REGISTERED No. D-(D)-72 The Gazette of India EXTRAORDINARY
PART II—Section 1 PUBLISHED BY AUTHORITY No. 53] NEW DELHI, THURSDAY, 21 JUNE, 1984/JYAISTHA 31, 1906 (SAKA) 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 21st June. 1984/Jyaistha 31. 1906 (Saka) THE NATIONAL SECURITY (SECOND AMENDMENT) ORDINANCE, 1984 No. 6 OF 1984 Promulgated by the President in the Thirty-fifth Year of the Republic of India, An Ordinance further to amend the National Security Act, 1980.
WHEREAS Parliament is not in session and the President is satisfied that circumstances exist which render it necessary for him to take immediate action;
Now, THEREFORE, in exercise of the powers conferred by clause (1) of article 123 of the Constitution, the President is pleased to promulgate the following Ordinance:—
1. (7) This Ordinance may be called the National Security (Second Amendment) Ordinance, 1984.
Short title and commencement.
(1) j. THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (?) II shall come into force at once.
2. In ihe National Security Act, 1980 (hereinafter referred to as the principal Act), after section 5, the following section shall be inserled, namely:— 65 of 1980.
Tii3Pttlori of new section 5A.
"5A, Where a person has been detained in pursuance of an order of detention [whether made before or a'fter the commencement of the National Security (Second Amendment) Ordinance, 1984] under section 3 which has been made on two or more grounds, such order of detention shall bd deemed to have been made separately on each of such grounds and accordingly— Grounds of detention aeverabie.
(a) such order shall not be deemed to be invalid or inoperative merely because one or some of the grounds is or are— (/i vague,
(it) non-existent,
(iii) not relevant,
(iv) not connected or not proximately connected with such person, or
(v) invalid for any other reason whatsoever, and it is not, therefore, possible to hold that the Government oi{ officer making such order would have been satisfied as provided in section 3 with reference to the lemaining ground or grounds and made the order of detention;
(b) the Government or officer making the order of detention shall be deemed to have made the order of detention under the said section after being satisfied as provided in that section with reference!
to the remaining ground or grounds.".
3. In section 14 of the principal Act, for sub-section (?), the following subsection shall be substituted, namely.— Amendment of section 14 L'(2) The expiry or revocation of a detention order (hereafter in this sub-section referred to as the earlier detention order) shall not [whether such earlier detention order has been made before or after the commencement of the National Security (Second Amendment) Ordinance, 1984] bar the making oF another detention order (hereafter in this sub-section referred to as the subsequent detention order) under section 3 against the same person:
Provided that in a case where no fresh facts have arisen after the expiry or revocation of the earlier detention order made against such person, the maximum period for which such person may be detained in pursuance of the subsequent detention order shall, in no case, extend beyond the expiry of a period of twelve months from the date of detention under the earlier detention order.".
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINAHY 3
4. In the principal Act as applicable to the State of Punjab and the Unioa territory off Chandigarh, in section 14A, in sub-section (2),— Amendment <rf section
14A.
(i) in the opening portion, lor the words and figures "sections 10 to 13", the words and figures "sections 10 to 14" shall be substituted;
(it) after clause (d). the following clause shall be inserted, namely:— '(e) in section 14, in the proviso to sub-section (2), for the words "twelve months", the words "two years1' shall be substituted.'.
ZAIL SINGH, President.
R. V. S. PER I SASfRI, Secy, to the Govt, of India.
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