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SPECIAL PROTECTION GROUP ACT

Ministry of Law and Justice

Act nº 34 of 1988


  • Amending Acts
  • Act nº 34 of 1988

Preamble

THE SPECIAL PROTECTION GROUP ACT, 1988

[Act, No. 34 of 1988]

[2nd June, 1988]

PREAMBLE

An Act to provide for the constitution and regulation of an armed force of the Union for providing proximate security to be Prime Minister of India and the1[former Prime Ministers of India and members of their families] and for matters connected therewith.

BE it enacted by Parliament in the Thirty-ninth Year of the Republic of India as follows :--

1. Substituted for the words "members of his immediate family" by Special Protection Group (Amdt.) Act (48 of 1991), S. 2(25-9-1991).


Section 1. Short title and commencement

(1)This Act may be called the Special Protection Group Act, 1988.

(2)It shall come into force on such date1 asthe Central Government may, by notification in the Official Gazette, appoint.

1.1-8-88.


Section 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 Prime Minister of India and the members of1[his immediate family or former Prime Minister and the members of his immediate family], wherever he or they may be;

(b) "Director" means the Director of the Group appointed under sub-section (1) of Section 5;

(c) "Group" means the Special Protection Group constituted under section 4;

(d) "member of the Group" means a person who has been appointed to the Group by the prescribed authority whether before or after the commencement of this Act;

(e) "members of immediate family" means wife, husband, children and parents;

(f) "prescribed" means prescribed by rules made under this Act;

(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 include the places of functions, engagements, residence or halt and shall comprise ring round teams, isolation cordons, the sterile zone around, 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 Indian Penal Code shall have the meanings respectively assigned to them in that Code.

1. Substituted for the words "his immediate family" by Special Protection Group (Amdt.) Act (48 of 1991), S. 3 (25-9-91).


Section 3. Members subject to this Act

Every member of the Group shall be subject to this Act, whenever he may be.

Section 4. Constitution of the Group

1 [(1)There shall be an armed force of the Union called the Special Protection Groupfor providing proximate security to--

(i)the Prime Minister and members of his immediate family; and

2 [(ii)any former Prime Minister or to the membersof his immediate family--

(a) for a period of one year from the date onwhich the former Prime Minister ceased to hold office and beyond one year basedon the level of threat as decided by the Central Government, so however that notmore than twelve months shallelapse between two consecutive assessments made in regard to the need forproximate security:

Provided that while deciding the level ofthreat, the Central Government shalltake into account, among otherthings, the following factors, namely:--

(A) that the threat emanates from any militantor terrorist organisation or any othersource; and

(B)that the threat is of a grave and continuing nature;

(b) ontheir visits abroad, based on entitlement to proximate security and the level ofthreat as assessed by the Central Government;]

Providedthat any former Prime Minister or any member of the immediate family of thePrime Minister or of a former Prime Minister may decline such proximatesecurity.]

(2)Subject to that provisions of this Act, the Group shall be constituted in suchmanner as may be prescribed and the terms and conditions of service of themembers of the Group shall be such as may be prescribed.

(3)Notwithstanding anything contained in this section, any person or any member ofany other armed force of the Union may be appointed to the Group by the CentralGovernment by a general or special order and for such period as may be specifiedin such order, and the person so appointed shall, during the period of hisappointment, be deemed to be a member of the Group, and the provisions of thisAct shall, so far as may be apply to such person or member.

1.Substitutedby Special Protection Group (Amdt.) Act (48 of 1991) S. 4 (25-9-91).

2.Substituted by the Special Protection Group (Amendment) Act, 2003 (20 of 2003).Prior to substitution it read as under:

"(ii)any former Prime Minister or to the members of his immediate family for a periodof [tenyears] from the date on which the former Prime Minister ceased to hold theoffice of the Prime Minister;"


Section 5. Control, direction, etc.

(1)The general superintendence, direction and control of the Group shall vest in,and be exercised by, the Central Government and subject thereto and to theprovisions of this Act and the rules, the command and supervision of the Groupshall vest in an officer to be appointed by the Central Government as theDirector of the Group.

(2)The Director shall, in the discharge of his duties under this Act, be assistedby such number of 1 [Inspectors General, Deputy Inspectors General,Assistant Inspectors General] and other officers as may be appointed by theCentral Government.

1.Substituted for "Deputy Directors, Assistant Directors, Joint AssistantDirectors" by the Special Protection Group (Amendment) Act, 2003 (20 of2003).


Section 6. Liability for service in and outside India

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

Section 7. Members of the Group always in 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.

Section 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.

Section 9. Tenure of service

Every member of the Group shall hold office during the pleasure of the President.

Section 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 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 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 organisation is of a 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 Central Government thereon shall be final.

(2) No member of the Group shall participate in, or address, any meeting or take part in any demonstration organised by any body of persons for any political or for such other purposes as may be prescribed.

Section 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.

Section 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 Central 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.

Section 13. Powers and duties conferable on members of the Group

The Central Government may, by general or special order publish in the Official 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.

Section 14. Assistance to Group

It shall be the duty of every Ministry and Department of the Central Government or the State Government or the Union territory Administration, every Indian Mission, every local or other authority or every civil or military 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.