Act VII of 1974 · 10 pages
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THE PREVENTION OF ANTI-NATIONAL ACTIVITIES ACT,
1974
CONTENTS
1. Short title, extent and commencement
2. Definitions
CHAPTER II
ANTI-NATIONAL ASSOCIATIONS
3. Declaration of an association as anti-national
4. Reference to Tribunal
5. Tribunal
6. Finality, and cancellation, of notification
7. Power to prohibit the use of funds of an anti-national association
8. Power to notify places used for purposes of an anti-national association
9. Procedure to be followed in the disposal of applications under this Act
CHAPTER III
OFFENCES AND PENALTIES
10. Penalty for being member of an anti-national association
11. Penalty for dealing with funds of an anti-national association
12. Penalty for contravention of an order made in respect of a notified place
13. Punishment for anti-national activities
CHAPTER IV
MISCELLANEOUS
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14. Continuance of association
15. Bar of jurisdiction, etc.
16. Prosecution for offences under this Act
17. Protection of action taken in good faith
18. Power to delegate.
19. Act, etc., to override other laws
20. Power to make rules
21. Repeal, etc.
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THE PREVENTION OF ANTI-NATIONAL ACTIVITIES ACT, 1974
ACT NO. VII OF 1974
[9th February, 1974]
An Act to provide for the more effective prevention of certain anti-national and treasonable activities
WHEREAS the freedom of association guaranteed by Article 17 of the Constitution is subject
to any reasonable restrictions imposed by law in the interest of morality or public order;
AND WHEREAS it is expedient to provide for the more effective prevention of certain anti-
national and treasonable activities of individuals and associations and for matters connected therewith;
It is hereby enacted as follows:—
1. Short title, extent and commencement.___(1) This Act may be called the Prevention of
Anti-National Activities Act, 1974.
(2) It extends to the whole of Pakistan.
(3) It shall come into force at once.
2. Definitions.___In this Act, unless there is anything repugnant in the subject or context,—
(a) “anti-national activity”, in relation to an individual or association, means any
thing done by such individual or association, whether by committing an act or
by words, either spoken or written, or by signs or by visible representation or
otherwise,—
(i) which is intended, or supports any claim, to bring about, on any ground
whatsoever, the secession of a part of the territory of Pakistan from the
Federation, or which incites any individual or group of individuals to
bring about secession;
(ii) which disclaims, questions, disrupts or is intended to disrupt the
sovereignty and territorial integrity of Pakistan;
(iii) which in any manner encourages or incites, or is intended or is likely or
tends to encourage or incite, the public or any group thereof to create,
open or continue any regional front or 'mahaz' of any kind based on
racial, linguistic or similar ideologies and considerations with a view to
disrupting the unity of the people of Pakistan; or
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(iv) which in any manner propagates or advocates that the citizens of
Pakistan comprise more than one nationality;
(b) “association” means any combination or body of individuals;
(c) “prescribed” means prescribed by rules made under this Act;
(d) “secession of a part of the territory of Pakistan from the Federation” includes
the assertion of any claim to determine whether such part will remain a part of
the territory of Pakistan;
(e) “Tribunal” means the Tribunal constituted under section 5;
(f) “anti-national association” means any association which has for its object, or
which indulges in, any anti-national activity, or which encourages or aids
persons to undertake any anti-national activity, or of which members undertake
such activity.
CHAPTER II
ANTI-NATIONAL ASSOCIATIONS
3. Declaration of an association as anti-national.—(1) If the Federal Government is satisfied
that any association is, or has become, an anti-national association, it may, by notification in the official
Gazette, declare such association to be anti-national.
(2) Every such notification shall specify the grounds on which it is issued and such other
particulars as the Federal Government may consider necessary:
Provided that nothing in this sub-section shall require the Federal Government to disclose any
fact which it considers to be against the public interest to disclose.
(3) Every such notification shall have effect from the date of its publication in the official
Gazette.
(4) Every such notification shall be served on such association in such manner as the Federal
Government may think fit, and all or any of the following modes may be followed in effecting such
service, namely:—
(a) affixing a copy of the notification to some conspicuous part of the office, if any,
of the association; or
(b) serving a copy of the notification, where possible, on the principal office-
bearers, if any of the association; or
(c) such other manner as may be prescribed.
4. Reference to Tribunal.—(1) Where any association has been declared anti-national by
notification issued under section 3, the Federal Government shall, within thirty days from the date of
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the publication of the notification, refer the notification to the Tribunal for the purpose of adjudicating
whether or not there is sufficient cause for declaring the association anti-national.
(2) On receipt of a reference under sub-section (I), the Tribunal shall, by notice in writing, call
upon the association affected to show cause, within thirty days from the date of the service of such
notice, why the association should not be declared anti-national.
(3) After considering the cause, if any, shown by the association or the office-bearers or
members thereof, the Tribunal shall hold an inquiry in the manner specified in section 9 and, after
calling for such further information as it may consider necessary from the Federal Government or from
any office-bearer or member of the association, it shall decide whether or not there is sufficient cause
for declaring the association anti-national and make, as expeditiously as possible and in any case within
a period of six months from the date of the issue of the notification under section 3, such order as it
may deem fit either confirming the declaration made in the notification or cancelling the declaration.
(4) The order of the Tribunal made under sub-section (3) shall be published in the official
Gazette.
5. Tribunal.—(1) The Federal Government may, by notification in the official Gazette,
constitute, as and when necessary, a Tribunal to be known as the Anti-National Activities Prevention
Tribunal consisting of a person who is a Judge of a High Court, to be appointed by the Federal
Government in consultation with the Chief Justice of the High Court of which he is a Judge.
(2) If, for any reason, a vacancy occurs in the Tribunal, then the Federal 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 occurs.
(3) The Federal Government shall make available to the Tribunal such staff as may be necessary
for the discharge of its functions under this Act.
(4) 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 at which it will
hold its sittings.
(5) 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 (Act V 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;
(c) the reception of evidence on affidavit;
(d) the requisitioning of any public record from any court or office;
(e) the issuing of commission for the examination of a witness.
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(6) Any proceeding before the Tribunal shall be deemed to be a judicial proceeding within the
meaning of sections 193 and 228 of the Pakistan penal Code (Act XLV of 1860), and the Tribunal shall
be deemed to be a civil court for the purposes of section 195 and Chapter XXXV of the Code of
Criminal Procedure, 1898 (Act V of 1898).
6. Finality, and cancellation, of notification.—(1) Subject to the provisions of sub-section
(2), a notification issued under section 3 shall, if the declaration made therein is confirmed by the
Tribunal by an order made under section 4, become final.
(2) Notwithstanding anything contained in sub-section (I), the Federal Government may, at any
time, either on its own motion or on the application of any person aggrieved thereby, cancel a
notification issued under section 3, whether or not the declaration made therein has been confirmed by
the Tribunal.
7. Power to prohibit the use of funds of an anti-national association.—(1) Where any
association has been declared anti-national by a notification issued under section 3 and the Federal
Government is satisfied, after such inquiry as it may think fit, that any person has custody of any
money, securities or credits which are being used or are intended to be used for the purposes of the
anti-national association, the Federal Government may, by order in writing, prohibit such person from
paying, delivering, transferring or otherwise dealing in any manner whatsoever with such moneys,
securities or credits or with moneys, securities or credits which may come into his custody after the
making of the order, save in accordance with the written orders of the Federal Government; and a copy
of such order shall be served upon the person so prohibited in the manner specified in sub-section (3).
(2) The Federal Government may endorse a copy of an order made under sub-section (1) for
investigation to any officer of the Government, and such copy shall be a warrant whereunder such
officer may enter in or upon any premises of the person to whom the order is directed, examine the
books of such person, search for moneys, securities or credits, and make inquiries from such person or
any officer, agent or servant of such person, touching the origin of any dealings in any moneys,
securities or credits which the investigation officer may suspect are being used or are intended to be
used for the purposes of the anti-national association.
(3) A copy of an order made under sub-section (I) shall be served in the manner provided in the
Code of Criminal Procedure, 1898 (Act V of 1898), for the service of a summon or, where the person
to be served is a corporation, company, bank or other association, it shall be served on any secretary,
director or other officer or person concerned with the management thereof, or by leaving it or sending
it by post addressed to the corporation, company, bank or other association at its registered office, or
where there is no registered office, at the place where it carries on business.
(4) Any person aggrieved by an order made under sub-section (I) may, within ninety days from
the date of the service of such order, make an application to the District Judge within the local limits
of whose jurisdiction such person voluntarily resides or carries on business or personally works for
gain, to establish that the moneys, securities or credits to which the order relates are not being used, or
are not intended to be used, for the purposes of the anti-national association and the District Judge
shall decide the question.
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(5) Except so far as is necessary for the purposes of any proceedings under this section, no
information obtained in the course of any investigation made under sub-section (2) shall be divulged
by any person without the consent of the Federal Government.
(6) In this section, “security'' includes a document whereby any person acknowledges that he
is under a legal liability to pay money, or whereunder any person obtains a legal right to the payment
of money.
8. Power to notify places used for purposes of an anti-national association.—(1) Where an
association has been declared anti-national by a notification issued under section 3, the Federal
Government may, by notification in the official Gazette, notify any place which in its opinion is used
for the purposes of such association, hereinafter referred to as the notified place.
Explanation.— For the purposes of this sub-section, “place includes a house or building, or
part thereof, and a tent or vessel”.
(2) On the issue of a notification under sub-section (I) in respect of any place, the District
Magistrate within the local limits of whose jurisdiction such notified place is situate, or any officer not
below the rank of 1[an Executive Magistrate] authorised by him in writing in this behalf, shall make,
in the presence of two respectable witnesses, a list of all movable properties found in such place.
(3) If, in the opinion of the District Magistrate, any articles mentioned in the list are, or may be
used for the purposes of the anti-national association, he may make an order prohibiting any person
from using the articles have in accordance with the written orders of the District Magistrate.
(4) The District Magistrate may thereupon make an order that no person who, at the date of the
notification, was not residing in the notified place shall, without the permission of the District
Magistrate, enter, or be on or in, the notified place:
Provided that no such order shall be made in respect of any person who is a near relative of, or
has any professional business with, any person who was residing in the notified place at the date of the
notification.
(5) Where in pursuance of sub-section (4) any person is granted permission to enter, or to be
on or in, the notified place, that person shall, while acting under such permission, comply with such
orders for regulating his conduct as may be given by the District Magistrate.
(6) Any police officer, not below the rank of a sub-inspector, or any other person authorised in
this behalf by the Federal Government may search any person entering, or seeking to enter or being
on or in, the notified place and may detain any such person for the purpose of searching him:
Provided that no female shall be searched in pursuance of this sub-section except by a female.
(7) If any person is in the notified place in contravention of an order made under sub-section
(4), then, without prejudice to any other proceedings which may be taken against him, he may be
removed therefrom by any police officer or by any other person authorised in this behalf by the Federal
Government.
1
Subs by Ord. XXVII of 1981, s.3, sch-II.
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(8) Any person aggrieved by a notification issued in respect of a place under sub-section (I) or
by an order made under sub-section (3) or sub-section (4) may, within thirty days from the date of the
notification or order, as the case may be, make an application to the District Judge within the local
limits of whose jurisdiction such notified place is situate—
(a) for a declaration that the place has not been used for the purpose of the anti-
national association; or
(b) for setting aside the order made under sub-section (3) or sub-section (4),
and on receipt of the application the District Judge shall, after giving the parties an opportunity of
being heard, decide the question.
9. Procedure to be followed in the disposal of applications under this Act. ___Subject to any
rules that may be made under this Act, the procedure to be followed by the Tribunal in holding any
inquiry under sub-section (3) of section 4 or by the District Judge in disposing of any application under
sub-section (4) of section 7 or sub-section (8) of section 8 shall, so far as may be, be the procedure laid
down in the Code of Civil Procedure, 1908 (Act V of 1908), for the investigation of claims and the
decision of the Tribunal or the District Judge, as the case may be, shall be final.
CHAPTER III
OFFENCES AND PENALTIES
10. Penalty for being member of an anti-national association. ___Whoever is and continues
to be a member of an association declared anti-national by a notification issued under section 3 or takes
part in meetings of any such association, or contributes to, or receives or solicits any contribution for
the purpose of, any such association or in any way assists the operations of any such association, shall
be punishable with imprisonment for a term which may extend to two years, and shall also be liable to
fine.
11. Penalty for dealing with funds of an anti-national association. ___If any person on whom
an order has been served under sub-section (1) of section 7 in respect of any moneys, securities or
credits pays, delivers, transfers or otherwise deals in any manner whatsoever with such money,
securities or credits in contravention of the order, he shall be punishable with imprisonment for a term
which may extend to three years, and shall also be liable to fine, and, notwithstanding anything
contained in the Code of Criminal Procedure, 1898 (Act V of 1898), the court trying such contravention
may also impose on such person an additional fine to recover from him the amount of the moneys or
credits, or the market value of the securities, in respect of which the order has been contravened or
such part thereof as the court may deem fit.
12. Penalty for contravention of an order made in respect of a notified place.—(1)
Whoever knowingly and wilfully is in, or effects or attempts to effect entry into, a notified place in
contravention of an order made under sub-section (4) of section 8 in respect thereof shall be punishable
with imprisonment for a term which may extend to one year, and shall also be liable to fine.
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(2) Whoever uses any article in contravention of an order in respect thereof made under sub-
section (3) of section 8 shall be punishable with imprisonment for a term which may extend to one
year, and shall also be liable to fine.
13. Punishment for anti-national activities.—(1) Whoever—
(a) takes part in or commits, or
(b) advocates or abets, or attempts to advocate or abet, the commission of,
any anti-national activity, shall be punishable with imprisonment for a term which may extend to seven
years, and shall also be liable to fine.
(2) Whoever, in any way, assists any anti-national activity of any association declared anti-
national under section 3, shall be punishable with imprisonment for a term which may extend to five
years, and shall also be liable to fine.
CHAPTER IV
MISCELLANEOUS
14. Continuance of association. ___An association shall not be deemed to have ceased to exist
by reason only of any formal act of its dissolution or change of name but shall be deemed to continue
so long as any actual combination for the purposes of such association continues between any members
thereof.
15. Bar of jurisdiction, etc.—(1) Save as otherwise expressly provided in this Act, no order
made or proceeding taken under section 3, section 7 or section 8 by the Federal Government or the
District Magistrate or any officer authorised in this behalf by the Federal Government or the District
Magistrate shall be called in question in any court, and no injunction shall be granted by any court or
other authority in respect of any action taken or to be taken in pursuance of any power conferred by or
under this Act.
(2) Any person aggrieved by a decision of the Tribunal may, within ninety days from the date
of such decision, prefer an appeal to the Supreme Court.
(3) Any person aggrieved by a decision of a District Judge may, within ninety days from the
date of such decision, prefer an appeal to the High Court.
16. Prosecution for offences under this Act.—No court shall take cognizance of any offence
punishable under this Act except with the previous sanction of the Federal Government or a Provincial
Government or an officer authorised by either Government in this behalf.
17. Protection of action taken in good faith.—(1) No suit or other legal proceeding shall lie
against the Government in respect of any loss or damage caused or likely to be caused by anything
which is in good faith done or intended to be done in pursuance of this Act or any rules or orders made
thereunder.
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(2) No suit, prosecution or other legal proceeding shall lie against the District Magistrate or
any officer authorised in this behalf by the Government or the District Magistrate in respect of anything
which is in good faith done or intended to be done in pursuance of this Act or any rules or orders made
there under.
18. Power to delegate. ___The Federal Government may, by notification in the official Gazette,
direct that all or any of its powers under section 7 or section 8 shall, in such circumstances and under
such conditions, if any, as may be specified in the notification, be exercisable also by any Provincial
Government and the Provincial Government may, with the previous approval of the Federal
Government, by order in writing direct that any power which has been so directed to be exercised by
it shall, in such circumstances and under such conditions, if any, as may be specified in the direction,
be exercisable by any person subordinate to the Provincial Government, not being a person below the
rank of Sub-divisional Magistrate, as may be so specified.
19. Act, etc., to override other laws. ___The provisions of this Act or any rule or order made
thereunder shall have effect notwithstanding anything inconsistent therewith contained in any
enactment other than this Act or any instrument having effect by virtue of any enactment other than
this Act.
20. Power to make rules.—(1) The Federal Government may, by notification in the official
Gazette, make rules to carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:—
(a) the service of notices or orders issued or made under this Act and the manner in
which such notices or orders may be served, where the person to be served is a
corporation, company, bank or other association;
(b) the procedure to be followed by the Tribunal or a District Judge in holding any
inquiry or disposing of any application under this Act.
21. Repeal, etc.—(1) In the Prevention of Anti-National Activities Ordinance, 1973 (XXIX of
1973), section 21 shall be omitted and shall be deemed always to have been omitted and the Criminal
Law Amendment Act, 1908 (XIV of 1908), shall stand revived and shall have effect and shall be
deemed always to have had effect as if it had never been repealed by the said Ordinance.
(2) The Prevention of Anti-National Activities Ordinance, 1973 (XXIX of 1973), is hereby
repealed.
___________
RGN Date: 21-05-2024
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