36. Denotification of 1[terrorist organisation or individual].-- (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 2[an organisation from the First Schedule, or as the case may be, the name of an individual from
the Fourth 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 3[First Schedule as a terrorist organisation, or].
4[(c) any person affected by inclusion of his name in the Fourth Schedule as a terrorist.]
(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 5[an organisation from the First Schedule or the name of an individual from the Fourth 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 6[or an individual], 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 7[First Schedule or the name of an individual from the Fourth 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 3[First Schedule as a terrorist organisation, or].
4[(c) any person affected by inclusion of his name in the Fourth Schedule as a terrorist.]
(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 5[an organisation from the First Schedule or the name of an individual from the Fourth 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 6[or an individual], 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 7[First Schedule or the name of an individual from the Fourth Schedule].
1. Subs. by Act 28 of 2019, s. 6, for "a terrorist organisation" (w.e.f. 14-8-2019). 2. Subs. by s. 6, ibid., for "an organisation from the Schedule" (w.e.f. 14-8-2019). 3. Subs. by s. 6, ibid., for "Schedule as a terrorist organization" (w.e.f. 14-8-2019). 4. Ins. by s. 6, ibid. (w.e.f. 14-8-2019). 5. Subs. by s. 6, ibid., for "an organisation from the Schedule" (w.e.f. 14-8-2019). 6. Ins. by s. 6, ibid., (w.e.f. 14-8-2019). 7. Subs. by s. 6, ibid., for "Schedule" (w.e.f. 14-8-2019).