REGISTERED No. D. 221 रजिस्ट्री सं ० डी ० 221
भारत का राजपत्र The Gazette of India
श्रसाधारण
EXTRAORDINARY
भाग II-- खण्ड 3 - उपखण्ड ( ii ) PART II- Section 3- Sub - section ( ii )
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
नई दिल्ली, सोमवार , फरवरी 5 , 1968/माघ 16, 1889
सं० 40]
No. 40]
NEW DELHI , MONDAY , FEBRUARY 5 , 1968 / MAGHA 16 , 1889
इस भाग में भिन्न पृष्ठ संख्या दी जाती है जिससे कि यह अलग संकलन के रूप में रखा जा सके ।
Separate paging is given to this Part in order that it may be filed as a separate compilation.
MINISTRY OF HOME AFFAIRS
NOTIFICATION
New Delhi , the 5th February 1968
S.O. 481. In exercise of the powers conferred by section 21 of the Unlawful Activities ( Prevention ) Act . 1967 ( 37 of 1967 ) , the Central Government hereby makes the following rules , namely : ...
1. Short title and commencement .- ( 1 ) These rules may be called the Unlawful Activities ( Prevention ) Rules , 1968 .
( 2 ) They shall come into force on the date of their publication in the Official Gazette .
2. Definitions. In these rules , unless the context otherwise requires ,- ( a ) " the Act " means the Unlawful Activities ( Prevention ) Act , 1967 ( 37 of 1967) ;
(b) " section " means a section of the Act ;
( c ) words and expressions used in these rules but not defined . and defined In the Act . shall have the meanings respectively assigned to them in the Act . :
3. Tribunal and District Judge to follow rules of evidence. ( 1 ) In holding an inquiry under sub -section ( 3 ) of section 4 or disposing of any application under sub - section (4 ) of section 7 or sub - section ( 8 ) of section 8. the Tribunal or the District Judge , as the case may be , shall , subject to the provisions of sub - rule ( 2), follow. as far as practicable , the rules of evidence laid down in the Indian Evidence Act. 1872 (1 of 1872 ) .
( 87 ) THE GAZETTE OF INDIA EXTRAORDINARY
88
[PART II-
( 2 ) Notwithstanding anything contained in the Indian Evidence Act . 1872 , where any books of account or other documents are claimed by the Central Gov- ernment to be of a confidential nature , the Tribunal or the Court of the District Judre shall not ,-
( a) compel that Government to produce before it such books of account or other documents , or
(b ) where any such books of account or other documents have been pro- duced before it by that Government ,-
( 1 ) make such books of account or other documents a part of the records of the proceedings before it , or
( ii) give inspection of , or copy of the whole of , or any extract from , any such books of account or other documents to any party before it or to any other person .
4. Additional modes of service of notification made under section 3. Without prejudice to the generality of the provisions of sub - section ( 4 ) of section 3 , all or any of the following modes may also be followed in effecting service of a notifi- cation made under sub - section ( 1 ) of section 3 , namely : -
(a) by making an announcement over the radio from the local or nearest broadcasting station of the All -India Radio , or
(b) by pasting the notification on the notice board of the office of the District Magistrate or the Tehsildar at the headquarters of the district or the tehsil , as the case may be , in which the principal office of the association affected is situated .
5. Documents which should accompany a reference to the Tribunal.--Every reference made to the Tribunal under sub - section ( 1 ) of section 4 shall be accom- panied by-
( 1 ) a copy of the notification made under sub - section ( 1 ) of section 3 , and
( ii) all the facts on which the grounds specified in the said notification are based:
Provided that nothing in this rule shall require the Central Government to disclose any fact to the Tribunal which that Government considers against the public interest to disclose .
6. Service of notice Issued by the Tribunal -Every notice referred to in sub- section ( 2 ) of section 4 shall be served on the affected association in such manner as the Tribunal may think fit and all or any of the following modes may be follow- ed by the Tribunal in effecting service of such notice , namely:-
( a) by affixing a copy of the notice to some conspicuous part of the office , if any , of the association ; or
(b ) by serving a copy of the notice , where possible , on the principal office bearers , if any, of the association , by registered post or otherwise ; or
( c) by proclaiming by beat of drum or by means of loudspeakers the con- tents of the notification in the area in which the activities of the association are ordinarily carried on .
7. Tribunal to have a seal.- ( 1 ) The Tribunal shall have a seal of such dimen- sions and in such form as it may think fit .
(2) Every order made or notice issued by the Tribunal shall be authenticated by affixing its seal thereon.
8. Tribunal to have a Registrar. ( 1 ) The Tribunal shall have a Registrar who shall be either a whole -time or part - time officer of the Government .
(2) The Registrar shall have the custody of the seal and the records of the Tribunal and shall exercise such other functions as may be assigned to him by the Tribunal .
THE GAZETTE OF INDIA EXTRAORDINARY
SEC. ( ii ) ]
89
9. Reference to the Tribunal to be addressed to the Registrar. Every reference made to the Tribunal under section 4 shall be addressed and sent to the Registrar who shall , immediately after the receipt of such reference or as soon as possible thereafter . place the same before the Chairman for his orders .
[No. F. 22 /1 / 68 - Poll.I ( A) . ]
On behalf and in the name of the President of India .
L. P. SINGH , Secy .
PRINTED IN INDIA BY THE GENERAL MANAGER , GOVERNMENT OF INDIA PRESE , NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS , DELHI , 1968