 bill no 7 of  2017 the designation of states as sponsor of terrorism bill, 2017 byshri arvind sawant, mp a billto designate certain states as sponsor of terrorism, to provide for withdrawal of trade relations with such states, to create legal, economic and travel sanctions for the citizens of such states and for matters connected therewith or incidental theretowhereas the islamic republic of pakistan propagates and harbours agents of international terror who have repeatedly attacked the territory and people of the republic of india and there is an urgent need to co-ordinate activities at the international and national level to ensure the best response to protect the interests of the republic of india and its citizens;and whereas the islamic republic of pakistan poses a continual risk to the peace and security of the region so long as it continues to harbour agents of terror and propagates acts of terror against the territory and citizens of the republic of indiabe it enacted by parliament in the sixty-eighth year of the republic of india as follows:—short title and commencement1 (1 ) this act may be called the declaration of states as sponsor of title and terrorism act, 20175(2) it shall come into force on such date as the central government may, by notification in the official gazette, appointdefinitions2 in this act, unless the context otherwise requires,—(a) "abet" includes—10(i) the communication or association with any person or class or personswho is engaged in assisting in any manner terrorists and disruptionists;(ii) the passing on or the publication of, without any lawful authority, anyinformation likely to assist the terrorists or disruptionists or the passing on or the publication or distribution of any document or matter obtained from terrorists or disruptionists;15(iii) the rendering of any assistance, whether financial or otherwise, toterrorists or disruptionists; and(iv) the failure to apprehend and punish, as per the laws of such country,persons involved in any terrorist act against the people or any section of the people in india;20(b) "terrorist act" means doing of any act with intent to threaten or likely to threaten the unity, integrity, security or sovereignty of india or with the intent to strike terror in the people or any section of the people in india, or in any foreign county, or with the intent to influence by threat or likely to influence by the threat the government of india or an international government organisation—25(i) by using bombs, dynamites or other explosive substances or inflammablesubstances or firearms or other lethal weapons or poisonous or noxious gases or other chemicals of by any other substances (whether biological, radioactive, nuclear or otherwise) of a hazardous nature or by any other means or whatever nature to cause—(a) death of, or injuries to any person or persons: or30(b) loss of, or damage to or destruction of property: or (c) disruption of any supplies or services essential to the life of thecommunity in india or in any foreign country: or35(d) damage or destruction of any property in india or in a foreigncountry used or intended to be used for the defence of india or in connection with any other purposes of the government of india, any state government or any of their agencies: or (ii) by overawing by means of criminal force or the show of criminal forceof attempt to do so or causes death of any public functionary: or(iii) by designing to seriously interferes with or seriously disrupts an electronic system, computer system or network or to attempt to do so: or(iv) by providing support by means of sponsoring or making provisions, including by non-enforcement of any law to prevent the same for the training of any militia paramilitary or guerrilla forces to wage proxy war against the government of india: or(v) by detaining, kidnapping or abducting any person and threatens to kill or injure such person or does any other act in order to compel the government of india, any state government or the government of a foreign country or any other person to do or abstain from doing any act, commits a terrorist act5explanation i— for the purposes of this section, public functionary means the constitutional authorities and any other functionary notified in the official gazette by the central government as a public functionary under the unlawful activities (prevention) act, 196710explanation ii— for the purposes of this section, a terrorist act shall include an act of terrorism involving citizens or the territory of more than one country15explanation iii— without prejudice to the foregoing provisions and unless the context otherwise requires the term 'terrorism' shall mean premeditated violence motivated by any political, religious, radical or ideological cause perpetrated against 'non-combatant' targets by sub-national groups or clandestine agents20explanation iv— for the purposes of this section, the term 'noncombatant' implies, in addition to civilians, those military personnel (whether or not armed or on duty) who are not deployed in a war zone or even if they are deployed in a war zone, they are not directly taking part in hostilities;(c) "state sponsor of terrorism" means the country specified in the schedule to this act and shall include such other countries as so designated by the central government by notification in the official gazette and included in the schedule to this act25prohibitions3 (1) whoever being a head of the state sponsor of terrorism or member of the government of such state or a citizen or a body corporate belonging or affiliated to a country designated by the central government as a state sponsor of terrorism and included in the schedule to this act shall be subject to the following prohibitions—(a) he shall he prohibited to travel within the territory of india and shall not be eligible for the grant of visa;30(b) he shall he prohibited from trading with any individual entity or body corporate in india;35(c) he shall be prohibited from receiving or making grants, financial remittancesinvestments or assets of any description whether corporeal or incorporeal, movable or immovable, tangible or intangible, wherever located, or providing or receiving financial assistance or aid from or to any individual entity or body corporate in india;(d) he shall be subject to prohibition of undertaking maritime activities including but not limited to fishing or trawling or entering the territorial waters of india;40(e) he shall be prohibited from overflight over the geographical boundaries ofindia(2) the status of most favoured nation or favoured nation granted to the state sponsor of terrorism nation shall be deemed to have been withdrawn from date of coming into force of this act45(3) the states which sponsor terrorism and do not initiate any action against the terrorist leaders, terrorists and their camps shall he declared as "state of and for terrorist"(4) the central government may, if it deems appropriate, relax the prohibition referred to in clauses (a) to (e) of sub-section (1)4 (1) any individual being a head of the state, member of the government, a citizen or a body corporate of another country, who abets the state sponsor of terrorism shall be subject to such prohibitions referred to in sub-section (1) of section 3 as the central government may deem appropriaterestrictions for aiding andabetting states sponsor ofterrorism5(2) the central government may, if it deems appropriate, relax the prohibitions ofsub-section (1)5 (1) the central government may, by notification in the official gazette, revoke thediplomatic immunity of officials of a state sponsor of terrorism and make such officials amenable to the jurisdiction of the courts in indialiability ofofficials ofstates sponsor of terrorism10(2)  notwithstanding anything contained in other law for the time being in force, anofficial of a state designated as sponsor of terrorism shall not be immune from any suit brought against him in any court in india in which monetary damages and compensation are sought against such state for causing physical injury to persons or damage to property or death of persons by an act of terrorism156 the government of india shall use all available diplomatic means including itsvoting power to oppose any loan or other use of funds of any international financial institution to a state sponsor of terrorismopposition to assistance by international financial institutions states sponsor of terrorism20explanation—in this section the term 'international financial institution' includesthe international bank for reconstruction and development and the international monetary fundprohibition on trade and investment7 (1) no individual, or body corporate shall import into or export from the  territory ofindia any goods or services from or into any country which has been designated as a state sponsor of terrorism25explanation— in this sub-section, the term 'import into or export from the territory ofindia' shall include transactions in foreign exchange or transfer credit or payment between any banking institution or a national thereof or import or export of currency or securities to and from a state sponsor of terrorism30(2) no individual or body corporate shall make any new investment in a state sponsorof terrorism or in property owned or controlled by the government of such a state or a national thereofoffences and penalties8 (1) whoever contravenes any provision of this act, or otherwise deals in anymanner whatsoever, with a state sponsor of terrorism, shall he published with imprisonment for a term which may extend to five years or with fine or with both(2) an offence punishable under this act shall be cognizable35power to make rules9 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the provisions of this act4045(2) every rule made under this act shall be laid, as soon as may be after it is made,before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session, or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule the  schedule[see sections 2(c) and 3(1)]1 the islamic republic of pakistan statement of objects and reasonsour country and indeed countries in the region and around the world have been subjected to numerous terror attacks, from organisations and individuals based in pakistan and with the support of elements in the government of islamic republic of pakistan india in particular has suffered numerous attacks like 26/11 mumbai and most recent attack in uri on september 18, 2016 there has been widespread international condemnation of the attack and also of the islamic republic of pakistan by most nationsdespite undeniable evidence to substantiate that the islamic republic of pakistan sponsors terror in india, we have continued to remain engaged diplomatically, culturally and economically with the islamic republic of pakistan for decadesthe strategic restraint practiced by india in the last decade has come at a heavy priceseveral hundred brave men of our security forces and citizens have been killed in various terror attacks on our soilthe islamic republic of pakistan continues to provide safe heaven to dreaded terrorists like hafeez saeed and terrorist organizations like the taliban, al-qaeda, jama'at-ud-da"wah, jaish-e-mohammad, the haqqani network, lashkar-e-toiba among many othersthis proxy war being waged against india has also forced us to incur unprecedented economic expenditurewhile we are looking at the international community to recognize and declare pakistan as a terror state, it is for us, as the most affected country, to take the first step towards this we must go beyond merely condemning the attacks on our sovereignty time and again and take a decisive and strong step to declare the islamic republic of pakistan a terror statethis bill underlines our strong condemnation of islamic republic of pakistan's propagation and sponsorship of international terror and recognises its role in providing a safe heaven to dreaded terrorists and terror organisations and its active role in abetting and aiding infiltration of terrorists from its soil into indiapakistan poses a continual risk to the peace, security and stability of the region the bill, therefore, seeks to terminate and prohibit further economics, trade, sports and cultural agreements with pakistan it also prescribes repealing the most favoured nation status given by india to pakistan and also the indus water treatyhence this billnew delhi;arvind sawantdecember 2, 2016 memorandum regarding delegated legislationclause 9 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character———— a billto designate certain states as sponsor of terrorism, to provide for withdrawal of trade relations with such states, to create legal, economic and travel sanctions  for the citizens of such states and for matters connected  therewith or  incidental thereto————(shri arvind sawant, mp)gmgipmrnd—4056ls(s3)—01-03-2017