 bill no 118 01 1185 me terrorist and dlsruptjve activit1es (prevention) bill, 1985 a hillto 17uike spec1ill provisions for the prevention of and for coping with terrorf8t and disruptt1'e adi~b and for matt~3 cormedted there with or inctdentol thereto be it enacted by parliament in the l'hlrty-sixtb year of &be republic gf india as follows:- part 1 - paellmina\{y5 1 (1) this act idjy be cafied the terrorist and disruptive activities (prevention) aci, 191(5 - (2) it extends to the whole of india, and it ·applies al!fo-(0) to citizens of india outside india: 10 (b) to personc; in the service of the government, wherever ·they may be; and short title extent, applica_ lion, commence ment duration and savin,s  (e) to persons on ships and aircraft registered in inclia wherever tbey  may be: provided that ~o much of this act as relates to terrorist acts shall not apply to the state of jammu :lnd kashmir '5 (3) it shall come into forqc on such date as the central govol1ddoll1' may, by notjfication in the official gazctjte, appoint and shall remain in force for a period  of two years from the date of its oommencement, but its expiry under the opera riod of this stjbsection shall not aff~  20  (a) the provious operation of, or anything dujy done or suffered under, thi'l act or any rule mede thereunder "'r any order made under any such rule,or (b) any risht, privilege, obligation or liability acquired, accrued or incurred under itibis act or any rule made thereunder or any order made under any such ~, or , (c) any penalty, forfeiture or punisbinent incurred in respect of any offence under this act or any contravention of any rule made under this 5 act or of any order made under any suoh rule, or (d) any investigation, jegalproceeding or remedy in respect of any such right, privilege, obligation, liability penalty, forfeiture or punishment as aforesaid,  and any such· investigation,' legal proceeding' or 'remedy may be' instituted, con- 10 tinued or enfon:ed and any such penalty,  forleitllre or punishment may be imposed as if this act bad not! expired z (1) in this act, unless the context otherwise requires,-de8di dons (a) '~" means the code of criminal procedure, 1973; 20f 1974 (b) "designated court" means a designated court constituted under '5 section 7; (c) "dismptive activity' has the meaning assigned to it 'in sectiion 4, and the expression "disruptionist" shall be 't'ioll'itrued a~ingly; " , " (d) "h~b court"', in relation to a designated court, means the high i court wihin the- territorial limits of whose jurisdiction such designated court '~o is proposed to be, or is, com1ituted; (e) , public prosecutor" means a public prosecutor or an additional public prosocutor or a special public prosecutor appointed under section ii, ' ,and includes any person acting ullder the directions of the, public ~tor; - j •• - (f> ''terrorist act" has the meaning assigned to i~ in sub-section (j) 25 of section 3 and the expression "terrorist" shall· be- construed accordingly: ' (g) words iu1:d expressions used but not defined: in this aot and ddlned in the code- shaii have the meanings respectively assigned to them in the code - ' (2) any reference in tbls act to any enactment or any provision thereof 30 shall, in relation to an area in which such enactment or such provision is not in foroe, be construed as a referem:e to the corre~ponding law or the relevant  provision of the corresp0nd4ng 1~, if any, in force in that area  part it punishments for, and measures for coping with, terrorist and disruptive activities3 (1) whoever with intent to overawe the government as by law established  ,or to strike tettqr, in the people or any section of the people or to alienate any section cf the people or to adversely affect the ~ny 8ipoogst plujiibment for ten'orist acta ~ffercdt &eeu0d5 of the people does any act or thing by using bombs, 40 dynajdite or ~e"plosive substances or inf1emmable substances or fire-arms ,)(" other lethal weap<ln!l or poisons or noxious gases or other chemicals or any , ' other substances (whether biological or otherwi'se) of a hazardous na~ in such am,nnoras to cause, or as is likely to cause, death of, 'or injuries to, any penon pr ,~ or damage to ,or destruction of, property 'or ~ of any supplies 45 or sorvices ~1l1 fo the nfe of the community, commits a·terrorist act (2) whoever commits a terrorist act sball,- (;) if sudt act has resulted in the deadl of any penon, be punisfwble with deatil; , (il) in any other case, be puwsbable with'imprisonment for a term 5 which shall not be lessilianfive yean but which may extend to term of life and sba1i also be liable to fine (3) whoevor coosp:res or attempts to commit, or advocates, abets, advises or ;ncites or knowingly facllitll;tes the commission of, a terrorist ,act arany ect pre-pi'j'atory to ,a terrorist act, shall be punibhable with ~sonment for a term which 10 shalnot be less than three ye;ars but whioh may exrend to term of life and shall nisobe liable to fine  punishment for diarup, tive activitioi 4~ (i) whoever commits or conspires or attempts to commit or abets, advorates, advises, incites 'if knowingly facilitates the commission of, any disruptive activity or any act preparatory to a disruptive activity shall be puriisbable wijth 15 imprisonment for a tern? which shall not be less than three yew's but which may extend to term of life and shell also be hable to fine (2) for the purposes of mb-section (1), "disruptive activity" means any action taken, whether by act or by speech or song or ballad or verse or words or by any book,pamphlet, paper, writing, record, tape video c8s1ctte, drawing, 20 painting, representation or in any other mann~ wbatsoever,- (i) which questions, disrupts or is intended to disrupt, whether directly or indireotly, the sovereignty and territoria:1 integrity af india; or (ii) which is interuted to bring about or suppotts any claim, wbetjlet directly or indiret11y, for the cession of any part of india or the secession of any part of india from the union el1planation-for the pmposes of this sub-5ection,-(a) "oession" includes d1e adn;lissiod of ilny claim of any foreign country to any part of india, and (b) "secession" iooludes tjbe assertion c:-f any claim to determine whether a paitof india will remain within the union 30 (3) willhout prejudice to itihe generality of the provisions of sub-section (2), it v: hereby declared that any action taken, ~hether by act or by speech or song or ballad or vel1'c or words or by any book, pamphlet, paper, writing, record, tape videocassett'e, drawing, painting, representation or in any other manner s5vhetsoe~ which-  < (a) advocates, advises, suggests or incites; or (b) predicts, pcophesies or pronounces or otherwise expresses, in such mannec  as to inc!te, advise, suggest or prompt, the killing or 1ihe destruction of any, persons bound by oath under the conititutiod  to unhold thesevetcignty and integrity of india ot any j!liblic servants shall be ·40 deemed to ~e a jisruptive activi,ty within the ~ing of 'this section  ' s (l) the central government m~, by notuication in tf1e 01ficia1 oazdtc, power 10 make such rules as appear to i~ neocssary or expedient for the prevention of, make  and fo[' coping with, terrorist acts and ~ve activities l'uici (2) without prejudice to the aencrality of thepowm ooufaortd by subsection (1), 1iberulcs may provide for, and may empower any authority to make orden provididl tor il'll or aay of the following matters with· mipect to the puc-~mentioned in ·that sub-section, i1'ilmely:-(0) proventing or probibjling anything likely to fadlitatje 1he oommission 5 of terrorist aots 01 disruptive edivities or prejudice thosucoenlul conduct of operations ag:lin<;t terrorists or disruptjoniets inciuding-(i) coij¥l}ufliqa~·wirh persons (whether wjulio or outside india) idstipting or abeuina terrorist a£:ts or dilnptiyc aotiwios or iliitisudg i,n aay manner terrorist& or disruptionists; 10 (ii) acquisition, possession or publication, without lawful authority or excuse of infonnatjion likely to as~lst terrorists or disruptioni&ts; <iii) ~ or any ilbii1jtance, whether financial or otherwise,  10 leltorist& or disruptionittli; (b) preventing, with a· view to coping with terror~st, ~cts or 15 ' dibruptlve activities, the spreed without lawful authority or ex-wio, ex reports or 1he ,prosecution of ,any purpose likely to cause c:usaffection or alarm or to prejudice maintenance of peaceful conditions in any area or part of india or to promote feelings of ill-will,  enmity or hatred between diilerent ~ of the peope of india; 20 (c) l'cgulating the conduct of persons in respect of areas the control of whkh is considered necessary or expedient and the removal of such persons from such areas; (<:i) requiring ~~y pel'ljon or class of persons to comply with any scheme for the prevention of, or for' coping with, terr01ist acts or:25 disruptive activities; (e) ensuring the safety of persons and property; (f) the demolition, destruction or rendering useless, in case of necessity,  of ary building or othe'r premises or anr "ther property; (r) prt'ihibitir~ or regulatjng in any area traffic and the use of any 30' vehicles or ve""  15 orsignajs or any apperatus whatsoever; (h), the control of movements within india of persons atriving in india from gutside india; (i) prohibiting or regulating the use of postal  telcaraphic ex tej phonic ~rviccs" ind~ng t~ing possession of such services, and 35 the delaymg, ,selzing mtercepting or interrupting of po:itnl articles or telegraphic ")r telephonic messages; (j) regulating the delivery, otherwise than by poatal or telegraphic service, of, postal articles and t~egrams; (k) regulatht~  supplies and ·servioes essential to the life of the 40 community;  (i) tao ~uiiit4odlng otservicec of ~ for maintaining suppueliabd st'!"vl<'es enential to the life of the community; , (m) the provllllon, constructi<?n,  maintenance or alteration of buildings, premises or' other structur or excavations required for  the conduct of operations against terrorists or disruptioijists; 5  (n) prohj biting or reguiating the possession, use or disposal of-- (i) explosives,  in1lammable substances, correstve and dangerous articles, arms and ammunitions; (ii) v~hicles- and  vessels; , (iii) wireless telegraphic apparatus; 10 (iv) photographic and signalling apparatus, of any means of recording l't communicating information; (n) pleventing the disclosure of official' secrets; (p) prohibiting or regulating meetings, assemblies, fairs and processions ; 15 (q) pj'("veuth'g or controlling any use of uniforms, ;hether official or otherwise, flags, official decorations like 'medal~ badges and other insignia and anything similar thereto, where such use is cal, culated tt) deceive; (r) ensuring the accuracy of any report or declal'lltion legally 20 required of any person; (8) preventing anything likely to cause mtsapprehenslon jn respect of the identity of any official person,oflicial docum:ent or 'official property or in respect of, the identity of any person,' document or property purported' to be or resembling an official person, official document or official property;   (t) the entry into, and search of, any place whatsoever reasonabjy suspe<'ted of being used for harbouring terrorists or cfisrup-  tionists or for manufacturing or storing anything for use for' purpose of terrorist acts or disruptive activities 30 (3) the rules made under sub:section (1) may ,further-(a) provide for the arrest and trial of persons contravening any of the rules or any order issued thereunder; (b) provide that any  «)otraveotion of, or any attempt to contravene, or any abetment of or eny attempt to abet the contravention of any ex the 35 proyirions of the rules or any orc:ler issued under any suchprovisioo; silali be punishable with imprisonment for atenn wh~h ~y extend to seven years or for a tenn which may not be less than six months but whicb may extend to seven years or with fine or willi imprisonment' as aforesaid and fine; (c) provide for the seizure, detention and forfeiture of any property in respect of whieh aoh ~ attempt or abetment as is cefcr:red to in clause (b) bas been comnbued and for the adjudication of such aei&urc' and forfeiture, whether by any court or by any other authority; (d) confer powers and impose duties as respects aj1jmatter upon the central g<mrnment or officers and a(jtborttiea of the central· govenrmeat or upou anv state government or officers and authoriti~ of the state government;'   (e) ~be the duties and pbwers of public servants and other per- 5 sods as regarcjs prevcdting the codtraveation of, ~ securing the observance of, the ruies or any order made thereunder; , (i) provide for ,preventing contravention, obstroction and deception of, add <ijsobedience to, any person acring, and interference with any notice issued, in pursuance of the rules or any omer made thereunder; 10 (g) prohibit attempts by any penon to screen from puni&hmedtany one, other th:tn the husband or wife of such person, coil'invening any of the rules or any order made 1bereunder;  (h) empower or direct any authority to1bke such action 'as may be' specified in the rules or as may seem ~o such authority necessary fot the pur- 15 pose of ensuring ~e safety of persons and of property ,  6 (1) if any person contravenes, in any area nodfied in this behalf by a state government, any such provision of, or any such rule made under, the arms act, 1959, the explosives act, 1884, the 'explosive substances act, 1908, or the inftam: s4 of 1959 mabie substances act, 1952, as may be notified in this behalf by ,the centrm 4 of 104 governmedt or by g state goverdmedt, be shab, notwithstanding anything con- 20 5 of 1908 taincd in any ~ the aforesaid acts or the rules made tbereundcr, be punishab1e 20 of 1952, with imprijonment for a term which may extend to tea yean or, if his intention is  to aid any 1emxi\t or disrupti~ with death or imprisot:uedt for' a term which 'shall dot -be less thm three years but wbkb may extend to term of life, and shall 25 also ,be liable !o fine  (2) for jte purposes of this section, any perscn who attempts to codt:ravene or abets, or attempts to abet, or does any act preparatory to the contravention of ,jl11y~on of any law, rule oronler shaube deemed to have cootravened that pr~   part iii designated courts7 (1) the state govenuneat may for the whole or any part of the state iiconstitute one or more designated courts  (2) a designated co~ shall be presided over by judge to' be 35 ,appointed by the state govemmeht with the eodeurrene~ of the chief j1istiee of the mp !com1' (3) 'l'b8 state govemment may also appoint, with the e~eurreilee of the cuef· justice of the bia'h court, addition! judges to exercise jurisdietiod in a designated court:   ,  (4) a person shall not be quatifted for appeintmeat as a judge or an 49  '8dditloaal judge of a desipated court unte he is, jmmediately before 'sikh appointment, a ilebsiods judp or an aaduional ,jobi ju4lpi~ any state   (5) for the removal of doulns, itb ~ provtclecl ftiat the attaid ~nt by  a persoii appointed  ,a judge or an additional judge of a dee!g-dated court ·of the age 01 superannuation under the rules applicable to ilia in the service to which he belongs, shad dot affect his continuance s 8ssucb' judpol' additional judee (6) where' aily additional judge' or additionai judges i!l or are appointed in a desirnated court, the judge of the designated court may, from time to tbne, by pneral or special order, in wrlting, provide for the dis  tribution of business of the designated court among himsel{ud the 10 additional judge or additional ~udges and also for the disposal of urgent business in the event of his absence or the absence of any additional ju~e 8 a designated court may, if it considers it expedient or desirable so to do, place of sitting sit for any of its prooeediogs at any place, ot-her than the ordinary phce ot its ,15 sitting, in the state in which it is constituted: provided that if the public prosecutor certifies to :the i)esignated court that it is in ·his opinion necessary for the protection of the  accused  or any witness or ~herwise expedient in the interests of jusllice that the whole or any part of the trial should be held at some place other than theordinal1y place r4 its sitting, the 20 designa~ court may, after hearing the accused make an order to that effect unless, for reasons to be recorded in writing, the designated court thinks fit to make any other order 9 (1) notwithstanding anythlngcontained in the code, every ,offence punishable under any provision of this act or any rule made jurisdiction of desienated courts 25 thereunder shall be triable only by the designated court within whose local jurisdiction it was committed (2) the centra,l government may, if satisfied on the recommendation of the state government or otherwise that it is necessary or expedient in the public interest so to do, transfer with the concurrence of the chief 30 justice of india (such concurrence to be obtained on a motion moved in that behelf by the attomey-general of i~dia) any case  pending befort" a designated court in that state to a designated court in any other state (3) where the whole or any part of the area within the local limits of the jurisdiction of a l)esjgnated court has been declared to»e, or 35 forms part of, any area which· has been declared to be a dist~'bed area under any enactment for the ti~ being in force making ,provision for   the suppr~ion of disorder and restoration and mainterylculce of public order, and the central government is of opinion whetd~r on receipt of a report received from the government of the state in~hich such court 40 is located or otherwise, that the situation prevailing in the state is not conducive to fair, impartial or speedy trial within the state, of offence's under this act or the rules made thereunder which such court is compatent to try, the central government m~y, with the concurrence of the chief justice of india, specify, by nowlcation in the oftlclal guette, in relation to such court (hereafter in this aub-8ection refenoed to ash local court) a designated court outside the state (hereafter in thib section referred to 1m the specified court), and tbereupon-5 (a) it shall not be competent, at ~y time during the t¥iod of operation of such notification, for such local court, to exercise any' jurisdiction jn respect of, or try, any offence under this act or the rules thereunder; , , ,10 (b) the jurisdiction' which would have been_ but for the issue of such notification,' exercisable by such local c'ourt in respect ot such offences conunitted during the period of operation of such notification shall be exercisable by' the specified court; , (e) all cases relating to such offences pending immediately before the date of issue of such notification before such local court 15 shall stand transferred on that date to the pecified court; (d) all cues taken cognizance of by or transferred to, the specified court under clause (b) or clause (c) shall be dealt with and tried in accordance' with this act (wh~er during the period 20 of operation of such notification or thereafter) as if such oft'ences had been committed within the local limits of the jurisdiction of the specified court or, as the case may be, transferred for trial to it 'under sub-section (2)  erplcmation-a notification islmed under this section in relation to , any local court shall cease to operate on the date on' which the "thole 25 or, as the case may be; the aforementioned 'part of the area within tlie local limits of its jurisdiction, ceases to be a disturbed area 10 (1) when trymg any offellc;!1i d~signaled court may i1lso try any  'ither offence witi'! which the accused may under the code be cha'rged at the -  ' 30 same trial of the nt'fclice is connected with such other offence  (2) if, in the col'lse of any trial under this act of any offence, it is found l!bat tbe accused pcrsofl h::~ committed any other offence' under this act or any rule power of designated courts with respect to other offences " thereunder or under any other i'aw the desipated court may convict such person ~ ,'1'  other offence rnd ,pass any ~ence authoriled by this act or such rule e8  35 ) 'l'iiase dlay he !lluich other law, fontre punishment" thereof 'et~ every de~ated court, the state government shad ap-public proaecutors _,  _:~o be the public prosecutor and may ~t one 01' mere e additional public prosecutor lor additional public 40 provided that  he state government may also  poidt few any cue or elass of eases a s~cial pub,ic ~oseeutor \ (~,a("ptiinod;  1i> be'eltpble to be a  ointed· as a public prosecuter or ad addjt~l public prosecutor er a special public prosecutor under thill section only if he has been in practice as an advocate for not less than ljevell years or·has held any, post, for 'a period 0( not less than seven 5 years, udder the uu:on or ii state, requiring special kn9w1edge of law (3) every person appointed as a public prosecutor or an additional puhue ptds8etlt~r or, a special public prosecutor under this scetion shall be d~ tb be a 'pidllic 'pre!jecutor within the meaning of clause (u) of ii!ittigilz ef the code, and the provisions of the code shall have effed 10 aeeordingly 12r (1) a designated court may take cognizance of any offence, without the accused being committed to it for trial, upon receiving a complaint of facts which constitute such offence or upon a poj,ice report of such facts procedure and powers of designated courts 15 (2) , where an  offence 'triable by a designated court is punishable with imprisonment for a term not exceeding three years, or with fine or with botk, the d&signated court may, notwithstanding anything contained in sub-section (1) of section 260 or section 262 of the code, try the tlffence in a summary way in accordance with the procedure prescribed in the 20 code and the provisions of sections 263 to 265 of the code shall, so far gs may be, apply to such trial: provided that when in the course of a summary trial under this subsection, it appears to the designated court that the nature of the case is such that 'it is undesirable to try it in a summary way, the designated 25 court shall recall any witnesses who may have been examined and pmceed to re-heat: the cl;lse in the manner proyided bv the provisions of tlie code for the trial of such offence and the said provisions shall applv to and in relation to a designated court as they apply to and in relation u: a magistrate: go provided further that in the case of any conviction in a summary trial under this section, it shal~ be lawful for a designated court to pass a sentence of imprisonment for a term not exceeding two years (3) a designated court may with a view to obtaining the evidence of any person supposed to have been directly or in-directly concerned in, or privy to, an offence, tender a pardon to such person on condition of 35 his making a full and true disclosure of the-whole circumstances within his knowledge relative to the offence and to every other persbn con~ c~rned· whether as principal or abettor in the commission thereof, and any pardon 'so tendered shall, for the purposes of section 308 of the code, be deemed to have been tendered under s~ction 307 thereof ~ , (4) subject to the other provisions of this act, -a designated coutt fball, for the purp~ of trial of ,any offence, have gill the powers of a court of session and shall try such offen~e as if it were a court of spssion so far as may be in accordance with the procedure prescribed in the code 45 for the trial before a court ~ session; (5) subject to the other provisions of this act, every case trapsferred to a designated court under sub-section (2) of section 9 shall be dealt with as if such case had been transferred under section 406 of the code to such designated court 13 (1) notwithstanding anything contained in the code, all proceedings before a designated court shall be conducted in camera: protection of witnessos provided that where the public prosecutor so applies, any proceedings or part thereof may be held in open court (2) a designated court may, on an application made by a witness in 5 any proceedings before it or by the public prosecutor in relation to such witness or on its own motion, take such measures as it deems fit for keeping the identity and address of the witness secret (3) tn particular and without prejudice to the generality of the provisions of sub-section (2), the measures which a designated court 10 may take under that sub-section may include-(a) the holding of the proceedings nt n protected place; (b) the avoiding of the mention of the names and addresses of the witnesses in its orders or judgments or in nny records of the case accessible to public;  15 (c) the issuing of any directions for securing that the identity and addresses of the witnesses are not disclosed (4) any person who contravenes any direction issued under subsection (3) shall be punishable with imprisonment for a term which may extend to one year and with fine which may extend to one thousand :lo rupees trial by de9anawd 14 the trial under this act of any offence by a designated court shall have precedence over the trial of any other case against the accused in any other court (not being a designated court) and shall be concluded in preference to the trial of such other case and accordingly the trial li5 of such other case shall remain in abeyance ~urta to uve preeedence 15 where after taking cognizance of any offence, a designated court is of opinion that the offence is not triable by it it shall notwithstand-power to transfer cues to re,u-jar courts in~ that it has no jurisdiction to try such offence transfer the case for trial of such offence to any court having jurisdiction 30 under the cod-e and the court to which the case is transferrea may pr  eed with the trial of the offence as if it had taken cognizance of tlie o:fence   appeal 16 (1) notwithstanding anything contained in the code, an appeal shall lie as a matter of right from any' judgment, sentence or order, not 85 being an interlocutory order, of a designated court to the s'upreme court both on facts and on law i (2) except as aforesaid, no appeal or revision shall lie to anv court from any judgment, sentence or order of a designated court  (3) every appeal under this section sh~ll be preferred within a 40 period of thirty days from the, date of the judgm~nt sentp,n~e or order appealed frqm: '  ,  ", provided that the supreme court may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that the appellart had sufficient cause for not preferring the appeal within the period of thirty days  5 part iv miscellaneous17 (1) notwithstanding anything contained in the code or any other law, every offence punishable under this act or any rule made thereunder shall be deemed to be a cognizable offence within the meaning 10 of clause (c) of section 2 of the code and "cognizable case" as defined in that clause shall be construed accordingly modified application of certain provisions of the code (2) section 167 of the code shall apply in relation to a case involving an offence punishable under this act or any rule made thereunder subject to the modifications that-(a) the reference in sub-section (1) thereof to "judicial magistrate" shall be construed as a reference to "judicial magistrate or executive magistrate"; 20 (b) the references in sub-section (2) thereof to "fifteen days", "ninety days" and "sixty days", wherever they occur, shall be construed as references to "sixty days", "one year" and "one year", respectively; and (c) sub-section (2a) thereof shall be deemea to have been" omitted (3) sections 366 to 371 and section 392 of the code shall appjy in 25 relation to a case involving an offence triable by a designated court subject to the modifications that the references to "court of session" and "high court", wherever occurring therein, shall be construed as references to "designated court" and "supreme court", respectively (4) nothing in section 438 of the code shall apply in relation to any 30 case involving the arrest of any person on an accusation 0i having committed an offence punishable under this act or any rule made thereunder (5) notwithstanding anything contained in the code, no person accused of an offence punishable under this act or any rule made therc-35 under shall, if in custody', be released on bail or on his own bond unless-(4) the public prosecutor has been given an opportunity to  oppose the application for such release, and (b) where the public prosecutor opposes the application, the 40 court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to cqmmit any offence while on bail (6) the limitations on granting 'of bail specified ·tn sub-section (5) are in addition to the limitations under the code or any other law for the 45 time being in force on granting of bail 18 (1) any power exercisable by a state govejl!udelnt uncler this act may be exefcised by the central government wlul the uju' elect as if such powe,r had heen 'conferred curectly on the ceatfal govemdl8dt and had been delegated by that government to such state government (2) the central government 'rpay, qy notification in the oftkial 5 gazette, direct that any power or duty which by this act or by any rule made under this act is conferred or imposed on the central government shall, in such circumstances and under s\1ch conditions, if any, as may be 'specified in the direction, be exercised or discharged also-competence or central government to exercise powers of state government and dele gation of powers (a) by any ofj\cer or authority subordinate to the central 10 govemment, 0,1' (b) by any state government or by any officer or a\1thority subordinate to the state government, or  (c) iby any other authority (3) the state government may, by notification in the oftlejal 15 gazette, direct that any power which by this act or by any il"ule made under ihis act is conferred or imposed on the state government or which being by this act or any such rule conferred or imposed on the central government has been directed underlu~tion (2) to be exercised or discharged by the state government shall, in such cil'c\lldltanelea and 20 under such conditions, if any, as may be specified in the directlort, be exercised or discharged by any officer or authority subofdinate to the state government 19 the supreme court may, by notificl\tion in the ~ g  , make such rules, if any, as it may deem n~ssary for carrying out tlae 15 provisions of this act relating to designated courts power of the supreme court to make rules saving 20 (1) nothing in this act shall affect the jurisdiction ex  cfsule by, or the procedure applicable to, any' court or other autbarity u1i¥ier any law relating to the naval, military or air forces or other armed forces of the union 30 rules to be laid before houses of parliament (2) for the removal of doubts, it is hereby declared that fol' the 1»11'-poses of any such law as is referred to in subsection (1), a desllnw court shall be deemed to be a court of ordinary criminal j1ljtfce -  21 every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each ho1188 of 'parlia-ment, while it is in session, for a total peried ·of thirty days whiehmay 35 be comprised in one session or in two or m~ &uccesslve aessioas and if, before the' expiry of the session immediately following tjae  or the successive sessions aforesaid, both houses agree in makine iul1 modifk\ltion in the rule or both houses agree that the ruleahou;lci· not 'be 40 made, the rule shall thereafter have effect only in such modifted tqrm or be of no effect, as the case may be; so, however, that any suc~ jdodification or annulment shall be without prejudice to the validity of anything previously done under that rule --~ overridill, effect u the provisions of this act or any rule made thereunder or any order made under any such rule shall have effect notwithstandfng anything inconsistent therewith contained in any enactment oth~ than this act or in any instrument having effect by virtue of any enactment other 5 than ithis act savin, as to orders 1 of 18'12 &3 where an order purports to have been made andaign«l by any authority in ejcerdse of any power confc\tred by or ~ this act, a couftljbau, w~ihintbe zneauing of the indian e~ded<le act 1872, pre8\1im! that swlb order was so made by tbat authority  protection of action tak~ under the act 10 ~ no suit, prosecution or other legal proceeding shall li& against the central government or a state government or any oftlcer or authority ot the central government or state government or any other authority to whom powers have been deleiated under this act for anything which is in good faith 40ne or intended to be done dn pursuance of this act at' 15 any rules made thereunder or any order issued under any such ~le  statement of objects and reasonsterrorists had been indulging in wanton killings, arson, looting of properties and other heinous crimes mostly in punjab and chandigarh since the 10th may, 1985, the terrorists have expanded their activities to other parts of the country, ie, delhi, haryana, uttar pradesh and rajasthan as a result of which several innocent lives have been lost and many suffered serious injuries in planting of explosive devices in trains, buses and public places, the object to terrorise, to create fear and panic in the minds of citizens and to disrupt communal peace and harmony is clearly discernible thi~ is a new and overt phase of terrorism whic:h requires to be taken serious note of and dealt with effectively and expeditiously the alanning increase in chsruptive activities is also a matter of serious concern 2 the bill seeks to make provision for combating the menace of terrorists and disruptionists it seeks, inter alia, to-(a) provide for deterrent punishments for terrorist acts and disruptive activities; (b) confer on the central government adequate powers to make such rules as may be necessary or expedient for the prevention of, and for coping with, terrorist acts and disruptive activities; and (c) provide for the constitution of designated courts for the speedy and expeditious trial of offerees under the proposed legislation 3 the bill seeks to achieve the above objects a k sen new delhi; the 17th may, 1985 clause 7 of the bill provjdes for the constitution of designated courts by the state governments and also for the appointments of the rudges and additional judges of those courts clause 11 of the bill provides for the appointments of the public prosecutors, additional public prosecutors and special public prosecutors by the state governments 2 the expenditures towards setting up of the designated courts and towards salaries and allowances of the judges, public prosecutors and staff will be defrayed out of the consolidated funds of the states the ex'penditure towards setting up of the designated courts in the union territories will be defrayed out of the consolidated fund of india the likely expenditure for each designated court and on the salaries and allowances of the judges, public prosecutors, additional public prosecutors, staff, etc, over a period of six months is expected to be about rupees 357 lakhs, out of which rupees 172 lakhs will be of a recurring nature and rupees 185 lakhs of a non-recurring nature as it is not possible at this stage to visualise the number of such courts that may have to be established, it is not possible to gjve an estimate of the actual expenditure that may have to be incurred in this behalf clause 5 of the bill seeks to empower the central government to make such rules as appear to it necessary or expedient for the prevention of and for coping with terrorist and disruptive activities the particular matters in respect of which such rules may be made have been specified in sub-clause (2) of the clause the rule making power under the clause is of sufficient amplitude to enable the central government to provide for stringent punishment within the limits s'pecifit!d in subclause (3) of clause 5 for contraventions of the rules and for other matters connected with such contraventions the situations which arise as a result of terrorist and disruptive activities are of a very grave nature further, it is not possible to visualise the various types of situations which terrorists and disruptionists may create 2 sub-clause (2) of clause 18 of the bill provides for the delegation by the central government of its powers and duties under the legislation to officers and the authorities subordinate to the central government and to state governments and officers or authorities subordinate to state governments as also to other authorities sub-clause (3) of clause 18 seeks to confer power on a state government to delegate the powers cqnferred on it by the legislation to its officers and authorities the sub-clause also provides for sub-delegation by a state government to its officers and authorities of the powers delegated to it by the central government provisions for delegation and sub-delegation on the lines provided in sub-clause (2) of clause 18 are necessary for securing effective administration of the legislation 3 clause 19 of the bill s':!eks to empower the supreme court to frame such rules, if any, as it may deem necessary for carrying out the purposes of the bill relating to designated courts the matters in respect of which the supreme court can make rules would relate to matters of detail or procedure the power is sought to be conferred on the supreme court to enable it to provide for contingencies which it is not practicable to visualise and thereby secure the effective functioning of the designated court 4 in the context of the circumstances as explained above, the delegation of legislative pnwer involved is of a normal character  a billto make special provlsions for the prevention of, ao,d for coping with, terrorist and disruptive activities and for mattera connected therewith or incidental thereto 