September 2024

The UAPA – an enhancement on the TADA (Terrorist and Disruptive Activities (Prevention) Act), which was allowed to lapse in 1995 and the Prevention of Terrorism Act (POTA) was repealed in 2004 — was originally passed in 1967 under the then Congress government led by former Prime Minister Indira Gandhi. Eventually, amendments were brought in under the successive United Progressive Alliance (UPA) governments in 2004, 2008 and 2013 Introduction The Unlawful Actions (Prevention) Act, 1967 (hereinafter ‘UAPA’) is designed to make illegal and terrorist activities that threaten India’s integrity and sovereignty, punishable by nature. It gives the Central Government, wide authority to designate organisations as terrorist organizations and to prescribe punishments for those who participate in such related activities. The Act was enacted to ease the process of prevention of certain illegal activities by persons and organisations, as well as matters related to them. The Act was amended by the Parliament in 2019 and the same was notified on August 8, 2019. The most notable alteration brought about by the amendment was that it changed Section 35 of the Act and provided the Central Government with the right to declare someone a ‘terrorist’ under Schedule IV. Individuals were not covered under the head of ‘terrorists’ prior to this amendment since only organisations were identified in that way. Salient Features of the UAPA Act The Act gives special procedures to handle terrorist activities, among other things. It aims at the effective prevention of unlawful activities associations in India. Unlawful activity refers to any action taken by an individual or association intended to disrupt the territorial integrity and sovereignty of India. Who may commit terrorism: According to the Act, the union government may proclaim or designate an organisation as a terrorist organisation if it: (i) commits or participates in acts of terrorism, (ii) prepares for terrorism, (iii) promotes terrorism, or (iv) is otherwise involved in terrorism. The Bill also empowers the government to designate individuals as terrorists on the same grounds.  UAPA has the death penalty and life imprisonment as the highest punishments. The Act assigns absolute power to the central government, by way of which if the Centre deems an activity as unlawful then it may, by way of an Official Gazette, declare it so. Under UAPA, both Indian and foreign nationals can be charged. The offenders will be charged in the same manner whether the act is performed in a foreign land, outside India. Approval for property seizure by National Investigation Agency (NIA): As per the Act, an investigating officer is required to obtain the prior approval of the Director-General of Police to seize properties that may be connected with terrorism. The Bill adds that if the investigation is conducted by an officer of the National Investigation Agency (NIA), the approval of the Director-General of NIA would be required for seizure of such property.  The investigation by the National Investigation Agency (NIA): Under the provisions of the Act, investigation of cases can be conducted by officers of the rank of Deputy Superintendent or Assistant Commissioner of Police or above. The Bill additionally empowers the officers of the NIA, of the rank of Inspector or above, to investigate cases.  Insertion to the schedule of treaties: The Act defines terrorist acts to include acts committed within the scope of any of the treaties listed in a schedule to the Act. The Schedule lists nine treaties, comprising of the Convention for the Suppression of Terrorist Bombings (1997), and the Convention against Taking of Hostages (1979). The Bill adds another treaty to this list namely, the International Convention for Suppression of Acts of Nuclear Terrorism (2005). Importance of UAPA, 1967 The Unlawful Acts (Prevention) Act, 1967 aims to prevent illegal activities in India. Its principal goal is to give authorities the power to deal with acts that threaten India’s integrity and sovereignty. The UAPA,1967 was enacted to make it easier to prevent certain illegal activities by persons and organisations, as well as matters related to them. UAPA was passed for the first time in 1967. The statute stems from a recommendation made by a committee created by the National Integration Council to look into the subject of ‘national integration and regionalization’ in order to impose ‘appropriate constraints.’ The Constitution (16th Amendment) Act of 1963 was passed in response to the committee’s findings, imposing reasonable restrictions on the exercise of some fundamental rights, including: Freedom of Speech and Expression. Right to assembly peacefully. Right to form associations and unions.  In order to enable the implementation of these restrictions, UAPA was introduced and enacted in the year 1967. Arguments in Favour of Amendments The objective of the proposed amendments is to facilitate speedy investigation and prosecution of terrorist offences and designating an individual as a terrorist in line with international practices.  The amendments will also allow the NIA probe cybercrimes and cases of human trafficking, sources aware of the proposal said Sunday.  Amendment to Schedule 4 of the Act, the NIA will be allowed to designate an individual suspected to have terror links as a terrorist. In the current scenario, before the amendment was made, only organisations were designated as ‘terrorist organisations’.  A strict law is of utmost necessity to strengthen the investigation agencies and to uproot terrorism from this country in this regard. Hon’ble Home Minister stated in Lok Sabha that law can not be misused against any individual, yet, those individuals who engage in terrorist activities against the security and sovereignty of India, including the urban Maoists, would not be spared by the investigating agencies either.  There are no changes to the bail or arrest provisions. Hence, it is evident that there will be no fundamental rights violation of anyone. Also, the burden of proof is on the investigating agency and not on the accused. The amendment about attaching properties amassed through proceeds of terrorism is being proposed in order to accelerate investigation in terror cases and is not against federal principles.  At present, Section 25 of the UAPA states that forfeiture of property acquired from terrorism can be done only with the prior approval given in writing by the DGPs of the state wherein lies such property. But the problem is

BOB was founded in 1908 in one of Gujarat’s towns, Baroda. Initially, a small financial enterprise, the Bank has grown to become one of the top names in the banking market. Bank of Baroda has always prioritized meeting its clients’ banking and financial needs. The Bank has always stayed ahead of the competition by implementing technology developments and innovations into its day-to-day operations. Bank of Baroda gives its clients a comprehensive range of banking and financial solutions. Opening a Current Account An individual has to obtain the prescribed account opening form from the bank. and submit the same after duly filling it. The necessary documents must be submitted to the bank at the time of opening the account. Every applicant has to sign the declaration form after agreeing with the terms of the Current Account. A recent passport size photograph of every proprietor/ partners/ account holder, office-bearers/ Directors of the company/ trustees and other officials to operate upon the account has to be given to the bank. The account has to be introduced by an existing current/ cash credit account holder who is active for a minimum of six months. Eligibility Sole Proprietorship Firms Partnership Firms Private Limited and Public Limited Companies Joint Hindu Families Trusts Clubs Minors above 14 years of age who can read and write Interest As per directives of the Reserve Bank of India (RBI), no interest has to be paid for maintaining the credit balance in the current account. Interest for Savings Bank will be paid on the credit balance of the deceased account holders from date of death till the date it is paid to the legal heirs. In scenarios where the sole proprietor is deceased, the interest will be rendered to the sole proprietary firm. Documents Required Identity proof – PAN card, voter ID card, passport, driving license. Address proof. Passport size photograph. PAN or Form 49 A with Form 60 (if applied for PAN). Account opening Cheque from existing Current Account. Current Account Options of the Bank Baroda Small Business Current Account (BSBCA) This account is specially designed for small businesses such as start-ups or mom-and-pop stores. The account can be opened by individuals, or proprietorship and partnership firms. Features This type of current account is based on the concept of ‘Pay as You Use’. Five Non-ADC transactions are free every month. A low Quarterly Average Balance requirement of Rs. 2,500. Transactions Transactions made with genuine purposes are allowed. Annual turnover permitted in the account is capped at Rs. 20 lakhs. The first five non-ADC transactions are free of cost, after which Rs.10 + S. tax will be charged per transaction for all non-ADC transactions routed through branches till the annual turnover reaches Rs 20 lakhs. If the annual turnover crosses Rs 20 lakhs, transaction charges are made at Rs 15+ S. tax per transaction will be levied. All ADC transactions are free irrespective of the number. Cash Deposit A sum of Rs. 50,000 or up to 10 packets can be deposited free of cost in a base branch and local non-base branch. A sum of Rs. 10 will be charged for every additional 1000 pieces (10 packets). There are no restrictions for cash deposit made in outstanding branches (if PAN is available). Cash deposits with a debit card are permitted up to a sum of Rs. 2,00,000 (if PAN is registered); deposits up to Rs. 49,999 can be made (if PAN is not registered). Minimum Balance Required The Minimum Quarterly Average Balance (QAB) requirement for this account is affixed at Rs. 2500. Non-maintenance of the Minimum QAB will warrant charges of Rs. 300 +ST per quarter. Withdrawals Cash can be withdrawn only through cheques and no cash withdrawals options are provided at the base branch. A total of five free transactions can be made in a month. Baroda Premium Current Account (BPCA) This current account provides unlimited checkbooks, free signature verification, discounts on demand draft and banker’s cheque facilities. Features Auto sweep / Reverse sweep feature. Waiver of processing charges on car loans. Unlimited issuance of chequebooks. Transaction Transactions made with genuine purposes are allowed. A ledger folio charge of Rs. 75 is levied on every 25 entries made on a quarterly basis. Cash Deposit The norms of cash deposit here is the same as that of Baroda Small Business Current Account. Minimum Balance Required A Minimum Quarterly Average Balance (QAB) of Rs. Rs 2,50,000 must be maintained in the account. Non-maintenance of Minimum QAB will incur a sum of Rs. 600 as a as well as transfer of funds outside the clearing area through cheservice charge, in addition to taxes. Withdrawals Withdrawals in this account can only be made through cheque. A sum of Rs. 50,000 per day can be withdrawn by an account holder in a day by self-cheque. Baroda Premium Current Account-Privilege This account is for medium to large scale businesses. The option provides the account holders with numerous free services and benefits such as an immediate credit of outstation cheques and auto payroll. Features Free transfer of Funds at CBS Branches outside clearing area. Auto sweep / Reverse sweep feature. Waiver of processing charges on car loans. A Minimum Quarterly Balance requirement of Rs. 2.5 Lakh. Transactions The transactional rules of this account are identical to the above one i.e., Baroda Premium Current Account. Minimum Balance Required With regards to Quarterly Average Balance, a sum of Rs. 2,50,000 and a sum of Rs. 1000+S.T will be charged for non-maintenance of Minimum QAB. Withdrawal The rules for withdrawal here holds similarities with the above account i.e., Baroda Premium Current Account. Baroda Advantage Current Account Baroda Advantage Current Account offers a wide range of benefits to both rural and urban customers, the likes of which include free mobile and internet banking and low minimum quarterly average balance. Features First-time free chequebook of 50 leaves. Free transfer of funds amongst CBS Branches, as well as a transfer of funds outside the clearing area through cheques. A Minimum Quarterly Balance of  Rs. 2,000 is to be maintained for Semi-Urban areas,