 bill no 93 of 186 the national security guard bill, 1986 arrangement of clauses chapter i preliminary clauses1 short title and commencement 2 de~itio!l'!l 3 persons subject to this act  chapter ii '" constl'lo'l'lon of thb s!lculu1y guam) and conm'lttons of service 01' the members of the szcuju'ly guaju)4 constitution of the security guard 5 control, direction, etc 6 liability for service outside india 7 resignation and withdrawal from the post 8 tenure of service under the act 9 termination of service by central government 10 dismissal, removal or reduction by the director-general and by other officers 11 certificate of termination of service 12 l1ehi rictions respecting right to form assoqiations, freedom of speech, etc 13 remedy of aggrieved persons other thm officers 14 remedy of aggrieved officers  chapter iiioffllncbs 15 ojfenees in relation to the terrorists and other persot\s in arms against the union, and punishable with death 16 offences punishable more severely on active duty than at other times 17 mutiny 18 desertion and aiding desertion 19 absence without leave 20 striking or threatening superior oftleer 21 disobedience to superior oftictu' clausi's 22 assault and obstructio'll 23 certain forms of disgraceful conduct 24 il1-treating a subordinate 25 drunkenness 28 pennittlng'~cape of person in custody 27 irreguiarity i in eonaection with, atll88t or,-con1bnment: 28 escape from custody 29 offences in resp~t of property , 30 extortion and exaction 31 making away with equiprri~!ll 32 injury to property 33 false accusations 34 falsifying official documents and false declarations 35 false declaration on appointment 36 offences relating to security guard court 37 false evidence 38 unlawful detention of pay!, 39 unbecoming co'llduct 40 ''violation of good order an~' tiiscip'1tne 41 mi'scellaneous offences 42 attempt 43 abetment of offenc~ that have been comnutted 44 abetment of offences that' have ngt been committed 45 civil offences 46 civil offences not triable by a 'security gu&,rd court  chapi'er iv punishments47 punishments awardable' 'by security guard courts~ 48 alternative punishments awardable by secw-ity guard courts 49 combination of punishm~nts 50 punishments otherwise than by security guard courts 51 minor punishments 52 limit of punishments unaer'"~eri' 51 53 punishment of officers of or tbelo1w the rank of squadron com-~ by oftilel's ddt ,beh)w the,oi'aakof,·,lniipeotoregeneral 54 punishment of p&rsc:ms of!1bel'ank ot'ai811tmlt commander  chapl'er v amo:st and proceedings before trial55 custody of offenders   56 duty of commander in regard to ~tiort 57 interval between c-rlmtttal a1td"~   clavsa58~ arrest; by' civil authorities 59 captures of deserters 60 inquiry!in~ abs~w'tthout leave  chapter vi si!lct1luty gualu> courts61 kinds of security guar~ courts   62' power to convene a general security guard court 63 power to convene a petty security guard court   64 contents of warrants -issued under 'sections 62 and 63 65 composition of general security guard court 66 composition of a fetty seowi\y • guard court 67 summary security guard court 68 dissolution of a security gual'd court 69 powers of a ge!u!t111 seeurity guard court 70 powers of·: a petty seeutity guard court 71 powers of a summary security guard court :72 prohibitio'll of second' trial 73 period of limitation- for trial 74 trial, etc, of offender who ceases to be subject to this act 75 application of act during term of sentence 76 place of trial 77 choice' between criminal court and security guard court 78 power of criminal court to require delivery of offettder  chapl'ervn procedu'rt of s~umty guard courts79 presiding officer 80 judge attorneyii, etc 81 challenges 82 oaths of'membeirs, judge attotney and witfte8s 83 voting by members 84 general r,ule as to evidence i of 1872 85 judicial notice 86 summoning witnesses 87 documents exempted from production 88 commissions for examination of witnesses 89 examination of witness on coijullission 90 conviction of olience not charged 91- presumption as to signatures 92 appointment paper 93 pre'aumption as to ce'rtain documents 94 refl"rence by accused to government officer 6atrsts 95 evidence of previous canvictiona and general cbarac\w 96 lunacy of accused 97 subsequent fitness of lunatic accused fwtrial 98 transmission to central government of orders under section m 99 release of lunatic accused 100 delivery of lunatic accused to relatives 101 order for custody and disposal of property pending trial 102 order for disposal of property regarding which oftence is committed 103 powers of security guard court in relation to proceedings under this act  chapter vniconfliui4ation and llevision  104 finding and sentencle not valid, unless confirmed 105 power to confirm finding and sentence of general security guard court 106 power to confirm finding and sentence of petty security gj,lard court i 107 limitation of powers of confirming authority 108 power of confirming authority to mitigate, remit or commute sentences 109 revision of finding or b-entence 110 finding and sentence of a summary security guard court 111 transmi'ssio'll of proceedings of summary security guard ·court 112 alteration of finding or sentence in certain cases 113 remedy against order, finding or b'entence of security guard court 114 annulment of proceedings  chapter ix115 form of sentence of death 116 commencement of sentence of imprisonment 117 execution of sentence of imprisonment 118 temporary custody of offender 119 execution of sentlnce of impri'sonment in special cases, 120 conveyance of prisoner from place to place 121 communication of certain ·orders to prison omeers 122 executian of sentence of fine 123 informality or error in the order or warrant 124 pardon nnd remission 1:~5 cullcellation of conditional pardon, release on parol or remission  clauils126 suspension of sentence of imprisonment 127 orders pending suspension 128 release on suspension 129 computation of period of suspension 130 order after suspension 131 reconsideration of case after suspension 132 fresh sentence after suspension 133 scqpe of power of suspension 134 effect of suspension and remission on dismissal r  ··· chaprer x  miscl!:lolaneous135 rank structure 136 deductions from pay and allowances 137 powers and duties co'llferable and imposable on members of the security guard las protection for acts of members of the security guard 139 power to make rules 140 provisions as to existing national security guard  billt01jrovicle ior the constitution and regulation of an armed fn·ree of the union for combating terrorist activities with a view to 'protecting stah!s agatnst internal disturbance  ; and for matter~ ,;cnmt>cted ther,'with be it enacted by parliament in the thirty-seventh year of the republic of rnd~a asfollows:- chapter i5 puuminaby ! 1 (1) this act may be called the national security guard act, 1986 short title and (2) it shah come into foreeon  such date as the central government commencems" by noti,ocationiel theomcial gazette, appoint ment ,2 '(1) in this act, unless the context otherwise requires,-definitions 10 (a) "active duty", in relation to a pe,son subject to this act means any duty as a member of the seeu,rity guard during the period in which such persdll 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; 01' (ii) which is operating at a picket or engaged o'll patrol or any other duty, in relation to combating terrorist activity; (b) "assi:;tallt commandcr" mcans a person appointed or in pay as an assistant commander grade i, assistant commander grade ii or assistant commander grade iii: 5 (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, 19502: 46 of 1952 (d) "civil prison" means any jailor place used for the detention of any criminal prisoner under the prisons act, 1894, or under 109 of 1894 any other law for the' time being in force: (e) "combatised tradesman" means a person appointed or in pay as a combatised tradesman; <i> "commander", when used in any provision of this act with reference to any unit of the security guard, means the officer whoae 15 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 ~o 46 of 1952 under the criminal law ameondment act, 1952: (h) "deputy inspector-general" means a deputy inspector-general of the security guard appointed under section 5; (i) "director-genera!" and "additional director-generap mean, 'respectively' the director-general and an additional director- 2;1 general of the security guard appointed under section 5; (j) "group" means a unit of t~e security guard constituted as a grouip by the cen tral government; of the :10 (k) "group commander" means a group commander security guard appointed under section 5; of the (l) "inspector-ge'lleral" means an inspector-general security guard appointed under section 5; (m) "judge attorneygeneral", "additi(',nal judge attol'lley-general", "deputy judge attorney·general" and "judge attomey" mean, respectively, the judge attorney-general, an additional judge 35 attomey-general, a deputy judge attorney-general and a judge" atto~ 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; 40 (0) "notification" means a notification published in the oftlctal gazette; , (p) 'offence" means any act or omission punishable under this act and includes a civil offence; (q) "oftlcer" means a person appointed orin pay as an oftlcer 4; of the seeurity guard; (r) "prescribed" weans prescribed by rules; (a) "ranger" means a ranger grade i and a ranger grade i,l of the security guard; 5 (t) "rule" -means- a rule made under this attj (11) "security 'guard" means the national securi,y' guard; (v) "security guard court" means a court refe~fed to ip section 61; (w) "security guard custody" means the arrest or conf\nement of a member of the security guard according to rules; - 10 (;r;) "superior officer", when used in relation to a person subject to this act, means,-(i) any member of the security guard to whose collull8dd such person is for the time being subject in accordance wtth the rules; 15 (ii) any officer of a higher rank or class; and includes, when~uch person is not an officer, an assistant' co'lh  mander or a ranger of a higher rank or class; 20 (y) "terrorist" means any person who, with intent to over-awe the government as by law estabushed 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, doe~ any act or thing by using bombs, dynamite, or other explosive substances or intlammable substances or firearm~ or other lethal weapons or poiso'lls or noxious gases or other chemicals or any other substances (whether biological or other wise) of a hazardous nature, in such a manner as to ca~ ~r as is likely to ca~se, 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; 30 46 of 1860 --~f" (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 anystate shall be construed as references tn the corresponding law in force in that 35 state persona subjectt«t this act 3 (1) 'l'he following persons appointed (whether on deputation or in any other manner) in the security guard shall be subject to this act, wherever they maybe, namely:-(a) officers and assistant commanders; and (b) rangers and combatised tradesmen (2) every person subject to this act shall remain so subject final repatriated, retired, released, discharged, removed or dismissed from the security guard in accordance with the provisions of this act and the ea ,  ~' _:"  , ru1  r " - 'mi,8!11il - - t ,,,,r - ___ _  ~  chapter u constitution of tju: srcublty guard and cond1'l1ions or servicz of tim members of the szeulutyguard4 (1) tbere sball be ad armed force of the union called the natmmal 5 security guard for combatinj terrorist adivities with a viewt to protect states apiut internal disturbances constitutionof the security guard (2) subject to the provisions of this act, the security g~d ahan be constituted in such manner as may be prescribed and the concijtiona of service of the members of the security guard shall be such as may 10 be prescribed control, direction, etc 5 (1) the ge~eral superintendence, direction and control of the security guard shall vest in, and be exercised by, the central government and subject thereto a,nd to the provisions of this act and the rules, the coiiiiqiuld and supervision of the seearity  guard shall vest in an 15 ofiicer 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 diredors-geueral, inspectors-general, deputy inspectors-general, group commanders and lio other oftieers as may be appointed by the centlall government s every member of the security guard shall be liable to serve in any part of india as well as outside india liability for service olutside india 7 no member of the security gutrd shall be at liberty-(a) to resign his appointment during the term of lus engagement; or li5 resignation and withdrawal from the poit (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 8 every person subject to this act shan hold office during the pleasure 30 of the president renate 01 iervice uaderthe act t subject to the provisions of this act and the rules, the central government may dilmiss or remove from service any person subject to this act nrmilla tion df mrviu by c41ittai geverllo ment 10 (1) the director-general, any additional director-general or any 35 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 tlismislal removal or reduction by the direetor-general and by other otftcera (2) an officer not below the rank of a deputy inspector-general or any prescribed officer may dismiss or remove from the service any 40 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 a lower grade or rank or the ranks any person under his command except an officer or an assistant commander (4) the l"xercise of any power under this section shall be subject to 5 the provisions of this act and the rules· 11 an assistant commander, or a ranger or a combatised tradesman certificate who is retired, release<i, discharged; removed or dismissed from the of termina·· service shall be furnished by the officer to whose command he is subject, lion ~f with a certificate setting forthservice 10 (a) the authority terminating his service; (b) the cause for such termination; and (c) the full period of hi's service in the security guard 12 (1) no person subject to this act shall, without the previous sanc- reetrictioal tion in writing of the central government or of the prpscribed authortty,- respectin ribl lid 15 (a) be a member of, or be associated in any way with, any trade fl rmaaaoa union, labour union" political association or with any class of trade lions, f-unions, labour unions or political associations; or dom hoi iipooc , ttgo (b) be a member of, or be associated in any way with, any society, institution, association or organisation that is not recognised as part 20 of the security guard or is riot 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 bonafid~ discharge of his duties 25 or is of a purely literary, artistic or scientific character flr 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 of religious nature under clause (b) of this sub-section, the decision of the 30 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 35 13 (1) any pel'bon subject to this act other than an officer who deems r~o4y of himself wronged by any superior or other officer may, complain to the :::::04 oilier officer under whose commana he is serving thaa (2) when the officer complained against is  the officer to whom any ofticel'l complaint should, under sub-section (1), be preferred  the aggrieved per-40 bon may complain to such officer's next superior officer (3) every offtcer receiving any such complaint shall make as complete an investigation into it as may be possible for' givin~ full redress to the complainant; or when necessary, refer the complatnt to a superior authority ! (4) the director-general may revise any decision made under any of 45 the foregoing sub-sections, but, subject thereto, ~uc~ decision shall be ftqaj ''';: f flo, l-''''1''~''''''-'''' - ~ _ i remedy of qarieved ofticers 14 any oftlcer who deems himself wronged by hit! commander or any other superior officer and who, on due application made to his commander or such other superior officer, does not receive the redress to which he considers hil;nself ,entitled, may complain to the director-general or the central government through proper ch~nnel 5  chapter iii offences'15 any person subject to this act who commits any of the following offences that is to say,-(a) shamefully abandons place of his duty or misbehaves in such 10 manner as to show cowardice during operations; (b) treacherously holds coite'spondence with, or communicates intelligence to, a terrorist or any person in arms against the union; or ofrences in relation to the terrorists and other per ions in arms against the uqi()n and pun_ble with ,death (c) directly or indirectly assists any terrorist with money, arms ammunition, stores or supplies or in any other manner whatsoever; or 15 (d) knowingly does any act calculated to imperil the success of the security guard or the military, naval, air forces or any other armed force of india or any forces co-operating therewith or any part of such forces, shall, on conviction by a security guard court be liable to suffer death 20 or such less punishment as is in this act mentioned 16 any person subject to this act who commits any of the following offences, that is to say,-(a) forces a safeguard, or forces or uses criminal force to asentry; or 25 offences punishable more seve· rely on active duty than at other times (b) breaks into any house or other place in search of plunder; or (c) being a sentry sleeps upon his post, or is drunk; or (d) without orders from his superior officer leaves his guard, picket, patrol or post; shall, on cohviction by a security guard court,-(1' if he commits any such offence when on active duty, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this''act mentioned; and (ii) if he commits any such offence when not on active duty, be liable to suffer imprisonment for a term which may extend to seven 35 years or such less punishment as is in this act mentioned mutiny 17 any person subject to this 'act who comtnits any of the following offences, that is to say,-' ' (a) begins,incites causes or conspires with any other person to cause any mutiny in the security guard or in the military, naval, air 40 forces or any other armed force of india or any forces co-opetat1ng therewith; or (b)jolns in any buch'mutiny; or" (c) being present at any such mutiny, does not use his utmos(; endeavours to suppress the same; or (d) knowing or having reason to believe in the existence of any such mutiny, or of any intention to mutiny or of any such conspiracy, 5 does not, without delay, give infonnation thereof to his commander or other superior oftlcerj or -(e) endeavours to seduce any person in the security guard or in the military, naval air forces or any other armed force of india or any forces co-operating therewith from his duty or allegiance to 10 the union,  ihall, on conviction by a security guard court, be liable to suffer death or such less punishment as is in this act mentioned 18 (i) any person su6ject to this act who deserts or attempts to desert the service shall, on conviction by a security guard court!-deaertioa aod·aicudt desertion 15 (a) if he commits the offence when on active duty or when under orders for active duty, be liable to suffer death or such less punishment as is in this act mentioned; and (ll) if he commits the offence under any other circumstances, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this act mentioned 10 (2) any person suoject to this act who knowingly harbours any such deserter shall, on conviction by a security· guard court be liable to suffer imprisonment for a term which may extend to three' years 01" such less punishment as, is in this act mentioned is (3) any person subject to this act who, being cognizant of any desertion or ahempt at desertion of a person subject to this act, does not forthwith give notice to his own or some other superior officer, or take any !l!teps in his power to cause such person to oe apprehended, shall, on conviction by a security guard court, be liable to suffer imprisonment for a 30 term wliich may extend to two years at siich"less punishment as is in this act mentioned (4) for the purposes of this act, a person deserts,-(a) if he absents from his unit ·or the place of duty at any time with the intention of not repo,rting back to such unit or place, or who at any time and under any circumstances when absent from hiw unit or place of duty, does any act which shows that he has an intention of not reporting to such unit or place of duty; (b) if he absents himself without leave with intent to avoid any i active duty absen without leave 400 19 any person subject to this act who commits any of the following offences, that is to say,-u (a) absents himself without leave; or (b) without sufficient cause overstays leave granted to him; or (e) being on leave of absence and having received information f1"om the appropriate authoritv that any unit or part thereof to which he belongs, has been ordered on active duty, fails, without sufficient cause, to rejoin without delay; or (d) without sufficient cause fails to appear at the time fixed at the parade or phce appointect'for exercise or duty; or (e) when on parade, or on the line of marcn, without luftlcient ~use or without leave from his superior officer, quits the parade or line of march; or (f) when in camp or elsewhere, is foimd beyond any limit fixed or in any place prohibited, by any general,1ocal or other order, with-:) out a pass or written leave from his superior officer; or (g) without leave from his superior officer or without due cause absents himself from any school when duly ordered to attend there: shall, on conviction by a security guard court, be liable to sufter im~ prisonment for a term which may extend to three years or such less 10 punishment as is in this act mentioned 20 any person subject to this act who commits any of the following offences, that is to say,-strildd,or tbreateninl luperior offiecr (a) uses criminal force to or assaults his superior officer; or (b) uses threatening language to such officer; or 15 «~) uses insubordinate language to such officer, shall on conviction by a security guard court,-(i) if such officer is at the time in the execution of his office or, if the offence is committed on active duty, be liable to  suffer imprisonment for a term which may extend to fourteen years or such 20 less punishment as is in this act mentioned; and (ii) in other cases, be liable to suftler imprisonment for a term which may extend to ten years or such tess punishment as is in this act "mentioned: provided that in the case of any offence specified in clause (c), the 25 imprisonment shall not exceed five years disobedience to iuperior officer 21 (1) any person subject to this act who disobeys, in such manner as10 show a wiiful defiance of authority, any lawful command given p~r­sonally by his superior officer in the execution of his office whether the same is given orally, or in writing or by signal or otherwise shall, on 30 conviction by a security guard court, be liable to "suffer imprisonment for a ~ which may extend to fburteen years or such less punishment as is ~n this act mentioned (2) any pers(\n subject to this act who disobeys any lawful command given by his superior officer shall, on conviction' by a security guard 35 court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this act mentioned assault and obitruction 22 any person subject to this act who commits any of the following offences, that is to say,-" (a) being concerned in nny quarrel, affray or disorder, refuses 40 to obey any officer, though of inferior rank" who orders him into arrest, or uses criminal force to or assaults any such officer; or  (b) uses criminal force to, or assaults any person, whether sub ject to this act or not, in whose custody he is lawfully placed, and i whether he is or is not his superior officer; or ~ (c) resists an escort whose duty it is to apprei-end him or have him in charge; or  (d) breaks out of barracks, camp or quarters; or (e) refuses to obey any general, local or other order, 5 shall, on conviction by a security guard court, be liable to 'iu1fer ijd prisonmentfor a term which may extend, in the case of offences specified in clauses (c£> and (e), to two years, and in the case of the offences specified in the other clauses, to ten years, or in either case such less punishment as is in this act mentioned 10 23 any person subject to this act who commits any of the following offences, that is to say,-certain forms of dislracefu1 conduct (a) is guilty of any disgraceful conduct of a cruel, indecent or unnatural kind; or (b) malingers or feigns or produces disease or infirmity in is himself or intentionally delays his cure or aggravates his disease or infirmity; or (c) with intent to render himself or any other person unfit for service, voluntarily causes hurt to himself or that person, shall, on conviction b~ a security guard court, be liable, to suffer im-20 prisonment for a term which may extend to seven years or such less punishment as is in this act mentioned 24 any officer, assistant commander or ranger grade i, who uses criminai force to, or otherwise ill-treats, any person subject to this act, being his subordinate in rank or position, shall, on conviction by a security iil-lreatina: a subordinate 1z5 guard court be liable to, suffer imprisonment for a term which may extend to seven years or such less punishment as is in this act men· tioned drunkellnell 25 (1) any l>8rson subject to this act, who is found in a state of drunkenness, whether on· duty or not, shall, on convicnon by a security 30 guard court, ,be liable to suffer imprisonment for a term which may extend to six months or such less punishment as is in this act, mentioned (2) for the purposes of sub-section (1), a person shall be deemed to be in a state of drunkenness if, owing to the infiuence of alcohol or 35 any drug whether alone or in combination with any other substance, he is unfit to be· entrusted with his duty or with any duty which he may be called upon to perform or behaves in a disorderly manner or in a manner likely to bring discredit to the security guard , 26 any person subject to this act who commits any of the following 40 offences, that is to 8ay,-permittine escape or person ba eustody (a) when in command of a guard, picket, patrol, detac;hment or post, releases without proper authqi'ity, whether wilfully or without reasonable excuse, any peraon committed to his charge, or refu_ to receive any prisoner or persodso committedj or (b) wilfully or without reasonable excuse allows to escape ady' person who is committed to his charge, or whom it is his duty to keep or guard, ihall, on conviction by a security guard court, be liable, if he has acted wilfully, to su1fer imprisonment for a term which may extend to ten 5 years or such less punishment as is in this act mentioned; and if he has ddt acted wilfully, to suffer imprisodmellt for a term which may extend to ,two years or such less punisbment as is in tbh; act mentioned %7 any person subject to this act who commits any of the iollowins oifences, that is to say,-                                                                                       10         (a) unnecessarily detains a person in                                                          arrest or confinement   without bringing him to trial, or fails to bring his cilse before the  proper authority for investigation; ql'     irregulari·     ty in cod-   nectiod   witb  arreat or conlim-ment          (b) baving committed a person to security guard custody fails     without reasanable cause to deliver at the time of such committal, or 15     as soon as practicable, and in any case                                                          within forty-eight hours     thereafter, to the officer or other person into whose custody the     person                arrested is coljlipitted, an account in writing signed by     himself of the                         offence with which the person so committed is     charged,                                                                                  ,  i 20 shall, on conviction by a                                  security guard court, be liable to suffer imprisonment for a term which may extend to one year or such less punishment as is in this act mentioned escape from custody 28 any person subject to this act who, being in lawful custody, escapes or attempts to escape, shall, on conviction by a security guard  court, be liable to suffer imprisonment for a term which may extend to 115 tlvee years or such less punishment as is in this act mentioned  29 any person subject to this act who commits any of the following offences, that is to say,-offences in respect of property (a) commits theft of any property belonging to the government, or to any security guard mess, band or institution, or to any person 30 aubject to this act; or  (b) dishonestly misappropriates or converts to his own use any such property; or   (c) commits criminal breach of trust in respect of any inch 35 property; or  :  i~ &-- (d) diahonestly receives or retains any such property in respect uf which any of the oftences under clauses (4), (b) and (c) has been committed, knowing or havinl reason to believe the commi&llio'n of sllch oftance; or, 40 (e) wilfully destroys or injures any property of the government entrusted ~ him; or (f) does any other thing with intent to defraud, or to cause wrongful gain to one person or wrongful loss to another person, lball, on conviction by a security guard court, be liable to suffer im- 45 pr~d!d!ent for a term which may extend to ten years or such less pwalshment as is in thij act medtioneci 30 any person subjeet to this act who commits any of the fouowine offences, that is to say,-l!1xtol'-tioll anti exaction (a) commits extortion; or (b) without proper authority exacts from any person money, 5 provision~ or service, shall, on conviction by a security guard court, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this act mentioned 3l any person subject to this act who commits any of the following 10 offences, that is to say,-makioa aw'&7 with equipment (a) makes away with, or is concerned in making away with, any arms, ammunition, equipment, instruments, tools, clothing or any other thing being the property of the government issued to him for his use or entrusted to him; or 15 (b) loses by neglect anything mentioned in clause (a); or (e) sells, pawns, destroys or defaces any medal or decoration granted to him, shall, on conviction by a security guard court, be liable to suffer imprisonment for a term which may extend, in the case of the offences 20 specified in clause (a), to ten years, and in'the case of the offences spedfied in the other clauses, to five years, or in either cale such less punishment as"is in this act mentioned 32 any person subject to this act who commits any of the following offences, that is to say,-injury tet property 25 (a) destroys or injures any property mentioned in clause (a) of section 31, or any property belonging to any security guard mess, hand or institution, or to any person subject to this act; or (b) commits any act which causes damage to, or destruction of, any property of the government by fire or in any other manner 30 whatever; or (c) kills, injures, makes away with, ill-treats or loses, any animal entrusted to him, shall, on conviction by a security guard court, be'liable, if he has acted wilfully, to suffer imprisonment for a term which may extend to ten 35 years or 'such less punishment as is in this act mentioned; and if he has acted without reasonable excuse, to suffer imprisonment for a tenn which may extend to five years or such less punishment as is in this act mentioned 33 any person subject to this act who commits any of the following 40 offences, that is to say,-false accuja_ tiou (a) mak~ a false accusation against any person subject to thi8 act, knowing or having reason to believe such ~ccusation to be false; or (b) in making a complaint against any person subject to' thi act makes any statement af!ectiug the character of such perion, knowing or having reason to believe such statement to be' false, or knowingly and wilfully suppresses any material fact, shall, on conviction by a security guard court, be liable to suffer imprisonme'llt for a term which may extend to three years or such less punishment as is in this act mentioned 5 34 any person 'subject to this act who commits any of the following oftences, that is to say,-(4) in any report, return list certificate book or other document made or signed by him, or of the contents of which it is his duty to ascertain the accuracy, knowingly makes, or is privy to the making! 10 of, any false or fraudulent statement; or falsifying oftlcial documents and false declarations (b) in any document of the description mentioned in clause (4) knowingly makes, or is privy to the making of, any omission, with intent to defraud; or (c) knowingly and with intent to injure any person, or know- 15 ingly and with intent to defraud, suppresses, defaces, alters or makes away with any document which it is his duty to preserve or produce;  or (d) where it is his official duty to make a d~laration respecting any matter, knowingly makes a false declaration; or 20 (e) obtains for himself, or for any other person, any pension allowance or other advantage or privilege by a statement which is false, and which he either knows or believes to be false or does not believe to be true, or by making or using a false entry in any book or record, or by making any document containing a false statement, 25 or by omitting to make a true entry or document containing a true statement, i ; j "i i; shall, on conviction by a security guard court, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this act mentiofted 30 false declaration on appointment 35 any person having become subject to this act who is discovered to have made at the time of ''sppointment a wilfully false statement or declaration in connection with his appointme'llt, shall, on conviction by a s(·curity guard court, be liable to suffer imprisonment for a term which - may extend to three years or sud\less punishment as is in this act 35 mentioned \ 36 any person subject to this act ''tli/'ho commits any of the following offences, that is to s8y,-offences relating to security guard court (a) being duly summoned or ord~red to attend as a witness before a security guard court, wilfully or ~ithout reasonable excuse, makes 40 default in attending; or ' (b) refuses to take an oath 0 make an aftlrmation legally required by a security guard court ·0 be taken or made; or   (c) refuses to produce or deliver any docume'llt in his power 01'" control legally required by a security guard court to be produced or 45 delivered by him; or l' (d) refuses, when a witness, to nswer any question which he is by law bound to answer; or, : (e) is guilty of contempt of the security guard court by u8ing insulting or threatening language, or by causing any interruption or disturbance in the proceedings of such court, shall, on conviction by a security guard court, be liable to sutfer imprison-5 ment for a term which may extend to three years or such less puni'shment as is in this act mentio'lled falae evi4ence 37 any person subj,ect to this act who, having ~n duly sworn or afftrmed before any security guard court, or before any gfficer competent under this act to administer oath or affirmation or before a court of 10 inquiry constituted u'11der this act, makes any statement which is false, and which he eithe,r knows or believes to be false 'or does not believe to be true, shall, on conviction by a security guard court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment 8's is in this act mentioned unlaw fuldeten tionof pay 15 38 any officer, assistant commander or ranger grade i who, having received the pay of a person subject to this act unlawfully detains or refuses to pay the same when due, shall, on conviction by a security guard court, be liable to suffer imprisonment for a term which may extend to five year's or such less punishment as is in this act mentioned 20 39 any officer or assistant commander who behaves in a manner ulllbeunbecoming of his position and the character expected of him shall, on _ co mini conviction by a security guard court, be liable to be dismissed or to conduct suffer such less punishment as is in this act mentioned violation otgood order and disci pline 40 any person subject to this act who is guilty of any act or omission 25 which, though not specified in this act, is prejudicial to good order and discipline of the security guard shall, on conviction by a security guard court, be liable to suff~ imprisonment for a term which may extend to seven years or such less punishment as is in this act mentioned fl any person subject to this act who commits any of the following 30 offences, that is to say,-miscellaneous offences 35 (a) being in command of any detachment or post or on the march, and receiving a complaint that anyone under his command has beaten or otherwise maltreated or opp,ressed any person, or has caused dis-turbance at any public place, or committed any riot or tresspass, fails to have due reparation made to the injured person or to report the case to the proper authority; or (i1) by defiling any place of worship, or otherwise intentionally insults the religion, or wounds the religious feelings of any person; or (e) attempts to commit 'suicide, and in such attempt does any act towards the commission of such offence; or (d) being below the rank of an assistant commander, when oft duty, apnears without proper authority, in or about camp, or in of about, or when going to, or returni~g from, any town, carrying a rifte, sword or other offensive w~apon; of 45 (e) directly or indirectly accepts or obtains, or agrees to accept, or attempts to obtain, for himself or for any other ~on, any gratification as a motive or reward for procuring the appointment ot any paraoft, or leave of absence, promotion or any other advantage «' indulgence for any person in the service; or (j) commits any offence against the property or person of any inhabitant of, or resident in, the country in which he is serving, shall, on conviction by a security guard court, be liable to suffer imprison-5 ment for a term which may extend to seven years or such less punishment as is in this act mentioned attempt 42 any person subject to this act who attempts to commit any of the offences specified in sections 15 to 41 (both inclusive) and in such attempt does any act towards the commission of the offence shall, on conviction 10 by a security guard court, wh~e no express provision is made by this act for the punishment of such attempt, be liable,-(a) if the offence attempted to be committed is punishable with death, to sufter imprisonment for a term which may extend to fourteen years or such less punishment as is in this act mentioned; and 15 (b) if the oftence attempted to be committed is :punishable with imprisonment, to suifer imprisonment for a term which may extend to one-half of the longest term provided for that offence or such less punishment as is in this act mentioned abetment ef olfences that have been committed 43 any person subject to this act who abets the commission of any 20 of the offences specified in sections 15 to 41 (both inclusive) shall, on conviction by a security guard court, if the act abetted is committed in consequence of the abetment and no express provision is made' by this act for the punishment of such abetment, be liable to suffer the punishment provided for that offence or such less punishment as is in this act 25 mentioned abetment toffences that have not been committed 44 (1) any person subject to this act who abets the commission of any of the offences punishable with death under sections 15, 17 and subsection (1) of section 18 shall, on conviction by a security guard court if that offe'llce be not committed in consequence of the abetment, and no 30 express provision is made by this act for the punishment of such abetment, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this act mentioned (2) any person subject to this act who abets the commission of any of the offences specified in sections 15 to 41 (both inclusive) and punish- 35 able ~ith imprisonment shall, on conviction by a security guard court if that offence be not committed in consequence of the abetment, and no express provision is made by this act for the punishment of such abetment, be liable to sufper imprisonment for a term which may extend to one-half of the longest term provided for that offence or such leis punishment as is in this act mentioned 40 65 subject to the provisions of section ~, any person subject to thil act who at any place in, or beyond, india commits any civil offence shall be deemed to be pilty of an offence against thi act and, if charged therewith u'llder this section shall be liable to be tried by a seeurity guard court and, on conviction, be puniihable as follows, that is to say,-45 (4) if the offence i one which would be punishable under any law in force in india with death, he shall be liable to suffer any punishment, assigned for the offence, by the aforesaid law and such less punishment as is in this act mentioned; and (b) in any other case, he shall be liable to suffer any punishment, assigned for the offence by the law in force in india,· or imprisonment 5 for a term which may extend to seven years, or such less punishment as is in this act mentioned 48 a persdll subject to this act who commits an offence of murder or of culpable homicide not amounting to murder against, or of rape in relation to, a person not subject to this act shall not be deemed to be 10 guilty of an offence under this act and shaul not be tried by a security guard court, unless he commits any of the said offences,-(a) while on active duty; or civil offences not triable by-security guard court (b) at any place outside india  chapter iv punishments'5 47 (1) punishments may be inflicted in respect of offences committed by persons subject to this act and convicted by security guard courts according to the 'scale following, that is to say,-(a) death; punish ments award able by security guard courts flo (b) imprison:ment which may be for the term of life or any other lesser term but excluding im12risonment for a term not exceeding three months in security guard custody; (c) dismissal from the' service; (d) imprisonment for a term not exceeding three months in security guard custody; (e) reduction to the ranks or to a lower rank or grade in the case of a ranger grade i; , (f) forfeiture of seniority of rank and forfeiture of all or any part of the service for the purpose of promotion where promotion depends upon leng1;h of &en?ce; (g) forfeiture of service for the purpose of increment or pensio? or other prescribed purpose; (h) severe reprimand or reprimand except in the case of persoml below the rank of ranger grade i; (i) forfeiture in the case of a person sentenced to dismissal from 35 the service of all arrears' of pay and allowances and other pubuc money due to him at the time of such dismissal; u) «eduction from pay and allowan~es to make good any proved loss or damage oceuloded by the' o1fence for which he is convicted' (2) each of the punishments specifled in sub-section (1) shal1 be  deemed to be inferior in degree to every punishment preceditng it in the above beale 48 subject to the provisions of this act, a security guard court may, on convicting a person subject to this act of any of the offences specified in secticms 15 and 44 (both inclusive) award either the particular puni'shment with which the offence is stated in the said sections to be punishable or, in lieu thereof, anyone of the punishments lower in the scale set out 5 in section 47 regard being had to the nature and degree of the offence alter native punish ments award able -by security guard courts combination ot punish ments 49 a 'sentence of a ~urity guard court may award in addition to, or without anyone other punishment: the' punishment specified in clause (c) of sub-section (1) of sectian 47 and anyone 0,1' more of the punishments specified in clause (e) to (j) (both inclusive) ot'that sub-section 10 so punishments may also be inflicted in respect of offences committed by persons subject to this act without the intervention of a security guard court in the manner stated in sections 51 and 53 pudishmenta other wise than 'by security guard courts minor punish· ments 51 (1) subject to the provisions of section 52, a commander of and above the ra·nk of a group commander may, in the prescribed manner 15 proceed against a person subject to this act other than an oftlcer or an assistant commander who is charged with an offence under this act and award such person, to the extent prescribed, one or more of the following punishments, that is to say-(a) imprisonment in security guard custody up to twenty-eight ~o days; (b) detention up to twenty-eight days; (c) confinement to the lines up to twenty-eight days; (d) extra guards or duties; (e) deprivation of any acting rank provided su'ch rank has not 25 been held by him for more than two years; (1) severe reprimand or reprimand; (g) dc:ductions from his pay 'and allowances ilf any sum required to make r,ood any 1083 or damage occasioned by the offence for which he is pun:shed 30 (2) if a group is being temporarily commanded by an o~·:er of the rank of squadron commander or a team commander, such officer shall have full powers of a commander as specified in sub-section (1) (3) subject to the' provisions of section 52, a squadron commander or  a team commander commanding a squadron or a team or any detach- 35 ment shall have the power to proceed against a person subject to this act, other than an officer or an assistant commander, who it charge~ with an offence under this act and award such person to the extent prescribed, one qr more of the puni~hments specified in clauses (4) to (d) and (g) of sub-section (1) provided that the maximum limit of punishment awardedl'4° under each of the clau!les (a), (b) and (c) shall not exceed fourteen days 52 (1) in the case of an award of two or more of the punishments specified in clauses (a), (b), (c) and (ei) of sub-section (1) of section 51, the punishments specified in clause (c) or clause (d) shall take effect on1'y at the end of the punishment specified in clause (a) or clause (b) limit of punishments under section 151 5 (2) when two or more of the punishments specified in the said clauses (a), (b) and (c) are awarded to a person conjointly, or when already undergoing one or more of the said punishments, the whole extent of the punishments shall not exceed in the aggregate fifty-six days (3) the punishments specified in the said clauses (g), (b) and (c) 10 shall not be awarded to any person who ios of the rank of ranger grade i or was, at the time of cominitting the offence for which he is punished, of nch tank  (4) the punishment specified in c1ause (1) of 'sub-section (1) of sectioo1 51 shall not be awarded to any person below the rank of ranger 15 grade i 53 an officer not below the rank of an inspectol'-general may, in the prescribed manner, proceed against an officer of or below the rank of a squadron commande!', who is charged with an offence under this act, and award one or more of the following punishments, that is to say;-20 (a) forfeiture of seniority, or in the case of any of them whose promotion depends' upon length of service, forfeiture of 'service for the purpose of promotion for a period not exceeding one year, but subject to the right of the accused previous to the award to elect to be tried by a general security guard court; (b) severe reprimand or reprimand; punishmentof officers of or below the rank of squadran commanders by officers not below the rlulk of inspectors-general (c) deduction from pay and allowances of any sum required to make good any proved loss or damage occasioned by the offence of which he is convicted 54 (1) an officer not below the rank of a deputy inspector-general 30 may, in the prescribed manner, proceed against ~ person of the rank of an assistant commander who is charged with an offence nnder this act and award one or more of the following punishments, that is to say,-punishmentof persons of the rank of assistant commander (a) forfeiture of_ seniority, or in the case of any of them whose promotion depends upon the length of service, forfeiture of service 35 for the purpose of promotion for a period not exceeding one year, but subject to the right of the accused previous to the award to elect to be tried by a general security guard court; 40 (b) severe reprimand or reprimand; (c) deduction from pay and allowances of any sum required to make good any proved loss or damage occasioned by the offence of which he is convicted (2) an officer not below the rank of a group commander may, in the prescribed manner, proceed against a person of the rank of a'll as'ilistant commander who is charged with an offence under· this act and award 45 anyone or both of the following punishments, that is to say,--(0) severe reprimand or reprimand;  (b) deduction from p~y a~d ~llowances ?~ a!'1y sum required to  make good any proved loss or damage ?c<!aslonea by the offence of which he is convicted    chapter v arrest a~1l "soce!ldings bbporb 'datalcuatocb'ot denclen 55 (1) any person subject to this act who is charged with an \)ftence may be taken into security guard custody, under· the order of any superior officer 5 (2) notwithstancllng anything contained in sub-section 0), an officer may order into security guard custody any other officer, though such other officer ma, be of a higher rank, engaged in a quarrel, affray or disorder dutyot comman- der lnregard to detention h (1) it shall be the duty of every commander to take care that a ,e person under his command when charged with an offence is not detained in custody fjr more than forty-eight hours after the committal of such person into custody is reported to him, without the charge being investigated unless investigation within that period seems to him to be impracticable having regard to the public service 15 (2) the case of every person being detain~d in custody beyond a period of forty-eight hours and the reasons therefor, shall be reported by the commander to the next higher authority (3) in reckoning the period of forty-eight hours specified in sub-section (1), sundays and other public holidays shall be excluded 20 (4) subject to the provisions of this act, the central government may make rules providing for the manner in which and the period for which any persod bubject to this act may be taken into and detained in security guard custody, pending the trial by any competent authority for any offence committed by him 25 interval between committal and trial 57 in every case where any such person as is mentioned in section 55 and as is not on active duty remains in such custody for a longer period then eight days wjthout a security guard court for his trial being convened, a special report giving reasons for the delay shall be made by his commander and a similar report shall be forwarded at inter\'als of every 30 eight days until a security guard court is convened or such person is released from custody | arrest    ||-----------|| civu      || authori-  || ties     |58 whenever any person subject to this act, who is accused of an offence under this act, is within the jurisdiction of any magistrate or police officer, such magistrate or police officer shall aid in the apprehen- 35 sion and delivery to security guard custody of such penon upon recejpt of a written application to that effect signed by his commander or an officer authorised by the commander in that behalf capture oldeserter • 59 (1) whenever any person subject to this act deserts, the commander of the unit to which he belongs, shall give information· of the 40 desertion to such clvil authorities as, in his opinlon, may be able to afford assistance towards the capture of the deserter; and such authorities shall thereupon take steps for the apprehension of the said d8lerter in like manner as if he were a person for whose apprehension a warrant had been issued by a lilagtstrate, and slian deliver the deserter" whe~ appre- 45 hended into security guard custody (2) any police officer may arre&t without warrant any person reasonably believed to be' subject to this act, and to be a deserter and shall bring him without delay before the nearest magistrate, to be dealt with according to law 5 60 (1) when any person subject to this act has been absent froidi inquiry into absence without leave  duty without due authority for a peried of thirty days, a court of inquiry !hall, as soon as practicable, be appointed by an officer not below the rank of a group commander under whose command he is for the time being serving and such court shall, on oath or affirmation administered  10 in the prescribed manner, inquire respecting the absence of the person, and the defidency, if any, in the property of the government entrusted to his care, or in any arms, ammunition, equipment instruments, clothing or necessaries; and if satisfied of the fact of such absence without due authority or other sufficient cause, the court shall declare such absence 15 and the period there!)f and the said deficiency, if any, and transmit the proceedings of the court of inquiry to the officer who appointed the court of inquiry, for further action (2) if the person declared absent does not afterwards surrender or i~ not apprehended, he shall, for the purposes of this act, be deemed to be a 20 deserter,  chapter vi security guard courts61 for the purposes of this act there shall be three kinds of security guard courts, that is to 'say,-25 (a) generaj security guard courts; | kinds    ||----------|| security || guard    || courts  |(b) petty se,'urity guard courts; and (c) sumnulry security guard courts 62 a general security guard court may be convened by the central government 'or the ijirector-general or by any officer empowered in this 30 behalf by warrant of the director-general power to convene a general security guard court 63 a petty security guard court may be convened by an officer having power to conv~ne a general security guard court or by an officer empowered in this behalf by warrant of any such officer power to coavene a petty security guard court 64 a warrant, i~~sued under section 62 or section 63 may contain such restrictions, reservntions or conditions as the officer issuing it may think 35 fit  65 a general security guard court shah consist of not less that flve ofticers contents of warrents issued under sections 62 and 63 - eompoaitlop of general security guard court!  h a petty security guard court shall consist of not less than three omcerscomposi tion of a petty security guard ·cqurt 67 {1) a swnmary security guard court may be held by the commander of any unit of the security guard and he alone shall constitute the court summary security guard court (2) the proceedings shall be attended throughout by two other persons who shall be officers or assistant commanders or one of either, and who shall not as such, be sworn or affirmed provided that the persons attending the court for the trial of an officer shall not be of a rank lower than the rank of that ofti~er unless in 10 the opinion of the convening ofticer recorded in the convening order, ofti~ cers of such rank m'e not, having due regard to the exigencies of public service, available  g8 (1) if a security guard court after the commencement 'of a trial is reduced below the minimum number of officers required by this act, it 15 shall be dissolved dissolu tion of a security guard court (2) if, on account of the illness of the concerned judge attorney or, a's the case may be, deputy judge attomey-general or additional-judge attorney-general or of the accused before the finding, it is impossible to continue the trial, a security guard court shall be dissolved 20 (3) the authoritv or officer who convened a security guard court may dissolve the same if it appears to it or him that the exigencies of the service or necessities of discipline render it impossible or inexpedient to continue the said security guard court (4) where a security guard court is dissolved under this section the 25 accused may be tried again 69 a general security guard court shall have the power to try any person subiect to this act for any offence pu'llishable thereunder and to pass any sentence authorised thereby powers of a general security ~ court powers of a petty s:curily guard court 70 a petty se::urity guard court shall have· the power to try any 30 person subject to tl,is a':'t other than an officer or an assistant com· mander for anv offence made punishable thereunder and to pass any sen~ tence authorised by this ad other than a sentence of death or imprisonment for a term exceeding two years 71 (1) subject to the provisions of su~section (2), a summary secl1~ 35 rity guard court may t,~y any offence punish'lhle under this act powers of a summary ~urity guard "court (2) when there is no grave reason for immediate action and reference can, without detriment to aiscipline, be made to the officer empowered to c'onvene n pettv secnrltv force court for h'e trial of the auep,ed offender, ~n officer holding a ~ummary security guard court shall not try without 4" such reference any offence punishable under any of the sections 15, 17 and 45, or any offence against the officer holding the court (3) a summary security guard court may try any person subject to this act and under the command of the officer holding tne courr, except 5 an officer or an asslstant comma~der  (4) a summary se<:urity guard court may pass any sentence which may be passed under this act" except the sentence of death or of imprisonment for a term exceeding the limit specified in sub-section (5) (5) the limit referred to in sub-section (4) shall be,-10 (a) one year, if the officer holding the security guard court holds the rank not below that of a group commander (b) three months, in any other case prohibi tion of seco~ trial 72 (1) when any person subject to this act has been acquitted or convicted of an offence by a security guard court or by a criminal court 15 or has been dealt with under section 51 or section 53 or aectioll 54, he shall not be liable to be tried again for the same offence by a security guard court or dealt with under the said sections  (2) when any person subject to this act, has been acquitted or cop-victed of an offence by a security guard court or has been dealt with 20 under section 51 or section 53 or section 54, he shall not be liable to be tried again by a criminal court for the same offence or on the same facts 73 (1) except as provided by sub-section (2), no trial by a security guard court of any person subject to this act for any offence shall be commenced after the expiration of a period of three years from the date period i)f limibtion for trial 21: of such offence   ) (2) the provisions of sub-section (1) shall not apply to a trial for an offence of desertion or for any of the offences mentioned in section 17 (3) in the computation of the period of time mentioned' in sub-section (1), any time spent by such person in evading arrest after the commis· sian of the offence, shall be excluded 30 74 (1) where an offence under this act had been committed by any person while subject to this act, and he has ceased to be so subject, he may be taken into and kept in security guard custody and tried and punished for such offence as if he continued to be so subject (2) no such person shall be tried for' an offence, unlesi! his trial com-35 mences within six months after he had ceased to be subject to this act: trial, etc, of offender who ceases to be subject to thi act provided that nothing contained in this sub-section shall apply to the trial of any such person for an offence of desertion or for any of the offences mentioned in section 17 or shall affect the jurisdiction of a criminal court to try any offence triable by su: h court as well as by a security 40 guard court application of act during term of sentence 'is (1) when a person subject to this act is sentenced by a security guard court to imprisonment, this act shall apply to him dul'ing the term of hjs sentence, though fie is dismissed from the security guard or has otherwise ceased to t:e subject to this act, and he may be l:ept rer'loved 45 imprisoned and punished as if ,he continued to be subject to this act (2) when a peu~on subject to this act is sentenced by a securi17 guard court to death, this act shall apply to him tro the sentence is carried out placeot trial '16  any person subject to this act who commits any oftence against it may be tried and punished for such offence in any place whatever 5 choice between criminal court and security guard court 77 ~en a criminal court and a security guard court have each jurisdiction in respect of an offence, it shall be in the discretioll of the director-general, or the inspector-general or the deputy inspector-general, within whose command the accused person is serving or such other officer as may be prescribed to decide before which court the proceedings 10 shall be instituted, and, if that offi~er decides that they shall be instituted before a security guard collrt, to direct that the accused person shall be detained in security guard custody 78 (1) when a criminal court having jurisdiction is of the opinion that proceedings shall be instituted before itself in respect of any alleged 15 offence, it may, by written notice, require the officer referred to in section 77 at his option, either to deliver over the offender to the nearest magistrate to be proceeded against according to law, or to postpone proceedings, pending a reference to the central government | power     ||-----------|| crimina'l || court     || to        || require   || delivery  || of        || offender |(2) in every such case, the said officer shall either deliver ovel' the 20 offender in compliance with the requisition, or shall forthwith refer the question as to the court before which the proceedings are to be instituted, for the determination of the central government whose order upon such reference shall be flnal  chapter vii procedure of security guard courtspresiding officer '19 at every general security guard court or petty security guard court, the senior member shall be the presiding officer judie attorneys, etc 80 every general security guar4 court shall, aad every petty murlty guard court may, be attended by a judie attomey or a deputy 30 juqe attorney-general or an add:tional judge attorney-g~eral, or, if do sueh obiter is available, an omcer approved by the judie attoi1l8),-general or by any officer authorised in this behalf by the judart' attol'lley- gene'rai challen-et &1 (1) at all trials by a general security guard court or by a petty 35 security guard court, as soon as the court is assembled, the names of the ipl'esiding oflleer and members shall be read over to the accused, who shall thereupon be asked whether he objects to being tried by any officer sitting on the court (2) if the accused objects to such officer, hi's objection and ~1s0 th~ 40 reply thereto of the office objected to shall be heard and recorded, and the remaining officers of the court shall, in the absence of the cha1lel1ged offtcer, decide on the obj~tion   (3) if the objection is allowed by one-half or more of the votes ttif the ofb~rs entitled to vote, the obj~ction shall be allowed, and the me~ 45 her objected to shall retire, and hllg vaeancy may be ftlled in the phi-edw',manner, by another ,~, subject to the same rilhtot' the aceased to object (f) when no ehallenge i'8 made; or when a chauengehas been made and, disallowed" 'or the plaee di everyolftcer 'lucoei8fully challenged has 5 been filled by another officer to whom no objection is m,ctde r allowed, the court shall proceed with the trial 82' '(1) an oath or affinnation in the prescribed manner shall be administered, to every member of every security guard court and to the judge attorney, or, as the c~se may be; the deputy judge attorney-| oaths    ||----------|| ~        || jud,    || attamey  || and      || witness |10 general or the additional judge attorney-general or the oftk:er-appl'oved under section 80, before the commencement of the trial (2) every person giving evidence before a security guard court shall be examined after being duly sworn or afftrmedtn the' prescr1bedform (3) the provisions of sub-section (2) shall not apply where the wit-15 ness is a child under twelve years of age and the security guard court is of the opinion that though the witness understands the duty of speaking the truth, he does not understand the nature of an oath or affinnation 83 (l) subject to the provisions of sub-sections (2) and (3), fnery votin, by members 20 decision of a security guard court shall be passed by an absolute majority of votes; and where there is an equality of votes on either the finding or the sentence, the decision shall be in favour of the aecused (2) no sentence of death shall be passed by a general security guard court without the concurrence of at least two-thirds of the members of 25 the court (3) in matters, other than a challenge or the finding or sentence, the presiding officer shall have a casting vote 10f 1872 84 the indian evidence act, 1872, shall subject to the provisions of this act, apply to all proceedings before a security guard court general rule as to evidence judicial notice 30 8~ a securit~ guard court may take judicial notice of any matter withm the general knowledge of the members as officers of the security guard 81 (1) the convening officer, the presiding officer of a security guard court, the judge attorney or, as the case may be, the deputy judge summonin witnesses 31: attorney-general or the additional judge attorney-general or the :> officer approved under section eo or the commander of the accused person may, by summons under his hand, require the attendance, at a time and place to be mentioned in the summons" of any person either to give evidence or to produce any document or other thing 40 (2) in tbe case 01 a witness who is subject', to this, act, the summobs shall behnt to his commander and such officer shall serve it upon him accordingly (3) in the case of any other witness, the summons shall be sent to the magistrate within whose jur'sdietion 'he may be, or resides, and 'such llqiatrate sbau &ive effect to the sududodi as if the witness was requ1r  eel in the court of such a magistrate (4) when a witness is required to produce any particular document or other thing in his possesiion or power, the summons shall describe it with reasonable precision 5 87 (1) nothing in section 86 shall be deemed to effect the operation or sections 123 and 124 of the indian evidence act 1872 or to appl, to 1 of ll'll any letter, postcard, telegram or other document in the custody of the postal or telegraph authorities documents uempteel from production (2) if any document in such custody is, in the opinion of any district 10 magistrate, chief judicial magistrate court of session or high court wanted for the purpose of any security guard court, such magistrate or court may require the postal or telegraph authorities, as the case may be, to deliver such document to such person as such magistrate or court may direct r 5 (3) if any such document is, in the opinion of any other magistrate or of any commissioner of police or district superintendent of police, wanted for any jbuch purpose, he may require the postal or telegraph authorities, as the case may be, to cause such search to be made for and to detain such document pending the order of any such district magis- 20 trate, chief judicial magistl'ate, court of session or high court commissions for examination of witnesses 88 (1) whenever, in the course of a trial by a security guard court, it appears to the court that the examination of a witness' is necessary for the ends of justice, and that the attendance of such witness cannot be procured without an amount of delay, expense or inconvenience which, 25 in the circumstances of the case" would be unreasonable, such court may address the judge attorney-general in order that a commission to take the evidence of such witness may be issued, (2) the judge attorney-general jday then, if he thinks necessary, issue a commission to any chief judicial magistrate or magistrate of the 30 first class, within the local limits of whose jurisdiction such witness resides, to take the evidence of such witness (3) the magistrate or officer to whom the commission is issued, or, if he is the chief judicial magistrate, he or 'such magistrate of the first class as he appoints in this behalf, shah proceed to the place where the  35 witness is, or shall summon the witness before him and shall take down his evidence in the same manner, and may for this purpose exercise the same powers, as in the trials of warrant-cases under the code of criminal procedure, 1973' 2 of 19'74 (4) when the witness resides in a tribal area or in any place outside 40 india, the commission may be issued in the manner specified in chapter xxlii-b of the code of criminal procedure, 19'73 2 of 19'7' bxsmina-1iodol witnell 011 eommlssioft 89' (1) the :prosecutor and accused person in any case in which a commission is issued under section 88 may respectively forward any interrogatories in writing which the court may think relevant to the 45 issue, and the magistrate or officer executing the commission shall examiae the witness upon such interrogatories (2) the prosecutor and the accused person may appear before sudl malistrate or ofticer by counsel, or, except in the case of an accused person in custody, in person, and may examinea crors-examine add nexamine, as the case may be, the said witness (3) after a commission issued under section 88 has been duly ~e­cuted, it shall be returned, together with the deposition of the witness 5 examined thereunder, to the judge, attorney-general (4) on receipt of a commission, and deposition returned under subsection (3), the judge attorn'!y-general shall forward the same to the court at whose instance the commission was issued or, if such court hn been dissolved to any other court convened for the trial of the accused 10 person; and the commission, the return thereto and the deposition shall be open to inspection by the prosecutor and the accused person, and may, subject to all just exceptions, be read in evidence in the case by either the prosecutor or the accused and shall form part of the proceedings of the court 15 (5) in every case in which a commission is issued under section 88, the trial may be adjourned for specified time reaso'nably sufficient for the execution and return of the commission 90 a person charged before a security guard court,--(a) with desertion may be found guilty of attempting to desert or of being absent without leave; 20 conviction of offene not charpd (b) with attempting to desert may be found guilty of being absent without leave; (e) with using criminal force may be found guilty of assault; (d) with using tlireatenfng language may be found guilty of using insubordinate language; 25 (e) with anyone of the offences specified in clauses (a), (b), (e) and (el) of section 29 may be found guilty of any other of these offences with which he might have been charged;  2 of 1974, 30 (f) with an offence punishable under section 45 may be found guilty of any other offence of which he might have been found guilty, if the provisions of the code of criminal procaciure, 1973, were applicable;  35 (g) with any offence under this act may, on failure of proof of an offence having been committed in circumstances involving a more severe punishment, be found guilty of the same offence as having been committed in circum'stances involving a less severe punishment: (h) with any offence under this act may be found guilty of having attempted or abetted the commission of that offence, although the attempt or abetment is not separately charged  presumlion u to sipatureo 91 in ally proceeding under this act, any application, certificate, warrant, reply or other document purporting to be signed by·an oftlcer in the service of the government shall, on production, be presumed to have been duly signed by the person by whom and in the character 1d lio°'qich it purports to have been signed until the contrary is shown •• (1) any appoiatment paper p'u'porting to be sj,gned by ul appointing authority shall in piiioceedinga under this ad, ,be evidence' of the ,person appointed having given the answers to questions which he is therein represented as having given (2) the appointment of such persoll may be proved by the ,produc-5 tion of the original or a copy of his appointment paper purporting to be certified 10 be a true copy by the officer having the cuc:tody o,~ the appointment paper' preaumptioa u to ccrtaia doeumenta 93 (1) a letter, return 'or other document respecting the service of any person in, or the dismissal or discharge of any person from, any liilit 10 of the security guard, or respecting the circumstances of any person not having served in, or belonged to, any unit of the security guard, if purporting to be signed by or on behalf of the central government or the director-general, or by any other competent authority, shall be evidence of the facts stated in such letter, return or other document j 5 (2) a national security guard list or gazette purporting to be published by authority shall be evidence of the status and rank of the officers and assistant commanders therein mentioned, and of any appointment hel4 by them and of the group unit or branch of the security guard to which they belong 20 (3) where a record is made in any unit book in pursuance of this act or of any rules or otherwise in the discharge of official duties, and purports to be signed by the, commander or by the officer whose duty it ;s to make such record, such record shall be evidence of the facts therein stated (4) a copy of any record in any unit book purporting to be certi~ed to 25 be a true copy by the officer havlng custody of such book shall: be evidence of such record (5) where any pet',801l subject to this act is being tried on a charge of desertion or of absence without leave, and such person has surrendered himself into the custody of any officer or other person subject to thi's act, 10 ,or any \mit of the secw'ity guard, or has been apprehended by such oileer at' perlon, a ceirtificate pllr?orting to be signed by such ofticer, or by 'the command  of tlaeunit to which such person belongs, as the case may be, and stating the fact, date and place of such surrender or apprehension and the manner in which he was dressed, shall'be evidence' of ·the matters  so stated ' 35 (6) where any person subject to this a£t is being tried on a charge of desertion or of absence without leave and such person has surrendered himself into the custody of, or has been apprehended by, a police officer not below the rank of an officer ill charge of a police station, a certificate 40 purporting to be signed by such police offi~er and statin'g the fact, date and place of such surrender or apprehension and the manner in which he was dressed shall beevideslce of the matters so, stated (7), (a) any document purporting to be a report under the hand of ii government, scientific expert to whom this sub-section applies, upon any 45 matter or tmng duly submitted to him for ex~minatlon at' analysis and report in the c~e of any proceeding under this act, may be used as evj,dence in any inquiry, trial or other proceeding under this act ' (~) the security guard court may, if it thinks fit, 81jiildiml and examtneany web expert as to the subject matter of his report (c) where any such elq)ert is summoned by a security guard court and he is unable to attend perso'zlally, he may, unless the court has 5 expr_1y directed him to appear pe]8ol1ally, depute any responsible person working with him to attend'the court if such officer is conversant 'with the facts of the case and can satisfactorily depose in the court an hi behalf :  (d) this sub-sectio~· applies to the government sc,ientiftc experts, for 2 of 1974 10 the time being specified in sub-~ection (4)' of section 293 of the code of crimml\l procedure, 1973 -, , reference by accu· sed to government omeers m{l) if at any trial for desertion or absence without leave, overstaying leave or not rejoining when warded for service, the accused person states in his defence any sufficient or reasonable excuse for his unauthoris-15 ed absence, and refers in support thereof to any oftlcer in the service of the government, or if it appears that any such officer is likely to prove or disprove the said statement in the defence, the court shall address such officer and adjourn the pl'oceedings until his reply is received (2) the written reply of any officer so referred to shall, if signed by ~io him, be received in evidence and have the same effect as if made on oath before the court (3) if the court is dissolved before the receipt of such reply or if the court omits to comply with the provisions of this section, the cdzlvening officer may, at his discretion, annul the proceedings and order a fresh 25 trial evidence of previous convictions and general character 95 (1) when any person subject to this act has been convicted by a security guard court of any offence, such security guard court may inquiry into, and receive and record evidence of any previous convictions of such person" either by u securi ty guard court or by a criminal court, 30 or any previous award of punishment under section 5-1 or section 53 or section 54 and may further inquiry into and record the general character of such person and such other matters as may be prescribed (2) the evidence received under this section may be either oral, or in the shape of entries in, or certified extracts from, books of seculity guard 3 courts or other official records; and it iiliall not be necessary to give notice 5 before trial to the person tried that evidence as to his previous convictions ol' chartcter will be received (3) at a summary security guard court, the officer holding the trial may, if he thinks fit, record any previous convictions against the offender, his general character, and such other matters as may be prescribed, as of 40 his own knowledge, instead -of ;requiring them to be proved under the foregoing provisiolls of this sect;ion 16 (1) whenever, in the course of a trial by a security guard court, it ap~rsto the court that the person charged is by reason of unsoundness lunacy of accused 45 of mind incapable of jj,laking his defence, or that he committed ,the act alleged but was by ~~ of udsou!l'ldness of mind incapable of knowing the na~ure of the act or k;no\ving, that it was wrong or contrary to law, the court shall record a finding aecordmgly (i)  the preaiding oftieer of the· court, or, in the cae of a swrimll7 security guard court, the doer holdine the trial, shelll forthwith :report ulecase to the contlrming oftlcer, or to the authority empowered to deal with its finding under section 111, as the ease may be (3) the confirming ofileer ~o rwhom the case is repgl1ed undet bub- 5 section (2) mey, if he does ·not confirm thelflnding,take steps to have the aqcused person tried by the &me or another security, guard court for the offence with which he was charged (4) the authority to whom the finding of a summary security guard court is reported under sub-eection (z), and a confirming offieer confirm-10 ing the finding in any case so reported to him shall order the accused person to be kept in custody in the prescribed manner and ehall report the case for the orders of the central government (5) on receipt of a report uader 8ub-sectton (4), the central govemmenf may ordtu' the accused peraon to be -detained in a lunatic asylum or j 5 other suitable place of safe custody 17 where any accused pe~n, ha~ been fowld by reasan of unsoundness of mind to be incapable of making his defence, is in custody or under detentian under section 96, any officer prescribed in this behalf, may-20 subsequcnt fitness of lunatic accused for trial (a) if such person is in custody under sub-section (4) of section 96, on the report of a medical officer that he is capable of making his defence, q1' (b) if such person is detained in a jail under sub-section (5) of section 96, on a certificate of the inspector general of prisons, and 25 if 'such person is detained in a lunatic asylum under the said subsection, on a certificate of any two or more of the visitors of such asylum and if he is detained in any other place under that subsection, on a certificate of the prescribed authority, that he is capable of maki'llg his defence, take steps to have such person tried by the same or another security guard court for the offence with which he was originally charged (if, if the offence is a civil offence, by a criminal court 98 a copy of every order made by an officer under ~ction 97 for the trial of the accused shall forthwith be sent to the central governme'llt 35 transmis- sion to central government of orders undcr scction 97 ' •• where any person is in custody under sub-section (4) of section 96 or udder detention under sub-section (5)' of that sectio'zl,-keleascof junatic accued (a) if such person is in custody under the said 'ylub-aection (4), od the report of a medical officer, or q» if such pel'sonis detained under the said aub-seetton (5), an a certificate from any of the authorities 1rlefttioned: in clat1ae (b) of section 97 that in the judgment of such oilew or autherity 'lueh person may be released without danger of his doing injury to himself or tq any other person, the central government may order that such person be released detained in custody, or transferred to a public lunatic asylum if he h:: not already been sent to such an asylum delivery of lunatic accused to relatives 100 where any relative or friend of any person who is in custod 5 under sub-section, (4) of section 96 or under detention under sub-sectio! (5)' of that section desires that he should be delivered to his care and custody, the central government may, upon application by such relative or friend and, on his giving security to the satisfaction of that government that the person delivered shall be properly taken care of "8!ild 10 prevented from doing injury to himself or to any other offtcer, ~d ~ produced for the inspection of such officer, and at such times and places,' as the central government may direct, order such person to be delivered to such relative or friend ' , order for custodyaad disposal of , property pendinl trial lot when any property regarding which any offence appears to have 15 been committed, or which appears to have been used for the commission of any offence, is produced before' a security guard court during a trial, the court may make such order as it thinks fit for the proper custody of such property pending the conclusion of the trial, and if the property is subject to spee'dy or natural decay may, after recording such evidence as 20 it thinks necessary, order it to be sold 'or otherwise dispos~ of order for, disposal of property reardiq which ,oil ence is committed 102 af1;er the conclusion of a trial before any security guard court, the court or the officer confirming the finding or sentence of such security guard court, or any authority superior to such oftlcer, or, in the cale of a summary security guard court whose finding or 8e'ntence does not 25 require confirmation, an officer not below the rank of a deputy inspector-general within whose command the trial was held, may make such order as it or he thinks fit for the disposal by destruction, confiscation, delivery to any person claiming to be entitled to possession thereof, or otherwise, of any property or document produced before the court or in its custody, 30 or regarding which any offence appears to have been committed or which has been used for the commission of any offence (2) ,where any order has been made under sub-section (1) in respect of property regarding which an offence appears to have been committed, a copy of such order signed and certified by the authority making the 35 same may, whether the trial was held within india or not, be sent to a magistrate within whose jurisdiction such property for the time being is situated, and such magistrate shall thereupon ,cause the order to, be  carried into effect as if it were an order passed by him under the provisions of the code of criminal procedure', 1973 2 of 1974 40 (3) in this section, the term "property" includes in the case of property regarding which an o~ce appears to have be'en committed, not only such property as has been originally in the possession or under the control of any pe~on, but also any' property into or for which the !lame may have been converteod or exchl1nged, and anything acquired by such conversion or exchange whether immediately or otherwise 45 45 of j860 103 any trial by a security guard court under the provisions of this act shal1 be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the indian penal code and the security guard court shall be deemed to be a court within the meaning of sectkms ~45 and 346 of the code of criminal proeedure, 1973  '011974 50 powers of securjty guard court in relation to proceedings under this act  chapl'er viti ,confirmation and itsvlsion "1m no finding or sentence of "a general se'curity guard court or a p~ security guard court shall be valid except so far as it may be co~~ flrmed as provi~ed by this act  fln"lng and sentence not valid, unless cod-ftrmed los the findings and sentences of general security gmlrd courts may" be confirmed by the central government or by any omcer empowered in this behalf by warrant of the central government power to con· firm finding and seotedceof general security gu~d court 186, the findings and sentences of petty security gua~d courts may 10 be confirmed by an authority or oftlcerhaving pow~r to convene a general security guard court or by any officer empowered in this behalf by warrant of such authority or o~cer power to cod8rm tlddiq ' add sejdlaceof pett,-security guard court 107 a warrant issued under section 105 or section 106 may contain such restrictions, reservations or conditions as the authority issuing it may think fit limitation of powerot con· firming liuthorlty  powers of confirming authority to mitigate, remit or commute sentences l:'f(~ , 108 subject to such restrictions, reservation's or conditions, as may be contained in any warrant issued uncle; section: 105 or section 106, a confirming authority may, whe~ confirming the sentence of a security guard court, mitigate or remit the punishment thereby aw8l"ded, or commute that punishment for any punishment or punishments lower in the scale 20 laid down in section 47 or may set aside the proceedings of the trial if found to be illegal, revi81ono! fiadifta or atence 108 (1) any finding or sentence of a security guard court which requires confirmation may be once revised by the order of the confirming authority and on such revision, the court, if 'so directed by the confirming 25 authority, may take additional evidence  (2) the court, on revision, shall ,consi'st of the same officers as were present whe'll the original decision was passed, unless any of those officers are unavoidably absent " (3) in case of 'such unavoidable absence 'the cause thereof shall be duly 30 certified in the proceedings, and the c'ourt shall proceed with the revision provided that, if a general seeurity guard' court, it still consists of ,five officers, or, if a petty security guard court, of three officers uo the finding and sentence of a summary security guard court ahall not require to be confirmed, but may be carried out forthwith findbtl and sentence of aswn1lw'1 security guard court  trans· mission of proceedings of summary security guard court   111 the proceedings of every summary security guard court 'shall, without delay, be forwarded to the officer not below the rank of a deputy 5 inspector-general within whose command the trial/was held, or to the prescribed officer, and such ofbcer, or the director-generai or any officer empowered by him in this behalf may, for reasons based on the merits of the case, but not on merely technical grounds, 'set aside the proceedings, - , or reduce the sentence to any other sentence which the court might have 10 passed alteration of finding or sentence in cert,rin cases 112 (1) where a finding of guilty by a security guard court, which has been confirmed or which does not require confirmation, is found tor any reason to be invalid or cannot be supported by the evidence, the authority which would have had power under section 124 to commute 15 the punishment awarded by the sentence, if the finding had -been valid, may substitute a new finding and pass a sentence for the offence apeci4ed or involved in such finding: provided that no such substitution shall be made unless such ftndlng could have been validly made by the security guard court on the charge 20 and unless it appears that the security guard court must have been satisfied of the facts estabushing the said offence (2) where a sentence passed by a security guard court which has been conflnned, or which does not require confirmation, not being a sentence passed in pursuance of a new finding substituted under sub-eection 2,j (1), is found for any reason to be invalid, the authority referred to in sub-section (1) may pass a valid sentence (3) the punishment awarded by a 'sentence passed under sub-sectiod (1) or sub-section (2) shall not be higher in the scale of punishments than, or in excess of, the punishment awarded by, the sentence for which a go new sentence is substituted under this section (4) any finding substituted, or any sentence ;passed under this section shall, for the purposes of this act and the rules, have eft'ect as if it were a finding or sentence, as the case may be, of a security guard court remedy against order, ftndidi or sentence of security guard court 113 (1) any person subject to this act who considers himself aggrie-35 ved by any order passed by any security guard court may present a petitio'll to the officer or authority empowered to confirm any finding or sentence of such security guard court, and the conflrming authority may take such steps as may be considered necessary to satisfy itself a's to the correctners, legality or propriety of the order passed or as to the regu-40 larity of any proceeding to which the order re~ates (2) any person subject to this'· act who considers himself aggrieved by a finding or sentence of any security guard court which has been confirmed, may present a petition to the central government, the director· general, ot any prescribed officer superior in command to the one who 45 confirmed such finding or sentence, and the central government, the director-oeneral, of the prescr1~ ofticer, as the' case may ~, may p8ie such order thereon as it or he thinks fit annulment otproreedings 11" the central government, the director-general or an inspector-general may amu} the proceedings of any security guard court on the eround that they are illegal or unju'st,  chapter ix exbct7'd'ow of sjin'l'£nce, pardons, remissions, etcform of ledtence of death 115 in awarding a sentence of death, a security guard court shall, in its dicretlon, direct that the offender shall suffer death by being hanged by the neck until he be dead, or shall suffer death by being shot 10 to death i i '  ~qi meat,qf ' aenteaeo ofi~ ment 11~ whenever any person is sentenced by a security guard court under this act to imprisonment the term of his sentence shall, whether  it has been revised or not, be reckoned to commence on, the day on which the orlsfnal pmceedings were signed by the presiding oftieer, or in the 15 case of a summary security guard court, by the court: ~ded that the period of ' detention or confinement, if any underj~e by an accused person, during the investigation, inquiry or trial of the case in which he is sentenced and before the date on which the original proceedings were signed shall be set-off against the term of qo his sentence and the liability of such person to undergo imprisonment shad be restricted to the mmainder, if any of the term of his sentence \  exeeutiod of , leace of idlpriaod meat 117 (1) whenever any sentence of imprisonment is passed under this act by a security guard court or whenever 8'l1y sentence of death is commuted to imprisonment, the conftnning officer, or in case of a 25 summary security guard court the officer holding the court or such  other officer as may be prescribed, shall, save as otherwise provided in sub-sections (3) and (4), direct that the sentence shall be carried out by conftnemedt in a civil prison, ' (2) when a direction has been made under sub-section (1), the go commoderof the person under ge'1ttence or such other officer as may be prescribed shad f()rward a wbltant in the prescribed form to the ofticer in charge of the prison in which such person is to be confined and shall, arrange for his despatch to such prison with the warrant (3) in the case, of a sentence of imprisonment for a period not ex- 35 ceedidg three months and pass~ under this act by a se,curity guard court the appropriate officer under sub-sectio'a (1) may dlrect that the sen~ce shall be carried out by confinement in security gua1"d custody instead of in a civil pri'son (4) on active duty, a !lentence of imprisonment may be carried o~t 40 b conflde!nent in such place as the deputy inspector-general within ~ose cmnmand the person sen~ced is serving or any prescribed oftlcer, may from time to time, appoint temporary custedyof otfoodcr - 118 where a sentence of imprmonment is ~ to be undergom in a civil prison the offender may be kept in seeorlty guard custody or ,in any other tit place, till such time as it is possible to send him to a civil prison execution of sentence of imprison ment in special cates 5 ut whenever, in the opinion of an officer not below the rank of a deputy inspector-general within whose command the trial is he~ any sentence or portion of a sentence of imprisonment cannot for spec:ial reasons, conveniently be carried out in security guard custody in i accordance with the provisions of section 117, such oftlcer may direct that such 10 sentence or portion of sentence shall be carried 'out by confinement in any civil prison or other fit place , tad a person under 'sentence of imprisonment mayd1ll'idg h1a conveyancp from place to place, or when on board a ship, aircraft, or otherwise, be subjected to such restraint as is necessary for his safe 15 conduct and removal con veyance of prisoder from place to ~ace tal whenever an 'order is duly made under this act setting aside or varying any sentence, 'order or warrant under which any person is confined in a civil prison, a warrant in accordance with such order shall be forwarded by the officer making the order or his staff oftk:er or such communi cation of certain orders to prison ofbcers 20 other person as may be prescribed, td the officer in charge of the' prison in which such persdn is confined execu tion of sentence of finc 2 of 1974 122 when a sentence of fine 'is imposed by a security guard court under section 45, a copy of such sentence signed and certified by the confirming dtlicer, dr where nd confirmatidn i's required, by the o1rcer 25 holding the trial may be sent to any magistrate in india, and such magistrate shall thereupon cause the fine td be recovered in accordance with the provisions 'of the code of criminal prdcedure, 1973, as if it were a sentence 'of fine imposed by such magistrate informality or error in the order or warrant 123 whenever a'ny person is sentenced to imprisonment und~ this 3d act, and is undergoing the sentence in any place or manner in which he might be confined under a lawful order or warrant in pursuance of this act, the confinement of such person &hall not be deemed to be ~1 only by reason of informality or error in, or as respects, the order, warrant or other document, or tho authority by which, or in pursuance 35 whereof such person was brought into, or, is confined in any such place, and any such order, warrant or document may be amended accordingly pardon and reo mlaiod 124 when any person subject to this act has been convicted by a security guard court of any offence, the central govermnent lor the director-general or, in· the case of a  sentence, wilich he could have 40 confirmed or which did not require confirmation, an officer not l?e1ow the rank of deputy in'spector-general within wh9se command such penon at the time of convietion was serving, or thelpl'escribed oftlcer may-,-(a) either with or without conditions which the pet80nle11te11ced accepts, pardon the person or remit the whole or any part of the 45 punishment awarded; or (b) mitigate the punishment awarded; or (c) commute such punishment for any let8 punishment or punishments mentioned in this act; or (d) either with or without conditions which the person sentenced accepts, release the person on parole  125 (1) if any condition on whicha person has been pardoned or 5 released on parole or a punishment has been remitted is, in' the opinion of the authority which granted the pardon, release or remission not fulfllled, 'buch authority may cancel the parcron, release or remission, and thereupon the sentence of the court 'shall be carried into effect as if such pardon, release or remission had not been granted 10 cancel-iationof condi tional pardon, release on parole or remission (2) a person whose sentence of imprisonment is carried into effect under the provisions of su~tion (1) shall undergo anly the ubexpired portion of his sentence 1216 (1) where a person subject to this act is sentenced by a security guard coun to imprisonment, the central government, the 15 director-general or any officer empowered to convene a general security guard court may suspend the 'sentence whether or not the offender has already been committed to prison or to security guard custody sus pension <>faen tenceo1 imprison· ment (2) the authority or officer specified in sub-section (1) may, in the case of an oftender so sentenced direct that until the orders of such 20 authority or officer have been obtained the offender shall not be committed to prison or to security guard custody (3) the powers conferred by sub-section (1) and (2) may be exercised in the case of any such sentence which has been confirmed, reduced or commuted 25 orders pending sus· pension 127 (1) where the sentence referred to in section 126 is imposed by a security guard court, other than a summary security guard court, the confirming officer may, when confirming the sentence, direct that the offender be not committed to prison or to security guard custody until the orders of the authority or officer specified in section 126, have been 30 obtained " (2) where a sentence of imprisonment security guard court, the officer holding direction referred to in sub-section (1) 128 where a sentence is suspended under 'section 126, the offender 35 shall forthwith be released from custody release on sus-pediiion ;]21 any period during which the sentence is under suspension shall be reckoned as part of the term of 'such sentence computa tioa of period of suapenaion 130 the authority or officer specified in section 126 may, at any  time  while a sentence is suspended, order,-40 order after iulpcasion (a) that the offender be committed to undergo the unexpired portion of the sentence; or (b) that the sentence be remitted recon· sideration of case after sus· pension  131 (1) where a sentence has been suspended, the case may at anr time, and shall at intervals of not more than four' months be reconsidered by the authority or ofticer specified in section 126, or' by any 01!icel" not below the rank of a deputy inapector-general duly authorised by the authority or officer specified in section 126 5 (2) where on such recanaideration by the oftlcer so authorised it appears to blm tilat me conciuct of the offender since his convic'tlon has lje~n such as to justuy a remiss>on of the sentence, he shall refer the matter to the authority or officer specilled in section 126 10 132 where an offender, while a ie!'dtence on him is suspended under this act, is sentenced for any other offence, then-fresh lentence after sus· pension (a) if the furth~ sentence is also s~pended under this act, the two sentences shall run cancurrently; 15 (b) if the further sentence is for a period of three months or more and is not suspended under this act, the offender shall also be committed to prison or security guard custody for the unexpired portion of the prev,ious smtence, but both sentences shall run concurrently; and 20 (c) if the further sentence is for a period of less than three months and is not suspended under this act, the offender shall be so committed on that sentence only, and the previous sentence shall, subject to any order which may ,be passed under sectian 130 or section 131 continue to be suspended 133 the powers conferred by sections 126 and 130 shall be in addi-!2~ tion to, and not in derogation of, the power of mitigation, remission and ,) t ti commu a on | scope    ||----------|| power    || of       || ius-     || pedsion |134 (1) where in addition to any other sentence the punishment of dismissal has been awarded by a security guard court, and such other se'lltence is suspended under section 126, then, such dismissal shall not take effect until so ordered by the authority or ofticer speclfted in go section 126 effect of sus· pension and remission on (2) if such other sentence is amrltted under section 130, the punishdismissal ment of dismissal shall al!io be remitted  chapter xmiscellanlx>us 35 135 (1) the ofticers and other members of the security guard shal:l rank be classified in accordance with their ranks in the followin, categories, structure name1y:-(oij) ofti~rs-(i) director general 40 (ii) additional director general (iii) inspector-general (iv) dep~ty inspector-general ('d) group commander (vi) squadron commander (vii) team commander (b) assistant commander&-(viii) assistant commander grade i (iz) assistant commander grade ii (x) assistant commander grade iii (c) persons other than officers and assistant commanders-(xi) ranger grade i (xii) ranger grade ii (xiii) combatised tradesmen 10 (2) the matters relating to inter se seniority of persons belonging to the same rank shall be determined in accordance with such rules 88 may be prescribed (3) notwithstanding' anything contained in this act, the director-general may, subject to confirmation by the central government as 15 provided hereinafter, grant to an officer or assistant commander grade i a rb'llk, mentioned in clause (a) of sub-section (1) as a local rank, whenever considered necessary by him in the interest of better functioning of the security guard (4) an officer or assistant commander grade i holding a local rank,-!;io (oa) shall exercise the command and be vested with the powers of an officer holding that rank; (b) shall cease to hold that rank, if the grant of such rank is not confirmed within one month by the central government, or when so ordered by the director general or when he ce'8ses to hold 25 the appointment for which the rank was granted; (c) shall not be entitled to claim any seniority over other officers by virtue of his having held such local rank; and (d) shall not be entitled to any extra pay for holding such rank 138(1) subject to the provisions of sub-section (4), the following 30 deductions may be made from the pay and allowances of an officer, that is to say,-deductions from pay and allowances (a) all pay and allowances due to an officer for every day he absent3 himself without leave, unless a satisfactory explanation has been given and accepted by the inspector-general under whom he 55 is for the time being serving, and for every day of imprisonment awarded by a criminal court or a security guard court; (b) any sum required to make good the pay of any person bubiect to tbis' act which the officer has unlawfully retained or unlawtully refused to pay; 40 (c) any sum required to be paid as fine imposed by a criminal court; !   ~ (d) any bum required to make up any loss, damage or destrl1c-tion of pubuc property or property belonging to the security guard  which, after due investigation, appears to the inspector-general 45 under whom the officer is for the time being serving, to have been ocguioned by wrongful act or negugence on 'the part of the oftlcer; (e) any sum required by an order of the central government to be paid for the maintenance of his wife or his legitimate or illegitim~te child or step-child or towards the cost of any relief given by the said government to the said wife or child 5 (2) subject to the provisions of sub-section (4), the following deducti?ns may be made from the pay and allowances of a person subject to this act, other than an officer, that is to say,-10 (a) all pay and allowances due to him for every day of absence either on desertion or without leave unless a satisfactory explanation has been given and accepted by his commander and for every day of imprisonment awarded by a criminal court, a security guard court dr an officer exercising authority under section 51; (b) any sum required to make good the pay of any person subject to this act which ,he has unlawfully retained or unlawfully refused to pay; (c) any sum required to make good such compensation for any expenses, loss, damage or destruction caused by him to the central government or to any building or property or any private fund of the security guard as may be awarded by his commander; 20 (d) any sum required to be paid as fine imposed by a criminal court; (e) any sum required by an order of the central government to be paid for the maintenance of his wife or his legitimate or illegitimate child or step-child or towards the cost of any relief given by 25 the said government to the said wife or child (3) (il) no person shall be treated as absent or under imprisonment for a day unless the absence or imprisonment has lasted, whether wholly in o'lle day or partly in one day and partly in another, for six consecutive hours or upwards 30 (ii) any absence or imprisonment for less than a day may be reckoned as absence or imprisonment for a day if such absence or imprisonment prevented the absentee from fulfilling any duty as a member ~f the security guard which was thereby thrown upon some other member 35 (4) the total deductions from the pay and allowances ofa person made under clauses (b) to (e) of sub-section (1) or clauses (b) to (e) of sub-section (2) shall not, except where he is sentenced to dismissal, exceed in anyone month, one-half of his pay and allowances for that month (5) any sum authorised by this ad to be deducted from the pay and 40 allowances of any perso'll mav, without prejudice to any other mode of recovering the same, be deducted from any public money due to him other than a pension (6) the following shall be the authorities competent to order de-45 ductions from pay and allowances under this act, mmeir:-(a) commanders not below the'rank of group commanders, in  ule case of persons other thaa officers; (b) inspector-ge"e~a1, in the case of pf!icers, (7) any authority superior to the one ordering any deduction under t1rl, act shall be competent to remit the whole or 'part of the said deduction (8) any power conferred by the provisions of this section on an officer may be exercised by an officer or authority superior in command 5 to the first mentioned oftlcer power, 8dd duties conferable and im· poublo 137 (1) the central government may, by general or special order, published in the official gazette, direct that, subject to such conditions and ~tations as may be specified in the order, any member of the secunty guard may exercise or discharge' such of the powers or dutdes io under any central act as may be specified in the said order, being the powers and duties which, in the opinion of the central government, an officer of the corresponding or lower rank is by such cellttal act empowered to exercise or discharge for the said purposes on members otthe security guard (li) the central government may, by general or special order public- 15 shed in the official gazette, confer or impose with the concurrence of the state government concerned, any of the powers or duties which may be exercised or ctischarged under a state act by a police oftlcer upon a member of the security guard who, in the opinion of the central government, holds a corresponding or higher rank 20 (3) every order made under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session for a total period of thirty days which mav be comprised in one session or in two or mote successive' sessions and if before the expiry of the session immediatelv following the session or the successive 25 sessions aforesaid, both houc;es a~ee in making anv modification in the order or both houses agree that the' order should not be made, the order shall thereafter have effect on1v in sueh modified form or be of no effect, as the case may be, so, however, that any such modification or annulment sha'l be without prejudice to the validity of anything 30 previously done under that order 138 (1) in any suit or proceeding a~ainst any member of the security guard for any act done by him in pursuance of a warrant or order of a competent a~thority, it shall be lawful for him to plead that such act was done by him under the authority of such warrant or order 35 protection tor actsot 1'denjbers oltho security guard (2) anv such plea may be proved bv the production of the warrant or order directin~ the act, and if it is so proved, the member of the se'curitv guard shall thereupon be discharged from liability in respect of the ~ct: so done by him, notwithstandinrt any defect in the jutisdiction of the authority which issued such warrant or order ,~ (3\ notwithstandinr: anvthine: contained in any other law fot' the time being in force, any lee:a1 proceedine: -(w'hether civil or criminal) which may lawfully be brought against anv memher of the serurity guard for anything done or' intended to be done under the' powers conferred by, or in pursuance of any provision of this act 'or the rul~, 45 shall be commenced within three months after the act comnlained of 'was committed and not otherwise and notke in writinll' of such proceedine: and of the cause thereof shall be given to the defendant or his superior oftlcer at least one month before the commencement of such_ 50 proceeding l39: (1) the ce'zltral government may, by not1ftcauon, make·ruld for carrying out the provhuohs of this· act power tomu:e rules (2) i~ particular and without prejudice to the generality of the foregoing power, such rules may provide fot all or any of the following 5 matters, namely:-(a) the manner in which the security guard shall be constituted and the co'llditions of service of its members under sub-sec;uan: (1) of section 4; (b) the nature of the book or letuu" or other document, the 10 conununication or publication whereof would not be restricted by sub-section (1) of section 12; (c) the purposes other than political purposes for which a person ' subject to the act shall not participate in, or address any meeting or demonstration under sub-section (2) of section 12; 15 (d) the purposes for which the forfeiture' of service as a punishment may be inflicted under sub-section (1) of section 47; (e) the ma'llller in which officers may be proceeded against under section 5'3 and sub-sections (1) and (2) of section 54; <f) the manner in which and the period for which any person 20 'subject to this act may be taken into and detained in security guard custody pending his trial under sub-section (4) of section 56; (g) the manner in which a court of inquiry enquiring into the absence of person, shall administer oath or affirmation under subsection (1) of section 60; 25 (h) the' manner in which a vacancy may be filled in on the retirement of a member of general securitv guard court or a petty security guard court under sub-section (3) of section 81; (~) the manner in which oath or affirmation shall be admini  tered to the members of" the security guard courts and the judge 30 attorney, etc, under sub-section (1) of section 82; (j) the manner in which a person spying evidence before a security guard court shall be sworn or affirmed in under sub-section (2) of section 82; i (k) the manner in which a security guard court when convict-~ &; ing 9 pet"son may inquire into under sub-section (1) of section 95; (1) the manner in which an accused person shall be kept in custody under sub-section (4) of section 96; (m) the form of the warrant which shah be forwarded to the ofticet' incharge of the prison in which a person under sentence ot 40 imprisonment is to be conferred under sub-'section (2) of section 117; (11) the iljerso'll who shall forward the 'warrant for the confinement of a person in a civil prison under section 121; 45 (0) the matters rdatinst to inte-r !'ie senioritv of nersons belonging to the same rank under sub-section (2) of section 135; (1') the authorities or officers to be prescribed under section 7, sub-section (2) of section 10, bub-section (1) of section 12, section 77, section srr, section 111, sub-section (2) of section 113, sub-sections (1), (2) and (4) of section 117 and section 124; (q) any other matter which is to be, or may be prescribed or in respect of which this act makes no provision or makes insufti· cient provision and provision is, in the opinion of the central govern· 5 ment, necessary for the proper implementation of this act (3) every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a tolal period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session 10 immediately following the session or the successive sessions aforesaid, both houses agree' in making any modification in the rule or both houses agree that the rule should, not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without 15 prejudice to the validity of anything previously done under that rule 140 (1) the national security guard in existence at the commencement of this act shall be deemed to be the security guard constituted under this act pro vilion asta existing national security guard (2) the members of tbe national security guard in existence at the 20 commencement of this act shall be deemed to have bee  appointed as such under this act (3) anything done ql" any action taken before the commencement of this act in relation to the con'stitution of the national: security guard referred to in sub-section (1), in relation to any person appointed, shall 25 be as valid and as aftective in law as if such thing or action was done or taken under this act: provided that nothing in this sub-section 'shall render any person guilty of any offence in respect of anything done or omitted to be done by him before the commencement of this act 30 for quite sometime past, terrorism has been steadily a'suming menacing proportions in the country these elements have been indulging in wanton killings, arson, looting and other heinous crimes such as hijacking, mass murders, etc with the object to overawe the government to terrorise create fear and panic in the minds of cltizens and to disrupt communal peace and harmony with a view to effectively combating such terrorist activities in diiferent states and to protect the states against internal diaturbances, the central government decided to raise a special armed f~,, consequently, the" national security guard was raised in the middle of 1984 when the directorate-general of national security guarcl was set up under the command of a senior police officer designated u the director-c'nmeral of the national security guard 2 the national seeurity guard shall serve as a contingency deployment force to deal with terrorist activities in various states however, considering tbe dature nnd purpose of the force and the o!xperience gained dlll'idg the last two yeal's, it has been felt that the force should be regulated by a selt-contained l'itatute which will provide jr its special npeds more rarticulariy in matter!: of disciplinp 3 while taking care, that the national security guard does not lose its character as an armed force of the union charged with combating terrorist activities within the country, the bill seeks to ensure that highest standards of efficiency and discipline are maintained in this force accordingly, the drafting the present bill, the provisions of the army act, 1950 and the border security force act, )968 have been borne in mind 4 the bill provides for the constitution ot the national security guard and for deeming the existing national security guard as the force constituted thereunder it provides for the conditions of service of the members of the force in particular, pursuant to article 33 of the constitution, provisions have been inserted in the bill to restrict or abrogate the application of some of the "fundamental rights to the members of the force in so far as this is necessary for the maintenance of discipline the bill sets out the offences for which the members of the force may be tried it provides tor the constitution of security guard courts for the trial of such offences it specifies the procedure which would be followed by the security guard courts and makes applicable the provisions of the indian evidence act, 1872 to the proceedings of the said courts the bill seeks to achieve the above objectl buta singh new dam; the 4th july, 1986 clause 2-this clause defines the various expressions used in tl¥t bill sub-clause (1) (a) of this clause defines 'active ,duty' broadly a~king ac:eordingto this definition a member of, the security gu~d will be on ac:tiveduty during the period he is attached to or fon'ns part ofa unit of ,the security guard which is engaged in operation, apinst, terrorist or any person in arms against the union or whichis ~rating at a picket or engaged on patrol or any other duty in relation to cqmbating terrorist activity , ~ offences such as under clauses 16, 20 and 21 are punishable more severely when committed on active duty the, de~ition is model-~ on the aeftnition of 'active service' in the army act, 1950 the definitions of "civil offence", "civil prison", "criminal code" and "offence", are based on the definitions of these expressions in tho army, act, 1950 sub-clause (1) (y) defin('s the word 'terrorist' tht' definition i, similar to the one given in thp terrorist and disruptive activities (prevention) act, 1985 clause a-this clause specifies the persons subject to the propos('d legislation clause 4-this clause provides for the constitution of the national security guard it has to be read with clause 140 which deals with the existing national security guard clause 5-this clause provides for the general superintendence direction and control of the security guard and appointment of officers of the security guard clawe 6-this clause provides for liability of members of the' security guard for service in and outside india clcjuse 7-this clause deals with the resignation and withdrawal from the post by any member of the security guard clauses 8 to n-these clauses deal with the tenure of service, etc  of members of the, security guard clause 12-this clause seeks to impose certain restrictions on the rights of the members of the security' guard to form associations, freedom of speech, etc ' clauses 13 fmd if-these clauses provide for l'ej'iledy or aggrieved persons including oftlcers ' ' '   ",' ,  claube$ 15 to 44-tbese clauses seek to constitute offences under the proposed legislation and penalise the members of the ~rity g~ard for the various acts prejudi'cial to the maintenance of discip1inei good order and efficiency of the security guard these clauses follow, subject to certain modifications, the provisions relating to offences contained in sections 34 to 68 of the army act, 1950 the modifications relate, apart from the non-inclusion of provisions peculiar to the army, to reduction in the punishment for certain offences claus~s 45 and 46-these two clauses lay down that all civil offences committed by the members of the security guard within or beyond india shall be deemed to be the offences under the proposed legislation and shall be triable by security guard court exception under section 46 has, however, been made in respect of the civil offences of murder, culpable homicide not amounting to murder and rape in relation to civilians where such offences are committed by the members or the security guard while not on active duty clause 47-this clause sets out the various punishments which may be awarded by security guard courts clause 48-this clause enables a security guard court to take into account the nature and degree of the offence committed and award to the person convicted of any offence under clauses 15 to 44 the punishment 'prescribed by the relevant provision or punishment lower in the scale within the meaning of clause 47  clause 49-this clause specifies the punishments which may be awarded in combination by a security guard court clause 5o-this clause permits infliction of minor punishments without the intervention of a security guard court  clauses 51 to 54-clause 51 seeks to authorise a commander of and above the rank of group commander to proceed in the prescribed manner against any person other than an officer or an assistant commander and award one or more punishments specified in the clause clause 52 imposes certain limitations in respect of award of these punishments clause 53 authorises an officer not below the rank of inspector-general to proceed in the prescribed manner against an officer 1)£ or below the rank of squadron commander and award one or more punishments speci1l&d in the clause clause 54 proviaes for punisnment i)f persons of the rank: of an assistant commander by officers not below the rank of group commander clauses 55 to go-these c~uses deal with arrest· and proceedings before trial clause 55 provides that ,any person charged with an offence under the proposed legislation may be taken into security guard custody under the orders of any superior officer but an officer who is engaged, in a quarrel, affray or disorder may be ordered into security guard custody even by an oftlcer inferior in rank clause 56 provides for the duty of commander in regard to detention the charge' against any person taken into securi~ guard custody must be investigated within forty-elght hours unless fllvestlgation within· that pi!rioa seems to be impracticable having regard to the public service in case of delay the matter has to be reported to superior authorities' 'clause fj1 provides that ill every cue where any person who 11 not on active duty remains in security guard custody for a longer period than eight days without a security guard court fojr ~s trial being comrened, sp~ report giving reasons for the delay shall be made by his commander and a similar report shall be forwarded at intervals of fnery eight days until a security guard court is convened or such person is released from custody clauses 58 and 59 provide for assistance by magistrates, police officers and oiher civil authorities in the matter of apprehension and arrest of persons accused of offences under the legislation and deserters from the security guard clause 60 provides for enquiry into absence of a person subject, to the legislation without leave clause 61-this clause provides for three kinds of security guard courts, namely, general security' guard courts petty security guard courts, and summary security guard courts, for the trial of offences under the proposed legislation the provisions in the bill relating to these courts are based, subject to some modifications, on the provisions of army act, 1950 relating to courts martial the important modification is that while the army act provides for four kinds of courts martial, the bill provides for only three kinds of security guard courts clause,; 62 to 71-these clauses deal with convening, composition and dissolution of security guard courts and their powers clause 72-this clause provides that a person subject to the proposed legislation who has been acquitted or convicted of an offence by a security guard court or a criminal court or has been dealt with under clause 51 or clause 53 (relating to imposition of minor punishment by certain officers) shall not be liable to be tried again by a security guard court and dealt with under the said clauses it thus prohibits second trial in respect of the same offence under this legislation cza~e 73-this clause prescribes three yean period of limitation for trial of offences under the act except the offence of desertion and any of the offences mentioned in clause 17 cza~ 74-this clause deals with the liability of a person who has ceased to be subject to the legislation after the commission of an offence thereunder clause 75-this clause provides for the continued application of the proposed legislation during the term of sentence clause 76-this clause deals with ·the place of trial clauses 77 and 78-these clauses deal with choice of forum for ,the trial of an offence in respect of which botha security guard court and an ordinary criminal court has concurrent jurisdiction clauses 79 to l03-these clauses deal with procedure of security guard courts and are based upon section 128 to sectiqn 15z of the army act, 1950 which deal with procedure ofcouns ·maia1 ,in par;ticular, clause 84 seeks ~ apply the "prov1;bions of the'rndlanj!mdence act, 1872 to all proceedingsbef~ a'~ul'ityguard :~outt '"   , clautes 104to u4-theseclausesdealwith eol1ftrmation ana r~n of findings ands&~te~e of security guard courts these muses follh\v elosely the provision contained in sections 153 to 165 of the army act 1950 in regard: to confirmation and revision of sentences of courts martial clau~s 115 to 134-these clauses deal with execution of sentences of security guard coutts, pardon of persons convicted by such courts, re~ions of such sentences, etc these clauses follow corresponding provisions contained in sections 166 to 190 of the army act, 19m  clause 135-this clause provides for the rank classification of offtcers and other members of the security guard clause 136-this clause provi4es for the deductions that may be made from the pay and allowances of officers and other persons subject to the act clause 137-sub-clause (1) of this clause empowers the central government to direct exercise of such powers and discharge of such duties by members of the security guard as are exercisable or dischargeable by an officer of the corresponding or lower rank under any central act similarly sub-clause (2) of this clause empowers the central government to confer or impose, with the concurrence of the state government, any powers or duties under any state act upon the members of the security guard of corresponding rank clause 138-this clause provides for protection of acts of the members of security guard and it follows the provisions of section 17 of the central reserve police force act, 1949 clause 139-this clause deals with the powers of the central government to make rules, clause 140-this clause provides that the existing national security guard shall be deemed to be the national security guard constituted under the proposed legislation and makes the necessary and saving provisions in regard to persons appointed: to the existing national se('urity guard and as to actions taken and things done in relation to the constitution of the existing national security guard clause 4 of the bill provides for the coiistitution of the national security gu&rd clause 5 provides for appointment of certain olftcers of the security guard while clause 80 read with clause 2 (1) (m) deals with appointment of judge attorney-general and other officers of his set-up  2 the national security guard, which was raised for combating terrorist activities with a view to protect the states against internal disturbances will be deemed to have been constituted under the proposed legislation (vide clause 140) 3 au expenses incurred in connection with the administration of the security guard would be met from the consolidated fund of india as the security guard has already been constituted, no additional expenditure of a non-recurring nature is likely to be involved when the bill is enacted and brought into force the recurring expenditure on the administration of the security guard during 1985-86 was of the order of rs 3,86,08,97200  memorandum regarding d!legated legislationclause 139 of the bill empowers the central government to make rules for carrying out the provisions of the proposed legfstation the matters in respect of which rules may be made, inter alia, relate to the constitution, superintendence, command and discipline of the security guard; conditions of service of the members of the security guard (including deductions from pay'am!'li11owances); 'the rank, powers of command and authority of the officers and other members of the security guard; the matters required to be prescribed under clause 12 of uie bill; the manner of filling in of vacancies on the retirement of members of the security guard courts; the procedure to be followed by such courts and other matters relating thereto 2 the matters in respect of which rules may be made under clause 139 are essentially matters of detail or procedure and are merely ancilliary to the proper implementation of the legislation the dele-~fltion of legislative power is thus of a normal character a bill 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 ", (shri buta sitlgh, iii,"" t1/ home algi"') 