Section 8

(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 subsection (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. (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. 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 conferrable and imposable on members of the Security Guard. (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) 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. (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 House 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 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. (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-section (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; (1) The Central Government may, be notification, make rules for carrying out the provisions of this Act. - (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.