S.1 Short title

This Act may be called the Unlawful Activities (Prevention) Amendment Act, 2008.

S.2 Insertion of Preamble

       In the Unlawful Activities (Prevention) Act, 1967 (37 of 1967)(hereinafter referred to as the principal Act), after long title and before the enacting formula, the following preamble shall be inserted, namely:--
       "Whereas the Security Council of the United Nations in its 4385th meeting adopted Resolution 1373 (2001) on 28th September, 2001, under Chapter VII of the Charter of the United Nations requiring all the States to take measures to combat international terrorism;
       And whereas Resolutions 1267 (1999), 1333 (2000), 1363 (2001), 1390 (2002), 1455 (2003), 1526 (2004), 1566 (2004), 1617 (2005), 1735 (2006) and 1822 (2008) of the Security Council of the United Nations require the States to take action against certain terrorists and terrorist organisations, to freeze the assets and other economic resources, to prevent the entry into or the

S.3 Amendment of Section 2

       In section 2 of the principal Act,--
       (i) in clause (d), the words "and includes a Special Court constituted under section 11 or under section 21 of the National Investigation Agency Act, 2008;" shall be inserted at the end;
       (ii) after clause (e), the following clause shall be inserted, namely:--
       '(ea) "Order" means the Prevention and Suppression of Terrorism (Implementation of Security Council Resolutions) Order, 2007, as may be amended from time to time;';
       (iii) in clause (g), after the words "for the purpose of a terrorist organisation", the words "or terrorist gang" shall be inserted at the end;
       (iv) for clause (h), the following clauses shall be substituted, namely:--
     

S.4 Substitution of New Section for Section 15

       For section 15 of the principal Act, the following section shall be substituted, namely:--
       "15. Terrorist Act" Whoever does any act with intent to threaten or likely to threaten the unity, integrity, security or sovereignty of India or with intent to strike terror or likely to strike terror in the people or any section of the people in India or in any foreign country,--
       (a) by using bombs, dynamite or other explosive substances or inflammable substances or firearms or other lethal weapons or poisonous or noxious gases or other chemicals or by any other substances (whether biological radioactive, nuclear or otherwise) of a hazardous nature or by any other means of whatever nature to cause or likely to cause--
       (i) death of, or injuries to, any person or persons; or
    &nb

S.5 Insertion of New Section 16A

       After section 16 of the principal Act, the following section shall be inserted, namely:--
       "16A. Punishment for making demands of radioactive substances, nuclear devices, etc. Whoever intentionally, by use of force or threat of use of force or by any other means, demands any bomb, dynamite or other explosive substance or inflammable substances or fire arms or other lethal weapons or poisonous or noxious or other chemicals or any biological, radiological, nuclear material or device, with the intention of aiding, abetting or committing a terrorist act, shall be punishable with imprisonment for a term which may extend to ten years, and shall also be liable to fine.".

S.6 Substitution of New Section for Section 17

       For section 17 of the principal Act, the following section shall be substituted, namely:--
       "17. Punishment for raising funds for terrorist act Whoever, in India or in a foreign country, directly or indirectly, raises or collects funds or provides funds to any person or persons or attempts to provide funds to any person or persons, knowing that such funds are likely to be used by such person or persons 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.".

S.7 Amendment of Section 18

In section 18 of the principal Act, for the words "incites or knowingly facilitates", the words "incites, directs or knowingly facilitates" shall be substituted.

S.8 Insertion of New Section 18A and 18B

       After section 18 of the principal Act, the following sections shall be inserted, namely:--
       "18A. Punishment for organizing of terrorist camps Whoever 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.
       18B. Punishment for recruiting of any person or persons for terrorist act Whoever 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.".

S.9 Amendment of Section 23

       In section 23 of the principal Act, --
       (a) in sub-section (1), for the words "If any person with intent to aid any terrorist contravenes", the words "If any person with intent to aid any terrorist or a terrorist organisation or a terrorist gang contravenes" shall be substituted.
       (b) in sub-section (2), for the words "Any person who, with the intent to aid any terrorist", the words "Any person who with the intent to aid any terrorist, or a terrorist organisation or a terrorist gang" shall be substituted.

S.10 Amendment of Section 24

In section 24 of the principal Act, in sub-section (2), after the words "proceeds of terrorism whether held by a terrorist or", the words "terrorist organisation or terrorist gang or" shall be inserted.

S.11 Amendment of Section 25

       In section 25 of the principal Act, in sub-section (5), in the Explanation, after clause (c), the following clause shall be inserted, namely:--
       "(ca) credit or debit cards or cards that serve a similar purpose;";

S.12 Insertion of New Sections 43A to 43F

       After section 43 of the principal Act, the following sections shall be inserted, namely:--
       '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

S.13 Amendment of Section 45

       Section 45 of the principal Act shall be renumbered as sub-section (1) thereof and after sub-section (1) as so renumbered, the following sub-section shall be inserted, namely:--
       "(2) Sanction for prosecution under sub-section (1) shall be given within such time as may be prescribed only after considering the report of such authority appointed by the Central Government or, as the case may be, the State Government which shall make an independent review of the evidence gathered in the course of investigation and make a recommendation, within such time as may be prescribed, to the Central Government or, as the case may be, the State Government.".

S.14 Insertion of new section 51A

       After section 51 of the principal Act, the following section shall be inserted, namely:--
       "51 A. For 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

S.15 Amendment to Section 52

       In section 52 of the principal Act, in sub-section (2), after clause (e), the following clause shall be inserted, namely:--
       "(ee) the time within which sanction for prosecution and recommendation to the Central Government shall be given under sub-section (2) of section 45, and".

S.16 Amendment of Section 53

       Section 53 of the principal Act, shall be renumbered as sub-section (1) thereof and after sub-section as so renumbered, the following sub-section shall be inserted, namely:--
       "(2) The Order referred to in entry 33 of the Schedule and every amendment made to that Order 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 30 days which may be comprised in one session or in two or more successive sessions.".

S.17 Amendment of Schedule

       In the Schedule to the principal Act after entry 32, the following entry shall be inserted, namely:--
       "33. Organisations listed in the Schedule to the U.N. Prevention and Suppression of Terrorism (Implementation of Security Council Resolutions) Order, 2007 made under section 2 of the United Nations (Security Council) Act, 1947(43 of 1947) and amended from time to time.".