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The National Security (Amendment) Act, 1984

Amendment Act · 19844,586 characters of text

The enactment

TypeAmendment Act
Year1984
StatusIn force as published by the source
TextPublished as one document, as the source published it
Subjectsdefence

Full text

The source publishes this enactment as a single document rather than provision by provision, so the whole text is below and there are no per-section pages for it. Nothing has been shortened.

REGISTERED No. D-(D)-72 The Gazette of India EXTRAORDINARY

PART II—Section 1 PUBLISHED BY AUTHORITY No. 32] NEW DELHI, FRIDAY, MAY 18, 1984/VAISAKHA 28, 1906 Separate paging is given to this Part in order that it may be filed as a separate compilation MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS (Legislative Department) New Delhi, the 18th May, 1984/Vaisakha 28, 1906 (Saka) The following Act of Parliament received the assent of the President on the 18th May, 1984, and is hereby published for general information:— THE NATIONAL SECURITY (AMENDMENT) ACT, 1984 No. 24 OF 1984 [18th, May, 1984.] An Act to amend the National Security Act, 1980, in its application to the State of Punjab and the Union territory of Chandigarh. BE it enacted by Parliament in the Thirty-fifth Year of the Republic of India as follows:—

1. (1) This Act may be called the National Security (Amendment) Act, 1984. Short title and commencement.

(2) It shall be deemed to have come into force on the 5th day of April,

1984.

2. The National Security Act, 1980 (hereinafter referred to as the principal Act) shall, in its application to the State of Punjab and the Union territory of Chandigarh, have effect subject to the amendments specified in sections 3 to 5. Amendment of Act 65 of 1980 la its application to Punjab and Chandigarh. 2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

3. In sub-section (4) of section 3 of the principal Act, in, the proviso,—Amendment of section 3. (a) for the words "ten days", the words "fifteen days'' shall be substituted;

(6) for the words "fifteen days", the woftls "twenty days" shall be substituted.

4. In section 8 of the principal Act, in sub-section (1), for the wo^s "ten days", the wordt "fifteen days" shall be substituted. Amendment of section 8

5. In the principal Act, after section 14, the following section shall be inserted, jj«mely:— Insertion of new section

14A. '14A. ( i) Notwithstanding anything contained in the foregoing provisions of this Act, any person in respect of whom an order of detention has been made under this Act at any time before the 3rd day of April, 1985 may be detained without obtaining the opinion of the Advisory Board for a period longer than three months, but not exceeding six months, from the date of his detention where such person had been detained with a view to preventing him from acting, in any disturbed area, in any manner prejudicial to—

(a) the defence of India; or

(b) the security or India; or

(c) the security of the State; or

(d) the maintenance of public order; or

(e) the maintenance of supplies and services essential to the community. Circumstances ifl which persons may be detained for periods longer than three months without obtaining the opinion of Advisory Boards.

Explanation 1.—The provisions of the Explanation to sub-section

(2) of section 3 shall apply for the purposes of this sub-section as they apply for the purposes of that sub-section.

Explanation 2.—In this sub-section, "disturbed area" means any area which is for the time being declared by notification under section 3 of the Punjab Disturbed Areas Act, 1983, or under section 3 of the Chandigarh Disturbed Areas Act, 1983, to be a disturbed area. 32 oC 1983. 33 of 1983.-

(2) In the case of any person to whom sub-section (1) applies, sections 10 to 13 shall have effect subject to the following modifications, namely: —

(a) in section 10, for the worda "shall, within three weeks", the words "shall, within four months and two weeks" shall be substituted;

(b) in section 11 — (/') in sub-section ( i ) , for the words "seven weeks", the words "five months and three weeks" shall be substituted; SKC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3

(ii) in sub-section (2), for the words "detention of the person concerned", the words "continued detention of the person concerned" shall be substituted;

(c) in section 12, for the words "for the detention", at both the places where they occur, the words "for the continued detention" shall be substituted;

(d) in section 13, for the words "twelve months", the words "two years" shall be substituted.'.

6. (I) The National Security (Amendment) Ordinance, 1984, is hereby repealed. Repeal and saving. fl of 1984.

(2) Notwithstanding such repeal, anything done or any action taken under the principal Act, as amended by the said Ordinance, shall be deemed to have been done or taken under the principal Act, as amended by this Act. R. V. S. PERI SASTRT, Secy, io the Govt, of India, PRINTED BY THE QKMXO&L MANAGER, GOVERNMENT OF INDIA PRESS, MINTO BOAD, NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI, 1984

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