¹[1. Short title, extent and application.--(1) This Act may be called the Unlawful Activities (Prevention) Act, 1967 (37 of 1967).

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(2) It extends to the whole of India.

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(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.

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(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.

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(5) The provisions of this Act apply also to--

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(a) citizens of India outside India;

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(b) persons in the service of the Government, wherever they may be; and

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(c) persons on ships and aircrafts, registered in India, wherever they may be.

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¹[21. Punishment for holding proceeds of terrorism.--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.]

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(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.

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(2) Every such notification shall specify the grounds on which it is issued and such other particulars as the Central Government may consider necessary:

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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.

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(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:

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Provided that if the Central Government is of opinion that circumstances exist which render it necessary for that Government to declare an association to be unlawful with immediate effect, it may, for reasons to be stated in writing, direct that the notification shall, subject to any order that may be made under section 4, have effect from the date of its publication in the Official Gazette.

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(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:—

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(a) by affixing a copy of the notification to some conspicuous part of the office, if any, of the association; or

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(b) by serving a copy of the notification, where possible, on the principal office-bearers, if any, of the association; or

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(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

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(d) in such other manner as may be prescribed.

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(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.

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(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.

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(3) After considering the cause, if any, shown by the association or the office-bearers or members thereof, the Tribunal shall hold an inquiry in the manner specified in section 9 and after calling for such further information as it may consider necessary from the Central Government or from any office-bearer or member of the association, it shall decide whether or not there is sufficient cause for declaring the association to be unlawful and make, as expeditiously as possible and in any case within a period of six months from the date of the issue of the notification under sub-section (1) of section 3, such order as it may deem fit either confirming the declaration made in the notification or cancelling the same.

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(4) The order of the Tribunal made under sub-section (3) shall be published in the Official Gazette.

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(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act.

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(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:—

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(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;

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(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;

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(c) determination of the price of the forfeited property under sub-section (2) of section 28;

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(d) the procedure for admission and disposal of an application under sub-section (3) of section 36;

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(e) the qualifications of the members of the Review Committee under sub-section (2) of section 37; and

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¹[(ee) the time within which sanction for prosecution and recommendation to the Central Government shall be given under sub-section (2) of section 45, and]

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(f) any other matter which is required to be, or may be, prescribed.

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