The JAMMU AND KASHMIR SPECIAL SECURITY GROUP ACT, 2000

SPECIAL SECURITY GROUP
ACT, 2000
(Act No. VI of 2000)

THE JAMMU AND KASHMIR SPECIAL SECURITY GROUP
ACT, 2000
(Act No. VI of 2000)
CONTENTS
SECTION.
1. Short title, extent and commencement.
2. Definitions.
3.  Members subject to this Act.
4. Constitution of the Group.
5. Control Direction etc.
6. Liability of Service in any part of the Union territory of Jammu and
Kashmir and elsewhere.
7. Members of the Group always on active duty.
8. Resignation and withdrawal from the post.
9. Tenure of service.
10. Restrictions respecting right to form associations, freedom of speech etc.
11. Termination of service.
12. Appeal.
13. Powers and duties conferrable on members of the Group
14. Assistance to Group.
15. Protection of action taken under this Act.
16. Power to make rules.
———
SPECIAL SECURITY GROUP ACT, 2000. 203
THE JAMMU AND KASHMIR SPECIAL SECURITY
GROUP ACT, 2000
(Act No. VI of 2000)
[Received the assent of the Governor on 11th April, 2000 and
published in Government Gazette dated 18th April, 2000.]
An Act to provide for the constitution and regulation of a separate
security force in 1[the Union territory of Jammu and Kashmir] for
providing proximate security to the Chief Minister, Members of his
immediate family and matters connected therewith.
Be it enacted by the Jammu and Kashmir State Legislature in the
Fifty-first Year of the Republic of India as follows :—
1. Short title and commencement. —(1) This Act may be called the
Jammu and Kashmir Special Security Group Act, 2000.
(2) It shall come into force at once.
2. Definitions.— In this Act, unless the context otherwise requires,—
(a) “active duty” in relation to a member of the Group means any
duty as such member during the period when he is posted to
physically protect the Chief Minister of 2[Union territory of
Jammu and Kashmir] and the members of his immediate family
or any class of persons referred to in clause (c) of sub-section
(1) of section 4, wherever he or they may be ;
(b) “Director” means the Director of the Group appointed under
sub-section (1) of section 5 ;
(c) “Government” means the Government of 2[Union territory of
Jammu and Kashmir] ;
(d) “Group” means the Jammu and Kashmir Special Security
Group constituted under section 4 ;
(e) “member of the Group” means a person who has been
appointed to the Group by the prescribed authority ;
SPECIAL SECURITY GROUP ACT, 2000. 205
1. Substituted by S.O. 1229(E) dated 31.03.2020 for “the State of Jammu and Kashmir”.
2. Substituted for “Jammu and Kashmir” ibid.
206 SPECIAL SECURITY GROUP ACT, 2000
(f) “member of the immediate family” means-wife, husband,
children and parents ;
(g) “Proximate Security” means protection provided from close
quarters, during journey by road, rail, aircraft, watercraft or on
foot or any other means of transport and shall include the
places of functions, engagements, residence or halt and shall
comprise ring round teams, isolation cordons, the sterile zone
around, convoy security and the rostrum and access control to
the person or members of his immediate family ;
(h) All words and expressions used and not defined in this Act but
defined in the 1[Indian Penal Code (45 of 1860)] shall have the
meanings respectively assigned to them in that Code.
3. Members subject to this Act.— Every member of the Group shall
be subject to this Act, wherever he may be.
4. Constitution of the Group. —(1) There shall be a separate force
in the 2[Union territory of Jammu and Kashmir] called the Jammu and
Kashmir Special Security Group for providing proximate security to :––
(a) the Chief Minister of Jammu and Kashmir;
(b) the members of immediate family of the Chief Minister;
3[x x x x] :
Provided that any member or members of the immediate family of
the Chief Minister *[or any such person or class of persons covered under
clauses (b) and (c)] may decline such proximate security.
(2) Subject to the provisions of this Act, the Group shall be
constituted in such manner as may be prescribed and the terms and
conditions of service of the members of the Group shall be such as may
be prescribed.
(3) Notwithstanding anything contained in this section, any person
or any member of any other Police Force of 2[Union territory of Jammu
and Kashmir] may be appointed to the Group by the Government, by ageneral or special order, and for such period as may be specified in such
1. Substituted by S.O. 1229(E) dated 31.03.2020 for “Jammu and Kashmir State Ranbir penal Code”.
2. Substituted for “the State of Jammu and Kashmir” ibid.
3. Clause (c) omitted ibid.
* In view of the deletion of clause (c), the words within brackets need to be read also to be deleted.
SPECIAL SECURITY GROUP ACT, 2000 207
order and the person so appointed shall, during the period of his
appointment, be deemed to be a member of the Group, and the provisions
of this Act shall, so far as may be, apply to such person or member.
5. Control Direction etc. ––(1) The general superintendence, direction
and control of the Group shall vest in, and be exercised by, the
Government and subject thereto and to the provisions of the Act and rules,
the command and supervision of the Group shall vest in an officer to be
appointed by the Government as the Director of the Group :
Provided that the Government may, by general or special order,
delegate all  or any of these powers under this sub-section to such an
officer or authority as may be specified in such order.
(2) The Director shall in the discharge of his duties under this Act,
be assisted by such number of Joint Directors, Deputy Directors, Assistant
Directors and other officers as may be appointed by the Government.
(3) The scale and level of proximate security shall be such as may
be determined by the Director.
6. Liability of Service in any part of the 1[Union territory of Jammu
and Kashmir] and elsewhere.— Every member of the Group shall be
liable to serve in any part of the 1[Union territory of Jammu and Kashmir]
of Jammu and Kashmir or in any other part of India.
7. Members of the Group always on active duty.— Every member of
the Group not on leave or under suspension, shall, for all purposes of this
Act, be always on active duty and may at any time be employed or
deployed in any manner which is consistent with the duties and
responsibilities of the Group under this Act.
8. Resignation and withdrawal from the post.— No member of the
Group 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.
1. Substituted by S.O. 1229(E) dated 31.03.2020 for “the State”.
208 SPECIAL SECURITY GROUP ACT, 2000
9. Tenure of service.— Every member of the Group shall hold office
during the pleasure of the Governor.
10. Restrictions respecting right to form associations, freedom of
speech etc. —(1) No member of the Group shall, without the previous
sanction in writing of the 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 organization that 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.
Explanation.—If any question arises as to whether any society, institution,
association or organization is of purely social, recreational
or religious nature under clause (b) or whether any book,
letter or document is a communication or publication in
the bona-fide discharge of his duties or is of a purely
literary, artistic or scientific character or is of a prescribed
nature under clause (c), the decision of the Government
thereon shall be final.
(2) No member of the Group shall participate in, or address, any
meeting or take part in any demonstration organized by any body of
persons for any political purposes or for such other purposes as may be
prescribed.
11. Termination of service.— The prescribed authority may,
by order in writing, terminate the appointment of any member of
the Group in the public interest and such termination shall be deemed to
be discharge simpliciter and shall not amount to dismissal or removal.
SPECIAL SECURITY GROUP ACT, 2000 209
12. Appeal. —(1) Any member of the Group aggrieved by an order
under section 11 may, within thirty days from the date of such order,
prefer an appeal to a Board to be constituted by the Government.
(2) The Board shall consist of such persons as may be prescribed.
(3) The decision of the Board shall be final and shall not be called
in question in any court or tribunal.
(4) The Board shall have power to regulate its own procedure.
13. Powers and duties conferrable on members of the Group.— The
Government may, by general or special order published in the Government
Gazette, direct that, subject to such conditions and limitations as may be
specified in that order, any member of the Group may exercise or
discharge such powers or duties as may be specified in the said order for
giving effect to the provisions of this Act.
14. Assistance to Group.— It shall be the duty of every Department
in the Government and every local or other authority to act in aid of the
Director or any member of the Group whenever called upon to do so in
furtherance of the duties and responsibilities assigned to such Director or
Member.
15. Protection of action taken under this Act.— No suit, prosecution
or other legal proceeding shall lie against the Group or any member
thereof on whom powers have been conferred or duties have been imposed
under this Act or any order issued or any rule made thereunder for
anything which is in good faith done or omitted to be done in pursuance
of this Act or any order issued or any rule made thereunder or any order
issued under any such rule.
16. Power to make rules. —(1) The Government may, by notification
in the *[Government Gazette], make rules for carrying out the purposes 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 :—
* Now Official Gazette.
210 SPECIAL SECURITY GROUP ACT, 2000
(a) the manner in which the Group shall be constituted and the
terms and conditions of service of its members under sub-
section (2) of section 4 ;
(b) the authorities to be prescribed under section 8, sub-section (1)
of section 10 and section 11 ;
(c) the nature of the communication of publication under clause
(c) of sub-section (1) of section 10 ;
(d) the purposes, other than political purposes, for which a person
subject to this Act shall not participate in, or address, any
meeting or take part in any demonstration under sub-section
(2) of section 10 ;
(e) the persons who shall be members of the Board under sub-
section (2) of section 12 ;
(f) any other matter which is required to be, or may be, prescribed.
(3) Every rule made or notification issued under this Act shall be
laid, as soon as may be, after it is made, before 1[the Legislative Assembly
of the Union territory of Jammu and Kashmir] while it is in session for a
total period of thirty days which may be comprised in one session or two
or more successive sessions, and if, before the expiry of the session
immediately following the session or the successive sessions aforesaid,
2[the Legislative Assembly agrees] in making any modification in the rule
or 2[the Legislative Assembly agrees] that the rule should not be made, the
rule shall thereafter have effect 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.
————
1. Substituted by S.O. 1229(E) dated 31.03.2020 for “each House of the State Legislature”.
2. Substituted for “both Houses agree” ibid.

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