The National Security Act, 1980

(1) This Act may be called the National Security Act, 1980. (2) It extends to the whole of India 1***.

In this Act, unless the context otherwise requires, (a) "appropriate Government" means, as respects a detention order made by the CentralGovernment or a person detained under such order, the Central Government, and as respects adetention order made by a State Government or by an officer subordinate to a State Government or asrespects 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; (e) "State Government", in relation to a Union territory, means the administrator thereof.

(1) The Central Government or the StateGovernment may, (a) if satisfied with respect to any person that with a view to preventing him from acting in anymanner prejudicial to the defence of India, the relations of India with foreign powers, or the securityof India, or (b) if satisfied with respect to any foreigner that with a view to regulating his continued presencein 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 thatwith a view to preventing him from acting in any manner prejudicial to the security of the State or fromacting in any manner prejudicial to the maintenance of Public order or from acting in any mannerprejudicial 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 themaintenance of supplies and services essential to the community" does not include "acting in any mannerprejudicial to the maintenance of supplies of commodities essential to the community" as defined in theExplanation to sub-section (1) of section 3 of the Prevention of Blackmarketing and Maintenance ofSupplies of Essential Commodities Act, 1980 (7 of 1980), and accordingly, no order of detention shall bemade 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 locallimits of the jurisdiction of a District Magistrate or a Commissioner of Police, the State Government issatisfied that it is necessary so to do, it may, by order in writing, direct, that during such period as may bespecified in the order, such District Magistrate or Commissioner of Police may also, if satisfied asprovided 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-sectionshall 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 anyperiod 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 shallforthwith report the fact to the State Government to which he is subordinate together with the grounds onwhich 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 themeantime, it has been approved by the State Government: Provided that where under section 8 the grounds of detention are communicated by the officer makingthe order after five days but not later than 1[fifteen days] from the date of detention, this sub-section shallapply subject to the modification that, for the words "twelve days", the words 2"[twenty days]" shall besubstituted. (5) When any order is made or approved by the State Government under this section, the StateGovernment shall, within seven days, report the fact to the Central Government together with the groundson 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.

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

Every person in respect of whom adetention order has been made shall be liable (a) to be detained in such place and under such conditions, including conditions as tomaintenance, discipline and punishment for breaches of discipline, as the appropriate Governmentmay, by general or special order, specify; and (b) to be removed from one place of detention to another place of detention, whether within thesame 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 aperson from one State to another State except with the consent of the Government of that other State.