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Section 35, 36 and 37 of Unlawful Activities (Prevention) Act 1967

Section 35 Amendment of Schedule, etc

1[ 35. Amendment of Schedule, etc.- (1) The Central Government may, by 2[notification], in the Official Gazette,-

(a) add an organisation to the 3[First Schedule] 4[or the name of an individual in the Fourth Schedule];

(b) add also an organisation to the 3[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, 4[or the name of an individual in the Fourth Schedule], to combat international terrorism;

(c) remove an organisation from the 3[First Schedule] 4[or the name of an individual from the Fourth Schedule];

(d) amend the 3[First Schedule] 4[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 5[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), 6[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.

7[(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.]

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1. Subs. by 28 of 2019, s. 4 for "TERRORIST ORGANISATIONS: (w.e.f. 14-8-2019).
2. Subs. by Act 3 of 2013 s. 12, for "order" (w.e.f. 1-2-2013).
3. Subs. by s. 12, ibid., for "Schedule" (w.e.f. 1-2-2013).
4. Ins. by Act 28 of 2019 s. 5 (w.e.f. 14-8-2019).
5. Subs. by Act 28 of 2019, s. 5, for "an organisation only if it believes that it is" (w.e.f. 14-8-2019).
6. Subs. by s. 5, ibid., for "an organisation shall be deemed to be involved in terrorism if it" (w.e.f. 14-8-2019).
7. Ins. by Act 3 of 2013, s. 12 (w.e.f. 1-2-2013).
 

Section 36 Denotification of terrorist organisation or individual

36. Denotification of 1[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 2[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 3[First Schedule as a terrorist organisation, or].

4[(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 5[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 6[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 7[First Schedule or the name of an individual from the Fourth Schedule].

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1. Subs. by Act 28 of 2019, s. 6, for "a terrorist organisation" (w.e.f. 14-8-2019).
2. Subs. by s. 6, ibid., for "an organisation from the Schedule" (w.e.f. 14-8-2019).
3. Subs. by s. 6, ibid., for "Schedule as a terrorist organization" (w.e.f. 14-8-2019).
4. Ins. by s. 6, ibid. (w.e.f. 14-8-2019).
5. Subs. by s. 6, ibid., for "an organisation from the Schedule" (w.e.f. 14-8-2019).
6. Ins. by s. 6, ibid., (w.e.f. 14-8-2019).
7. Subs. by s. 6, ibid., for "Schedule" (w.e.f. 14-8-2019).
 

Section 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.

 

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