Section 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 date1as the Central Government may, by notification in theOfficial Gazette, appoint.
Section 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 theSecurity Guard during the period in which such person is attached to, or forms part of, a unit of theSecurity 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 tocombating terrorist activity;
(b) "Assistant Commander" means a person appointed or in pay as an Assistant CommanderGrade 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 Judgeappointed 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 thePrisons 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 theSecurity Guard, means the officer whose duty it is to discharge with respect to that unit, the functionsof 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 includesa 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 Guardappointed under section 5;
(i) "Director-General" and "Additional Director-General" mean, respectively, theDirector-General and an Additional Director-General of the Security Guard appointed undersection 5;
(j) "Group" means a unit of the Security Guard constituted as a Group by the CentralGovernment;
(k) "Group Commander" means a Group Commander of the Security Guard appointed undersection 5;
(l) "Inspector-General" means an Inspector-General of the Security Guard appointed undersection 5;
(m) "Judge Attorney-General", "Additional Judge Attorney-General", "Deputy JudgeAttorney-General" and "Judge Attorney" mean, respectively, the Judge Attorney-General, anAdditional Judge Attorney-General, a Deputy Judge Attorney-General and a Judge Attorney of theSecurity 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 acombatised 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 Guardaccording 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 beingsubject 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 orclass;
(y) "terrorist" means any person who, with intent to over-awe the Government as by lawestablished or to strike terror in the people or any section of the people or to alienate any section ofthe people or to adversely affect the harmony amongst different sections of the people, does any actor thing by using bombs, dynamite or other explosive substances or inflammable substances orfirearms or other lethal weapons or poisons or noxious gases or other chemicals or any othersubstances (whether biological or otherwise) of a hazardous nature, in such a manner as to cause, oras 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 PenalCode (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 tothe corresponding law in force in that State.
Section 3 Persons subject to this Act.
(1) The following persons appointed (whether on deputation or inany other manner) in the Security Guard shall be subject to this Act, wherever they may be, namely:
(a) officers and Assistant Commander; and
(b) Rangers and combatised tradesmen.
(2) Every person subject to this Act shall remain so subject until repatriated, retired, released,discharged, removed or dismissed from the Security Guard in accordance with the provisions of this Actand the rules
Section 4 Constitution of the Security Guard.
(1) There shall be an armed force of the Union called theNational Security Guard for combating terrorist activities with a view to protect States against internaldisturbances.
(2) Subject to the provisions of this Act, the Security Guard shall be constituted in such manner asmay be prescribed and the conditions of service of the members of the Security Guard shall be such asmay be prescribed.
Section 5 Control, direction, etc.
(1) The general superintendence, direction and control of the SecurityGuard shall vest in, and be exercised by, the Central Government and subject thereto and to the provisionsof this Act and the rules, the command and supervision of the Security Guard shall vest in an officer to beappointed by the Central Government as the Director-General of the Security Guard.
(2) The Director-General shall, in the discharge of his duties under this Act, be assisted by suchnumber of Additional Directors-General, Inspectors-General, Deputy Inspectors-General, GroupCommanders and other officers as may be appointed by the Central Government.
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