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T74.4 11 5 f -f f -6; -Tt.-4f AfS rice- T mrrf gcc •311 111"1-11. firiTi 1 [xt. 47-16011/4/86-79..n.Tf.q)-.1 fef.,. 3(i, 41f/ f4tR4 Alimslrity OF HOME AFFAIRS NOTIFICATION New Delhi, the 21st January, 1987 S.O. 24(h).—ln exercise of the powers conferred by clause
(q) of sub-section (2) of section 139 of the National Security Guard Act, 1986 147 of 1936), the Central Government hereby makes the following rules, namely :— I, Short title.--These rules may be called the Criminal Courts and Security Guard Courts (Adjustment of Jurisdiction) Rules, 1987.
2, Definitions,—In these rules,' unless the context otherwise requires :—
(i) "Act" means the National Security Guard Act, 1986 (47 of 1986) ;
(ii) "Commander" in relation to a person subject to the Act, means the Officer Commanding the unit or detachment to which such person belongs or is attached Oil "Competent Authority" means the, Director-General, Inspector-General, or a Deputy inspector-General of the National Security Guard ;
(iv) words and expression used in these rules and not defined but defined in the Act, shall have the meaning resnectively assigned to them in the Act.
3. Trial of person subject to the Act,--Where a person subject to the Act, brought before a Magistrate and charged with an offence for which he is liable to be tried by u Security Guard Coon, such Magistrate shall not proceed to tfy such person or to inquire with a view to his Commitment for trial by the Court of Sessions or the High Court for any offence triable by such Court, unless,—
(a) he is of the opinion, for reasons to be recorded in writing that he should so proceed without being moved thereto by the competent authority ; or
(b) he is moved thereto by such authority.
4, Notice by Magistrate.—Before proceeding under clause ta) of rule 3, the Magistrate shall give Written notice to the Commander of the accused and until the expiry of a period of :—
(j) three weeks, in the case of a notice given to a Commander in command of a unit or detachment..
located in any of the following areas, that is to say :— Nagaland, Mizoram, Meghalaya and North Cachar Hill Districts of Assam, or
(ii) ten days in the case of a notice given to any other Commander in command of a unit or detachment located elsewhere in India, from the date of the service of such notice, he shall not,_
(a) convict or acquit the accused under section 252 or section 255 (1), (2) or section 256 or section 257 of the Code of Criminal Procedure, 1973 (2 of 1974) or hear him in his defence under section 254 of the said Code ; or
(b) frame in writing a charge against the accused under section 246 of the said Code ; or
(c) make an order committing the accused for trial by the High Court or the Court of Sessions under section 192 of the said Code ; or (dl transfer the case for inquiry or trial under section 192 of the said Code.
5, Procedure on notice to the Magistrate.—Where within the period mentioned in rule 4 above, or at any time thereafter before the Magistrate has done any act or made any order referred to in that rule, the Commander of the accused or the competent authority, as the case may 'he, gives notice to the Magistrate that in the opinion of such authovity, the accused should he tried by a Security Guard Court, the Magistrate shall stay proceedings and if the accused is in his power or under .his control, shall deliver him with the statement prescribed in sub-section (1) of section 475 of the Code of Criminal Procedure 1973 (2 of 1974) to the authority specified in the said sub-section.