Unlawful Activities (Prevention) Amendment Act, 2019

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 8th August, 2019/Shravana 17, 1941 (Saka)

The following Act of Parliament received the assent of the President on the 8th August, 2019, and is hereby published for general information:—

THE UNLAWFUL ACTIVITIES (PREVENTION) AMENDMENT ACT, 2019

No. 28 OF 2019

[8th 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:—

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.

2. Amendment of section.

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.

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.

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”.

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.

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.

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.

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.

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.

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.

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).”.

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

DR. G. NARAYANA RAJU,
Secretary to the Govt. of India.

CORRIGENDA

In the FINANCE ( NO. 2) ACT, 2019 (23 of 2019) as published in the Gazette of India Extraordinary, Part II, Section 1, Issue No. 42, dated the 1st August, 2019,—