 biji no 204 of 1980 11i's national security bill, 1980- b~ ,1, 'liz; tor ~""'e tielention in "lain cases and tor matters connected tht:rttrlllh '  itdn  " "yp~t inthe ~y-first year of the republic of inma as fouows:-;~i ";1 (j}'ihii'acjti,be·callcdthe national security act, 1980 short title (2) it ~xt~nas to th" whole of india except the state of jammu and kashmir and ~ in this act, unless the context otherwise requires,-extent 5 definition& (q) ':wp{qpriate government" means, as respects a detention order ':0~'''y~ ~ntral government or a person detained under such order, • ~ ~qpy~~pt, and as respects a detention order made by a ,,sj~i;,oqyer-mc;ot or j>y an officer subordinate to a state government or 10 !el!pqcts ~ pt:il'~qn dc::tained under such order, the state government; (b) "detention order" means an order made under sect~n 3; (c) "foreigner" has the same meaning as in the foreigners act, 1946; 31 of 1946 (d) "person" includes a foreigner; (e) "state government", in relation to a union territory, meabs the administrator thereof s 3 (1) the central government or tke state government may,-(a) if satisfied with respect te any person that with a view to preventing him from actiag in any manner prejudicial to the defence of india, the relations of india with foreign powers, or the security of india, or power to make orden detaining certaia persons (b) if satisfied with respect to any foreigner that with a view to rep-10 lating his continued presence in india or with a view to malditg arransements for his expulsion from india, it is necessary so to do, make an order directing that such person be detained (2) the central government or the state government may, if satisfied with respect to any person that with a view to preventing him from actine in any is manner prejudicial to the security of the state or from acting in any manner prejudicial to the mailltegance of public order or from acting in any manner prejudicial to the maintenance of supplies and services essential to the cammunity it is necessary so to do, make an order directing that such person be detained explanation-for the !purposes of this sub-section, "acting in any manner 20 prejudicial to the maintenance of supplies and services essential to the community" does not include "acting in any manner prejudicial to the maintenance of supplies of commodities essential to the community" as defined in the explanation to subsection (1) of section 3 of the prevention of blackmarketing and maintenance of supplies of essential commodimes act, 1980, and accordingly, no order of 2s 7 of 1980 detention shall be made under this act on any ground on which an order of detention may be made under that act (3) if, having regard to the circumstances prevailing or likely to prevail in any area within the local limits of the jurisdiction of a district magistrate or a commissiner of police, the state government is satisfied that it is hlmrly 30 so to do it may, by order in writing, direct, that during such period as may be specified in the dreier, such district magistrate or conunissioner of police may also, if satisfied as provide,d in sub-section (2), exercise the powers codlirred by the said sub-section: provided that the period specifie" in an order made by the state g6ftrn 35 ment uoder this sub-section shall not, in the first instance, exceed three months, but the state government may, if satisfied as aforesaid that it is necessary so to do, amend such order to extend such· period from time to time by any period not exceeding three months at anyone time (4) when any order is made under this section by an ofiicer mentianed 40 in sub-sectioa (3), he shall forthwith report the fact t& the state ooverdment to which he is subordinate together with the grounda on ~ch the order baa been made and such other particulars 88, in his opidion, have a beariilg oa the matter, and no such order shall remain in farce for more than twe1vedaya after the making thereof unless, in the meantime, it has been approved by tho state 45 government: ~lovided that where under section 8 the groudds of detention are commumcated by the officer making the order after five days but not later than tell days ~ the date of deteution, this sub-section shall apply subject to the modifica?on that, for the words "twelve days", the words ''fifteen days" shall s be substituted  (5) ~ any arder is made or approved by the state government under this section, the state government shall, within seven days, report the fact to the central government together with the grounds on which the order has been made and such other particulars as, in the opinion of the state govern-10 ment, have a bearing on the necessity for the order 4 a detention order may be executed ,at any }'ttace in india in the mannet' execution provided for the exe4'u'tion of warrants of arrest under the code of criminal of deten-procedure, 1973 tion orden 2 of 1974 5 every person in respect of whom a detention order has been made sha1l is be liable-power to reculate place and conditions of detention (a) to be detained in such place and under such conditions, indadidi conditions as to maintenance, cisdpllne and punishment for breaches of discipline, as the appropriate government may, by general or special order, specify; and 20 (b) to be removed {rom one place of detention to anothu place of dctenti('n, whether within the same stale or in another state, by ordor of the appropriate government:  provided that no clrder shall be made by a state government under clause (b) for the removal of a person frem one state to another state except with the 25 consent of the government of that other state s no detentior order shall be invc:llid or inoperative merely hy reason-(0) that the person to be detained thereunder i~ ou~~ide the limits 0f the territorial jurisdiction of the government or officer making the oreier, or (b) tha: the place of detention of such per~n is llutside the said lin1its detention orders not to be invalid or inoperative on certain grounds powers in relation to abscondin,i perlons 7 (1) tf the central govcrnnwnt or the state gov::mnent or an officer mentioned in 9ub-section (3) of st'ction 3, as lihc cae;e may be, has reason to believe tha: a person in resp<,ct of whom a detention order has been made has absconded or is concealing himself so that the order cann0t be ex::cu'cd, that government or officer may-35 (a) make a report in writing of the fact to a metropolitan magistrate or a judicial magistrate of the lirst class having juri~dicti('n in 'he place where the said person ordinarily resides; (b) bv clrder notified in the official gazette direct the said person to appe~r bef~re such officer, at such place and within such period as may be specified in the order 4'l (2) upon the making of a report against alily ~son under clause (a) of _l ' (1) th provisions of sections 82 83, 84 :md r'i of the code of 5ul~~ct~o; ~ e 1973 shalt npplv in respect of liuch tx'rson and hie; pl"ot'lerty on~~ clero t' tre, rder 'made "l{7ains! him were a warrant i!lc;ul:d by the as if \:lie t~n ion 0 ,i f    4s magistrate (3) if any perso'n fails to cotnplywith dn  order; tss,,;under"eliwe'''b~t; of s\1i~scciion (1 )he shall, \11l1~s be proves th'at'it'ws net ptaible1fcji:bim, comp]y therewith and that he had, withinth'e periotf' spetifted· ,ltli: die :-oiiiir informed the officer mentioned in the ordor of the reasod ,,·bist'ci •• re'· compiiaw;e therewith impossible and of his whel'qabol1ts, be punh:bable witk s imprisonment for a term which may exteoo toorte year, or ,'lib 1\iie~' or !with both let 17  (4) notwithstanding anytbing cootainedin the codc,of,crjmus~ prqqedw~, 1973, every offence under sub-section (3) shall be cognizable 8 (1) when a person is detained in pursuance of a detention or~~ t1ae'io authority making the order shad, as soon as may be, but ordinardy: n6t t8t~i tiiihfive days and in exceptional circumstances and· ft>r ftibiods to __ ~~ in writing, not later than ten days from the date of detention, coldidunica!o,1o laim the grounds on which the order has been ,made and shall afford him the earliest opportunity of making a representation against the order to t'lie ~propriate is government grooods of order of de ten· tion to  crsclosed  to persons atreeted by the order (2) nothing in sub-section (1) shall require the authority to disclose facts which it considers to be against the public interest to dlsclose 9 (1) the central government 8ild each state govei1ulledi sbaii, "laenever necessary, comtitute one or more advisory boards ,or tile ~ ~ ''this 20 act constitution of advisory boards (2) every such board shan consist of three persons who are, or baw been, or are qualified to be appointed as, judges of a high court, and such persons ~han be appointed by the appropriate government (1) the appropriate government shan appoint one of the members of the 2s advisory board who is, or has been, a judge of a high coulrt to be its chairman, and in the case of a union territory, the appointment to the advisory board of any person who is a judge of the high court of a stme shmi·be withi 8lc·previous approval of the state government concerned kferellce te advisory boards 10, save as otherwise expressly provided in this act, in every'icmrl  30 a detention order has been made under this act, the appropriate govel'ludcl1t shall, within three weeks from the date of detention of a person tinder' the order~ place before the advisory board constituted by it under section 9, the grounds on which the order has been made and the rcpresei1tation, if1any, made 'by the person affected by the order, and in case where the order 'hu been made by an 35 officer mentioned in suh-section (3) of section 3, also the report hy such officer under sub-section (4) of that section procedure of advisory boards~ 11 (1) the advisory board snall,after codsider~ the materials pla~ before it and, after calling for 'sucbfurtber information,ao it may deem il~s$ty from the appropriate government or from anypei'sonca11ecuor the l'~e ~ through the appropriate government or from the jpel'son coricerned,·· am it, :r~ any particular case, it cons~~e~ it es~ntia1 s9 to ~o or if _he peno~ coq~ ddsirel to be heard, after hearing him' in person, submit its  report , to ··the apipmprtlte government within seven weeks from -the date of detediidft 1!jfitiie  petscmtconcerned ,(2) the report of the advisory board <shall specify in a separate part there-s of the opinion of the advisory board as to whether or not'thereis' btiftlcieet :aue for'1lhe detention oftbe person concerned (3) wben dl,c;r~ is a difference of opinion among the members formidg  the ad~s()ij ~rd, the opinion of the majority of such members sball be deemed ,to be the opinion of the board 10 (4) not~ lnl·tbis ilectlqn shall entitle any period against whom  a cktqqtion om  ;mcld made to appear by any legal practitiouerinany rnq,tt4lr "c;;on~, with the refqroace i to the advi~ board; 8lldthe proceedings of ·the mv,isl)q: board and its re'j>rt, excepting that part of the report in which the opinion of tho i atlvi&o&y board 4s specified, shall be confidc;ntial is lao (1) in any case where the advisory board has reported that 1bcse is, in ;action its opinion, sufficient cause for the detentiqn of a person, tbe approp{iate ,oo,!~~- ,upon th~ ment may confirm the detention order and continue the detention of the person ~~ i»[ concerned for such period as it thinks fit ~, -bow (2j in any cwie where the advisory board has reported that th~e is, in jts 20 opinion, no sufficient cause for the detention of a pedion, the appr@ategovernment shall revoke the detention order and cause the person concerned to be released forthwith u the maximum period (or which any person may be~~~xu, of any cietention order which hali been con1itmed, under sectiod12,aball,bc""'~od ", 26 month& fliclm1 the date of detention: de~, provided that nothinlz contained in this section shall affect the pp""'' ,  , appropriate government~ to revoke or modify the detontioo ordor at'liily'"" time 14 (1) without p'rejudice to the provisions of section 21 of the general revoca-10 of 1897 30 ciau'ses act, 1897, a detention order may, at any time, be,revohd-« mgdified,- ~:oll (a) ~otwithstanding that the order has been made by 8n officer men- arders, tioncd in sub-section (3) of section 3, by ;the state oovernment ,to which that officer is subordinate or by the central government; (b) notwithstanding that the order boas been made by a state goverjlment, by the central government 3s (2) the revocation or expiry of ~ detentio~ order shan not bar the making f f ' d tcntion order under section 3 against the same pe!sob lid ,ady c_ oa res;l c· f··j· h  h f 'b facts have arisen 13ftcr the date 0 revocation or exptry ·00: -walle 'wile w ~re res· ffi' -i' - j,  c i g vernment or a state gt'vernment or an 0 oer mentio_'rjd' ,iyv'" entra 0 - - 6a th t oh ~ -i-oil section (3) of section 3 as the case may be, is satfs ~ a ',u  ~'\'~,~ " be made temporary , is (1) the appropriate government may, at any time, direct that any person ra&aue of detained in pursuance of a detention order may be released for any s~ :sed period either without condition's or upon such conditions specified in the direction as that person accepts, and may, at any time, cancel his release (2) in directing the release of any penon under sub~scction (l),thc is appropriate government may require him to enter into a bond with or without  sureties for the due observance of the conditions specified in the direction (3) any person released under sub-section (1) shall surrender himself at the time and place, and to the authority, specified in the order directing his i'elease or cancelling his releas~, as the case may be 10 (4) h any person fails without sufficient cause to surrender himself in the manner specified in sub-5ection (l), he shall be punis41able with im~semntjdt for a term which may extend to two years, or with fine, or with both (5) h any person released under sub-section (1) fails to fulfil any of tbe codditions imposed upon him under the said sub·section or in the bond entered 15 ioto by him, the bond shall be declared to be forfeited :lnd any person bound thereby shan be liable to pay the penalty thereof protectlon 16 no !;uit or other legal proceeding shall lie aga1nst the central govern-of acti~d ment or a state government, and no suit, prosecution or other ie!!al proceeding •• ;:n r:th shad lie against any person, for anything in good faith done or intended to be 20  done in pursuance of this act act dot to have effect with respect to detentions under state laws 17 (1) nothing in this act shall apply or have any effect with respect to orders of detention, made under any state law, which are in force immediately before the commencement of the national security ordinance, 1980, and accord·· 11 of 1980 ingly every person in respect of whom an order of detention made under any 2s state law is in force immediately before such commencement shan be governedl with respect to such detention by the provisions of such state law or where) the state law under which such order of detention is made is an ordinance (hereinafter referred to as the state ordinance) promulgated by the governor 30 of that state and the state ordinance has been replaced-(i) before ~uch commencement, by an e1ulct!l1e'nt pas-scd by the lcgis':ature of that state,by such enactment: of (ii) after such commencement, by an enactmenf which is pas<;ed bv the legi'slature of that state and the application of which i!l confined to ordct!; of d~tention made before such commencement u'nder the statr 35 ordinance by !=uch enactment, a~ if this act had not been enacted (2) nothing in this section shall be deemed to bar the making under s~ction 3, of a detemidn order against any person referred to in s1ib-section (1) a~i' the detention order in force ill resnect of bim as aforc';rlid )mmediatelv hcfore 40 the commencement of the national sec~rity qrpimuu:e 1980, ceases to nave fffect for any reason whatsoever~  11 of 1980 bplanation-for the purposes of this section, "state law" means any la pl'ovidine for preventive detention on all or auy of the grounds on which an order of detentiod may be made under sub-sectiod (2) of 8ictiog 3 and in force in any state immediately before the commencement of the said ordinance | 11        | of    | 1980                                  ||-----------|-------|----------------------------------------|| 5         |       |                                        || 18       | (1)   | the national security ordinance, 1980, || is        |       |                                        || hereby    |       |                                        || repealed |       |                                        || repeal    |       |                                        || and       |       |                                        || savida   |       |                                        |(2) notwithstanding such repeal, anything done or any action taken uoder the said ordinance shall be deemed to have been done or taken under the corresponding provisions of this act, as if this act had come into force od the 23rd day of september, 1980, and, in particular, any reference made under 10 section 10 of the said ordinance and pending before any advisory board immediately before the date on which this act receives the assent of the president may continue to be dealt with by that board after that date as if such board had been constituted under section 9 of tbis act in the prevailing situation of communal disharmony, social tensions, extren1ist activities, inctu'strial unrest and' increasing tei;dency on the part of various interested parties to engineer agitation on di1ferent issue~ it ms considered necessary that the law and' order situation in the, country is tackled in a most determined and effective way~ the ajatj!soeial and anti-national elements including secessionists, commaoel a'u¢ pi'd-ocaste elements and also other elements who adversely idflaeee d' direct· the services essential to the community pose a grave eb'al-, mp' to the lawful authority and sometimes even hold the ~ to'ramtom 2 considering the complexity and nature of tile problems, particularly in respect of defence, security, public order and services essential to the community, it is the considered view of the government that the administration would be greatly handicapped in dealing effectively with the same in the absence of powers of preventive detention the national security ordinance, 1980, was, therefore, promulgated by the president on the 22nd september, 1980 3 subject to a modification, the bill seeks to replace the aforesaid ordinance the modification relates to the composition of advisory boards, and is for providing that the chairman of an advisory board shall be a person who is or has been, a judge of a high court and the other members of the advisory board may be persons who are, or have been, or are qualified to be appointed as, judges of a high court new delhi; the 26th novembet, 1980, zail singh  recommendation of the president under article 117 of the constitution of india[copy of letter no 1i/15012/21180-is (do ii) dated the 11th november, 1980 from giani zail singh, minister of home affairs to the secretary, lok sabha] the president having been informed of the subject matter of the national security bill, 1980 recommends under clause (3) of article 117 of the constitution of india, tbe consideration of the bi1l in lok sabha  financial memorandumunder clause 5 (a) of the bill, the central government has power to regulate the conditions of det~ntion of persons detained in purs'u-ance of an order of the central government clause 9 (1) of the bill provides, inter alia, for the constitution of advisory boards by the central c'rovernment 2 in the case of persons detained in pursuance of orders made by the central government, the expenditure in respect of facilities to such persons and the expenditure in conn~tion with the advisory boards will have to be met by the central government the actual expenditure in respect of facilities to detenus will depend upon various contingencies su':h as the nurnber of persons who may be detained in purs'uance of orders issued i:y th~ central government, the naturt of fac:ilities that may be provided fof under the rules, etc, and it is not pc)s3ibl~ to visualise at this stage the quantum of s,uch e:,c,jprldituj"e some expencllure of a rc':::urrirg nature will have to be incuned in connf'ction wi1h the aclvis~)r,v boi'rc:s and it is not possible at this stage if) make an accurate estimate of the expenditure which may be involved 3 the provision-; of the bill 0(1 not involve any other expenditure of a re('urring or non-recurring nature  memorandum regarding delegated legislationclause 5 (a) of the bill provides that every person in respect of whom a detention order has been made shall be liable to be detained in such place and under such conditions, including conditions as to maintenance, dis=:ipline anj punishment for breaches of discipline, as the appropriate government may by general or special order, specify 2 the matters to be specified in such orders are matters of detail and it is not practicable to provide for them in the bill the delegation of legislative power is, therefore, of a normal character  memorandum indicating the modifications contairned in the bill to replace the national security ordinance, 1980c:ause 9 'of the bill relating to constitution of advisory boards corresponds to section 9 of the national security ordinance, 1980 according to sub-sections (2) and (3) of section 9 of the said ordinance, the constitution of every advisory board has to be in accordance with the recommendalons of the chief justi::e of the appropriate high court and the chairman of an advisory board has to be a judge of an appropriate high court and the other members shall be serving or retired judges of any high court sub-clauses (2) and (3) of clause 9 of the bill modify these provisions under these sub-clauses, the members of an advisory board have to be appointed by the appropriate government the chairman of ~n ac1v;s0r y board has to be a person who i!', or haf: bepn, a judgr of n high court while the remaining- two members may be persons who are or have bl'!en or are cfualified to he aqpointed as, judges, of a high court a bill to provide for pr£ventivc detention in certain cases and for matters connected therewith (giani zail singh, minister of home affairs,) 