Chapter VI
[i][TERRORIST ORGANISATIONS AND INDIVIDUALS]
35. Amendment of Schedule, etc.
35. Amendment of Schedule, etc.—(1) The Central Government may, by [ii][notification], in the Official Gazette,—
(a) add an organisation to the [iii][First Schedule] [iv][or the name of an individual in the Fourth Schedule];
(b) add also an organisation to the [v][First Schedule], which is identified as a terrorist organisation in a resolution adopted by the Security Council under Chapter VII of the Charter of the United Nations [vi][or the name of an individual in the Fourth Schedule], to combat international terrorism;
(c) remove an organisation from the [vii][First Schedule] [viii][or the name of an individual from the Fourth Schedule];
(d) amend the [ix][First Schedule] [x][or the Fourth Schedule] in some other way;
(2) The Central Government shall exercise its power under clause (a) of sub-section (1) in respect of [xi][an organisation or an individual only if it believes that such organisation or individual is] involved in terrorism.
(3) For the purposes of sub-section (2), [xii][an organisation or an individual shall be deemed to be involved in terrorism if such organisation or individual]—
(a) commits or participates in acts of terrorism, or
(b) prepares for terrorism, or
(c) promotes or encourages terrorism, or
(d) is otherwise involved in terrorism.
[xiii][(4) The Central Government may, by notification in the Official Gazette, add to or remove or amend the Second Schedule or Third Schedule and thereupon the Second Schedule or the Third Schedule, as the case may be, shall be deemed to have been amended accordingly.
(5) Every notification issued under sub-section (1) or sub-section (4) shall, as soon as may be after it is issued, be laid before Parliament.]
36. Denotification of terrorist organisation or individual.
36. Denotification of [xiv][terrorist organisation or individual].—(1) An application may be made to the Central Government for the exercise of its power under clause (c) of sub-section (1) of Section 35 to remove [xv][an organisation from the First Schedule, or as the case may be, the name of an individual from the Fourth Schedule].
(2) An application under sub-section (1) may be made by—
(a) the organisation, or
(b) any person affected by inclusion of the organisation in the [xvi][First Schedule as a terrorist organisation, or].
[xvii][(c) any person affected by inclusion of his name in the Fourth Schedule as a terrorist.].
(3) The Central Government may prescribe the procedure for admission and disposal of an application made under this section.
(4) Where an application under sub-section (1) has been rejected the applicant may apply for a review to the Review Committee constituted by the Central Government under sub-section (1) of Section 37 within one month from the date of receipt of the order of such refusal by the applicant.
(5) The Review Committee may allow an application for review against rejection to remove [xviii][an organisation from the First Schedule or the name of an individual from the Fourth Schedule], if it considers that the decision to reject was flawed when considered in the light of the principles applicable on an application for judicial review.
(6) Where the Review Committee allows review under sub-section (5) by or in respect of an organisation [xix][or an individual], it may make an order to such effect.
(7) Where an order is made under sub-section (6), the Central Government shall, as soon as the certified copy of the order is received by it, make an order removing the organisation from the [xx][First Schedule or the name of an individual from the Fourth Schedule].
37. Review Committees.
37. Review Committees.—(1) The Central Government shall constitute one or more Review Committees for the purposes of Section 36.
(2) Every such Committee shall consist of a Chairperson and such other members not exceeding three and possessing such qualifications as may be prescribed.
(3) A Chairperson of the Committee shall be a person who is, or has been, a judge of a High Court, who shall be appointed by the Central Government and in the case of appointment of a sitting Judge, the concurrence of the Chief Justice of the concerned High Court shall be obtained.
38. Offence relating to membership of a terrorist organisation.
38. Offence relating to membership of a terrorist organisation.—(1) A person, who associates himself, or professes to be associated, with a terrorist organisation with intention to further its activities, commits an offence relating to membership of a terrorist organisation:
Provided that this sub-section shall not apply where the person charged is able to prove—
(a) that the organisation was not declared as a terrorist organisation at the time when he became a member or began to profess to be a member; and
(b) that he has not taken part in the activities of the organisation at any time during its inclusion in the [xxi][First Schedule] as a terrorist organisation.
(2) A person, who commits the offence relating to membership of a terrorist organisation under sub-section (1), shall be punishable with imprisonment for a term not exceeding ten years, or with fine, or with both.
39. Offence relating to support given to a terrorist organisation.
39. Offence relating to support given to a terrorist organisation.—(1) A person commits the offence relating to support given for a terrorist organisation,—
(a) who, with intention to further the activity of a terrorist organisation,—
(i) invites support for the terrorist organisation, and
(ii) the support is not or is not restricted to provide money or other property within the meaning of Section 40; or
(b) who, with intention to further the activity of a terrorist organisation, arranges, manages or assists in arranging or managing a meeting which, he knows, is—
(i) to support the terrorist organisation, or
(ii) to further the activity of the terrorist organisation, or
(iii) to be addressed by a person who associates or professes to be associated with the terrorist organisation; or
(c) who, with intention to further the activity of a terrorist organisation, addresses a meeting for the purpose of encouraging support for the terrorist organisation or to further its activity.
(2) A person, who commits the offence relating to support given to a terrorist organisation under sub-section (1) shall be punishable with imprisonment for a term not exceeding ten years, or with fine, or with both.
40. Offence of raising fund for a terrorist organisation.
40. Offence of raising fund for a terrorist organisation.—(1) A person commits the offence of raising fund for a terrorist organisation, who, with intention to further the activity of a terrorist organisation,—
(a) invites another person to provide money or other property, and intends that it should be used, or has reasonable cause to suspect that it might be used, for the purposes of terrorism; or
(b) receives money or other property, and intends that it should be used, or has reasonable cause to suspect that it might be used, for the purposes of terrorism; or
(c) provides money or other property, and knows, or has reasonable cause to suspect, that it would or might be used for the purposes of terrorism.
[xxii][Explanation.—For the purposes of this sub-section, a reference to provide money or other property includes—
(a) of its being given, lent or otherwise made available, whether or not for consideration; or
(b) raising, collecting or providing funds through production or smuggling or circulation of high quality counterfeit Indian currency.]
(2) A person, who commits the offence of raising fund for a terrorist organisation under sub-section (1), shall be punishable with imprisonment for a term not exceeding fourteen years, or with fine, or with both.
References
[i] Substituted for “TERRORIST ORGANISATIONS” by Act 28 of 2019, S. 4 (w.e.f. 14-8-2019).
[ii] Substituted for “order” by Act 3 of 2013, S. 12(a)(i) (w.e.f. 1-2-2013).
[iii] Substituted for “Schedule” by Act 3 of 2013, S. 12(a)(ii) (w.e.f. 1-2-2013).
[iv] Inserted by Act 28 of 2019, S. 5(i)(A) (w.e.f. 14-8-2019).
[v] Substituted for “Schedule” by Act 3 of 2013, S. 12(a)(ii) (w.e.f. 1-2-2013).
[vi] Inserted by Act 28 of 2019, S. 5(i)(B) (w.e.f. 14-8-2019).
[vii] Substituted for “Schedule” by Act 3 of 2013, S. 12(a)(ii) (w.e.f. 1-2-2013).
[viii] Inserted by Act 28 of 2019, S. 5(i)(C) (w.e.f. 14-8-2019).
[ix] Substituted for “Schedule” by Act 3 of 2013, S. 12(a)(ii) (w.e.f. 1-2-2013).
[x] Inserted by Act 28 of 2019, S. 5(i)(D) (w.e.f. 14-8-2019).
[xi] Substituted for “an organisation only if it believes that it is” by Act 28 of 2019, S. 5(ii) (w.e.f. 14-8-2019).
[xii] Substituted for “an organisation shall be deemed to be involved in terrorism if it” by Act 28 of 2019, S. 5(iii) (w.e.f. 14-8-2019).
[xiii] Inserted by Act 3 of 2013, S. 12(b) (w.e.f. 1-2-2013).
[xiv] Substituted for “a terrorist organisation” by Act 28 of 2019, S. 6(i) (w.e.f. 14-8-2019).
[xv] Substituted for “an organisation from the Schedule” by Act 28 of 2019, S. 6(ii) (w.e.f. 14-8-2019).
[xvi] Substituted for “Schedule as a terrorist organisation” by Act 28 of 2019, S. 6(iii)(A) (w.e.f. 14-8-2019).
[xvii] Inserted by Act 28 of 2019, S. 6(iii)(B) (w.e.f. 14-8-2019).
[xviii] Substituted for “an organisation from the Schedule” by Act 28 of 2019, S. 6(iv) (w.e.f. 14-8-2019).
[xix] Inserted by Act 28 of 2019, S. 6(v) (w.e.f. 14-8-2019).
[xx] Substituted for “Schedule” by Act 28 of 2019, S. 6(vi) (w.e.f. 14-8-2019).
[xxi] Substituted for “Schedule” by Act 28 of 2019, S. 7 (w.e.f. 14-8-2019).
[xxii] Substituted by Act 3 of 2013, S. 13 (w.e.f. 1-2-2013).
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