REGISTERED No. D-(D)-72 The Gazette of India EXTRAORDINARY
PART II—Section 1 PUBLISHED BY AUTHORITY No. 98] NEW DELHI, TUESDAY, JUNE 9, 1987/JYAISTHA 19, 1909 (SAKA Separate paging it given to this Part in order that it may ha filed as a separate compilation MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi, the 9th June, 1987/Jyaistha 19, 1909 (Saka) THE NATIONAL SECURITY (AMENDMENT) ORDINANCF, 1987 No. 3 OF 1987 Promulgated by the President in the Thirty-eighth Year of the Republic of India. An Ordinance further to amend the National Security Act, 1980, in its application to the State of Punjab and the Union territory of Chandigarh, Whereas the Council of States 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
1. (2) This Ordinance may be called the National Security (Amendment) Ordinance, 1967.
(2) It shall come into force at once. Short title and commencement.
(1 ) 2 TIJE GAZETTE OF INDIA EXTRAORDINARY [PART U—
2. The National Security Act',11&80 (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.
3. In the principal Act, after section 14, the following section shall be 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, 1088 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 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. EocplanaXion 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.
(2) In the case of any person to whom sub-section (1) applies, sections 3, 8 and 10 to 14 shall have effect subject to the following modifications, nttmely: —
(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 be substituted;
(tt) In sub-section (5), for the words "seven days", the words "fifteen days" shall be substituted; Amendment of Act 65 of 1980 in its application to Punjab and •Chandigarh. 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. SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3
(b) In section 8, In eub-section (I), 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) sub-section (1), 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 detention1', 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. 24 of 1984, 60 of 1984. 23 of 1985, Repeal. ZAIL SINGH, President. S. RAMAIAH, Secy, to the Govt, of India. PRINTED BY THE UANAGERj GOVERNMENT OF INDIA PRESJ, MINTO ROAD, NEW DELHI AND VUBLI5HED BY THE CONTROLLER OF PUBLICATIONS, DELHI, 1987