35. Amendment of Schedule, etc.—(1) The Central Government may, by 3
[notification], in the
Official Gazette,—
(a) add an organisation to the 4
[First Schedule] 5
[or the name of an individual in the Fourth
Schedule];
(b) add also an organisation to the 4
[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, 5
[or the name of an individual in the Fourth Schedule], to combat international terrorism;
(c) remove an organisation from the 4
[First Schedule] 5
[or the name of an individual from the
Fourth Schedule];
(d) amend the 4
[First Schedule] 5
[or the Fourth Schedule] in some other way.
1. Ins. by Act 3 of 2013, s. 11 (w.e.f. 1-2-2013).
2. Subs. by 28 of 2019, s. 4 for “TERRORIST ORGANISATIONS” (w.e.f. 14-8-2019).
3. Subs. by Act 3 of 2013 s. 12, for “order” (w.e.f. 1-2-2013).
4. Subs. by s. 12, ibid., for “Schedule” (w.e.f. 1-2-2013).
5. Ins. by Act 28 of 2019 s. 5 (w.e.f. 14-8-2019).
18
(2) The Central Government shall exercise its power under clause (a) of sub-section (1) in respect of
1
[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), 2
[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.
3
[(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 4
[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 5
[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 6
[First Schedule as a terrorist
organisation, or].
7
[(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 8
[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 9
[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 10[First
Schedule or the name of an individual from the Fourth Schedule].
1. Subs. by Act 28 of 2019, s. 5, for “an organisation only if it believes that it is” (w.e.f. 14-8-2019).
2. Subs. by s. 5, ibid., for “an organisation shall be deemed to be involved in terrorism if it” (w.e.f. 14-8-2019).
3. Ins. by Act 3 of 2013, s. 12 (w.e.f. 1-2-2013).
4. Subs. by Act 28 of 2019, s. 6, for “a terrorist organisation” (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. Subs. by s. 6, ibid., for “Schedule as a terrorist organization” (w.e.f. 14-8-2019).
7. Ins. by s. 6, ibid. (w.e.f. 14-8-2019).
8. Subs. by s. 6, ibid., for “an organisation from the Schedule” (w.e.f. 14-8-2019).
9. Ins. by s. 6, ibid., (w.e.f. 14-8-2019).
10. Subs. by s. 6, ibid., for “Schedule” (w.e.f. 14-8-2019).
19
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.—(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 1
[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.—(1) A person commits the
offence relating to support given to a terrorist organisation,—
(a) who, with intention to further the activity of a terrorist organisation,—
(i) invites support for the terrorist organization; 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 organization; or
(ii) to further the activity of the terrorist organization; or
(iii) to bead dressed 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 offen cerelating to support given to a terrorist organisation under subsection (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.—(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
1. Subs. by Act 28 of 2019, s. 7 for “Schedule” (w.e.f. 14-8-2019).
20
(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.
1
[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. CHAPTER VII MISCELLANEOUS