Executive Summary:
The Unlawful Activities Prevention Amendment Act, 2019, Act No. 28 of 2019, received Presidential assent on August 8, 2019, and amends the Unlawful Activities Prevention Act, 1967. It focuses on terrorist organizations and individuals and includes provisions for designating individuals as terrorists. The Act comes into force on a date to be appointed by the Central Government via notification in the Official Gazette.
Key Points / Main Content:
* **Amendments to Section 2:**
* Replaces "section 21" with "section 22" in clause (d).
* Replaces "the Schedule" with "a Schedule" in clause (ha).
* Replaces "Schedule" with "First Schedule" in clause (m).
* **Amendment to Section 25:**
* Allows officers of the National Investigation Agency to make orders regarding property seizure with prior approval of the Director General of NIA.
* **Amendment to Chapter VI Heading:**
* Changes the Chapter VI heading to "TERRORIST ORGANISATIONS AND INDIVIDUALS".
* **Amendments to Section 35:**
* Includes individuals in the Fourth Schedule in provisions related to terrorist organizations.
* Expands the scope to include individuals believed to be involved in terrorism.
* **Amendments to Section 36:**
* Extends provisions to cover individuals designated as terrorists.
* Allows affected persons to appeal the inclusion of their name in the Fourth Schedule.
* **Amendment to Section 38:**
* Replaces "Schedule" with "First Schedule" in proviso clause (b) of subsection 1.
* **Amendments to Section 43:**
* Specifies that in the case of the National Investigation Agency, officers below the rank of Inspector are not authorized.
* **Amendment to Section 45:**
* In subsection 1, in clause ii, replace the word "where" with the word "if".
* **Amendment to First Schedule:**
* Updates the reference to include sections 35, 36, and 38.
* **Amendments to Second Schedule:**
* Adds "as amended from time to time" to item (v).
* Adds item "x International Convention for Suppression of Acts of Nuclear Terrorism 2005".
* **Addition of Fourth Schedule:**
* Adds a Fourth Schedule for listing names of individuals.
Impact Analysis:
* **Central Government:**
* Impact: Responsible for appointing the date when the Act comes into force.
* Action Required: Issue a notification in the Official Gazette to specify the commencement date.
* **National Investigation Agency (NIA):**
* Impact: Enhanced powers in property seizure with the Director General's approval; specific rank requirements for authorized officers.
* Action Required: Ensure compliance with the new approval process for property seizure and adherence to rank restrictions.
* **Individuals and Organizations:**
* Impact: Individuals can now be designated as terrorists and included in the Fourth Schedule; those affected can appeal.
* Action Required: Understand the implications of being listed in the Fourth Schedule and the process for appealing such inclusion.
* **Courts:**
* Impact: Adjudicate cases related to individuals and organizations designated under the amended Act.
* Action Required: Apply the updated provisions of the Act in relevant cases.
Key Entities Referenced
Unlawful Activities Prevention Amendment Act, 2019: An Act of Parliament further to amend the Unlawful Activities Prevention Act, 1967.
Unlawful Activities Prevention Act, 1967: The principal Act being amended by the Unlawful Activities Prevention Amendment Act, 2019.
Parliament: The legislative body that enacted the Unlawful Activities Prevention Amendment Act, 2019.
Central Government: The government authorized to appoint the date on which the Act comes into force.
National Investigation Agency: An investigation agency mentioned in the amendment to section 25 of the principal Act.
Director General of National Investigation Agency: The officer whose prior approval is required for certain orders related to property investigation by the National Investigation Agency.
First Schedule: A schedule to the Unlawful Activities Prevention Act, 1967, amended by the current act.
Fourth Schedule: A new schedule added to the Unlawful Activities Prevention Act, 1967, pertaining to names of individuals.
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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. (1) This Act may be called the Unlawful Activities (Prevention) Amendment Short title
Act, 2019. and
commencement.
(2) It shall come into force on such date as the Central Government may, by
notification in the Official Gazette, appoint.
37 of 1967. 2. In the Unlawful Activities (Prevention) Act, 1967 (hereinafter referred to as the Amendment
principal Act), in section 2, in sub-section (1),— of section 2.
(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.2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
Amendment 3. In section 25 of the principal Act, in sub-section (1), for the words "in which
of section 25. 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.
Amendment 4. In Chapter VI of the principal Act, for the Chapter heading, the following
of heading of Chapter heading shall be substituted, namely:—
Chapter VI.
"TERRORIST ORGANISATIONS AND INDIVIDUALS".
Amendment 5. In section 35 of the principal Act,—
of section
(i) in sub-section (1),—
35.
(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.
Amendment 6. In section 36 of the principal Act,—
of section 36.
(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.
Amendment 7. In section 38 of the principal Act, in sub-section (1), in the proviso, in
of section 38. clause (b), for the word "Schedule", the words "First Schedule" shall be substituted.SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3
8. In section 43 of the principal Act,— Amendment
of section 43.
(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. In section 45 of the principal Act, in sub-section (1), in clause (ii), for the word Amendment
"where", the word "if" shall be substituted. of section 45.
10. In the First Schedule to the principal Act, for the brackets, words, figures and Amendment
letter "[See sections 2(1)(m) and 35]", the brackets, words, figures and letter of First
Schedule.
"[See sections 2(1)(m), 35, 36 and 38 (1)]" shall be substituted.
11. In the Second Schedule to the principal Act,— Amendment
of Second
(a) in item (v), the words "as amended from time to time" shall be inserted at
Schedule.
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. After the Third Schedule to the principal Act, the following Schedule shall be Addition of
added, namely:— Fourth
Schedule.
"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,—
Page No. Line(s) No. For Read
9 42 “or section 47” “of section 47”
14 24 “income” “said income”
25 17 “such as” “such sum as”
26 28 “shall be deemed” “shall not be deemed”
60 35 “marginal heading” “5 of 1970”
85 6 “Government” “Central Government”
UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.
MGIPMRND—2588GI(S3)—08-08-2019.