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Section 60

The Prevention of Terrorism (Second) Ordinance, 2001Ordinance · 2001

(7) The Central Government and each State Government shall, whenever necessary, constitute one or more Review Committees for the purposes of this Ordinance.

Review Committees.

(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, 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:

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 49

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.

Power of High Courts to make rules.

61. The High Court may, by notification 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.

Power to make rules.

62. (/) Without prejudice to the powers of the High Courts to make rules under section 61, 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 powers, such rules may provide for all or any of the following matters, namely. -

(a) regulating 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,- (/) any vehicle, vessel or aircraft; or (//) 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;

50 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(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;

(if) the arrest and trial of persons contravening any of the rules or any order made thereunder;

(t?) 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;

(/) 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 (i) of section 19; and (/) the qualifications of the members of the Review SEC 1 ] THE GAZETTE OF INDIA EXTRAORDINARY 51 Orders and rule:

to be laid before Houses of Parliament.

Committee under sub-section (2) of section 60.

63. Every order and every rule made by the Central Government under this Ordinance shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the order or rule or both Houses agree that the order or rule should not be made, the order or rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that order or rule.

Repeal and saving.

Where this provision sits

ActThe Prevention of Terrorism (Second) Ordinance, 2001
Section60
StatusIn force as published by the source

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