THE NATIONAL SECURITY ACT, 1980

ACT NO. 65 OF 1980

[27th December, 1980.]
An Act to provide for preventive detention in certain cases and for
matters connected therewith. BE it enacted by Parliament in the
Thirty-first Year of the Republic of India as follows:--

1. Short title and extent. (1) This Act may be called the National
Security Act, 1980.

(2) It extends to the whole of India except the State of Jammu and
Kashmir.

 2. Definitions. In this Act, unless the context otherwise
requires,-- (a) "appropriate Government" means, as respects a detention
order made by the Central Government or a person detained under such
order, the Central Government, and as respects a detention order made by
a State Government or by an officer subordinate to a State Government or
as respects a person detained under such order, the State Government; (b)
"detention order" means an order made under section 3; (c) "foreigner"
has the same meaning as in the Foreigners Act, 1946 (31 of 1946); (d)
"person" includes a foreigner; 468 (e) "State Government", in relation to
a Union territory, means the administrator thereof.

3. Power to make orders detaining certain persons. (1) The Central
Government or the State Government may,-- (a) if satisfied with respect
to any person that with a view to preventing him from acting in any
manner prejudicial to the defence of India, the relations of India with
foreign powers, or the security of India, or (b) if satisfied with
respect to any foreigner that with a view to regulating his continued
presence in India or with a view to making arrangements for his expulsion
from India, it is necessary so to do, make an order directing that such
person be detained.

(2) The Central Government or the State Government may, if satisfied with
respect to any person that with a view to preventing him from acting in
any manner prejudicial to the security of the State or from acting in any
manner prejudicial to the maintenance of Public order or from acting in
any manner prejudicial to the maintenance of supplies and services
essential to the community it is necessary so to do, make an order
directing that such person be detained. Explanation.--For the purposes of
this sub-section, "acting in any manner prejudicial to the maintenance of
supplies and services essential to the community" does not include
"acting in any manner prejudicial to the maintenance of supplies of
commodities essential to

the community" as defined in the Explanation to sub-section (1) of
section 3 of the Prevention of Blackmarketing and Maintenance of Supplies
of Essential Commodities Act, 1980 (7 of 1980), and accordingly, no order
of detention shall be made under this Act on any ground on which an order
of detention may be made under that Act.

(3) If, having regard to the circumstances prevailing or likely to
prevail in any area within the local limits of the jurisdiction of a
District Magistrate or a Commissioner of Police, the State Government is
satisfied that it is necessary so to do, it may, by order in writing,
direct, that during such period as may be specified in the order, such
District Magistrate or Commissioner of Police may

also, if satisfied as provided in sub-section (2), exercise the powers
conferred by the said sub-section: Provided that the period specified in
an order made by the State Government under this sub-section shall not,
in the first instance, exceed three months, but the State Government may,
if satisfied as aforesaid that it is necessary so to do, amend such order
to extend such period from time to time by any period not exceeding three
months at any one time.

(4) When any order is made under this section by an officer

mentioned in sub-section (3), he shall forthwith report the fact to the
State Government to which he is subordinate together with the grounds on
which the order has been made and such other particulars as, in his
opinion, have a bearing on the matter, and no such order shall remain in
force for more than twelve days after the making thereof unless, in the
meantime, it has been approved by the State Government: 469 Provided that
where under section 8 the grounds of detention are communicated by the
officer making the order after five days but not later than ten days from
the date of detention, this sub-section shall apply subject to the
modification that, for the words "twelve days", the words "fifteen days"
shall be substituted.

(5) When any order is made or approved by the State Government under this
section, the State Government shall, within seven days, report the fact
to the Central Government together with the grounds on which the order
has been made and such other particulars as, in the opinion of the State
Government, have a bearing on the necessity for the order.

 4. Execution of detention orders. A
detention order may be executed at any place in India in the manner
provided for the execution of warrants of arrest under the Code of
Criminal Procedure, 1973 (2 of 1974).

 5. Power to regulate place and conditions of detention. Every person in respect of whom a
detention order has been made shall be liable-- (a) to be detained in
such place and under such conditions, including conditions as to
maintenance, discipline and punishment for breaches of discipline, as the
appropriate Government may, by general or special order, specify; and (b)
to be removed from one place of detention to another place of detention,
whether within the same State or in another State, by order of the
appropriate Government: Provided that no order shall be made by a State
Government under clause (b) for the removal of a person from one State to
another State except with the consent of the Government of that other
State.

 6. Detention orders not to be invalid or inoperative on certain grounds. No
detention order shall be invalid or inoperative merely by reason-- (a)
that the person to be detained thereunder is outside the limits of the
territorial jurisdiction of the Government or officer making the order,
or (b) that the place of detention of such person is outside the said
limits.

7. Powers in relation to absconding persons. (1) If the Central
Government or the State Government or an officer mentioned in sub-

section (3) of section 3, as the case may be, has reason to believe that
a person in respect of whom a detention order has been made has absconded
or is concealing himself so that the order cannot be executed, that
Government or officer may-- (a) make a report in writing of the fact to a
Metropolitan Magistrate or a Judicial Magistrate of the first class
having jurisdiction in the place where the said person ordinarily
resides; (b) by order notified in the Official Gazette direct the said
person to appear before such officer, at such place and within such
period as may be specified in the order.

(2) Upon the making of a report against any person under clause

(a) of sub-section (1), the provisions of sections 82, 83, 84 and 85 of
the Code of Criminal Procedure, 1973 (2 of 1974), shall apply in respect
of such person and his property as if the detention order made against
him were a warrant issued by the Magistrate. 1* Ins. by Act 60 of 1984,
s. 2 (w.e.f. 21-6-1984). 470

(3) If any person fails to comply with an order issued under

clause (b) of sub-section (1), he shall, unless he proves that it was not
possible for him to comply therewith and that he had, within the period
specified in the order, informed the officer mentioned in the order of
the reason which rendered compliance therewith impossible and of his
whereabouts, be punishable with imprisonment for a term which may extend
to one year, or with fine, or with both.

(4) Notwithstanding anything contained in the Code of Criminal

Procedure, 1973 (2 of 1974), every offence under sub-section (3) shall be
cognizable.

 8. Grounds of order of detention to be disclosed to persons

affected by the order. (1) When a person is detained in pursuance of a
detention order, the authority making the order shall, as soon as may be,
but ordinarily not later than five days and in exceptional circumstances
and for reasons to be recorded in writing, not later than ten days from
the date of detention, communicate to him the grounds on which the order
has been made and shall afford him the earliest opportunity of making a
representation against the order to the appropriate Government.

(2) Nothing in sub-section (1) shall require the authority to disclose
facts which it considers to be against the public interest to disclose.

9. Constitution of Advisory Boards. (1) The Central Government and each
State Government shall, whenever necessary, constitute one or more
Advisory Boards for the purposes of this Act.

(2) Every such Board shall consist of three persons who are, or have
been, or are qualified to be appointed as, Judges of a High Court, and
such persons shall be appointed by the appropriate Government.

(3) The appropriate Government shall appoint one of the members of the
Advisory Board who is, or has been, a Judge of a High Court to be its
Chairman, and in the case of a Union territory, the appointment to the
Advisory Board of any person who is a Judge of the High Court of a State
shall be with the previous approval of the State Government concerned.

 10. Reference to Advisory Boards. Save as
otherwise expressly provided in this Act, in every case where a detention
order has been made under this Act, the appropriate Government shall,
within three weeks from the date of detention of a person under the
order, place before the Advisory Board constituted by it under section 9,
the grounds on which the order has been made and the representation, if
any, made by the person affected by the order, and in case where the

order has been made by an officer mentioned in sub-section (3) of

section 3, also the report by such officer under sub-section (4) of that
section.

11. Procedure of Advisory Boards. (1) The Advisory Board shall, after
considering the materials placed before it and, after calling for such
further information as it may deem necessary from the appropriate
Government or from any person called for the purpose through the
appropriate Government or from the person concerned, and if, in any
particular case, it considers it essential so to do or if the person
concerned 471 desires to be heard, after hearing him in person, submit
its report to the appropriate Government within seven weeks from the date
of detention of the person concerned.

(2) The report of the Advisory Board shall specify in a separate part
thereof the opinion of the Advisory Board as to whether or not there is
sufficient cause for the detention of the person concerned.

(3) When there is a difference of opinion among the members forming the
Advisory Board, the opinion of the majority of such members shall be
deemed to be the opinion of the Board.

(4) Nothing in this section shall entitle any person against whom a
detention order has been made to appear by any legal practitioner in any
matter connected with the reference to the Advisory Board; and the
proceedings of the Advisory Board and its report, excepting that part of
the report in which the opinion of the Advisory Board is specified, shall
be confidential.

12. Action upon the report of the Advisory Board. (1) In any case where
the Advisory Board has reported that there is, in its opinion, sufficient
cause for the detention of a person, the appropriate Government may
confirm the detention order and continue the detention of the person
concerned for such period as it thinks fit.

(2) In any case where the Advisory Board has reported that there is, in
its opinion, no sufficient cause for the detention of a person, the
appropriate Government shall revoke the detention order and cause the
person concerned to be released forthwith.

13. Maximum period of detention. The maximum
period for which any person may be detained in pursuance of any detention
order which has been confirmed under section 12 shall be twelve months
from the date of detention: Provided that nothing contained in this
section shall affect the power of the appropriate Government to revoke or
modify the detention order at any earlier time.

Circumstances in which persons may be detained for periods longer
thanthree months without obtaining the opinion of Advisory Boards.

14. Revocation of detention orders. (1) Without prejudice to the
provisions of section 21 of the General Clauses Act, 1897 (10 of 1897), a
detention order may, at any time, be revoked or modified,-- (a)
notwithstanding that the order has been made by an

officer mentioned in sub-section (3) of section 3, by the State
Government to which that officer is subordinate or by the Central
Government; (b) notwithstanding that the order has been made by a State
Government, by the Central Government.

15. Temporary release of persons detained. (1) The appropriate Government
may, at any time, direct that any person detained in pursuance of a
detention order may be released for any specified period either without
conditions or upon such conditions specified in the direction as that
person accepts, and may, at any time, cancel his release.

(2) In directing the release of any person under sub-section (1), the
appropriate Government may require him to enter into a bond with or
without sureties for the due observance of the conditions specified in
the direction.

(3) Any person released under sub-section (1) shall surrender himself at
the time and place, and to the authority, specified in the order
directing his release or cancelling his release, as the case may be.

(4) If any person fails without sufficient cause to surrender

himself in the manner specified in sub-section (3), he shall be
punishable with imprisonment for a term which may extend to two years, or
with fine, or with both.

(5) If any person released under sub-section (1) fails to fulfil any of
the conditions imposed upon him under the said sub-section or in the bond
entered into by him, the bond shall be declared to be forfeited and any
person bound thereby shall be liable to pay the penalty thereof.

 16. Protection of action taken in good faith. No suit or other legal proceeding shall lie against the
Central Government or a State Government, and no suit, prosecution or
other legal proceeding shall lie against any person, for anything in good
faith done or intended to be done in pursuance of this Act.

 17. Act not to have effect with respect to detentions under State

laws. (1) Nothing in this Act shall apply or have any effect with respect
to orders of detention, made under any State law, which are in force
immediately before the commencement of the National Security Ordinance,
1980 (11 of 1980), and accordingly every person in respect of whom an
order of detention made under any State law is in force immediately
before such commencement, shall be governed with respect to such
detention by the provisions of such State law or where the State law
under which such order of detention is made is an Ordinance (hereinafter
referred to as the State Ordinance) promulgated by the Governor of that
State and the State Ordinance has been replaced-- (i) before such
commencement, by an enactment passed by the Legislature of that State, by
such enactment; or (ii) after such commencement, by an enactment which is
passed by the Legislature of that State and the application of which is
confined to orders of detention made before such commencement under the
State Ordinance, by such enactment, as if this Act had not been enacted.

(2) Nothing in this section shall be deemed to bar the making under
section 3, of a detention order against any person referred to

in sub-section (1) after the detention order in force in respect of him
as aforesaid immediately before the commencement of the National Security
Ordinance, 1980 (11 of 1980), ceases to have effect for any reason
whatsoever. 473 Explanation.--For the purposes of this section, "State
law" means any law providing for preventive detention on all or any of
the grounds on which an order of detention may be made under sub-section

(2) of section 3 and in force in any State immediately before the
commencement of the said Ordinance.

18. Repeal and saving. (1) The National Security Ordinance, 1980 (11 of
1980), is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under
the said Ordinance shall be deemed to have been done or taken under the
corresponding provisions of this Act, as if this Act had come into force
on the 23rd day of September, 1980, and, in particular, any reference
made under section 10 of the said Ordinance and pending before any
Advisory Board immediately before the date on which this Act receives the
assent of the President may continue to be dealt with by that Board after
that date as if such Board had been constituted under section 9 of this
Act.