The National Security Act 1980.
bihar · 1980
The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.
- S. 1(1) This Act may be called the National Security Act,1980
- S. 2Section defines key terms used in the National Security Act, including "appropriate Government," "detention order," and "foreigner."
- S. 3Section 3 of The National Security Act 1980 allows central or state governments to detain individuals to prevent actions prejudicial to national security or public order.
- S. 4Section 4 allows detention orders under the Act to be executed anywhere in India as per the Code of Criminal Procedure.
- S. 5Section 5 allows detention and transfer of detainees under specified conditions and inter-state removal with consent.
- S. 6Detention orders under the Act remain valid even if the detainee or detention place is outside the jurisdiction.
- S. 7Section 7 empowers governments to report absconding detainees to magistrates and order their appearance, treating non-compliance as a punishable offense.
- S. 8Section 8 mandates authorities to inform detained individuals of grounds for detention and allow representation, except for public interest exemptions.
- S. 9Section 9 mandates the Central and State Governments to form advisory boards for the Act, consisting of qualified High Court judges.
- S. 10Section 10 mandates the appropriate government to present detention grounds to an Advisory Board within three weeks.
- S. 11Section 11 details the Advisory Board's process for reviewing detention cases and submitting confidential reports to the appropriate government.
- S. 12The section allows the government to confirm or revoke detention based on the Advisory Board's report.
- S. 13Section 13 sets a maximum 12-month detention period for confirmed orders, but allows earlier revocation or modification by the government.
- S. 14Section allows revocation or modification of detention orders by respective governments, and permits new orders if new facts arise.
- S. 15Section 15 allows the government to conditionally release detained individuals, with penalties for non-compliance.
- S. 16Section 16 protects the Central and State Governments and individuals acting under the Act from legal proceedings.
- S. 17Section 17 preserves existing state detention orders predating the National Security Act, applying them unless replaced by state enactments.
- S. 18(1) The National Security Ordinance, 1980, is hereby repealed