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	THE UNLAWFUL ACTIVITIES (PREVENTION) AMENDMENT ACT, 2004

No. 29 OF 2004
[29th December, 2004.]

An Act further to amend the Unlawful Activities (Prevention) Act, 1967.

BE it enacted by Parliament in the Fifty-fifth Year of the Republic of India as follows:-

1. Short title and commencement.

  1. Short title and commencement.-(1) This Act may be called the Unlawful Activities (Prevention) Amendment Act, 2004.

 (2) It shall be deemed to have come into force on the 21st day of  September,2004.

2. Amendment of long title.

  2. Amendment of long title.-In the Unlawful Activities (Prevention) Act, 1967 (37 of 1967) 

     (hereinafter referred to as the principal Act), in the long title, after the word "associations", the words ",

     and for dealing with terrorist activities," shall be inserted. 

3. Substitution of word "Code" for "Code of Criminal Procedure, 1898".

  3. Substitution of word "Code" for "Code of Criminal Procedure, 1898".-In the principal Act, 

     for the words and figures "Code of Criminal Procedure, 1898 (5 of 1898)", wherever they occur, 

     the word "Code" shall be substituted. 

4. Amendment of Chapter I.

   4. Amendment of Chapter I.-In Chapter I of the principal Act, for sections 1, 2 and 2A, 

     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;

 (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 153A or section 153B 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 (ii) 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.'. 

5. Amendment of section 5.

  5. Amendment of section 5.-In section 5 of the principal Act, in sub-section (7), for the word and figures "

      Chapter XXXV", the word and figures "Chapter XXVI" shall be substituted. 

6. Substitution of new section for section 10.

  6. Substitution of new section for section 10.-For section 10 of the principal Act, the following section 

      shall be substituted, namely:- "10.Penalty for being member of an unlawful association, etc.-Where an 

      association is declared unlawful by a notification issued under section 3 which has become effective 

      under sub-section (3) of that section,-

 (a)  a person, who-

 (i)  is and continues to be a member of such association; or

 (ii) takes part in meetings of such association; or

 (iii)contributes to, or receives or solicits any contribution for the purpose of, such association; or

 (iv) in any way assists the operations of such association,

      shall be punishable with imprisonment for a term which may extend to two years, and shall also be liable 

      to fine; and (b) a person, who is or continues to be a member of such association, or voluntarily does an 

      act aiding or promoting in any manner the objects of such association and in either case is in possession of 

      any unlicensed firearms, ammunition,explosive or other instrument or substance capable of causing mass 

      destruction and commits any act resulting in loss of human life or grievous injury to any person or 

      causes significant damage to any property,- (i)  and if such act has resulted in the death of any person, 

      shall be punishable with death or imprisonment for life, and shall also be liable to fine;

 (ii) in any other case, shall be punishable with imprisonment for a term which shall not be less than five years 

      but which may extend to imprisonment for life, and shall also be liable to fine.". 

7. Substitution of new Chapters and Schedule for Chapter IV.

  7. Substitution of new Chapters and Schedule for Chapter IV.-For Chapter IV of the principal Act, the following 

      Chapters and the Schedule shall be substituted, namely:- 'CHAPTER  IV

 PUNISHMENT FOR TERRORIST ACTIVITIES

 15.  Terrorist Act.-Whoever, with intent to threaten the unity, integrity, security or sovereignty of India or 

      to strike terror in the people or any section of the people in India or in any foreign country, 

      does any act by using bombs, dynamite or other explosive substances or inflammable substances or firearms or 

      other lethal weapons or poisons or noxious gases or other chemicals or by any other substances 

      (whether biological or otherwise) of a hazardous nature, in such a manner as to cause, or likely to cause, 

      death of, or injuries to any person or persons or loss of, or damage to, or destruction of, property or disruption

      of any supplies or services essential to the life of the community in India or in any foreign country or causes 

      damage or destruction of any property or equipment used or intended to be used for the defence of India or in 

      connection with any other purposes of the Government of India,any State Government or any of their agencies,or 

      detains any person and threatens to kill or injure such person in order to compel the Government in India or the 

      Government of a foreign country or any other person to do or abstain from doing any act, commits a terrorist act.

 16.  Punishment for terrorist act.-(1) Whoever commits a terrorist act shall,-

 (a)  if such act has resulted in the death of any person, be punishable with death or imprisonment for life, and 

      shall also be liable to fine;

 (b)  in any other case, be punishable with imprisonment for a term which shall not be less than five years but which 

      may extend to imprisonment for life, and shall also be liable to fine.

 17.  Punishment for raising fund for terrorist act.-Whoever raises fund for the purpose of committing a terrorist act 

      shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to 

      imprisonment for life, and shall also be liable to 8fine.

 18. Punishment for conspiracy, etc.-Whoever conspires or attempts to commit, or advocates, abets, advises or 

      incites or knowingly facilitates the commission of, a terrorist act or any act preparatory to the commission of 

      a terrorist act, shall be punishable with imprisonment for a term which shall not be less than five years 

      but which may extend to imprisonment for life, and shall also be liable to fine.

 19. Punishment for harbouring, etc.-Whoever voluntarily harbours or conceals, or attempts to harbour or conceal any 

      person knowing that such person is a terrorist shall be punishable with imprisonment for a term which shall not 

      be less than three years but which may extend to imprisonment for life, and shall also be liable to fine:Provided

      that this section shall not apply to any case in which the harbour or concealment is by the spouse of the offender.

 20. Punishment for being member of terrorist gang or organization.-Any person who is a member of a terrorist gang or 

      a terrorist organisation, which is involved in terrorist act, shall be punishable with imprisonment for a term 

      which may extend to imprisonment for life, and shall also be liable to fine.

 21. Punishment for holding proceeds of terrorism.-Whoever knowingly holds any property derived or obtained from 

      commission of any terrorist act or acquired through the terrorist fund shall be punishable with imprisonment 

      for a term which may extend to imprisonment for life, and shall also be liable to fine.

 22. Punishment for threatening witness.-Whoever threatens any person who is a witness or any other person in whom 

      such witness may be interested, with violence, or wrongfully restrains or confines the witness, or any other 

      person in whom the witness may be interested,or does any other unlawful act with intent to cause any of the said

      acts,shall be punishable with imprisonment which may extend to three years, and shall also be liable to fine.

 23. Enhanced penalties.-(1) If any person with intent to aid any terrorist contravenes any provision of, or any rule 

      made under the Explosives Act, 1884 (4 of 1884) or the Explosive Substances Act, 1908 (6 of 1908) or the 

      Inflammable Substances Act, 1952 (20 of 1952) or the Arms Act, 1959 (54 of 1959), or is in unauthorised 

      possession of any bomb, dynamite or hazardous explosive substance or other lethal weapon or substance capable 

      of mass destruction or biological or chemical substance of warfare, he shall, notwithstanding anything contained

      in any of the aforesaid Acts or the rules made thereunder, be punishable with imprisonment for a term which 

      shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to 

      fine.

 (2) Any person who, with intent to aid any terrorist,  attempts to contravene or abets, or does any act preparatory 

      to contravention of any provision of any law or rule specified in sub-section (1), shall be deemed to have 

      contravened that provision under sub-section (1)and the provisions of that sub-section in relation to such 

      person, have effect subject to the modification that the reference to "imprisonment for life" therein shall be 

      construed as a reference to "imprisonment for ten years".

 CHAPTER V

 FORFEITURE OF PROCEEDS OF TERRORISM

 24.  Forfeiture of proceeds of terrorism.-(1) No person shall hold or be in possession of any proceeds of terrorism.

 (2)  Proceeds of terrorism, whether held by a terrorist or by any other person and whether or not such terrorist or 

      other person is prosecuted or convicted for any offence under Chapter IV or Chapter VI, shall be liable to be 

      forfeited to the Central Government or the State Government, as the case may be, in the manner provided under 

      this Chapter.

 25.  Powers of investigating officer and Designated Authority and appeal against order of Designated Authority.-(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.

 (2)  The investigating officer shall duly inform the Designated Authority within forty-eight hours of the seizure or 

      attachment of such property.

 (3)  The Designated Authority before whom the seized or attached property is produced shall either  confirm or revoke

      the order of seizure or attachment so issued within a period of sixty days from the date of such production:

      Provided that an opportunity of making a representation by the person whose property is being seized or attached 

      shall be given.

 (4)  In the case of immovable property attached by the investigating officer, it shall be deemed to have been produced 

      before the Designated Authority, when the investigating officer notifies his report and places it at the 

      disposal of the Designated Authority.

 (5)  The investigating officer may seize and detain any cash to which this Chapter applies if he has reasonable 

      grounds for suspecting that- a) it is intended to be used for the purposes of terrorism; or (b) it forms the 

      whole or part of the resources of a terrorist organisation:Provided that the cash seized under this sub-section 

      by the investigating officer shall be released within a period of forty-eight hours beginning with the time when  

      it is seized unless the matter involving the cash is before the Designated Authority and such Authority passes 

      an order allowing its retention beyond forty-eight hours.

 Explanation.-For the purposes of this sub-section, "cash" means-

 (a)  coins or notes in any currency;

 (b)  postal orders;

 (c)  traveller's cheques;

 (d)  banker's drafts; and

 (e)  such other monetary instruments as the Central Government or, as the case may be, the State Government may 

      specify by an order made in writing.

 (6)  Any person aggrieved by an order made by the Designated Authority may prefer an appeal to the court within a 

      period of thirty days from the date of receipt of the order, and the court may either confirm the order of 

      attachment of property or seizure so made or revoke such order and release the property.

 26.  Court to order forfeiture of proceeds of terrorism.-Where any property is seized or attached on the ground that

      it constitutes proceeds of terrorism and the court confirms the order in this regard under sub-section (6) of 

      section 25, it may order forfeiture of such property, whether or not the person from whose possession it is 

      seized or attached, is prosecuted in a court for an offence under Chapter IV or Chapter VI.

 27.  Issue of show cause notice before forfeiture of proceeds of terrorism.-(1) No order forfeiting any proceeds of 

      terrorism shall be made under section 26 unless the person holding or in possession of such proceeds is given 

      a notice in writing informing him of the grounds on which it is proposed to forfeit the proceeds of terrorism 

      and such person is given an opportunity of making a representation in writing within such reasonable time as 

      may be specified in the notice against the grounds of forfeiture and is also given a reasonable opportunity of 

      being heard in the matter.

 (2)  No order of forfeiture shall be made under sub-section (1), if such person establishes that he is a bona fide 

      transferee of such proceeds for value without knowing that they represent proceeds of terrorism.

 (3)  It shall be competent for the court to make an order in respect of property seized or attached,- (a)  directing

      it to be sold if it is a perishable property and the provisions of section 459 of the Code shall, as nearly as 

      may be practicable, apply to the net proceeds of such sale;

 (b)  nominating any officer of the Central Government or  the State Government, in the case of any other property, 

      to perform the function of the Administrator of such property subject to such conditions as may be specified 

      by the court.

 28.  Appeal.-(1) Any person aggrieved by an order of forfeiture under section 26 may, within one month from the 

      date of the receipt of such order, appeal to the High Court within whose jurisdiction, the court, which 

      passed the order appealed against, is situated.

 (2)  Where an order under section 26 is modified or annulled by the High Court or where in a prosecution 

      instituted for any offence under  Chapter IV or Chapter VI, the person against whom an order of forfeiture has

      been made under section 26 is acquitted, such property shall be returned to him and in either case if it is 

      not possible for any reason to return the forfeited property, such person shall be paid the price there for 

      as if the property had been sold to the Central Government with reasonable interest calculated from the day 

      of seizure of the property and such price shall be determined in the manner prescribed.

 29.  Order for forfeiture not to interfere with other punishments.-The order of forfeiture made under this Chapter 

      by the court, shall not prevent the infliction of any other punishment to which the person affected thereby is

      liable under Chapter IV or Chapter VI.

 30.  Claims by third party.-(1) Where any claim is preferred or any objection is made to the seizure or 

      attachment of any property under section 25 on the ground that such property is not liable to seizure or 

      attachment, the Designated Authority before whom such property is produced, shall proceed to investigate the 

      claim or objection:Provided that no such investigation shall be made where the Designated Authority considers

      that the claim or objection is designed to cause unnecessary delay.

 (2)  Where an appeal has been preferred under sub-section (6) of section 25 and any claimant or objector 

      establishes that the property specified in the notice issued under section 27 is not liable to be forfeited 

      under this Chapter, the said notice shall be withdrawn or modified accordingly.

 31.  Powers of Designated Authority.-The Designated Authority, acting under the provisions of this Chapter, shall 

      have all the powers of a civil court required for making a full and fair inquiry into the matter before it.

 32.  Certain transfers to be null and void.-Where, after the issue of an order under section 25 or issue of a 

      notice under section 27, any property referred to in the said order or notice is transferred by any mode 

      whatsoever, such transfer shall, for the purpose of the proceedings under this Chapter, be ignored and if 

      such property is subsequently forfeited, the transfer of such property shall be deemed to be null and void.

 33.  Forfeiture of property of certain persons.-(1) Where any person is accused of an offence under Chapter IV or 

      Chapter VI, it shall be open to the court to pass an order that all or any of the properties, movable or 

      immovable or both, belonging to him, shall, during the period of such trial, be attached, if not already 

      attached under this Chapter.

 (2)  Where a person has been convicted of any offence punishable under Chapter IV or Chapter VI, the court may, 

      in addition to awarding any punishment, by order in writing, declare that any property, movable or immovable 

      or both, belonging to the accused and specified in the order, shall stand forfeited to the 

      Central Government or the State Government, as the case may be, free from all encumbrances.

 34.  Company to transfer shares to Government.-Where any share in a company stand forfeited to the 

      Central Government or the State Government, as the case may be, under this Chapter, then, the companyshall, 

      on receipt of the order of the court, notwithstanding anything contained in the Companies Act, 1956 

      (1 of 1956), or the articles of association of the company, forthwith register the Central Government or 

      the State Government, as the case may be, as the transferee of such share.

 CHAPTER  VI

 TERRORIST ORGANISATIONS

 35.  Amendment of Schedule, etc.-(1)  The Central Government may, by order, in the Official Gazette,-

 (a)  add an organisation to the Schedule;

 (b)  add also an organisation to the Schedule, which is identified as a terrorist organisation in a resolution 

      adopted by the Security Council under Chapter VII of the Charter of the United Nations, to combat 

      international terrorism;

 (c)  remove an organisation from the Schedule;

 (d)  amend the Schedule in some other way.

 (2)  The Central Government shall exercise its power under clause (a) of sub-section (1) in respect of an 

      organisation only if it believes that it is involved in terrorism. 

 (3)  For the purposes of sub-section (2), an organisation shall be deemed to be involved in terrorism if it-

 (a)  commits or participates in acts of terrorism, or

 (b)  prepares for terrorism, or

 (c)  promotes or encourages terrorism, or

 (d)  is otherwise involved in terrorism.

 36.  Denotification of a terrorist organization.-(1) An application may be made to the Central Government for the 

      exercise of its power under clause (c) of sub-section (1) of section 35 to remove an organisation from the 

      Schedule.

 (2)  An application under sub-section (1)may be made by-

 (a)  the organisation, or

 (b)  any person affected by inclusion of the organisation in the Schedule as a terrorist organisation.

 (3)  The Central Government may prescribe the procedure for admission and disposal of an application made under 

      this section.

 (4)  Where an application under sub-section (1) has been rejected the applicant may apply for a review to the 

      Review Committee constituted by the Central Government under sub-section (1) of section 37 within one month 

      from the date of receipt of the order of such refusal by the applicant.

 (5)  The Review Committee may allow an application for review against rejection to remove an organisation from the 

      Schedule, if it considers that the decision to reject was flawed when considered in the light of the 

      principles applicable on an application for judicial review.

 (6)  Where the Review Committee allows review under sub-section (5) by or in respect of an organisation, it may 

      make an order to such effect.

 (7)  Where an order is made under sub-section (6), the Central Government shall, as soon as the certified copy of 

      the order is received by it, make an order removing the organisation from the Schedule.

 37.  Review Committees.-(1)  The Central Government shall constitute one or more Review Committees for the 

      purposes of section 36.

 (2)  Every such Committee shall consist of a Chairperson and such other members not exceeding three and possessing 

      such qualifications as may be prescribed.

 (3)  A Chairperson of the Committee shall be a person who is, or has been, a Judge of a High Court, who shall be 

      appointed by the Central Government and in the case of appointment of a sitting Judge, the concurrence of 

      the Chief Justice of the concerned High Court shall be obtained.

 38.  Offence relating to membership of a terrorist organization.-(1) A person, who associates himself, or 

      professes to be associated, with a terrorist organisation with intention to further its activities, commits 

      an offence relating to membership of a terrorist organisation: Provided that this sub-section shall not apply

      where the person charged is able to prove-(a)  that the organisation was not declared as a terrorist 

      organisation at the time when he became a member or began to profess to be a member; and (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.

 (2)  A person, who commits the offence relating to membership of a terrorist organisation under sub-section (1), 

      shall be punishable with imprisonment for a term not exceeding ten years, or with fine, or with both.

 39.  Offence relating to support given to a terrorist organization.-(1) A person commits the offence relating to 

      support given to a terrorist organisation,-(a)  who, with intention to further the activity of a terrorist 

      organisation,-

 (i)  invites support for the terrorist organisation, and

 (ii) the support is not or is not restricted to provide  money or other property within the meaning of section 

      40; or (b)  who, with intention to further the activity of a terrorist organisation, arranges, manages or 

      assists in arranging or managing a meeting which he knows is-

 (i)  to support the terrorist organisation, or

 (ii) to further the activity of the terrorist organisation, or

 (iii)to be addressed by a person who associates or professes to be associated with the terrorist organisation; or 

      (c)  who, with intention to further the activity of a terrorist organisation, addresses a meeting for the 

      purpose of encouraging support for the terrorist organisation or to further its activity.(2)  A person, 

      who commits the offence relating to support given to a terrorist organisation under sub-section (1) shall 

      be punishable with imprisonment for a term not exceeding ten years, or with fine, or with both.

 40.  Offence of raising fund for a terrorist organization.-(1)  A person commits the offence of raising fund for 

      a terrorist organisation, who, with intention to further the activity of a terrorist organisation,- (a) 

      invites another person to provide money or other property, and intends that it should be used, or has 

      reasonable cause to suspect that it might be used, for the purposes of terrorism; or (b)  receives money or 

      other property, and intends that it should be used, or has reasonable cause to suspect that it might be used,

      for the purposes of terrorism; or(c)  provides money or other property, and knows, or has reasonable cause 

      to suspect, that it would or might be used for the purposes of terrorism.

Explanation.-For the purposes of this sub-section, a reference to provide money or other property includes of its 

      being given, lent or otherwise made available, whether or not for consideration.

 (2)  A person, who commits the offence of raising fund for a terrorist organisation under sub-section (1), shall 

      be punishable with imprisonment for a term not exceeding fourteen years, or with fine, or with both.

 CHAPTER   VII

 MISCELLANEOUS

 41.  Continuance of association.-An association shall not be deemed to have ceased to exist by reason only of any 

      formal act of its dissolution or change of name but shall be deemed to continue so long as any actual 

      combination for the purposes of such association continues between any members thereof.

 42.  Power to delegate.-The Central Government may, by notification in the Official Gazette, direct that all or 

      any of the powers which may be exercised by it under section 7, or section 8, or both, shall, in such 

      circumstances and under such conditions, if any, as may be specified in the notification, be exercised also by 

      any State Government and the State Government may, with the previous approval of the Central Government, by 

      order in writing, direct that any power which has been directed to be exercised by it shall, in such 

      circumstances and under such conditions, if any, as may be specified in the direction, be exercised by any 

      person subordinate to the State Government as may be specified therein. 

 43. Officers competent to investigate offences under Chapter IV and VI.-Notwithstanding anything contained in 

     the Code, no police officer,-(a) in the case of the Delhi Special Police Establishment, constituted under 

     sub-section (1) of section 2 of the Delhi Special Police Establishment Act, 1946 (25 of 1946), below 

     the rank of a Deputy Superintendent of Police or a police officer of equivalent rank;

 (b) in the metropolitan areas of Mumbai, Kolkata, Chennai and Ahmedabad and any other metropolitan area 

     notified as such under sub-section (1) of section 8 of the Code, below the rank of an Assistant Commissioner 

     of Police;

 (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,shall investigate any offence punishable under Chapter IV or VI.

 44. Protection of witnesses.-(1) Notwithstanding anything contained in the Code, the proceedings under this Act

     may, for reasons to be recorded in writing, be held in camera if the court so desires.

 (2) A court, if on an application made by a witness in any proceeding before it or by the Public Prosecutor in 

     relation to such witness or on its own motion,is satisfied that the life of such witness is in danger, it 

     may, for reasons to be recorded in writing, take such measures as it deems fit for keeping the identity 

     and address of such witness secret.

 (3) In particular, and without prejudice to the generality of the provisions of sub-section (2), the measures 

     which a court may take under that sub-section may include-(a) the holding of the proceedings at a place to 

     be decided by the court;

 (b) the avoiding of the mention of the name and address of the witness in its orders or judgments or in 

     any records of the case accessible to public;

 (c) the issuing of any directions for securing that the identity and address of the witness are not 

     disclosed;

 (d) a decision that it is in the public interest to order that all or any of the proceedings pending before 

     such a court shall not be published in any manner.

 (4) Any person who contravenes any decision or direction issued under sub-section (3) shall be punishable 

     with imprisonment for a term which may extend to three years, and shall also be liable to fine. 

 45. Cognizance of offences.-No court shall take cognizance of any offence-

 (i) under Chapter III without the previous sanction of the Central Government or any officer authorised by 

     the Central Government in this behalf;

 (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.

 46. Admissibility of evidence collected through the interception of communications.-Notwithstanding anything 

     contained in the Indian Evidence Act, 1872 (1 of 1872) or any other law for the time being in force, the

     evidence collected through the inter-ception of wire,electronic or oral communication under  the 

     provisions of the Indian Telegraph Act, 1885 (13 of 1885) or the Information Technology Act, 2000 

     (21 of 2000) or any other law for the time being in force,shall be admissible as evidence against the 

     accused in the court during the trial of a case:Provided that the contents of any wire, electronic or 

     oral communication intercepted or evidence derived therefrom shall not be received in evidence or 

     otherwise disclosed in any trial, hearing or other proceeding in any court unless each accused has been

     furnished with a copy of the order of the competent authority under the aforesaid law,under which the 

     interception was directed, not less than ten days before trial, hearing or proceeding: Provided further 

     that the period of ten days may be waived by the judge trying the matter, if he comes to the conclusion 

     that it was not possible to furnish the accused with such order ten days before the trial, hearing or 

     proceeding and that the accused shall not be prejudiced by the delay in receiving such order.

 47. Bar of jurisdiction.-(1) Save as otherwise expressly provided in this Act, no proceeding taken under this

     Act by the Central Government or the District Magistrate or any officer authorised in this behalf by the 

     Central Government or the District Magistrate, shall be called in question in any civil court in any suit 

     or application or by way of appeal or revision, and no injunction shall be granted by any civil court or 

     other authority in respect of any action taken or to be taken in pursuance of any power conferred by or 

     under this Act.

     (2) Notwithstanding anything contained in sub-section (1), no civil court or other authority shall have, 

     or be entitled to exercise, any jurisdiction, powers or authority in relation to the matters referred to

     in section 36.

 48. Effect of Act and rules, etc., inconsistent with other enactments.-The provisions of this Act or any rule 

     or order made thereunder shall have effect notwithstanding anything inconsistent therewith contained in 

     any enactment other than this Act or any instrument having effect by virtue of any enactment other than 

     this Act. 

 49. Protection of action taken in good faith.-No suit, prosecution or other legal proceeding shall lie 

     against-(a) the Central Government or a State Government or any officer or authority of the 

     Central Government or State Government or District Magistrate or any officer authorised in this behalf by 

     the Government or the District Magistrate or any other authority on whom powers have been conferred under 

     this Act, for anything which is in good faith done or purported to be done in pursuance of this Act or 

     any rule or order made thereunder; and (b)  any serving or retired member of the armed forces or 

     para-military forces in respect of any action taken or purported to be taken by him in good faith, in 

     the course of any operation directed towards combating terrorism.

 50. Saving.-Nothing in this Act shall affect the jurisdiction exercisable by, or the procedure applicable to, 

     any court or other authority under any law relating to the navy, army or air force or other armed forces 

     of the Union.

 51. Impounding of passport and arms licence of person chargesheeted under the Act.-Notwithstanding anything 

     contained in any other law for the time being in force, the passport and the arms licence of a person, 

     who is charge-sheeted for having committed any offence under this Act, shall be deemed to have been 

     impounded for such period as the court may deem fit.

 52. Power to make rules.-(1) The Central Government may, by notification in the Official Gazette, make rules 

     for carrying out the provisions of this Act.

 (2)  In particular, and without prejudice to the generality of the foregoing powers, such rules may provide 

      for all or any of the following matters, namely:-(a) the service of notices or orders issued or made 

      under this Act and the manner in which such notices or orders may be served, where the person to be 

      served is a corporation, company, bank or other association;

 (b)  the procedure to be followed by the Tribunal or a District Judge in holding any inquiry or disposing 

      of any application under this Act;

 (c) determination of the price of the forfeited property under sub-section (2) of section 28;

 (d) the procedure for admission and disposal of an application under sub-section (3) of section 36;

 (e) the qualifications of the members of the Review Committee under sub-section (2) of section 37; and

 (f) any other matter which is required to be, or may be, prescribed.

 53. Orders and rules to be laid before hoth Houses of Parliament.-Every order and every rule made by the 

     Central Government under this Act shall be laid, as soon as may be after it is made, before each House 

     of Parliament, while it is in session, for a total period of thirty days which may be comprised in one 

     session or in two or more successive sessions, and if, before the expiry of the session immediately 

     following the session or the successive sessions aforesaid, both Houses agree in making any modification 

     in the order or rule or both Houses agree that the order or rule should not be made, the order or rule 

     shall thereafter have effect only in such modified form or be of no effect, as the case may be; so,

     however, that any such modification or annulment shall be without prejudice to the validity of anything

     previously done under that order or rule.

 THE SCHEDULE

 [See  sections  2(1)(m) and 35]

 TERRORIST ORGANISATIONS

         1.         BABBAR  KHALSA  INTERNATIONAL.

         2.         KHALISTAN  COMMANDO  FORCE.

         3.         KHALISTAN  ZINDABAD  FORCE.

         4.         INTERNATIONAL  SIKH  YOUTH  FEDERATION.

         5.         LASHKAR-E-TAIBA/PASBAN-E-AHLE HADIS.

         6.         JAISH-E-MOHAMMED/TAHRIK-E-FURQAN.

         7.         HARKAT-UL-MUJAHIDEEN/HARKAT-UL-ANSAR/HARKAT-UL-JEHAD-E-ISLAMI.

         8.         HIZB-UL-MUJAHIDEEN/HIZB-UL-MUJAHIDEEN PIR PANJAL REGIMENT.

         9.         AL-UMAR-MUJAHIDEEN.

         10.       JAMMU  AND  KASHMIR  ISLAMIC  FRONT.

         11.       UNITED  LIBERATION  FRONT  OF  ASSAM  (ULFA).

         12.       NATIONAL  DEMOCRATIC  FRONT  OF  BODOLAND  (NDFB).

         13.       PEOPLE'S  LIBERATION  ARMY  (PLA).

         14.       UNITED  NATIONAL  LIBERATION  FRONT  (UNLF).

         15.       PEOPLE'S  REVOLUTIONARY  PARTY  OF  KANGLEIPAK  (PREPAK).

         16.       KANGLEIPAK  COMMUNIST  PARTY  (KCP).

         17.       KANGLEI  YAOL  KANBA  LUP  (KYKL).

         18.       MANIPUR  PEOPLE'S  LIBERATION  FRONT  (MPLF).

         19.       ALL  TRIPURA  TIGER  FORCE.

         20.       NATIONAL  LIBERATION  FRONT  OF  TRIPURA.

         21.       LIBERATION  TIGERS  OF  TAMIL  EELAM  (LTTE).

         22.       STUDENTS  ISLAMIC  MOVEMENT  OF  INDIA.

         23.       DEENDAR  ANJUMAN.

         24.        COMMUNIST  PARTY  OF  INDIA  (MARXIST-LENINIST)-PEOPLE'S  WAR,  ALL ITS  FORMATIONS  AND

                    FRONT  ORGANISATIONS.

         25.       MAOIST  COMMUNIST  CENTRE  (MCC),  ALL  ITS  FORMATIONS  AND 

                    FRONT  ORGANISATIONS.

         26.       AL  BADR.

         27.       JAMIAT-UL-MUJAHIDDEN.

         28.       AL-QAIDA. 

         29.       DUKHTARAN-E-MILLAT  (DEM).

         30.       TAMIL  NADU  LIBERATION  ARMY  (TNLA).

         31.       TAMIL  NATIONAL  RETRIEVAL  TROOPS  (TNRT).

         32.       AKHIL  BHARAT  NEPALI  EKTA  SAMAJ  (ABNES).'. 

8. Repeal and saving.

  8. Repeal and saving.-(1) The Unlawful Activities (Prevention) Amendment Ordinance, 2004 (Ord. 2 of 2004) 

     is hereby repealed.

(2)  Notwithstanding such repeal, anything done or any action taken under the principal Act, as amended by 

     the said Ordinance, shall be deemed to have been done or taken under the principal Act, as amended by 

     this Act.

T. K. VISWANATHAN,

Secy. to the Govt. of India.