The National Security Guard Act, 1986 (47 of 1986)/ Universal Law Publishing

Contributor(s): Universal Law PublishingMaterial type: TextTextPublication details: New Delhi: Universal Law Publishing, 2010Description: 58 pSubject(s): National Security Guard -- Bare ActDDC classification: 343.54
Contents:
THE NATIONAL SECURITY GUARD ACT, 1986 etc. Introduction CHAPTER I PRELIMINARY 1. Short title and commencement 2. Definitions 3. Persons subject to this Act CHAPTER U CONSTITUTION OF THE SECURITY GUARD AND CONDITIONS OF SERVICE OF THE MEMBERS OF THE SECURITY GUARD 4. Constitution of the Security Guard 5. Control, direction, etc. 6. Liability for service outside India 7. Resignation and withdrawal from the post 8. Tenure of service under the Act 9. Termination of service by Centrai Govenunent 10. Dismissal, removal or reduction by the Director-General and by other officers 11. Certificate of termination of service 12. Restrictions respecting right to form associations, freedom of speech, 13. Remedy of aggrieved persons other than officers 14. Remedy of aggrieved officers CHAPTER in OFFENCES 15. Offences in relation to the terrorists and other persons in arms against the Union and punishable with death 16. Offences punishable more severely on active duty than at other times 17. Mutiny 18. Desertion and aiding desertion 19. Absence without leave 20. Striking or threatening superior officer 21. Disobedience to superior officer 22. Assault and obstruction 23. Certain forms of disgracefui conduct 24. Ill-treating a subordinate 25. Drimkenness 26. Permitting escape of person in custody 27. Irregularity in connection with arrest or confinement 28. Escape from custody 29. Offences in respect of property 30. Extortion and exaction 31. Making away with equipment 32. Injury to property False accusations Falsihing official documents and false declarations False declaration on appointment Offences relating to Security Guard Court False evidence Unlawful detention of pay Unbecoming conduct Violation of good order and discipline Miscellaneous offences Attempt Abetment of offences that have been committed Abetment of offences that have not been committed Civil offences Civil offences not triable by a Security Guard Court CHAPTER IV PUNISHMENTS Punisliments awardable by Security Guard Courts Alternative punishments awardable by Security Guard Courts . Combination of punishments Punishments otlierwise than by Security Guard Courts Minor punishments • •' Limit of punishments under section 51 . < Pimishment of officers of or below the rank of Squadron Commanders by officers not below the rank of Inspectors-General Pimishment of persons of the rank of Assistant Commander CHAPTER V ARREST AND PROCEEDINGS BEFORE TRIAL Custody of offenders Dutv of Commander in regard to detention Interval between committal and trial Arrest by civil authorities Capture of deserters Inquiry into absence without leave CHAPTER VI SECURITY GUARD COURTS Kinds of Security Guard Courts Power to convene a General Security Guard Court Power to convenb a Petty Security Guard Court Contents of warrants issued under sections 62 and 63 Composition of General Security Guard Court Composition of a Petty Security Guard Court Summary Security Guard Court ^ Dissolution of a Seciurity Guard Court Powers of a General Security Guard Court Powers of a Petty Security Guard Court Powers of a Summary Security Guard Court Prohibition of second trial Period of limitation for trial Trial, etc., of offender who ceases to be subject to this Act Application of Act during term of sentence Place of trial Choice between Criminal Court and Security Guard Court Power of Criminal Court to require delivery of offender CHAPTER VII PROCEDURE OF SECURITY GUARD COURTS Presiding officer Judge Attorneys, etc. Challenges Oatlis of members. Judge Attorney and witness Voting by members General'rule as to evidence Judicial notice Summoning witnesses " . Documents exempted from production Commissions for examination of witnesses Examination of witness on commission Conviction of offence not charged Presumption as to signatures Appointment paper Presumption as to certain documents Reference by accused to Government officer Evidence of previoiLs convictions and general character Lunacy of accused Subsequent fitness of lima tic accused for trial Transmission to Central Government of orders imder section 97 Release of lunatic accused Delivery of lunatic accused to relatives Order for custody and disposal of property pending trial Order for disposal of property regarding which offence is committed Powers of Security Guard Court in relation to proceedings under the Act CHAPTER Vlll CONHRMATION AND REVISION binding and sentence not valid, unless confirmed Power to confirm finding and sentence of General Security Guard Court Power to confirm finding and sentence of Petty • Security Guard Court . ^ Limitation of powers of confirming autliority Power of confirming authority to mitigate, remit or commute sentences Revision of finding or sentence Finding and sentence of a Summary Security Guard Court Transmission of proceedings of Summary Security Guard Court Alteration of finding of sentence in certain cases Remedy against order, finding or sentence of Security Guard Court . Annulment of proceedings CHAPTER IX EXECUTION OF SENTENCES, PARDONS, REMISSIONS, ETC. Form of sentence of death Commencement of sentence of imprisonment Execution of sentence of imprisonment Temporary custody of offender Execution of sentence of imprisonment in special cases Conveyance of prisoner from place to place Coriimunication of certain orders to prison officers Execution of sentence of fine Informality or error in the order or warrant Pardon and remission Cancellation of conditional pardon, release on parole or remission Suspension of sentence of imprisoiunent Orders pending suspension Release on suspension Computation of period of suspension Order after suspension Reconsideration of case after suspension Fresh sentence after suspension Scope of power of suspension Effect of suspension and remission on dismissal CHAPTER X MISCELLANEOUS Rank structure Deductiotts from pay and allowances Powers and duties conferrable and imposable on members of the Security Guard Protection for acts of members of the Security Guard Power to make rules Provisions as to existing National Security Guard
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Holdings
Item type Current library Call number Status Date due Barcode Item holds
Bare Acts and Legal Education Series Bare Acts and Legal Education Series Central Library, Sikkim University
General Book Section
343.54 UNI/C (Browse shelf(Opens below)) Not for loan P12594
Total holds: 0

THE NATIONAL SECURITY GUARD ACT, 1986
etc.
Introduction
CHAPTER I
PRELIMINARY
1. Short title and commencement
2. Definitions
3. Persons subject to this Act
CHAPTER U CONSTITUTION OF THE SECURITY GUARD AND CONDITIONS OF SERVICE OF THE MEMBERS OF THE SECURITY GUARD 4. Constitution of the Security Guard
5. Control, direction, etc. 6. Liability for service outside India 7. Resignation and withdrawal from the post
8. Tenure of service under the Act 9. Termination of service by Centrai Govenunent 10. Dismissal, removal or reduction by the Director-General and by other officers 11. Certificate of termination of service 12. Restrictions respecting right to form associations, freedom of speech, 13. Remedy of aggrieved persons other than officers 14. Remedy of aggrieved officers CHAPTER in
OFFENCES
15. Offences in relation to the terrorists and other persons in arms against the Union and punishable with death 16. Offences punishable more severely on active duty than at other times
17. Mutiny 18. Desertion and aiding desertion
19. Absence without leave 20. Striking or threatening superior officer 21. Disobedience to superior officer
22. Assault and obstruction 23. Certain forms of disgracefui conduct 24. Ill-treating a subordinate
25. Drimkenness 26. Permitting escape of person in custody 27. Irregularity in connection with arrest or confinement 28. Escape from custody 29. Offences in respect of property
30. Extortion and exaction 31. Making away with equipment
32. Injury to property
False accusations Falsihing official documents and false declarations
False declaration on appointment
Offences relating to Security Guard Court
False evidence
Unlawful detention of pay
Unbecoming conduct Violation of good order and discipline
Miscellaneous offences
Attempt
Abetment of offences that have been committed
Abetment of offences that have not been committed
Civil offences
Civil offences not triable by a Security Guard Court
CHAPTER IV
PUNISHMENTS
Punisliments awardable by Security Guard Courts Alternative punishments awardable by Security Guard Courts . Combination of punishments Punishments otlierwise than by Security Guard Courts Minor punishments • •' Limit of punishments under section 51 . < Pimishment of officers of or below the rank of Squadron Commanders by officers not below the rank of Inspectors-General Pimishment of persons of the rank of Assistant Commander
CHAPTER V
ARREST AND PROCEEDINGS BEFORE TRIAL
Custody of offenders
Dutv of Commander in regard to detention
Interval between committal and trial
Arrest by civil authorities Capture of deserters Inquiry into absence without leave
CHAPTER VI
SECURITY GUARD COURTS
Kinds of Security Guard Courts Power to convene a General Security Guard Court Power to convenb a Petty Security Guard Court
Contents of warrants issued under sections 62 and 63
Composition of General Security Guard Court Composition of a Petty Security Guard Court Summary Security Guard Court ^ Dissolution of a Seciurity Guard Court
Powers of a General Security Guard Court
Powers of a Petty Security Guard Court Powers of a Summary Security Guard Court

Prohibition of second trial
Period of limitation for trial
Trial, etc., of offender who ceases to be subject to this Act Application of Act during term of sentence
Place of trial
Choice between Criminal Court and Security Guard Court Power of Criminal Court to require delivery of offender
CHAPTER VII
PROCEDURE OF SECURITY GUARD COURTS
Presiding officer
Judge Attorneys, etc.
Challenges Oatlis of members. Judge Attorney and witness
Voting by members
General'rule as to evidence
Judicial notice
Summoning witnesses " . Documents exempted from production
Commissions for examination of witnesses
Examination of witness on commission
Conviction of offence not charged Presumption as to signatures
Appointment paper
Presumption as to certain documents
Reference by accused to Government officer
Evidence of previoiLs convictions and general character
Lunacy of accused Subsequent fitness of lima tic accused for trial
Transmission to Central Government of orders imder section 97
Release of lunatic accused Delivery of lunatic accused to relatives Order for custody and disposal of property pending trial Order for disposal of property regarding which offence is committed Powers of Security Guard Court in relation to proceedings under the Act
CHAPTER Vlll
CONHRMATION AND REVISION
binding and sentence not valid, unless confirmed Power to confirm finding and sentence of General Security Guard Court Power to confirm finding and sentence of Petty • Security Guard Court . ^ Limitation of powers of confirming autliority Power of confirming authority to mitigate, remit or
commute sentences
Revision of finding or sentence Finding and sentence of a Summary Security Guard Court

Transmission of proceedings of Summary Security Guard Court Alteration of finding of sentence in certain cases Remedy against order, finding or sentence of Security Guard Court . Annulment of proceedings
CHAPTER IX
EXECUTION OF SENTENCES, PARDONS, REMISSIONS, ETC.
Form of sentence of death
Commencement of sentence of imprisonment
Execution of sentence of imprisonment
Temporary custody of offender Execution of sentence of imprisonment in special cases
Conveyance of prisoner from place to place Coriimunication of certain orders to prison officers
Execution of sentence of fine
Informality or error in the order or warrant
Pardon and remission Cancellation of conditional pardon, release on parole or remission Suspension of sentence of imprisoiunent Orders pending suspension Release on suspension Computation of period of suspension Order after suspension Reconsideration of case after suspension Fresh sentence after suspension Scope of power of suspension Effect of suspension and remission on dismissal
CHAPTER X
MISCELLANEOUS
Rank structure
Deductiotts from pay and allowances Powers and duties conferrable and imposable on members of the Security Guard Protection for acts of members of the Security Guard
Power to make rules Provisions as to existing National Security Guard

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