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)] |