UNLAWFUL ASSOCIATIONSCentral
Section 5 of The Unlawful Activities (Prevention) Act, 1967
- (1)The Central Government may, by notification in the Official Gazette, constitute, as and when necessary, a tribunal to be known as the "Unlawful Activities (Prevention) Tribunal" consisting of one person, to be appointed by the Central Government: Provided that no person shall be so appointed unless he is a Judge of a High Court.
- (2)If, for any reason, a vacancy (other than a temporary absence) occurs in the office of the presiding officer of the Tribunal, then, the Central Government shall appoint another person in accordance with the provisions of this section to fill the vacancy and the proceedings may be continued before the Tribunal from the stage at which the vacancy is filled.
- (3)The Central Government shall make available to the Tribunal such staff as may be necessary for the discharge of its functions under this Act.
- (4)All expenses incurred in connection with the Tribunal shall be defrayed out of the Consolidated Fund of India.
- (5)Subject to the provisions of section 9, the Tribunal shall have power to regulate its own procedure in all matters arising out of the discharge of its functions including the place or places at which it will hold its sittings.
- (6)The Tribunal shall, for the purpose of making an inquiry under this Act, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit, in respect of the following matters, namely:
- (a)the summoning and enforcing the attendance of any witness and examining him on oath;
- (b)the discovery and production of any document or other material object producible as evidence;
- (c)the reception of evidence on affidavits;
- (d)the requisitioning of any public record from any court or office;
- (e)the issuing of any commission for the examination of witnesses.
- (7)Any proceeding before the Tribunal shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860) and the Tribunal shall be deemed to be a civil court for the purposes of section 195 and 1 [Chapter XXVI] of the 2[Code].
Summary
- The Central Government sets up a one person body called the Unlawful Activities (Prevention) Tribunal.
- This single member must be a sitting Judge of a High Court.
- The Government must provide all necessary staff for the Tribunal to do its job.
- All money spent on the Tribunal is paid out of the Consolidated Fund of India.
- The Tribunal has the same legal powers as a civil court to summon people and take evidence.
- Every meeting or proceeding of the Tribunal is considered a formal judicial proceeding.
Practical examples
1Justice Kavita, a sitting High Court judge, is appointed by the Government to lead the Tribunal for a new case.
2The Tribunal orders a bank to bring in specific account records, using its civil court powers to find evidence.
FAQ
1. Who can be appointed to the Tribunal under Section 5 of the Unlawful Activities (Prevention) Act, 1967?
Only a person who is a Judge of a High Court can be appointed to the Tribunal under Section 5 of the Act.
2. How many members are in the Tribunal according to Section 5 of the Act?
The Tribunal consists of exactly one person appointed by the Central Government under Section 5 of the Act.
3. Who pays for the expenses of the Tribunal under Section 5 of the 1967 Act?
All expenses are defrayed out of the Consolidated Fund of India according to Section 5 of the Act.
Test yourself
Q1.Under Section 5 of the Unlawful Activities (Prevention) Act, 1967, the Tribunal has the same powers as which type of court?
Q2.What is the mandatory qualification for the presiding officer under Section 5 of the 1967 Act?
Q3.According to Section 5 of the Unlawful Activities Act, where does the funding for the Tribunal come from?
Q4.Under Section 5 of the Act, what happens if a vacancy occurs in the office of the presiding officer?