Anti-Terrorism Act, 1997 — Section 11N: Punishment under sections 11H to 11K

11N. Punishment under sections 11H to 11K. 1[(1)] Any person who commits an offence under sections 11H to 11K, shall be punishable on conviction with imprisonment for a term not less than 2 [five years] and not exceeding 2[ten years] and with fine 1[not exceeding twenty-five million rupees]. 1 [(2) If a legal person commits an offence under sections 11H to 11K such person shall be liable on conviction to a fine not exceeding fifty million rupees.

(3)Every director, officer or employee of such legal person found guilty shall be punishable on conviction with imprisonment for a term not less than five years and not exceeding ten years and with fine not exceeding twenty-five million rupees: Provided that the punishment of the director, officer or employee shall be effective and in due proportion to his role.] 3 [11O. Seizure, freeze and detention.__ (1) On proscription made under section 11B or, as the case may be, section 11EE,

(a)the money or other property owned or controlled, wholly or 1[jointly], directly or indirectly, by a proscribed organization or proscribed person, shall be frozen or seized, as the case may be 1[, without any prior notice and without delay];

(b)the money or other property derived or generated from any property referred in clause (a) shall be frozen or seized, as the case may be 1[, without any prior notice and without delay];

(c)no person shall use, transfer, convert, dispose of or remove such money or other property with effect from proscription; 1[*] 1Numbered, ins., added, subs. and omitted by Act No. XXIII of 2020, ss. 5-6. 2Subs. by Act No. II of 2005, s. 5. 3Subs. by Act No. VII of 2014, s. 10. 1 [ (d) within forty-eight hours of any freeze or seizure, the person carrying out the freeze or seizure or any action under clause (c) shall set out the steps taken to ensure that no money, property or services are made available, directly or indirectly, wholly or jointly for the benefit of the proscribed organization or person and shall submit a report containing details of the property and the persons affected by the freeze or seizure to such office of the Federal Government as may be notified in the official Gazette; and] 1 [(e) the money or other property of any person acting on behalf of, or at the direction of, proscribed persons or organizations shall be frozen or seized, as the case may be, without any prior notice and without delay;]

(2)On an application made by a proscribed organization or proscribed person, the Federal Government may authorize such organization or person to access such money or other property or avail such services as may be prescribed.] 1[11OOO. Violation of UN Security Council Resolution. — (1) A person is guilty of an offence if he, in any way whatsoever, refuses or fails to comply with the orders of the Federal Government under section 2 of the United Nations (Security Council) Act, 1948 (XIV of 1948).

(2)A person guilty of an offence under sub-section (1), shall be liable on conviction to imprisonment for a term not exceeding ten years or with fine not exceeding twentyfive million rupees or with both.

(3)If a legal person or body corporate, commits an offence under sub-section (1), such person or body corporate shall be liable on conviction to fine not exceeding fifty million rupees and every director, officer or employee of such legal person or body corporate found guilty of the violation shall be liable on conviction to imprisonment for a term not exceeding ten years or with fine not exceeding twenty five million rupees or with both.

(4)Notwithstanding anything contained in sub-section (2), of section 11OOO, if any public servant is found negligent in complying with the provisions of sub-section (1), such public servant shall be proceeded again under respective service rules for administrative action.] 2 [11P. Application by investigating officer to Court.__ (1) An investigating officer may apply to a court for an order under this section for attachment of a terrorist property.

(2)An order under this section, shall

(a)provide for attachment of the terrorist property for a period specified in the order or pending completion of the investigation; and

(b)require notice to be given to the person from whom such property was attached and to any other person who is affected by and specified in the order.

(3)Any cash attached under this section shall be held in a profit and loss account and the profit and loss so earned shall be added to it on its release or forfeiture.]