Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com National Security (Second Amendment) Act, 1984 60 of 1984 CONTENTS 1. Short title and commencement 2. Insertion of new section 5A 3. Amendment of section 14 4. Amendment of section 14A 5. Repeal and Saving National Security (Second Amendment) Act, 1984 60 of 1984 An Act further to amend the National Security Act, 1980. Be it enacted by Parliament in the Thirty-fifth Year of the Republic of India as follows: - 1. Short title and commencement :- (1) This Act may be called the National Security (Second Amendment) Act, 1984 (2) It shall be deemed to have come into force on the 21st day of June, 1984. 2. Insertion of new section 5A :- In the National Security Act, 1980 (hereinafter referred to as the principal Act), after section 5, the following section shall be inserted, namely: - Grounds of detention severable. "5A. Where a person has been detained in pursuance of an order of detention [whether made before or after the commencement of the National Security (Second Amendment) Act, 1984] under section 3 which has been made on two or more grounds, such order of detention shall be deemed to have been made separately on each of such grounds and accordingly- (a) such (order shall not be .deemed to be Invalid or inoperative merely because one or some, of the grounds is or are- (i) vague, (ii) non-existent, (iii) not relevant, (iv) not connected or not proximately connected with such person, or (v) invalid for any other reason whatsoever, and it is not, therefore, possible to hold that the Government or officer making such order would have been satisfied as provided in section 3 with reference to the remaining ground or grounds and made the order of detention; (b) the Government or officer making the order of detention shall be deemed to have made the order of detention under the said section after being satisfied as provided in that section with reference to the remaining ground or grounds.". 3. Amendment of section 14 :- In section 14 of the principal Act, for sub-section (2), the following sub-section shall be substituted, namely: - "(2) The expiry or revocation of a detention order (hereafter in this sub-section referred to as the earlier detention order) shall not [whether such earlier detention order has been made before or after the commencement of the National Security (Second Amendment) Act, 1934] bar the making of another detention order (hereafter in this sub-section referred to as the subsequent detention order) under section 3 against the same person: Provided that in a case where no fresh facts have after the expiry o r revocation of the earlier detention order made against such person, the maximum period for which such person may be detained in pursuance of the subsequent detention order shall, in no case, extend beyond the expiry of a period of twelve months from the date of detention under the earlier detention order.". 4. Amendment of section 14A :- In the principal Act as applicable to the State of Punjab and the Union territory of Chandigarh, in section 14A, in sub-section (2),- (i) in the opening portion, for the words and figures "sections 10 to 13", the words and figures "sections 10 to 14" shall be substituted; (ii) after clause (d) the following clause shall be inserted, namely:- (e) in section 14, in the proviso to sub-section (2), for the words "twelve months", the words "two years" shall be substituted.. 5. Repeal and Saving :- (1) The National Security (Second Amendment) Ordinance, 1984, is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the principal Act, as amended by the said Ordinance, shall be deemed to have been done or taken under the principal Act, as amended by this Act.