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Start Free TrialNational Security Guard Act 1986 Complete Act
Title: National Security Guard Act 1986
State: Central
Year: 1986
.....etc. Section6 - Liability for service outside India Section7 - Resignation and withdrawal from the post Section8 - Tenure of service under the Act Section9 - Termination of service by Central Government Section10 - Dismissal, removal or reduction by the Director-General and by other officers Section11 - Certificate of termination of service Section12 - Restrictions respecting right to form association, freedom of speech, etc. Section13 - Remedy of aggrieved persons other than officers Section14 - Remedy of aggrieved officers Chapter III Section15 - Offences in relation to the terrorists and other persons in arms against the Union and punishable with death Section16 - Offence punishable more severely on active duty than at other times Section17 - Mutiny Section18 - Desertion and aiding desertion Section19 - Absence without leave Section20 - Striking or threatening superior officer Section21 - Disobedience to superior officer Section22 - Assault and obstruction Section23 - Certain forms of disgraceful conduct Section24 - Ill-treating a subordinate Section25 - Drunkenness Section26 - Permitting escape of person in custody Section27 - Irregularity in.....
List Judgments citing this sectionNational Security Guard Act 1986 Chapter VII
Title: Procedure of Security Guard Courts
State: Central
Year: 1986
.....them and of the group, unit or branch of the Security Guard to which they belong, (3) Where a record is made in any unit book in pursuance of this Act or of any rules or otherwise in the discharge of official duties, and purports to be signed by the Commander or by the officer whose duty it is to make such record, such record shall be evidence of the facts therein stated. (4) A copy of any record in any unit book purporting to be certified to be a true copy by the officer having custody of such book shall be evidence of such record. (5) Where any person subject to this Act is being tried on a charge of desertion or of absence without leave, and such person has surrendered himself into the custody of any officer or other person subject to this Act, or any unit of the Security Guard, or has been apprehended by such officer or person, a certificate purporting to be signed by such officer, or by the Commander of the unit to which such person belongs, as the case may be, and stating the fact, date and place of such surrender or apprehension, and the manner in which he was dressed, shall be evidence of the matters so stated. (6) Where any person subject to this Act is being.....
View Complete Act List Judgments citing this sectionNational Security Guard Act 1986 Section 137
Title: Powers and Duties Conferable and Imposable on Members of the Security Guard
State: Central
Year: 1986
.....or impose, with the concurrence of the State Government concerned, any of the powers or duties which may be exercised or discharged under a State Act by a police officer upon a member of the Security Guard who, in the opinion of the Central Government, holds a corresponding or higher rank. (3) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the order or both Houses agree that the order should not be made, the order shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that order.
View Complete Act List Judgments citing this sectionNational Security Guard Act 1986 Section 90
Title: Conviction of Offence Not Charged
State: Central
Year: 1986
.....threatening language may be found guilty of using insubordinate language; (e) with any one of the offences specified in clauses (a), (b), (c) and (d) of section 29 may be found guilty of any other of these offences with which he might have been charged; (f) with an offence punishable under section 45 may be found guilty of any other offence of which he might have been found guilty, if the provisions of the Code of Criminal Procedure, 1973, were applicable; (g) with any offence under this Act may, on failure of proof of an offence having been committed in circumstances involving a more severe punishment, be found guilty of the same offence as having been committed in circumstances involving a less severe punishment; (h) with any offence under this Act may be found guilty of having been attempted or abetted the commission of that offence, although the attempt or abetment is not separately charged.
View Complete Act List Judgments citing this sectionNational Security Guard Act 1986 Section 119
Title: Execution of Sentence of Imprisonment in Special Cases
State: Central
Year: 1986
Whenever, in the opinion of an officer not below the rank of a Deputy Inspector-General within whose command the trial is held, any sentence or portion of a sentence of imprisonment cannot for special reasons, conveniently be carried out in Security Guard custody in accordance with the provisions of section 117, such officer may direct that such sentence or portion of sentence shall be carried out by confinement in any civil prison or other fit place.
View Complete Act List Judgments citing this sectionNational Security Guard Act 1986 Chapter VI
Title: Security Guard Courts
State: Central
Year: 1986
.....in this behalf by warrant of any such officer. Section 64 - Contents of warrants issued under sections 62 and 63 A warrant, issued under section 62 or section 63 may contain such restrictions, reservations or conditions as the officer issuing it may think fit. Section 65 - Composition of General Security Guard Court A General Security Guard Court shall consist of not less than five officers. Section 66 - Composition of a Petty Security Guard Court A Petty Security Guard Court shall consist of not less than three officers. Section 67 - Summary Security Guard Court (1) A Summary Security Guard Court may be held by the Commander of any unit of the Security Guard and he alone shall constitute the Court. (2) The proceedings shall be attended throughout by two other persons who shall be Officers or Assistant Commanders or one of either, arid who shall not as such, be sworn or affirmed: Provided that the persons attending the Court for the trial of an officer shall not be of a rank lower than the rank of that officer unless in the opinion of the convening officer recorded in the convening order, officers of such rank are not, having due regard to the.....
View Complete Act List Judgments citing this sectionNational Security Guard Act 1986 Chapter II
Title: Constitution of the Security Guard and Conditions of Service of the Members of the Security Guard
State: Central
Year: 1986
..... Subject to the provisions of this Act and the rules, the Central Government may dismiss or remove from service any person subject to this Act. Section 10 - Dismissal, removal or reduction by the Director-General and by other officers (1) The Director-General, any Additional Director-General or any Inspector-General may dismiss or remove from service or reduce to a lower grade or rank or the ranks, any person subject to this Act other than an officer. (2) An officer not below the rank of a Deputy Inspector-General or any prescribed officer may dismiss or remove from the service any person under his command other than an officer or an Assistant Commander. (3) Any such officer as is mentioned in sub-section (2) may reduce to it lower grade or rank or the ranks any person under his command except an officer or an Assistant Commander. (4) The exercise of any power under this Section shall be subject to the provisions of this Act and the rules. Section 11 - Certificate of termination of service An Assistant Commander or a Ranger or a combatised tradesman who is retired, released, discharged, removed or dismissed from the service shall be furnished by the.....
View Complete Act List Judgments citing this sectionNational Security Guard Act 1986 Section 36
Title: Offences Relating to Security Guard Court
State: Central
Year: 1986
Any person subject to this Act who commits any of the following offences, that is to say,-- (a) being duly summoned or ordered to attend as a witness before a Security Guard Court, wilfully or without reasonable excuse, makes default in attending; or (b) refuses to take an oath or make an affirmation legally required by a Security Guard Court to be taken or made; or (c) refuses to produce or deliver any document in his power or control legally required by a Security Guard Court, to be produced or delivered by him; or (d) refuses, when a witness, to answer any question which he is by law bound to answer; or (e) is guilty of contempt of the Security Guard Court, by using insulting or threatening language, or by causing any interruption or disturbance in the proceedings of such Court, shall, on conviction by a Security Guard Court, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this Act mentioned.
View Complete Act List Judgments citing this sectionNational Security Guard Act 1986 Section 68
Title: Dissolution of a Security Guard Court
State: Central
Year: 1986
(1) If a Security Guard Court after the commencement of a trial is reduced below the minimum number of officers required by this Act, it shall be dissolved. (2) If, on account of the illness of the concerned Judge Attorney or, as the case may be, Deputy Judge Attorney-General or Additional Judge Attorney-General or of the accused before the finding, it is impossible to continue the trial, a Security Guard Court shall be dissolved. (3) The authority or officer who convened a Security Guard Court may dissolve the same if it appears to it or him that the exigencies of the service or necessities of discipline render it impossible or inexpedient to continue the said Security Guard Court. (4) Where a Security Guard Court is dissolved under this section the accused may be tried again.
View Complete Act List Judgments citing this sectionNational Security Guard Act 1986 Section 71
Title: Powers of a Summary Security Guard Court
State: Central
Year: 1986
(1) Subject to the provisions of sub-section (2), a Summary Security Guard Court may try any offence punishable under this Act. (2) When there is no grave reason for immediate action and reference can, without detriment to discipline, be made to the officer empowered to convene a Petty Security Force Court for the trial of the alleged offender, an officer holding Summary Security Guard Court shall not try without such reference any offence punishable under any of the sections 15, 17 and 45, or any offence against the officer holding the Court. (3) A Summary Security Guard Court may try any person subject to this Act and under the command of the officer holding the Court, except an officer, or an Assistant Commander. (4) A Summary Security Guard Court may pass any sentence which may be passed under this Act, except the sentence of death or of imprisonment for a term exceeding the limit specified in subsection (5). (5) The limit referred to in sub-section (4) shall be,-- (a) one year, if the officer holding the Security Guard Court holds the rank not below than a Group Commander. (b) three months, in any other case.
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