The JAMMU AND KASHMIR GOVERNOR’S SPECIAL SECURITY FORCE ACT, 2018

GOVERNOR’S SPECIAL SECURITY
FORCE ACT, 2018
(Governor Act No. XLII of 2018)
GOVERNOR’S SPECIAL SECURITY FORCE ACT, 2018 413
THE JAMMU AND KASHMIR GOVERNOR’S SPECIAL
SECURITY FORCE ACT, 2018
(Governor Act No. XLII of 2018)
CONTENTS
1. Short title and commencement.
2. Definitions.
3. Members subject to the Act.
4. Constitution of the Force.
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 Force 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 Force.
14. Assistance to Force.
15. Protection of action taken under the Act.
16. Power to make rules.
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THE JAMMU AND KASHMIR GOVERNOR’S SPECIAL
SECURITY FORCE ACT, 2018
(Governor Act No. XLII of 2018)
[Received the assent of the Governor on 13th December, 2018 and
published in Governmebt Gazette dated 13th December, 2018].
Enacted by the Governor in the Sixty-ninth Year of the Republic of India.
An Act to provide for the constitution and regulation of a separate
security force in the 1[Union territory of Jammu and Kashmir] for providing
proximate security to the 2[Lieutenant Governor], members of his immediate
family and for matters connected therewith or incidental thereto.
In exercise of the powers vested under Proclamation P-1/18 of 2018
dated 20th of June, 2018 the Governor is pleased to enact as follows :––
1. Short title and commencement.––(1) This Act may be called the
3[Lieutenant Governor of the Union territory of Jammu and Kashmir] Special
Security Force Act, 2018.
(2) It shall come into force on such date, as the *[State Government] may,
by notification in the **[Government Gazette], appoint and different dates may
be notified for coming into force of  different provisions of the Act.
2. Definitions.––In this Act, unless the context otherwise requires,––
(a) “Act” means the 3[Lieutenant Governor of the Union territory of
Jammu and Kashmir] Special Security Force Act, 2018 ;
(b) “Active duty” in relation to a Member of the Force means any duty
as such member during the period when he is posted to physically
protect the 3[Lieutenant Governor of the Union territory of Jammu
and Kashmir] and the Members of his immediate family, wherever
he or they may be ;
(c) “Director” means the Director of the Force appointed under
sub-section (1) of section 5 ;
1. Substituted by S.O. 1229 (E) dated 31.03.2020 for “State”.
2. Substituted ibid for “Governor”.
3. Substituted ibid for “Jammu and Kashmir Governor’s”.
* Now “Government of the Union territory of Jammu and Kashmir”.
* * Now “Official Gazette”.
416 GOVERNOR’S SPECIAL SECURITY FORCE ACT, 2018
(d) “Force” means the 1[Lieutenant Governor of the Union territory of
Jammu and Kashmir] Special Security Force constituted under
section 4 ;
2[(e) “Government” means the Government of the Union territory of
Jammu and Kashmir] ;
(f) “Member of the Force” means a person, who has been appointed
to the Force by the prescribed authority ;
(g) “Member of the immediate family” means wife, husband, children
and parents ;
(h) “Prescribed” means prescribed by rules made under the Act ;
(i) “Prescribed Authority” means an authority notified by the
Government in an Official Gazette ;
(j) “Proximate Security” means protection provided from close quarters,
during journey by road, rail, aircraft, watercraft 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 ;
All words and expression used and not defined in the Act but defined in
the 3[Indian Penal Code (45 of 1860)] shall have the meanings respectively
assigned to them in that Code.
3. Members subject to the Act.–– Every member of the Force wherever he
may be, shall be subject to the provisions of the Act.
4. Constitution of the Force. ––(1) There shall be a separate force in the
4[Union territory of Jammu and Kashmir] called the 1[Lieutenant Governor of
the Union territory of Jammu and Kashmir] Special Security Force, for providing
proximate security to––
1. Substituted by S.O. 1229 (E) dated 31.03.2020 for “Jammu and Kashmir Governor’s”.
2. Substituted ibid.
3. Substituted ibid for “Jammu and Kashmir State Ranbir Penal Code”.
4. Construed by S.O. 3912 (E) dated 30.10.2019 for “State of Jammu and Kashmir”.
GOVERNOR’S SPECIAL SECURITY FORCE ACT, 2018 417
(a) the 1[Lieutenant Governor] of Jammu and Kashmir ;
(b) the members of immediate family of the 1[Lieutenant Governor] :
Provided that any member or members of the immediate family of the
Governor or any such person or class of persons covered under clause (b) may
decline such proximate security.
(2) Subject to the provisions of this Act, the Force shall be constituted in
such manner as may be prescribed and the terms and conditions of service of
the members of the Force shall be such as may be prescribed :
Provided that selection of all members of the Force shall be made with
the prior concurrence of the 1[Lieutenant Governor].
(3) Notwithstanding anything contained in this section, any person or
any member of any other Police Force of the 2[Union territory of Jammu and
Kashmir] may be appointed to the Force by the Government, by a general or
special order, and for such period as may be specified in such order and the
person so appointed shall, during the period of this appointment, be deemed
to be a member of the Force  and the provisions of this Act shall, as far as may
be, apply to such person or member.
5. Control Direction etc. ––(1) The general superintendence, direction
and control of the Force 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 Force shall vest in an officer, to be appointed by the
Government, with the prior concurrence of the 1[Lieutenant Governor] as the
Director of the Force :
Provided that the Government may, by general or special order, delegate
all or any of these powers under this sub-section to such officer or authority
as may be specified in such order.
(2) The Director shall, in the discharge of his duties under this Act, be
assigned such number of Joint Directors, Deputy Directors, Assistant Directors
and other officers as may be appointed by the Government with the prior
concurrence of the 1[Lieutenant Governor].
1. Substituted by S.O. 1229 (E) dated 31.03.2020 for “Governor”.
2. Construed by S.O. 3912 (E) dated 30.10.2019.
418 GOVERNOR’S SPECIAL SECURITY FORCE ACT, 2018
(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 Force shall while discharging
duties under this Act be liable to serve in any part of the 2[Union territory of
Jammu and Kashmir] or in any part of India.
7. Members of the Force always on active duty.–– Every member of the
Force, not on leave or under suspension, shall, for the 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 Force
under this Act.
8.  Resignation and withdrawal from the post.–– No member of the
Force shall be at liberty,––
(a) to resign his appointment during the term of his engagement, except
serving one month’s prior notice to the Government ; 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.
9. Tenure of service.–– Every member of the Force shall hold office during
the pleasure of the 3[Lieutenant Governor].
10.  Restrictions respecting right to form associations, freedom of speech,
etc. ––(1) No member of the Force 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 or 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
1. Substituted by S.O. 1229 (E) dated 31.03.2020 for “State”.
2. Construed by S.O. 3912 (E) dated 30.10.2019.
3. Substituted by S.O. 1229 (E) dated 31.03.2020 for “Governor”.
GOVERNOR’S SPECIAL SECURITY FORCE ACT, 2018 419
(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 Force shall participate in or address any meeting or
take part in any demonstration organized by any body of persons for any
political purpose or for such other purposes as may be prescribed.
11. Termination of service.–– The prescribed authority or the 1[Lieutenant
Governor], may by order in writing, terminate the appointment of any member
of the Force in the public interest and such termination shall be deemed to be
discharge simpliciter and shall not amount to dismissal or removal.
12. Appeal. ––(1)  Any member of the Force 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 the power to regulate its own procedure.
13. Powers and duties conferrable on members of the Force.–– 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 Force 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.
1. Substituted by S.O. 1229 (E) dated 31.03.2020 for “Governor”.
420 GOVERNOR’S SPECIAL SECURITY FORCE ACT, 2018
14. Assistance to Force.–– 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 Force 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 the Act.–– No suit, prosecution or
other legal proceeding shall lie against the Force 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,
except without the  previous sanction of the Government.
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
forgoing power, such rules may provide for all or any of the following
matters, namely :––
(a) the manner in which the Force 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 or publication under clause (c) of
sub-section (1) of section 10 ;
(d) the purposes, other than political purposes, for which a person
subject to the 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.
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* Now Official Gazette.

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