Unlawful Activities (Prevention) Act, 1967

686

Preamble

(Act No. 37 of 1967)

[30th December 1967]

An Act to provide for the more effective prevention of certain unlawful activities of individuals and associations and for matters connected therewith.

Be it enacted by Parliament in the Eighteenth Year of the Republic of India as follows: –

Section 1. Short title and extent

(Act No. 37 of 1967)

[30th December 1967]

An Act to provide for the more effective prevention of certain unlawful activities of individuals and associations and for matters connected therewith.

Be it enacted by Parliament in the Eighteenth Year of the Republic of India as follows: –

1[(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

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1. Subs. by Act No. 29 of 2004 w.e.f. 29-12-2004

Section 2. Definitions

1[(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;

(d) “court” means a criminal court having jurisdiction, under the Code, to try offences under this Act; s

(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 153-A or Section 153-B 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 (it) 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].

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1. Subs. by Act No. 29 of 2004 w.e.f. 29-12-2004.

Section 2A. Construction of references to laws not in force in Jammu and Kashmir

1Construction of references to laws not in force in Jammu and Kashmir. Any reference in this Act to a law, which is not in force in the State of Jammu and Kashmir, shall, in relation to that State, be construed as a reference to the corresponding law, if any, in force in that State.]

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1. Ins. by Act 24 of 1969, sec. 3 (w.e.f. 13-8-1969).

Section 3. Declaration of an Association as unlawful

(1) 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.

Section 4. Reference to Tribunal

(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.

Section 5. Tribunal

(1) The Central Government may, by notification in the Official Gazette, constitute, as and when necessary, a tribunal to be known as the “Unlawful Activities (Prevention) Tribunal” consisting of one person, to be appointed the Central Government:

Provided that no person shall be so appointed unless he is a Judge of a, High Court.

(2) If, for any reason, a vacancy (other than a temporary absence) occurs in the office of the presiding officer of the Tribunal, then the Central Government shall appoint another person in accordance with the provisions of this section to fill the vacancy and the proceedings may be continued before the Tribunal from the stage at which the vacancy is filled.

(3) The Central Government shall make available to the Tribunal such staff as may be necessary for the discharge of its functions under this Act.

(4) All expanses incurred in connection with the Tribunal shall be defrayed out of the Consolidated Fund of India.

(5) Subject to the provisions of Section 9, the Tribunal shall have power to regulate its own procedure in all matters arising out of the discharge of its functions including the place or places at which it will hold its sittings.

(6) The Tribunal shall, for the purpose of making an inquiry under this Act, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908, (5 of 1908) while trying a suit, in respect of the following matters, namely: –

(a) The summoning and enforcing the attendance of any witness and examining him on oath;

(b) The discovery and production of any document or other material object producible as evidence;

(d) The requisitioning of any public record from any court or office;

(e) The issuing of any commission for the examination of witnesses.

(7) Any proceeding before the Tribunal shall be deemed to be a judicial proceeding within the meaning of Sections 193 and 228 of the Indian Penal Code and the Tribunal shall be deemed to be a civil court for the purposes of Section 1[195 and Chapter XXVI of the Code of Criminal Procedure, 1898.]

Section 6. Period of operation and cancellation of notification

(1) Subject to the provisions of sub-section (2), a notification issued under Section 3 shall, if the declaration made therein is confirmed by the Tribunal by an order made under Section 4, remain in force for a period of two years from the date on which the notification becomes effective.

(2) Notwithstanding anything contained in sub-section (1), the Central Government may, either on its own motion or on the application of any person aggrieved, at any time, cancel the notification issued under Section 3, whether or not the declaration made therein has been confirmed by the Tribunal.

Section 7. Power to prohibit the use of funds of an unlawful association

(1) Where an association has been declared unlawful by a notification issued under Section 3 which has become effective under sub-section (3) of that section and the Central Government is satisfied, after such inquiry as it may think fit, that any person has custody of any moneys, securities or credits which are being used or are intended to be used for the purpose of the unlawful association, the Central Government may, by order in writing, prohibit such person from paying, delivering transferring or otherwise dealing in any manner whatsoever with such moneys, securities or credits or with any other moneys, securities or credits which may come into his custody after the making of the order, save in accordance with the, written orders of the Central Government and a copy of such order shall be served upon the person so prohibited in the manner specified in subsection (3).

(2) The Central Government may endorse a copy of the prohibitory order made under sub-section (1) for investigation to any gazetted officer of the Government it may select, and such copy shall be a warrant where under such officer may enter in or upon any premises of the person to whom the order is directed, examine the books of such person, search for moneys, securities or credits, and make inquiries from such person or any officer, agent or servant of such person, touching the origin of any dealings in any moneys, securities or credits which the investigating officer may suspect are being used or are intended to be used for the purpose of the unlawful association.

(3) A copy of an order made under this section shall be served in the manner provided in the 1[Code of Criminal Procedure, 1898] for the service of a summons, or, where the person to be served is a corporation, company, bank or other association, it shall be served on any secretary, director or other Officer or person concerned with the management thereof, or by leaving it or sending it by post addressed to the corporation, company, bank or other association at its registered office, or where there is no registered office, at the place where it carries on business.

(4) Any person aggrieved by a prohibitory order made under sub-section (1) may, within fifteen days from the date of the service of such order, make an application to the Court of the District Judge within the local limits of whose jurisdiction such person voluntarily resides or carries on business or personally works for gain, to establish that the monies, securities or credits in respect of which the prohibitory order has been made, are not being used or are not intended to be used for the purpose of the unlawful association and the Court of the District Judge shall decide the question.

(5) Except so far as is necessary for the purposes of any proceedings under this section, no information obtained in the course of any investigation made under sub-section (2) Shall be divulged by any gazetted officer of the Government, without the consent of the Central Government.

(6) In this section “security” includes a document whereby any person acknowledges that he is under a legal liability to pay money, or where under any Person obtains a legal right to the payment of money.

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1. See now the Code of Criminal Procedure, 1973.

Section 8. Power to notify places used for the purpose of an unlawful association

(1) Where an association has been declared unlawful by a notification issued under Section 3, which has become effective under sub-section (3) of that section, the Central Government may, by notification in the Official Gazette, notify any place, which in its opinion is used for the purpose of such unlawful association.

Explanation

For the purposes of this sub-section, “place” includes a house or building, or part thereof, or a tent or vessel.

(2) On the issue of a notification under sub-section (1), the District Magistrate within the local limits of whose jurisdiction such notified place is situate or any officer authorised by him in writing in this behalf shall make a list of all movable properties (other than wearing-appear, cooking vessels, beds and beddings, tools of artisans, implements of husbandry, cattle, grain and food-stuffs and such other articles as he considers to be of a trivial nature) found in the notified place in the presence of two respectable witnesses.

(3) If, in the opinion of the District Magistrate, any articles specified in the list are or may be used for the purpose of the unlawful association, he may make an order prohibiting any person from using the articles save in accordance with the written orders of the District Magistrate.

(4) The District Magistrate may thereupon make ail order that no person who at the date of the notification was not a resident in the notified place shall, without the permission of the District Magistrate, enter, or be on or in, the notified place:

Provided that nothing in this sub-section shall apply to any near relative of any person who was a resident in the notified place at the date of the notification.

(5) Where in pursuance of sub-section (4), any person is granted permission to enter, or to be on or in, the notified place that person shall while acting under such permission, comply with such orders for regulating his conduct as may be given by the District Magistrate.

(6) Any Police officer, not below the rank of sub-inspector, or any other person authorised in this behalf by the Central Government may search any person entering, or seeking to enter, or being on or in, the notified place and may detail any such person for the purpose of searching him:

Provided that no female shall be searched in pursuance of this sub-section except by a female.

(7) If any person is in the notified place in contravention of an order made under sub-section (4), then, without prejudice to any other proceedings, which may be taken against him, he may he removed therefrom by any officer or by any other person authorised in this behalf by the Central Government.

(8) Any person aggrieved by a notification issued in respect of a place under sub-section (1) or by an order made under subsection (3) or sub-section (4) may, within thirty days from the date of the notification or order as the case may be, make an application to the Court of the District Judge within the local limits of whose jurisdiction such notified place is situate-

(a) For declaration that the place has not been used for the purpose of the unlawful association; or

(b) For setting aside the order made under subsection (3) or sub-section (4) and on receipt of the application the Court of District Judge shall, after giving the parties an opportunity of being heard, decide the question.

Section 8. Power to notify places used for the purpose of an unlawful association

Explanation

For the purposes of this sub-section, “place” includes a house or building, or part thereof, or a tent or vessel.

Provided that nothing in this sub-section shall apply to any near relative of any person who was a resident in the notified place at the date of the notification.

Provided that no female shall be searched in pursuance of this sub-section except by a female.

(7) If any person is in the notified place in contravention of an order made under sub-section (4), then, without prejudice to any other proceedings, which may be taken against him, he may he removed there from by any officer or by any other person authorised in this behalf by the Central Government.

(a) For declaration that the place has not been used for the purpose of the unlawful association; or

Section 9. Procedure to be followed in the disposal of applications under this Act

Subject to any rules that may be made under this Act, the procedure to be followed by, the Tribunal in holding any inquiry under sub-section (3) of Section 4 or by a, Court of the District Judge in disposing of any application under sub-section (4) of Section 7 or sub-section (8) of Section 8 shall, so far as may be, the procedure laid down in the Code of Civil Procedure, 1908 (5 of 1908) for the investigation of claims and the decision of the Tribunal or the Court of the District Judge, as the case may be, shall be final.

Section 10. Penalty for being members of an unlawful association

1[Where an association is declared unlawful by a notification issued under Section 3 which has become effective under sub-section (3) of that section,-

(a) a person, who-

(i) is and continues to be a member of such association; or

(ii) takes part in meetings of such association; or

(iii) contributes to, or receives or solicits any contribution for the purpose of, such association; or

(iv) in any way assists the operations of such association,

shall be punishable with imprisonment for a term which may extend to two years, and shall also be liable to fine; and

(b) a person, who is or continues to be a member of such association, or voluntarily does an act aiding or promoting in any manner the objects of such association and in either case is in possession of any unlicensed firearms, ammunition, explosive or other instrument or substance capable of causing mass destruction and commits any act resulting in loss of human life or grievous injury to any person or causes significant damage to any property,-

(i) and if such act has resulted in the death of any person, shall be punishable with death or imprisonment for life, and shall also be liable to fine;

(ii) in any other case, shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine].”

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1. Subs. by Sec. 10 Act No. 29 of 2004 w.e.f. 29-12-2004.

Section 11. Penalty for dealing with funds of an unlawful association

If any person on whom a prohibitory order has been served under sub-section (1) of Section 7 in respect of any moneys, securities or credits pays, delivers, transfers or otherwise deals in any manner whatsoever with the same in contravention of the prohibitory order, he shall be punishable with imprisonment for a term which may extend to three years, of with fine, or with both, and notwithstanding anything contained in the 1[Code of Criminal Procedure, 1898 (5 of 1898)], the court trying such contravention may also impose on the person convicted an additional fine to recover from him the amount of the moneys or credits or the market value of the securities in respect of which the prohibitory order has been contravened or such part thereof as the court may deem fit.

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1. See the code of criminal procedure, 1973.

Section 12. Penalty for contravention of an order made in respect of a notified place

(1) Whoever uses any article in contravention of a prohibitory order in respect thereof made under sub-section (3) of Section 8 shall be punishable with imprisonment for a term, which may extend to one year, and shall also be liable to fine.

(2) Whoever knowingly and wilfully is in, or effects or attempts to effect entry into, a notified place in contravention of an order made under subsection (4) of Section 8 shall be punishable with imprisonment for a term which may extend to one year, and shall also be liable to fine.

Section 13. Punishment for unlawful activities

(1) Whoever-

(a) Takes part in or commits, or

(b) Advocates, abets, advices or incites the commission of, any unlawful activity, shall be punishable with imprisonment for a term, which may extend to seven years, and shall also be liable to fine.

(2) Whoever, in any way, assists any unlawful activity of any association, declared unlawful under Section 3, after the notification by which it has been so declared has become effective under sub-section (3) of that section, shall be punishable with imprisonment for a term which may extend to five years, or with fine, or with both.

(3) Nothing in this section shall apply to any treaty, agreement or convention entered into between the Government of India and the Government of any other country or to any negotiations therefor carried on by any person authorised in this behalf by the Government of India.

Section 14. Offences to be cognizable

Notwithstanding anything contained in the 1[Code of Criminal Procedure, 1898] an offence punishable under this Act shall be cognizable.

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1. See now the code of criminal procedure, 1973.

1[CHAPTER IV

PUNISHMENT FOR TERRORIST ACTIVITIES

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1. Subs. by Chapter IV Act No. 29 of 2004 w.e.f. 29-12-2004.

Section 15. Terrorist act

1[Terrorist act. Whoever, with intent to threaten the unity, integrity, security or sovereignty of India or to strike terror in the people or any section of the people in India or in any foreign country, does any act by using bombs, dynamite or other explosive substances or inflammable substances or firearms or other lethal weapons or poisons or noxious gases or other chemicals or by any other substances (whether biological or otherwise) of a hazardous nature, in such a manner as to cause, or likely to cause, death of, or injuries to any person or persons or loss of, or damage to, or destruction of, property or disruption of any supplies or services essential to the life of the community in India or in any foreign country or causes damage or destruction of any property or equipment used or intended to be used for the defence of India or in connection with any other purposes of the Government of India, any Stale Government or any of their agencies, or detains any person and threatens to kill or injure such person in order to compel the Government in India or the Government of a foreign country or any other person to do or abstain from doing any act, commits a terrorist act].

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1. Subs. by Act No. 29 of 2004 w.e.f. 29-12-2004.

Section 16. Punishment for terrorist act

1[ Punishment for terrorist act. (1) Whoever commits a terrorist act shall,-

(a) if such act has resulted in the death of any person, be punishable with death or imprisonment for life, and shall also be liable to fine;

(b) in any other case, be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine].

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1. Subs. by Act No. 29 of 2004 w.e.f. 29-12-2004

Section 17. Punishment for raising fund for terrorist act

1[17. Punishment for raising fund for terrorist act. Whoever raises fund for the purpose of committing a terrorist act shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine].

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1. Subs. by Act No. 29 of 2004 w.e.f. 29-12-2004.

Section 18. Punishment for conspiracy, etc

1[Punishment for conspiracy, etc. Whoever conspires or attempts to commit, or advocates, abets, advises or incites or knowingly facilitates the commission of, a terrorist act or any act preparatory to the commission of a terrorist act, shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine.

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1. Subs. by Act No. 29 of 2004 w.e.f. 29-12-2004.

Section 19. Punishment for harbouring, etc

1[Punishment for harbouring, etc. Whoever voluntarily harbours or conceals, or attempts to harbour or conceal any person knowing that such person is a terrorist shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to imprisonment for life, and shall also be liable to fine :

Provided that this section shall not apply to any case in which the harbour or concealment is by the spouse of the offender.

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1. Subs. by Act No. 29 of 2004 w.e.f. 29-12-2004.

Section 20. Punishment for being member of terrorist gang or organisation

1[Punishment for being member of terrorist gang or organisation. Any person who is a member of a terrorist gang or a terrorist organisation, which is involved in terrorist act, shall be punishable with imprisonment for a term which may extend to imprisonment for life, and shall also be liable to fine].

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1. Subs. by Act No. 29 of 2004 w.e.f. 29-12-2004

Section 21. Punishment for holding proceeds of terrorism

1[Punishment for holding proceeds of terrorism. Whoever knowingly holds any property derived or obtained from commission of any terrorist act or acquired through the terrorist fund shall be punishable with imprisonment for a term which may extend to imprisonment for life, and shall also be liable to fine].

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1. Subs. by Act No. 29 of 2004 w.e.f. 29-12-2004.

Section 22. Punishment for threatening witness

1[22. Punishment for threatening witness. Whoever threatens any person who is a witness or any other person in whom such witness may be interested, with violence, or wrongfully restrains or confines the witness, or any other person in whom the witness may be interested, or does any other unlawful act with intent to cause any of the said acts, shall be punishable with imprisonment which may extend to three years, and shall also be liable to fine.

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1. Subs. by Act No. 29of 2004 w.e.f. 29-12-2004.

Section 23. Enhanced penalties

1[Enhanced penalties. (1) If any person with intent to aid any terrorist contravenes any provision of, or any rule made under the Explosives Act, 1884 (4 of 1884) or the Explosive Substances Act, 1908 (6 of 1908) or the Inflammable Substances Act, 1952 (20 of 1952) or the Arms Act, 1959 (54 of 1959), or is in unauthorised possession of any bomb, dynamite or hazardous explosive substance or other lethal weapon or substance capable of mass destruction or biological or chemical substance of warfare, he shall, notwithstanding anything contained in any of the aforesaid Acts or the rules made thereunder, be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine.

(2) Any person who, with intent to aid any terrorist, attempts to contravene or abets, or does any act preparatory to contravention of any provision of any law or rule specified in sub-section (1), shall be deemed to have contravened that provision under sub-section (1) and the provisions of that sub-section in relation to such person, have effect subject to the modification that the reference to “imprisonment for life” therein shall be construed as a reference to “imprisonment for ten years”.

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1. Subs. by Act No. 29 of 2004 w.e.f. 29-12-2004.

Section 24. Forfeiture of proceeds of terrorism

1[Forfeiture of proceeds of terrorism. (1) No person shall hold or be in possession of any proceeds of terrorism.

(2) Proceeds of terrorism, whether held by a terrorist or by any other person and whether or not such terrorist or other person is prosecuted or convicted for any offence under Chapter IV or Chapter VI, shall be liable to be forfeited to the Central Government or the State Government, as the case may be, in the manner provided under this chapter.

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1. Inserted by Act No. 29 of 2004 w.e.f. 29-12-2004.

Section 25. Powers of investigating officer and Designated Authority and appeal against order of Designated Authority

1Powers of investigating officer and Designated Authority and appeal against order of Designated Authority. (1) If an officer investigating an offence committed under Chapter IV or Chapter VI, has reason to believe that any property in relation to which an investigation is being conducted, represents proceeds of terrorism, he shall, with the prior approval in writing of the Director General of the Police of the State in which such property is situated, make an order seizing such property and where it is not practicable to seize such property, make an order of attachment directing that such property shall not be transferred or otherwise dealt with except with the prior permission of the officer making such order, or of the Designated Authority before whom the property seized or attached is produced and a copy of such order shall be served on the person concerned.

(2) The investigating officer shall duly inform the Designated Authority within forty-eight hours of the seizure or attachment of such property.

(3) The Designated Authority before whom the seized or attached property is produced shall either confirm or revoke the order of seizure or attachment so issued within a period of sixty days from the date of such production :

Provided that an opportunity of making a representation by the person whose property is being seized or attached shall be given.

(4) In the case of immovable property attached by the investigating officer, it shall be deemed to have been produced before the Designated Authority, when the investigating officer notifies his report and places it at the disposal of the Designated Authority.

(5) The investigating officer may seize and detain any cash to which this chapter applies if he has reasonable grounds for suspecting that-

(a) it is intended to be used for the purposes of terrorism; or

(b) it forms the whole or part of the resources of a terrorist organisation :

Provided that the cash seized under this sub-section by the investigating officer shall be released within a period of forty-eight hours beginning with the time when it is seized unless the matter involving the cash is before the Designated Authority and such Authority passes an order allowing its retention beyond forty-eight hours.

Explanation

For the purposes of this sub-section, “cash” means-

(a) coins or notes in any currency;

(b) postal orders;

(d) banker’s drafts; and

(e) such other monetary instruments as the Central Government or, as the case may be, the State Government may specify by an order made in writing.

(6) Any person aggrieved by an order made by the Designated Authority may prefer an appeal to the court within a period of thirty days from the date of receipt of the order, and the court may either confirm the order of attachment of property or seizure so made or revoke such order and release the property].

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1. Inserted by Act No. 29 of 2004 w.e.f. 29-12-2004.

Section 26. Court to order forfeiture of proceeds of terrorism

1[Court to order forfeiture of proceeds of terrorism. Where any property is seized or attached on the ground that it constitutes proceeds of terrorism and the court confirms the order in this regard under sub-section (6) of Section 25, it may order forfeiture of such property, whether or not the person from whose possession it is seized or attached, is prosecuted in a court for an offence under Chapter IV or Chapter VI.]

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1. Inserted by Act No. 29 of 2004 w.e.f. 29-12-2004.

Section 27. Issue of show cause notice before forfeiture of proceeds of terrorism

1[Issue of show cause notice before forfeiture of proceeds of terrorism. (1) No order forfeiting any proceeds of terrorism shall be made under Section 26 unless the person holding or in possession of such proceeds is given a notice in writing informing him of the grounds on which it is proposed to forfeit the proceeds of terrorism and such person is given an opportunity of making a representation in writing within such reasonable time as may be specified in the notice against the grounds of forfeiture and is also given a reasonable opportunity of being heard in the matter.

(2) No order of forfeiture shall be made under sub-section (I), if such person establishes that he is a bona fide transferee of such proceeds for value without knowing that they represent proceeds of terrorism.

(3) It shall be competent for the court to make an order in respect of property seized or attached,- . f

(a) directing it to be sold if it is a perishable property and the provisions of Section 459 of the Code shall, as nearly as may be practicable, apply to the net proceeds of such sale;

(b) nominating any officer of the Central Government or the State Government, in the case of any other property, to perform the function of the Administrator of such property subject to such conditions as may be specified by the court.

——————–

1. Inserted by Act No. 29 of 2004 w.e.f. 29-12-2004.

Section 28. Appeal

1[Appeal. (1) Any person aggrieved by an order of forfeiture under Section 26 may, within one month from the date of the receipt of such order, appeal to the High Court within whose jurisdiction, the court, which passed the order appealed against, is situated.

(2) Where an order under Section 26 is modified or annulled by the High Court or where in a prosecution instituted for any offence under Chapter IV or Chapter VI, the person against whom an order of forfeiture has been made under Section 26 is acquitted, such property shall be returned to him and in either case if it is not possible for any reason to return the forfeited property, such person shall be paid the price therefor as if the property had been sold to the Central Government with reasonable interest calculated from the day of seizure of the property and such price shall be determined in the manner prescribed.

——————–

1. Inserted by Act No. 29 of 2004 w.e.f. 29-12-2004.

Section 29. Order of forfeiture not to interfere with other punishments

1[Order of forfeiture not to interfere with other punishments. The order of forfeiture made under this chapter by the court, shall not prevent the infliction of any other punishment to which the person affected thereby is liable under Chapter IV or Chapter VI.

——————–

1. Inserted by Act No. 29 of 2004 w.e.f. 29-12-2004.

Section 30. Claims by third party

1[Claims by third party. (1) Where any claim is preferred or any objection is made to the seizure or attachment of any property under Section 25 on the ground that such property is not liable to seizure or attachment, the Designated Authority before whom such property is produced, shall proceed to investigate the claim or objection :

Provided that no such investigation shall be made where the Designated Authority considers that the claim or objection is designed to cause unnecessary delay.

(2) Where an appeal has been preferred under sub-section (6) of Section 25 and any claimant or objector establishes that the property specified in the notice issued under Section 27 is not liable to be forfeited under this chapter, the said notice shall be withdrawn or modified accordingly.

——————–

1. Inserted by Act No. 29 of 2004 w.e.f. 29-12-2004.

Section 31. Powers of Designated Authority

1[Powers of Designated Authority. The Designated Authority, acting under the provisions of this chapter, shall have all the powers of a civil court required for making a full and fair inquiry into the matter before it].

——————–

1. Inserted by Act No. 29 of 2004 w.e.f. 29-12-2004.

Section 32. Certain transfers to be null and void

1[Certain transfers to be null and void.Where, after the issue of an order under Section 25 or issue of a notice under Section 27, any property referred to in the said order or notice is transferred by any mode whatsoever, such transfer shall, for the purpose of the proceedings under this chapter, be ignored and if such property is subsequently forfeited, the transfer of such property shall be deemed to be null and void.]

——————–

1. Inserted by Act No. 29 of 2004 w.e.f. 29-12-2004.

Section 33. Forfeiture of property of certain persons

1[Forfeiture of property of certain persons. (1) Where any person is accused of an offence under Chapter IV or Chapter VI, it shall be open to the court to pass an order that all or any of the properties, movable or immovable or both, belonging to him, shall, during the period of such trial, be attached, if not already attached under this chapter.

(2) Where a person has been convicted of any offence punishable under Chapter IV or Chapter VI, the court may, in addition to awarding any punishment, by order in writing, declare that any property, movable or immovable or both, belonging to the accused and specified in the order, shall stand forfeited to the Central Government or the State Government, as the case may be, free from all encumbrances.

——————–

1. Inserted by Act No. 29 of 2004 w.e.f. 29-12-2004

Section 34. Company to transfer shares to Government

1[Company to transfer shares to Government. Where any share in a company stands forfeited to the Central Government or the State Government, as the case may be, under this chapter, then, the company shall, on receipt of” the order of the court, notwithstanding anything contained in the Companies Act, 1956 (1 of 1956), or the articles of association of the company, forthwith register the Central Government or the State Government, as the case may be, as the transferee of such share.

——————–

1. Inserted by Act No. 29 of 2004 w.e.f. 29-12-2004.

Section 35. Amendment of Schedule, etc

1[Amendment of Schedule, etc. (1) The Central Government may, by order, in the Official Gazette,-

(a) add an organisation to the Schedule

(b) add also an organisation to the Schedule, which is identified as a terrorist organisation in a resolution adopted by the Security Council under Chapter VII of the Charter of the United Nations, to combat international terrorism;

(d) amend the Schedule in some other way.

(2) The Central Government shall exercise its power under clause (a) of subsection (1) in respect of an organisation only if it believes that it is involved in terrorism.

(3) For the purposes of sub-section (2), an organisation shall be deemed to be involved in terrorism if it-

(a) commits or participates in acts of terrorism, or

(b) prepares for terrorism, or

(d) is otherwise involved in terrorism].

——————–

1. Inserted by Act No. 29 of 2004 w.e.f. 29-12-2004.

Section 36. Denotification of a terrorist organisation

1[Denotification of a terrorist organisation. (1) An application may be made to the Central Government for the exercise of its power under clause (c) of sub-section (1) of Section 35 to remove an organisation from the Schedule.

(2) An application under sub-section (1) may be made by-

(a) the organisation, or

(b) any person affected by inclusion of the organisation in the Schedule as a terrorist organisation.

(3) The Central Government may prescribe the procedure for admission and disposal of an application made under this section.

(4) Where an application under sub-section (1) has been rejected the applicant may apply for a review to the Review Committee constituted by the Central Government under sub-section (1) of Section 37 within one month from the date of receipt of the order of such refusal by the applicant.

(5) The Review Committee may allow an application for review against rejection to remove an organisation from the Schedule, if it considers that the decision to reject was flawed when considered in the light of the principles applicable on an application for judicial review.

(6) Where the Review Committee allows review under sub-section (5) by or in respect of an organisation, it may make an order to such effect.

(7) Where an order is made under sub-section (6), the Central Government shall, as soon as the certified copy of the order is received by it, make an order removing the organisation from the Schedule].

——————–

1. Inserted by Act No. 29 of 2004 w.e.f. 29-12-2004.

Section 37. Review Committees

1[Review Committees, (1) The Central Government shall constitute one or more Review Committees for the purposes of Section 36.

(2) Every such committee shall consist of a Chairperson and such other members not exceeding three and possessing such qualifications as may be prescribed.

(3) A Chairperson of the committee shall be a person who is, or has been, a Judge of a High Court, who shall be appointed by the Central Government and in the case of appointment of a sitting Judge, the concurrence of the Chief Justice of the concerned High Court shall be obtained].

——————–

1. Inserted by Act No. 29 of 2004 w.e.f. 29-12-2004.

Section 38. Offence relating to membership of a terrorist organisation

1[Offence relating to membership of a terrorist organisation. (1) A person, who associates himself, or professes to be associated, with a terrorist organisation with intention to further its activities, commits an offence relating to membership of a terrorist organisation :

Provided that this sub-section shall not apply where the person charged is able to prove-

(a) that the organisation was not declared as a terrorist organisation at the time when he became a member or began to profess to be a member; and

(b) that he has not taken part in the activities of the organisation at any time during its inclusion in the Schedule as a terrorist organisation.

(2) A person, who commits the offence relating to membership of a terrorist organisation under sub-section (1), shall be punishable with imprisonment for a term not exceeding ten years, or with fine, or with both].

——————–

1. Inserted by Act No. 29 of 2004 w.e.f. 29-12-2004.

Section 39. Offence relating to support given to a terrorist organisation

1[Offence relating to support given to a terrorist organisation. (1) A person commits the offence relating to support given to a terrorist organisation,-

(a) who, with intention to further the activity of a terrorist organisation,-

(i) invites support for the terrorist organisation, and

(ii) the support is not or is not restricted to provide money or other property within the meaning of Section 40; or

(b) who, with intention to further the activity of a terrorist organisation, arranges, manages or assists in arranging or managing a meeting which he knows is-

(i) to support the terrorist organisation, or

(ii) to further the activity of the terrorist organisation, or

(iii) to be addressed by a person who associates or professes to be associated with the terrorist organisation; or

(c) who, with intention to further the activity of a terrorist organisation, addresses a meeting for the purpose of encouraging support for the terrorist organisation or to further its activity.

(2) A person, who commits the offence relating to support given to a terrorist organisation under sub-section (1), shall be punishable with imprisonment for a term not exceeding ten years, or with fine, or with both].

——————–

1. Inserted by Act No. 29 of 2004 w.e.f. 29-12-2004.

Section 40. Offence of raising fund for a terrorist organisation

1[Offence of raising fund for a terrorist organisation, (1) A person commits the offence of raising fund for a terrorist organisation, who, with intention to further the activity of a terrorist organisation,-

(a) invites another person to provide money or other property, and intends that it should be used, or has reasonable cause to suspect that it might be used, for the purposes of terrorism; or

(b) receives money or other property, and intends that it should be used, or has reasonable cause to suspect that it might be used, for the purposes of terrorism; or

(c) provides money or other property, and knows, or has reasonable cause to suspect, that it would or might be used for the purposes of terrorism.

Explanation.

For the purposes of this sub-section, a reference to provide money or other property includes of its being given, lent or otherwise made available, whether or not for consideration.

(2) A person, who commits the offence of raising fund for a terrorist organisation under sub-section (1), shall be punishable with imprisonment for a term not exceeding fourteen years, or with fine, or with both].

——————–

1. Inserted by Act No. 29 of 2004 w.e.f. 29-12-2004.

Section 41. Continuance of association

1[Continuance of association. An association shall not be deemed to have ceased to exist by reason only of any formal act of its dissolution or change of name but shall be deemed to continue so long as any actual combination for the purposes of such association continues between any members thereof.

——————–

1. Inserted by Act No. 29 of 2004 w.e.f. 29-12-2004

Section 42. Power to delegate

1[Power to delegate. The Central Government may, by notification in the Official Gazette, direct that all or any of the powers which may be exercised by it under Section 7, or Section 8, or both, shall, in such circumstances and under such conditions, if any, as may be specified in the notification, be exercised also by any State Government and the State Government may, with the previous approval of the Central Government, by order in writing, direct that any power which has been directed to be exercised by it shall, in such circumstances and under such conditions, if any, as may be specified in the direction, be exercised by any person subordinate to the State Government as may be specified therein].

——————–

1. Inserted by Act No. 29 of 2004 w.e.f. 29-12-2004.

Section 43. Officers competent to investigate offences under Chapters IV and VI

1[Officers competent to investigate offences under Chapters IV and VI. Notwithstanding anything contained in the Code, no police officer,-

(a) in the case of the Delhi Special Police Establishment, constituted under sub-section (1) of Section 2 of the Delhi Special Police Establishment Act, 1946 (25 of 1946), below the rank of a Deputy Superintendent of Police or a police officer of equivalent rank;

(b) in the metropolitan areas of Mumbai, Kolkata, Chennai and Ahmedabad and any other metropolitan area notified as such under sub-section (1) of Section 8 of the Code, below the rank of an Assistant Commissioner of Police;

(c) in any case not relatable to clause (a) or clause (b), below the rank of a Deputy Superintendent of Police or a police officer of an equivalent rank,

shall investigate any offence punishable under Chapter IV or VI.

——————–

1. Inserted by Act No. 29 of 2004 w.e.f. 29-12-2004.

Section 44. Protection of witnesses

1[Protection of witnesses. (1) Notwithstanding anything contained in the Code, the proceedings under this Act may, for reasons to be recorded in writing, be held in camera, if the court so desires.

(2) A court, if on an application made by a witness in any proceeding before it or by the Public Prosecutor in relation to such witness or on its own motion, is satisfied that the life of such witness is in danger, it may, for reasons to be recorded in writing, take such measures as it deems fit for keeping the identity and address of such witness secret.

(3) In particular, and without prejudice to the generality of the provisions of sub-: section (2), the measures which a court may take under that sub-section may include-

(a) the holding of the proceedings at a place to be decided by the court;

(b) the avoiding of the mention of the name and address of the witness in its orders or judgments or in any records of the case accessible to public;

(d) a decision that it is in the public interest to order that all or any of the proceedings pending before such a court shall not be published in any manner.

(4) Any person who contravenes any decision or direction issued under subsection (3) shall be punishable with imprisonment for a term which may extend to three years, and shall also be liable to fine].

——————–

1. Inserted by Act No. 29 of 2004 w.e.f. 29-12-2004.

Section 45. Cognizance of offences

1[Cognizance of offences. No court shall take cognizance of any offence-

(i) under Chapter III without the previous sanction of the Central Government or any officer authorised by the Central Government in this behalf;

(ii) under Chapters IV and VI without the previous sanction of the Central Government or, as the case may be, the State Government, and where such offence is committed against the Government of a foreign country without the previous sanction of the Central Government].

——————–

1. Inserted by Act No. 29 of 2004 w.e.f. 29-12-2004.

Section 46. Admissibility of evidence collected through the interception of communications

1[Admissibility of evidence collected through the interception of communications. Notwithstanding anything contained in the Indian Evidence Act, 1872 (1 of 1872) or any other law for the time being in force, the evidence collected through the interception of wire, electronic or oral communication under the provisions of the Indian Telegraph Act, 1885 (13 of 1885) or the Information Technology Act, 2000 (21 of 2000) or any other law for the time being in force, shall be admissible as evidence against the accused in the court during the trial of a case :

Provided that the contents of any wire, electronic or oral communication intercepted or evidence derived therefrom shall not be received in evidence or otherwise disclosed in any trial, hearing or other proceeding in any court unless each accused has been furnished with a copy of the order of the competent authority under the aforesaid law, under which the interception was directed, not less than ten days before trial, hearing or proceeding;

Provided further that the period of ten days may be waived by the Judge trying the matter, if he comes to the conclusion that it was not possible to furnish the accused with such order ten days before the trial, hearing or proceeding and that the accused shall not be prejudiced by the delay in receiving such order.]

——————–

1. Inserted by Act No. 29 of 2004 w.e.f. 29-12-2004.

Section 47. Bar of jurisdiction

1[Bar of jurisdiction. (1) Save as otherwise expressly provided in this Act, no proceeding taken under this Act by the Central Government or the District Magistrate or any officer authorised in this behalf by the Central Government or the District Magistrate, shall be called in question in any civil court in any suit or application or by way of appeal or revision, and no injunction shall be granted by any civil court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act.

(2) Notwithstanding anything contained in sub-section (1), no civil court or other authority shall have, or be entitled to exercise, any jurisdiction, powers or authority in relation to the matters referred to in Section 36.]

——————–

1. Inserted by Act No. 29 of 2004 w.e.f. 29-12-2004.

Section 48. Effect of Act and rules, etc., inconsistent with other enactments

1[Effect of Act and rules, etc., inconsistent with other enactments. The provisions of this Act or any rule or order made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act or any instrument having effect by virtue of any enactment other than this Act].

——————–

1. Inserted by Act No. 29 of 2004 w.e.f. 29-12-2004.

Section 49. Protection of action taken in good faith

1[Protection of action taken in good faith. No suit, prosecution or other legal proceeding shall lie against-

(a) the Central Government or a State Government or any officer or authority of the Central Government or State Government or District Magistrate or any officer authorised in this behalf by the Government or the District Magistrate or any other authority on whom powers have been conferred under this Act, for anything which is in good faith done or purported to be done in pursuance of this Act or any rule or order made thereunder; and

(b) any serving or retired member of the armed forces or paramilitary forces in respect of any action taken or purported to be taken by him in good faith, in the course of any operation directed towards combating terrorism.]

——————–

1. Inserted by Act No. 29 of 2004 w.e.f. 29-12-2004.

Section 50. Saving

1[Saving. Nothing in this Act shall affect the jurisdiction exercisable by, or the procedure applicable to, any court or other authority under any law relating to the navy, army or air force or other armed forces of the Union.]

——————–

1. Inserted by Act No. 29 of 2004 w.e.f. 29-12-2004.

Section 51. Impounding of passport and arms licence of person charge-sheeted under the Act

1[Impounding of passport and arms licence of person charge-sheeted under the Act. Notwithstanding anything contained in any other law for the time being in force, the passport and the arms licence of a person, who is charge-sheeted for having committed any offence under this Act, shall be deemed to have been impounded for such period as the court may deem fit.]

——————–

1. Inserted by Act No. 29 of 2004 w.e.f. 29-12-2004.

Section 52. Power to make rules

1Power to make rules. (1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act.

(2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:-

(a) the service of notices or orders issued or made under this Act and the manner in which such notices or orders may be served, where the person to be served is a corporation, company, bank or other association;

(b) the procedure to be followed by the Tribunal or a District Judge in holding any inquiry or disposing of any application under this Act;

(d) the procedure for admission and disposal of an application under subsection (3) of Section 36;

(e) the qualifications of the members of the Review Committee under sub-section (2) of Section 37; and

(f) any other matter which is required to be, or may be, prescribed].

——————–

1. Inserted by Act No. 29 of 2004 w.e.f. 29-12-2004.

Section 53. Orders and rules to be laid before both Houses of Parliament

1Orders and rules to be laid before both Houses of Parliament. Every order and every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the order or rule or both Houses agree that the order or rule should not be made, the order or rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that order or rule.

——————–

1. Inserted by Act No. 29 of 2004 w.e.f. 29-12-2004.

Schedule

THE SCHEDULE1

[See Sections 2(l)(m) and 35]

TERRORIST ORGANISATIONS

1. Babbar Khalsa International.

2. Khalistan Commando Force.

3. Khalistan Zindabad Force.

4. International Sikh Youth Federation.

5. Lashkar-e-Taiba/Pasban-e-Ahle Hadis.

6. Jaish-e-Mohammed/Tahrik-e-Furqan.

7. Harkat-ul-Mujahideen/Harkat-ul-Ansar/Harkat-ul-Jehad-e-Islami.

8. Hizb-ul-Mujahideen/Hizb-ul-Mujahideen Pir Panjal Regiment.

9. Al-Umar Mujahideen.

10. Jammu and Kashmir Islamic Front.

11. United Liberation Front of Assam (ULFA).

12. National Democratic Front of Bodoland (NDFB).

13. People’s Liberation Army (PLA).

14. United National Liberation Front (UNLF).

15. People’s Revolutionary Party of Kangleipak (PREPAK).

16. Kangleipak Communist Party (KCP).

17. Kanglei Yaol Kanba Lup (KYKL).

18. Manipur People’s Liberation Front (MPLF),

19. All Tripura Tiger Force.

20. National Liberation Front of Tripura.

21. Liberation Tigers of Tamil Eelam (LTTE).

22. Students Islamic Movement of India.

23. Deendar Anjuman.

24. Communist Party of India (Marxist-Leninist)-People’s War, all its formations and Front Organisations.

25. Maoist Communist Centre (MCC), all its formations and Front Organisations.

26. Al Badr.

27. Jamiat-ul-Mujahideen.

28. AI-Qaida.

29- Dukhtaran-e-Millat (DEM).

30. Tamil Nadu Liberation Army (TNLA).

31. Tamil National Retrieval Troops (TNRT).

32. Akhil Bharat Nepali Ekta Samaj (ABNES)].

——————–

1. Inserted by Act No. 29 of 2004 w.e.f. 29-12-2004.

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