act 037 of 1967 : Unlawful Activities (Prevention) Amendment Act, 2019

Unlawful Activities (Prevention) Amendment Act, 2019

ACTNO. 37 OF 1967
08 August, 2019
An Act further to amend the Unlawful Activities (Prevention) Act, 1967

Be it enacted by Parliament in the Seventieth Year of the Republic of India as follows

Section 1. Short title and commencement

(1) This Act may be called the Unlawful Activities (Prevention) Amendment Act, 2019.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

NOTIFICATIONS
(1)
Ministry of Home Affairs, Noti. No. S.O. 2938(E), dated August 14, 2019, published in the Gazette of India, Extra., Part II, Section 3(ii), dated 14th August, 2019, p. 1, No. 2678.

In exercise of the powers conferred by sub-section (2) of Section 1 of the Unlawful Activities Prevention (Amendment) Act, 2019 (28 of 2019), the Central Government hereby appoints the 14th August, 2019, as the date on which the provisions of the said Act shall come into force.

Section 2. Amendment of Section 2

In the Unlawful Activities (Prevention) Act, 1967 (hereinafter referred to as the principal Act), in Section 2, in sub-section (1),

(i) in clause (d), for the word and figures Section 21 , the word and figures Section 22" shall be substituted;

(ii) in clause (ha), for the words the Schedule , the words a Schedule shall be substituted;

(iii) in clause (m), for the word Schedule , the words First Schedule shall be substituted.

Section 3. Amendment of Section 25

In Section 25 of the principal Act, in sub-section (1), for the words in which such property is situated, make an order , the words in which such property is situated, or where the investigation is conducted by an officer of the National Investigation Agency, with the prior approval of the Director General of National Investigation Agency, make an order shall be substituted.

Section 4. Amendment of heading of Chapter VI

In Chapter VI of the principal Act, for the Chapter heading, the following Chapter heading shall be substituted, namely:

TERRORIST ORGANISATIONS AND INDIVIDUALS

Section 5. Amendment of Section 35

In Section 35 of the principal Act,

(i) in sub-section (1),

(A) in clause (a), after the words First Schedule , the words or the name of an individual in the Fourth Schedule shall be inserted;

(B) in clause (b), after the words United Nations , the words or the name of an individual in the Fourth Schedule shall be inserted;

(C) in clause (c), after the words First Schedule , the words or the name of an individual from the Fourth Schedule shall be inserted;

(D) in clause (d), after the words First Schedule , the words or the Fourth Schedule shall be inserted;

(ii) in sub-section (2), for the words an organisation only if it believes that it is , the words an organisation or an individual only if it believes that such organisation or individual is shall be substituted;

(iii) in sub-section (3), for the words an organisation shall be deemed to be involved in terrorism if it , the words an organisation or an individual shall be deemed to be involved in terrorism if such organisation or individual shall be substituted.

Section 6. Amendment of Section 36

In Section 36 of the principal Act,

(i) in the marginal heading, for the words a terrorist organisation , the words terrorist organisation or individual shall be substituted;

(ii) in sub-section (1), for the words an organisation from the Schedule , the words an organisation from the First Schedule, or as the case may be, the name of an individual from the Fourth Schedule shall be substituted;

(iii) in sub-section (2),

(A) in clause (b), for the words Schedule as a terrorist organisation , the words First Schedule as a terrorist organisation, or shall be substituted;

(B) after clause (b), the following clause shall be inserted, namely:

(c) any person affected by inclusion of his name in the Fourth Schedule as a terrorist. ;

(iv) in sub-section (5), for the words an organisation from the Schedule , the words an organisation from the First Schedule or the name of an individual from the Fourth Schedule shall be substituted;

(v) in sub-section (6), after the words an organisation , the words or an individual shall be inserted;

(vi) in sub-section (7), for the word Schedule , the words First Schedule or the name of an individual from the Fourth Schedule shall be substituted.

Section 7. Amendment of Section 38

In Section 38 of the principal Act, in sub-section (1), in the proviso, in clause (b), for the word Schedule , the words First Schedule shall be substituted.

Section 8. Amendment of Section 43

In Section 43 of the principal Act,

(i) after clause (b), the following clause shall be inserted, namely:

(ba) in the case of National Investigation Agency, below the rank of Inspector; ;

(ii) in clause (c), after the words, brackets and letter or clause (b) , the words, brackets and letters or clause (ba) shall be inserted.

Section 9. Amendment of Section 45

In Section 45 of the principal Act, in sub-section (1), in clause (ii), for the word where , the word if shall be substituted.

Section 10. Amendment of First Schedule

In the First Schedule to the principal Act, for the brackets, words, figures and letter [See Sections 2(1)(m) and 35] , the brackets, words, figures and letter [See Sections 2(1)(m), 35, 36 and 38 (1)] shall be substituted.

Section 11. Amendment of Second Schedule

In the Second Schedule to the principal Act,

(a) in item (v), the words as amended from time to time shall be inserted at the end;

(b) after item (ix), the following item shall be inserted, namely:

(x) International Convention for Suppression of Acts of Nuclear Terrorism (2005). .

Section 12. Addition of Fourth Schedule

After the Third Schedule to the principal Act, the following Schedule shall be added, namely:

THE FOURTH SCHEDULE

[See Sections 35(1) and 36]

Sl. No.

Name of Individuals

1. Received the assent of the President on August 8, 2019 and published in the Gazette of India, Extra., Part II, Section 1, dated 8th August, 2019, pp. 1-3, No. 47