The Unlawful Activities (Prevention) Act, 1967
Administered Ministry: Ministry of Home Affairs / Department of Internal Security
Section
Section 48 Effect of Act and rules, etc., inconsistent with other enactments.
The provisions of this Act or any rule or order made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act or any instrument having effect by virtue of any enactment other than this Act.
Section 49 Protection of action taken in good faith.
No suit, prosecution or other legal proceeding shall lie against
(a) the Central Government or a State Government or any officer or authority of the Central Government or State Government or District Magistrate or any officer authorised in this behalf by the Government or the District Magistrate or any other authority on whom powers have been conferred under this Act, for anything which is in good faith done or purported to be done in pursuance of this Act or any rule or order made thereunder; and
(b) any serving or retired member of the armed forces or para-military forces in respect of any action taken or purported to be taken by him in good faith, in the course of any operation directed towards combating terrorism.
(a) the Central Government or a State Government or any officer or authority of the Central Government or State Government or District Magistrate or any officer authorised in this behalf by the Government or the District Magistrate or any other authority on whom powers have been conferred under this Act, for anything which is in good faith done or purported to be done in pursuance of this Act or any rule or order made thereunder; and
(b) any serving or retired member of the armed forces or para-military forces in respect of any action taken or purported to be taken by him in good faith, in the course of any operation directed towards combating terrorism.
Section 50 Saving.
Nothing in this Act shall affect the jurisdiction exercisable by, or the procedure applicable to, any court or other authority under any law relating to the navy, army or air force or other armed forces of the Union.
Section 51 Impounding of passport and arms licence of person charge sheeted under the Act
Notwithstanding anything contained in any other law for the time being in force, the passport and the arms licence of a person, who is charge-sheeted for having committed any offence under this Act, shall be deemed to have been impounded for such period as the court may deem fit.
Section 51A Certain powers of the Central Government.
1[51A. Certain powers of the Central Government.—For the prevention of, and for coping with terrorist activities, the Central Government shall have power to—
(a) freeze, seize or attach funds and other financial assets or economic resources held by, on behalf of or at the direction of the individuals or entities listed in the Schedule to the Order, or any other person engaged in or suspected to be engaged in terrorism;
(b) prohibit any individual or entity from making any funds, financial assets or economic resources or related services available for the benefit of the individuals or entities listed in the Schedule to the Order or any other person engaged in or suspected to be engaged in terrorism;
(c) prevent the entry into or the transit through India of individuals listed in the Schedule to the Order or any other person engaged in or suspected to be engaged in terrorism.]
(a) freeze, seize or attach funds and other financial assets or economic resources held by, on behalf of or at the direction of the individuals or entities listed in the Schedule to the Order, or any other person engaged in or suspected to be engaged in terrorism;
(b) prohibit any individual or entity from making any funds, financial assets or economic resources or related services available for the benefit of the individuals or entities listed in the Schedule to the Order or any other person engaged in or suspected to be engaged in terrorism;
(c) prevent the entry into or the transit through India of individuals listed in the Schedule to the Order or any other person engaged in or suspected to be engaged in terrorism.]
1. Ins. by Act 35 of 2008, s. 14 (w.e.f. 31-12-2008).
Section 52 Power to make rules. 6 docs
(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act.
(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:—
(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) determination of the price of the forfeited property under sub-section (2) of section 28;
(d) the procedure for admission and disposal of an application under sub-section (3) of section 36;
(e) the qualifications of the members of the Review Committee under sub-section (2) of section 37; and
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]
(f) any other matter which is required to be, or may be, prescribed.
(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:—
(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) determination of the price of the forfeited property under sub-section (2) of section 28;
(d) the procedure for admission and disposal of an application under sub-section (3) of section 36;
(e) the qualifications of the members of the Review Committee under sub-section (2) of section 37; and
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]
(f) any other matter which is required to be, or may be, prescribed.
1. Ins. by Act 35 of 2008, s. 15 (w.e.f. 31-12-2008).
Section 53 Orders and rules to be laid before both Houses of Parliament.
1[(1)] Every order and every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a 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 in the order or rule or both Houses agree that the order or rule should not be made, the order or 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 order or rule.
2[(2) The Order referred to in entry 33 of the Schedule and every amendment made to that Order shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of 30 days which may be comprised in one session or in two or more successive sessions.]
2[(2) The Order referred to in entry 33 of the Schedule and every amendment made to that Order shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of 30 days which may be comprised in one session or in two or more successive sessions.]
1. Section 53 renumbered as sub-section (1) thereof by s. 16, ibid. (w.e.f. 31-12-2008).
2. Ins. by s. 16, ibid. (w.e.f. 31-12-2008).
2. Ins. by s. 16, ibid. (w.e.f. 31-12-2008).