1. Short title and extent
Who does this law apply to?This law applies to:
- Every person in India;
- Persons outside of India who commit these crimes;
- Indian citizen abroad who commit any crime;
- Government servants;
- Persons who commit these crimes on an Indian ship or plane.
This section will define certain key terms that will be used repeatedly throughout the Act. Whenever these terms appear in this Act after this section, they will have the meanings that are explained here.
Who is a 'person' under this law?A person is defined broadly to not only include a human being, but also any legal entity.
What does 'proceeds of terrorism' mean?It means money or property either earned through terrorist activities, or to be used in terrorist activities.
What is 'unlawful activity' under this law?
- Encouraging separatism from India.
- Damaging India's status as a sovereign nation in any way.
- Causing hatred against India.
What is an 'unlawful association'?Any organisation that has the goal of
- encouraging the 'unlawful activities' explained above, or
- causing hatred between different social groups,
3. Declaration of an association as unlawful
What are 'unlawful associations'?The Central Government maintains a list of unlawful associations. It can add items to this list if it thinks that
- the organisation's activities are supporting secession from India, or
- the organisation is trying to affect India's status as an independent nation, or
- the organisation is causing enmity towards India.
What is the outcome of this list?Once an organisation is on this list, membership of such an organisation becomes a crime. Money going to it can be blocked and the places it uses can be monitored.
How is this list updated?When adding any association to the list, the Central Government has to explain why it was added. However, if revealing any fact is against public interest, the Central Government can keep it secret.Additions to the list have to be approved by the UAPA Tribunal and published in the Gazette.However, if it is an urgent matter, the addition can be finalised before approval is taken.The addition has to be made public. It has to be:
- published in a newspaper;
- put up as a notice in the unlawful association's office; or
- announced in public in places where the association operates.
4. Reference to Tribunal
How is the 'unlawful association' list confirmed?The Central Government is supposed to refer all additions to the unlawful associations list to the UAPA Tribunal in 30 days' time.The Tribunal then hears from the association, gets more information on the matter and either confirms or cancels the Central Government's addition.
What is the UAPA Tribunal?The Tribunal is basically a current High Court Judge who has the power to decide on various issues under this law.
6. Period of operation and cancellation of notification
How long does an association stay on the 'unlawful' list?Once the Tribunal has approved it, the addition stays for 5 years. However, the Central Government can cancel it at any time.
7. Power to prohibit the use of funds of an unlawful association
What happens once an organization is on the 'unlawful' list?In relation to its money:
- Any money being used by that organization can be blocked.
- The accounts of the organisation can be examined, and people connected to the money can be questioned.
- If any money is blocked, it can be challenged in a District Court within 15 days.
8. Power to notify places used for the purpose of an unlawful association
What happens once an association is on the 'unlawful' list?If there is any place, like a house or a building, that is being used by the association, the Government can:
- Notify that place.
- Prevent people who don't live there from entering that place without permission from the District Magistrate.
- Search any persons entering that place (by a Sub-Inspector rank or above).
- Make a list of items in the place, and prevent their use, if they are being used for the unlawful association.
- The District Magistrate can give specific orders before allowing any person to enter the place. If a person disobeys, he can be made to leave the place.
9. Procedure to be followed in the disposal of applications under this ActSubject 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; 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.
10. Penalty for being members 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."
What happens to members of unlawful associations?
| Helping out the organisation by: ||Up to 2 years' jail, and also fine.|
|Causing death, while being a member of the organisation, and carrying guns, bombs or other weapons of mass destruction.||Death sentence, or life imprisonment and fine.|
|As a member, if you seriously hurt any person or property while carrying such weapons.||Minimum jail time: 5 years Maximum jail time: Life Imprisonment|
11. Penalty for dealing with funds of an unlawful associationIf any person on whom a prohibitory order has been served under sub-section (1) of section 7 in respect of any moneys, securities or credits pays, delivers, transfers or otherwise deals in any manner whatsoever with the same in contravention of the prohibitory order, he shall be punishable with imprisonment for a term which may extend to three years, or with fine or with both, and notwithstanding anything contained in the Code, the court trying such contravention may also impose on the person convicted an additional fine to recover from him the amount of the moneys or credits or the market value of the securities in respect of which the prohibitory order has been contravened or such part thereof as the court may deem fit.
What happens if you handle money for an unlawful association?If there is an order against you blocking you from handling any money, and you disobey the order:
- You can go to jail for up to 3 years, or you can be fined
- The Court can also fine you the amount that you were handling.
12. Penalty for contravention of an order made in respect of a notified place
What happens if you violate an order regarding any place?If the Government has notified a place, saying it was used by an unlawful association:
- Disobeying such an order can lead to 1 year of jail and also fine.
13. Punishment for unlawful activities
What actions are punished as 'unlawful activities'? What are the punishments?If you:
- do any unlawful activity (such as encouraging violent hatred of India as a country), or
- encourage, or help an unlawful association to do an unlawful activity
14. Offences to be cognizableNotwithstanding anything contained in the Code, an offence punishable under this Act shall be cognizable.
15. Terrorist act
What is an act of terrorism?This is the main law that defines terrorist acts in Indian law. The following are the types of terrorist acts:
| Bombings or other actions to destabilize the country: |
|Trying to kill an important government official.|
|Hijacking or kidnapping in order to force the government to do something.|
|Acts that are listed in the Second Schedule of this Act are also terrorist acts.|
16. Punishment for terrorist act
What is the punishment for a terrorist act?
|Some has died as a result of the terrorist act||Death sentence, or life imprisonment|
|If no one has died||Minimum: 5 years Maximum: Life imprisonment|
17. Punishment for raising fund for terrorist actWhoever, in India or in a foreign country, directly or indirectly, raises or provides funds or collects funds, whether from a legitimate or illegitimate source, from any person or persons or attempts to provide to, or raises or collects funds for any person or persons, knowing that such funds are likely to be used, in full or in part by such person or persons or by a terrorist organisation or by a terrorist gang or by an individual terrorist to commit a terrorist act. notwithstanding whether such funds were actually used or not for commission of such 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. Explanation.--For the purpose of this section,-- (a) participating, organising or directing in any of the acts stated therein shall constitute an offence; (b) raising funds shall include raising or collecting or providing funds through production or smuggling or circulation of high quality counterfeit Indian currency; and (c) raising or collecting or providing funds, in any manner for the benefit of, or, to an individual terrorist, terrorist gang or terrorist organisation for the purpose not specifically covered under section 15 shall also be construed as an offence.
What is the crime of financing terrorists?
If a person collects money, from any source, in order to help a terrorist, he can go to jail for 5 years to life.He must know that the money was going to be used by a terrorist or a group of terrorists.It doesn't matter if he actually manages to collect any money, or if the money was actually used. He will be held guilty anyway if he tried to collect the money and help a terrorist financially.
18. Punishment for conspiracy, etc.Whoever conspires or attempts to commit, or advocates, abets, advises or incites, directly 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.
|Working with others to commit a terrorist act.||5 years to life imprisonment|
18A. Punishment for organizing of terrorist campsWhoever organises or causes to be organised any camp or camps for imparting training in terrorism 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.
|Organising training camps for terrorists.||5 years to life imprisonment|
18B. Punishment for recruiting of any person or persons for terrorist actWhoever recruits or causes to be recruited any person or persons for 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.
|Getting other people involved in doing a terrorist act.||5 years to life imprisonment|
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.
|Hiding a terrorist, while knowing he is a terrorist.||3 years to life imprisonment|
20. Punishment for being member of terrorist gang or organisationAny 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.
|Belonging to a terrorist organisation.||Up to life imprisonment|
21. Punishment for holding proceeds of terrorismWhoever 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.
|Owning property gained as a result of a terrorist act.||Up to life imprisonment|
22. Punishment for threatening witnessWhoever 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.
|Threatening a witness under this law.||Up to life imprisonment|
22A. Offences by companies
Can a company be punished in connection with a terrorist act?Yes, actions like being involved in terrorism funding can be committed by companies. The company will be directly prosecuted by the government.In addition, the people in charge can be prosecuted. Such people will have to prove that they did not know about the illegal actions committed by the company.If any officer was directly involved in the crime, they can be prosecuted as individuals as well.
22B. Offences by societies or trusts
Can a society or trust be punished in connection with a terrorist act?Yes, actions like being involved in terrorism funding can be committed by societies or trusts. The society or trust will be directly prosecuted by the government.In addition, the people in charge can be prosecuted. Such people will have to prove that they did not know about the illegal actions committed by the company.If any officer was directly involved in the crime, they can be prosecuted as individuals as well.
22C. Punishment for offences by companies, societies or trustsWhere any offence under the Act has been committed by a company or a society or a trust, as the case may be, every person (including promoter of company or trust or settlor of the trust) who at the time of the offence was either in charge or responsible for the conduct of the business shall be punishable with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life and shall also be liable with fine which shall not be less than five crore rupees and which may extend to ten crore rupees.
What is the punishment for members of a company, society or trust involved in terrorist activities?The punishment for this crime is between 7 years and life imprisonment. The fine will be between rupees five crores and ten crores.
23. Enhanced penalties
What happens if other laws are broken during a terrorist act?
For some crimes, like handling bombs or illegal weapons, the punishment can be increased if the crime was committed in connection with terrorism.
24. Reference to proceeds of terrorism to include any property intended to be used for terrorismIn this Chapter, unless the context otherwise requires, all references to "proceeds of terrorism" shall include any property intended to be used for terrorism.
This section defines 'proceeds of terrorism' widely, to include money generated through terrorist activity and also money being used for terrorist activity.
24A. Forfeiture of proceeds of terrorism
What happens to money or property connected to terrorism?The Government can take control of it, according to the process described in this Chapter of the law.
25. Powers of investigating officer and designated authority and appeal against order of designated authority
What is the process for taking control of property related to terrorism?While investigating a terrorism related crime, an officer can come across property he suspects is connected to the crime. He can take control of it with the approval of the Director General of Police.The 'Designated Authority' which is either a Joint Secretary of the Central Government or Secretary in the State Government has to approve the order within 60 days. In cases involving cash, it has to be approved within 48 hours.The person whose property was taken can present his case to this Authority first. He can also go to court to argue against this action.
26. Court to order forfeiture of proceeds of terrorismWhere 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.
What happens to property seized in connection to terrorism?If a police officer takes control of property under this law, it can be permanently taken over by the Government, by an order of the court.
27. Issue of show cause notice before forfeiture of proceeds of terrorism
What is the procedure for this?
- Before permanently taking over the property, the court has to hear the arguments of the owner. If the court orders the forfeiture of the property anyway, the owner can appeal to the High Court.
- If the owner proves he has no knowledge of the terrorism connection, his property should not be taken over.
- The court can order that the property be sold off. The court can also impose any other punishment on the person, in keeping with this law.
29. Order of forfeiture not to interfere with other punishmentsThe 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.
If a different person, who is not the owner, claims the property, the Authority will hear him as long as it does not delay matters too much.
30. Claims by third party
31. Powers of designated authorityThe 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.
The Authority has powers similar to a court.
32. Certain transfers to be null and voidWhere, 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.
In case any property is sold off after the government has taken over, the sale will be invalid.
33. Forfeiture of property of certain persons
Whenever a person is in trial, or found guilty of any crime under this law, the court can also take over his property.
34. Company to transfer shares to governmentWhere any share in a company stands forfeited to the Central Government or the State Government, as the case may be, under this Chapter, then, the company shall, 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.
In case the property that government takes over is shares of a company, the company has to register the government as the new owner.
35. Amendment of Schedule, etc.
The government keeps a list of identified terrorist organisations in the First Schedule to this law. The Central Government can add or remove organisations from this list if it believes that an organisation is involved with terrorism in any way.
36. De-notification of a terrorist organisation
How does a group get removed from the list?If a group has been named in the list of terrorist organisations, it can apply to the Central Government to review the decision.The decision will be reviewed by a Committee of three people, one of them being a High Court judge.If the Committee decides that the addition of the organisation was wrong (although the standard for this is very high), then Government has to remove the organisation.
37. Review committees
38. Offence relating to membership of a terrorist organisation
What are the crimes related to being a member of a terrorist organisation?
| Associating with a terrorist organisation. A person is guilty of this unless he can prove that: ||Up to 10 years|
39. Offence relating to support given to a terrorist organisation
What are the crimes related to supporting a terrorist organisation?
|Asking others to support a terrorist organisation.||Up to 10 years|
|Arranges meetings between people to assist a terrorist organisation.||Up to 10 years|
|Speaks at meetings to encourage support for a terrorist organisation.||Up to 10 years|
40. Offence of raising fund for a terrorist organisation
What are the crimes related to raising funds for a terrorist organisation?
|Raising or handling funds to be used for terrorism purposes. This includes forgery of money for these purposes.||Up to 14 years|
41. Continuance of associationAn 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.
What if an unlawful association changes its name?This will not be enough to make it lawful. As long as some of its members continue to act together, it continues to exist as an unlawful association.
42. Power to delegateThe 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.
This section has to do with government procedure. Usually, the Central Government has been given the power to issue orders about unlawful organisations. This section says that the State government can be granted these powers as well.
43. Officers competent to investigate offence under Chapters IV and VINotwithstanding 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 Chapter VI.
Only senior officers are allowed to investigate the main crimes under this law.
- For the police of major cities, it has to be an Assistant Police Commissioner or above.
- For the CBI (legally known as the Delhi Special Police Establishment), and all other types of police, it has to be a Deputy Superintendent or above.
43A. Power to arrest, search, etc.Any officer of the Designated Authority empowered in this behalf, by general or special order of the Central Government or the State Government, as the case may be, knowing of a design to commit any offence under this Act or has reason to believe from personal knowledge or information given by any person and taken in writing that any person has committed an offence punishable under this Act or from any document, article or any other thing which may furnish evidence of the commission of such offence or from any illegally acquired property or any document or other article which may furnish evidence of holding any illegally acquired property which is liable for seizure or freezing or forfeiture under this Chapter is kept or concealed in any building, conveyance or place, may authorise any officer subordinate to him to arrest such a person or search such building, conveyance or place whether by day or by night or himself arrest such a person or search a such building, conveyance or place.
Powers of arrest under this law -The powers of arrest under this law are wider than for ordinary criminal law. Certain officers can arrest a person based on personal knowledge, or any other source of information.
43B. Procedure of arrest, seizure etc.
What happens when someone is arrested under this law?
- They have to be told why they are being arrested.
- They have to be taken to the officer in charge of the nearest police station.
- Otherwise the general law will apply.
43C. Application of provisions of CodeThe provisions of the Code shall apply, insofar as they are not inconsistent with the provisions of this Act, to all arrests, searches and seizures made under this Act.
43D. Modified application of certain provisions of the Code
Are criminal procedures different for terrorism trials than other trials?
Yes, in some respects. This section explains when criminal trial procedure will be different.
- The police can investigate every crime under this law. They never need permission from a Magistrate to start investigation.
- Under this law, the police can arrest and hold a person without warrant for longer periods than for other crimes.
- Anticipatory bail (where you are given bail even before you get arrested) is not available under this law.
- Bail is much stricter under this law. If the judge believes that the accusations are not completely unbelievable, bail is usually denied. A foreign citizen is granted bail even more rarely.
- Usually, the State Government has the power to order that certain prisoners are not taken out of prison to be taken to court. Under this law, this power is given to the Central Government as well.
43E. Presumption as to offence under section 15In a prosecution for an offence under section 15, if it is proved -- (a) that the arms or explosives or any other substances specified in the said section were recovered from the possession of the accused and there is reason to believe that such arms or explosives or other substances of a similar nature were used in the commission of such offence; or (b) that by the evidence of the expert the finger-prints of the accused or any other definitive evidence suggesting the involvement of the accused in the offence were found at the site of the offence or on anything including arms and vehicles used in connection with the commission of such offence, the Court shall presume, unless the contrary is shown, that the accused has committed such offence.
Presumption of innocence in a terrorism trial is different from general law on crimes. Usually, it is presumed that a person is innocent until proven guilty. This section says that:
- if guns or bombs, similar to those used in a terrorist attack are found with the accused person, or
- if fingerprints or other strong evidence is found connecting the accused person;
43F. Obligation to furnish information
It is a crime to not give information in connection with a terrorism investigation. If a police officer is investigating a crime under this law, he can, with permission from the Superintendent, order any person or entity to give information. Failure to do so is a crime.
44. Protection of witnesses
What measures are there to protect witnesses appearing in terrorism trials?
- The trial can be held in a closed room, without members of the public attending.
- The judge can order any measures necessary to protect the life of a witness. This can include:
- not mentioning the witnesses' name in public documents;
- holding the trial in a safer location; or
- ordering that the identity of the witnesses be kept secret.
- Violation of orders like these can lead to jail for up to three years.
45. Cognizance of offences
This deals with legal procedure. Usually, courts can start criminal proceedings on their own. Under this law, however, for a court to start a trial for a crime under this law, it needs approval from the government, who will first review the case.
46. Admissibility of evidence collected through the interception of communicationsNotwithstanding 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 interception 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.
Can proof collected through wiretaps be used in a terrorism trial?Yes. This is not allowed for other crimes, but is allowed for terrorism offences.The accused persons will have to be told 10 days in advance that this wiretap evidence is going to be used.If for some reason it is not possible to tell the accused person 10 days in advance, the judge can choose to overlook the violation.
47. Bar of jurisdiction
This relates to legal procedure. It says that any action taken by the Central Government or a District Magistrate under this law, such as seizing property, cannot be questioned in a civil court.
48. Effect of Act and rules, etc inconsistent with other enactmentsThe 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.
This law will override other laws.
49. Protection of action taken in good faithNo 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 paramilitary 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.
This is a standard section in many laws. It says that if a government officer is acting sincerely under this law, then he cannot be sued for those actions.
50. SavingNothing 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.
A military court or a military officer's powers will not be affected by this law.
51. Impounding of passport and arms licence of person charge-sheeted under the ActNotwithstanding 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.
If a chargesheet is filed against a person under this law, his passport and arms license is automatically taken away.
51A. Certain powers of the Central GovernmentFor the prevention of, and for coping with terrorist activities, the Central Government shall have power to-- (a) freeze, seize or attach funds and other financial assets or economic resources held by, on behalf of or at the direction of the individuals or entities listed in the Schedule to the Order, or any other person engaged in or suspected to be engaged in terrorism; (b) prohibit any individual or entity from making any funds, financial assets or economic resources or related services available for the benefit of the individuals or entities listed in the Schedule to the Order or any other person engaged in or suspected to be engaged in terrorism; (c) prevent the entry into or the transit through India of individuals listed in the Schedule to the Order or any other person engaged in or suspected to be engaged in terrorism.
What are the financial powers of the Government in relation to terrorism?The Central Government can:
- freeze assets of any person,
- block anyone from giving funds to a suspected terrorist,
- block suspected terrorists from entering India.
52. Power to make rules
This section gives power to the Central Government to make rules under this law.
53. Orders and rules to be laid before both Houses of Parliament
If the Government issues an order under this law, it has to be presented in Parliament. The Parliament has the power to change or cancel the order.
THE FIRST SCHEDULE
[See sections 2(1)(m) and 35]
THE SECOND SCHEDULE
[See section 15(2)]
(i) Convention for the Suppression of Unlawful Seizure of Aircraft (1970); (ii) Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation (3971); (iii) Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents (1973); (iv) International Convention against the Taking of Hostages (1979); (v) Convention on the Physical Protection of Nuclear Material (1980); (vi) Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation (1988); (vii) Convention for the Suppression of Unlawful Acts against the safety of Maritime Navigation (1988); (viii) Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms located on the Continental Shelf (1988); and (ix) International Convention for the Suppression of Terrorist Bombings (1997).
THE THIRD SCHEDULE
[(See clause (b) of Explanation to Section 15(1)]
SECURITY FEATURES TO DEFINE HIGH QUALITY COUNTERFEIT INDIAN CURRENCY NOTES Watermark(s), Security thread and any one of the following features: (a) Latent image; (b) See through registration; (c) Print quality sharpness; (d) Raised effect; (e) Fluorescent characteristics; (f) Substrate quality; (g) Paper taggant; (h) Colour shift effect in OVI; (i) Colour shift effect in security thread.