Unlawful Activities (Prevention) Act, 1967: An Act to accommodate the more compelling avoidance of certain unlawful exercises of people and affiliations, and for managing psychological oppressor exercises, and for the issue associated therewith.
In this Act, except if the setting in any case requires, —
(a) “affiliation” signifies any blend or assortment of people;
(b) “cession of a piece of the domain of India ” incorporates affirmation of the case of any far-off nation to any such part;
(c) “Code” signifies the Code of Criminal Procedure, 1973 (2 of 1974);
(d) “court” signifies a criminal court having purview, under the Code, to attempt offenses under this Act 2 [and incorporates an extraordinary court established under area 11 or under segment 21 of the National Investigation Agency Act, 2008 (34 of 2008);]
“unlawful action”, according to an individual or affiliation, implies any activity taken by such individual or affiliation (regardless of whether by submitting a demonstration or by words, either spoken or composed, or by signs or by noticeable portrayal or something else), —
(I) which is planned, or upholds any case, to achieve, on any ground at all, the cession of a piece of the domain of India or the severance of a piece of the region of India from the Union, or which impels any individual or gathering of people to achieve such cession or withdrawal; or
(ii) which disavows, questions, upsets, or is proposed to disturb the power and regional uprightness of India; or
(iii) which causes or is proposed to cause irritation against India;
(p) “unlawful affiliation” signifies any affiliation, —
(I) which has for its item any unlawful movement, or which urges or helps people to embrace any unlawful activity, or of which the individuals attempt such action; or
(ii) which has for its item any action which is culpable under area 153A or segment 153B of the Indian Penal Code (45 of 1860), or which urges or helps people to attempt any such movement, or of which the individuals embrace any such action: Provided that nothing contained in sub-provision (ii) will apply to the State of Jammu and Kashmir;
(q) words and articulations utilized yet not characterized in this Act and characterized in the Code will have the implications separately doled out to them in the Code.
(2) Any reference in this Act to any authorization or any arrangement thereof will, comparable to a space wherein such establishment or such arrangement isn’t in power, be understood as a kind of perspective to the relating law or the pertinent arrangement of the comparing law, assuming any, in power in that area.]
Presentation of a relationship as unlawful. —
(1) If the Central Government is of assessment that any affiliation is, or has become, an unlawful affiliation, it might, by warning in the Official Gazette, pronounce such relationship to be unlawful.
(2) Every such notice will determine the grounds on which it is given and such different specifics as the Central Government may think about important: Provided that nothing in this subsection will require the Central Government to uncover any reality which it considers to be against the public interest to reveal.
(3) No such notice will have an impact until the Tribunal has, by a request made under area 4, affirmed the announcement made in that and the request is distributed in the Official Gazette: Provided that if the Central Government is of assessment that conditions exist which render it vital for that Government to pronounce a relationship to be unlawful with prompt impact, it might, for motivations to be expressed recorded as a hard copy, direct that the notice will, subject to any request that might be made under segment 4, have an impact from the date of its distribution in the Official Gazette.
(4) Every such notice will, notwithstanding its distribution in the Official Gazette, be distributed in at the very least one day by day paper having a course in the State in which the chief office, assuming any, of the affiliation influenced, is arranged, and will be served on such relationship in such way as the Central Government may figure fit and all or any of the accompanying modes might be continued in affecting such assistance, in particular: —
(a) by appending a duplicate of the warning to some prominent piece of the workplace, if any of the affiliation; or
(b) by serving a duplicate of the notice, where conceivable, on the key office carriers, if any of the affiliation; or
(c) by announcing by the beat of drum or through amplifiers, the substance of the notice nearby in which the exercises of the affiliation are customarily continued; or
(d) in such other way as might be endorsed.
