{ "schema_version": "qanun-law-text/1", "id": "pk-code-5a7656f191934dd8", "title": "Prevention of Anti-National Activities Act, 1974", "source_collection": "Federal", "content_kind": "stored_law_text", "content_extent": null, "source_url": "https://pakistancode.gov.pk/alpha/UY2FqaJw1-apaUY2Fqa-bpuUY2lw-sg-jjjjjjjjjjjjj", "version": null, "source_snapshot": null, "legal_status": "not independently verified", "text_quality": "Complete stored UTF-8 TXT file recovered byte-for-byte from owned Drive. Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.", "text_sha256": "db26da11915558bbce145a0fe6f41a377daac2e353ab9d94bec7e5254df57238", "source_sha256": "db26da11915558bbce145a0fe6f41a377daac2e353ab9d94bec7e5254df57238", "text_version_id": "law:pk-code-5a7656f191934dd8:sha256:db26da11915558bbce145a0fe6f41a377daac2e353ab9d94bec7e5254df57238", "quality_flags": [], "encoding": "UTF-8", "text": "Page 1 of 10 \r\n \r\n \r\n \r\nTHE PREVENTION OF ANTI-NATIONAL ACTIVITIES ACT, \r\n1974 \r\n \r\n \r\n \r\n \r\n CONTENTS \r\n1. Short title, extent and commencement \r\n2. Definitions \r\nCHAPTER II \r\n \r\nANTI-NATIONAL ASSOCIATIONS \r\n3. Declaration of an association as anti-national \r\n4. Reference to Tribunal \r\n5. Tribunal \r\n6. Finality, and cancellation, of notification \r\n7. Power to prohibit the use of funds of an anti-national association \r\n8. Power to notify places used for purposes of an anti-national association \r\n9. Procedure to be followed in the disposal of applications under this Act \r\nCHAPTER III \r\n \r\nOFFENCES AND PENALTIES \r\n10. Penalty for being member of an anti-national association \r\n11. Penalty for dealing with funds of an anti-national association \r\n12. Penalty for contravention of an order made in respect of a notified place \r\n13. Punishment for anti-national activities \r\nCHAPTER IV \r\n \r\nMISCELLANEOUS \r\n\r\n \r\nPage 2 of 10 \r\n \r\n14. Continuance of association \r\n15. Bar of jurisdiction, etc. \r\n16. Prosecution for offences under this Act \r\n17. Protection of action taken in good faith \r\n18. Power to delegate. \r\n19. Act, etc., to override other laws \r\n20. Power to make rules \r\n21. Repeal, etc. \r\n \r\n \r\n \r\nPage 3 of 10 \r\n \r\nTHE PREVENTION OF ANTI-NATIONAL ACTIVITIES ACT, 1974 \r\nACT NO. VII OF 1974 \r\n[9th February, 1974] \r\nAn Act to provide for the more effective prevention of certain anti-national and treasonable activities \r\nWHEREAS the freedom of association guaranteed by Article 17 of the Constitution is subject \r\nto any reasonable restrictions imposed by law in the interest of morality or public order; \r\nAND WHEREAS it is expedient to provide for the more effective prevention of certain anti -\r\nnational and treasonable activities of individuals and associations and for matters connected therewith; \r\nIt is hereby enacted as follows:— \r\n1. Short title, extent and commencement .___(1) This Act may be called the Prevention of \r\nAnti-National Activities Act, 1974. \r\n(2) It extends to the whole of Pakistan. \r\n(3) It shall come into force at once. \r\n2. Definitions.___In this Act, unless there is anything repugnant in the subject or context,— \r\n(a) “anti-national activity”, in relation to an individual or association , means any \r\nthing done by such individual or association, whether by committing an act or \r\nby words, either spoken or written, or by signs or by visible representation or \r\notherwise,— \r\n(i) which is intended, or supports any claim, to bring about, on any ground \r\nwhatsoever, the secession of a part of the territory of Pakistan from the \r\nFederation, or which incites any ind ividual or group of individuals to \r\nbring about secession; \r\n(ii) which disclaims, questions , disrupts or is intended to disrupt the \r\nsovereignty and territorial integrity of Pakistan; \r\n(iii) which in any manner encourages or incites, or is intended or is likely or \r\ntends to encourage or incite, the public or any group thereof to create, \r\nopen or continue any regional front or ' mahaz' of any kind based on \r\nracial, linguistic or similar ideologies and considerations with a view to \r\ndisrupting the unity of the people of Pakistan; or \r\n \r\n \r\n \r\n \r\nPage 4 of 10 \r\n \r\n (iv) which in any manner propagates or advocates that the citizens of \r\nPakistan comprise more than one nationality; \r\n(b) “association” means any combination or body of individuals; \r\n(c) “prescribed” means prescribed by rules made under this Act; \r\n(d) “secession of a part of the territory of Pakistan from the Federation ” includes \r\nthe assertion of any claim to determine whether such part will remain a part of \r\nthe territory of Pakistan; \r\n(e) “Tribunal” means the Tribunal constituted under section 5; \r\n(f) “anti-national association” means any association which has for its object, or \r\nwhich indulges in, any anti -national activity, or which encourages or aids \r\npersons to undertake any anti-national activity, or of which members undertake \r\nsuch activity. \r\nCHAPTER II \r\n \r\nANTI-NATIONAL ASSOCIATIONS \r\n3. Declaration of an association as anti-national.—(1) If the Federal Government is satisfied \r\nthat any association is, or has become, an anti-national association, it may, by notification in the official \r\nGazette, declare such association to be anti-national. \r\n(2) Every such notification shall specify the grounds on which it is issued and such other \r\nparticulars as the Federal Government may consider necessary: \r\nProvided that nothing in this sub-section shall require the Federal Government to disclose any \r\nfact which it considers to be against the public interest to disclose. \r\n(3) Every such notification shall have effect from the date of its publication in the official \r\nGazette. \r\n(4) Every such notification shall be served on such association in such manner as the Federal \r\nGovernment may think fit, and all or any of the following modes may be followed in effecting such \r\nservice, namely:— \r\n(a) affixing a copy of the notification to some conspicuous part of the office, if any, \r\nof the association; or \r\n(b) serving a copy of the notification, where possible, on the principal office -\r\nbearers, if any of the association; or \r\n(c) such other manner as may be prescribed. \r\n4. Reference to Tribunal .—(1) Where any assoc iation has been declared anti -national by \r\nnotification issued under section 3, the Federal Government shall, within thirty days from the date of \r\n \r\nPage 5 of 10 \r\n \r\nthe publication of the notification, refer the notification to the Tribunal for the purpose of adjudicating \r\nwhether or not there is sufficient cause for declaring the association anti-national. \r\n(2) On receipt of a reference under sub-section (I), the Tribunal shall, by notice in writing, call \r\nupon the association affected to show cause, within thirty days from the date of the service of such \r\nnotice, why the association should not be declared anti-national. \r\n(3) After considering the cause, if any, shown by the association or the office -bearers or \r\nmembers thereof, the Tribunal shall hold an inquiry in the manner s pecified in section 9 and, after \r\ncalling for such further information as it may consider necessary from the Federal Government or from \r\nany office-bearer or member of the association, it shall decide whether or not there is sufficient cause \r\nfor declaring the association anti-national and make, as expeditiously as possible and in any case within \r\na period of six months from the date of the issue of the notification under section 3, such order as it \r\nmay deem fit either confirming the declaration made in the notification or cancelling the declaration. \r\n(4) The order of the Tribunal made under sub -section (3) shall be published in the official \r\nGazette. \r\n5. Tribunal .—(1) The Federal Government may, by notification in the official Gazette, \r\nconstitute, as and when nece ssary, a Tribunal to be known as the Anti-National Activities Prevention \r\nTribunal consisting of a person who is a Judge of a High Court, to be appointed by the Federal \r\nGovernment in consultation with the Chief Justice of the High Court of which he is a Judge. \r\n(2) If, for any reason, a vacancy occurs in the Tribunal, then the Federal Government shall \r\nappoint another person in accordance with the provisions of this section to fill the vacancy and the \r\nproceedings may be continued before the Tribunal from the stage at which the vacancy occurs. \r\n(3) The Federal Government shall make available to the Tribunal such staff as may be necessary \r\nfor the discharge of its functions under this Act. \r\n(4) Subject to the provisions of section 9, the Tribunal shall have power to regulate its own \r\nprocedure in all matters arising out of the discharge of its functions, including the place at which it will \r\nhold its sittings. \r\n(5) The Tribunal shall, for the purpose of making an inquiry under this Act, have the same \r\npowers as are vested in a civil court under the Code of Civil Procedure, 1908 (Act V of 1908), while \r\ntrying a suit in respect of the following matters, namely:— \r\n(a) the summoning and enforcing the attendance of any witness and examining him \r\non oath; \r\n(b) the discovery and production of any document or other material object; \r\n(c) the reception of evidence on affidavit; \r\n(d) the requisitioning of any public record from any court or office; \r\n(e) the issuing of commission for the examination of a witness. \r\n \r\nPage 6 of 10 \r\n \r\n(6) Any proceeding before the Tribunal shall be deemed to be a judicial proceeding within the \r\nmeaning of sections 193 and 228 of the Pakistan penal Code (Act XLV of 1860), and the Tribunal shall \r\nbe deemed to be a civil court for the purposes of section 195 and Chapter XXXV of the Code of \r\nCriminal Procedure, 1898 (Act V of 1898). \r\n6. Finality, and cancellation, of notification .—(1) Subject to the provisions of sub -section \r\n(2), a notification issued under section 3 shall, if the declaration made therein is conf irmed by the \r\nTribunal by an order made under section 4, become final. \r\n(2) Notwithstanding anything contained in sub-section (I), the Federal Government may, at any \r\ntime, either on its own motion or on the application of any person aggrieved thereby, cancel a \r\nnotification issued under section 3, whether or not the declaration made therein has been confirmed by \r\nthe Tribunal. \r\n7. Power to prohibit the use of funds of an anti -national association .—(1) Where any \r\nassociation has been declared anti -national by a notification issued under section 3 and the Federal \r\nGovernment is satisfied, after such inquiry as it may think fit, that any person has custody of any \r\nmoney, securities or credits which are being used or are intended to be used for the purpos es of the \r\nanti-national association, the Federal Government may, by order in writing, prohibit such person from \r\npaying, delivering, transferring or otherwise dealing in any manner whatsoever with such moneys, \r\nsecurities or credits or with moneys, securitie s or credits which may come into his custody after the \r\nmaking of the order, save in accordance with the written orders of the Federal Government; and a copy \r\nof such order shall be served upon the person so prohibited in the manner specified in sub-section (3). \r\n(2) The Federal Government may endorse a copy of an order made under sub -section (1) for \r\ninvestigation to any officer of the Government, and such copy shall be a warrant whereunder such \r\nofficer may enter in or upon any premises of the person to whom t he order is directed, examine the \r\nbooks of such person, search for moneys, securities or credits, and make inquiries from such person or \r\nany officer, agent or servant of such person, touching the origin of any dealings in any moneys, \r\nsecurities or credits which the investigation officer may suspect are being used or are intended to be \r\nused for the purposes of the anti-national association. \r\n(3) A copy of an order made under sub-section (I) shall be served in the manner provided in the \r\nCode of Criminal Procedure, 1898 (Act V of 1898), for the service of a summon or, where the person \r\nto be served is a corporation, company, bank or other association, it shall be served on any secretary, \r\ndirector or other officer or person concerned with the management thereof, or by leaving it or sending \r\nit by post addressed to the corporation, company, bank or other association at its registered office, or \r\nwhere there is no registered office, at the place where it carries on business. \r\n(4) Any person aggrieved by an order made under sub-section (I) may, within ninety days from \r\nthe date of the service of such order, make an application to the District Judge within the local limits \r\nof whose jurisdiction such person voluntarily resides or carries on business or personally works for \r\ngain, to establish that the moneys, securities or credits to which the order relates are not being used, or \r\nare not intended to be used, for the purposes of the anti -national association and the District Judge \r\nshall decide the question. \r\n \r\nPage 7 of 10 \r\n \r\n(5) Except so far as is necessary for the purposes of any proceedings under this section, no \r\ninformation obtained in the course of any investigation made under sub -section (2) shall be divulged \r\nby any person without the consent of the Federal Government. \r\n(6) In this section, “security'' includes a document whereby any person acknowledges that he \r\nis under a legal liability to pay money, or whereunder any person obtains a legal right to the payment \r\nof money. \r\n8. Power to notify places used for purposes of an anti-national association.—(1) Where an \r\nassociation has been declared anti -national by a notification issued under section 3, the Federal \r\nGovernment may, by notification in the official Gazette, notify any place which in its opinion is used \r\nfor the purposes of such association, hereinafter referred to as the notified place. \r\nExplanation.— For the purposes of this sub -section, “place includes a house or building, or \r\npart thereof, and a tent or vessel”. \r\n(2) On the issue of a n otification under sub -section (I) in respect of any pla ce, the District \r\nMagistrate within the local limits of whose jurisdiction such notified place is situate, or any officer not \r\nbelow the rank of 1[an Executive Magistrate] authorised by him in writing in this behalf, shall make, \r\nin the presence of two respectable witnesses, a list of all movable properties found in such place. \r\n(3) If, in the opinion of the District Magistrate, any articles mentioned in the list are, or may be \r\nused for the purposes of the anti -national association, he may make an order prohibiting any person \r\nfrom using the articles have in accordance with the written orders of the District Magistrate. \r\n(4) The District Magistrate may thereupon make an order that no person who, at the date of the \r\nnotification, was not residing in the notified place shall, without the permission of the District \r\nMagistrate, enter, or be on or in, the notified place: \r\nProvided that no such order shall be made in respect of any person who is a near relative of, or \r\nhas any professional business with, any person who was residing in the notified place at the date of the \r\nnotification. \r\n(5) Where in pursuance of sub -section (4) any person is granted permission to enter, or to be \r\non or in, the notified place, that person shall, while acting under such permission, comply with such \r\norders for regulating his conduct as may be given by the District Magistrate. \r\n(6) Any police officer, not below the rank of a sub-inspector, or any other person authorised in \r\nthis behalf by the Federal Government may search any person entering, or seeking to enter or being \r\non or in, the notified place and may detain any such person for the purpose of searching him: \r\nProvided that no female shall be searched in pursuance of this sub-section except by a female. \r\n(7) If any person is in the notified place in contravention of an order made under sub -section \r\n(4), then, without prejudice to any other proceedings which may be taken again st him, he may be \r\nremoved therefrom by any police officer or by any other person authorised in this behalf by the Federal \r\nGovernment. \r\n1Subs by Ord. XXVII of 1981, s.3, sch-II. \r\n \r\nPage 8 of 10 \r\n \r\n(8) Any person aggrieved by a notification issued in respect of a place under sub-section (I) or \r\nby an order made under sub-section (3) or sub-section (4) may, within thirty days from the date of the \r\nnotification or order, as the case may be, make an application to the District Judge within the local \r\nlimits of whose jurisdiction such notified place is situate— \r\n(a) for a declaration that the place has not been used for the purpose of the anti -\r\nnational association; or \r\n(b) for setting aside the order made under sub-section (3) or sub-section (4), \r\n and on receipt of the application the District Judge shall, after givin g the parties an opportunity of \r\nbeing heard, decide the question. \r\n9. Procedure to be followed in the disposal of applications under this Act. ___Subject to any \r\nrules that may be made under this Act , the procedure to be followed by the Tribunal in holding any \r\ninquiry under sub-section (3) of section 4 or by the District Judge in disposing of any application under \r\nsub-section (4) of section 7 or sub-section (8) of section 8 shall, so far as may be, be the procedure laid \r\ndown in the Code of Civil Procedure, 1908 (Act V of 1908) , for the investigation of claims and the \r\ndecision of the Tribunal or the District Judge, as the case may be, shall be final. \r\n \r\nCHAPTER III \r\n \r\nOFFENCES AND PENALTIES \r\n10. Penalty for being member of an anti-national association. ___Whoever is and continues \r\nto be a member of an association declared anti-national by a notification issued under section 3 or takes \r\npart in meetings of any such association, or contributes to, or receives or solicits any contribution for \r\nthe purpose of, any such association or in any way assists the operations of any such association, shall \r\nbe punishable with imprisonment for a term which may extend to two years, and shall also be liable to \r\nfine. \r\n11. Penalty for dealing with funds of an anti-national association. ___If any person on whom \r\nan order has been served under sub -section (1) of section 7 in respect of any moneys, securities or \r\ncredits pays, delivers, transfers or otherwise deals in any manner whatsoever with such money, \r\nsecurities or credits in contravention of the order, he shall be punishable with imprisonment for a term \r\nwhich may extend to three years, a nd shall also be liable to fine, and, notwithstanding anything \r\ncontained in the Code of Criminal Procedure, 1898 (Act V of 1898), the court trying such contravention \r\nmay also impose on such person an additional fine to recover from him the amount of the mo neys or \r\ncredits, or the market value of the securities, in respect of which the order has been contravened or \r\nsuch part thereof as the court may deem fit. \r\n12. Penalty for contravention of an order made in respect of a notified place .—(1) \r\nWhoever knowingly and wilfully is in, or effects or attempts to effect entry into, a notified place in \r\ncontravention of an order made under sub-section (4) of section 8 in respect thereof shall be punishable \r\nwith imprisonment for a term which may extend to one year, and shall also be liable to fine. \r\n \r\nPage 9 of 10 \r\n \r\n(2) Whoever uses any article in contravention of an order in respect thereof made under sub -\r\nsection (3) of section 8 shall be punishable with imprisonment for a term which may extend to one \r\nyear, and shall also be liable to fine. \r\n13. Punishment for anti-national activities.—(1) Whoever— \r\n(a) takes part in or commits, or \r\n(b) advocates or abets, or attempts to advocate or abet, the commission of, \r\n any anti-national activity, shall be punishable with imprisonment for a term which may extend to seven \r\nyears, and shall also be liable to fine. \r\n(2) Whoever, in any way, assists any anti -national activity of any association declared anti -\r\nnational under section 3, shall be punishable with imprisonment for a term which may extend to f ive \r\nyears, and shall also be liable to fine. \r\n \r\nCHAPTER IV \r\n \r\nMISCELLANEOUS \r\n14. Continuance of association. ___An association shall not be deemed to have ceased to exist \r\nby reason only of any formal act of its dissolution or change of name but shall be deemed to continue \r\nso long as any actual combination for the purposes of such association continues between any members \r\nthereof. \r\n15. Bar of j urisdiction, etc.—(1) Save as otherwise expressly provided in this Act , no order \r\nmade or proceeding taken under section 3, section 7 or section 8 by the Federal Government or the \r\nDistrict Magistrate or any officer authorised in this behalf by the Federal Government or the District \r\nMagistrate shall be called in question in any court, and no injunction shall be granted by any court or \r\nother authority in respect of any action taken or to be taken in pursuance of any power conferred by or \r\nunder this Act. \r\n(2) Any person aggrieved by a decision of the Tribunal may, within ninety days from the date \r\nof such decision, prefer an appeal to the Supreme Court. \r\n(3) Any person aggrieved by a decision of a District Judge may, within ninety days from the \r\ndate of such decision, prefer an appeal to the High Court. \r\n16. Prosecution for offences under this Act.—No court shall take cognizance of any offence \r\npunishable under this Act except with the previous sanction of the Federal Government or a Provincial \r\nGovernment or an officer authorised by either Government in this behalf. \r\n17. Protection of action taken in good faith.—(1) No suit or other legal proceeding shall lie \r\nagainst the Government in respect of any loss or damage caused or likely to be caused by anything \r\nwhich is in good faith done or intended to be done in pursuance of this Act or any rules or orders made \r\nthereunder. \r\n \r\nPage 10 of 10 \r\n \r\n(2) No suit, prosecution or other legal proceeding shall lie against the District Magistrate or \r\nany officer authorised in this behalf by the Government or the District Magistrate in respect of anything \r\nwhich is in good faith done or intended to be done in pursuance of this Act or any rules or orders made \r\nthere under. \r\n18. Power to delegate. ___The Federal Government may, by notification in the official Gazette, \r\ndirect that all or any of its powers under section 7 or section 8 s hall, in such circumstances and under \r\nsuch conditions, if any, as may be specified in the notification, be exercisable also by any Provincial \r\nGovernment and the Provincial Government may, with the previous approval of the Federal \r\nGovernment, by order in writing direct that any power which has been so directed to be exercised by \r\nit shall, in such circumstances and under such conditions, if any, as may be specified in the direction, \r\nbe exercisable by any person subordinate to the Provincial Government, not being a person below the \r\nrank of Sub-divisional Magistrate, as may be so specified. \r\n19. Act, etc., to override other laws. ___The provisions of this Act or any rule or order made \r\nthereunder shall have effect notwithstanding anything inconsistent therewith contained in any \r\nenactment other than this Act or any instrument having effect by virtue of any enactment other than \r\nthis Act. \r\n20. Power to make rules .—(1) The Federal Government may, by notification in the official \r\nGazette, make rules to carry out the purposes of this Act. \r\n(2) In particular, and without prejudice to the generality of the foregoing power, such rules may \r\nprovide for all or any of the following matters, namely:— \r\n(a) the service of notices or orders issued or made under this Act and the manner in \r\nwhich such notices or orders may be served, where the person to be served is a \r\ncorporation, company, bank or other association; \r\n(b) the procedure to be followed by the Tribunal or a District Judge in holding any \r\ninquiry or disposing of any application under this Act. \r\n21. Repeal, etc.—(1) In the Prevention of Anti-National Activities Ordinance, 1973 (XXIX of \r\n1973), section 21 shall be omitted and shall be deemed always to have been omitted and the Criminal \r\nLaw Amendment Act, 1908 (XIV of 1908 ), shall stand revived and shall have effect and shall be \r\ndeemed always to have had effect as if it had never been repealed by the said Ordinance. \r\n(2) The Prevention of Anti -National Activities Ordinance, 1973 (XXIX of 1973), is hereby \r\nrepealed. \r\n \r\n___________ \r\n \r\n \r\nRGN Date: 21-05-2024", "passage_offset_convention": "zero-based Unicode code points and UTF8 bytes; end exclusive", "passages": [ { "passage_id": "law:pk-code-5a7656f191934dd8:sha256:db26da11915558bbce145a0fe6f41a377daac2e353ab9d94bec7e5254df57238:chars-0-1758:0e76b9497ccfffa118477222808504410c90645ccb50817aed4b6184800dbc6e", "character_start": 0, "character_end": 1758, "utf8_byte_start": 0, "utf8_byte_end": 1758, "passage_sha256": 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