Illegal means something that is against the law or prohibited by law and Association means a formal organization of people or groups of people. However, when the words ‘Illegal’ and ‘Association’ are said together then the meaning of these words changes completely.
Illegal association means a person associating himself or herself with something that is illegal but this something can be a person who does illegal stuff or any stuff that is illegal.
Illegal association is not healthy for any person because once that person is caught doing illegal stuff, that person will serve sometime in jail and there is no way out of it which will in turn to some extent effect his or her life. So, illegal association is harmful for any person and each and every person should stay away from it.
Illegal association can be of different kind. It can be – an association with a person who does illegal things or it can be doing something that is illegal (stuff like underage drinking or doing drugs etc.) or it can be the illegal association as per Companies Act 2013. Each kind of illegal association is different from the other.
Illegal Association as per Companies Act 2013
In this act it is stated that if the business is not registered under the Companies Act 2013 or under any other law then the number of members associated with that business has to be limited which is – in case of banking business the maximum number of member has to be ten and in case of any other business, the number of member associated with it is twenty.
If the number of member is to increase its limit and the business is not registered then that association will be Illegal Association and the members can go to jail in that particular situation.
Here by association it means partnership. This particular type of association always deals with the companies or business and is govern mostly under the Companies Act 2013.
Illegal Association as per Companies (Miscellaneous) Rules, 2014
According to Rule 10 of Companies (Miscellaneous) Rules 2014 –
No association or partnership shall be formed, consisting of more than 50 persons for the purpose of carrying on any business that has for its objects the acquisition of gain by the association or partnership or by individual members thereof, unless it is registered as a company under the Act or is formed under any other law for the time being in force.
Note: Provisions of Section 464 are not applicable in case of LLP.
Effect of non-registration of an association or partnership as company according to provisions of this Section –
Since, the law does not recognize an illegal association therefore such association:
- cannot enter into any contract;
- cannot sue any member, or outsider, not even if the company is subsequently registered;
- cannot be sued by a member, or an outsider for recovery of any debts;
- cannot be wound up by an order of the Court. In fact, the Court cannot entertain a petition for its winding up as an unregistered company, for if it did, it would be indirectly according to recognition of the illegal association.
When associated with a person
When a person involves themselves with another person who is involved in illegal activities knowingly or unknowingly, that involvement is also called illegal association. In this situation a person for whatever reason involves himself with a person who in the eyes of law is doing something illegal like smuggling, kidnapping, robbery etc.
The person may get involve knowingly or under pressure or unknowingly with another person who is already involved in doing illegal things and by associating with that person in whatever he is doing is being in an illegal association.
Illegal association with a person is not at all healthy specifically for teenagers as they are the ones that tend to fall under this category.
Most of the teenagers don’t have that much judgement skills to tell right from wrong and as result of that they often mix themselves with the wrong crowd and falls under the illegal association category and by the time they realise what they were doing was illegal, it becomes too late for them to come back and lead a normal life.
Teenagers should be made aware of illegal association before they become a teenager to prevent them from doing wrong things.
When associated with illegal stuff
Teenagers are the most gullible persons as they can hardly differentiate between right and wrong and most of the times they end up doing something wrong. Teenagers have a habit of acting on a whim. Most people who do illegal stuff are the teenagers.
Most common example of illegal things is drugs of different kinds. Their curiosity of doing something illegal or to go against their parents or to try to prove a point etc., make them fall victim of drugs. Drugs are a kind of addiction which is illegal.
Associating with drugs makes a person victim of illegal association. Drugs are not sold legally to teenagers anywhere or to any other person who doesn’t have government prescribed licence. Taking drugs may create a buzz of excitement for sometime but in the long run it is harmful for a person’s body and there is also a high chance of dying by drug overdose.
Dying because of drug overdose is not uncommon. As a matter of fact, everyday more than one person dies due to drug overdose somewhere. Associating themselves with drugs is illegal association.
Drugs are not the only thing where a person can have illegal association. Associating with any kind of things that are not permitted by law is considered as illegal association.
Educate a child about illegal association
Illegal association is something that should be taught to a child from a young age so that he or she don’t fall a victim of it. Today the situation in which the world is, one out of every ten child becomes a victim of illegal association. Why children, sometimes even the adults fall victim of it.
However awareness about it will help them in the future and especially when they become a teenager to differentiate right from wrong and act accordingly. Illegal association is harmful for each and every person in this world and this matter is becoming of growing concern for every parent out there.
Parents are always under the fear that their child may become a victim of illegal association and because of that they cannot trust their child fully which is also becoming an issue in almost every household. This is why awareness about illegal association is extremely important.