UAPA Act 1967, Unlawful Activities Prevention Act

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 dealing with terrorist activities,] and for matters connected therewith.
WHEREAS the Security Council of the United Nations in its 4385th meeting adopted Resolution 1373 (2001) on 28th September, 2001, under Chapter VII of the Charter of the United Nations requiring all the States to take measures to combat international terrorism;

AND WHEREAS Resolutions 1267 (1999), 1333 (2000), 1363 (2001), 1390 (2002), 1455 (2003), 1526 (2004), 1566 (2004), 1617 (2005), 1735 (2006) and 1822 (2008) of the Security Council of the United Nations require the States to take action against certain terrorists and terrorist organisations, to freeze the assets and other economic resources, to prevent the entry into or the transit through their territory, and prevent the direct or indirect supply, sale or transfer of arms and ammunitions to the individuals or entities listed in the Schedule;

AND WHEREAS the Central Government, in exercise of the powers conferred by section 2 of the United Nations (Security Council) Act, 1947 (43 of 1947) has made the Prevention and Suppression of Terrorism (Implementation of Security Council Resolutions) Order, 2007;

AND WHEREAS it is considered necessary to give effect to the said Resolutions and the Order and to make special provisions for the prevention of, and for coping with, terrorist activities and for matters connected therewith or incidental thereto.
BE it enacted by Parliament in the Eighteenth Year of the Republic of India as follows:—

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Title The Unlawful Activities (Prevention) Act, 1967
Sections Particulars
Chapter I Preliminary
1. Short title, extent and application
2. Definitions
Chapter II Unlawful Associations
3. Declaration of an association as unlawful
4. Reference to Tribunal
5. Tribunal
6. Period of operation and cancellation of notification
7. Power to prohibit the use of funds of an unlawful association
8. Power to notify places used for the purpose of an unlawful association
9. Procedure to be followed in the disposal of applications under this Act
Chapter III Offences and Penalties
10. Penalty for being member of an unlawful association, etc
11. Penalty for dealing with funds of an unlawful association
12. Penalty for contravention of an order made in respect of a notified place
13. Punishment for unlawful activities
14. Offences to be cognizable
Chapter IV Punishment for Terrorist Activities
15. Terrorist act
16. Punishment for terrorist act
16 A. [Omitted]
17. Punishment for raising funds for terrorist act
18. Punishment for conspiracy, etc
18 A. Punishment for organising of terrorist camps
18 B. Punishment for recruiting of any person or persons for terrorist act
19. Punishment for harbouring, etc
20. Punishment for being member of terrorist gang or organisation
21. Punishment for holding proceeds of terrorism
22. Punishment for threatening witness
22 A. Offences by companies
22 B. Offences by societies or trusts
22 C. Punishment for offences by companies, societies or trusts
23. Enhanced penalties
Chapter V Forfeiture of Proceeds of Terrorism or any Property Intended to be Used for Terrorism
24. Reference to proceeds of terrorism to include any property intended to be used for terrorism
24 A. Forfeiture of proceeds of terrorism
25. Powers of investigating officer and Designated Authority and appeal against order of Designated Authority
26. Court to order forfeiture of proceeds of terrorism
27. Issue of show cause notice before forfeiture of proceeds of terrorism
28. Appeal
29. Order of forfeiture not to Interfere with other punishments
30. Claims by third party
31. Powers of Designated Authority
32. Certain transfers to be null and void
33. Forfeiture of property of certain persons
34. Company to transfer shares to Government
Chapter VI Terrorist Organisations
35. Amendment of Schedule, etc
36. Denotification of a terrorist organisation
37. Review Committees
38. Offence relating to membership of a terrorist organisation
39. Offence relating to support given to a terrorist organisation
40. Offence of raising fund for a terrorist organisation
Chapter VII Miscellaneous
41. Continuance of association
42. Power to delegate
43. Officers competent to investigate offence under Chapters IV and VI
43 A. Power to arrest, search, etc
43 B. Procedure of arrest, seizure, etc
43 C. Application of provisions of Code
43 D. Modified application of certain provisions of the Code
43 E. Presumption as to offence under section 15
43 F. Obligation to furnish information
44. Protection of witnesses
45. Cognizance of offences
46. Admissibility of evidence collected through the interception of communications
47. Bar of jurisdiction
48. Effect of Act and rules, etc., inconsistent with other enactments
49. Protection of action taken in good faith
50. Saving
51. Impounding of passport and arms licence of person charge sheeted under the Act
51 A. Certain powers of the Central Government
52. Power to make rules
53. Orders and rules to be laid before both Houses of Parliament
The First Schedule Terrorist Organisations
The Second Schedule [See Section 15(2)]
The Third Schedule [See Clause (b) of Explanation to Section 15(1)]

 

 

 

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