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REGISTERED NO. D 221.

The Gazette of India

EXTRAORDINARY

PART II—Section 1

PUBLISHED BY AUTHORITY

No. 25] NEW DELHI, FRIDAY, JUNE 17, 1966/ JYAISTHA 27, 1888

Separate paging is given to this Part in order that it may be filed

as a separate compilation.

MINISTRY OF LAW

(Legislative Department)

New Delhi, the 17th June, 1966/Jyaistha 27, 1888 (Saka)

THE UNLAWFUL ACTIVITIES (PREVENTION)' ORDINANCE, 1966

No. 6 OF 1966

Promulgated by the President in the Seventeenth Year of the

Republic of India.

An Ordinance to provide for the more effective prevention of unlawful activities of individuals and associations and for matters connected therewith.

WHEREAS Parliament is not in session and the President is satis- fied that circumstances exist which render it necessary for him to take immediate action;

232

Now, THEREFORE, in exercise of the powers conferred by clause (1) of article 123 of the Constitution, the President is pleased to pro- mulgate the following Ordinance: —

CHAPTER I

PRELIMINARY

1. (1) This Ordinance may be called the Unlawful Activities (Prevention) Ordinance, 1966.

Short title, extent and commence- ment.

(2) It extends to the whole of India. (3) It shall come into force at once.

Definitions. 2. In this Ordinance, unless the context otherwise requires,—

(o) "association" means any combination or body of indi- viduals, whether the same is known by any distinctive name or not;

(b) "cession of a part of the territory of India" includes admission of the claim of any foreign country to any such part;

(c) "enemy" means—

(i) any person or country at war with, or committing aggression against, India;

(w) any person belonging to any such country;

(Hi) such other country as may be declared by the Cen- tral Government to be assisting the country at war with, or committing aggression against, India;

(iv) any person belonging to a country specified in sub> clause (Hi):

(d) "prescribed" means prescribed by rules made under this Ordinance;

(e) "secession of a part of the territory of India from the Union" includes the assertion of any right to determine whether such part will remain a part of the territory of India;

(f) "Tribunal" means the Tribunal constituted under section 5;

(g) "unlawful activity" in relation to an individual or as- sociation means any action taken by such individual or associa- tion (whether by committing an act or by words, either spoken or written, or by signs or by visible representation or other- wise)—

(i) 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 ter- ritory of India from the Union or which incites anv indi- vidual or group of individuals to bring about such cession or secession;

(ii) which renders, or ia intended to render assistance to any enemy;

(in) which propagates or is intended to propagate the cause of any country which, by war or aggression, has threa- tened, or is threatening, the security of India or any part of the territory thereof;

(iv) which disclaims or questions the sovereignty of India in respect of any part of the territory of India;

(v) which disrupts or is intended to disrupt the inte- grity of India;

(vi) which is intended to overthrow the Government as by law established by—

(a) force or violence or show of force or violence,

(b) pursuing any direction of any foreign country;

(h) "unlawful association" means any association—

(i) which has for its object any unlawful activity, or which encourages or aids persons to undertake any unlaw- ful activity, or of which the members habitually under- take such activity; or

(ii) which is subject to foreign influence or control, or is under the control of persons concerned in the Government of any foreign country committing aggression against India, where in any such case there is danger of the utilisa- tion of the association for purposes prejudicial to the defence of India or the sovereignty and integrity of India; or

(in) which is organised or equipped in such manner as to enable the members of the association to be employed, or as to arouse reasonable apprehension that the members "of ^he association may be employed, in usurping the functions of the Armed Forces of the Union or of any police force or of any other force constituted under any law for the time being in force; or

(iv) which is organised or equipped in such manner as to ena/ble the raising of any secret or private armed group

for the purpose of overthrowing the Government as by law established, by force or violence or show of force or violence; or

(•u) which uses any means to Incite or induce any person subject to military, naval or air force law—

(a) to cause any mutiny in the military, naval or air force or any other Armed Forces of the Union or any force co-operating therewith or to join in any such mutiny, or

(b) to abstain from discharging duties imposed by any law for the time being in force.

CHAPTER II

UNLAWFUL ASSOCIATIONS

DecUwtkmJ of in MSO- clttion u uolavftiL

3. (1) If the Central Government is of opinion that any associa- tion is, or has become, an unlawful association, it may, by notifica- tion in the Official Gazette, declare such association to be unlawful.

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

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.

(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:

Provided that if the Central Government is of opinion that cir- cumstances 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.

(4) Every such notification shall, in addition to its publication In the Official Gazette, be published in not less than one daily news- paper having circulation in the State in which the principal office, If any, of the association affected is situated, and shall also be served on iuch 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: —

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

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

(c) by proclaiming by beat of drum or by means of loud- speakers, the contents of the notification in the area in which the activities of the association are ordinarily carried on; or

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

Reference to Tribunal.

4. (1) Where any association has been declared unlawful by a notification issued under sub-section (2) of section 3, the Central Government shall, within thirty days from the date of the publica- tion of the notification under the said sub-section, refer the notifi- cation to the Tribunal for the purpose of adjudicating whether or not there is sufficient cause for declaring the association unlawful.

(2) On receipt of a reference under sub-section (2), 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.

(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 prescribed manner and after calling for such furthei information as it may consider necessary from the Central Govern- ment 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, such order as it may deem fit either confirming the declaration made in the notification or cancelling the same.

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

TribnnaU. 5, (1) The Central Government may, by notification in the Offi- cial Gazette, constitute, as and when necessary, a tribunal to be known as the "Unlawful Activities (Prevention) Tribunal" consist- ing, of a Chairman and two other members to be appointed by the Central Government.

(2) The Chairman of the Tribunal shall be a person who ip, or has been, a Judge of a High Court and the members therepi shaJJ b£ persons who are qualified to be Judges of High Court.

(3) A person shall be disqualified for being appointed or for continuing as member of the Tribunal if he has directly or indirectly any interest in any association which has been declared unlawful under section 3.

(4) The Chairman or any other member of the Tribunal may resign his office by writing under his hand addressed to the Central Government, but shall continue in office until the appointment of his successor is notified in the Official Gazette.

(5) A casual vacancy caused by the resignation of the Chairman or any other member of the Tribunal under sub-section (4) or other- wise ^hall be filled by fresh appointment.

{$) ISfo act or proceeding ,of the Tribunal shall be invalid by reason only of the existence of any vacancy amongst its members or any defect in the constitution thereof.

(7) The Chairman and other members of the Tribunal shall re- ceive such remuneration and shall be governed by such conditions of service as the Central Government may determine:

Provided that the remuneration of the Chairman or any other member shall not be varied to his disadvantage after his appoint- ment.

(8) The Central Government shall make available .to the Tribunal sych staff as may be necessary for the discharge of Its functions under this Ordinance.

(9) All expenses incurred in connection with the Tribunal shall be .defrayed out of the Consolidated Fund of India.

(10) The Tribunal shall have power to regulate its pwn procedure in all matters arising out of the discharge of its functions including the place or places at which it will hold its sittings.

(11) In the case of a difference of opinion among the members of the Tribunal, the opinion of the majority shall prevail and orders of the Tribunal shall be expressed in terms of th^ views of the majority.

(12) The Tribunal shall, for the purpose of making an inquiry under this Ordinance, have the same powers as are vested in, a civil

i of ¹⁹⁰⁸. court under the Code of Civil Procedure, 1908, while trying a suit, in respect of the following matters, namely: —

(a) the summoning and enforcing the attendance of any witness and examining him on oath;

(b) the discovery and production of any document or other material object producible as evidence;

(c) thv reception of evidence on affidavits;

(d) the requisitioning of any public record from any court or office;

(e) the issuing of any commission for the examination of witnesses.

45 of i860.

(13) Any proceeding before the Tribunal shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code and the Tribunal shall be¹ deemed to be a civil court for the purposes of section 195 and Chapter XXXV of the Code of Criminal Procedure, 1898.

5 of 189S.

Period of operation and cancel- lation of notlfic"tion- 6. (1) Subject to the provisions of sub-section (2), a notification iffsued under section 3 shall, if the declaration made therein is con- firmed by the Tribunal by an order made under section 4, remain in force for a period of two years from the date on wnich the notification becomes effective :

Provided that if the Central Government considers that since the issue of notification there has been no material change in the circumstances under which the notification was issued, the Central Government may, from time to time, extend the period of operation of the notification by any period not exceeding one year at a time.

(2) Notwithstanding anything contained in sub-section '(1). the Central Government may, either on its own motion or on the appli- cation of any person aggrieved, at any time, cancel the notification issued under section 3, whether or not the declaration made therein has been confirmed by the Tribunal.

Power to prohibit the use of funds of in unlawful association, 7. (I) Where an association has been declared unlawful by a noti- fication issued tinder section 3 which has become effective under sub-section (3) of that section and the Central Government is satis- fied, after such inquiry as it may think fit, 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 associa- tion, the Central Government may, by order in writing, prohibit

such person from paying, delivering, transferring or otherwise deal- ing 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 accord- ance with the written orders of the Central Government and a copy of such order shall be served upon the person so prohibited in such manner as may be prescribed.

(2) The Central Government may endorse a copy of the prohi- bitory order made under sub-section (1) for investigation to any officer it may select, and such copy shall be a warrant whereunder such officer may enter In or upon any premises of tKe person to whom the order is directed, examine the books of such person, search for moneys, securities and credits, and make inquiries from such person or any officer, agent or servant of such person, touching tKe 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 purposes of the unlawful association.

5 of i39H.

(3) A copy of an order made under this section may be served In the manner provided in the Code of Criminal Procedure, 1898, for the service of a summons, or, where the person to be served is a corporation, company, bank or association of persons, it may be served on any secretary, director or other officer or person concerned with the management thereof, or by leaving it or sending it by post addressed to the corporation, company, bank or association at its registered office, or where there is no registered office, at the place where it carries on business.

(4) Any person aggrieved by a prohibitory order made under sub-section (1) may, within fifteen days from the date of the service of such" order, make an application to the Court of the District Judge 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 sKall decide the question.

(5) Except so far as is necessary for the purpose's of any proceedings under this section, no information obtained in the course of any investigation made under sub-section '(2) shall be divulged by any officer of Government, without the consent of the Central Government.

(6) In this section, "security" includes a document whereby any person acknowledges that he is under a legal liability to pay money, or whe'reunder any person obtains a legal right to the payment of money.

8. (1) Whore an association has been declared unlawful by a notification issued under section 3 which has become effective under sub-section (3) of that section, the Central Government may, by notification in the Official Gazette, notify and place which in its opinion is used for the purposes of such unlawful association.

Explanation,—For the purposes of this sub-section, "place"

Power to notify places used for the purpose of an unlawful association and conse- quences following from such notification.

includes a house or building, or part thereof, or a tent or vessel.

{2) On the issue of a notification under sub-section (1), the District Magistrate within the local limits of whose jurisdiction such notified place is situate or any officer authorised by him in writing in this behalf shall make a list of all movable properties found in the notified place in the presence of two respectable witnesses.

(3) If, in the opinion of the District Magistrate, any articles •>ecified in the list are or may be used for the purposes of the unlawful association, he may make an order prohibiting any person from using the article save in accordance with the written orders of the District Magistrate.

(4) The District Magistrate or any officer authorised by him in writing in this behalf may thereupon make an order that 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.

(5) Where in pursuance of sub-section (4), 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.

(6) Any police officer or any other person authorised in this behalf by the Central Government may search any person entering, or seeking to enter, or being on or in, the notified place and may detain any such person for the purpose of searching him :

Provided that no female shall be searched in pursuance of this sub-section except by a female.

(7) If any person is in the notified place in contravention of an older made under sub-section (4), then, without prejudice to any other proceedings which may be taken against him, he may be removed therefrom by any police officer or by any other person authorised in this behalf by the Central Government,

(8) Any person aggrieved by a notification issued in respect of a place under sub-section (1) or by an order made under sub-section (3) or sub-section (4) may, within thirty 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 juris- diction such notified place is situate—

(a) for declaration that the place has not been used for the

purposes of the unlawful association, or

(b) for setting aside the order made under sub-section (3)

or sub-section (4),

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

Procedure to be followed in the dis- posal of applications under this Ordinance.

5 of 1908, 9. Subject to any rules that may be made under this Ordinance, the procedure to be followed by the Tribunal in holding any inquiry under sub-section (3) of section 4 or by a Court of the District Judge in disposing of any application under sub-section (4) of section 7 or sub-section (8) of section 8 shall, so far as may be, be the proce- dure laid down in the Code of Civil Procedure, 1908, for the investi- gation of claims and the decision of the Tribunal or the Court of the District Judge, as the case may be, shall be final.

CHAPTER III

OFFENCES AND PENALTIES

Penalty for being mem- bers of an unlawful association.

10. Whoever is a member of an association declared unlawful by a notification under section 3 which has become effective under sub-section (3) of that section, or takes part in meetings of any such unlawful association, or contributes or receives or solicits any contribution for the purpose of any such unlawful association, or in any way assists the operations of any such unlawful association, shall be punishable with imprisonment for a term which may extend to—

(a) seven years, where such association has for its object any unlawful activity which is intended to overthrow the Government as by law established, by—

(i) force or violence or show of force or violence;

(ii) rendering assistance to an enemy or to any country which by war or aggression, has threatened, or is threaten- ing, the security of India;

(b) three years, in any other case,

and shall also be liable to fine.

Penalty for dealing with funds of an unlawful association.

5 of i8yB.

11. If any person on whom a prohibitory order has been served under sub-section (1) of sr^tion 7 in respect of any moneys, secu- rities or credits pays, delivers, transfers or otherwise deals in any manner whatsoever with the same in contravention of the prohi- bitory order, he shall be punishable with imprisonment for a term which may extend to three year", or with fine, or with both, and notwithstanding anything contained in the Code of Criminal Proce- dure, 1898, 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 con- travened or such part thereof as the court may deem fit.

12. (?) Whoever uses any article in respect of which a prohibi- tory order has been made under sub-section (3) of section 8 shall be punishable with imprisonment for a term which may extend to three years, and shall also be liable to fine.

Penalty for contraven- tion of an order made in respect of a notified place.

(2) Whoever is in, or effects or attempts to effect entry into, a notified place in contravention of an order made under sub-section (4) of section 8 shall be punishable with imprisonment for a term which may extend to three years, and shall also be liable to fine.

3 of 1898.

(3) Notwithstanding anything contained in the Code of Criminal Procedure, 1898, an offence under sub-section (1) or sub-section (2) shall be cognizable.

13. (1) Whoever—

(a) takes part in or commits, or

Punishment for unlawful activities.

(b) advocates, abets, advises or incites the commission of,

any unlawful activity, shall be punishable with imprisonment for a term which may extend to ten years, and shall also be liable to fine. (2) Whoever, in any way, assists any unlawful activity of any association, declared unlawful under section 3, after the notification by which it has been so declared has become effective under sub- section (3) of that section, shall be punishable with imprisonment

for a term which may extend to seven years, or with fine, or with both.

(3) Nothing in this section shall apply to any treaty, agreement or convention entered into between the Government of India and the Government of any other country or to any negotiations therefor carried on by any person authorised in this behalf by the Govern- ment of India.

CHAPTER IV

MISCELLANEOUS

Continuance of associa- tion.

14. An association shall not be deemed to have ceased to exist by reason only of any formal act of its dissolution or change of name but shall be deemed to continue so long as any actual combination for the purposes of such association continues between any members thereof.

Power to declare succeeding association to be un- lawful.

15. If the Central Government is satisfied that any association is engaged, in succession to any association which has been declared to be unlawful under this Ordinance, in activities substantially similar to those formerly carried on thereby, that Government may, by a notification in the Official Gazette, declare such succeeding association to be unlawful and thereupon the provisions of this Ordinance shall apply to the succeeding association.

Bar of Jurisdiction.

16. Save as otherwise expressly provided in this Ordinance, no proceeding taken under this Ordinance by the Central Government or the District Magistrate or any officer authorised in this behalf by the Central Government or the District Magistrate shall be called in question in any court in any suit or application or by way of: appeal or revision, and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Ordinance.

Prosecution lor offences under this Ordinance.

17. No court shall take cognizance of any offence punishable under this Ordinance except with the previous sanction of the Central Government or any officer authorised by the Central Government in this behalf.

Protection of action taken In good faith.

18. (1) No suit or other legal proceeding shall lie againet the Central Government in respect of any loss or damage caused or likely to be caused by anything which is in good faith done or in- tended to be done in pursuance of this Ordinance or any rules or orders made thereunder.

(2) No suit, prosecution or other legal proceeding shall lie against the District Magistrate or any officer authorised in this behalf by the Central Government or the District Magistrate in respect of any- thing which is in good faith done or intended to be done in pursuance of this Ordinance or any rules or orders made thereunder.

Power to delegate.

19. The Central Government may, by notification in the Official Gazette, direct that all or any of the powers which may be exer- cised by it under this Ordinance, shall, in such circumstances and under such conditions, if any, as may be specified in the noti- fication, be exercised also by any State Government and the State Government may, with the previous approval of the Central Gov- ernment, by order in writing direct that any power which has been directed to be exercised by it shall, in such circumstances and under such conditions, if any, as may be specified in the direction, be exer- cised by any person subordinate to the State Government as may be specified therein.

20. The provisions of this Ordinance or any rule or order Effect Ordinance and rules etc., in- consistent with other enactments.

made thereunder shall have effect notwithstanding anything in- consistent therewith contained in any enactment other than this Ordinance or any instrument having effect by virtue of any enact- ment other than this Ordinance.

Power to make rules.

21. (1) The Central Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Ordi- nance.

(2) In particular, and without prejudice to the generality of the foregoing power, 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 Ordinance and the manner in which such notices and orders may be served, where the person to be served is a corporation, company, bank or association;

(b) the procedure to be followed by the Tribunal or a District Judge in holding any inquiry or disposing of any appli- cation under this Ordinance;

(c) any other matter which has to be, or may be, prescribed.

(3) Every rule made by the Central Government under this sec- tion 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 successive sessions, and if, before the expiry of the session in which it Is so laid or the session Immediately following, both Houses agree In making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modi- fied 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 rule.

S. RADHAKRISHNAN,

President.

S. P. SEN-VERMA,

Secy, to the Govt, of India,

PRINTED IN INDIA BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRK8S,

M1NTO ROAD, NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS,

DELHI, I960.