 bill no 66 of 1987 the national security (amendment) bill, 1987 a billfurther to amend the nc&t1ioncdsecurity act, 1980, m its application to the state of punjab and the union territory of chaftdigarh be it enacted by parliament in the thirty-eighth year of the republic (if india as follows:-1 (1) this act may he call~d the national security (amendment) short act, 1987 lille and commen~-e­ment 5 (2) it shall be deemed to have come into force on the 9th day of june, 1987 amendment of act 65 of 1980 in 2 the national security act 1980 (hereinafter referred to as the principal act) shall, in its appli~ation to the state of punjab and the union territory of chandigarh, have effect subject to the amendments i specified in section 3 o  ilf; application to punjab and chandlaam 3 in the principal act, after section 14, the followiilj section shan ht inserted, namely:-1l1set tion of new iicction 14a '14a (1) notwithstanding anything contained in the foregoing provisions of this act, or in any judgment, decree or order of any court or other authority, any person in respect of whom an order of 5 detention has been made under this act at any time before the 8th day of june, 1988 may be detained without obtaining the opinion of the advisory board for a period longer than three months, but not exceeding six months, from the date of his detention where such person had been detained with a view to preventing him from aet- 10 ing, in any disturbed area, in any manner prejudicial to-(a) the defence of india; or (b) the security of india; or (c) the security of the state; or (d) the maintenance of public order; or is circumstances ill which persods may be detained for periods loqer than three months without obtaining the opinion of advilo1'y boards (e) the maintenance of supplies and services essential to the community explanation 1-the provisions of the exp14nati<m to sub-section (2) of section 3 shall apply for the purposes of this sub-section as they apply for the purposes of that sub-section 20 exp141141tion 2-ln this sub-section, "disturbed area" means any area which is for the time being declared by notification under section 3 of the punjab disturbed areas act, 1983, or under section 3 of the chandigarh disturbed areas act, 1983, to be a disturbed area 32 of 1983 33 of 19113 (2) in the case of any person to whom sub-section (1) applies, 25 sections ~, 8 and 10 to 14 shall have effect &ubject to the following modifications, namely:-(a) in section 3,-(i) in sub-section (4), in the proviso,-(a) for the words "ten days", the words "fifteen 30 days" shall be substituted; (b) for the words "fifteen days", the words "twenty days" shall be substituted; , (ii) in sub--section (5), for the words "seven days", the words "fifteen days" shall be substituted; is (b) in section 8, in sub-section (1), for the words "ten days", the words "fifteen days" shall be substituted; (c) in section 10, for the words "shall, within three weeks", the words "shall, within four months and two weeks" shall be subitituted;  -1:') lok sabha corrigenda(to be/as introd jced in lo·~ s abha) read "the national security act 1980" ie!: "(65 cf 1985)" ~ "(65 of 1980)" rue natialal seajrity (amendment) bill 1987 3 page 5 line 3,-1 page 1 line 18 in the marginal citation,-i2£ "3 of 1987" ~ "ord 3 of 1987" 2 page 5 line 2,-"me national securi1y (amendment) act, 1985" (d) in ection 11,-(i) in sub-section (1), for the words "seven weeks", the words "five months and three weeks" shall be substituted; s (ii) in sub-section (2), for the words "detention of the person concerned", the words "continued detention of the , person con~erned" shall be substituted; ·(e) in section 12 for the words "for the detention", at both the places where they occur, the words "for t~ continued detention" shall be substituted; 10 (1) in oection 13, for the words "twelve months", the words "two years" shall be substituted; (g) in section 14, in the proviso to sub-section (2), for the words "twelve months", the words "two years" shall be substituted' 24 of 1984 15 4 the national security (amendment) act, 1984, section 4' of the repeals 60 of 1984 national security (second amendment) act, 1984 and the national 23 of 1985 security <amendment) act, 1985 are hereby repealed 3 of 1987 5 (1) the national security hereby repealed (amendment) ordinance, 1987, is repeah and 20 (2) notwithstanding such repeal, anything done or any action taken under the principal act as amended by the said ordinance, shall be deemed to have been done or taken under the principal act, as amended by this act during the last few months, the activities of the extremist and terrorist elements in the state of punjab and the union territory of chandigarh have been a matter of serious concern these elements indulged in violent activities and terrorist methods, including tl:j'eats to persons involved in the investigation and prosecution of cases although the entire state of punjab and the whole of the union territory of chandigarh had been declared as "disturbed areas" under the relevant ·disturbed areas act, there had been no improvement in the effective prevention of these activities whle the deteriorating law and order situation had necessitated the imposition of the president's rule in the state of punjab, further strong action was found necessary to prevent the terrorists from indulging in activities prejudicial to the secunty of the state and the maintenance of public order the state government had also requested the taking of suitable measures to enable it to take preventive action accordingly, the president prom\llgated on the 9th june, 1987 the national security (amendment) ordinance, 1987 to provide for certain modiflcations in the application of the national security act, 1980 to the state of punjab and the union territory of chandigarh 2 the ordinance provided for the following, among other things, namely:-(a) to inc,rease from 10 days to 15 days the maximum period within which grounds of detention may, in exceptional circumstances, be communicated to the detenu and to increase from 15 days to 20 days up to which the orders made by the officers referred to in subsection (1) of section ,3 of the act shall remain in force without the approval of the state government; (b) to provide in certain cases for detention of persons without obtaining the opinion of the advisory board for a period of more than three months but not exceeding six: months from the date at treir detention and to provide also in such cases for a longer maximum period of detention; and (c) to make the necessary consequential amendments in the act 3 the 8ui seeks tc! repl,ee the aforeaid ordinance buta singh new delhi; the 22nd july 1987 |        |     ||-----------|--------||        |        ||        |        ||        |        || 3        | (1)    || -         |        ||        |        ||        |        || -         |        || -         |        || power     |        || to        |        || make      |        || order    |        || detaininl |        || certain   |        || persont5 |        |(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 ground~ on vrhich 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 late  than ten days from the date of detention, this sub-section shall apply subject to the modification 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 government shall, within seven days, report the fact to the central government together with the grounds on which the order has been made and such other particulars as, in the opinion of the state government, have a bearing on the necessity for the order     -  grounds of order of detention to be disclosed to per-8 (1) when a personis detained in pursuance of a detention order, the authority making the order shall, as soon as may be, but ordinarily dot 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 anei shall ajford him the' rliest opportunity of making  a repntsentation against the order to the appropriate government "   -    sods affected by the order reierence to adivisory 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, within three weeks from the date of detention of a person under the order, place before the advisory board constituted by it under section 9, the grounds on which the order has been made and the representation, 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 the report by such officer under subsection (4) of that section proe duro of advisory boalds 11 (1) the advisory board shall, after considering the material placed before it and, after calling for 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 f~om 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 ~port to the appropriate government wj!hin 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 advisory board as to whether or not there is sufficient cause for the detention of the p,erson concerned  - - - - - 12 (1) in any case where the advisory board lias reported: that there is, in its opinion, sufficient 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 aclion upon the repm10f iho advisory board (2) in any case where the advisory board has reported that there is, in its opinion, no suftlcient cause for the detention of a person, the appropriate government shall revoke the detention order and cause the person concerned to be released forthwith muimum period of dell:ntion 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 government to revoke or modify the detention order at any earlier time 14 (1)                                                                                                                                           -                                                                            revoca-tion of del·ention orders    (2) the expiry or revocation of a detention order (hereafter in this sub-section referred to as the earlier detention order) shall not [whether such earlier det~ntion order has been made before or after the com-mencement of the national ~curity (second amendment) act, 1984] bar the making of another detention order (hereafter in this sub-sertion referred to as the subsequent detention or~er) l,1l1der 8ection 3 against the same person:                                           i                                             ,     provided that in a case where no fresh facts have arisen afte,r the expiry or revocation of the earlier detention order made against such person, the maximum period for which such person may be detftined in pursuance of the subsequent detention order shall, in no case extend                                                                                                        , beyond the expiry of a period of twelve months from tb:e date of deten-tion under the earlier detention order ~  a billfurther to amend the national security act, 1980, in its application to the state of punjab and the union territory of chandigarh (shti buta singh, minister oj home affaits) 