Section 5:
Procedure to notify an organisation of a political nature.
(1) The Central Government may,
having regard to the activities of the organisation or the ideology propagated by the organisation or the
programme of the organisation or the association of the organisations with the activities of any political
party, by an order published in the Official Gazette, specify such organisation as an organisation of a
political nature not being a political party, referred to in clause (f) of sub-section (1) of section 3:
Provided that the Central Government may, by rules made by it, frame the guidelines specifying the
ground or grounds on which an organisation shall be specified as an organisation of a political nature.
(2) Before making an order under sub-section (1), the Central Government shall give the organisation
in respect of whom the order is proposed to be made, a notice in writing informing it of the ground or
grounds, on which it is proposed to be specified as an organisation of political nature under that
sub-section.
(3) The organisation to whom a notice has been served under sub-section (2), may, within a period of
thirty days from the date of the notice, make a representation to the Central Government giving reasons
for not specifying such organisation as an organisation under sub-section (1):
Provided that the Central Government may entertain the representation after the expiry of the said
period of thirty days, if it is satisfied that the organisation was prevented by sufficient cause from making
the representation within thirty days.
(4) The Central Government may, if it considers it appropriate, forward the representation referred to
in sub-section (3) to any authority to report on such representation.
(5) The Central Government may, after considering the representation and the report of the authority
referred to in sub-section (4), specify such organisation as an organisation of a political nature not being a
political party and make an order under sub-section (1) accordingly.
(6) Every order under sub-section (1) shall be made within a period of one hundred and twenty days
from the date of issue of notice under sub-section (2):
Provided that in case no order is made within the said period of one hundred and twenty days, the
Central Government shall, after recording the reasons therefor, make an order under sub-section (1)
within a period of sixty days from the expiry of the said period of one hundred and twenty days.