Chapter II - Unlawful Associations

UAPA Sections 6, 7, 8 and 9: Notification Period, Funds, Notified Places and Procedure

Sections 6 to 9 of the Unlawful Activities (Prevention) Act, 1967 (UAPA) govern how long a declaration of an unlawful association remains effective, restrictions on its funds and premises, and procedures for challenges before the District Judge or the Tribunal.

These provisions work with sections 3 to 5, which regulate the declaration of unlawful associations, reference to the Tribunal and its constitution. The terms unlawful association and Tribunal are defined in section 2 of the Act; see sections 1 and 2.

Section 6 Period of operation and cancellation of notification

Section 6 fixes the duration of an effective declaration of an unlawful association. Once the Tribunal confirms a declaration under section 4, the notification ordinarily remains effective for five years from its effective date. The Central Government may cancel it earlier, either on its own initiative or on an application from an aggrieved person, even if the Tribunal has not confirmed the declaration.

The five-year period replaced the earlier two-year period through the Unlawful Activities (Prevention) Amendment Act, 2012 (Act 3 of 2013), effective 1 February 2013.

Read the detailed statutory provisions and sub-sections

(1) Subject to the provisions of sub-section (2), a notification issued under section 3 shall, if the declaration made therein is confirmed by the Tribunal by an order made under section 4, remain in force for a period of 1 [five years] from the date on which the notification becomes effective.

(2) Notwithstanding anything contained in sub-section (1), the Central Government may, either on its own motion or on the application of any person aggrieved, at any time, cancel the notification issued under section 3, whether or not the declaration made therein has been confirmed by the Tribunal.

Section 7 Power to prohibit the use of funds of an unlawful association.

Section 7 allows the Central Government to restrict money, securities or credits held for an association whose declaration as unlawful has become effective under section 3(3). It includes investigative powers, rules for service of the order and a right to challenge the restriction.

An affected person may apply to the jurisdictional District Judge within 15 days after service of the prohibitory order to establish that the assets are not used or intended for the unlawful association. Under section 7(6), a security includes a document acknowledging a legal liability to pay money or conferring a legal right to receive money.

Read the detailed statutory provisions and sub-sections

(1) Where an association has been declared unlawful by a notification issued under section 3 which has become effective under sub-section (3) of that section and the Central Government is satisfied, after such inquiry as it may think it, that any person has custody of any moneys, securities or credits which are being used or are intended to be used for the purpose of the unlawful association, the Central Government may, by order in writing, prohibit such person from paying, delivering, transferring or otherwise dealing in any manner whatsoever with such moneys, securities or credits or with any other moneys, securities or credits which may come into his custody after the making of the order, save in accordance with the written orders of the Central Government and a copy of such order shall be served upon the person so prohibited in the manner specified in sub-section (3).

(2) The Central Government may endorse a copy of the prohibitory order made under sub-section (1) for investigation to any gazetted officer of the Government it may select, and such copy shall be a warrant whereunder such officer may enter in or upon any premises of the person to whom the order is directed, examine the books of such person, search for moneys, securities or credits, and make inquiries from such person or any officer, agent or servant of such person, touching the origin of any dealings in any moneys, securities or credits which the investigating officer may suspect are being used or are intended to be used for the purpose of the unlawful association.

(3) A copy of an order made under this section shall be served in the manner provided in the 1[Code], for the service of a summons, or where the person to be served is a corporation, company, bank or other association, it shall be served on any secretary, director or other officer or person concerned with the management thereof, or by leaving it or sending it by post addressed to the corporation, company, bank or other association at its registered office, or where there is no registered office, at the place where it carries on business.

(4) Any person aggrieved by a prohibitory order made under sub-section (1) may, within fifteen days from the date of the service of such order, make an application to the Court of the District Judge within the local limits of whose jurisdiction such person voluntarily resides or carries on business or personally works for gain, to establish that the moneys, securities or credits in respect of which the prohibitory order has been made are not being used or are not intended to be used for the purpose of the unlawful association and the Court of the District Judge shall decide the question.

(5) Except so far as is necessary for the purposes of any proceedings under this section, no information obtained in the course of any investigation made under sub-section (2) shall be divulged by any gazetted officer of the Government, without the consent of the Central Government.

(6) In this section, "security" includes a document whereby any person acknowledges that he is under a legal liability to pay money, or whereunder any person obtains a legal right to the payment of money.

Section 8 Power to notify places used for the purpose of an unlawful association

Section 8 concerns a notified place: a place identified by Gazette notification as being used for an unlawful association. The statutory meaning of place includes a house, building or part of one, tent or vessel. The District Magistrate may inventory relevant movable articles, restrict their use and control entry, subject to the stated exceptions.

A police officer of at least sub-inspector rank, or another person authorised by the Central Government, may conduct the searches permitted by section 8(6); a female may be searched only by a female. Affected persons can seek relief from the jurisdictional District Judge within 30 days under section 8(8), with an opportunity for the parties to be heard.

Read the detailed statutory provisions and sub-sections

(1) Where an association has been declared unlawful by a notification issued under section 3 which has become effective under sub-section (3) of that section, the Central Government may, by notification in the Official Gazette, notify any place which in its opinion is used for the purpose of such unlawful association.

Explanation.-For the purposes of this sub-section, "place" includes a house or building, or part thereof, or a tent or vessel.

(2) On the issue of a notification under sub-section (1), the District Magistrate within the local limits of whose jurisdiction such notified place is situate or any officer authorised by him in writing in this behalf shall make a list of all movable properties (other than wearing-apparel, cooking vessels, beds and beddings, tools of artisans, implements of husbandry, cattle, grain and food-stuffs and such other articles as he considers to be of a trivial nature) found in the notified place in the presence of two respectable witnesses.

(3) If, in the opinion of the District Magistrate, any articles specified in the list are or may be used for the purpose of the unlawful association, he may make an order prohibiting any person from using the articles save in accordance with the written orders of the District Magistrate.

(4) The District Magistrate may thereupon make an order that no person who at the date of the notification was not a resident in the notified place shall, without the permission of the District Magistrate, enter, or be on or in, the notified place:

Provided that nothing in this sub-section shall apply to any near relative of any person who was a resident in the notified place at the date of the notification.

(5) Where in pursuance of sub-section (4), any person is granted permission to enter, or to be on or in, the notified place, that person shall, while acting under such permission, comply with such orders for regulating his conduct as may be given by the District Magistrate.

(6) Any police officer, not below the rank of a sub-inspector, or any other person authorised in this behalf by the Central Government may search any person entering, or seeking to enter, or being on or in, the notified place and may detain any such person for the purpose of searching him:

Provided that no female shall be searched in pursuance of this sub-section except by a female.

(7) If any person is in the notified place in contravention of an order made under sub-section (4), then, without prejudice to any other proceedings which may be taken against him, he may be removed therefrom by any officer or by any other person authorised in this behalf by the Central Government.

(8) Any person aggrieved by a notification issued in respect of a place under sub-section (1) or by an order made under sub-section (3) or sub-section (4) may, within thirty days from the date of the notification or order, as the case may be, make an application to the Court of the District Judge within the local limits of whose jurisdiction such notified place is situate-

(a) for declaration that the place has not been used for the purpose of the unlawful association; or

(b) for setting aside the order made under sub-section (3) or sub-section (4),

and on receipt of the application the Court of the District Judge shall, after giving the parties an opportunity of being heard, decide the question.

Section 9 Procedure to be followed in the disposal of applications under this Act

Section 9 applies the Code of Civil Procedure, 1908, as far as practicable and subject to applicable UAPA rules, to inquiries by the Tribunal under section 4(3) and applications before the District Judge under sections 7(4) and 8(8). The section states that the decision of the Tribunal or District Judge, as applicable, is final; this wording must be read alongside applicable constitutional and judicial remedies.

Read the detailed statutory provisions and sub-sections

Subject 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 of Civil Procedure, 1908 (5 of 1908), 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.

Official law and reference materials

The text should be read together with any applicable amendments, rules, Gazette notifications and court decisions. Official government resources include:

Statutory references are to Act 37 of 1967, as amended. Procedural rights and time limits depend on the applicable statutory conditions and the facts of the particular order.