 bii no 153 of 1985   the intelligence organisations (restriction of  rights) bill, 1985a bill to provic:{e for the restriction of certain tights conferred by part iii: of the constitution in their application to the members of certain organise, ti0n3 established by the central government for purposes of,, inwuigence ot c01lnter-intelligence so as to ensure the proper discharge at their duties am the ,maintenance of discipline among them be it enacted by parliament in the thirty-sixth year of the republic of india ~s fouows:- - r 5 1: (1) this act may be called the intelligence organisations (restric-~hort tion of rights) act, 1985 title, ex· feilt iiid (2) it extends to the whole of india mellt (3) it shall come into force on such ,date as the centr8i government may, by notification in the official gazette, appoint  2 in this act unless the context otherwise requires;-defid1-tions - > (a) "intelligence organisation" means any organisation esuib-10 lisbed by the central govenunent", for purposes of intewgence or counter~jntetiigence and specified in the schedule; (b) "member of an intelligence organisation" means any pergon appointed to, or employed in,any intelligenct! organisation; (c) l11qrascrjl~"'d" "qeans prescribed by rules made under this act, 3 (1) ·no member of an intelligence organisation shall,-,(4) be a member of, or be associated in any way with, any' trad~ union, labour union, political association or with any class of trade unions, labour un:'ons or polittcal associations;" or rutriclioas  pectiq rijht'to farm aiio-c:iatioa, freeciodi of ,eecb, otc (b) be ,a member of, or be associated in any way with, or raise 5 funds for, or hold oftlce'in, or function in any othe~ manner for, any other society imrtftution, association or organisation that is not recognised by' the cmtral government as part of tht; intelligence' organisation ot' which he is a member or is not of a purely social,  recreational or: r,eligious nature; or ' 10 - (c)' commurtfa 'te with the press or publish or cause to be pubushed any book, letter pamphlet, poster or other document except with  the prior permission ,-of the head of ,the intelligence organisation; or (d), except for put~1)oses of official duty,contact, or communicate with any person on any matter relating to functioning, structure, 15 personnel or organisational ~ffairs of the intelligence organisation of which he is a member; (e) use the name of theluteliiglmce organisation of whi~h he is a member for purposes not autliorised by the head of the intelligence organisation or in any other marmer except for purposes relating to 20 the official work and functioning of the' ,~rganisation itself explanation-lf any question arises as to' whether any society, institution, association or organisation is of a purel~y social, recreational or  religious nature under rlallse (b) of this subsa ,tion, the decision of the central government thereon shall be final 25 (2) no member of an intelligence organisati()"l, shall participate in, or address, ,any' meeting or take part in any demon~·tration organised by anybody of persons for any political purposes or for :such other purposes as may be prescribed \   penalty  4 any person who contravenes any of the provisions of section 3 30 shall, without prejudice to any other action that may be ta~en against him, be punishable with imprisonment for a term which may e:ctend to two years, or with fine which may extend to two thousand rui't'es, or with both ', 5 notwithstanding anything contained in the code of criminal pto:' 3vc\ cedure, 1973, all offences punishable under section 4 shall be cogni~ble, ~' of 1974 offences to be cognizable ~ power to amelid  schedule 6 (1) the central government m~y, by notification in the official gazette, amend the schedule by including therein any other organisation established by the ce~tral government for purposes of intelligence or counter-inte11i~ence or by omitt~g therefrom any organisation already 40 specified therem and on the publication of the notification, such organisation shall be deemed to be specified in, or, as the case may be, omitted from, the schedule , (2) a copy of every notification issu,d under sub-section (1) shall, as soon as may be after it is issued, l;le laid be1o~e eaeb house of parliament, 45 7 (1) the central government may, by notification in the oftlclal power gazette, make rules to carry out the purposes' of this act to make rules (2) every rule made by, the central government under this act shall be laid, as soon as may be after iti! made, before each house of parlia-5 ment, while it is in session for a total 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 immediately following the sesn 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, 10 the rule shall thereafter have effect only i~ such modified form or be of no effect, as the case may be; so, however, that any such modi~cation or annulment shall be without prejudice to the validity of anything previowily dorie under that rule  the schedule15 (see sectioq 2(a) and section 6(1) 1 the intelligence bureau 2 the research and analysis ~ing thecoutltution (flftieul ametidment) 'a~, 1984- has ani~4!d·atttcle 33·0£ the constitution, so as to "bring within ita purviawpersona employedm any bureau or other organisation established' by the state for purpoeea of intew«ence or eounter"intelligtmce and pm-soils employed iri, or in connection with, the tele-communication systems set up for the purposes of any foree, bureau or organisation refetred to in th~ said article the parliament is, thus, now empowered to enact a law determining td what extettt any of the rights conferred by part ni of the constitution shall, in their application to the persons wot:king in intelligence' bureau(m), and research and analysis wing (r&a w), be restricted or abrogated, so as to ensure the proper discharge of duties, and the maintenance of discipline among them ' ri' '''£, 2 it is, therefore, proposed to enact a law with a view to check the tendency of growing mdisdpllite in these highly sensitive organisations and thereby to ensure that the personnel of these orpsatioda work with total dedication and discipune in the discharge of their duties 3 the bill seeks to achieve the above objects new damj s b chavan the 7tj, august, 1985' :"'-··i'·~'   memorandum regarding delegated legislationsub-clause' (3) of 'clause 1 of the bill empowers the central government to appoint the date on which the proposed legislation, when enacted, will come into force sub-clause  (2) of clause 3 'of the bill 'empowers· the central government to prescribe the purposes of any meetings or uemonstration in which a member of an intelligence oirganisation shall be precluded from participating  clause 6 of the bill empowers the central government to amend the schedule to include therein any organisation established by the central government for purposes of intelligence or counter intelligence or omit tberfrom any organisation already specified' therein it is not popsible to visualise at this stage what other intelligence or counter-intelligence organisatons may have to be included in the schedule particularly as it may be found necssary in future to further establish such' organisations having regard to this circumstance, the powers delegated are of a normal character 2 clause 7 of the bill empowers the central government to make rules to carry out the purposes of the proposed legislation' the matters in respect of which rules may be made are matters relating to procedure or detail moreover, the rules and the notification under clause 6 shad - de' subject to sc~tiny of parliament thus the deleg~tion of legislative power is of a normal char8cter ' '  ' ""',  i  :'  a billto provide for ~ reatriction of certain rights c~nferre4 by ~n in of tile 'codsti~~~ 'in ~ei,r ~pl!cation to t~ ~rs of ~ ~-tiods established \;;" the cedtral gove  " t for" ' , of' ~~-"? l'ilijl8d ~    pnce or counter-intelligence so as to ensure the proper discliarje of their duties and the maintenance of discipune among them , (shri s b chavan, minib'tet of home alai"',) 