The Intelligence Organisations (Restriction of Rights) Act, 1985
# THE INTELLIGENCE ORGANISATIONS (RESTRICTION OF RIGHTS) ACT, 1985
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# ARRANGEMENT OF SECTIONS
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SECTIONS

1. Short title, extent and commencement.
2. Definitions.
3. Restrictions respecting right to form association, freedom of speech, etc.
4. Penalty.
5. Offences to be cognizable.
6. Power to amend Schedule.
7. Power to make rules.


THE SCHEDULE.


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# THE INTELLIGENCE ORGANISATIONS (RESTRICTION OF RIGHTS) ACT, 1985


# ACT NO. 58 OF 1985

[6th September, 1985.]

# An Act to provide for the restriction of certain rights conferred by Part III of the Constitution in
 their application to the members of certain organisations established by the Central Government for purposes of intelligence or counter-intelligence so as to ensure the proper discharge of their duties and the maintenance of discipline among them.

BE it enacted by Parliament in the Thirty-sixth Year of the Republic of India as follows:—

# 1. Short title, extent and commencement.—(1) This Act may be called the Intelligence

Organisations (Restriction of Rights) Act, 1985.

(2) It extends to the whole of India.

(3) It shall come into force on such date[1] as the Central Government may, by notification in the

Official Gazette, appoint.

**2. Definitions.—In this Act, unless the context otherwise requires,—**

(a) “Intelligence Organisation” means any organisation established by the Central Government

for purposes of intelligence or counter-intelligence and specified in the Schedule;

(b) “member of an Intelligence Organisation” means any person appointed to, or employed in,

any Intelligence Organisation;

(c) “prescribed” means prescribed by rules made under this Act.

**3. Restrictions respecting right to form association, freedom of speech, etc.—(1) No member of**

an Intelligence Organisation shall,—

(a) be a member of, or be associated in any way with, any trade union, labour union, political

association or with any class of trade unions, labour unions or political associations; or

(b) be a member of, or be associated in any way with, or raise funds for, or hold office in, or

function in any other manner for, any other society, institution, association or organisation that is not
recognised by the Central Government as part of the Intelligence Organisation of which he is a
member or is not of a purely social, recreational or religious nature; or

(c) communicate with the press or publish or cause to be published any book, letter, pamphlet,

poster or other document except with the prior permission of the head of the Intelligence
Organisation; or

(d) except for purposes of official duty, contact, or communicate with any person on any matter

relating to functioning, structure, personnel or organisational affairs of the Intelligence Organisation
of which he is a member;

(e) use the name of the Intelligence Organisation of which he is a member for purposes not

authorised by the head of the Intelligence Organisation or in any other manner except for purposes
relating to the official work and functioning of the Organisation itself.

_Explanation.—If any question arises as to whether any society, institution, association or organisation_

is of a purely social, recreational or religious nature under clause (b) of this sub-section, the decision of
the Central Government thereon shall be final.

(2) No member of an Intelligence Organisation, shall participate in, or address, any meeting or take

part in any demonstration organised by any body of persons for any political purposes or for such other
purposes as may be prescribed.

1. 9th December, 1985, vide notification No. S.O. 885(E), dated 9th December, 1985, see Gazette of India, Extraordinary, Part II,

sec. 3(ii).

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**4. Penalty.—Any person who contravenes any of the provisions of section 3 shall, without prejudice**

to any other action that may be taken against him, be punishable with imprisonment for a term which may
extend to two years, or with fine which may extend to two thousand rupees, or with both.

**5. Offences to be cognizable.—Notwithstanding anything contained in the Code of Criminal**

Procedure, 1973 (2 of 1974),all offences punishable under section 4 shall be cognizable.

**6. Power to amend Schedule.—(1) The Central Government may, be notification in the Official**

Gazette, amend the Schedule by including therein any other organisation established by the Central
Government for purposes of intelligence or counter-intelligence or by omitting therefrom any
organisation already specified therein and on the publication of the notification, such organisation shall be
deemed to be specified in, or, as the case may be, omitted from, the Schedule.

(2) A copy of every notification issued under sub-section (1) shall, as soon as may be after it is issued,

be laid before each House of Parliament.

**7. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette,**

make rules to carry out the purposes of this Act.

(2) Every rule made by the Central Government 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.

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THE SCHEDULE



[See section 2(a) and section 6(1)]


1. The Intelligence Bureau.


2. The Research and Analysis Wing.

1[3. Directorate General of Security.]


2[4. The National Technical Research Organisation.]


1. Ins. by notification No S.O. 208(E), dated 12th March, 1987.
2. Ins. by notification No. S.O. 1548(E), dated 12th May, 2017.


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