The Unlawful Activities (Prevention) Act, 1967
CHAPTER II: UNLAWFUL ASSOCIATIONS
Section 5: Tribunal
Bare Act
(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 Chapter XXVI of the Code.
Simplified Act
(1) The Indian government can create a special court called the "Unlawful Activities (Prevention) Tribunal" when needed. This court will have just one person in charge, who must be a High Court judge, chosen by the government.
(2) If the person in charge of the court leaves for any reason other than a short break, the government must find a replacement following the same rules. The court will then continue its work from where it left off before the vacancy.
(3) The government will provide the staff needed for the court to do its job.
(4) The costs for running the court come out of the country's main budget, the Consolidated Fund of India.
(5) The court can decide how to handle its… Read the complete text with KanoonGPT Pro.
Explanation using examples
Imagine a scenario where the Central Government suspects that a particular organization is involved in activities that threaten the sovereignty and integrity of India. To investigate the matter, the government, as per Section 5(1) of The Unlawful Activities (Prevention) Act, 1967, issues a notification in the Official Gazette to constitute a special tribunal, the "Unlawful Activities (Prevention) Tribunal". This tribunal is tasked with examining the evidence against the organization. A High Court Judge is appointed to preside over the tribunal.
During the proceedings, the appointed Judge retires, creating a vacancy. According to Section 5(2), the government promptly appoints a new High Court Judge to continue the tribunal's work without significant delay, ensuring the proceedings are not hindered.
The government, adhering to Section 5(3), provides the necessary staff to assist the tribunal in its functions, and as per Section 5(4), all costs associated with the tribunal are covered by the Consolidated Fund of India.
The tribunal, utilizing the powers granted under Section 5(6), summons witnesses, acquires documents, and gathers evidence through the same powers as a civil court to determine if the organization's activities are indeed unlawful.
Lastly, as per Section 5(7), any proceedings before the tribunal are considered to be judicial proceedings, ensuring that the legal process is as rigorous and fair as that in the Indian court system.
