UAPA Sections 51, 51A, 52 and 53: Passport Impounding, Asset Freezing and Rule-Making

Section 51: Impounding of passport and arms licence of person charge-sheeted

Section 51 provides that, notwithstanding anything in any other law, the passport and arms licence of a person charge-sheeted for an offence under UAPA are deemed to have been impounded for the period that the court considers appropriate.

The provision is triggered by a charge sheet for an offence under the Act; it does not state that a conviction must first be secured. The duration is determined by the court. It applies specifically to the passport and arms licence, not to every licence or identification document.

Section 51A: Certain powers of the Central Government

Section 51A was inserted by section 14 of the Unlawful Activities (Prevention) Amendment Act, 2008 (Act 35 of 2008), effective 31 December 2008. For preventing and dealing with terrorist activities, it authorises the Central Government to take the following measures:

Section 51A(a): Freezing, seizure or attachment

Freeze, seize or attach funds, financial assets or economic resources held by, on behalf of, or at the direction of individuals or entities listed in the Schedule to the Order, or any other person engaged in or suspected of engaging in terrorism.

Section 51A(b): Prohibition on making resources available

Prohibit any person or entity from making funds, financial assets, economic resources or related services available for the benefit of listed individuals or entities, or other persons engaged in or suspected of engaging in terrorism.

Section 51A(c): Entry and transit restrictions

Prevent entry into India or transit through India by individuals listed in the Schedule to the Order or other persons engaged in or suspected of engaging in terrorism.

Meaning of the Order: The reference to the Order and its Schedule is linked to the United Nations Security Council measures identified in the UAPA Schedule (including the Order referred to in entry 33). Section 51A should be read with the relevant, currently operative government orders, procedures and designated lists; it is not itself a list of designated persons.

For implementation instructions, see the Ministry of Home Affairs, Counter Terrorism and Counter Radicalization Division and the official UAPA text.

Section 52: Power to make rules

Section 52(1) authorises the Central Government to make rules by notification in the Official Gazette to carry out the Act.

Section 52(2) lists particular subjects on which rules may be made, without limiting the general rule-making power:

• Clause (a): Service of notices or orders, including the method of service on a corporation, company, bank or other association.
• Clause (b): Procedure for inquiries and applications before a Tribunal or District Judge.
• Clause (c): Determining the price of forfeited property under section 28(2).
• Clause (d): Procedure for admission and disposal of an application under section 36(3).
• Clause (e): Qualifications of members of the Review Committee under section 37(2).
• Clause (ee): Time limits for the recommendation and prosecution sanction process under section 45(2).
• Clause (f): Other matters required or permitted to be prescribed.

Clause (ee) was inserted by section 15 of the 2008 Amendment Act, effective 31 December 2008. The detailed requirements and applicable deadlines are found in the rules made under the Act, rather than in the wording of section 52 alone.

Section 53: Orders and rules to be laid before Parliament

Section 53(1): Parliamentary scrutiny

Every order and rule made by the Central Government under UAPA must be laid before each House of Parliament as soon as practicable after it is made, for an aggregate period of 30 days during one session or two or more successive sessions.

If both Houses agree, before the end of the immediately following session, to modify or annul the order or rule, it thereafter operates only in its modified form or ceases to have effect. Such modification or annulment does not invalidate actions already taken under the order or rule.

Section 53(2): Order specified in the Schedule

The Order referred to in entry 33 of the UAPA Schedule, and each amendment to that Order, must also be laid before both Houses of Parliament for a total of 30 days while they are in session, in one or more successive sessions. Subsection (2) was added by section 16 of the 2008 Amendment Act, effective 31 December 2008.

Official legislation and related provisions

Primary sources: Unlawful Activities (Prevention) Act, 1967 (official India Code PDF); India Code Act record; and the Unlawful Activities (Prevention) Amendment Act, 2008.

For connected provisions, read sections 44 to 46 (including prosecution sanction), sections 47 to 50 and the UAPA overview.

Reviewed October 2026. Consult the operative Gazette notifications, rules, schedules and court decisions for application to a particular matter.