8

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:‑‑ 8. Insertion of new sections, Act XXVII of 1997.‑In the said Act, after section 11, the following new sections shall be inserted, namely:‑‑ "11A. Organizations concerned in terrorism.‑‑For the purposes of this Act, an organization is concerned in terrorism if it: (a) commits or participates in acts of terrorism; (b) prepares for terrorism; (c) promotes or encourages terrorism; (d) supports and assists any organization concerned with terrorism; (e) patronizes and assists in the incitement of hatred and contempt on religious, sectarian or ethnic lines that stir up disorder; (f) fails to expel from its ranks or ostracize those who commit acts of terrorism and presents them as heroic persons; or (g) is otherwise concerned in terrorism. 11 B. Proscription.‑‑(1) For the purposes of this Act, an organization is proscribed if‑‑ (a) the Federal Government, having reason to believe that an organization is concerned in terrorism, by order, lists it in the First Schedule; (b) it operates under the same name as an organization listed in the First Schedule or it operates under a different name; or (c) the First Schedule is amended by the Federal Government in any way to enforce proscription; (2) The Federal Government may, by order, add or remove an organization from the First Schedule or amend it in any other way. 11C. Right of review.‑‑(1) Where any proscribed organization is aggrieved by the order of the Federal Government made under section 11B, it nay, within thirty days of such order, file a review application, in writing, before the Federal Government, stating the grounds on which it is made, and the Federal Government shall, after hearing the applicant, decide the matter within ninety days; (2) An organization whose review application has been refused under subsection (1) may file an appeal to the High Court within thirty days of the refusal of the review application. (3) The Federal Government shall appoint a Proscribed Organizations Review Committee to determine all review applications under subsection (1). 11D. Observation order.‑‑‑Where the Federal Government, has reason to believe that an organization .is acting in a manner that it may be concerned in terrorism: (1) The organization may be kept under observation, if‑‑ (a) the name of the organization is listed. in the Second Schedule by order of the Federal Government; or (b) it operates under the same name as an organization listed in the Second Schedule., (2) An organization or a person aggrieved by the observation order passed under subsection (1) may filed a review application before the Federal Government, which shall, after hearing the applicant, decide the matter within sixty days. (3) Where the organization is under observation, the Federal Government may further extend the period of observation, only after giving the organisation an opportunity of being heard. (4) Each observation period shall be for six months, and may be extended by the Federal Government only after giving an opportunity of being heard to the organization concerned. 11E. Measures to be taken against a proscribed organization.‑ Where any organization shall be proscribed: (1) Amongst other measures to be taken by the Federal Government‑‑ (a) its offices, if any, shall be sealed; (b) its accounts, if any, shall be frozen; (c) all literature, posters, banners, or printed, electronic, digital or other material shall be seized; and (d) publication, printing or dissemination of any press statements, press conferences or public utterances by or on behalf of or in support of a proscribed organization shall be prohibited. (2) The Proscribed Organization shall submit all accounts of its income and expenditure for its political and social welfare activities and disclose all funding sources to the competent authority designated by the Federal Government. 11 F. Membership support and meetings relating to a Proscribed Organization. ‑‑(I) A person is guilty of an offence if he belongs or professes to belong to a proscribed organization. (2) A person guilty of an offence under subsection (1) shall be liable on conviction to a term not exceeding six months' imprisonment and a fine. (3) A person commits an offence if he‑‑ (a) solicits or invites support for a proscribed organization, and the support is not, or is not restricted to, the provision of money or other property; or (b) arranges, manages 'or assists in managing, or addressing a meeting which he knows is‑-- (i) to support a proscribed organization; (ii) to further the activities of a proscribed organization; or (iii) to be addressed by a person who belongs or professes to belong to a proscribed organization. (4) A person commits an offence if he addresses a meeting, or delivers a sermon to a religious gathering, by any means whether verbal, written, electronic, digital or otherwise, and the purpose of his address or sermon, is to encourage support for a proscribed organization or to further its activities. (5) A person commits an offence if he solicits, collects or raises funds for a proscribed organization. (6) A person guilty of an offence under subsections (3), (4) and (5) shall be liable on conviction to a term of imprisonment not less than one year and not more than five years and a fine. 11 G. Uniform.‑‑(1) A person commits an offence if he‑‑ . (a) wears, carries or displays any article, symbol, or any flag or banner connected with or associated with any proscribed organization; or (b) carries, wears or displays any uniform item of clothing or dress in such a way or in such circumstances as to arouse reasonable suspicion that he is a member or supporter of a proscribed organization. (2) A person who commits an offence under subsection (1) shall be liable by way of summary procedure to simple imprisonment for a term not exceeding three months or to a fine or to both. 11H. Fund raising‑‑(1) A person commits an offence if he‑‑ (a) invites another to provide money or other property, and (b) intends that it should be used, or has reasonable cause to suspect that it may be used, for the purpose of terrorism. (2) A person commits an offence if‑‑ (a) he receives money or other property, and (b) intends that it should be used, or has reasonable cause to suspect that it may be used, for the purposes of terrorism. (3) A person commits an offence if he‑‑ (a) provides money or other property; and (b) knows or has reasonable cause to suspect that it will or may be used for the purposes of terrorism. (4) In this section a reference to the provision of money or other property is a reference to its being given, lent or otherwise made available, whether or not for consideration. 11‑I. Use and possession.‑‑A person commits an offence if‑‑ (1) he uses money or other property for the purposes of terrorism; or (2) he‑‑ (a) possesses money or other property; and (b) intends that it should be used, or has reasonable cause to suspect that it may be used, for the purposes of terrorism. 11J. Funding Arrangements.‑‑A person commits an offence if he‑‑ (a) enters into or becomes concerned in an arrangement as a result of which money or other property is made available or is to be made available to another, and (b) has reasonable cause to suspect that it will or may be used for the purposes of terrorism. 11K. Money‑laundering:‑‑(1) A person commits an offence if he enters into or becomes concerned in any arrangement which facilitates the retention or control, by or on behalf of another person, of terrorist property: (a) by concealment, (b) by removal from the jurisdiction, (c) by transfer to nominees, or (d) in any other way. (2) It is a defence for a person charged with an offence under subsection (1) to prove that he did not know and had no reasonable cause to suspect that the arrangement related to terrorist property. 11 L. Disclosure of Information.‑‑(1) Where a person‑‑ (a) believes or suspects that another person has committed an offence under this Act; and (b) bases his belief or suspicion on information which comes to his attention in the course of a trade, profession, business or employment, he commits an offence if he does not disclose to a police officer as soon as is reasonably practicable his belief or suspicion, and the information on which it is based. (3) it is a defence for a person charged with an offence under subsection (1) of this‑section to prove that he had a reasonable excuse for not making the disclosure: Provided that this subsection does not require disclosure by a professional legal advisor of any information which he obtains in privileged circumstances. (3) A person may disclose to a police officer‑‑‑ (i) a suspicion or belief that any money or other property is terrorist property or is derived from terrorist property; or (ii) any matter on which the suspicion is based. (4) Subsection (3) shall have effect notwithstanding any restriction on the disclosure of information imposed by any law for the time being in force. 11M. Cooperation with the police.‑‑(1) A person does not commit an offence under sections 11H to 11K, if he is acting with the express consent of a police officer not below the rank of a Deputy Superintendent; and (2) Subject to subsections (3) and (4) under this section, a person does not commit an offence under sections 11H to 11K by involvement in a transaction or arrangement relating to money or other property if he discloses to a police officer‑‑ (a) his suspicion or belief that the money or other property is terrorist property, and (b) the information on which his suspicion or belief is based. (3) Subsection (2) under this section applies only where a person makes a disclosure‑‑ (a) after he becomes concerned in the transaction concerned; (b) on his own initiative; and (c) as soon as is reasonably practicable. (4) Subsection (2) under this section does not apply to a person if‑‑ (a) a police officer forbids him to continue his involvement in the transaction or arrangement to which the disclosure relates, and (b) he continues his involvement. (5) It is a defence for a person charged with an offence under sections 11H to 11J to prove that‑‑ (a) he intended to make a disclosure, and (b) there is reasonable excuse for his failure to do so. 11N. Punishment under sections 11H to 11K.‑‑Any person who commits an offence under sections 11H to 11K, shall be punishable on conviction with imprisonment for a term not less than six months and not exceeding five years and with fine. 11‑O. Seizure and detention.‑‑An officer authorised by the Provincial Government in this behalf, hereinafter referred to as the "authorized officer", may seize and detain any cash recovered, if he has reasonable grounds for suspecting that‑‑ (a) it is intended to be used for the purposes of terrorism; (b) it forms the whole or part of the resources of a proscribed organization, and includes any cash which is applied or made available, or is to be applied or made available, for use by the organization whether being imported into, or exported from Pakistan; or (c) it is terrorist property within the meaning given in section 2(aa): Provided that any cash seized under this section shall be released not later than the end of the period of 48 hours beginning with the time when it is seized, unless an application has been made to the Court under section 11P and an order has been obtained for its detention for a further specified period. 11 P. Application by authorised officer to a Court.‑‑(1) An authorised officer may apply to a Court for an order under this section in relation to any cash seized under section 11‑O. (2) An order under this section‑‑ (a) shall authorize, the further detention, under section 11‑O of the cash to which it relates for a period specified in the order, if the continued detention of the cash is justified pending completion of an investigation of its origin or derivation; (b) shall specify a period which ends not later than the period of three months beginning with the date of the order; and (c) shall require notice to be given to the person from whom the cash was seized and to any other person who is affected by and specified in the order. (3) Any cash detained under section 11‑O if detained for a further specified period under this section shall be held in a profit and loss account and the profit and loss so earned shall be added to it on its release or forfeiture. 11‑Q. Forfeiture.‑‑(1) The Court by or before which a person is convicted of an offence under any of the sections 11H to 11M may make a forfeiture order in accordance with the provisions of this section. (2) Where a person is convicted of an offence under section 11H(1) or (2) or section' 11‑I, the Court may order the forfeiture of any money or other property‑‑ (a) which, at the time of the offence, he had in his possession or under his control; and (b) which, at that time, he intended should be used, or had reasonable, cause to suspect might be used, for the purposes of terrorism. (3) Where a person has been convicted under section 11H(3), the Court may order the forfeiture of any money or other property‑‑ (a) which, at the time of the offence, he had in his possession or under his control, and (b) which, at the time, he knew or had reasonable cause to suspect would or might be used for the purposes of terrorism. (4) Where a person is convicted of an offence under section 11J, the Court may order the forfeiture of the money or other property‑‑ (a) to which the arrangement in question related; and (b) which, at the time of the offence, he knew or had reasonable cause to suspect would or might be used for the purposes of terrorism. (5) Where a person is convicted of an offence under section 11K, the Court may order the forfeiture of the money by other property to which the arrangement in question related. (6) Where a person is convicted of an offence under any of the sections 11H to 11 K, the Court may order forfeiture of any money or other property which wholly or partly, and directly or indirectly, is received by any person as a payment or other reward in connection with the commission of the offence. 11 R. Authorized officer may apply to Court for forfeiture.‑‑(1) Any authorized officer may apply to the Court for an order forfeiting the cash being detained under sections 11P and 11Q. (2) The Court may grant an application only if satisfied on the balance of probabilities that the cash is cash of a kind as defined in section 11Q, and before so doing must give an opportunity to be heard to any person‑‑ (a) who is not a party to the proceedings, and (b) who claims to be the owner of or otherwise interested in any of the cash which can be forfeited under this section. (3) An order may be made under this section, whether or not proceedings are brought against any person for an offence with which the cash is connected. 11S. Appeal against forfeiture order under section 11 R.‑‑(1) Any party to the proceedings in which a forfeiture order is made under section 11 R, may appeal to the High Court against such an order, (2) An appeal must be brought before the end of the period of thirty days beginning with the date on which the forfeiture order was made. 11T. Deposit of Cash in a fund.‑‑(1) Any cash to which a forfeiture order under sections 11R and 11S applies, alongwith the profit and loss accrued, shall be deposited into a special fund to be notified by the Feder4l Government‑‑ (a) after the expiry of the limitation period within which an appeal against the forfeiture order may be brought under section 11S(2), or (b) where an appeal brought under section 11 S has been determined and disposed of. (2) Any fund constituted by the Federal Government under subsection (1) may also be used to compensate victims of acts of terrorism or in the case of deceased victims, their dependants. 11U. Deproscription.‑‑(1) After three years of the disposal of the appeal, if any, or where no appeal was filed, from the date of the order of proscription, or from the date of any refusal of an application of deproscription, the proscribed organization may apply in writing to the Federal Government for the exercise of its power under section 11B (d) to remove the organization from th6 First Schedule, where the proscribed organization feels that it can prove to the satisfaction of the Federal Government that the reasons for its proscription have ceased to exist. (2) The Federal Government shall decide such application within a period of ninety days, after providing a reasonable opportunity of hearing to the applicant. 11V. Directing terrorist activities.‑‑(1) A person commits an offence if he‑‑ (a) directs, at any level, whilst resident in Pakistan or abroad, activities of an organization concerned with the preparation, instigation or commission of acts of terrorism; or (b) directs, from within the country or abroad, activities connected with the commission, preparation or instigation of an act of terrorism. (2) A person guilty` of an offence under subsection (1) shall be liable on conviction to imprisonment for a maximum term of seven years and to forfeiture or confiscation of his assets within or outside Pakistan. 11W. (1) Printing, publishing, or disseminating any material to incite hatred or giving projection to any person convicted for a terrorist act or any proscribed organization or an organization placed under observation or anyone concerned in terrorism.‑‑(1) A person commits an offence if he prints, publishes or disseminates any material, whether by audio or video cassettes or by written, photographic, electronic, digital, wall‑chalking or any other method which incites religious, sectarian or ethnic hatred or gives projection to any person convicted for a terrorist act, or any person or organization concerned in terrorism or proscribed organization or an organization placed under observation: Provided that a factual news report, made in good faith, shall not be construed to mean "projection" for the purposes of this section. (2) Any person guilty of an offence under subsection (1) shall be liable by way of summary procedure, on conviction, to a maximum term of six months' imprisonment and a fine. 11X. Responsibility for creating civil commotion.‑‑(1) A person commits an offence if he makes any call for action or shut‑down, imposed through the use of threats or, force resulting in damage or destruction of property or injury to person, to intimidate citizens and prevent them from carrying out their lawful trade or business activity. (2) A person guilty of an offence under subsection (1) shall on conviction be punishable with imprisonment for a term not less than six months and not more than five years and shall pay compensation as may be determined by the Court, from the funds of the organization to which he belongs or from his own personal resources or assets for the hurt or damage or destruction caused as a result of the commission of the offence under sub section (1). (3) A person commits an offence if he addresses a meeting or gathering or delivers a sermon to a religious gathering by any means whether verbal, written, electronic, digital or otherwise to incite religious, sectarian or ethnic hatred and contempt, and shall, on conviction, be punishable with imprisonment not less than six months and not more than three years or fine or with both.