Page:Prevention of Terrorism Act, 2002 on Gazette of India.pdf/7

 SEC. 1] ignored and if such property is subsequently forfeited, the transfer of such property shall be deemed to be null and void.

16. (1) Where any person is accused of any offence under this Act, 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 Act.

(2) Where a person has been convicted of any offence punishable under this Act, the Special Court may, in addition to awarding any punishment, by 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.

17. Where any shares in a company stand forfeited to the Central Government or the State Government, as the case may be, under this Act, 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.

18. (1) For the purposes of this Act, 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.

(3) The Central Government may exercise its power under clause (a) of sub-section (2) in respect of an organisation only if it believes that it is involved in terrorism.

(4) For the purposes of sub-section (J), an organisation shall be deemed to be involved in terrorism if it—
 * (a) commits or participates in acts of terrorism,
 * (b) prepares for terrorism,
 * (c) promotes or encourages terrorism, or
 * (d) is otherwise involved in terrorism.

19. (1) 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