SEC. 1]
THE GAZETTE OF INDIA EXTRAORDINARY
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- Provided that in the case of a Union territory, the appointment of a person who is a Judge of the High Court of a State shall be made as a Chairperson with the concurrence of the Chief Justice of the concerned High Court.
Power of High Courts to make rules 61. The High Court may, by notification in the Official Gazette, make such rules, if any, as they may deem necessary for tarrying out the provisions of this Act relating to Special Courts within their territories.
Power to make rules 62. (1) Without prejudice to the powers of the High Courts to make rules under section 61, the Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely.—
- (a) regulating the conduct of persons in respect of areas the control of which is considered necessary or expedient and the removal of such persons from such areas;
- (b) the entry into, and search of—
- (i) any vehicle, vessel or aircraft; or
- (ii) any place, whatsoever, reasonably suspected of being used for committing the offences referred to in section 3 or section 4 or for manufacturing or storing anything for the commission of any such offence;
- (c) conferring powers upon—
- (i) the Central Government;
- (ii) a State Government;
- (iii) an Administrator of a Union territory under article 239 of the Constitution;
- (iv) an officer of the Central Government not lower in rank than that of a Joint Secretary; or
- (v) an officer of a State Government not lower in rank than that of a District Magistrate, to make general or special orders to prevent or deal with terrorist acts;
- (d) the arrest and trial of persons contravening any of the rules or any order made thereunder;
- (e) the punishment of any person who contravenes or attempts to contravene or abets or attempts to abet the contravention of any rule or order made thereunder with imprisonment for a term which may extend to one year or fine or both;
- (f) providing for the seizure and detention of any property in respect of which such contravention, attempt or abetment as is referred to in clause (e) has been committed and for the adjudication of such seizure and detention, whether by any court or by any other authority;
- (g) determination of the price of the forfeited property under sub-section (2) of section 10;
- (h) the procedure of making application under sub-section (3) of section 19; and
- (i) the qualifications of the members of the Review Committee under sub-section (2) of section 60.
