1. Short title and extent.—(1) This Act may be called The Anti-Apartheid (United Nations
Convention) Act, 1981.
(2) It extends to the whole of India.
2. Application of the International Convention on the Suppression and Punishment of the
Crime of Apartheid.—(1) Notwithstanding anything to the contrary contained in any other law, such of
the provisions of the International Convention on the Suppression and Punishment of the Crime of
Apartheid as are setout in the Schedule shall have the force of law in India.
(2) The Central Government may, from time to time, by notification in the Official Gazette, amend
the Schedule in conformity with any amendments, duly made and adopted, of the provisions of the said
Convention set out therein.
(3) Every notification issued under sub-section (2) shall be laid, as soon as may be after it is issued,
before each House of Parliament.
3. Punishment for international criminal responsibility.—Every person to whom international
criminal responsibility applies under article III of the said Convention, as set out in the Schedule, shall be
punished with death, or imprisonment for life, or imprisonment for a term which may extend to ten years,
and shall also be liable to fine.
Explanation.—For the purposes of this section, the reference in clause (a) of article III of the said
Convention to “article II” shall be construed as a reference to the provisions of article II of that
Convention as set out in the Schedule.
4. Offences by companies, organisations or institutions.—Where an offence under this Act has
been committed by a company or an organisation or an institution, every person who, at the time the
offence was committed, was in charge of, and was responsible to, the company, organisation or
institution, as the case may be, for the conduct of its business or affairs, shall be deemed to be guilty of
the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this section shall render any such person liable to any punishment
provided in this Act if he proves that the offence was committed without his knowledge or that he
exercised all due diligence to prevent the commission of such offence.
Explanation.—For the purposes of this section, “company” means any body corporate and includes a
firm or other association of individuals.
5. Place of trial.—Any person committing an offence under section 3 may be tried for the offence in
any place in which he may be found or in such other place as the Central Government may, by general or
special order, published in the Official Gazette, direct in this behalf.
6. Previous sanction of the Central Government for arrest or prosecution.—No person shall be
arrested or prosecuted in respect of any offence under section 3 except with the previous sanction of the
Central Government or such officer or authority as may be authorised by that Government by order in
writing in this behalf.
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7. Provisions as to Extradition Act.—For the purposes of the Extradition Act, 1962 (34 of 1962),
the offence under section 3 shall not be considered to be an offence of a political character.