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 effec*tive

prevention of certain anti-national and treasonable activities of
individuals and associations and for matters connected there*with ;
It is hereby enacted as follows:—

l.— Short title, extent and commencement. (l) 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. Definition. 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 indivi*dual or association, whether by
committing an act or
(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 dis*rupting the unity of the people of Pakistan ; or
(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 associa*tion 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 :—
(o) 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 Govern*ment shall, within thirty days from the date of 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 (1), the I. 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 as*sociation 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 ap*pointed 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 ac*cordance 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, 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.
(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, and the Tribunal shall l-.e deemed to be a civil court for
the purposes of section 195 and Chapter XXXV of the Code of Criminal
Procedure, 1898.

6. — Finality, and cancellation, of notification. (1) Subject to the

provisions of sub-section (2), a noti*fication issued under section 3
shall, if the declaration made there*in is confirmed by the Tribunal by
an order made under section 4, become final.
(2) Notwithstanding anything contained in sub-section (1), 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, utter 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 where under 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 (1) shall be served in
the manner provided in the Code of Criminal Procedure, 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 (1)
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.
(5) Except so far as is necessary for the purposes &f 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 Govern*ment.
(6) In this section, “ security “ includes a document whereby any
person acknowledges that he is under a legal liability to pay money, or
where under 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,
here*inafter 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 (1) 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 a Magistrate of the first class 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.
(8) Any person aggrieved by a notification issued in res*pect of a place
under sub-section (1) 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 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 associ*ation declared
anti-national by a notification issued under section 3 or takes part in
meetings of any such association, or contri*butes 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 man*ner
whatsoever with such money, securities or credits in con*travention of
the order, he shall be punishable with imprison*ment 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, 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 willfully 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.
(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 (V) advocates or abets, or attempts to
advocate or abet, the commission of,
any anti-national activity, shall be punishable with imprison*ment 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 punish*able 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.
(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 con*ditions,
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 circum*stances 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 incon*sistent 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, Oy

notification in the official Gazette, make rules Ito 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 ;
(A) 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, section 21 shall be omitted and shall be deemed
always to have been omitted and the Criminal Law Amendment Act,
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 d” Anti-National Activities Ordinance, 1973, is
hereby repealed, j