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Section 4 – The Unlawful Activities (Prevention) Amendment Act, 2004

The Unlawful Activities (Prevention) Amendment Act, 2004


Section 4. Amendment of Chapter I


In Chapter I of the principal Act, for Sections 1, 2 and , the following sections shall be substituted, namely:-


‘1. Short title, extent and application.-


(1) This Act may be called the Unlawful Activities (Prevention) Act, 1967 (37 of 1967).


(2) It extends to the whole of India.


(3) Every person shall be liable to punishment under this Act for every act or omission contrary to the provisions thereof, of which he is held guilty in India.


(4) Any person, who commits an offence beyond India, which is punishable under this Act, shall be dealt with according to the provisions of this Act in the same manner as if such act had been committed in India.


(5) The provisions of this Act apply also to-


(a) citizens of India outside India;


(b) persons in the service of the Government, wherever they may be; and


(c) persons on ships and aircrafts, registered in India, wherever they may be.


2. Definitions.-


(1) In this Act, unless the context otherwise requires,-


(a) “association” means any combination or body of individuals;


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


(c) “Code” means the Code of Criminal Procedure, 1973 (2 of 1974);


(d) “court” means a criminal court having jurisdiction, under the Code, to try offences under this Act; s


(e) “Designated Authority” means such officer of the Central Government not below the rank of Joint Secretary to that Government, or such officer of the State Government not below the rank of Secretary to that Government, as the case may be, as may be specified by the Central Government or the State Government, by notification published in the Official Gazette;


(f) “prescribed” means prescribed by rules made under this Act;


(g) “proceeds of terrorism” means all kinds of properties which have been derived or obtained from commission of any terrorist act or have been acquired through funds traceable to a terrorist act, irrespective of person in whose name such proceeds are standing or in whose possession they are found, and includes any property which is being used, or is intended to be used, for the purpose of a terrorist organisation;


(h) “property” means property and assets of every description, whether corporeal or incorporeal, movable or immovable, tangible or intangible and deeds and instruments evidencing title to, or interest in, such property or assets, and includes cash and bank account;


(i) “secession of a part of the territory of India from the Union” includes the assertion of any claim to determine whether such part will remain a part of the territory of India;


(j) “State Government”, in relation to a Union territory, means the Administrator thereof;


(k) “terrorist act” has the meaning assigned to it in Section 15, and the expressions “terrorism” and “terrorist” shall be construed accordingly;


(l) “terrorist gang” means any association, other than terrorist organisation, whether systematic or otherwise, which is concerned with, or involved in, terrorist act;


(m) “terrorist organisation” means an organisation listed in the Schedule or an organisation operating under the same name as an organisation so listed;


(n) “Tribunal” means the Tribunal constituted under Section 5;


(o) “unlawful activity”, in relation to an individual or association, means any action taken by such individual or association (whether by committing an act or by words, either spoken or written, or by signs or by visible representation or otherwise),-


(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 territory of India from the Union, or which incites any individual or group of individuals to bring about such cession or secession; or


(ii) which disclaims, questions, disrupts or is intended to disrupt the sovereignty and territorial integrity of India; or


(iii) which causes or is intended to cause disaffection against India;


(p) “unlawful association” means any association,-


(i) which has for its object any unlawful activity, or which encourages or aids persons to undertake any unlawful activity, or of which the members undertake such activity; or


(ii) which has for its object any activity which is punishable under Section 153-A or Section 153-B of the Indian Penal Code (45 of 1860), or which encourages or aids persons to undertake any such activity, or of which the members undertake any such activity :


Provided that nothing contained in sub-clause (it) shall apply to the State of Jammu and Kashmir;


(q) words and expressions used but not defined in this Act and defined in the Code shall have the meanings respectively assigned to them in the Code.


(2) Any reference in this Act to any enactment or any provision thereof shall, in relation to an area in which such enactment or such provision is not in force, be construed as a reference to the corresponding law or the relevant provision of the corresponding law, if any, in force in that area.’.



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