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Section 36 – Unlawful Activities (Prevention) Act, 1967

Unlawful Activities (Prevention) Act, 1967

 

Section 36. Denotification of a terrorist organisation

 

1[Denotification of a terrorist organisation. (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 an organisation from the 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 Schedule as a terrorist organisation.

 

(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 an organisation from the 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 an organisation, 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 Schedule].

 

——————–

 

1. Inserted by Act No. 29 of 2004 w.e.f. 29-12-2004.

 

 

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Unlawful Activities (Prevention) Act, 1967

 

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