(1) Subject to the provisions of sub-section (2), a notification issued under section 3 shall, if the declaration made therein is confirmed by the Tribunal by an order made under section 4, remain in force for a period of 1 [five years] from the date on which the notification becomes effective.
(2) Notwithstanding anything contained in sub-section (1), the Central Government may, either on its own motion or on the application 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.
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1. Subs. by Act 3 of 2013, s. 3, for "two years" (w.e.f. 1-2-2013).
(1) Where an association has been declared unlawful by a notification issued under section 3 which has become effective under sub-section (3) of that section and the Central Government is satisfied, after such inquiry as it may think it, 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 association, the Central Government may, by order in writing, prohibit such person from paying, delivering, transferring or otherwise dealing 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 accordance with the written orders of the Central Government and a copy of such order shall be served upon the person so prohibited in the manner specified in sub-section (3).
(2) The Central Government may endorse a copy of the prohibitory order made under sub-section (1) for investigation to any gazetted officer of the Government it may select, and such copy shall be a warrant whereunder such officer may enter in or upon any premises of the person to whom the order is directed, examine the books of such person, search for moneys, securities or credits, and make inquiries from such person or any officer, agent or servant of such person, touching the 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 purpose of the unlawful association.
(3) A copy of an order made under this section shall be served in the manner provided in the 1[Code], for the service of a summons, or where the person to be served is a corporation, company, bank or other association, it shall 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 other 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 shall decide the question.
(5) Except so far as is necessary for the purposes 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 gazetted officer of the 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 whereunder any person obtains a legal right to the
payment of money.
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1. Subs. by s. 3, ibid., for "Code of Criminal Procedure, 1898 (5 of 1898)" (w.e.f. 21-9-2004).
(1) Where 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 any place which in its opinion is used for the purpose of such unlawful association.
Explanation.-For the purposes of this sub-section, "place" 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 (other than wearing-apparel, cooking vessels, beds and beddings, tools of artisans, implements of husbandry, cattle, grain and food-stuffs and such other articles as he considers to be of a trivial nature) found in the notified place in the presence of two respectable witnesses.
(3) If, in the opinion of the District Magistrate, any articles specified in the list are or may be used for the purpose of the unlawful association, he may make an order prohibiting any person from using the articles save in accordance with the written orders of the District Magistrate.
(4) The District Magistrate 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:
Provided that nothing in this sub-section shall apply to any near relative of any person who was a resident in the notified place at the date of the notification.
(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, not below the rank of a sub-inspector, 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 order 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 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 jurisdiction such notified place is situate-
(a) for declaration that the place has not been used for the purpose 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.
Subject to any rules that may be made under this Act, 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 procedure laid down in the Code of Civil Procedure,
1908 (5 of 1908), for the investigation of claims and the
decision of the Tribunal or the Court of the District Judge, as
the case may be, shall be final.
Unlawful Activities (Prevention) Act
Section 6, 7, 8, 9 of UAPA 1967
Section 10, 11, 12, 13, 14 of UAPA 1967
Section 15 Terrorist Act, 16 Punishment
Section 17, 18, 18A, 18B of UAPA 1967
Section 19, 20, 21, 22 of UAPA 1967
Section 22A, 22B, 22C, 23 UAPA 1967
Section 28, 29, 30, 31, 32 of UAPA
Section 43A, 43B, 43C, 43D, 43E, 43F
Section 44, 45, 46 of UAPA 1967