Back

NATIONAL SECURITY GUARD ACT, 1986

47 of 1986

22nd September, 1986

STATEMENT OF OBJECTS AND REASONS For quite sometime past, terrorism has been steadily assuming menacing proportions in the country. These elements have been indulging in wanton killings, arson, looting and other heinous crimes such as hijacking, mass murders, etc., with the object to overawe the Government to terrorise, create fear and panic in the minds of citizens and to disrupt communal peace and harmony. With a view to effectively combating such terrorist activities in different States and to protect the States against internal disturbances, the Central Government decided to raise a special armed force. Consequently, the National Security Guard was raised in the middle of 1984 when the Directorate-General of National Security Guard was set up under the command of a senior police officer designated as the Director-General of the National Security Guard. 2. The National Security Guard shall serve as a contingency deployment force to deal with terrorist activities in various States. However, considering the 'nature and purpose of the force and the experience gained during the last two years, it has been felt that the force should be regulated by a self-contained statute which will provide for its special needs more particularly in matters of discipline. 3. While taking care that the National Security Guard does not lose its character as an amend force of the Union charged with combating terrorist activities within the country, the Bill seeks to ensure that highest standards of efficiency and discipline are maintained, in this Force. Accordingly, the drafting the present Bill, the provision of the Army Act, 1950in and the Border Security Force Act, 1968have been borne in mind. 4. The Bill provides for the constitution of the National Security Guard and for deeming the existing National Security Guard as the force constituted thereunder. It provides for the conditions of service of the members of the force. In particular, pursuant to Article 33 of the Constitution provisions have been inserted in the Bill to restrict or abrogate the application of some of the fundamental rights to the members of the force in so far as this is necessary for the maintenance of discipline. The Bill sets out the offences for which the members of the force may be tried. It provides for the constitution of Security Guard Courts for the trial of such offences. It specifies the procedure which would be followed by the Security Guard Courts and makes applicable the provisions of the Indian Evidence Act, 1872to the proceedings of the said Courts. The Bill seeks to achieve the above objects.- Gaz. of Ind., 8-8-86, Pt. II-S. 2, Ext., P. 49 (No. 34).

An Act to provide for the constitution and regulation of an armed force of the Union for combating terrorist activities with a view to protecting States against internal disturbances and for matters connected therewith. Be it enacted by Parliament in the Thirty-seventh Year of the Republic of India as follows :-

SECTION 01: SHORT TITLE AND COMMENCEMENT

( 1 ) This Act may be called The National Security Guard Act, 1986.

(2) It shall come into force on such date1as the Central Government may, by notification in the Official Gazette, appoint.

SECTION 02: DEFINITIONS

(1) In this Act, unless the context otherwise requires,-

(a) "active duty", in relation to a person subject to this Act, means any duty as

a member of the Security Guard during the period in which such person is attached to, or forms part of, a unit of the Security Guard-

(i) which is engaged in operations against terrorists or any person in arms against the Union; or

(ii) which is operating at a picket or engaged, on patrol or any other duty, in relation to combating terrorist activity;

(b) "Assistant Commander" means a person appointed or in pay as an Assistant Commander Grade I, Assistant Commander Grade II or Assistant Commander Grade-111;

(c) "civil offence" means an offence which is triable by a Criminal Court or by a Special Judge appointed under the Criminal Law Amendment Act, 1952;

(d) "civil prison" means any jail or place used for the detention of any criminal prisoner under the Prisons Act, 894-, or under any other law for the time being in force;

(e) "combatised tradesman" means a person appointed or in pay as a combatised tradesman:

(f) "Commander", when used in any provision of this Act with reference to any unit of the Security Guard, means the officer whose duty it is to discharge with respect to that unit, the functions of a Commander in regard to matters of the description referred to in that provision;

(g) "Criminal Court" means a Court of ordinary criminal justice in any part of India and includes a Court of a special Judge appointed under the Criminal Law Amendment Act, 1952;

(h) "Deputy Inspector-General" means a Deputy Inspector-General of the Security Guard appointed under section 5-;

(i) "Director-General" and "Additional Director-General" mean, respectively, the Director- General and an Additional Director-General of the Security Guard appointed under section 5-;

(j) "Group" means a unit of the Security Guard constituted as a Group by the Central Government;

(k) "Group Commander" means a Group Commander of the Security Guard appointed under section 5-;

(1) "Inspector-General" means an Inspector-General of the Security Guard appointed under section 5-;

(m) "Judge Attorney-General", "Additional Judge Attorney-General", "Deputy Judge Attorney- General" and "Judge Attorney" mean, respectively, the Judge Attorney-General, an Additional Judge Attorney-General, a Deputy Judge Attorney-General and a Judge Attorney of the Security Guard appointed in the appropriate rank by the Central Government;

(n) "member of the Security Guard" means an officer, an Assistant Commander, a Ranger or a combatised tradesman,

(o) "notification" means a notification published in the Official Gazette;

(p) "offence" means any act or omission punishable under this Act and includes a civil offence;

(q) "officer" means a person appointed or in pay as an officer of the Security Guard;

(r) "prescribed" means prescribed by rules;

(s) "Ranger" means a Ranger Grade I and a Ranger Grade II of the Security Guard;

(t) "rule" means a rule made under this Act;

(u) "Security Guard" means the National Security Guard;

(v) "Security Guard Court" means' a Court referred to in Section 61 -;

(w) "Security Guard custody" means the arrester confinement of a member of the Security Guard according to rules;

(x) "superior officer", when used in relation to a person subject to this Act, means-

(i) any member of the Security Guard to whose command such person is for the time being subject in accordance with the rules;

(ii) any officer of a higher rank or class, and includes, when such person is not an officer, an Assistant Commander or a Ranger of a higher rank or class;

(y) "terrorist" means any person who, with intent to over-awe the Government as by law established or to strike terror in the people or any section of the people or to alienate any section of the people or to adversely affect the harmony amongst different sections of the people, does any act or thing by using bombs, dynamite or other explosive substances or inflammable substances or firearms or other lethal weapons or poisons or noxious gases or other chemicals or any other substances (whether biological or otherwise) of a hazardous nature, in such a manner as to cause, or as is likely. to cause, death of, or injuries to, any person or persons or damage to, or destruction of, property or disruption of any supplies or services essential to the life of the community;

(z) all words and expressions used and not defined in this Act but defined in the Indian Penal Code-shall have the meanings respectively assigned to them in that Code.

(2) In this Act, references to any law not in force in any State shall be construed as references to the corresponding law in force in that State.

SECTION 03: PERSONS SUBJECT TO THIS ACT

(1) The following persons appointed (whether on deputation Or in any other manner) in the Security Guard shall be subject to this Act, wherever they may be, namely:-

(a) Officers and Assistant Commander; and

(b) Rangers and combatised tradesmen.

(2) Every person subject to this Act shall remain so subject until repatriated, retired, released, discharged, removed or dismissed from the Security Guard in accordance with the provisions of this Act and the rules.

SECTION 04: CONSTITUTION OF THE SECURITY GUARD

( 1 ) There shall be an armed force of the Union called the National Security Guard for combating terrorist activities with a view to protect States against internal disturbances.

(2) Subject to the provisions of this Act, the Security Guard shall be constituted in such manner as may be prescribed and the conditions of service of the members of the Security Guard shall be such as may be prescribed.

SECTION 05: CONTROL, DIRECTION, ETC

(1) The general superintendence, direction and control of the Security Guard shall vest in, and be exercised by, the Central Government and subject thereto and to the provisions of this Act and the rules, the command and supervision of the Security Guard shall vest in an officer to be appointed by the Central Government as the Director -General of the Security Guard.

(2) The Director-General shall, in the discharge of his duties under this Act, be assisted by such number of Additional Directors-General, Inspectors-General, Deputy Inspectors-General, Group Commanders and other officers as may be appointed by the Central Government.

SECTION 06: LIABILITY FOR SERVICE OUTSIDE INDIA

Every member of the Security Guard shall be liable to serve in any part of India as well as outside India.

SECTION 07: RESIGNATION AND WITHDRAWAL FROM THE POST

- No member of the Security Guard shall be at liberty-

(a) to resign his appointment during the term of his engagement; or

(b) to withdraw himself from all or any of the duties of his appointment, except with the previous permission in writing of the prescribed authority.

SECTION 08: TENURE OF SERVICE UNDER THE ACT

Every person subject to this Act shall hold office during the pleasure of the President.

SECTION 09: TERMINATION OF SERVICE BY CENTRAL GOVERNMENT

Subject to the provisions of this Act and the rules, the Central Government may dismiss or remove from service any person subject to this Act.

SECTION 10: DISMISSAL, REMOVAL OR REDUCTION BY THE DIRECTOR-GENERAL AND BY OTHER OFFICERS

(1) The Director-General, any Additional Director-General or any Inspector-General may dismiss or remove from service or reduce to a lower grade or rank or the ranks, any person subject to this Act other than an officer.

(2) An officer not below the rank of a Deputy Inspector-General or any prescribed officer may dismiss or remove from the service any person under his command other than an officer or an Assistant Commander.

(3) Any such officer as is mentioned in sub-section (2) may reduce to it lower grade or rank or the ranks any person under his command except an officer or an Assistant Commander.

(4) The exercise of any power under this Section shall be subject to the provisions of this Act and the rules.

SECTION 11: CERTIFICATE OF TERMINATION OF SERVICE

- An Assistant Commander or a Ranger or a combatised tradesman who is retired, released, discharged, removed or dismissed from the service shall be furnished by the officer to whose command he is subject, with a certificate setting forth -

(a) the authority terminating his service;

(b) the cause for such termination' and

SECTION 12: RESTRICTIONS RESPECTING RIGHT TO FORM ASSOCIATION, FREEDOM OF SPEECH, ETC

(1) No person subject to this Act shall, without the previous sanction in writing of the Central Government or of the prescribed authority,-

(a) be a member of, or be associated in any way with, any trade union, labour union, political association or with any class of trade unions, labour unions or political associations; or

(b) be a member of, or be associated in any way with, any society, institution, association or organisation that is not recognised as part of the Security Guard or is not of a purely social, recreational or religious nature; or

(c) communicate with the press or publish or cause to be published any book, letter or other document except where such communication or publication is in the bona fide discharge of his duties or is of a purely literary, artistic or scientific character or is of a prescribed nature.

(2) No person subject to this Act shall participate in, or address, any meeting or take part in any demonstration organised by any body of persons for any political purposes or for such other purposes as may be prescribed.

SECTION 13: REMEDY OF AGGRIEVED PERSONS OTHER THAN OFFICERS

(1) Any person subject to this Act other than an officer who deems himself wronged by any superior or other officer may, complain to the officer under whose command he is serving.

(2) When the officer complained against is the officer to whom any complaint should, under sub-section (1), be preferred, the aggrieved person may complain to such officer's next superior officer.

(3) Every officer receiving any such complaint shall make as complete an investigation into it as may be possible for giving full redress to the complainant; or when necessary, refer the complaint to a superior authority.

(4) The Director-General may revise any decision made under any of the foregoing sub- sections, but, subject thereto, such decision shall be final.

SECTION 14: REMEDY OF AGGRIEVED OFFICERS

Any officer who deems himself wronged by his Commander or any other superior officer and who, on due application made to his Commander or such other superior officer, does not receive the redress to which he considers himself entitled, may complain to the Director-General or the Central Government through proper channel.

SECTION 15: OFFENCES IN RELATION TO THE TERRORISTS AND OTHER PERSONS IN ARMS AGAINST THE UNION AND PUNISHABLE WITH DEATH

- Any person subject to this Act who commits any of the following offences, that is to say,-

(a) shamefully abandons place of his duty or misbehaves in such manner as to show cowardice during operations;

(b) treacherously holds correspondence with, or communicates intelligence to, a terrorist or any person in arms against the Union; or

(c) directly or indirectly assists any terrorist with money, arms, ammunition, stores or supplies or in any other manner whatsoever; or

(d) knowingly does any act calculated to imperil the success of the Security Guard or the military, naval, air forces or any other armed force of India or any forces co-operating therewith or any part of such forces, shall, on conviction by a Security Guard Court, be liable to buffer death or such less punishment as is in this Act mentioned.

SECTION 16: OFFENCE PUNISHABLE MORE SEVERELY ON ACTIVE DUTY THAN AT OTHER TIMES

- Any person subject to this Act who commits any of the following offences, that is to say,-

(a) forces a safeguard, or forces or uses criminal force to a sentry; or (b) breaks into any house or other place in search of plunder; or (c) being a sentry sleeps upon his post, or is drunk; or

(d) without orders from his superior officer leaves his guard, picket, patrol or post, shall, on conviction by a Security Guard Court,-

(i) if he commits any such offence when on active duty, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned; and

(ii) if he commits any such offence when not on active duty, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned.

SECTION 17: MUTINY

- Any person subject to this Act who commits any of the following offences, that is to say,-

(a) begins, incites, causes or conspires with any other person to cause any mutiny in the security Guard or in the military, naval, air forces or any other armed force of India or any forces co- operating therewith; or

(b) joins in any such mutiny; or

(d) knowing or having reason to believe in the existence of any such mutiny, or of any intention to mutiny or of any such conspiracy, does not, without delay, give information thereof to his Commander or other superior officer; or

(e) endeavours to seduce any person in the Security Guard or in the military, naval, air forces or any other armed force of India or any forces co-operating therewith from his duty or allegiance to the Union, shall, on conviction by a Security Guard Court, be liable to suffer death or such less punishment as is in this Act mentioned.

SECTION 18: DESERTION AND AIDING DESERTION

(1) Any person subject to this Act who deserts or attempts to desert the service shall, on conviction by a Security Guard Court, -

(i) if he commits the offence when on active duty or when under orders for

active duty, be liable to suffer death or such less punishment as is in this Act mentioned; and

(ii) if he commits the offence under any other circumstances, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned.

(2) Any person subject to this Act who knowingly harbours any such deserter shall, on conviction by a Security Guard Court, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this Act mentioned.

(3) Any person subject to this Act who, being cognizant of any desertion or attempt at desertion of a person subject to this Act, does not forthwith give notice to his own or some other superior officer, or take any steps in his power to cause such person to be apprehended, shall, on conviction by a Security Guard Court, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned.

(4) For the purposes of this Act, a person deserts,-

+Clients Back

+Lawyers

+Law Students

+Law Schools

Central Act

NATIONAL SECURITY GUARD ACT, 1986

Lawyers Network

Users

Cities Serving

Law Schools Network

Law Students Network