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ORDINANCE XXXIX OF 2001 ORDINANCE XXXIX OF 2001 ANTI‑TERRORISM (AMENDMENT) ORDINANCE, 2001 An Ordinance further to amend the Anti‑Terrorism Act, 1997 [Gazette of Pakistan, Extraordinary, Part I, 14th August, 2001] F.No.2(1)/2001‑Pub., dated 14‑8‑2001.‑‑‑The following Ordinance promulgated by the President is hereby published for general information:‑‑ 2. Amendment of section 2, Act XXVII of 1997.‑‑In the Anti terrorism Act, 1997 (XXVII of 1997), hereinafter referred to as the said Act, in section 2, for clauses (d) to (h) the following shall be substituted, namely:‑‑ (d) "child" means a person who at the time of the commission of the offence has not attained the age of eighteen years; (e) "Court" means an Anti‑terrorism Court established under section 13; (f) "explosives" means any bomb, grenade, dynamite, or explosive substance capable of causing an injury to any person or damage to any property and includes any explosive substance as defined in the Explosive Act, 1884 (IV of 1884); (g) "fire‑arms" means any or all types and gauges of handguns, rifles and shotguns, whether automatic, semi‑automatic or bolt action, and shall include all other fire‑arms as defined in the Arms Ordinance 1965 (W.P. Ordinance XX of 1965); (h) "fine", means a pecuniary amount to be determined by the Court having regard to the facts and circumstances of the case; (i) "Government" means the Federal Government or, as the case may be, the Provincial Government; (j) "grievous", in relation to bodily injury, means any emasculation, mutilation, incapacitation, disfigurement or severe harm or hurt; and in relation to property, means severe loss, damage or destruction; (k) "High Court" means the High Court having territorial jurisdiction in respect of the area for which an Anti‑terrorism Court has been established; (l) "hijacking" means any unlawful seizure or exercise of control, or any attempt at unlawful seizure or exercise of control, of an aircraft, by force, violence, threat or any form of obstruction, directly or through any other person, from within or outside the aircraft; (m) "hostage‑taking" means the holding of a person captive with threats made to kill or harm that person if demands are not met; (n) "kidnapping for ransom' means the action of conveying any person from any place, without his consent, or by force compelling or by any deceitful means inducing him, to go from any place, and unlawfully detaining him and demanding or attempting to demand, money, pecuniary or other benefit from him or from another person, as a condition of his release; (o) "meeting" means a meeting of two or more persons, whether in public or private; (p) "organization" means any group, combination or body ,of persons acting under a distinctive name; (q) "proscribed organization" means any organization using a name which is listed in the First Schedule under section 11 B; (r) "public servant" shall have the same meaning as in section 21 of the Pakistan Penal Code, 1860, or in any other law for the time being in force; (s) "Schedule" means a Schedule to this Act. (t) "scheduled offence" means an offence as set out in the Third Schedule; (u) "sectarian" means pertaining to, devoted to, peculiar to, or one which promotes the interest of a religious sect, or sects, in a bigoted or prejudicial manner; (v) "sectarian hatred" means hatred against a group of persons defined by reference to religion, religious sect, religious persuasion, or religious belief; (w) "serious" means dangerous to life or property; (x) "terrorism" or "act of terrorism" has the meaning as assigned to it in section 6; (y) "terrorist" has the meaning as assigned to it in section 6(5); (z) "terrorist investigation" means an investigation of: (a) the commission, preparation or instigation of acts of terrorism under this Act; (b) an act which appears to have been done for the purposes of terrorism; (c) the resources of a proscribed organization; (d) the commission, preparation or instigation of an offence under this Act; or (e) any other act for which investigation may be necessary for the purposes of this Act; (aa) "terrorist property" means: (i) (a) money or other property which is used or is likely to be used for the purposes of terrorism (including any resources of a proscribed organization); (b) proceeds of the commission of acts of terrorism; (c) proceeds of acts carried out for the purposes of terrorism; and (ii) In subsection (i) above: (a) a reference to proceeds of an act, includes reference to any property which wholly or partly, and directly or indirectly, represents the proceeds of the act (including payments of other rewards in connection with the commission); (b) the reference to an organization's resources includes a reference to any money or other property which is applied or made available, or is to be applied or made available, for use by the organization, and includes assets of any kind, whether tangible or intangible, movable or immovable, and legal documents or instruments in any form, whether written, electronic or digital, and shares, securities, bonds, drafts and letters of credit; and (c) a reference to money includes a reference to any cash which means any coins, notes in any currency, postal orders, money orders, bank credit, travellers' cheques, bank cheques, bankers' drafts, and such other kinds of monetary instruments as the Federal Government may by order specify; (bb) "weapon" means any item which can be used to injure or cause bodily harm, and includes any type of fire‑arm, explosive, sword, dagger, knuckle‑duster, stengun, bomb, grenade, rocket launcher, mortar or any chemical, biological weapon or any other thing which can be used for causing injury, hurt, harm or destruction of person or property, and includes "illicit arms" as defined in the Surrender of Illicit Arms Act, 1991 (XXI of 1991); and (cc) all other terms and expressions used but not defined in this Act, shall have the meanings as are assigned to them in the Pakistan Penal Code, 1860, or the Code of Criminal Procedure, 1898.