Parliament receives President’s assent for Unlawful Activities (Prevention) Amendment Bill, 2019 on 08-08-2019.
The Bill will amend the Unlawful Activities (Prevention) Act, 1967 while enacting the Unlawful Activities (Prevention) Amendment Act, 2019.
Highlights of the Act:
- the government can notify organizations as terrorist organizations by including them in the First Schedule.
- empowers the officers of the National Investigation Agency, of the rank of Inspector or above, to investigate cases
- Government can designate “individuals” as terrorists in accordance with this bill.
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Sections Amended |
Unlawful Activities (Prevention) Act, 1967 | Unlawful Activities (Prevention) Amendment Act, 2019 |
| Section 2(1)(d) | “court” means a criminal court having jurisdiction, under the Code, to try offences under this Act [and includes a Special Court constituted under Section 11 or under Section 21 of the National Investigation Agency Act, 2008 | “court” means a criminal court having jurisdiction, under the Code, to try offences under this Act [and includes a Special Court constituted under Section 11 or under Section 22 of the National Investigation Agency Act, 2008 |
| Section 25 (1) | If an officer investigating an offence committed under Chapter IV or Chapter VI, has reason to believe that any property in relation to which an investigation is being conducted, represents proceeds of terrorism, he shall, with the prior approval in writing of the Director-General of the Police of the State in which such property is situated, make an order seizing such property and where it is not practicable to seize such property, make an order of attachment directing that such property shall not be transferred or otherwise dealt with except with the prior permission of the officer making such order, or of the Designated Authority before whom the property seized or attached is produced and a copy of such order shall be served on the person concerned. | If an officer investigating an offence committed under Chapter IV or Chapter VI, has reason to believe that any property in relation to which an investigation is being conducted, represents proceeds of terrorism, he shall, with the prior approval in writing of the Director-General of the Police of the “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” seizing such property and where it is not practicable to seize such property, make an order of attachment directing that such property shall not be transferred or otherwise dealt with except with the prior permission of the officer making such order, or of the Designated Authority before whom the property seized or attached is produced and a copy of such order shall be served on the person concerned. |
| Chapter VI [Heading Substituted] | TERRORIST ORGANISATIONS | TERRORIST ORGANISATIONS AND INDIVIDUALS |
| Section 35 (1) (a), (b), (c) & (d) | ||
| Section 36 [Marginal Heading] | Denotification of a terrorist organisation | Denotification terrorist organisation or individual |
| Section 38 (1)(b) | that he has not taken part in the activities of the organisation at any time during its inclusion in the “Schedule” as a terrorist organisation | that he has not taken part in the activities of the organisation at any time during its inclusion in the “First Schedule” as a terrorist organisation |
| Section 43 [Addition of new clause] | “(ba) in the case of National Investigation Agency, below the rank of Inspector;” | |
| Section 43 (c) | in any case not relatable to clause (a) or clause (b), below the rank of a Deputy Superintendent of Police or a police officer of an equivalent rank, | in clause (c), after the words, brackets and letter “or clause (b)”, the
words, brackets and letters “or clause (ba)” shall be inserted |
| Section 45 (1) (ii) | under Chapters IV and VI without the previous sanction of the Central Government or, as the case may be, the State Government, and “where” such offence is committed against the Government of a foreign country without the previous sanction of the Central Government. |
under Chapters IV and VI without the previous sanction of the Central Government or, as the case may be, the State Government, and “if” such offence is committed against the Government of a foreign country without the previous sanction of the Central Government. |
| First Schedule | ||
| Second Schedule | ||
| Addition of Fourth Schedule |
*Please refer the Act here: The Unlawful Activities (Prevention) Amendment Act, 2019
Ministry of Law and Justice