Title : THE UNLAWFUL ACTIVITIES (PREVENTION)ACT, 1967
Year : 2004
An Act to provide for the more effective prevention of certain unlawful activities of individuals and associations 2004 [and for dealing with terrorist activities] and for matters connected therewith.
*["WHEREAS the Security Council of the United Nations in its 4385th meeting adopted Resolution 1373 (2001) on 28th September, 2001, under Chapter VII of the Charter of the United Nations requiring all the States to take measures to combat international terrorism;
AND WHEREAS Resolutions 1267 (1999), 1333 (2000), 1363 (2001), 1390 (2002), 1455 (2003), 1526 (2004), 1566 (2004), 1617 (2005), 1735 (2006) and 1822 (2008) of the Security Council of the United Nations require the States to take action against certain terrorists and terrorist organisations, to freeze the assets and other economic resources, to prevent the entry into or the transit through their territory, and prevent the direct or indirect supply, sale or transfer of arms and ammunitions to the individuals or entities listed in the Schedule;
AND WHEREAS the Central Government, in exercise of the powers conferred by section 2 of the United Nations (Security Council) Act, 1947 has made the Prevention and Suppression of Terrorism (Implementation of Security Council Resolutions) Order, 2007;
AND WHEREAS it is considered necessary to give effect to the said Resolutions and the Order and to make special provisions for the prevention of, and for coping with, terrorist activities and for matters connected therewith or incidental thereto."]
Be it enacted by Parliament in the Eighteenth Year of the Republic of India as follows: -
[Modified by Unlawful Activities (Prevention) Amendment Act, 2004. and Unlawful Activities (Prevention) Amendment Act, 2008]
(1) This Act may be called the Unlawful Activities (Prevention) Act, 1967 (37 of 1967).
(2) It extends to the whole of India.
(3) Every person shall be liable to punishment under this Act for every act or omission contrary to the provisions thereof, of which he is held guilty in India.
(4) Any person, who commits an offence beyond India, which is punishable under this Act, shall be dealt with according to the provisions of this Act in the same manner as if such act had been committed in India.
(5) The provisions of this Act apply also to-
(a) Citizens of India outside India;
(b) Persons in the service of the Government, wherever they may be; and
(c) Persons on ships and aircrafts, registered in India, wherever they may be.
(1) In this Act, unless the context otherwise requires,-
(a) "Association" means any combination or body of individuals;
(b) "Cession of a part of the territory of India" includes admission of the claim of any foreign country to any such part;
(c) "Code" means the Code of Criminal Procedure, 1973 (2 of 1974)
(d) "Court" means a criminal court having jurisdiction, under the Code, to try offences under this Act;
(e) "Designated Authority" means such officer of the Central Government not below the rank of Joint Secretary to that Government, or such officer of the State Government not below the rank of Secretary to that Government, as the case may be, as may be specified by the Central Government or the State Government, by notification published in the Official Gazette;
(f) "Prescribed" means prescribed by rules made under this Act;
(g) "Proceeds of terrorism" means all kinds of properties which have been derived or obtained from commission of any terrorist act or have been acquired through funds traceable to a terrorist act, irrespective of person in whose name such proceeds are standing or in whose possession they are found, and includes any property which is being used, or is intended to be used, for the purpose of a terrorist organisation;
(h) "Property" means property and assets of every description, whether corporeal or incorporeal, movable or immovable, tangible or intangible and deeds and instruments evidencing title to, or interest in, such property or assets, and includes cash and bank account;
(i) "Secession of a part of the territory of India from the Union" includes the assertion of any claim to determine whether such part will remain a part of the territory of India ;
(j) "State Government", in relation to a Union territory, means the Administrator thereof;
(k) "Terrorist act" has the meaning assigned to it in section 15, and the expressions "terrorism" and "terrorist" shall be construed accordingly;
(l) "Terrorist gang" means any association, other than terrorist organisation, whether systematic or otherwise, which is concerned with, or involved in, terrorist act;
(m) "Terrorist organisation" means an organisation listed in the Schedule or an organisation operating under the same name as an organisation so listed;
(n) "Tribunal" means the Tribunal constituted under section 5;
(o) "Unlawful activity", in relation to an individual or association, means any action taken by such individual or association (whether by committing an act or by words, either spoken or written, or by signs or by visible representation or otherwise),-
(i) Which is intended, or supports any claim, to bring about, on any ground whatsoever, the cession of a part of the territory of India or the secession of a part of the territory of India from the Union, or which incites any individual or group of individuals to bring about such cession or secession; or
(ii) Which disclaims, questions, disrupts or is intended to disrupt the sovereignty and territorial integrity of India; or
(iii) Which causes or is intended to cause disaffection against India;
(p) "Unlawful association" means any association,-
(i) Which has for its object any unlawful activity, or which encourages or aids persons to undertake any unlawful activity, or of which the members undertake such activity; or
(ii) Which has for its object any activity which is punishable under section 153A or section 153B of the Indian Penal Code (45 of 1860), or which encourages or aids persons to undertake any such activity, or of which the members undertake any such activity:
Provided that nothing contained in sub-clause (ii) shall apply to the State of Jammu and Kashmir;
(q) Words and expressions used but not defined in this Act and defined in the Code shall have the meanings respectively assigned to them in the Code.
(2) Any reference in this Act to any enactment or any provision thereof shall, in relation to an area in which such enactment or such provision is not in force, be construed as a reference to the corresponding law or the relevant provision of the corresponding law, if any, in force in that area.
(l) If the Central Government is of opinion that any association is, or has become, an unlawful association, it may, by notification in the Official Gazette, declare such association to be unlawful.
(2) Every such notification shall specify the grounds on which it is issued and such other particulars as the Central Government may consider necessary:
Provided that nothing in this subsection shall require the Central Government to disclose any fact, which it considers to be against the public interest to disclose
(3) No such notification shall have effect until the Tribunal has, by an order made under Section 4, confirmed the declaration made therein and the order is published in the Official Gazette:
Provided that if the Central Government is of opinion that circumstances exist which render it necessary for that Government to declare an association to be unlawful with immediate effect, it may, for reasons to be stated in writing, direct that the notification shall, subject to any order that may be made under Section 4, have effect from the date of its publication in the Official Gazette.
(4) Every such notification shall, in addition to its publication in the Official Gazette, be published in not less than one daily newspaper having circulation in the State in which the principal office, if any, of the association affected is situated, and shall also be served on such association in such manner as the Central Government may think fit and all or any of the following mode may be followed in effecting such service, namely:-
(a) By affixing a copy of the notification to some conspicuous part of the office, if any, of the association; or
(b) By serving a copy of the notification, where possible, on the principal office-bearers, if any, of the association; or
(c) By proclaiming by beat of drum or by means of loud-speakers, the contents of the notification in area in which the activities of the association are ordinarily carried on; or
(d) In such other manner as may be prescribed.
(1) Where any association has been declared unlawful by a notification issued under sub-section (1) of Section 3, the Central Government shall, within thirty days from the date of the publication of the notification under the said sub-section, refer the notification to the Tribunal for the purpose of adjudicating whether or not there is sufficient cause for declaring the association unlawful.
(2) On receipt of a reference under sub-section (1), the Tribunal shall call upon association affected by notice in writing to show cause, within thirty days from the date of the service of such notice, why the association should not be declared unlawful.
(3) After considering the cause, if any, shown by the association or the office-bearers or members thereof, the Tribunal shall hold an inquiry in the manner specified in Section 9 and after calling for such further information as it, may consider necessary from the Central Government or from any office-bearer or member of the association, it shall decide whether or not there is sufficient cause for declaring the association to be unlawful and make, as expeditiously as possible and in any case within a period of six months from the date of the issue of the notification under sub-section (1) of Section 3, such order as it may deem fit either confirming the declaration made in the notification or canceling the same.
(4) The order of the Tribunal made under sub-section (3) shall be published in the Official Gazette.
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