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Thu Dec 20 22:21:56 IST 2001

PRENTION OF TERRORISM ORDINANCE, 2001
NO 9 of 2001

Promulgated by the President in the Fifty-second Year of the Republic of India.An Ordinance to make provisions for the prevention of, and for dealing with, terrorist activities and for matters connected therewith.

WHEREAS Parliament is not in session and the President is satisfied that circumstances exist which render it necessary for him to take immediate action;

NOW, THEREFORE, in exercise of the powers conferred by clause (1) of article 123 of the Constitution, the President is pleased to promulgate the following Ordinance:-

CHAPTER I: PRELIMINARY
CHAPTER II: PUNISHMENT FOR, AND MEASURES FOR DEALING WITH, TERRORIST ACTIVITIES
CHAPTER III: TERRORIST ORGANISATIONS
CHAPTER IV: SPECIAL COURTS
CHAPTER V: INTERCEPTION OF COMMUNICATION IN CERTAIN CASES
CHAPTER VI: MISCELLANEOUS
SCHEDULE: TERRORIST ORGANISATIONS

CHAPTER I
PRELIMINARY
1. (1) This Ordinance may be called the Prevention of Terrorism Ordinance, 2001.
(2) It extends to the whole of India.
(3) Every person shall be liable to punishment under this Ordinance for every act or omission contrary to the provisions thereof, of which he is held guilty in India.
(4) Any person who commits an offence beyond India which is punishable under this Ordinance shall be dealt with according to the provisions of this Ordinance in the same manner as if such act had been committed in India.
(5) The provisions of this Ordinance apply also to-
(a) citizens of India outside India;
(b) persons in the service of the Government, wherever they may be; and
(c) persons on ships and aircrafts, registered in India, wherever they may be.
(6) It shall come into force at once and shall remain in force for a period of five years from the date of its commencement, but its expiry under the operation of this sub-section shall not affect -
(a) the previous operation of, or anything duly done or suffered under this 
Ordinance, or
(b) any right, privilege, obligation or liability acquired, accrued or incurred un
r this Ordinance, or
(c) any penalty, forfeiture or punishment incurred in respect of any offence under this Ordinance, or
(d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment 
as aforesaid,and, any such investigation, legal proceeding or remedy any be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if this Ordinance had not expired.
2. (1) In this Ordinance, unless the context otherwise requires,-
(a) "Code" means the Code of Criminal Procedure, 1973;
(b) Designated Authority shall mean such officer of the Central Government not below the rank of Joint Secretary to the Government, or such officer of 
the State Government not below the rank of Secretary to the Government, as the case may be, as may be specified by the Central Government or as the case may be, the State Government, by a notification published in the 
Official Gazette;
(c) proceeds of terrorism shall mean all kinds of properties which have been derived or obtained from commission of any terrorist act or have been acquired through funds traceable to a terrorist act, and shall include cash, irrespective of person in whose name such proceeds are standing or in whose possession they are found;
(d) "property" means property and assets of every description, whether corporeal or incorporeal, movable or immovable, tangible or intangible and deeds and instruments evidencing title to, or interest in, such property or assets;
(e) Public Prosecutor" means a Public Prosecutor or an Additional Public Prosecutor or a Special Public Prosecutor appointed under section 28 and includes any person acting under the directions of the Public Prosecutor;
(f) Special Court means a Special Court constituted under section 23;
(g) terrorist act" has the meaning assigned to it in sub-section (1) of section 3, and the expression "terrorist" shall be construed accordingly;
(h) State Government, in relation to a 

(i) words and expressions used but not defined in this Ordinance and defined in the Code shall have the meanings respectively assigned to them in the Code.
(2) Any reference in this Ordinance to any enactment or any provision thereof shall, in relation to an area in which such enactment or such provision is not in force, be construed as a reference to the corresponding 
law or the relevant provision of the corresponding law, if any, in force in that area.
CHAPTER II
PUNISHMENT FOR, AND MEASURES FOR DEALING WITH, TERRORIST ACTIVITIES
3. (1) Whoever, -
(a) with intent to threaten the unity, integrity, security or sovereignty of India or to strike terror in the people or any section of the people does any act or thing by using bombs, dynamite or other explosive substances or inflammable substances or fire arms or other lethal weapons or poisons or noxious gases or other chemicals or by any other substances (whether 
biological or otherwise) of a hazardous nature or by any other means whatsoever, in such a manner as to cause, or likely to cause, death of, or injuries to any person or persons or loss of, or damage to, or destruction 
of, property or disruption of any supplies or services essential to the life of the community or causes damage or destruction of any property or equipment 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 detains any person and threatens to kill or injure such person in order to compel the Government or any other 
person to do or abstain from doing any act;
(b) is or continues to be a member of an association declared unlawful under the Unlawful Activities (Prevention) Act, 1967, or voluntarily does an act 
aiding or promoting in any manner the objects of such association and in either case is in possession of any unlicensed firearms, ammunition, explosive or other instrument or substance capable of causing mass 
destruction and commits any act resultin
ificant damage to any property,commits a terrorist act.
Explanation.- For the purposes of this sub-section, a terrorist act shall include the act of raising funds intended for the purpose of terrorism.
(2) Whoever commits a terrorist act, shall,-
(i) if such act has resulted in the death of any person, be punishable with death or imprisonment for life and shall also be liable to fine;
(ii) in any other case, be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life and shall also be liable to fine.
(3) Whoever conspires or attempts to commit, or advocates, abets, advises or incites or knowingly facilitates the commission of, a terrorist act or any 
act preparatory to a terrorist act, shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life and shall also be liable to fine.
(4) Whoever voluntarily harbours or conceals, or attempts to harbour or conceal any person knowing that such person is a terrorist shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to imprisonment for life and shall also be liable to fine:
Provided that this sub-section shall not apply to any case in which the harbour or concealment is by the husband or wife of the offender.
(5) Any person who is a member of a terrorist gang or a terrorist organisation, which is involved in terrorist acts, shall be punishable with imprisonment for a term which may extend to imprisonment for life or with 
fine which may extend to rupees ten lakh or with both.
Explanation.- For the purposes of this sub-section, terrorist organisation means an organisation which is concerned with or involved in terrorism.
(6) Whoever knowingly holds any property derived or obtained from commission of any terrorist act or has been acquired through the terrorist funds shall 
be punishable with imprisonment for a term which may extend to imprisonment for life o

(7) Whoever threatens any person who is a witness or any other person in whom such witness may be interested, with violence, or wrongfully restrains or confines the witness, or any other person in whom the witness may be 
interested, or does any other unlawful act with the said intent, shall be punishable with imprisonment which may extend to three years and fine.
(8) A person receiving or in possession of information which he knows or believes to be of material assistance-
(i) in preventing the commission by any other person of a terrorist act; or
ii) in securing the apprehension, prosecution or conviction of any other person for an offence involving the commission, preparation or instigation 
of such an act,and fails, without reasonable cause, to disclose that information as soon as reasonably practicable to the police, shall be punishable with imprisonment for a term which may extend to one year or with fine or with both:
Provided that a legal practitioner of the accused shall not be bound to disclose such information which he might have received while defending the 
accused.
4. Where any person is in unauthorized possession of any,-
(a) arms or ammunition specified in columns (2) and (3) of Category I or Category III (a) of Schedule I to the Arms Rules, 1962, in a notified area,
(b) bombs, dynamite or hazardous explosive substances or other lethal weapons capable of mass destruction or biological or chemical substances of warfare in any area, whether notified or not,he shall be guilty of terrorist act notwithstanding anything contained in 
any other law for the time being in force, and be punishable with imprisonment for a term which may extend to imprisonment for life or with fine which may extend to rupees ten lakh or with both.
Explanation :- In this section notified area means such area as the State Government may, by notification in the Official Gazette, specify.
5. (1) If any person with intent to aid any terrorist contravenes any provision of, or any rule made under, the Arms Act, 1959,
he Inflammable Substances Act, 1952, he shall, notwithstanding anything contained in any of the aforesaid Acts or the rules made thereunder, be punishable with imprisonment 
for a term which may extend to imprisonment for life and shall also be liable to fine.
(2) For the purposes of this section, any person who attempts to contravene or abets, or does any act preparatory to the contravention of any provision 
of any law, rule or order, shall be deemed to have contravened that provision, and the provisions of sub-section (1) shall, in relation to such person, have effect subject to the modification that the reference to 
imprisonment for life" shall be construed as a reference to imprisonment for ten years".
6. (1) No person shall hold or be in possession of any proceeds of terrorism.
(2) Proceeds of terrorism, whether held by a terrorist or by any other person and whether or not such person is prosecuted or convicted under this Ordinance, shall be liable to be forfeited to the Central Government or the 
State Government, as the case may be, in the manner provided under this Chapter.
7. (1) If an officer (not below the rank of Superintendent of Police) investigating an offence committed under this Ordinance, has reason to 
believe that any property in relation to which an investigation is being conducted, represents proceeds of terrorism, he shall, with the prior approval in writing of the Director General of the Police of the State in 
which such property is situated, make an order seizing such property and where it is not practicable to seize such property, make an order of attachment directing that such property shall not be transferred or 
otherwise dealt with except with the prior permission of the officer making such order, or of the Designated Authority, or the Special Court, as the case may be, before whom the properties seized or attached are produced and a copy of such order shall be served on the person concerned.
(2) The investigating officer shall duly inform the Designated Authority or
izure or attachment of such property.
(3) It shall be open to the Designated Authority or the Special Court before whom the seized or attached properties are produced either to confirm or 
revoke the order of attachment so issued:
Provided that an opportunity of making a representation by the person whose property is being attached shall be given.
(4) In the case of immovable property attached by the investigating officer, it shall be deemed to have been produced before the Designated Authority or 
the Special Court, as the case may be, when the investigating officer notifies his report and places it at the disposal of the Designated Authority or the Special Court, as the case may be.
(5) The investigating officer may seize and detain any cash to which this Chapter applies if he has reasonable grounds for suspecting that-
(a) it is intended to be used for the purposes of terrorism;
(b) it forms the whole or part of the resources of an organisation declared as terrorist organisation under this Ordinance:
Provided that the cash seized under this sub-section by the investigating officer shall be released not later than the period of forty- eight hours beginning with the time when it is seized unless the matter involving the 
cash is before the Designated Authority, or as the case may be, the Special Court and such authority or, as the case may be, the Court passes an order allowing its retention beyond forty-eight hours.
Explanation.- For the purposes of this sub-section cash means-
(a) coins and notes in any currency;
(b) postal orders;
(c) travellers cheques;
(d) bankers drafts; and
(e) such other monetary instruments as the Central Government, or as the case may be, the State Government may specify by an order made in writing.
8. Where any property is seized or attached in the belief that it constitutes proceeds of terrorism and is produced before the Designated Authority, it shall, on being satisfied that the said property consists of 
proceeds of terrorism, order forfeiture of such propert
ssion it is seized or attached, is prosecuted in a 
Special Court for an offence under this Ordinance.
9. (1) No order forfeiting any proceeds of terrorism shall be made under section 8 unless the person holding or in possession of such proceeds is given a notice in writing informing him of the grounds on which it is 
proposed to forfeit the proceeds of terrorism and such person is given an opportunity of making a representation in writing within such reasonable 
time as may be specified in the notice against the grounds of forfeiture and is also given a reasonable opportunity of being heard in the matter.
(2) No order of forfeiture shall be made under sub-section (1), if such person establishes that he is a bona fide transferee of such proceeds for 
value without knowing that they represent proceeds of terrorism.
(3) It shall be competent for the Designated Authority to make an order in respect of property seized or attached,-
(a) directing it to be sold if it is a perishable property and the provisions of section 459 of the Code shall, as nearly as may be practicable, apply to the net proceeds of such sale;
(b) nominating any officer of the Central or State Government, in the case of any other property, to perform the function of the Administrator of such 
property subject to such conditions as may be specified by the Designated Authority.
10. (1) Any person aggrieved by an order of forfeiture under section 8 may, within one month from the date of the receipt of such order, appeal to the High Court within whose jurisdiction, the Designated Authority, who passed the order appealed against, is situated.
(2) Where an order under section 8 is modified or annulled by the High Court or where in a prosecution instituted for the contravention of the provisions 
of this Ordinance, the person against whom an order of forfeiture has been made under section 8 is acquitted, such property shall be returned to him and in either case if it is not possible for any reason to return the 
forfeited property, such per
o the Central Government with reasonable interest calculated from the day of seizure of the property and such price shall be 
determined in the manner prescribed.
11. The order of forfeiture made under this Ordinance by the Designated Authority, shall not prevent the infliction of any other punishment to which 
the person affected thereby is liable under this Ordinance.
12. (1) Where any claim is preferred, or any objection is made to the seizure of any property under section 7 on the ground that such property is not liable to seizure, the Designated Authority, or as the case may be, the Special Court, before whom such property is produced, shall proceed to investigate the claim or objection:
Provided that no such investigation shall be made where the Designated Authority or the Special Court considers that the claim or objection was designed to cause unnecessary delay.
(2) In case claimant or objector establishes that the property specified in the notice issued under section 9 is not liable to be attached or forfeited under the Ordinance, the said notice shall be withdrawn or modified accordingly.
13. The Designated Authority, acting under the provisions of this Ordinance, shall have all the powers of a Civil Court required for making a full and fair enquiry into the matter before it.
14. (1) Notwithstanding anything contained in any other law, the officer investigating any offence under this Ordinance, with prior approval in writing of an officer not below the rank of a Superintendent of Police, may 
require any officer or authority of the Central Government or a State Government or a local authority or a Bank, company, or a firm or any other institution, establishment, organisation or any individual to furnish 
information in their possession in relation to such offence, on points or matters, where the investigating officer has reason to believe that such information will be useful for, or relevant to, the purposes of this 
Ordinance.
(2) Failure to furnish the information called for under sub-sect
(1), or deliberately furnishing false information shall be punishable with imprisonment for a term which may extend to three years or with fine or with both.
(3) Notwithstanding anything contained in the Code, the offence under sub-section (1) shall be tried as a summary case and the procedure prescribed in Chapter XXI of the said Code [except sub-section (2) of section 262] shall be applicable thereto.
15. Where, after the issue of an order under section 7 or issue of a notice under section 9, any property referred to in the said order or notice is transferred by any mode whatsoever, such transfer shall, for the purpose of the proceedings under this Ordinance, be ignored and if such property is subsequently forfeited, the transfer of such property shall be deemed to be 
null and void.
16. (1) Where any person is accused of any offence under this Ordinance, it shall be open to the Special Court trying him to pass an order that all or any of the properties, movable or immovable or both belonging to him, shall, during the period of such trial, be attached, if not already attached under this Ordinance.
(2) Where a person has been convicted of any offence punishable under this Ordinance, the Special Court may, in addition to awarding any punishment, by order in writing, declare that any property, movable or immovable or both, belonging to the accused and specified in the order, shall stand forfeited to the Central Government or the State Government, as the case may be, free 
from all encumbrances.
17. Where any shares in a company stand forfeited to the Central Government or the State Government, as the case may be, under this Ordinance, then, the company shall on receipt of the order of the SpecialCourt,notwithstanding 
anything contained in the Companies Act, 1956, or the articles of association of the company, forthwith register the Central Government or the State Government, as the case may be, as the transferee of such shares.
CHAPTER III
TERRORIST ORGANISATIONS
18. (1) For the purposes of this Ordina
rganisation is a terrorist organisation if,-
(a) it is listed in the Schedule, or
(b) it operates under the same name as an organisation listed in that Schedule.
(2) The Central Government may by order, in the Official Gazette,-
(a) add an organisation to the Schedule;
(b) remove an organisation from that Schedule;
(c) amend that Schedule in some other way.
(3) The Central Government may exercise its power under clause (a) of sub-section (2) in respect of an organisation only if it believes that it is 
involved in terrorism.
(4)For the purposes of sub-section (3) an organisation shall be deemed tobe involved in terrorism if it
(a) commits or participates in acts of terrorism,
(b) prepares for terrorism,
(c) promotes or encourages terrorism, or
(d) is otherwise involved in terrorism.
19. (1) An application may be made to the Central Government for the exercise of its power under clause (b) of sub-section (2) of section 18 to remove an organisation from the Schedule.
(2) An application may be made by
(a) the organisation, or
(b) any person affected by inclusion of the organisation in the Schedule as a terrorist organisation.
(3) The Central Government may make rules to prescribe the procedure for admission and disposal of an application made under this section.
(4) Where an application under sub-section (1) has been refused, the applicant may apply for a review to the Review Committee constituted by the Central Government under sub-section (1) of section 59 within one month from the date of receipt of the order by the applicant.
(5) The Review Committee may allow an application for review against refusal toremove an organisation from the Schedule, if it considers that the decision torefuse was flawed when considered in the light of the principles 
applicable onan application for judicial review.
(6) Where the Review Committee allows review under sub-section (5) by or inrespect of an organisation, it may make an order under this sub-section.
(7) Where an order is made under sub-section (6), 
 soon as the certified copy of the order is received by it, make an orderremoving the organisation from the list in the Schedule.
20. (1) A person commits an offence if he belongs or professes to belong to 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 Schedule as a terrorist organisation.
(2) A person guilty of an offence under this section shall be liable, on conviction, to imprisonment for a term not exceeding ten years or with fine or with both.
21. (1) A person commits an offence if-
(a) he invites support for a terrorist organisation, and
(b) the support is not, or is not restricted to, the provision of money or other property within the meaning of section 22.
(2) A person commits an offence if he arranges, manages or assists in arranging or managing a meeting which he knows is 
(a) to support a terrorist organisation,
(b) to further the activities of a terrorist organisation, or
(c) to be addressed by a person who belongs or professes to belong to a terrorist organisation.
(3) A person commits an offence if he addresses a meeting for the purpose of encouraging support for a terrorist organisation or to further its 
activities .
(4) A person guilty of an offence under this section shall be liable on conviction, to imprisonment for a term not exceeding ten years or with fine 
or with both.
Explanation.- For the purposes for this section, the expression meeting means a meeting of three or more persons whether or not the public are admitted.
22. (1) A person commits an offence if he-
(a) invites another to provide money or other property, and
(b) intends that it should be used, or has reasonable cause to suspect that it may be used, for the purposes of terrorism.
(2) 

(a) receives money or other property, and
(b) intends that it should be used , or has reasonable cause to suspect that it may be used, for the purposes of terrorism.
(3) A person commits an offence if he-
(a) provides money or other property, and
(b) knows or has reasonable cause to suspect that it will or may be used for the purposes of terrorism.
(4) In this section, a reference to the provision of money or other property is a reference to its being given, lent or otherwise made available, whether 
or not for consideration.
(5) A person guilty of an offence under this section shall be liable on conviction, to imprisonment for a term not exceeding fourteen years, or with fine or with both.
CHAPTER IV
SPECIAL COURTS
23. (1) The Central Government or a State Government may, by notification in the Official Gazette, constitute one or more Special Courts for such area or areas, or for such case or class or group of cases, as may be specified in the notification.
(2) Where a notification constituting a Special Court for any area or areas or for any case or class or group of cases is issued by the Central Government under sub-section (1), and a notification constituting a Special 
Court for the same area or areas or for the same case or class or group of cases has also been issued by the State Government under that sub-section, the Special Court constituted by the Central Government, whether the 
notification constituting such Court is issued before or after the issue of the notification constituting the Special Court by the State Government, 
shall have, and the Special Court constituted by the State Government shall not have, jurisdiction to try any offence committed in that area or areas or, as the case may be, the case or class or group of cases and all cases pending before any Special Court constituted by the State Government shall stand transferred to the Special Court constituted by the Central Government.
(3) Where any question arises as to the jurisdiction of any Special Court, it shall be ref
shall be final.
(4) A Special Court shall be presided over by a judge to be appointed by the Central Government or, as the case may be, the State Government, with the concurrence of the Chief Justice of the High Court.
(5) The Central Government or, as the case may be, the State Government may also appoint, with the concurrence of the Chief Justice of the High Court, additional judges to exercise jurisdiction of a Special Court.
(6) A person shall not be qualified for appointment as a judge or an additional judge of a Special Court unless he is, immediately before such appointment, a sessions judge or an additional sessions judge in any State.
(7) For the removal of doubts, it is hereby provided that the attainment, by a person appointed as a judge or an additional judge of a Special Court, of the age of superannuation under the rules applicable to him in the service to which he belongs, shall not affect his continuance as such judge or additional judge.
(8) Where any additional judge or additional judges is or are appointed in a Special Court, the judge of the Special Court may, from time to time, by general or special order, in writing, provide for the distribution of business of the Special Court among all judges including himself and the additional judge or additional judges and also for the disposal of urgent business in the event of his absence or the absence of any additional judge.
24. A Special Court may, on its own motion, or on an application made by the Public Prosecutor and if it considers it expedient or desirable so to do, sit for any of its proceedings at any place, other than its ordinary place of sitting:
Provided that nothing in this section shall be construed to change the place of sitting of a Special Court constituted by a State Government to any place 
outside that State.
25. (1) Notwithstanding anything contained in the Code, every offence punishable under any provision of this Ordinance shall be triable only by the Special Court within whose local jurisdiction it was committed or
 case may be, by the Special Court constituted for trying such offence under section 23.
(2) If, having regard to the exigencies of the situation prevailing in a State,--
(i) it is not possible to have a fair, impartial or speedy trial; or
(ii) it is not feasible to have the trial without occasioning the breach of peace or grave risk to the safety of the accused, the witnesses, the Public 
Prosecutor and a judge of the Special Court or any of them; or
(iii) it is not otherwise in the interests of justice,
the Supreme Court may transfer any case pending before a Special Court to any other Special Court within that State or in any other State and the High 
Court may transfer any case pending before a Special Court situated in that State to any other Special Court within the State.
(3) The Supreme Court or the High Court, as the case may be, may act under this section either on the application of the Central Government or a party interested and any such application shall be made by motion, which shall, 
except when the applicant is the Attorney-General of India, be supported by an affidavit or affirmation.
26. (1) When trying any offence, a Special Court may also try any other offence with which the accused may, under the Code, be charged at the same trial if the offence is connected with such other offence.
(2) If, in the course of any trial under this Ordinance of any offence, it is found that the accused person has committed any other offence under this Ordinance or under any other law, the Special Court may convict such person of such other offence and pass any sentence or award punishment authorized by this Ordinance or such rule or, as the case may be, under such other law.
27. (1) When a police officer investigating a case requests the Court of a Chief Judicial Magistrate or the Court of a Chief Metropolitan Magistrate in writing for obtaining samples of hand writing, finger prints, foot prints, photographs, blood, saliva, semen, hair, voice of any accused person, reasonably suspected to be involv
in the commission of an offence under 
this Ordinance, it shall be lawful for the Court of a Chief Judicial Magistrate or the Court of a Chief Metropolitan Magistrate to direct that such samples be given by the accused person to the police officer either 
through a medical practitioner or otherwise, as the case may be.
(2) If any accused person refuses to give samples as provided in sub-section 
(1), the court shall draw adverse inference against the accused.
28. (1) For every Special Court, the Central Government or, as the case may be, the State Government, shall appoint a person to be the Public Prosecutor and may appoint one or more persons to be the Additional Public Prosecutor or Additional Public Prosecutors:
Provided that the Central Government or, as the case may be, the State Government, may also appoint for any case or class or group of cases, a Special Public Prosecutor.
(2) A person shall not be qualified to be appointed as a Public Prosecutor or an Additional Public Prosecutor or a Special Public Prosecutor under this section unless he has been in practice as an Advocate for not less than 
seven years or has held any post, for a period of not less than seven years, under the Union or a State, requiring special knowledge of law.
(3) Every person appointed as a Public Prosecutor or an Additional Public Prosecutor or a Special Public Prosecutor under this section shall be deemed 
to be a Public Prosecutor within the meaning of clause (u) of section 2 of the Code, and the provisions of the Code shall have effect accordingly.
29. (1) Subject to the provisions of section 49, a Special Court may take cognizance of any offence, without the accused being committed to it for 
trial, upon receiving a complaint of facts that constitute such offence or upon a police report of such facts.
(2) Where an offence triable by a Special Court is punishable with imprisonment for a term not exceeding three years or with fine or with both, the Special Court may, notwithstanding anything contained in sub-sectio
ry way in accordance with the procedure prescribed in the Code and the provisions 
of sections 263 to 265 of the Code, shall so far as may be, apply to such trial:
Provided that when, in the course of a summary trial under this sub-section, it appears to the Special Court that the nature of the case is such that it is undesirable to try it in a summary way, the Special Court shall recall any witnesses who may have been examined and proceed to re-hear the case in 
the manner provided by the provisions of the Code for the trial of such offence and the said provisions shall apply to and in relation to a Special Court as they apply to and in relation to a Magistrate:
Provided further that in the case of any conviction in a summary trial under this section, it shall be lawful for a Special Court to pass a sentence of imprisonment for a term not exceeding one year and with fine which may 
extend to rupees five lakh.
(3) Subject to the other provisions of this Ordinance, a Special Court shall, for the purpose of trial of any offence, have all the powers of a Court of Session and shall try such offence as if it were a Court of Session 
so far as may be in accordance with the procedure prescribed in the Code for the trial before a Court of Session.
(4) Subject to the other provisions of this Ordinance, every case transferred to a Special Court under section 25 shall be dealt with as if such case had been transferred under section 406 of the Code to such Special Court.
(5) Notwithstanding anything contained in the Code, but subject to the provisions of section 299 of the Code, a Special Court may, if it thinks fit and for reasons to be recorded by it, proceed with the trial in the absence 
of the accused or his pleader and record the evidence of any witness, subject to the right of the accused to recall the witness for cross-examination.
30. (1) Notwithstanding anything contained in the Code, the proceedings under this Ordinance may, for reasons to be recorded in writing, be held in camera if the Special Court s
s.
(2) A Special Court, if on an application made by a witness in any proceeding before it or by the Public Prosecutor in relation to such witness or on its own motion, is satisfied that the life of such witness is in 
danger, it may, for reasons to be recorded in writing, take such measures as it deems fit for keeping the identity and address of such witness secret.
(3) In particular, and without prejudice to the generality of the provisions of sub-section (2), the measures which a Special Court may take under that 
sub-section may include -
(a) the holding of the proceedings at a place to be decided by the Special Court;
(b) the avoiding of the mention of the names and addresses of the witnesses in its orders or judgments or in any records of the case accessible to public;
(c) the issuing of any directions for securing that the identity and address of the witnesses are not disclosed;
(d) a decision that it is in the public interest to order that all or any of the proceedings pending before such a court shall not be published in any manner.
(4) Any person who contravenes any decision or direction issued under sub-section (3) shall be punishable with imprisonment for a term which may extend to one year and with fine which may extend to one thousand rupees.
31. The trial under this Ordinance of any offence by a Special Court shall have precedence over the trial of any other case against the accused in any other court (not being a Special Court) and shall be concluded in preference to the trial of such other case and accordingly the trial of such other case shall remain in abeyance.
32. (1) Notwithstanding anything in the Code or in the Indian Evidence Act, 1872, but subject to the provisions of this section, a confession made by a person before a police officer not lower in rank than a Superintendent of Police and recorded by such police officer either in writing or on any mechanical or electronic device like cassettes, tapes or sound tracks from out of which sound or images can be reproduced, shall be 
ible in the 
trial of such person for an offence under this Ordinance or rules made thereunder.
(2) A police officer shall, before recording any confession made by a person under sub-section (1) explain to such person in writing that he is not bound 
to make a confession and that if he does so, it may be used against him:
Provided that where such person prefers to remain silent, the police officer shall not compel or induce him to make any confession.
(3) The confession shall be recorded in an atmosphere free from threat or inducement and shall be in the same language in which the person makes it.
(4) The person from whom a confession has been recorded under sub-section 
(1), shall be produced before the Court of a Chief Metropolitan Magistrate or the Court of a Chief Judicial Magistrate along with the original statement of confession, written or recorded on mechanical or electronic device within forty-eight hours.
(5) The Chief Metropolitan Magistrate or the Chief Judicial Magistrate, shall, record the statement, if any, made by the person so produced and get his signature or thumb impression and if there is any complaint of torture, such person shall be directed to be produced for medical examination before a Medical Officer not lower in rank than an Assistant Civil Surgeon and thereafter, he shall be sent to judicial custody.
33. Where, after taking cognizance of any offence, a Special Court is of the opinion that the offence is not triable by it, it shall, notwithstanding that it has no jurisdiction to try such offence, transfer the case for the trial of such offence to any court having
jurisdiction under the Code and the court to which the case is transferred may proceed with the trial of the 
offence as if it had taken cognizance of the offence.
34. (1) Notwithstanding anything contained in the Code, an appeal shall lie from any judgment, sentence or order, not being an interlocutory order, of a Special Court to the High Court both on facts and on law.
Explanation :- For the purposes of this se
cial Court which passed the judgment, sentence or order, is situated.
(2) Every appeal under sub-section (1) shall be heard by a bench of two Judges of the High Court.
(3) Except as aforesaid, no appeal or revision shall lie to any court from any judgment, sentence or order including an interlocutory order of a Special Court.
(4) Notwithstanding anything contained in sub-section (3) of section 378 of the Code, an appeal shall lie to the High Court against an order of the Special Court granting or refusing bail.
(5) Every appeal under this section shall be preferred within a period of thirty days from the date of the judgment, sentence or order appealed from:
Provided that the High Court may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the period of thirty 
days.
CHAPTER V
INTERCEPTION OF COMMUNICATION IN CERTAIN CASES
35. In this Chapter, unless the context otherwise requires,-
(a) "electronic communication" means any transmission of signs, signals, writings, images, sounds, data or intelligence of any nature transmitted in 
whole or in part by a wire, radio, electromagnetic, photo electronic or photo optical system that affects inland or foreign commerce but does not include,-
(i) the radio portion of a cordless telephone communication that is transmitted between the wireless telephone hand-set and the base unit;
(ii) any wire or oral communication;
(iii) any communication made through a tone only paging device; or
(iv) any communication from a tracking device;
(b) "intercept" means the aural or other acquisition of the contents by wire, electronic or oral communication through the use of any electronic, mechanical or other device;
(c) "oral communication" means any oral communication uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation but such term 
does not include any electron
ny aural transmission made in whole or part through the use of facilities for the transmission of communications by the aid of wire, cable or other like connection between the point of origin and the point of connection, between the point of origin and the point of reception (including the use of such connection in switching station) and such term includes any electronic storage of such communication.
36. The Central Government or the State Government, as the case may be, may appoint an officer not below the rank of Secretary to the Government in case 
of State Government and not below the rank of Joint Secretary to the Government in the case of Central Government, to be the Competent Authority for the purposes of this Chapter.
37. (1). A police officer not below the rank of Superintendent of Police supervising the investigation of any terrorist act under this Ordinance may 
submit an application in writing to the Competent Authority for an order authorizing or approving the interception of wire, electronic or oral 
communication by the investigating officer when he believes that such interception may provide, or has provided evidence of any offence involving 
a terrorist act.
(2) Each application shall include the following information:-
(a) the identity of the investigating officer making the application, and the head of the department authorizing the application;
(b) a statement of the facts and circumstances relied upon by the applicant to justify his belief that an order should be issued, including-
(i) details as to the offence of terrorist act that has been, is being, or is about to be committed;
(ii) a particular description of the nature and location of the facilities from which or the place where the communication is to be intercepted;
(iii) a particular description of the type of communications sought to be intercepted; and
(iv) the identity of the person, if known, committing the terrorist act whose communications are to be intercepted;
(c) a statement of the period of time for which the
ry is such that the authorization of interception should not automatically terminate after the described type of communication has been first obtained;
(d) a particular description of facts establishing probable cause to believe that additional communications of the same type will occur thereafter; and
(e) where the application is for the extension of an order, a statement setting forth the results thus far obtained from the interception, or a reasonable explanation of the failure to obtain such results.
(3) The Competent Authority may require the applicant to furnish additional oral or documentary evidence in support of the application.
38. (1) Upon such application, the Competent Authority may reject the application, or issue an order, as requested or as modified, authorizing or 
approving interception of wire, electronic or oral communications, if the Competent Authority determines on the basis of the facts submitted by the applicant that-
(a) there is a probable cause for belief that an individual is committing, has committed, or is about to commit a particular offence described and made 
punishable under sections 3 and 6 of this Ordinance;
(b) there is a probable cause of belief that particular communications concerning that offence may be obtained through such interception;
(c) there is probable cause of belief that the facilities from which, or the place where, the wire, electronic or oral communications are to be intercepted are being used or are about to be used, in connection with the commission of such offence, leased to, or are listed in the name of or commonly used by such person.
(2) Each order by the Competent Authority authorizing or approving the interception of any wire, electronic or oral communication under this section shall specify-
(a) the identity of the person, if known, whose communications are to be intercepted;
(b) the nature and location of the communication facilities as to which, or the place where, authority to intercept is granted;
(c) a particular description of the 
icular offence to which it relates;
(d) the identity of the agency authorized to intercept the communications, and the person authorizing the application; and
(e) the period of time during which such interception is authorized , including a statement as to whether or not the interception shall automatically terminate after the described communication has been first obtained.
39. (1) The Competent Authority shall immediately after passing the order under sub-section (1) of section 38, but in any case not later than seven days from the passing of the order, submit a copy of the same to the Review Committee constituted under section 59 along with all the relevant underlying papers, record and his own findings, in respect of the said order, for consideration and approval of the order by the Review Committee.
(2) An order authorizing the interception of a wire, electronic or oral communication under this section shall, upon request of the applicant, direct that a provider of wire or electronic communication service, 
landlord, custodian or other person shall furnish to the applicant forthwith all information, facilities, and technical assistance necessary to accomplish the interception unobtrusively and with a minimum of interference with the services that such service provider, landlord, custodian, or person is providing to the person whose communications are to be intercepted.
40. (1) No order issued under this section may authorize or approve the interception of any wire, electronic or oral communication for any period longer than is necessary to achieve the objective of the authorization, nor in any event longer than sixty days and such sixty days period shall begin on the day immediately preceding the day on which the investigation officer 
first begins to conduct an interception under the order or ten days after order is issued whichever is earlier.
(2) The extension of an order may be granted, but only upon an application for an extension made in accordance with sub-section (1) of section 37 and the Com
king the findings required by sub-section (1) of section 38, and the period of such extension shall be no longer than the Competent Authority deems necessary to achieve the purposes for which it was 
granted and in no event for longer than sixty days at a time.
(3) Every order and extension thereof shall contain a provision that the authorization to intercept shall be executed as soon as practicable and 
shall be conducted in such manner as to minimize the interception of communications not otherwise subject to interception under this section and 
shall terminate upon attainment of the authorized objective, or in any event on the expiry of the period of said order or extension thereof.
41. (1) An interception under this Chapter may be conducted in whole or in part by a public servant, acting under the supervision of the investigating 
officer authorized to conduct the interception.
(2) Whenever an order authorizing an interception is issued pursuant to this section, the order may require reports to be made to the Competent Authority who issued the order showing that progress has been made towards achievement of the authorized objective and the need for continued interception and such report shall be made at such intervals as the Competent Authority may require.
42. (1) Notwithstanding anything contained in any other provision of this section, an officer not below the rank of Additional Director General of Police or a police officer of equivalent rank who reasonably determines 
that-
(a) an emergency situation exists that involves-
(i) immediate danger of death or serious physical injury to any person;
(ii) conspiratorial activities threatening the security or interest of the State; or
(iii) conspiratorial activities, characteristic of a terrorist act, that requires a wire, electronic or oral communication to be intercepted before an order from the Competent Authority authorizing such interception can, 
with due diligence, be obtained, and
(b) there are grounds on which an order should be issued und
 in writing, the investigating officer to intercept such wire, electronic or oral communication, if an application for an order approving the interception is made in accordance with the provisions of sub-sections (1) and (2) of section 37 within forty-eight hours after the interception has occurred, or begins to occur.
(2) In the absence of an order approving the interception made under sub-section (1), such interception shall immediately terminate when the 
communication sought is obtained or when the application for the order is rejected, whichever is earlier; and in the event of an application for permitting interception being rejected under sub-section (1) of section 38 
or an application under sub-section (1) of section 42 for approval being rejected, or in any other case where the interception is terminated without 
an order having been issued, the contents of any wire, electronic or oral communication intercepted shall be treated as having been obtained in violation of this section.
43. (a) The contents of any wire, electronic or oral communication intercepted by any means authorized by this section shall as far as possible, be recorded on tape or wire or other comparable device and shall 
be done in such manner as to protect the recording from editing or other alterations.
(b) Immediately upon the expiration of the period of order, or extension thereof, such recording shall be made available to the Competent Authority issuing such order and shall be sealed under his directions and kept in the custody of such person or authority as the Competent Authority orders, and such recordings shall not be destroyed except upon an order of the Competent 
Authority and in any event shall be kept for ten years.
(c) Applications made and orders issued under this section shall be sealed by the Competent Authority and custody of the applications and orders shall 
be kept in such manner as the Competent Authority directs, and shall not be destroyed except on an order of the Competent Authority, and in any event 
e kept for ten years.
44. Notwithstanding anything in the Code or in any other law for the time being in force, the evidence collected through the interception of wire, electronic or oral communication under this Chapter shall be admissible as 
evidence against the accused in the Court during the trial of a case:
Provided that, the contents of any wire, electronic or oral communication intercepted pursuant to this Chapter or evidence derived therefrom shall not be received in evidence or otherwise disclosed in any trial, hearing or 
other proceeding in any court unless each accused has been furnished with a copy of the order of the Competent Authority, and accompanying application, under which the interception was authorized or approved not less than ten days before trial, hearing or proceeding:
Provided further that, the period of ten days may be waived by the judge trying the matter, if he comes to the conclusion that it was not possible to furnish the accused with the above information ten days before the trial, hearing or proceeding and that the accused will not be prejudiced by the delay in receiving such information.
45. (1) The Review Committee constituted by the Central Government or the 
State Government, as the case may be, shall review every order passed by the 
Competent Authority under section 38.
(2) Every order passed by the Competent Authority under section 38, or 
disapproved by the officer under section 42, shall be placed before the 
Review Committee, which shall be considered by the Review Committee within 
ten days after its receipt, to decide whether the order, was necessary, 
reasonable and justified.
(3) The Review Committee, after examining the entire record and holding such 
enquiry, if any, deemed necessary may, by order in writing, either approve 
the order passed by the Competent Authority or may issue order disapproving 
the same.
(4) On issue of an order of disapproval by the Review Committee, the 
interception, if any, already commenced shall be forthwith discont
any, in the form of tape, wire or other 
device shall, thereupon, not be admissible as evidence in any case and shall 
be directed to be destroyed.
46. Except as otherwise specifically provided in section 38, any police 
officer who-
(a) intentionally intercepts, endeavours to intercept, or procures any other 
person to intercept or endeavour to intercept any wire, electronic or oral 
communication;
(b) intentionally uses, endeavours to use, or procures any other person to 
use or endeavours to use any electronic, mechanical or other device to 
intercept any oral communication when-
(i) such device is affixed to, or otherwise transmits a signal through a 
wire, cable, or other like connection used in wire communication; or
(ii) such device transmits communications by radio, or interferes with the 
transmission of such communication;
(c) intentionally discloses, or endeavours to disclose, to any other person 
the contents of any wire, electronic or oral communication, knowing or 
having reason to know that the information was obtained through the 
interception of a wire, electronic or oral communication in violation of 
this Chapter;
(d) intentionally uses, or endeavours to use, the contents of any wire, 
electronic or oral communication, knowing or having reason to know that the 
information was obtained through the interception of a wire, electronic or 
oral communication in violation of this Chapter; or
(e) intentionally discloses, or endeavours to disclose, to any other 
unauthorized person the contents of any wire, electronic or oral 
communication, intercepted by means authorized by section 38;
(f) intentionally continues the interception of wire, electronic or oral 
communication after the issue of an order of rejection by the Competent 
Authority under this Chapter.
(g) intentionally continues the interception of wire, electronic or oral 
communication after the issue of an order of disapproval by the Review 
Committee under sub-section (3) of section 45,
shall for such vio
tend to one year and with fine upto rupees fifty thousand.
47. (1) The Central Government and the State Government, as the case may be, 
shall cause an annual report to be prepared giving a full account of,-
(i) the number of applications for authorization of interceptions received 
by the Competent Authority from the Police Department in which prosecutions 
have been launched;
(ii) the number of such applications permitted or rejected;
(iii) the number of interceptions carried out in emergency situations and 
the number of approvals granted or rejected in such matters;
(iv) the number of prosecutions launched based on such interceptions and 
convictions resulting from such interceptions, along with an explanatory 
memorandum giving general assessment of the utility and importance of the 
interceptions authorized.
(2) An annual report shall be laid by the State Government before the State 
Legislature within three months of the completion of every calendar year:
Provided that, if the State Government is of the opinion that the inclusion 
of any matter in the annual report would be prejudicial to the security of 
the State or to the prevention or detection of any terrorist act, the State 
Government may exclude such matter from being included in such annual 
report.
(3) An annual report shall be laid by the Central Government before each 
House of Parliament within three months of the completion of every calendar 
year :
Provided that, if the Central Government is of the opinion that the 
inclusion of any matter in the annual report would be prejudicial to the 
security of the country or to the prevention or detection of any terrorist 
act, the Central Government may exclude such matter from being included in 
such annual report.
CHAPTER VI
MISCELLANEOUS
48. (1) Notwithstanding anything contained in the Code or any other law, 
every offence punishable under this Ordinance shall be deemed to be a 
cognizable offence within the meaning of clause (c) of section 2 of the 
Code, and "co
accordingly.
(2) Section 167 of the Code shall apply in relation to a case involving an 
offence punishable under this Ordinance subject to the modification that in 
sub-section (2),-
(a) the references to "fifteen days", "ninety days" and "sixty days", 
wherever they occur, shall be construed as references to "thirty days", 
"ninety days" and "ninety days", respectively; and
(b) after the proviso, the following provisos shall be inserted, namely :--
"Provided further that if it is not possible to complete the investigation 
within the said period of ninety days, the Special Court shall extend the 
said period up to one hundred and eighty days, on the report of the Public 
Prosecutor indicating the progress of the investigation and the specific 
reasons for the detention of the accused beyond the said period of ninety 
days:
Provided also that if the police officer making the investigation under this 
Ordinance, requests, for the purposes of investigation, for police custody 
from judicial custody of any person from judicial custody, he shall file an 
affidavit stating the reasons for doing so and shall also explain the delay, 
if any, for requesting such police custody.".
(3) Section 268 of the Code shall apply in relation to a case involving an 
offence punishable under this Ordinance subject to the modification that-
(a) the reference in sub-section (1) thereof-
(i) to "the State Government" shall be construed as a reference to "the 
Central Government or the State Government",
(ii) to "order of the State Government" shall be construed as a reference to 
"order of the Central Government or the State Government, as the case may 
be"; and
(b) the reference in sub-section (2) thereof, to "State Government" shall be 
construed as a reference to "Central Government or the State Government, as 
the case may be".
(4) Sections 366, 367 and 371 of the Code shall apply in relation to a case 
involving an offence triable by a Special Court subject to the modification 
that the reference to
ed as the reference to "Special Court".
(5) Nothing in section 438 of the Code shall apply in relation to any case 
involving the arrest of any person accused of having committed an offence 
punishable under this Ordinance.
(6) Notwithstanding anything contained in the Code, no person accused of an 
offence punishable under this Ordinance shall, if in custody, be released on 
bail or on his own bond unless the Court gives the Public Prosecutor an 
opportunity of being heard.
(7) Where the Public Prosecutor opposes the application of the accused to 
release on bail, no person accused of an offence punishable under this 
Ordinance or any rule made thereunder shall be released on bail until the 
court is satisfied that there are grounds for believing that he is not 
guilty of committing such offence:
Provided that after the expiry of a period of one year from the date of 
detention of the accused for an offence under this Ordinance, the provisions 
of sub-section (6) of this section shall apply.
(8) The restrictions on granting of bail specified in sub-sections (6) and 
(7) are in addition to the restrictions under the Code or any other law for 
the time being in force on granting of bail.
(9) Notwithstanding anything contained in sub-sections (6), (7) and (8), no 
bail shall be granted to a person accused of an offence punishable under 
this Ordinance, if he is not an Indian citizen and has entered the country 
unauthorisedly or illegally except in very exceptional circumstances and for 
reasons to be recorded in writing.
49. No Court shall take cognizance of any offence under this Ordinance 
without the previous sanction of the Central Government or as the case may 
be, the State Government.
50. Notwithstanding anything contained in the Code, no police officer, -
(a) in the case of the Delhi Special Police Establishment, not below the 
rank of a Deputy Superintendent of Police or a police officer of equivalent 
rank;
(b) in the metropolitan areas of Mumbai, Kolkata, Chennai and Ahmed
ad and 
any other metropolitan area notified as such under sub-section (1) of 
section 8 of the Code, not below the rank of an Assistant Commissioner of 
Police;
(c) in any other case not relatable to clause (a) or clause (b), not below 
the rank of a Deputy Superintendent of Police or a police officer of an 
equivalent rank,
shall investigate any offence punishable under this Ordinance.
51. (1) Where a police officer arrests a person, he shall prepare a custody 
memo of the person arrested.
(2) The person arrested shall be informed of his right to consult a legal 
practitioner as soon as he is brought to the police station.
(3) Whenever any person is arrested, information of his arrest shall be 
immediately communicated by the police officer to a family member or in his 
absence to a relative of such person by telegram, telephone or by any other 
means and this fact shall be recorded by the police officer under the 
signature of the person arrested.
(4) The person arrested shall be permitted to meet the legal practitioner 
representing him during the course of interrogation of the accused person:
Provided that nothing in this sub-section shall entitle the legal 
practitioner to remain present throughout the period of interrogation.
52. (1) In a prosecution for an offence under sub-section (1) of section 3, 
if it is proved 
(a) that the arms or explosives or any other substances specified in section 
4 were recovered from the possession of the accused and there is reason to 
believe that such arms or explosives or other substances of a similar 
nature, were used in the commission of such offence; or
(b) that the finger-prints of the accused were found at the site of the 
offence or on anything including arms and vehicles used in connection with 
the commission of such offence,
the Special Court shall draw adverse inference against the accused.
(2) In a prosecution for an offence under sub-section (3) of section 3, if 
it is proved that the accused rendered any financial assistanc
r reasonably suspected of, 
an offence under that section, the Special Court shall draw adverse 
inference against the accused.
53. No civil court or other authority shall have or, be entitled to, 
exercise any jurisdiction, powers or authority in relation to the matters 
referred to in section 19 and section 39 of the Ordinance.
54. (1) Nothing in this Ordinance shall affect the jurisdiction exercisable 
by, or the procedure applicable to, any court or other authority under any 
law relating to the naval, military or air forces or other armed forces of 
the Union.
(2) For the removal of doubts, it is hereby declared that for the purposes 
of any such law as is referred to in sub-section (1), a Special Court shall 
be deemed to be a court of ordinary criminal justice.
55. The provisions of this Ordinance shall have effect notwithstanding 
anything inconsistent therewith contained in any enactment other than this 
Ordinance or in any instrument having effect by virtue of any enactment 
other than this Ordinance.
56. No suit, prosecution or other legal proceeding shall lie against the 
Central Government or a State Government or any officer or authority of the 
Central Government or State Government or any other authority on whom powers 
have been conferred under this Ordinance, for anything which is in good 
faith done or purported to be done in pursuance of this Ordinance:
Provided further that no suit, prosecution or other legal proceedings shall 
lie against any serving member or retired member of the armed forces or 
other para-military forces in respect of any action taken or purported to be 
taken by him in good faith, in the course of any operation directed towards 
combating terrorism.
57. (1) Any police officer who exercises powers corruptly or maliciously, 
knowing that there are no reasonable grounds for proceeding under this 
Ordinance, shall be punishable with imprisonment which may extend to two 
years, or with fine, or with both.
(2) If the Special Court is of opinion 
t any person has been corruptly or 
maliciously proceeded against under this Ordinance, the court may award such 
compensation as it deems fit to the person, so proceeded against and it 
shall be paid by the officer, person, authority or Government, as may be 
specified in the order.
58. Notwithstanding anything contained in any other law for the time being 
in force, the passport and the arms licence of a person, who is charge 
sheeted for having committed any offence under this Ordinance, shall be 
deemed to have been impounded for such period as the Special Court may deem 
fit.
59. (1) The Central Government and each State Government shall, whenever 
necessary, constitute one or more Review Committees for the purposes of this 
Ordinance.
(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 who has 
been, a Judge of a High Court, who shall be appointed by the Central 
Government, or as the case may be, the State Government, so however, that 
the concurrence of the Chief Justice of the High Court shall be obtained in 
the case of a sitting Judge:
Provided that in the case of a Union territory, the appointment of a person 
who is a Judge of the High Court of a State shall be made as a Chairperson 
with the concurrence of the Chief Justice of the concerned High Court.
60. The High Courts may, by notifications in the Official Gazette, make such 
rules, if any, as they may deem necessary for carrying out the provisions of 
this Ordinance relating to Special Courts within their territories.
61. (1) Without prejudice to the powers of the High Courts to make rules 
under section 60, the Central Government may, by notification in the 
Official Gazette, make rules for carrying out the provisions of this 
Ordinance.
(2) In particular, and without prejudice to the generality of the foregoing 
power, such rules may provide for
ing the conduct of persons in respect of areas the control of 
which is considered necessary or expedient and the removal of such persons 
from such areas;
(b) the entry into, and search of,-
(i) any vehicle, vessel or aircraft; or
(ii) any place, whatsoever,
reasonably suspected of being used for committing the offences referred to 
in section 3 or section 4 or for manufacturing or storing anything for the 
commission of any such offence;
(c) conferring powers upon,-
(i) the Central Government;
(ii) a State Government:
(iii) an Administrator of a Union territory under article 239 of the 
Constitution;
(iv) an officer of the Central Government not lower in rank than that of a 
Joint Secretary; or
(v) an officer of a State Government not lower in rank than that of a 
District Magistrate,
to make general or special orders to prevent or deal with terrorist acts;
(d) the arrest and trial of persons contravening any of the rules or any 
order made thereunder;
(e) the punishment of any person who contravenes or attempts to contravene 
or abets or attempts to abet the contravention of any rule or order made 
thereunder with imprisonment for a term which may extend to one year or fine 
or both.
(f) providing for the seizure and detention of any property in respect of 
which such contravention, attempt or abetment as is referred to in clause 
(e) has been committed and for the adjudication of such seizure and 
detention, whether by any court or by any other authority.
(g) determination of the price of the forfeited property under sub-section 
(2) of section 10;
(h) the procedure of making application under sub-section (3) of section 19;
(i) the qualifications of the members of the Review Committee under 
sub-section (2) of section 59.
SCHEDULE
(see section 18)
TERRORIST ORGANISATIONS
1. BABBAR KHALSA INTERNATIONAL.
2. KHALISTAN COMMANDO FORCE.
3. KHALISTAN ZINDABAD FORCE.
4. INTERNATIONAL SIKH YOUTH FEDERATION.
5. LASHKAR-E-TAIBA/PASBAN-E-AHLE HADIS.
6. JAISH-E-MOHAMMED/TAHRIK-E-F
DEEN/HARKAR-UL-ANSAR/KARKAT UL-JEHAD-E-ISLAMI.
8. HIZB-UL-MUJAHIDEEN/HIZB-ULMUJAHIDEEN PIR PANJAL REGIMENT.
9. AL-UMAR-MUJAHIDEEN.
10. JAMMU AND KASHMIR ISLAMIC FRONT.
11. UNITED LEBERATION FRONT OF ASSAM(ULFA).
12. NATIONAL DEMOCRATIC FRONT OF BODOLAND(NDFB).
13. PEOPLES LIBERATION ARMY(PLA).
14. UNITED NATIONAL LIBERATION FRONT(UNLF).
15. PEOPLES REVOLUTIONARY PARTY OF KANGLEIPALK(PREPAK).
16. KANLEIPAK COMMUNIST PARTY(KCP).
17. KANGLEI YAOL KANBA LUP(KYKL)
18. MANIPUR PEOPLES LIBRATION FRONT (MPLF).
19. ALL TRIPURA TIGER FORCE.
20. NATIONAL LIBERATION FRONT OF TRIPURA.
21. LIBERATION TIGERS OF TAMIL EELAM(LTTE).
22. STUDENTS ISLAMIC MOVEMENT OF INDIA.
23. DEENDAR ANJUMAN.