REGISTERED No. D-(DN)-127 The Gazette of India EXTRAORDINARY
PART II—Section 1 PUBLISHED BY AUTHORITY No. 36] NEW DELHI, MONDAY, AUGUST 31, 1987/BHADRA 9, 1909 Separate paging be given to this Part in order that it may be filed MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi, the 31st August, I987/Bhadra 9, 1909 (Saka) The following Act of Parliament received the assent of the President on the 31st August, 1987, and is hereby published for general information:— THE NATIONAL SECURITY (AMENDMENT) ACT, 1987 No. 27 of 1987 [31st August, 1987.] An Act further 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-eighth Year of the Republic of India as follows: —
1. (1) This Act may be called the National Security (Amendment) Act, 1987.
(2) It shall be deemed to have come into force on the 9th day of June, 1987.
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 section 3.
(1 ) Short title and commencement. Amendment of Act 65 of 1980 in its application to Punjab and Chandigarh. 2 THE GAZETTE OF INDIA EXTRAORDINARY [PAM II—
3. In the principal Act, after section 14, the following section shall b« inserted, namely:— ' '14A. (1) Notwithstanding anything contained in the foregoing provisions of this Act, or in any judgment^ decree or order of any court or other authority, any person in respect of whom an order of detention has been made under this Act at any time before the 8th day of June, 1986 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, in any disturbed area,—
(i) from interfering with the efforts of Government in coping with the terrorist and disruptive activities; and
(ii) from acting in any manner prejudicial to—
(a) the defence of India; or
(b) the security of 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.
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.
Explanation. 3.—In this sub-section, "terrorist and disruptive activities" means "terrorist acts" and "disruptive activities" within the meaning of th,e Terrorist and Disruptive Activities (Prevention) Ordinance, 1987.
(2) In the case of any person to whom sub-seotion (1) applies, sections 3, 8 and 10 to 14 shall have effect subject to the following modifications, namely: —
(a) in section 3,— .
(i) in sub-section (4), in the proviso,— (A) for the words "ten days", the words "fifteen days" shall be substituted; (B) for the words "fifteen days", the words "twenty days" shall he substituted;
(ii) in sub-section (5), for the words "seven days3, the Words "fifteen days" shall be substituted; Insertion of new section
14A. Circumstances in which persons may be detained for periods longer than three months without obtaining the opinion of Advisory Boards. 32 of 1983. 33 of 1983. Ord. 2 of &5C 1] THE GAZETTE OF INDIA EXTRAORDINARY g
(b) in section 8, in sub-section (1), for the words "ten days", the words "fifteen days" shall be substituted;
(c) in section 10, for the words "shall, within three weeks", the words "shall, within four months and two weeks" shall be substituted; \
(d) in section 11,—
(i) in sub-section (I), for the words "seven weeks", the words "five months and three weeks" shall be substituted;
(ii) in sub-section (2), for the words "detention of the person concerned", the words "continued detention of the person concerned" shall be substituted;
(e) 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;
(f) in section 13, for the words "twelve months", the words "two years" shall be substituted;
(g) in section 14, in the proviso to sub-section (2), for the words "twelve months", the words "two years" shall be substituted.'.
4. The National Security (Amendment) Act, 1984, section 4 of the National Security (Second Amendment) Act, 1984 and the National Security (Amendment) Act, 1985 are hereby repealed.
5. (1) The National Security (Amendment) Ordinance, 1987, is hereby repealed.
(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 bv this Act. S. RAMAIAH, Secy, to the Govt, of India. 24 of 1984. 60 ef 1984. 23 of 1985. Ord 3 of
1987. Repeals. Repeals and saving. PRINTED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI AND PUBLISHED BV THE CONTROLLER OF PUBLICATIONS, DELHI, 1987