THE SPECIAL PROTECTION GROUP (AMENDMENT) BILL, 2002

BILL

further to amend the Special Protection Group Act, 1988.

Be it enacted by Parliament in the Fifty-third Year of the Republic of India as follows:—

1. Short title.-This Act may be called the Special Protection Group (Amendment) Act, 2002.

2. Amendment of section 4.-In the Special Protection Group Act, 1988 (34 of 1988) (hereinafter referred to as the principal Act), in sub-section (1) of section 4, for clause (ii), the following clauses shall be substituted, namely:—

“(ii) any former Prime Minister and his spouse—

(a) for a period of one year from the date on which the former Prime Minister ceased to hold office and beyond one year as decided by the Central Government, so however that not more than twelve months shall elapse between two consecutive assessments made in regard to the need for proximate security;

(b) on their visits abroad, based on entitlement to proximate security and the level of threat as assessed by the Central Government;

(iii) the members of immediate family of a former Prime Minister for a period of three months from the date on which he ceases to hold office of the Prime Minister and thereafter subject to review by the Central Government on a case to case basis ;”.

3. Amendment of section 5.-In section 5 of the principal Act, in sub-section (2), for the words “Deputy Directors, Assistant Directors, Joint Assistant Directors”, the words “Inspectors General, Deputy Inspectors General, Assistant Inspectors General” shall be substituted.

STATEMENT OF OBJECTS AND REASONS

The Special Protection Group Act, 1988 (SPG Act) was enacted, inter alia, for providing proximate security to the Prime Minister and his immediate family members.

2. The aforesaid Act was amended by the Special Protection Group (Amendment) Act, 1991 so as to provide proximate security by the Special Protection Group (SPG) to former Prime Ministers and the members of their immediate families for a period of five years from the date on which the former Prime Minister ceased to hold the office of the Prime Minister. It also provided that any former Prime Minister or any member of the immediate family of the Prime Minister or of the former Prime Minister might decline such proximate security.

3. The SPG Act was further amended in 1995 to extend the protection of the Special Protection Group to former Prime Ministers and members of their immediate families for a period of ten years instead of five years.

4. The SPG Act was again amended in 1999 to provide proximate security to any former Prime Minister or to any member of the immediate family of such former Prime Minister even beyond the period of ten years, where the level of threat justified such security. However, if the level of threat justified continuation of Special Protection Group's security or alternative security, the same was to be provided by the Government. It was further provided that where the proximate security was withdrawn from a former Prime Minister, such security shall also stand withdrawn from members of the immediate family of such former Prime Minister.

5. The Central Government has considered the matter further. In view of the manpower constraints being faced by the SPG and the financial burden being borne by the Government on providing such security, it is considered that proximate security to be provided to the former Prime Ministers and their spouses should be made available for a period of one year from the date on which the former Prime Minister ceases to hold office and beyond one year as decided by the Central Government, so however that not more than twelve months shall elapse between two consecutive assessments made in this regard. The proximate security to members of the immediate family of a former Prime Minister is
proposed to be restricted to a period of three months from the date on which he ceases to hold office, but may be continued subject to review by the Central Government on a case to case basis. It has also been decided that a former Prime Minister and his spouse shall be provided proximate security, on their visits abroad, based on entitlement to proximate security and the level of threat as assessed by the Central Government.

6. It is proposed to further amend the Special Protection Group Act, 1988, accordingly.

7. The Bill seeks to achieve the aforesaid objects.

New Delhi; L. K. ADVANI.

The 17th November, 2002.

ANNEXURE

Extracts from the Special Protection Group Act, 1988

(34 of 1988)

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4. Constitution of the Group.-(1) There shall be an armed force of the Union called the Special Protection Group for providing proximate security to—

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(ii) any former Prime Minister or to the members of his immediate family—

(a) for a period of ten years from the date on which the former Prime Minister ceased to hold the office of the Prime Minister; and

(b) for any period beyond the period of ten years referred to in sub-clause (a) in a case where the level of threat faced by the former Prime Minister or by any member of his immediate family is of such a nature that such level of threat justifies the provision of proximate security to such former Prime Minister or such member of his immediate family, as the case may be:

Provided that, while assessing the level of threat, the Central Government shall take into account the following factors, namely:—

(A) that the threat emanates from any militant or terrorist organisation; and

(B) that the threat is of a grave and continuing nature:

Provided further that the Central Government shall assess the level of threat periodically in such a manner that not more than twelve months shall elapse between two consecutive assessments.

5. Control, direction, etc.-(1) * * * * *

(2) The Director shall, in the discharge of his duties under this Act, be assisted by such number of Deputy Directors, Assistant Directors, Joint Assistant Directors and other officers as may be appointed by the Central Government.

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