REGISTERED NO. DL-33004/99 EXTRAORDINARY
PART II—Section 1 PUBLISHED BY AUTHORITY No. 48] NEW DELHI, THURSDAY, DECEMBER 16,1999/ AGRAHAYANA 25,1921 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 16th December, 1999/Agrahayana 25, 1921 (Saka) The following Act of Parliament received the assent of the President on the 16th December, 1999, and is hereby published for general information:— THE SPECIAL PROTECTION GROUP (AMENDMENT) ACT, 1999 No. 35 OF 1999 [16th December, 1999.] An Act further to amend the Special Protection Group Act, 1988. B E it enacted by Parliament in the Fiftieth Year of the Republic of India as follows:—
1. (1) This Act may be called the Special Protection Group (Amendment) Act, 1999.
(2) It shall be deemed to have come into force on the 18th day of November, 1999. Short title and commencement. 2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1] Amendment of section 4. Repeal and saving.
2. In section 4 of the Special Protection Group Act, 1988 (hereinafter referred to as the principal Act), for sub-section (1), the following sub-sections shall be substituted, namely:— "(7) There shall be an armed force of the Union called the Special Protection Group for providing proximate security to—
(i) the Prime Minister and the members of his immediate family; and
(ii) any former Prime Minister or to the members of his immediate family—
(a) for a period of ten years from the date on which the former Prime Minister ceased to hold the office of the Prime Minister; and
(b) for any period beyond the period of ten years referred to in sub-clause (a) in a case where the level of threat faced by the former Prime Minister or by any member of his immediate family is of such a nature that such level of throat justifies the provision of proximate security to such former Prime Minister or such member of his immediate family, as the case may be:
Provided that, while assessing the level of threat, the Central Government shall take into account the following factors, namely;— (A) that the threat emanates from any militant or terrorist organisation; and (B) that the threat is of a grave and continuing nature:
Provided further that the Central Government shall assess the level of threat periodically in such a manner that not more than twelve months shall elapse between two consecutive assessments. (1A) Notwithstanding anything contained in sub-section (1),—
(a) any former Prime Minister or any member of the immediate family of the Prime Minister or of a former Prime Minister may decline proximate security;
(b) where the proximate security is withdrawn from a former Prime Minister, whether before or after the commencement of the Special Protection Group (Amendment) Act, 1999, such proximate security shall also stand withdrawn from the immediate family members of such former Prime Minister:
Provided that where the level of threat faced by any member of the immediate family of a former Prime Minister warrants proximate security or any other security, such security shall be provided to that member".
3. (1) The Special Protection Group (Amendment) Ordinance, 1999, 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 by this Act. RAGHBIR SINGH, Secy. to the Govt. of India. 34 of 1988. Ord. 10 of 1999. PRINTED BY GOVERNMENT OF INDIA PRESS, PHOTO LITHO UNIT, MINTO ROAD, NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATION, DELHI,