THE GAZETTE OF INDIA EXTRAORDINARY

[PART 11—SH-3 (i)l

MINISTRY OF HOME AFFAIRS

NOTIFICATION

New Delhi, the 27th November, 2001

G.S.R. 871 (E).—In exercise of the powers conferred

by sub-section (1) read with clause (h) of sub-section (2)

of section 61 of the Prevention of Terrorism Ordinance,

200] (9 of2001), the Central Government hereby makes the

following rules, nemely:—

1. Short title a nd commencement: (1) These rules may

be called the Making of Application (Removal of

Organisation from the Schedule) Rules, 2001.

(2) They shall come into force on the date of their

publication in the Official Gazette.

2. Definitions : In these rules, unless the context

otherwise requires,—

(a) "Ordinance"

means the Prevention of

Terrorism Ordinance, 2001 (9 of 2001);

(b) "Section" means the section of the Ordinance;

rules but not defined in these rules and defined

in the Ordinance shall have the meanings

respectively assigned to them in the

Ordinance.

3. Making of application;

(1) Any person or an organisation affected by the

inclusion of the organisation in the Schedule

as a terrorist organisation may prefer an appeal

to the Central Government,

(2) An application may be • made by the

organisation listed in the Schedule, duly

signed by an office-bearer of the organisation

or any person affected by inclusion of the

organisation m the Schedule as a terrorist

organisation,

4. Procedure for filing and disposal of application:

(1) Every appeal to the Central Government shall

be made in the form of a memorandum signed

by the person or an office-bearer of I he

organisation affected, and shall be addressed

to the Secretary to the Government of India in

the Ministry'of Home Affairs and be presented

to the officer personally or sent to him by

registered post with acknowledgement due,

(2) The memorandum of appeal shall set forth,

concisely and under distinct head, the grounds

of objections to the inclusion of the

organisation in the Schedule without any

argument or narrative; wjth the grounds

numbered consecutively on which the

application is made for removal of the name of

the organisation from the Schedule.

(3) The application made under sub-section (1)

of section 19 of the Ordinance shall be

considered and disposed of with the pripr

approval of the Central Government within'a

period of forty -five days from the date of receipt

of application.

(4) If the application filed by a person or an

organisation is defective in form, the Central

Government shall, before rejecting such

application, call upon the party concerned to

remove the defects within a particular time, and

if he or it does so, the application shall be

considered.

5. Application for review to Review Committee : An

organisation, if aggrieved by the orders of the Central

Government, may make an application for a review to

the Review Committee constituted under sub-section

(1) of section 59 within one month from the date of

receipt of the order by the application.

|F. No. n-13013/16/2001-Legal Cell]

A. K. JAIN, Jt. Secy.

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