The National Security Guard Act, 1986
Administered Ministry: Ministry of Home Affairs / Department of Internal Security
Section
Section 121 Communication of certain orders to prison officers. 2 docs
Whenever an order is duly made under this Act setting aside or varying any sentence, order or warrant under which any person is confined in a civil prison, a warrant in accordance with such order shall be forwarded by the officer making the order or his staff officer or such other person as may be prescribed, to the officer in charge of the prison in which such person is confined.
Section 122 Execution of sentence of fine.
When a sentence of fine is imposed by a Security Guard Court under section 45, a copy of such sentence signed and certified by the confirming officer, or where no confirmation is required, by the officer holding the trial may be sent to any Magistrate in India, and such Magistrate shall thereupon cause the fine to be recovered in accordance with the provisions of the Code of Criminal Procedure, 1973 (2 of 1974), as if it were a sentence of fine imposed by such Magistrate.
Section 123 Informality or error in the order or warrant
Whenever any person is sentenced to imprisonment under this Act, and is undergoing the sentence in any place or manner in which he might be confined under a lawful order or warrant in pursuance of this Act, the confinement of such person shall not be deemed to be illegal only by reason of informality or error in, or as respects, the order, warrant or other document, or the authority by which, or in pursuance whereof such person was brought into, or, is confined in any such place, and any such order, warrant or document may be amended accordingly.
Section 124 Pardon and remission
When any person subject to this Act has been convicted by a Security Guard Court of any offence, the Central Government or the Director-General or, in the case of a sentence, which he could have confirmed or which did not require confirmation, an officer not below the rank of a Deputy Inspector-General within whose command such person at the time of conviction was serving, or the prescribed officer may,—
(a) either with or without conditions which the person sentenced accepts, pardon the person or remit the whole or any part of the punishment awarded; or
(b) mitigate the punishment awarded; or
(c) commute such punishment for any less punishment or punishments mentioned in this Act; or
(d) either with or without conditions which the person sentenced accepts, release the person on parole.
(a) either with or without conditions which the person sentenced accepts, pardon the person or remit the whole or any part of the punishment awarded; or
(b) mitigate the punishment awarded; or
(c) commute such punishment for any less punishment or punishments mentioned in this Act; or
(d) either with or without conditions which the person sentenced accepts, release the person on parole.
Section 125 Cancellation of conditional pardon, release on parole or remission.
(1) If any condition on which a person has been pardoned or released on parole or a punishment has been remitted is, in the opinion of the authority which granted the pardon, release or remission not fulfilled, such authority may cancel the pardon, release or remission, and thereupon the sentence of the Court shall be carried into effect as if such pardon, release or remission had not been granted.
(2) A person whose sentence of imprisonment is carried into effect under the provisions of sub-section (1) shall undergo only the unexpired portion of his sentence.
(2) A person whose sentence of imprisonment is carried into effect under the provisions of sub-section (1) shall undergo only the unexpired portion of his sentence.
Section 126 Suspension of sentence of imprisonment
(1) Where a person subject to this Act is sentenced by a Security Guard Court to imprisonment, the Central Government, the Director-General or any officer empowered to convene a General Security Guard Court may suspend the sentence whether or not the offender has already been committed to prison or to Security Guard custody.
(2) The authority or officer specified in sub-section (1) may, in the case of an offender so sentenced, direct that until the orders of such authority or officer have been obtained the offender shall not be committed to prison or to Security Guard custody.
(3) The powers conferred by sub-sections (1) and (2) may be exercised in the case of any such sentence which has been confirmed, reduced or commuted.
(2) The authority or officer specified in sub-section (1) may, in the case of an offender so sentenced, direct that until the orders of such authority or officer have been obtained the offender shall not be committed to prison or to Security Guard custody.
(3) The powers conferred by sub-sections (1) and (2) may be exercised in the case of any such sentence which has been confirmed, reduced or commuted.
Section 127 Orders pending suspension.
(1) Where the sentence referred to in section 126 is imposed by a Security Guard Court, other than a Summary Security Guard Court, the confirming officer may, when confirming the sentence, direct that the offender be not committed to prison or to Security Guard custody until the orders of the authority or officer specified in section 126, have been obtained.
(2) Where a sentence of imprisonment is imposed by a Summary Security Guard Court, the officer holding the trial may make the direction referred to in sub-section (1).
(2) Where a sentence of imprisonment is imposed by a Summary Security Guard Court, the officer holding the trial may make the direction referred to in sub-section (1).
Section 128 Release on suspension.
Where a sentence is suspended under section 126, the offender shall forthwith be released from custody.
Section 129 Computation of period of suspension.
Any period during which the sentence is under suspension shall be reckoned as part of the term of such sentence.
Section 130 Order after suspension
while a sentence is suspended, order—
(a) that the offender be committed to undergo the unexpired portion of the sentence; or
(b) that the sentence be remitted.
(a) that the offender be committed to undergo the unexpired portion of the sentence; or
(b) that the sentence be remitted.
Section 131 Reconsideration of case after suspension.
(1) Where a sentence has been suspended, the case may at any time, and shall at intervals of not more than four months, be reconsidered by the authority or officer specified in section 126, or by any officer not below the rank of a Deputy Inspector-General duly authorised by the authority or officer specified in section 126.
(2) Where on such reconsideration by the officer so authorised it appears to him that the conduct of the offender since his conviction has been such as to justify a remission of the sentence, he shall refer the matter to the authority or officer specified in section 126.
(2) Where on such reconsideration by the officer so authorised it appears to him that the conduct of the offender since his conviction has been such as to justify a remission of the sentence, he shall refer the matter to the authority or officer specified in section 126.
Section 132 Fresh sentence after suspension.
Where an offender, while a sentence on him is suspended under this Act, is sentenced for any other offence, then—
(a) if the further sentence is also suspended under this Act, the two sentences shall run concurrently;
(b) if the further sentence is for a period of three months or more and is not suspended under this Act, the offender shall also be committed to prison or Security Guard custody for the unexpired portion of the previous sentence, but both sentences shall run concurrently; and
(c) if the further sentence is for a period of less than three months and is not suspended under this Act, the offender shall be so committed on that sentence only, and the previous sentence shall, subject to any order which may be passed under section 130 or section 131 continue to be suspended.
(a) if the further sentence is also suspended under this Act, the two sentences shall run concurrently;
(b) if the further sentence is for a period of three months or more and is not suspended under this Act, the offender shall also be committed to prison or Security Guard custody for the unexpired portion of the previous sentence, but both sentences shall run concurrently; and
(c) if the further sentence is for a period of less than three months and is not suspended under this Act, the offender shall be so committed on that sentence only, and the previous sentence shall, subject to any order which may be passed under section 130 or section 131 continue to be suspended.
Section 133 Scope of power of suspension.
The powers conferred by sections 126 and 130 shall be in addition to, and not in derogation of, the power of mitigation, remission and commutation.
Section 134 Effect of suspension and remission on dismissal.
(1) Where in addition to any other sentence the punishment of dismissal has been awarded by a Security Guard Court, and such other sentence is suspended under section 126, then, such dismissal shall not take effect until so ordered by the authority or officer specified in section 126.
(2) If such other sentence is remitted under section 130, the punishment of dismissal shall also be remitted.
(2) If such other sentence is remitted under section 130, the punishment of dismissal shall also be remitted.
Section 135 Rank structure 2 docs
(1) The officers and other members of the Security Guard shall be classified in accordance with their ranks in the following categories, namely:—
(a) officers—
(i) Director-General.
(ii) Additional Director-General.
(iii) Inspector-General.
(iv) Deputy Inspector-General.
(v) Group Commander.
(vi) Squadron Commander.
(vii) Team Commander
(b) Assistant Commanders—
(viii) Assistant Commander Grade I.
(ix) Assistant Commander Grade II.
(x) Assistant Commander Grade III.
(c) person other than officers and Assistant Commanders—
(xi) Ranger Grade I.
(xii) Ranger Grade II.
(xiii) Combatised tradesmen.
(2) The matters relating to inter se seniority of persons belonging to the same rank shall be determined in accordance with such rules as may be prescribed.
(3) Notwithstanding anything contained in this Act, the Director-General may, subject to confirmation by the Central Government as provided hereinafter, grant to an officer or Assistant Commander Grade I a rank, mentioned in clause (a) of sub-section (1) as a local rank, whenever considered necessary by him in the interest of better functioning of the Security Guard.
(4) An officer or Assistant Commander Grade I holding a local rank,—
(a) shall exercise the command and be vested with powers of an officer holding that rank;
(b) shall cease to hold that rank, if the grant of such rank is not confirmed within one month by the Central Government, or when so ordered by the Director-General or when he ceases to hold the appointment for which the rank was granted;
(c) shall not be entitled to claim any seniority over other officers by virtue of his having held such local rank; and
(d) shall not be entitled to any extra pay for holding such rank.
(a) officers—
(i) Director-General.
(ii) Additional Director-General.
(iii) Inspector-General.
(iv) Deputy Inspector-General.
(v) Group Commander.
(vi) Squadron Commander.
(vii) Team Commander
(b) Assistant Commanders—
(viii) Assistant Commander Grade I.
(ix) Assistant Commander Grade II.
(x) Assistant Commander Grade III.
(c) person other than officers and Assistant Commanders—
(xi) Ranger Grade I.
(xii) Ranger Grade II.
(xiii) Combatised tradesmen.
(2) The matters relating to inter se seniority of persons belonging to the same rank shall be determined in accordance with such rules as may be prescribed.
(3) Notwithstanding anything contained in this Act, the Director-General may, subject to confirmation by the Central Government as provided hereinafter, grant to an officer or Assistant Commander Grade I a rank, mentioned in clause (a) of sub-section (1) as a local rank, whenever considered necessary by him in the interest of better functioning of the Security Guard.
(4) An officer or Assistant Commander Grade I holding a local rank,—
(a) shall exercise the command and be vested with powers of an officer holding that rank;
(b) shall cease to hold that rank, if the grant of such rank is not confirmed within one month by the Central Government, or when so ordered by the Director-General or when he ceases to hold the appointment for which the rank was granted;
(c) shall not be entitled to claim any seniority over other officers by virtue of his having held such local rank; and
(d) shall not be entitled to any extra pay for holding such rank.
Section 136 Deduction from pay and allowances
(1) Subject to the provisions of sub-section (4), the following deductions may be made from the pay and allowances of an officer, that is to say—
(a) all pay and allowances due to an officer for every day he absents himself without leave, unless a satisfactory explanation has been given and accepted by the Inspector-General under whom he is for the time being serving, and for every day of imprisonment awarded by a Criminal Court or a Security Guard Court;
(b) any sum required to make good the pay of any person subject to this Act which the officer has unlawfully retained or unlawfully refused to pay;
(c) any sum required to be paid as fine imposed by a Criminal Court;
(d) any sum required to make up any loss, damage or destruction of public property or property belonging to the Security Guard which, after due investigation, appears to the Inspector-General under whom the officer is for the time being serving, to have been occasioned by wrongful act or negligence on the part of the officer;
(e) any sum required by an order of the Central Government to be paid for the maintenance of his wife or his legitimate or illegitimate child or step-child or towards the cost of any relief given by the said Government to the said wife or child.
(2) Subject to the provisions of sub-section (4), the following deductions may be made from the pay and allowances of a person subject to this Act, other than an officer, that is to say,—
(a) all pay and allowances due to him for every day of absence either on desertion or without leave unless a satisfactory explanation has been given and accepted by his Commander and for every day of imprisonment awarded by a Criminal Court, a Security Guard Court or an officer exercising authority under section 51;
(b) any sum required to make good the pay of any person subject to this Act which he has unlawfully retained or unlawfully refused to pay;
(c) any sum required to make good such compensation for any expenses, loss, damage or destruction caused by him to the Central Government or to any building or property or any private fund of the Security Guard as may be awarded by his Commander;
(d) any sum required to be paid as fine imposed by a Criminal Court;
(e) any sum required by an order of the Central Government to be paid for the maintenance of his wife or his legitimate or illegitimate child or step-child or towards the cost of any relief given by the said Government to the said wife or child.
(3) (i) No person shall be treated as absent or under imprisonment for a day unless the absence or imprisonment has lasted, whether wholly in one day or partly in one day and partly in another, for six consecutive hours or upwards.
(ii) Any absence or imprisonment for less than a day may be reckoned as absence or imprisonment for a day if such absence or imprisonment prevented the absentee from fulfilling any duty as a member of the Security Guard which was thereby thrown upon some other member.
(4) The total deductions from the pay and allowances of a person made under clauses (b) to (e) of sub-section (1) or clauses (b) to (e) of sub-section (2) shall not, except where he is sentenced to dismissal, exceed in any one month, one-half of his pay and allowances for that month.
(5) Any sum authorised by this Act to be deducted from the pay and allowances of any person may, without prejudice to any other mode of recovering the same, be deducted from any public money due to him other than a pension.
(6) The following shall be the authorities competent to order deductions from pay and allowances under this Act, namely:—
(a) Commanders not below the rank of Group Commanders, in the case of persons other than officers;
(b) Inspector-General, in the case of officers.
(7) Any authority superior to the one ordering any deduction under this Act shall be competent to remit the whole or part of the said deduction.
(8) Any power conferred by the provisions of this section on an officer may be exercised by an officer or authority superior in command to the first mentioned officer.
(a) all pay and allowances due to an officer for every day he absents himself without leave, unless a satisfactory explanation has been given and accepted by the Inspector-General under whom he is for the time being serving, and for every day of imprisonment awarded by a Criminal Court or a Security Guard Court;
(b) any sum required to make good the pay of any person subject to this Act which the officer has unlawfully retained or unlawfully refused to pay;
(c) any sum required to be paid as fine imposed by a Criminal Court;
(d) any sum required to make up any loss, damage or destruction of public property or property belonging to the Security Guard which, after due investigation, appears to the Inspector-General under whom the officer is for the time being serving, to have been occasioned by wrongful act or negligence on the part of the officer;
(e) any sum required by an order of the Central Government to be paid for the maintenance of his wife or his legitimate or illegitimate child or step-child or towards the cost of any relief given by the said Government to the said wife or child.
(2) Subject to the provisions of sub-section (4), the following deductions may be made from the pay and allowances of a person subject to this Act, other than an officer, that is to say,—
(a) all pay and allowances due to him for every day of absence either on desertion or without leave unless a satisfactory explanation has been given and accepted by his Commander and for every day of imprisonment awarded by a Criminal Court, a Security Guard Court or an officer exercising authority under section 51;
(b) any sum required to make good the pay of any person subject to this Act which he has unlawfully retained or unlawfully refused to pay;
(c) any sum required to make good such compensation for any expenses, loss, damage or destruction caused by him to the Central Government or to any building or property or any private fund of the Security Guard as may be awarded by his Commander;
(d) any sum required to be paid as fine imposed by a Criminal Court;
(e) any sum required by an order of the Central Government to be paid for the maintenance of his wife or his legitimate or illegitimate child or step-child or towards the cost of any relief given by the said Government to the said wife or child.
(3) (i) No person shall be treated as absent or under imprisonment for a day unless the absence or imprisonment has lasted, whether wholly in one day or partly in one day and partly in another, for six consecutive hours or upwards.
(ii) Any absence or imprisonment for less than a day may be reckoned as absence or imprisonment for a day if such absence or imprisonment prevented the absentee from fulfilling any duty as a member of the Security Guard which was thereby thrown upon some other member.
(4) The total deductions from the pay and allowances of a person made under clauses (b) to (e) of sub-section (1) or clauses (b) to (e) of sub-section (2) shall not, except where he is sentenced to dismissal, exceed in any one month, one-half of his pay and allowances for that month.
(5) Any sum authorised by this Act to be deducted from the pay and allowances of any person may, without prejudice to any other mode of recovering the same, be deducted from any public money due to him other than a pension.
(6) The following shall be the authorities competent to order deductions from pay and allowances under this Act, namely:—
(a) Commanders not below the rank of Group Commanders, in the case of persons other than officers;
(b) Inspector-General, in the case of officers.
(7) Any authority superior to the one ordering any deduction under this Act shall be competent to remit the whole or part of the said deduction.
(8) Any power conferred by the provisions of this section on an officer may be exercised by an officer or authority superior in command to the first mentioned officer.
Section 137 Powers and duties conferable and imposable on members of the Security Guard.
(1) The Central Government may, by general or special order published in the Official Gazette, direct that, subject to such conditions and limitations as may be specified in the order, any member of the Security Guard may exercise or discharge such of the powers or duties under any Central Act as may be specified in the said order, being the powers and duties which, in the opinion of the Central Government, an officer of the corresponding or lower rank is by such Central Act empowered to exercise or discharge for the said purposes.
(2) The Central Government may, by general or special order published in the Official Gazette, confer 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.
(2) The Central Government may, by general or special order published in the Official Gazette, confer 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.
Section 138 Protection for acts of members of the Security Guard. 2 docs
(1) In any suit or proceeding against any member of the Security Guard for any act done by him in pursuance of a warrant or order of a competent authority, it shall be lawful for him to plead that such act was done by him under the authority of such warrant or order.
(2) Any such plea may be proved by the production of the warrant or order directing the act, and if it is so proved the member of the Security Guard shall thereupon be discharged from liability in respect of the act so done by him, notwithstanding any defect in the jurisdiction of the authority which issued such warrant or order.
(3) Notwithstanding anything contained in any other law for the time being in force, any legal proceeding (whether civil or criminal) which may lawfully be brought against any member of the Security Guard for anything done or intended to be done under the powers conferred by, or in pursuance of, any provision of this Act or the rules, shall be commenced within three months after the act complained of was committed and not otherwise, and notice in writing of such proceeding and of the cause thereof shall be given to the defendant or his superior officer at least one month before the commencement of such proceeding.
(2) Any such plea may be proved by the production of the warrant or order directing the act, and if it is so proved the member of the Security Guard shall thereupon be discharged from liability in respect of the act so done by him, notwithstanding any defect in the jurisdiction of the authority which issued such warrant or order.
(3) Notwithstanding anything contained in any other law for the time being in force, any legal proceeding (whether civil or criminal) which may lawfully be brought against any member of the Security Guard for anything done or intended to be done under the powers conferred by, or in pursuance of, any provision of this Act or the rules, shall be commenced within three months after the act complained of was committed and not otherwise, and notice in writing of such proceeding and of the cause thereof shall be given to the defendant or his superior officer at least one month before the commencement of such proceeding.
Section 139 Power to make rules. 3 docs
(1) The Central Government may, by notification, make rules for carrying out the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
(a) the manner in which the Security Guard shall be constituted and the conditions of service of its members under sub-section (1) of section 4;
(b) the nature of the book or letter or other document, the communication or publication whereof would not be restricted by sub-section (1) of section 12;
(c) the purposes other than political purposes for which a person subject to the Act shall not participate in, or address, any meeting or demonstration under sub-section (2) of section 12;
(d) the purposes for which the forfeiture of service as a punishment may be inflicted under sub-section (1) of section 47;
(e) the manner in which officers may be proceeded against under section 53 and sub-sections (1) and (2) of section 54;
(f) the manner in which and the period for which any person subject to this Act may be taken into and detained in Security Guard custody pending his trial under sub-section (4) of section 56;
(g) the manner in which a Court of inquiry enquiring into the absence of person, shall administer oath or affirmation under sub-section (1) of section 60;
(h) the manner in which a vacancy may be filled in on the retirement of a member of General Security Guard Court or a Petty Security Guard Court under sub-section (3) of section 81;
(i) the manner in which oath or affirmation shall be administered to the members of the Security Guard Courts and the Judge Attorney, etc., under sub-section (1) of section 82;
(j) the manner in which a person giving evidence before a Security Guard Court shall be sworn or affirmed in under sub-section (2) of section 82;
(k) the manner in which a Security Guard Court when convicting a person may inquire into under sub-section (1) of section 95;
(l) the manner in which an accused person shall be kept in custody under sub-section (4) of section 96;
(m) the form of the warrant which shall be forwarded to the officer in charge of the prison in which a person under sentence of imprisonment is to be conferred under sub-section (2) of section 117;
(n) the person who shall forward the warrant for the confinement of a person in a civil prison under section 121;
(o) the matters relating to inter se seniority of persons belonging to the same rank under sub-section (2) of section 135;
(p) the authorities or officers to be prescribed under section 7, sub-section (2) of section 10, sub-section (1) of section 12, section 77, section 97, section 111, sub-section (2) of section 113, sub-sections (1), (2) and (4) of section 117 and section 124;
(q) any other matter which is to be, or may be, prescribed or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government, necessary for the proper implementation of this Act.
(3) Every rule made under this Act 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 rule or both Houses agree that the rule should not be made, the rule 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 rule.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
(a) the manner in which the Security Guard shall be constituted and the conditions of service of its members under sub-section (1) of section 4;
(b) the nature of the book or letter or other document, the communication or publication whereof would not be restricted by sub-section (1) of section 12;
(c) the purposes other than political purposes for which a person subject to the Act shall not participate in, or address, any meeting or demonstration under sub-section (2) of section 12;
(d) the purposes for which the forfeiture of service as a punishment may be inflicted under sub-section (1) of section 47;
(e) the manner in which officers may be proceeded against under section 53 and sub-sections (1) and (2) of section 54;
(f) the manner in which and the period for which any person subject to this Act may be taken into and detained in Security Guard custody pending his trial under sub-section (4) of section 56;
(g) the manner in which a Court of inquiry enquiring into the absence of person, shall administer oath or affirmation under sub-section (1) of section 60;
(h) the manner in which a vacancy may be filled in on the retirement of a member of General Security Guard Court or a Petty Security Guard Court under sub-section (3) of section 81;
(i) the manner in which oath or affirmation shall be administered to the members of the Security Guard Courts and the Judge Attorney, etc., under sub-section (1) of section 82;
(j) the manner in which a person giving evidence before a Security Guard Court shall be sworn or affirmed in under sub-section (2) of section 82;
(k) the manner in which a Security Guard Court when convicting a person may inquire into under sub-section (1) of section 95;
(l) the manner in which an accused person shall be kept in custody under sub-section (4) of section 96;
(m) the form of the warrant which shall be forwarded to the officer in charge of the prison in which a person under sentence of imprisonment is to be conferred under sub-section (2) of section 117;
(n) the person who shall forward the warrant for the confinement of a person in a civil prison under section 121;
(o) the matters relating to inter se seniority of persons belonging to the same rank under sub-section (2) of section 135;
(p) the authorities or officers to be prescribed under section 7, sub-section (2) of section 10, sub-section (1) of section 12, section 77, section 97, section 111, sub-section (2) of section 113, sub-sections (1), (2) and (4) of section 117 and section 124;
(q) any other matter which is to be, or may be, prescribed or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government, necessary for the proper implementation of this Act.
(3) Every rule made under this Act 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 rule or both Houses agree that the rule should not be made, the rule 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 rule.
Section 140 Provisions as to existing National Security Guard.
(1) The National Security Guard in existence at the commencement of this Act shall be deemed to be the Security Guard constituted under this Act.
(2) The members of the National Security Guard in existence at the commencement of this Act shall be deemed to have been appointed as such under this Act.
(3) Anything done or any action taken before the commencement of this Act in relation to the constitution of the National Security Guard referred to in sub-section (1), in relation to any person appointed, shall be as valid and as effective in law as if such thing or action was done or taken under this Act:
Provided that nothing in this sub-section shall render any person guilty of any offence in respect of anything done or omitted to be done by him before the commencement of this Act.
(2) The members of the National Security Guard in existence at the commencement of this Act shall be deemed to have been appointed as such under this Act.
(3) Anything done or any action taken before the commencement of this Act in relation to the constitution of the National Security Guard referred to in sub-section (1), in relation to any person appointed, shall be as valid and as effective in law as if such thing or action was done or taken under this Act:
Provided that nothing in this sub-section shall render any person guilty of any offence in respect of anything done or omitted to be done by him before the commencement of this Act.