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THE PREVENTION OF TERRORISM (AMENDMENT) ORDINANCE, 2003
NO. 4 OF 2003
Promulgated by the President in the Fifty-fourth Year of the Republic of India.
An Ordinance to amend the Prevention of Terrorism Act, 2002
WHEREAS Parliament is not in session and the President is satisfied that circumstances exist which render it necessary for him to take immediate action;
NOW, THEREFORE, in exercise of the powers conferred by clause (1) of article 123 of the Constitution, the President is pleased to promulgate the following Ordinance:-
Short title and commencement.
1. (1) This Ordinance may be called the Prevention of Terrorism (Amendment) Ordinance, 2003.
(2) It shall come into force at once.
Amendment of section 60.
2. In section 60 of the Prevention of Terrorism Act, 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 case 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.”
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