(7) 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 Sue. 1 ] THE GAZETTE OF INDIA EXTRAORDINARY 15 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.
l of 1956.
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 Special Court, 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 Company to transfer shares to Government.
CHAPTER m TERRORIST ORGANISATIONS
18. (/) For the purposes of this Ordinance, an organisation 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.
(5) The Central Government may exercise its power under clause (a) of sub-section (2) in respect of an Declaration of an organisation as a terrorist organisation.
16 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— organisation only if it believes that it is involved in terrorism.
( 0 For the purposes of sub-section (3), an organisation shall be deemed to be involved in terrorism ifit—
(a) commits or participates in acts of terrorism,
(b) prepares for terrorism,
(c) promotes or encourages terrorism, or
(d) is otherwise involved in terrorism.
Denotification of a terrorist organisation.
19. (/) 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 (/) has been refused, the applicant may apply for a review to the Review Committee constituted by the Central Government under sub-section (/) of section 60 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 to remove an organisation from the Schedule, if it considers that the decision to refuse was flawed when considered in the light of the principles SEC. I ] THE GAZETTE OF INDIA EXTRAORDINARY 17 applicable on an application for judicial review.
(tf) Where the Review Committee allows review under sub-section (5) by or in respect of an organisation, it may make an order under this sub-section.
(7) Where an order is made under sub-section (<S), 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 list in the Schedule.