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  "title": "PREVENTION OF ANTI-NATIONAL ACTIVITIES ACT, 1974",
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  "text": "THE PREVENTION OF ANTI-NATIONAL ACTIVITIES ACT, \r\n1974 \r\n(VII of 1974) \r\nCONTENTS \r\n1. Short title, extent and commencement \r\n2. Definitions \r\nCHAPTER II \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\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\nMISCELLANEOUS \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\nTEXT \r\nTHE PREVENTION OF ANTI-NATIONAL ACTIVITIES ACT, 1974 \r\n(VII of 1974) \r\n[14th February, 1974] \r\nAn \r\nAct \r\nto provide for the more effective prevention of certain anti-national and treasonable \r\nactivities \r\nWHEREAS the freedom of association guaranteed by Article 17 of the \r\nConstitution is subject to any reasonable restrictions imposed by law in the interest of \r\nmorality or public order; \r\nAND WHEREAS it is expedient to provide for the more effective prevention of \r\ncertain anti-national and treasonable activities of individuals and associations and for \r\nmatters connected therewith; \r\nIt is hereby enacted as follows:– \r\n1. Short title, extent and commencement .– (1) This Act may be called the \r\nPrevention of Anti-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 \r\ncontext,– \r\n(a) “anti-national activity”, in relation to an indi vidual or association means \r\nanything done by such indivi dual or association, whether by committing \r\nan act or by words, either spoken or written, or by signs or by visible \r\nrepresentation or otherwise,– \r\n(i) which is intended, or supports any claim, to bring about, on any \r\nground whatsoever, the secession of a part of the territory of \r\nPakistan from the Federation, or which incites any individual or \r\ngroup of individuals to bring 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 \r\nlikely or tends to encourage or incite, the public or any group \r\nthereof to create, open or continue any regional front or 'mahaz' of \r\nany kind based on racial, linguistic or similar ideologies and \r\nconsiderations with a view to disrupting the unity of the people of \r\nPakistan; or \r\n(iv) which in any manner propagates or advocates that the cit izens 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 “ \r\nincludes the assertion of any claim to determine whether such part will \r\nremain a part of the 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 \r\nobject, or which indulges in, any anti -national activity, or which \r\nencourages or aids persons to undertake any anti -national activity, or of \r\nwhich members undertake such activity. \r\nCHAPTER II \r\nANTI-NATIONAL ASSOCIATIONS \r\n3. Declaration of an association as anti –national.– (1) If the Federal \r\nGovernment is satisfied that any association is, or has become, an anti -national \r\nassociation, it may, by notification in the official Gazette, declare such association to \r\nbe anti-national. \r\n(2) Every such notification shall sp ecify the grounds on which it is issued \r\nand such other particulars as the Federal Government may consider necessary: \r\nProvided that nothing in this sub -section shall require the federal Government \r\nto disclose any fact 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 \r\nthe official Gazette. \r\n(4) Every such notification shall be served on such association in such \r\nmanner as the Federal Government may think fit, and all or any of the following modes \r\nmay be followed in effecting such service, namely:– \r\n(a) affixing a copy of the notification to some conspicuous part of the office, \r\nif any, of the association; or \r\n(b) serving a copy of the notification, where possible, on t he 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 association has been declared anti -\r\nnational by notification issued under section 3, the Federal Govern ment shall, within \r\nthirty days from the date of the publication of the notification, refer the notification to \r\nthe Tribunal for the purpose of adjudicating whether or not there is sufficient cause for \r\ndeclaring the association anti-national. \r\n(2) On receipt of a re ference under sub -section (1), the Tribunal shall, by \r\nnotice in writing, call upon the association affected to show cause, within thirty days \r\nfrom the date of the service of such notice, why the association should not be declared \r\nanti-national. \r\n(3) After c onsidering the cause, if any, shown by the as sociation or the \r\noffice-bearers or members thereof, the Tribunal shall hold an inquiry in the manner \r\nspecified in section 9 and, after calling for such further information as it may consider \r\nnecessary from the Federal Government or from any office -bearer or member of the \r\nassociation, it shall decide whether or not there is sufficient cause for declaring the \r\nassociation anti -national and make, as expeditiously as possible and in any case \r\nwithin a period of six m onths from the date of the issue of the notification under \r\nsection 3, such order as it may deem fit either confirming the declaration made in the \r\nnotification or canceling the declaration. \r\n(4) The order of the Tribunal made under sub -section (3) shall be p ublished \r\nin the official Gazette. \r\n5. Tribunal.– (1) The Federal Government may, by notification in the  official \r\nGazette, constitute, as and when necessary, a Tribunal to be known as the Anti -\r\nNational Activities Prevention Tribunal consisting of a person who is a Judge of a High \r\nCourt, to be appointed by the Federal Government in consultation with the Chief \r\nJustice 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 \r\nGovernment shall appoint ano ther person in ac cordance with the provisions of this \r\nsection to fill the vacancy and the proceedings may be continued before the Tribunal \r\nfrom the stage at which the vacancy occurs. \r\n(3) The Federal Government shall make available to the Tribunal such sta ff \r\nas may be necessary for the discharge of its functions under this Act. \r\n(4) Subject to the provisions of section 9, the Tribunal shall have power to \r\nregulate its own procedure in all matters arising out of the discharge of its functions, \r\nincluding the place at which it will hold its sittings. \r\n(5) The Tribunal shall, for the purpose of making an inquiry under this Act, \r\nhave the same powers as are vested in a civil court under the Code of Civil \r\nProcedure, 1908(Act V of 1908), while trying a suit in respect of the following matters, \r\nnamely:– \r\n(a) the summoning and enforcing the attendance of any witness and \r\nexamining him on 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(6) Any proceeding before the Tribunal shall be deemed to be a judicial \r\nproceeding within the meaning of sections 193 and 228 of the P akistan Penal Code \r\n(Act XLV of 1860), and the Tribunal shall be deemed to be a civil court for the \r\npurposes of section 195 and Chapter XXXV of the Code of Criminal Procedure, \r\n1898(Act V of 1898). \r\n6. Finality, and cancellation, of notification .– (1) Subject  to the provisions of \r\nsub-section (2), a notification issued under section 3 shall, if the declaration made \r\ntherein is confirmed by the Tribunal by an order made under section 4, become final. \r\n(2) Notwithstanding anything contained in sub -section (1), the Federal \r\nGovernment may, at any time, either on its own motion or on the application of any \r\nperson aggrieved thereby, cancel a notification issued under section 3, whether or not \r\nthe declaration made therein has been confirmed by the Tribunal. \r\n7. Power to p rohibit the use of funds of an anti -national association .– (1) \r\nWhere any association has been declared anti -national by a notification issued under \r\nsection 3 and the Federal Government is satisfied, after such inquiry as it may think fit, \r\nthat any person has custody of any money, securities or credits which are being used \r\nor are intended to be used for the purposes of the anti -national association, the \r\nFederal Government may, by order in writing, prohibit such person from paying, \r\ndelivering, transferring or  otherwise dealing in any manner whatsoever with such \r\nmoneys, securities or credits or with moneys, securities or credits which may come \r\ninto his custody after the making of the order, save in accordance with the written \r\norders of the Federal Government; a nd a copy of such order shall be served upon the \r\nperson 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 \r\nsub-section (1) for investigation to any officer of the Government, and s uch copy shall \r\nbe a warrant where under such officer may enter in or upon any premises of the \r\nperson to whom the order is directed, examine the books of such person, search for \r\nmoneys, securities or credits, and make inquiries from such person or any offic er, \r\nagent 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 \r\nintended to be used for the purposes of the anti-national association. \r\n(3) A cop y of an order made under sub -section (1) shall be served in the \r\nmanner provided in the Code of Criminal Procedure, 1898(Act V of 1898), for the \r\nservice of a summon or, where the person to be served is a corporation, company, \r\nbank or other association, it s hall be served on any secretary, director or other officer \r\nor person concerned with the management thereof, or by leaving it or sending it by \r\npost addressed to the corporation, company, bank or other association at its \r\nregistered office, or where there is no registered office, at the place where it carries on \r\nbusiness. \r\n(4) Any person aggrieved by an order made under sub -section (1) may, \r\nwithin ninety days from the date of the service of such order, make an application to \r\nthe District Judge within the local limits of whose jurisdiction such person voluntarily \r\nresides or carries on business or personally works for gain, to establish that the \r\nmoneys, securities or credits to which the order relates are not being used, or are not \r\nintended to be used, for the pur poses of the anti -national association and the District \r\nJudge shall decide the question. \r\n(5) Except so far as is necessary for the purposes of any proceedings under \r\nthis section, no information obtained in the course of any investigation made under \r\nsub-section (2) shall be divulged by any person without the consent of the Federal \r\nGovernment. \r\n(6) In this section, “security “includes a document whereby any person \r\nacknowledges that he is under a legal liability to pay money, or where under any \r\nperson obtains a legal right to the payment of money. \r\n8. Power to notify places used for purposes of an anti-national association.– \r\n(1) Where an association has been declared anti -national by a notification issued \r\nunder section 3, the Federal Government may, by notificati on in the official Gazette \r\nnotify any place which in its opinion is used for the purposes of such association, here-\r\ninafter referred to as the notified place. \r\nExplanation.– For the purposes of this sub -section, “place includes a house or \r\nbuilding, or part thereof, and a tent or vessel”. \r\n(2) On the issue of a notification under sub -section (1) in respect of any \r\nplace, the District Magistrate within the local limits of whose jurisdiction such notified \r\nplace is situate, or any officer not below the rank of a M agistrate of the first class \r\nauthorised by him in writing in this behalf, shall make, in the presence of two \r\nrespectable witnesses, a list of all movable properties found in such place. \r\n(3) If, in the opinion of the District Magistrate, any articles mentio ned in the \r\nlist are, or may be used for the purposes of the anti-national association, he may make \r\nan order prohibiting any person from using the articles have in accordance with the \r\nwritten orders of the District Magistrate. \r\n(4) The District Magistrate ma y thereupon make an order that no person \r\nwho, at the date of the notification, was not residing in the notified place shall, without \r\nthe permission of the District Magistrate, 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 \r\nnear relative of, or has any professional business with, any person who was residing \r\nin the notified place at the date of the notification. \r\n(5) Where in pursuance of sub-section (4) any person is granted permission \r\nto enter, or to be on or in, the notified place, that person shall, while acting under such \r\npermission, comply with such orders for regulating his conduct as may be given by the \r\nDistrict Magistrate. \r\n(6) Any police officer, not below the rank of a sub -inspector, or any other \r\nperson authorised in this behalf by the Federal Government may search any person \r\nentering, or seeking to enter or being on or in, the notified place and may detain any \r\nsuch person for the purpose of searching him: \r\nProvided that no female s hall be searched in pursuance of this sub -section \r\nexcept by a female. \r\n(7) If any person is in the notified place in contravention of an order made \r\nunder sub-section (4), then, without prejudice to any other proceedings which may be \r\ntaken against him, he may be removed therefrom by any police officer or by any other \r\nperson authorised in this behalf by the Federal Government. \r\n(8) Any person aggrieved by a notification issued in respect of a place under \r\nsub-section (1) or by an order made under sub -section (3 ) or sub -section (4) may, \r\nwithin thirty days from the date of the notification or order, as the case may be, make \r\nan application to the District Judge within the local limits of whose jurisdiction such \r\nnotified place is situate– \r\n(a) for a declaration that the place has not been used for the purpose of the \r\nanti-national association; or \r\n(b) for setting aside the order made under sub-section (3) or sub-section (4), \r\nand on receipt of the application the District Judge shall, after giving the \r\nparties an opportunity of being heard, decide the question. \r\n9. Procedure to be followed in the disposal of applications under this Act .– \r\nSubject to any rules that may be made under this Act, the procedure to be followed by \r\nthe Tribunal in holding any inquiry under sub -section (3) of section 4 or by the District \r\nJudge in disposing of any application under sub-section (4) of section 7 or sub-section \r\n(8) of section 8 shall, so far as may be, be the procedure laid down in the Code of Civil \r\nProcedure, 1908(Act V of 1908), for the investigation of claims and the decision of the \r\nTribunal or the District Judge, as the case may be, shall be final. \r\nCHAPTER III \r\nOFFENCES AND PENALTIES \r\n10. Penalty for being member of an anti -national association.– Whoever is and \r\ncontinues to be a member of  an associ ation declared anti -national by a notification \r\nissued under section 3 or takes part in meetings of any such association, or \r\ncontributes to, or receives or solicits any contribution for the purpose of, any such \r\nassociation or in any way assists t he operations of any such association, shall be \r\npunishable with imprisonment for a term which may extend to two years, and shall \r\nalso be liable to fine. \r\n11. Penalty for dealing with funds of an anti -national association .– If any \r\nperson on whom an order has  been served under sub -section (1) of section 7 in \r\nrespect of any moneys, securities or credits pays, delivers, transfers or otherwise \r\ndeals in any manner whatsoever with such money, securities or credits in con -\r\ntravention of the order, he shall be punishable with imprisonment for a term which may \r\nextend to three years, and 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 \r\nsuch contravention may also impose on such person an additional fine to recover from \r\nhim the amount of the moneys or credits, or the market value of the securities, in \r\nrespect of which the order has been contravened or such part thereof as the court \r\nmay deem fit. \r\n12. Penalty for contravention of an order made in respect of a notified place.– \r\n(1) Whoever knowingly and willfully is in, or effects or attempts to effect entry into, a \r\nnotified place in contravention of an order made under sub -section (4) of section 8 in \r\nrespect thereof shall be punishabl e with imprisonment for a term which may extend to \r\none year, and shall also be liable to fine. \r\n(2) Whoever uses any article in contravention of an order in respect thereof \r\nmade under sub -section (3) of section 8 shall be punishable with imprisonment for a \r\nterm which may extend to one year, 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\nany anti -national activity, shall be punishable with imprisonment for a \r\nterm which may extend to seven years, and shall also be liable to fine. \r\n(2) Whoever, in any way, assists any anti-national activity of any association \r\ndeclared anti -national under section 3, shall be pu nishable with imprisonment for a \r\nterm which may extend to five years, and shall also be liable to fine. \r\nCHAPTER IV \r\nMISCELLANEOUS \r\n14. Continuance of association .– An association shall not be deemed to have \r\nceased to exist by reason only of any formal act o f its dissolution or change of name \r\nbut shall be deemed to continue so long as any actual combination for the purposes of \r\nsuch association continues between any members thereof. \r\n15. Bar of Jurisdiction etc.– (1) Save as otherwise expressly provided in this  Act, \r\nno order made or proceeding taken under section 3, section 7 or section 8 by the \r\nFederal Government or the District Magistrate or any officer authorised in this behalf \r\nby the Federal Government or the District Magistrate shall be called in question i n any \r\ncourt, and no injunction shall be granted by any court or other authority in respect of \r\nany action taken or to be taken in pursuance of any power conferred by or under this \r\nAct. \r\n(2) Any person aggrieved by a decision of the Tribunal may, within ninet y \r\ndays from the date of such decision, prefer an appeal to the Supreme Court. \r\n(3) Any person aggrieved by a decision of a District Judge may, within \r\nninety days from the date of such decision, prefer an appeal to the High Court. \r\n16. Prosecution for offences under this Act .– No court shall take cognizance of \r\nany offence punishable under this Act except with the previous sanction of the Federal \r\nGovernment or a Provincial Government or an officer authorised by either \r\nGovernment in this behalf. \r\n17. Protection o f action taken in good faith .– (1) No suit or other legal \r\nproceeding shall lie against the Government in respect of any loss or damage caused \r\nor likely to be caused by anything which is in good faith done or intended to be done in \r\npursuance of this Act or any rules or orders made thereunder. \r\n(2) No suit, prosecution or other legal proceeding shall lie against the \r\nDistrict Magistrate or any officer authorised in this behalf by the Government or the \r\nDistrict Magistrate in respect of anything which is in good faith done or intended to be \r\ndone in pursuance of this Act or any rules or orders made there-under. \r\n18. Power to delegate .– The Federal Government may, by notification in the \r\nofficial Gazette, direct that all or any of its powers under section 7 or section  8 shall, in \r\nsuch circumstances and under such con ditions, if any, as may be specified in the \r\nnotification, be exercisable also by any Provincial Government and the Provincial \r\nGovernment may, with the previous approval of the Federal Government, by order in \r\nwriting direct that any power which has been so directed to be exercised by it shall, in \r\nsuch circum stances and under such conditions, if any, as may be specified in the \r\ndirection, be exercisable by any person subordinate to the Provincial Government, not \r\nbeing a person below the rank 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 \r\norder made thereunder shall have effect notwithstanding anything incon sistent \r\ntherewith contained in any enactment other than this Act or any instrument having \r\neffect by virtue of any enactment other than this Act. \r\n20. Power to make rules.– (1) The Federal Government may, by notification in the \r\nofficial Gazette, make rules to carry out the purposes of this Act. \r\n(2) In particular, and without prejudice to the generality of the foregoing \r\npower, such rules may provide 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 \r\nmanner in which such notices or orders may be served, where the \r\nperson to be served is a corporation, company, bank or other \r\nassociation; \r\n(b) the procedure to be followed by the Tribunal or a District Judge in \r\nholding any inquiry or disposing of any application under this Act. \r\n21. Repeal, etc .– (1) In the Prevention of Anti -National Activities Ordinance, \r\n1973(XXIX of 1973), section 21 shall be omitted and shall be deemed always to have \r\nbeen omitted and the Criminal Law Amendment Act, 1908(XIV of 1908), shall stand \r\nrevived and shall have effect and shall be deemed always to have had effect as if it \r\nhad never been repealed by the said Ordinance. \r\n(2) The Prevention of Anti -National Activities Ordinance, 1973(XXIX of \r\n1973), is hereby repealed.",
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