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An Act to amend the Prevention of Terrorism Act, 2002.

BE it enacted by Parliament in the Fifty-fourth Year of the Republic of

India as follows:-

 

1.

Short title and commencement.

 

1. Short title and commencement.-(1) This Act may be called the

Prevention of Terrorism (Amendment) Act, 2003.

(2) It shall be deemed to have come into force on the 27th day of

October, 2003.

 

2.

Amendment of section 60.

 

2. Amendment of section 60.-In section 60 of the Prevention of

Terrorism Act, 2003 (15 of 2002), after sub-section (3), the following

sub-sections shall be inserted, namely:-

“(4) Without prejudice to the other provisions of this Act, any Review

Committee constituted under sub-section (1) shall, on an application by

any aggrieved person, review whether there is a prima facie for

proceeding against the accused under this Act and issue directions

accordingly.

(5) Any direction issued under sub-section (4),-

(i) by the Review Committee constituted by the Central Government,

shall be binding on the Central Government, the State Government and

the police officer investigating the offence; and

(ii) by the Review Committee constituted by the State Government, shall

be binding on the State Government and the police officer investigating

the offence.

(6) Where the reviews under sub-section (4) relating to the same

offence under this Act, have been made by a Review Committee

constituted by the Central Government and a Review Committee

constituted by the State Government, under sub-section (1), any

direction issued by the Review Committee constituted by the Central

Government shall prevail.

(7) Where any Review Committee constituted under sub-section (1) is of

opinion that there is no prima facie case for proceeding against the

accused and issues directions under sub-section (4), then, the

proceedings pending against the accused shall be deemed to have been

withdrawn from the date of such direction.”.

 

3.

Repeal and saving.

 

3. Repeal and saving.-(1) The Prevention of Terrorism (Amendment)

Ordinance, 2003 (Ord. 4 of 2003), is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken

under the Prevention of Terrorism Act, 2002 (15 of 2002), as amended by

the said Ordinance, shall be deemed to have been done or taken under

the said Act, as amended by this Act.


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