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The Unlawful Activities (Prevention)
Amendment Ordinance, 2004
After the Prevention of Terrorism Act, 2002,
was repealed through an Ordinance, the President of India, on September
21, 2004, promulgated an Ordinance to amend the Unlawful Activities
(Prevention) Act, 1967. Presented below is the full text of the
Ordinance: |
THE UNLAWFUL ACTIVITIES (PREVENTION)
AMENDMENT ORDINANCE, 2004
Promulgated by the President in the Fifty-fifth
Year of the Republic of India.
An Ordinance further to amend the Unlawful
Activities (Prevention) Act, 1967.
WHEREAS
Parliament is not in session and the President is satisfied that circumstances
exist which render it necessary for him to take immediate action;
NOW, THEREFORE,
in exercise of the powers conferred by clause (1) of article 123 of
the Constitution, the President is pleased to promulgate the following
Ordinance:-
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1. (1)
This Ordinance may be called the Unlawful Activities (Prevention)
Amendment Ordinance, 2004.
(2) It shall come into force at
once.
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Short title and commencement.
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37 of 1967.
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2. In
the Unlawful Activities (Prevention) Act, 1967 (hereinafter referred
to as the principal Act), in the long title, after the word "associations",
the words ", and for dealing with terrorist activities,"
shall be inserted.
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Amendment of long title.
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3. In
the principal Act, for the words and figures "Code of Criminal
Procedure, 1898", wherever they occur, the word "Code"
shall be substituted.
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Substitution of word "Code" for "Code
of Criminal Procedure, 1898".
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Short title, extent and application.
Definitions.
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4. In
Chapter I of the principal Act, for sections 1, 2 and 2A, the
following sections shall be substituted, namely:-
‘1. (1) This Act may
be called the Unlawful Activities (Prevention) Act, 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.
2. (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;
(d) "court" means a criminal
court having jurisdiction, under the Code, to try offences under
this Act;
(e) "Designated Authority" means such
officer of the Central Government not below the rank of Joint
Secretary to that Government, or such officer of the State Government
not below the rank of Secretary to that Government, as the case
may be, as may be specified by the Central Government or the
State Government, by a 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 disaffect-ion 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, 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.’.
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Amendment of Chapter I.
2 of 1974.
45 of 1860.
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Amendment of section 5.
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5. In
section 5 of the principal Act, in sub-section (7), for the word
and figures "Chapter XXXV", the word and figures "Chapter
XXVI" shall be substituted.
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Substitution of new section for section 10.
Penalty for being member of an unlawful association,
etc.
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6. For
section 10 of the principal Act, the following section shall be
substituted, namely:-
"10. 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 contri-bution 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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7. For
Chapter IV of the principal Act, the following Chapters and the
Schedule shall be substituted, namely:-
‘CHAPTER IV
PUNISHMENT FOR
TERRORIST ACTIVITIES
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Substitution of new Chapters and Schedule for
Chapter IV.
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15. 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 State 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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Terrorist act.
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Punishment for harbouring, etc.
Punishment for being member of terrorist gang
or organisation.
Punishment for holding proceeds of terrorism.
Punishment for threatening witness.
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16. (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.
17. 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.
18. 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.
19. 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.
20. 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.
21. 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.
22. 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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Punishment for terrorist act.
Punishment for raising fund for
terrorist act.
Punishment for conspiracy, etc .
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Enhanced penalties.
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23. (1) If any
person with intent to aid any terrorist contravenes any provision
of, or any rule made under the Explosives Act, 1884 or the Explosive
Substances Act, 1908 or the Inflammable Substances Act, 1952 or
the Arms Act, 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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4 of 1884.
6 of 1908.
20 of 1952.
54 of 1959.
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CHAPTER V
FORFEITURE OF
PROCEEDS OF TERRORISM
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24. (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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Forfeiture of proceeds of terrorism.
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25. (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;
(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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Powers of investigating officer and Designated
Authority and appeal against order of Designated Authority.
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Court to order forfeiture of proceeds of terrorism.
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26. 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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Issue of show cause notice before forfeiture of
proceeds of terrorism.
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27. (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 the 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.
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Appeal.
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28. (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.
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29. 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.
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Order of forfeiture not to interfere with other
punishments.
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30. (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.
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Claims by third party.
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31. 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.
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Powers of Designated Authority.
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32. 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.
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Certain transfers to be null and
void.
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33. (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.
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Forfeiture of property of certain persons.
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Company to transfer shares to Government.
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34. 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, 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.
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1 of 1956.
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CHAPTER VI
TERRORIST ORGANISATIONS
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Amendment of Schedule, etc.
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35. (1) The Central
Government may, by order, in the Official Gazette,—
(a) add an organisation in the Schedule;
(b) add also an organisation
in 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;
(c) remove an organisation from the
Schedule;
(d) amend the Schedule in some other
way.
(2) The Central Government
shall exercise its power under clause (a) of sub-section
(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
(c) promotes or encourages terrorism,
or
(d) is otherwise involved in terrorism.
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Denotification of a terrorist organisation.
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36. (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 rejection
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.
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37. (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.
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Review Committees.
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38. (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.
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Offence relating to membership of a terrorist
organisation.
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39. (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.
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Offence relating to support given to a terrorist
organisation.
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Offence of raising fund for a terrorist organisation.
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40. (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.
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CHAPTER VII
MISCELLANEOUS
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41. 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.
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Continuance of association.
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42. 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.
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Power to delegate.
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25 of 1946.
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43. 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, 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 Chapter VI.
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Officers competent to investigate offences under
Chapters IV and VI.
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44. (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.
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Protection of witnesses.
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Cognizance of offences.
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45. 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 Chapter IV
or Chapter 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.
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Admissibility of evidence collected through the
interception of communications.
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46. Notwithstanding anything
contained in the Indian Evidence Act, 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 or the Information Technology
Act, 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.
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1 of 1872.
13 of 1885.
21 of 2000.
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Bar of jurisdiction.
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47. (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.
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48. 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.
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Effect of Act and rules, etc., inconsistent with
other enactments.
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49. 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 para-military 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.
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Protection of action taken in good faith.
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50. 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.
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Saving.
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51. 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.
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Impounding of passport and arms licence of person
charge-sheeted under the Act.
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52. (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;
(c) determination of
the price of the forfeited property under sub-section (2)
of section 28;
(d) the procedure for
admission and disposal of an application under sub-section (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.
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Power to make rules.
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Orders and rules to be laid before both Houses
of Parliament.
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53. 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.
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THE SCHEDULE
[See sections 2(1)(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-MUJAHIDDEN.
28. AL-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).’.
President.
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Source: Official
Website of the Ministry of Law & Justice, Government of India,
New Delhi
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