The Unlawful Activities (Prevention) Act, 1967

1[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 theprovisions 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 bedealt with according to the provisions of this Act in the same manner as if such act had been committed inIndia. (5) The provisions of this Act apply also to-- (a) citizens of India outside India; (b) persons in the service of the Government, wherever they may be; and (c) persons on ships and aircrafts, registered in India, wherever they may be.

(1) In this Act, unless the context otherwise requires,-- (a) association means any combination or body of individuals; (b) cession of a part of the territory of India includes admission of the claim of any foreigncountry 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 thisAct 1[and includes a Special Court constituted under section 11 or under 2[section 22] of the NationalInvestigation Agency Act, 2008]; (e) Designated Authority means such officer of the Central Government not below the rank ofJoint Secretary to that Government, or such officer of the State Government not below the rank ofSecretary to that Government, as the case may be, as may be specified by the Central Government orthe State Government, by notification published in the Official Gazette; 3[(ea) economic security includes financial, monetary and fiscal stability, security of means of production and distribution, food security, livelihood security, energy security, ecological andenvironmental security;] 1[4[(eb) Order means the Prevention and Suppression of Terrorism (Implementation of Security Council Resolutions) Order, 2007, as may be amended from time to time;] 2[(ec) person includes-- (i) an individual, (ii) a company, (iii) a firm, (iv) an organisation or an association of persons or a body of individuals, whetherincorporated or not, (v) every artificial juridical person, not falling within any of the preceding sub-clauses, and (vi) any agency, office or branch owned or controlled by any person falling within any of thepreceding sub-clauses;] (f) prescribed means prescribed by rules made under this Act; 5[(g) proceeds of terrorism means,-- (i) all kinds of properties which have been derived or obtained from commission of anyterrorist act or have been acquired through funds traceable to a terrorist act, irrespective of personin whose name such proceeds are standing or in whose possession they are found; or (ii) any property which is being used, or is intended to be used, for a terrorist act or for thepurpose of an individual terrorist or a terrorist gang or a terrorist organisation. Explanation.--For the purposes of this Act, it is hereby declared that the expressionproceeds of terrorism includes any property intended to be used for terrorism;] 6[(h) property means property and assets of every description whether corporeal or incorporeal, movable or immovable, tangible or intangible and legal documents, deeds and 7[ instruments in any form including but not limited to] 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 8[a Schedule] to this Act;] (i) secession of a part of the territory of India from the Union includes the assertion of anyclaim 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 terrorismand terrorist shall be construed accordingly; (l) terrorist gang means any association, other than terrorist organisation, whether systematic orotherwise, which is concerned with, or involved in, terrorist act; (m) terrorist organisation means an organisation listed in the 9[First Schedule] or anorganisation 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 suchindividual or association (whether by committing an act or by words, either spoken or written, or bysigns or by visible representation or otherwise),-- (i) which is intended, or supports any claim, to bring about, on any ground whatsoever, thecession of a part of the territory of India or the secession of a part of the territory of India fromthe Union, or which incites any individual or group of individuals to bring about such cession orsecession; or (ii) which disclaims, questions, disrupts or is intended to disrupt the sovereignty andterritorial 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 toundertake 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 (45 of 1860)or section 153B of the Indian Penal Code, or which encourages or aids persons to undertake anysuch 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 themeanings 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 inwhich such enactment or such provision is not in force, be construed as a reference to the correspondinglaw or the relevant provision of the corresponding law, if any, in force in that area.]

(1) If the Central Government is of opinion that anyassociation 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 particularsas the Central Government may consider necessary: Provided that nothing in this sub-section shall require the Central Government to disclose any factwhich 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 itnecessary for that Government to declare an association to be unlawful with immediate effect, it may, forreasons to be stated in writing, direct that the notification shall, subject to any order that may be madeunder 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 innot less than one daily newspaper having circulation in the State in which the principal office, if any, ofthe association affected is situated, and shall also be served on such association in such manner as theCentral Government may think fit and all or any of the following modes may be followed in effectingsuch service, namely: (a) by affixing a copy of the notification to some conspicuous part of the office, if any, of theassociation; 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 loudspeakers, the contents of the notificationin the area in which the activities of the association are ordinarily carried on; or (d) in such other manner as may be prescribed.

(1) Where any association has been declared unlawful by a notificationissued under sub-section (1) of section 3, the Central Government shall, within thirty days from the dateof the publication of the notification under the said sub-section, refer the notification to the Tribunal forthe 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 the associationaffected 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 membersthereof, the Tribunal shall hold an inquiry in the manner specified in section 9 and after calling for suchfurther information as it may consider necessary from the Central Government or from any office-beareror member of the association, it shall decide whether or not there is sufficient cause for declaring theassociation to be unlawful and make, as expeditiously as possible and in any case within a period of sixmonths from the date of the issue of the notification under sub-section (1) of section 3, such order as itmay deem fit either confirming the declaration made in the notification or cancelling the same. (4) The order of the Tribunal made under sub-section (3) shall be published in the Official Gazette.

(1) The Central Government may, by notification in the Official Gazette, constitute, asand when necessary, a tribunal to be known as the "Unlawful Activities (Prevention) Tribunal" consistingof one person, to be appointed by 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 presidingofficer of the Tribunal, then, the Central Government shall appoint another person in accordance with theprovisions of this section to fill the vacancy and the proceedings may be continued before the Tribunalfrom the stage at which the vacancy is filled. (3) The Central Government shall make available to the Tribunal such staff as may be necessary forthe discharge of its functions under this Act. (4) All expenses incurred in connection with the Tribunal shall be defrayed out of the ConsolidatedFund of India. (5) Subject to the provisions of section 9, the Tribunal shall have power to regulate its own procedurein all matters arising out of the discharge of its functions including the place or places at which it willhold its sittings. (6) The Tribunal shall, for the purpose of making an inquiry under this Act, have the same powers asare vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit, inrespect 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 asevidence; (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 themeaning of sections 193 and 228 of the Indian Penal Code (45 of 1860) and the Tribunal shall be deemedto be a civil court for the purposes of section 195 and 1[Chapter XXVI] of the 2[Code].