THE NATIONAL SECURITY GUARD ACT, 1986
[Act, No. 47 of 1986]
[22nd September, 1986]
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 1. 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 2. 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-Ill;
(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, 1894, 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;
(l) "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 arrest or confinement of a member of the SecurityGuard 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 3. 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 4. 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 5. 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 6. 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 7. 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 8. Tenure of service under the Act
Every person subject to this Act shall hold office during the pleasure of the President.
Section 9. 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
(c) the full period of his service in the Security Guard.
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 bonafide 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) of this sub-section, the decision of the Central Government thereon shall be final.
(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.