National Security Guard Act, 1986
No: 47 Dated: Sep, 22 1986
National Security Guard Act, 1986
(Act No. 47 of 1986)
An Act to provide for the constitution and regulation of an armed force of the Union for combating terrorist activities with a view to protecting States against internal disturbances and for matters connected therewith.
BE it enacted by Parliament in the Thirty-seventh Year of the Republic of India as follows:—
CHAPTER I PRELIMINARY
1. Short title and commencement.—(1) This Act may be called the National Security Guard Act, 1986.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
2. Definitions.—(1) In this Act, unless the context otherwise requires,—
(a) “active duty”, in relation to a person subject to this Act, means any duty as a member of the Security Guard during the period in which such person is attached to, or forms part of, a unit of the Security Guard—
(i) which is engaged in operations against terrorists or any person in arms against the Union; or
(ii) which is operating at a picket or engaged on patrol or any other duty, in relation to combating terrorist activity;
(b) “Assistant Commander” means a person appointed or in pay as an Assistant Commander Grade I, Assistant Commander Grade II or Assistant Commander Grade III;
(c) “civil offence” means an offence which is triable by a Criminal Court or by a special Judge appointed under the Criminal Law Amendment Act, 1952 (46 of 1952);
(d) “civil prison” means any jail or place used for the detention of any criminal prisoner under the Prisons Act, 1894 (9 of 1894), or under any other law for the time being in force;
(e) “combatised tradesman” means a person appointed or in pay as a combatised tradesman;
(f) “Commander”, when used in any provision of this Act with reference to any unit of the Security Guard, means the officer whose duty it is to discharge with respect to that unit, the functions of a Commander in regard to matters of the description referred to in that provision;
(g) “Criminal Court” means a Court of ordinary criminal justice in any part of India and includes a Court of a special Judge appointed under the Criminal Law Amendment Act, 1952 (46 of 1952);
(h) “Deputy Inspector-General” means a Deputy Inspector-General of the Security Guard appointed under section 5;
(i) “Director-General” and “Additional Director-General” mean, respectively, the Director-General and an Additional Director-General of the Security Guard appointed under section 5;
(j) “Group” means a unit of the Security Guard constituted as a Group by the Central Government;
(k) “Group Commander” means a Group Commander of the Security Guard appointed under section 5;
(l) “Inspector-General” means an Inspector-General of the Security Guard appointed under section 5;
(m) “Judge Attorney-General”, “Additional Judge Attorney-General”, “Deputy Judge Attorney-General” and “Judge Attorney” mean, respectively, the Judge Attorney-General, an Additional Judge Attorney-General, a Deputy Judge Attorney-General and a Judge Attorney of the Security Guard appointed in the appropriate rank by the Central Government;
(n) “member of the Security Guard” means an officer, an Assistant Commander, a Ranger or a combatised tradesman;
(o) “notification” means a notification published in the Official Gazette;
(p) “offence” means any act or omission punishable under this Act and includes a civil offence;
(q) “officer” means a person appointed or in pay as an officer of the Security Guard;
(r) “prescribed” means prescribed by rules;
(s) “Ranger” means a Ranger Grade I and a Ranger Grade II of the Security Guard;
(t) “rule” means a rule made under this Act;
(u) “Security Guard” means the National Security Guard;
(v) “Security Guard Court” means a Court referred to in section 61;
(w) “Security Guard custody” means the arrest or confinement of a member of the Security Guard according to rules;
(x) “superior officer”, when used in relation to a person subject to this Act, means—
(i) any member of the Security Guard to whose command such person is for the time being subject in accordance with the rules;
(ii) any officer of a higher rank or class, and includes, when such person is not an officer, an Assistant Commander or a Ranger of a higher rank or class;
(y) “terrorist” means any person who, with intent to over-awe the Government as by law established or to strike terror in the people or any section of the people or to alienate any section of the people or to adversely affect the harmony amongst different sections of the people, does any act or thing by using bombs, dynamite or other explosive substances or inflammable substances or firearms or other lethal weapons or poisons or noxious gases or other chemicals or any other substances (whether biological or otherwise) of a hazardous nature, in such a manner as to cause, or as is likely to cause, death of, or injuries to, any person or persons or damage to, or destruction of, property or disruption of any supplies or services essential to the life of the community;
(z) all words and expressions used and not defined in this Act but defined in the Indian Penal Code (45 of 1860) shall have the meanings respectively assigned to them in that Code.
(2) In this Act, references to any law not in force in any State shall be construed as references to the corresponding law in force in that State.