Amendment status not verified — confirm the current text below against the official source.
[* * *] (2) In a prosecution for an offence under sub-section 3 of Section 3, if it is proved that the accused rendered any financial assistance to a person accused of, or reasonably suspected of, an offence under that section, the Designated Court shall presume, unless the contrary is proved, that such person has committed the offence under that sub-section. 22 . Identification of accused – Where a person has been declared a proclaimed offender in terrorist case, the evidence regarding his identification by witnesses on the basis of his photograph shall have the same value as the evidence of a test identification parade. 23 . Saving – (1) Nothing in this Act shall affect the jurisdiction exercisable by, or the procedure applicable to, any Court or other authority under any law relating to the naval, military or air forces or other armed forces of the Union. (2) For the removal of doubts, it is hereby declared that for the purposes of any such law as is referred to in sub-section (1), a Designated Court shall be deemed to be a Court of ordinary criminal justice. 24 . Saving as to orders – Where an order purports to have been made and signed by any authority in exercise of any power conferred by or under this Act, a Court shall, within the meaning of the Indian Evidence Act, 1872, presume that such order was so made by that authority. 25.Overriding effect – The provisions of this Act or any rule made thereunder or any order made under any such rule shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act or in any instrument having effect by virtue of any enactment other than this Act. 26 . Protection of action taken under this Act – No suit, prosecution or other legal proceeding shall lie against the Central Government or State Government or any other authority on whom powers have been conferred under this Act or any rules made thereunder, for anything which is in good faith done or purported to be done in pursuance of this Act or any rules made thereunder or any order issued under any such rule. 27 . Power of the Supreme Court to make rules – The Supreme Court may, by notification in the Official Gazette, make such rules, if any, as it may deem necessary for carrying out the provisions of this Act relating to Designated Court. 28 . Power to make rules – (1) Without prejudice to the powers of the Supreme Court to make rules under Section 27, 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 power, 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 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 offence 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 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 cope with terrorist acts or disruptive activities; (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 seven years or for a term which may not be less than six months but which may extend to seven years or with fine or with imprisonment as aforesaid and fine; (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. 29 . Rules to be laid before Houses of Parliament – Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have affect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 30 . Repeal and Saving - (1) The Terrorist and Disruptive Activities (Prevention) Ordinance, 1987 (2 of 1987) is hereby repealed.(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act.