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REGISTERED NO. D-(D)-72
£ÉÉ®iÉ BÉEÉ ®ÉVÉ{ÉjÉ
The Gazette of India
EXTRAORDINARY
PART II-Section 1
PUBLISHED BY AUTHORITY
No. 76 NEW DELHI, SATURDAY, DECEMBER-27, 1980/PUSA 6, 1902
MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS
(Legislative Department)
New Delhi, the 27
th December, 1980/Pausa 6, 1902 (Saka)
The following Act, of Parliament received the assent of the
President on the 27
th December, 1980, and is hereby published for
general information:-
THE NATIONAL SECURITY ACT, 1980
(65 of 1980)
[27th December, 1980]
An Act to provide for preventive detention in certain cases and
for matters connected therewith.
Be it enacted by Parliament in the Thirty-first Year of the
Republic of India as follows: -
1. (1) This Act may be called the National Security Act,1980.
(2) It extends to the whole of I ndia except the State of Jammu and
Kashmir.
Short title
and extent
2
2. (1) In this Act, unless the context otherwise requires -
(a) "appropriate Government" means, as respects a
detention order made by the Central Government or a
person detained under such order, the Central
Government, and as respects a detention order made
by a State Government or by an officer subordinate to
a State Government or as respects a person detained
under such order, the State Government;
(b) "detention order" means an order made under section
3;
(c) "foreigner" has the same meaning as the Foreigners
Act, 1946; (31 of 1946)
(d) "person" includes a foreigner;
(e) "State Government", in relation to a Union territory,
means the administrator thereof.
Definiti-
ons
31 of 1946
Power to
make orders
detaining
certain
persons
.
3. (1) The Central Government or the State Government may -
(a) if satisfied with re spect to any person that with a view to
preventing him from acting in any manner prejudicial to the
defence of India, the relations of India with foreign powers, or the
security of India, or
(b) if satisfied with respect to any foreigner that with a view to
regulating his continued presence in India or with a view to making
arrangements for his expulsion from India,
It is necessary so to do, make an order directing that such person be
detained.
(2) The Central Government or the State Government may, if
satisfied with respect to any person that with a view to preventing
him from acting in any manner prej udicial to the security of the
State or from acting in any manne r prejudicial to the maintenance
of Public order or from acting in any manner prejudicial to the
maintenance of supplies and services essential to the community it
is necessary so to do, make an order directing that such person be
detained.
Explanation.- For the purposes of this sub-section, "acting in any
manner prejudicial to the mainte nance of supplies and services
essential to the community" does not include "acting in any manner
prejudicial to the maintenance of supplies of commodities essential
to the community" as defined in the Explanation to sub-section (1)
of section 3 of the Prevention of Black-marketing and Maintenance
7 of 1980.
3
of Supplies of Essential Commodities Act, 1980, and accordingly,
no order of detention shall be made under this Act on any ground
on which an order of detention may be made under that Act.
(3) If, having regard to the ci rcumstances prevailing or likely to
prevail in any area within the local limits of the jurisdiction of a
District Magistrate or a Co mmissioner of Police, the State
Government is satisfied that it is necessary so to do, it may, by
order in writing, direct, that during such period as may be specified
in the order, such District Ma gistrate or Commissioner of Police
may also, if satisfied as provided in sub-section (2), exercise the
powers conferred by the said sub-section:
Provided that the period specifi ed in an order made by the State
Government under this sub-section shall not, in the first instance,
exceed three months, but the State Government may, if satisfied as
aforesaid that it is necessary so to do, amend such order to extend
such period from time to time by any period not exceeding three
months at any one time.
(4) When any order is made under this section by an officer
mentioned in sub-section (3), he shall forthwith report the fact to
the State Government to which he is subordinate together with the
grounds on which the order has been made and such other
particulars as, in his opinion, have a bearing on the matter, and no
such order shall remain in force for more than twelve days after the
making thereof unless, in the meantime, it has been approved by
the State Government:
Provided that where under section 8 the grounds of detention are
communicated by the officer making the order after five days but
not later than ten days from the da te of detention, this sub-section
shall apply subject to the modifi cation that, for the words "twelve
days", the words "fifteen days" shall be substituted.
(5) When any order is made or approved by the State Government
under this section, the State Govern ment shall, within seven days,
report the fact to the Central Government together with the grounds
on which the order has been made a nd such other particulars as, in
the opinion of the State Government, have a bearing on the
necessity for the order.
2 of 1974
4. A detention order may be ex ecuted any place in India in the
manner provided for the execution of warrants of arrest under the
Code of Criminal Procedure, 1973 (2 of 1974)
Execution
of
detention
orders
.
4
5. Every person in respect of whom a detention order has been
made shall be liable-
(a) to be detained in such place and under such conditions,
including conditions as to maintenance, discipline and
punishment for breaches of discipline, as the appropriate
Government may, by general or special order, specify; and
(b) to be removed from one place of detention to another
place of detention, whether within the same State or in another
State, by order of the appropriate Government:
Provided that no order shall be made by State Government under
clause (b) for the removal of a person from one State to another
State except with the consent of the Government of that other State.
Power to
regulate
place and
conditions
of
detention
6. No detention order shall be invalid or inoperative merely by
reason-
(a) that the person to be detained thereunder is outside the
limits of the territorial jurisdiction of the Government or
officer making the order, or
(b) that the place of detention of such person is outside the said
limits.
Detention
orders not
to be
invalid or
inoperative
on certain
grounds.
2 of 1974
7. (1) If the Central Government or the State Government or an
officer mentioned in sub-section (3) of section 3, as the case may
be, has reason to believe that a person in respect of whom a
detention order has been made has absconded or is concealing
himself so that the order cannot be executed, that Government or
officer may-
(a) make a report in writing of the fact to a Metropolitan
Magistrate or a Judicial Ma gistrate of the first class
having jurisdiction in the place where the said person
ordinarily resides;
(b) by order notified in the Offi cial Gazette direct the said
person to appear before such officer, at such place and
within such period as may be specified in the order.
(2) Upon the making of a report against any person under clause (a)
of sub-section (1), the provisions of sections 82, 83, 84 and 85 of
the Code of Criminal Procedure, 1973, (2 of 1974), shall apply in
respect of such person and his pr operty as if the detention order
made against him were a warrant issued by the Magistrate.
(3) If any person fails to comply with an order issued under clause
(b) of sub-section (1), he shall, unless he proves that it was not
possible for him to comply therewith and that he had, within the
Powers in
relation to
absconding
persons.
5
period specified in the order, informed the officer mentioned in the
order of the reason which rendered compliance therewith
impossible and of his whereabouts, be punishable with
imprisonment for a term which ma y extend to one year, or with
fine, or with both.
(4) Notwithstanding anything contained in the Code of Criminal
Procedure, 1973 (2 of 1974), ever y offence under sub-section (3)
shall be cognizable
2 of 1974
Grounds of
order of
detention to
be disclosed
to persons
affected by
the order.
8. (1) When a person is detained in pursuance of a detention order,
the authority making the order shall, as soon as may be, but
ordinarily not later than five days and in exceptional circumstances
and for reasons to be recorded in writing, not later than ten days
from the date of detention, communicate to him the grounds on
which the order has been made a nd shall afford him the earliest
opportunity of making a representa tion against the order to the
appropriate Government.
(2) Nothing in sub-section (1) shall require the authority to
disclose facts which it considers to be against the public interest to
disclose.
Constitution
of Advisory
Boards.
9. (1) The Central Government and each State Government shall,
whenever necessary, constitute one or more Advisory Boards for
the purposes of this Act.
(2) Every such Board shall c onsist of three persons who are, or
have been, or are qualified to be appointed as, Judges of a High
Court, and such persons shall be appointed by the appropriate
Government.
(3) The appropriate Gove rnment shall appoint one of the
members of the Advisory Board who is, or has been, a Judge of a
High Court to be its Chairman, and in the case of a Union territory,
the appointment to the Advisory Board of any person who is a
Judge of the High Court of a Stat e shall be with the previous
approval of the State Government concerned.
Reference
to Advisory
Boards.
10. Save as otherwise expressly provided in this Act, in every case
where a detention order has been made under this Act, the
appropriate Government shall, with in three weeks from the date of
detention of a person under the order, place before the Advisory
Board constituted by it under sec tion 9, the grounds on which the
order has been made and the re presentation, if any, made by the
person affected by the order, and in case where the order has been
made by an officer mentioned in sub-section (3) of section 3, also
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the report by such officer under sub-section (4) of that section.
Procedure
of Advisory
Boards.
11. (1) The Advisory Board shall, after considering the materials
placed before it and, after calling fo r such further information as it
may deem necessary from the appropriate Government or from any
person called for the purpose through the appropriate Government
or from the person concerned, and if, in any particular case, it
considers it essential so to do or if the person concerned desires to
be heard, after hearing him in person, submit its report to the
appropriate Government within seven weeks from the date of
detention of the person concerned.
(2) The report of the Advisory Board shall specify in a separate
part thereof the opinion of the Advi sory Board as to whether or not
there is sufficient cause for the detention of the person concerned.
(3) When there is a diffe rence of opinion among the members
forming the Advisory Board, the opi nion of the majority of such
members shall be deemed to be the opinion of the Board.
(4) Nothing in this section shall entitle any person against whom
a detention order has been made to appear by any legal practitioner
in any matter connected with the re ference to the Advisory Board;
and the proceedings of the Advisory Board and its report,
excepting that part of the repor t in which the opinion of the
Advisory Board is specified, shall be confidential.
12. (1) In any case where the Advisory Board has reported that
there is, in its opinion, sufficien t cause for the detention of a
person, the appropriate Government may confirm the detention
order and continue the detention of the person concerned for such
period as it thinks fit.
(2) In any case where the Advisory Board has reported that there
is, in its opinion, no sufficient cause for the detention of a person,
the appropriate Government shall revoke the detention order and
cause the person concerned to be released forthwith.
Action upon
the report of
the Advisory
Board
13. The maximum period for which any person may be detained in
pursuance of any detention order which has been confirmed under
section 12 shall be twelve months from the date of detention:
Provided that nothing contained in this section shall affect the
power of the appropriate Govern ment to revoke or modify the
detention order at any earlier time.
Maximum
period of
detention
14. (1) Without prejudice to the pr ovisions of section 21 of the
Revocation
7
10 of 1897 General Clauses Act, 1897, a deten tion order may, at any time, be
revoked or modified,-
(a) notwithstanding that the order has been made by an
officer mentioned in sub-section (3) of section 3, by the State
Government to which that offi cer is subordinate or by the
Central Government;
(b) notwithstanding that the order has been made by a
State Government, by the Central Government.
(2) The revocation or expiry of a detention order shall not bar
the making of a fresh detention order under section 3 against the
same person in any case where fresh facts have arisen after the date
of revocation or expiry on which the Central Government or a State
Government or an officer mentioned in sub-section (3) of section 3,
as the case may be, is satisfied that such an order should be made.
of
detention
orders
Temporary
release of
persons
detained.
15. (1) The appropriate Government may, at any time, direct that
any person detained in pursuance of a detention order may be
released for any specified period either without conditions or upon
such conditions specified in the direction as that person accepts,
and may, at any time, cancel his release.
(2) In directing the release of any person under sub-section (1),
the appropriate Government may require him to enter into a bond
with or without sureties for the due observance of the conditions
specified in the direction.
(3) Any person released under sub-section (1) shall surrender
himself at the time and place, and to the authority, specified in the
order directing his release or cancelling his release, as the case may
be.
(4) If any person fails without sufficient cause to surrender
himself in the manner specified in sub-section (3), he shall be
punishable with imprisonment for a term which may extend to two
years, or with fine, or with both.
(5) If any person released under sub-section (1) fails to fulfil any
of the conditions imposed upon him under the said sub-section or
in the bond entered into by him, the bond shall be declared to be
forfeited and any person bound thereby shall be liable to pay the
penalty thereof.
Protection
of action
16. No suit or other legal proceeding shall lie against the Central
Government or a State Government , and no suit , prosecution or
8
taken in
good faith.
Government or a State Governme nt, and no suit, prosecution or
other legal proceeding shall lie against any person, for anything in
good faith done or intended to be done in pursuance of this Act.
Act not to
have effect
with respect
to
detentions
under State
laws.
17. (1) Nothing in this Act shall apply or have any effect with
respect to orders of detention, made under any State law, which
are in force immediately before the commencement of the National
Security Ordinance, 1980, and accord ingly every person in respect
of whom an order of detention made under any State law is in force
immediately before such commen cement, shall be governed with
respect to such detention by the provisions of such State law or
where the State law under which such order of detention is made is
an Ordinance (hereinafter referred to as the State Ordinance)
promulgated by the Governor of th at State and the State Ordinance
has been replaced-
(i) before such commencement, by an enactment passed by
the Legislature of that State, by such enactment; or
(ii) after such commencement, by an enactment which
is passed by the Legislature of that State and the application
of which is confined to orders of detention made before such
commencement under the State Ordinance, by such
enactment.
as if this Act had not been enacted.
(2) Nothing in this section shall be deemed to bar the making
under section 3, of a detention orde r against any person referred to
in sub-section (1) after the deten tion order in force in respect of
him as aforesaid immediately before the commencement of the
National Security Ordinance, 1980 ceases to have effect for any
reason whatsoever.
Explanation.- For the purposes of this section, "State law" means
any law providing for preventive de tention on all or any of the
grounds on which an order of deten tion may be made sub-section
(2) of section 3 and in force in any State immediately before the
commencement of the said Ordinance.
11 of 1980
11 of 1980
11 of 1980
18. (1) The National Security Ordinance, 1980, is hereby repealed.
(2) Notwithstanding such re peal, anything done or any action
taken under the said Ordinance shall be deemed to have been done
or taken under the corresponding provisi ons of this Act, as if this
Act had come into force on the 23rd day of September, 1980, and,
in particular, any reference ma de under section 10 of the said
Ordinance and pending before a ny Advisory Board immediately
before the date on which this Act receives the assent of the
President may continue to be dea lt with by that Board after that
Repeal
and
saving.
9
date as if such Board had been constituted under section 9 of this
Act.
R.V.S. PERI SASTRI
Secy. to the Govt. of India
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