THE UNLAWFUL ACTIVITIES (PREVENTION) ACT, 1967 – AN OVERVIEW – PART I

[Mr. M. GOVINDARAJAN]

Introduction

The National Integration Council appointed a Committee on National Integration and Regionalization to look into, the aspect of putting reasonable restrictions in the interests of the sovereignty and integrity of India. The agenda of the NIC limited itself to communalism, casteism and regionalism and not terrorism.  Pursuant to the acceptance of recommendations of the Committee, the Constitution (Sixteenth Amendment) Act, 1963 was enacted to impose, by law, reasonable restrictions in the interests of the sovereignty and integrity of India. 

An Act to provide for the more effective prevention of certain unlawful activities of individuals and associations, and for dealing with terrorist activities and for matters connected therewith Ministry of Home Affairs.  Its main objective was to make powers available for dealing with activities directed against the integrity and sovereignty of India.  The provisions of this Act came with effect from 30.12.1967.

Contents

This Act contains VII chapters, 53 sections and 3 schedules.

• Chapter I – Preliminary – Sections 1 and 2;
• Chapter II – Unlawful Associations – Section 3 to 9;
• Chapter III – Offences and Penalties – Section 10 to 14;
• Chapter IV – Punishment for Terrorist Act  Sections 15 to 23;
• Chapter V – Forfeiture of proceeds of terrorism or any property intended to be used for terrorism – Section 24 to 34;
• Chapter VI – Terrorist Organizations – Sections 35 to 40;
• Chapter VII – Miscellaneous – Sections 41 to 53.

The three schedules to this Act are-

• First Schedule – Terrorist Organizations;
• Second Schedule; and
• Third Schedule.

Rules

For the purposes of carrying out the provisions of this Act the following rules were made-

• The Unlawful Activities (Prevention) Rules, 1968
• The Procedure for Admission and Disposal of Application Rules, 2004;
• The Qualifications for the members of the Review Committee Rules, 2004;
• The Unlawful Activities (Prevention) (Recommendation and Sanction of Prosecution) Rules, 2008;
• Investigation of High Quality Counterfeit Indian Currency Offences Rules, 2013

Unlawful Association

Section 2(p) of the Act defines the expression ‘unlawful association’ as any association-

• 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
•  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 any such activity, or of which the members undertake any such activity.

Unlawful activities

Section 2(o) defines the expression ‘unlawful activities’ 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),--

• 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
• which disclaims, questions, disrupts or is intended to disrupt the sovereignty and territorial integrity of India; or
• which causes or is intended to cause disaffection against India.

Unlawful Activities (Prevention) Tribunal

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.   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.

 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, while trying a suit, in respect of the following matters-

• the summoning and enforcing the attendance of any witness and examining him on oath;
• the discovery and production of any document or other material object producible as evidence;
• the reception of evidence on affidavits;
• the requisitioning of any public record from any court or office;
• the issuing of any commission for the examination of witnesses.

Declaration of an association as unlawful

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 specifying the grounds on which it is issued and such other particulars as the Central Government may consider necessary.   The said notification shall have effect after the Tribunal has, by an order confirmed the declaration made therein and the order is published in the Official Gazette.   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.

The said 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.

The said notification shall 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-

•  by affixing a copy of the notification to some conspicuous part of the office, if any, of the association; or
• by serving a copy of the notification, where possible, on the principal office-bearers, if any, of the association; or
• 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
• in such other manner as may be prescribed-

• by making an announcement over the radio from the local or nearest broadcasting station of All India Radio; or
• by pasting the notification on the notice board of the office of the District Magistrate or Tehsildar  at the Headquarters of the District or Tehsil, in which the principal office of the association is situated.

Reference to Tribunal

• Where any association has been declared unlawful by a notification the Central Government shall, within 30 days from the date of the publication of the notification refer the notification to the Tribunal for the purpose of adjudicating whether or not there is sufficient cause for declaring the association unlawful.
• The reference shall be accompanied by-

• a  copy of notification issued by the Central Government; and
• all the facts on which the grounds specified in the said notification are based.

• The Central Government is not required to disclose any fact to the Tribunal which that Government considers against the public interest to disclose.

• On receipt of a reference the Tribunal shall call upon the association affected by notice in writing to show cause, within 30 days from the date of the service of such notice, why the association should not be declared unlawful.
• The show cause notice shall be served on the affected association in such manner as the Tribunal may think fit and all or any of the following modes may be followed by the Tribunal in effecting service of such notice-

• by affixing a copy of the notice to some conspicuous part of the office, if any, of the association; or
• b y serving a copy of the notice, where possible, on the principal office bearers, if any, of the association, by registered post or otherwise ; or
• 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.

•  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 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 6 months from the date of the issue of the notification such order as it may deem fit either confirming the declaration made in the notification or cancelling the same.
• The order of the Tribunal shall be published in the Official Gazette.

Validity of notification

The notification on confirmation by the Tribunal by an order made, shall remain in force for a period of 5 years from the date on which the notification becomes effective.

Cancellation of notification

The Central Government may, either on its own motion or on the application of any person aggrieved, at any time, cancel the notification whether or not the declaration made therein has been confirmed by the Tribunal.

Declared unlawful associations

The following associations are declared as unlawful associations under the provisions of this Act-

• 07.02.2008 – SIMI – Students Islamic Movements of India;
• 20.03.2008 - Deendar Anjuman;
• 14.05.2012 – LTTE – Liberation of Tigers of Tamil Eelam;
• 16.11.2012 - Hynniewtrep National Liberation Council of Meghalaya and its various wings;
• 23.11.2012 - National Democratic Front of Boroland (NDFB);
• 27.11.2012 - United Liberation Front of Asom (ULFA) of Assam alongwith all its factions, wings and front organizations;
• 03.10.2013 - the National Liberation Front of Tripura (NLFT) and the All Tripura Tiger Force (ATTF) of Tripura and their various wings;
• 13.11.2013 - Meitei Extremists Organisations,viz,the Peoples Liberation Army (PLA),the United Revolution Party of Kngleipak Communist Party(KCP) the Kanglei Yaol Kanbalup(KYKL)and the MPLF;
• 28.09.2015 - National Socialist Council of Nagaland (Khaplang);
• 17.11.2016 - Islamic Research Foundation (IRF);
• 28.02.2019 - Jamaat-e-Islami (JeI), Jammu and Kashmir;
• 22.03.2019 - Jammu and Kashmir Liberation Front;

Powers of Central Government

The Central Government has the following powers-

• To prohibit the use of funds of an unlawful association; and
• To notify places used for the purposes of an unlawful association.

Prohibition of funds

If the Central Government is satisfied, after such inquiry as it may think it, 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).

 The Central Government may endorse a copy of the prohibitory order 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.  No information obtained in the course of any investigation shall be divulged by any gazetted officer of the Government, without the consent of the Central Government.

Any person aggrieved by a prohibitory order, may, within 15 days from the date of the service of such order, make an application to the District Court  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.

No information obtained in the course of any investigation shall be divulged by any gazetted officer of the Government, without the consent of the Central Government.

Notification of places

Where an association has been declared unlawful by a notification which has become effective, 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.  The term ‘place’ includes a house or building, or part thereof, or a tent or vessel.

On the issue of a notification the District Magistrate within the local limits of whose jurisdiction such notified place is situate or any officer authorized 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 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.   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.

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.  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.   If any person is in the notified place in contravention of an order, then, without prejudice to any other proceedings which may be taken against him, he may be removed there from by any officer or by any other person authorized in this behalf by the Central Government.

 Any person aggrieved by a notification issued in respect of a place may, within 30 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-

• for declaration that the place has not been used for the purpose of the unlawful association; or
•  for setting aside the order.

On receipt of the application the Court of the District Judge shall, after giving the parties an opportunity of being heard, decide the question.

Penalty

Member of association

Where an association is declared unlawful by a notification issued which has become effective-

• a person, who-

•  is and continues to be a member of such association; or
•  takes part in meetings of such association; or
• contributes to, or receives or solicits any contribution for the purpose of, such association; or
• in any way assists the operations of such association,

shall be punishable with imprisonment for a term which may extend to 2 years, and shall also be liable to fine; and

• 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,-

• 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;
• in any other case, shall be punishable with imprisonment for a term which shall not be less than 5 years but which may extend to imprisonment for life, and shall also be liable to fine.

Dealing with funds of unlawful association

If any person on whom a prohibitory order has been served 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 3 years, or 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.

Contravention of order made in respect of a notified place

Whoever uses any article in contravention of a prohibitory order in respect thereof made shall be punishable with imprisonment for a term which may extend to 1 year, and shall also be liable to fine.  Whoever knowingly and willfully is in, or effects or attempts to effect entry into, a notified place in contravention of an order made shall be punishable with imprisonment for a term which may extend to 1 year, and shall also be liable to fine.

Punishment for unlawful activities

Whoever takes part in or commits, or 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.

Whoever, in any way, assists any unlawful activity of any association, declared unlawful, after the notification by which it has been so declared has become effective shall be punishable with imprisonment for a term which may extend to 5 years, or with fine, or with both.

An offence punishable under this Act shall be cognizable. For prosecution under section 13 of the UAPA, the permission of the Ministry of Home Affairs (MHA) is required.