THE UNLAWFUL ACTIVITIES (PREVENTION) ACT, 1967 ( U A P A)

THE UNLAWFUL ACTIVITIES (PREVENTION) ACT, 1967
 ACT NO. 37 OF 1967
 [30th December, 1967.]
 An Act to provide for the more effective prevention of certain
 unlawful activities of individuals and associations and for matters
 connected therewith.
 BE it enacted by Parliament in the Eighteenth Year of the
 Republic of India as follows:-
 CHAP
 PRELIMINARY
 CHAPTER I
 PRELIMINARY
 1.
 Short title and extent.
 1. (1) Short title and extent. This Act may be called the
 Unlawful Activities (Prevention) Act, 1967.
 1*[(2) It extends to the whole of India:
 Provided that it shall come into force in the State of Jammu and
 Kashmir on such date as the Central Government may, by notification in
 the Official Gazette, appoint.]
 2.
 Definitions.
 2. Definitions. 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) "prescribed" means prescribed by rules made under this
 Act;
 (d) "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 ;
 (e) "Tribunal" means the Tribunal constituted under section
 5;
 (f) "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;
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 1 Subs. by Act 24 of 1969, s. 2, for sub-section (2).
 The Act comes into force in the State of Jammu and Kashmir on
 1.9.1969, vide Notifn. No. G.S.R. 2098, dated 30.8.1969, Gazette of
 India, Exty., Part II, Sec. 3(i), page 615.
 ----------------------------------------------------------------------
 764
 (ii)which disclaims, questions, disrupts or is intended to
 disrupt the sovereignty and territorial integrity of India ;
 1*[(g) "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 underta-
 ke 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.]  2A.
 Construction of references to laws not in force in Jammu and Kashmir.
 2*[2A.Construction of reference to laws not in force in Jammu and
 Kashmir. Any reference in this Act to a law which is not in force in
 the "State of Jammu and Kashmir shall, in relation to that State, be
 construed as a reference to the corresponding law, if any, in force in
 that State.]
 CHAP
 UNLAWFUL ASSOCIATIONS
 CHAPTER II
 UNLAWFUL ASSOCIATIONS
 3.
 Declaration of an association as unlawful.
 3.Declaration of an association as unlawful. (1) If the Central
 Government is of opinion that any association is, or has become, an
 unlawful association, it may, by notification in the Official Gazette,
 declare such association to be unlawful.
 (2) Every such notification shall specify the grounds on which
 it is issued and such other particulars as the Central Government may
 consider necessary:
 Provided that nothing in this sub-section 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,
 ----------------------------------------------------------------------
 1 Subs. by Act 31 of 1972, s. 4, for cl. (g).
 2 Ins. by Act 24 of 1969, s. 3.  ----------------------------------------------------------------------
-
 765
 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 modes 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
 loudspeakers, the contents of the notification in the 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.
 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 the 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 notification or cancelling the same.
 766
 (4) The order of the Tribunal made under sub-section (3) shall
 be published in the Official Gazette.
 5.
 Tribunal.
 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 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 ab-
 sence) 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 expenses 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
 767
 the Indian Penal Code (45 of 1860) and the Tribunal shall be deemed
 to be a civil court for the purposes of section 195 and Chapter XXXV
 of the Code of Criminal Procedure, 1898 (5 of 1898).
 6.
 Period of operation and cancellation of notification.
 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 founds of an unlawful association.
 7. Power to prohibit the use of founds 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 satis-
 fied, 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 sub-
 section (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 whereunder 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 of Criminal Procedure, 1898 (5of
1898),
 for
 768
 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 moneys, 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 pro-
 ceedings 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 whereunder any person obtains a legal right to the payment of
 money.
 8.
 Power to notify places for the purpose of an unlawful association.
 8. Power to notify places 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-apparel, cooking vessels, beds and beddings, tools of
 artisans, implements of husbandry, cattle, grain and foodstuffs 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.
 769
 (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 unlaw-
 ful 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 an 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 a sub-inspector,
 or any other person authorised in this behalf by the Central Govern-
 ment may search any person entering, or seeking to enter, or being on
 or in, the notified place and may detain 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 be removed
 therefrom by any officer or by any other person authorised in this
 behalf by the Central Government.
 (8) Any person aggrieved by a notification issued in respect of
 a place under sub-section (1) or by an order made under sub-section
 (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 jurisdic-
 tion 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 sub-section (3)
 or sub-section (4),
 770
 and on receipt of the application the Court of the District Judge
 shall, after giving the parties an opportunity of being heard, decide
 the question.
 9.
 Procedure to be followed in the disposal of applications under
thisAct.
 9. Procedure to be followed in the disposal of applications
 under this Act. Subject to any rules that may be made under this Act,
 the procedure to be followed by the Tribunal in holding any inquiry
 under sub-section (3) of section 4 or by a Court of the District
 Judge in disposing of any application under sub-section (4) of section
 7 or sub-section (8) of section 8 shall, so far as may be, be the
 procedure laid down in the Code of Civil Procedure, 1908 (5 of 1908),
 for the investigation of claims and the decision of the Tribunal or  the Court of the District Judge, as the case may be, shall be final.
 CHAP
 OFFENCES AND PENALTIES
 CHAPTER III
 OFFENCES AND PENALTIES
 10.
 Penalty for being members of an unlawful association.
 10. Penalty for being members of an unlawful association.
 Whoever is and continues to be a member of an association declared
 unlawful by a notification issued under section 3 which has become
 effective under sub-section (3) of that section, or takes part in
 meetings of any such unlawful association, or contributes to, or
 receives or solicits any contribution for the purpose of, any such un-
 lawful association, or in any way assists the operations of any such
 unlawful association, shall be punishable with imprisonment for a term
 which may extend to two years, and shall also be liable to fine.
 11.
 Penalty for dealing with funds of an unlawful association.
 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, or with fine, or with both, and notwithstanding anything
 contained in the Code of Criminal Procedure, 1898 (5 of 1898), the
 court trying such contravention may also impose on the person
 convicted an additional fine to recover from him the amount of the
 moneys or credits or the market value of the securities in respect of
 which the prohibitory order has been contravened or such part thereof
 as the court may deem fit.
 12.
 Penalty for contravention of an order made in respect of
notifiedplace.
 12. Penalty for contravention of an order made in respect of not-  ified place.(1) Whoever uses any article in contravention of a
prohibi-
 tory order in respect thereof made under sub-section (3) of section 8
 771
 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 sub-section (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.
 13. Punishment for unlawful activities. (1) Whoever-
 (a) takes part in or commits, or
 (b) advocates abets, advises 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 subsection
 (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.
 14. Offences to be cognizable. Notwithstanding anything
 contained in the Code of Criminal Procedure, 1898 (5 of 1898), an
 offence punishable under this Act shall be cognizable.  CHAP
 MISCELLANEOUS
 CHAPTER IV
 MISCELLANEOUS
 15.
 Continuance of association.
 15. 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.
 772
 16.
 Bar of jurisdiction.
 16. Bar of jurisdiction. 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 court in any suit or application or by way of appeal
 or revision, and no injunction shall be granted by any 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.
 17.
 Prosecution for offences under this Act.
 17. Prosecution for offences under this Act. No court shall
 take cognizance of any offence punishable under this Act except with
 the previous sanction of the Central Government or any officer
 authorised by the Central Government in this behalf.
 18.  Protection of action taken in good faith.
 18. Protection of action taken in good faith.(1) No suit or other
 legal proceeding shall lie against the Government in respect of any
 loss or damage caused or likely to be caused by anything which is in
 good faith done or intended to be done in pursuance of this Act or any
 rules or orders made thereunder.
 (2)No suit, prosecution or other legal proceeding shall lie
 against the District Magistrate or any officer authorised in this
 behalf by the Government or the District Magistrate in respect of
 anything which is in good faith done or intended to be done in
 pursuance of this Act or any rules or orders made thereunder.
 19.
 Power to delegate.
 19. Power to delegate. The Central Government may, by
 notification in the Official Gazette, direct that all or any of the
 powers which may be exercised by it under section 7, or section 8, or
 both, shall, in such circumstances and under such conditions, if any,
 as may be specified in the notification, be exercised also by any
 State Government and the State Government may, with the previous
 approval of the Central Government, by order in writing direct that
 any power which has been directed to be exercised by it shall, in such
 circumstances and under such conditions, if any, as may be specified
 in the direction, be exercised by any person subordinate to the State
 Government as may be specified therein.
 20.
 Effect of Act and rules, etc., inconsistent with other enactments.
 20. Effect of Act and rules, etc., inconsistent with other
 enactments.The provisions of this Act or any rule or order made there-
 under shall have effect notwithstanding anything inconsistent there-
 with 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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 21.
 Power to make rules.  21. (1) Power to make rules. The Central Government may, by
 notification in the Official Gazette, make rules to carry out the
 purposes of this Act.
 (2) In particular, and without prejudice to the generality of
 the foregoing power, 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) any other matter which has to be, or may be,
 prescribed.
 (3) Every rule made by the Central Government under this section
 shall be laid, as soon as may be after it is made, before each House
 of Parliament while it is in session for a 1*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 the rule or both Houses agree that
the
 rule should not be made, the 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 rule.
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 1 Subs. by Act 4 of 1986, s.2 & Sch. (w.e.f.15.5.1986)
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