REGISTERED No. D-(D)-72 The Gazette of India EXTRAORDINARY
PART II—Section 1 PUBLISHED BY AUTHORITY No. 74] NEW DELHI, SATURDAY, SEPTEMBER I, 1984/BHADRA 10, 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 1st September, 1984/Bhadra 10, 1906 (Saka) The following Act of Parliament received the assent of the President on the 31st August, 1984, and is hereby published for general information:— THE NATIONAL SECURITY (SECOND AMENDMENT) ACT, 1984 No. 60 OF 1984 [31st August, 1984.]
An Act further to amend the National Security Act, 1980.
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 (Second Amendment) Act, 1984.
(2) It shall be deemed to have come into force on the 21st day of June, 1984.
Short title and commencement.
2. In the National Security Act, 1980 (hereinafter referred to as the principal Act), after section 5, the following section shall be inserted, nemely: — Insertion of new section 5A.
65 of 1980.
"5A, Where a person has been detained in pursuance of an order of detention [whether made before or after the commencement of the National Security (Second Amendment) Act, 1984] Grounds of detention severable.
(1) 2 THE GAZETTE OF INDIA EXTRAORDINARY [PARI I I - under section 3 whjch has been marie on two or more grounds, such order of detention shall be deemed ti have been made separately on each of such grounds and accordingly—
(a) such order shall not be deemed to be invalid or inoperative merely because one or some of the grounds is or are— (?) vague,
(ii) non-existent, (Hi) 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 or officer making such order would have been satisfied as provided in section 3 with reference to the rema n;ng ground or grounds and made the order of detention;
(b) the Govern Lent or officer ni;iking the order >A detention shall be deemed lo 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.".
a In .section 14 of the principal Act, for Eub-section (2), the following sub-section shall be substituted, namely: — Amendment of eection 14, " (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) Act, 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 havt. i—lren 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.".
4. In the principal Act as applicable to the State of Punjab and the Union territory of Chandigarh, in section 14A, in sub-section (2),— Amend, merit of eection X4A. (i) in the opening portion, for the words and figures "sections 10 to 13", the words and figures "sections 10 to 14" shall be substituted;
(ii) 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 years" shall be substituted.'.