135. Rank structure.—(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.
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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;
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(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.
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.
138. Protection for acts of members of the Security Guard.—(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.
139. Power to make rules.—(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;
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(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.
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.
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(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.