• Bare Act: Unlawful Activities (Prevention) Act, 1967

  • Bare Act: Unlawful Activities (Prevention) Act, 1967

  • 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. Short title, extent and application.-(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.

    *[Substituted by Unlawful Activities (Prevention) Amendment Act, 2004, section, 4]

    *[2. Definitions.-(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 and **[includes a Special Court constituted under section 11 or under section 21 of the National Investigation Agency Act, 2008];

    (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;

    **[(ea) "Order" means the Prevention and Suppression of Terrorism (Implementation of Security Council Resolutions) Order, 2007, as may be amended from time to time;]

    (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 **[or terrorist gang];

    ***[(h) "property" means property and assets of every description whether corporeal or incorporeal, movable or immovable, tangible or intangible and legal documents, deeds and instruments in any form including electronic or digital, evidencing title to, or interest in, such property or assets by means of bank credits, travellers' cheques, bank cheques, money orders, shares, securities, bonds, drafts, letters of credit, cash and bank account including fund, however acquired;

    **[(ha) "Schedule" means the Schedule to this Act;']

    (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.'.

    *[Substituted by Unlawful Activities (Prevention) Amendment Act, 2004, section, 4]

    **[Inserted by Unlawful Activities (Prevention) Amendment Act, 2008]

    ***[Substituted by Unlawful Activities (Prevention) Amendment Act, 2008.

    CHAPTER-II: UNLAWFUL ASSOCIATIONS

    3. Declaration of an Association as unlawful .- (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.

    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.

    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;
    (c) The reception of evidence on affidavits;
    (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 195 and *[Chapter XXVI] of the *[Code].

    *[Modified by Unlawful Activities (Prevention) Amendment Act, 2004., section 3 & 5]

    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.

    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 *[Code] 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.
    *[Modified by Unlawful Activities (Prevention) Amendment Act, 2004., section 3 & 5]

    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) (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.

    CHAPTER III: OFFENCES AND PENALTIES

    10. Penalty for being member of an unlawful association, etc.-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."

    *[Substituted by Unlawful Activities (Prevention) Amendment Act, 2004, section, 6]

    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 *[Code], 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.
    *[Modified by Unlawful Activities (Prevention) Amendment Act, 2004., section 3 & 5]

    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.

    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.

    14. Offences to be cognizable. -Notwithstanding anything contained in the *[Code] an offence punishable under this Act shall be cognizable.
    *[Modified by Unlawful Activities (Prevention) Amendment Act, 2004., section 3]

    CHAPTER IV: PUNISHMENT FOR TERRORIST ACTIVITIES

    *[15. Terrorist act. -Whoever does any act with intent to threaten or likely to threaten the unity, integrity, security or sovereignty of India or with intent to strike terror or likely to strike terror in the people or any section of the people in India or in any foreign country,-

    (a) by using bombs, dynamite or other explosive substances or inflammable substances or firearms or other lethal weapons or poisonous or noxious gases or other chemicals or by any other substances (whether biological radioactive, nuclear or otherwise) of a hazardous nature or by any other means of whatever nature to cause or likely to cause-

    (i) death of, or injuries to, any person or persons; or

    (ii) loss of, or damage to, or destruction of, property; or

    (iii) disruption of any supplies or services essential to the life of the community in India or in any foreign country; or

    (iv) damage or destruction of any property in India or in a foreign country used or intended to be used for the defence of India or in connection with any other purposes of the Government of India, any State Government or any of their agencies; or

    (b) overawes by means of criminal force or the show of criminal force or attempts to do so or causes death of any public functionary or attempts to cause death of any public functionary; or

    (c) detains, kidnaps or abducts any person and threatens to kill or injure such person or does any other act in order to compel the Government of India, any State Government or the Government of a foreign country or any other person to do or abstain from doing any act, commits a terrorist act.

    Explanation.-For the purpose of this section, public functionary means the constitutional authorities and any other functionary notified in the Official Gazette by the Central Government as a public functionary."

    *[Chapter IV was substituted with new Chapters and Section 15 inserted by Unlawful Activities (Prevention) Amendment Act, 2004, section, 7 and further substituted by Unlawful Activities (Prevention) Amendment Act, 2008, section 4]

    *[16. 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.

     *[Chapter IV was substituted with new Chapters and Section 16 inserted by Unlawful Activities (Prevention) Amendment Act, 2004, section, 7]

    *[17. Punishment for raising funds for terrorist act. -Whoever, in India or in a foreign country, directly or indirectly, raises or collects funds or provides funds to any person or persons or attempts to provide funds to any person or persons, knowing that such funds are likely to be used by such person or persons to commit a terrorist act, notwithstanding whether such funds were actually used or not for commission of such 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.

    *[Chapter IV was substituted with new Chapters and Section 17 inserted by Unlawful Activities (Prevention) Amendment Act, 2004, section, 7. 
    Section 17 further substituted by Unlawful Activities (Prevention) Amendment Act, 2008, section 6]

    *[18. Punishment for conspiracy, etc.-Whoever conspires or attempts to commit, or advocates, abets, advises or *[incites, directs 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.

     *[Chapter IV was substituted with new Chapters and Section 18 inserted by Unlawful Activities (Prevention) Amendment Act, 2004, section, 7, and further amended by Unlawful Activities (Prevention) Amendment Act, 2008, section 7]

    *[18A. Punishment for organising of terrorist camps. -Whoever organises or causes to be organised any camp or camps for imparting training in terrorism 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. 

    *[Inserted by Unlawful Activities (Prevention) Amendment Act, 2008, section 8]

    *[18B. Punishment for recruiting of any person or persons for terrorist act..- Whoever recruits or causes to be recruited any person or persons for 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.

    *[Inserted by Unlawful Activities (Prevention) Amendment Act, 2008, section 8]

    *[19. 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.

    *[Chapter IV was substituted with new Chapters and Section 19 inserted by Unlawful Activities (Prevention) Amendment Act, 2004, section, 7]

    *[20. Punishment for being member of terrorist gang or organization.-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.

    *[Chapter IV was substituted with new Chapters and Section 20 inserted by Unlawful Activities (Prevention) Amendment Act, 2004, section, 7]

    *[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.

    *[Chapter IV was substituted with new Chapters and Section 22 inserted by Unlawful Activities (Prevention) Amendment Act, 2004, section, 7]

    CHAPTER V: FORFEITURE OF PROCEEDS OF TERRORISM [inserted by Unlawful Activities (Prevention) Amendment Act, 2004]

    *[24. 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 *[terrorist organisation or terrorist gang 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.

    *[Chapter IV was substituted with new Chapters and Section 24 inserted by Unlawful Activities (Prevention) Amendment Act, 2004, section, 7, further amended by Unlawful Activities (Prevention) Amendment Act, 2008, section 10]

    *[25. Powers 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;

    (c) traveller's cheques;

    *[(ca) credit or debit cards or cards that serve a similar purpose;"]

    (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. 

    *[Chapter IV was substituted with new Chapters and Section 25 inserted by Unlawful Activities (Prevention) Amendment Act, 2004, section, 7, Clause (ca) to Explanation inserted by Unlawful Activities (Prevention) Amendment Act, 2008, section 11]

     *[26. 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.

    *[Chapter IV was substituted with new Chapters and Section 26 inserted by Unlawful Activities (Prevention) Amendment Act, 2004, section, 7]

    *[27. 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 (1), 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,-

    (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.

     *[Chapter IV was substituted with new Chapters and Section 27 inserted by Unlawful Activities (Prevention) Amendment Act, 2004, section, 7]

    *[28. 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.

    *[29. Order for 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.

     *[Chapter IV was substituted with new Chapters and Section 29 inserted by Unlawful Activities (Prevention) Amendment Act, 2004, section, 7]

    *[31. 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.

     *[Chapter IV was substituted with new Chapters and Section 31 inserted by Unlawful Activities (Prevention) Amendment Act, 2004, section, 7]

    *[32. 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.

    *[Chapter IV was substituted with new Chapters and Section 32 inserted by Unlawful Activities (Prevention) Amendment Act, 2004, section, 7]

    *[34. Company to transfer shares to Government.-Where any share in a company stand 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.

    *[Chapter IV was substituted with new Chapters and Section 34 inserted by Unlawful Activities (Prevention) Amendment Act, 2004, section, 7]

    CHAPTER VI: TERRORIST ORGANISATIONS

    *[36. Denotification of a terrorist organization.-(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.

    *[Chapter IV was substituted with new Chapters and Section 36 inserted by Unlawful Activities (Prevention) Amendment Act, 2004, section, 7]

    *[37. 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.

    *[Chapter IV was substituted with new Chapters and Section 37 inserted by Unlawful Activities (Prevention) Amendment Act, 2004, section, 7]

    *[38. Offence relating to membership of a terrorist organization.-(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.

    *[40. Offence of raising fund for a terrorist organization.-(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.

    *[Chapter IV was substituted with new Chapters and Section 40 inserted by Unlawful Activities (Prevention) Amendment Act, 2004, section, 7]

    CHAPTER VII: MISCELLANEOUS

    *[41. 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.

    *[Chapter IV was substituted with new Chapters and Section 41 inserted by Unlawful Activities (Prevention) Amendment Act, 2004, section, 7]

    *[43. Officers competent to investigate offences under Chapter 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.

    *[Chapter IV was substituted with new Chapters and Section 43 inserted by Unlawful Activities (Prevention) Amendment Act, 2004, section, 7]

    *[43A. Power to arrest, search, etc. - Any officer of the Designated Authority empowered in this behalf, by general or special order of the Central Government or the State Government, as the case may be, knowing of a design to commit any offence under this Act or has reason to believe from personal knowledge or information given by any person and taken in writing that any person has committed an offence punishable under this Act or from any document, article or any other thing which may furnish evidence of the commission of such offence or from any illegally acquired property or any document or other article which may furnish evidence of holding any illegally acquired property which is liable for seizure or freezing or forfeiture under this Chapter is kept or concealed in any building, conveyance or place, may authorise any officer subordinate to him to arrest such a person or search such building, conveyance or place whether by day or by night or himself arrest such a person or search a such building, conveyance or place.

    *[43B. Procedure of arrest, seizure, etc. - (1) Any officer arresting a person under section 43A shall, as soon as may be, inform him of the grounds for such arrest.

    (2) Every person arrested and article seized under section 43A shall be forwarded without unnecessary delay to the officer-in-charge of the nearest police station.

    (3) The authority or officer to whom any person or article is forwarded under sub-section (2) shall, with all convenient dispatch, take such measures as may be necessary in accordance with the provisions of the Code.

     *[Inserted by Unlawful Activities (Prevention) Amendment Act, 2008, section, 12]

    *[43C. Application of provisions of Code. - The provisions of the Code shall apply, insofar as they are not inconsistent with the provisions of this Act, to all arrests, searches and seizures made under this Act.

    *[Inserted by Unlawful Activities (Prevention) Amendment Act, 2008, section, 12]

    *[43E. Presumption as to offence under section 15. - In a prosecution for an offence under section 15, if it is proved –

    (a) that the arms or explosives or any other substances specified in the said section were recovered from the possession of the accused and there is reason to believe that such arms or explosives or other substances of a similar nature were used in the commission of such offence; or

    (b) that by the evidence of the expert the finger-prints of the accused or any other definitive evidence suggesting the involvement of the accused in the offence were found at the site of the offence or on anything including arms and vehicles used in connection with the commission of such offence, the Court shall presume, unless the contrary is shown, that the accused has committed such offence.

    *[Inserted by Unlawful Activities (Prevention) Amendment Act, 2008, section, 12]

    *[43F. Obligation to furnish information. - (1) Notwithstanding anything contained in any other law, the officer investigating any offence under this Act, with the prior approval in writing of an officer not below the rank of a Superintendent of Police, may require any officer or authority of the Central Government or a State Government or a local authority or a bank, or a company, or a firm or any other institution, establishment, organisation or any individual to furnish information in his or its possession in relation to such offence, on points or matters, where the investigating officer has reason to believe that such information will be useful for, or relevant to, the purposes of this Act.

    (2) The failure to furnish the information called for under sub-section (1), or deliberately furnishing false information shall be punishable with imprisonment for a term which may extend to three years or with fine or with both.

    (3) Notwithstanding anything contained in the Code, an offence under sub-section (2) shall be tried as a summary case and the procedure prescribed in Chapter XXI of the said Code [except sub-section (2) of section 262] shall be applicable thereto.'.

    *[Inserted by Unlawful Activities (Prevention) Amendment Act, 2008, section, 12]

    *[44. 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;

    (c) the issuing of any directions for securing that the identity and address of the witness are not disclosed;

    (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 sub-section (3) shall be punishable with imprisonment for a term which may extend to three years, and shall also be liable to fine. 

    *[Chapter IV was substituted with new Chapters and Section 44 inserted by Unlawful Activities (Prevention) Amendment Act, 2004, section, 7]

      *[45. Cognizance of offences.-(1) 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.

    *[(2) Sanction for prosecution under sub-section (1) shall be given within such time as may be prescribed only after considering the report of such authority appointed by the Central Government or, as the case may be, the State Government which shall make an independent review of the evidence gathered in the course of investigation and make a recommendation, within such time as may be prescribed, to the Central Government or, as the case may be, the State Government.

    *[Chapter IV was substituted with new Chapters and Section 45 inserted by Unlawful Activities (Prevention) Amendment Act, 2004, section, 7, further renumbered and sub-clause (2) inserted by Unlawful Activities (Prevention) Amendment Act, 2008, section, 13 ]

    *[47. 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. 

    *[Chapter IV was substituted with new Chapters and Section 47 inserted by Unlawful Activities (Prevention) Amendment Act, 2004, section, 7]

    *[51. Impounding of passport and arms licence of person chargesheeted 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.

    *[Chapter IV was substituted with new Chapters and Section 51 inserted by Unlawful Activities (Prevention) Amendment Act, 2004, section, 7]

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