DRAFT INTELLIGENCE BILL

8/7/2019 DRAFT INTELLIGENCE BILL

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Intelligence Services

(Unification, Powers& Regulation) Bill,

2010


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ARRANGEMENTS OF SECTIONS

S.No. Title Pg

Part I

General

1. Objects: 4

2. Short title Commencement and Extent 4

3. Definitions 5

Part II

The Research & Analysis Wing

4. The Research & Analysis Wing 8

5. The Chief of R&AW 8

Part III

The Intelligence Bureau

6. The Intelligence Bureau 9

7 The Director 10

Part IV

The National Technical Research Organisation

8. NTRO 11

9. The Chairman of NTRO 12

Part V

Authorisations and Procedures


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27. Intelligence Ombudsman 25

28. Procedure 27

29. Investigation of Complaints 27

30. References and investigations by the Ombudsman 28

31. Report of conclusions 28

32. Remedies 28

33. Responsibilities of IB, R&AW and NTRO as the case may be 29


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Part I

General

1. Short title Commencement and Extent

(1) This Act may be called theIntelligence Services (Unification, Powers & Regulation) Bill,

2010

(2) This Act shall come into force on such date as the Central Government may by

notification in the Official Gazette, appoint Cabinet Secretary to authorize its issue..

(3) This Act extends to the whole of India and applies to :-

(a) to all Citizens of India, inside and outside India;

(b) to persons in the service of the Government wherever they may be; and

(c) to persons on ships and aircrafts registered in India wherever they may be.

(4) The following laws, rules and regulations shall stand revoked and replaced by the

provisions of this Act simultaneously upon this Act coming into effect.

2. Objects:

There are multiple intelligence agencies functioning in the Indian Territory and

beyond. There is a need of an act to acknowledge the existence of such intelligence

agencies working for the government of India and to regulate the manner of their

functioning, exercise of powers within and beyond the territory of India and to

specify their coordination, control and oversight. There is an immediate need to

bring these agencies under a unified law to enable better coordination, intelligence

sharing and to have an appropriate oversight. This Intelligence Services

(Unification, Powers & Regulation) Bill, 2010 will also help to enhance the

performance and reputation of these intelligence and investigation agencies amongst


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the best in the world as a result of improvement in efficiency and transparency in

their functioning.

3. Definitions

In this Act, unless the context otherwise requires:

i. Cabinet Secretary shall mean the administrative head of the Cabinet Secretariat

which is directly under the charge of the Prime Minister and is also the ex-officio

Head of the Civil Services Board.

ii. Committee shall mean the National Intelligence & Security Oversight

Committee as established under Section 13;

iii. Comptroller and Auditor General shall have the meaning as provided under

Article 148 of the Constitution of India.

iv. Covert Action shall mean and include special activities conducted in support of

national domestic security or foreign policy objectives abroad which are planned

and executed in such a manner that the role of the Central Government is not

apparent or acknowledged publicly, and functions in support of such activities,

which are not intended to influence domestic political processes and do not

include diplomatic activities abroad;v. Cryptography shall mean the act or art of writing or deciphering secret

characters.

vi. Cyber Crime shall mean and include the offences provided under Chapter 11 of

the Information Technology Act, 2000;

vii. Encrypted shall mean the information or data which has been converted into a

cipher or code to prevent unauthorised access.

viii. Electromagnetic shall mean the emissions of or pertaining to interrelation of

electric currents or fields and magnetic fields or fields having both electric and

magnetic aspects and properties.

ix. Indian Territory shall have the same meaning ascribed to the territory of India

under Article 1 of the Constitution of India..

x. "Law Enforcement Agency" shall mean and includes-


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i. any government department,

ii. any other person charged with the duty of investigating offences or

charging offenders, and

iii. any other person engaged outside the Indian Territory in the carrying on of

activities similar to any carried on by IB, R&AW, NTRO.

xi. Leader of Opposition shall have the same meaning ascribed to it in the Salary

and Allowances of Leaders of Opposition in Parliament Act, 1977.

xii. Major Crime shall mean and include all Terrorist Acts, war, low intensity

conflict, acts of aggression on the sovereign territory of India, its citizens within

or beyond the territory of India, its vessels etc or any other act against National

Security.

xiii. Member of the Tribunal shall mean the members appointed under Section

19(2);

xiv. NTRO shall mean the National Technical Research Organisation;

xv. National Security shall be understood to mean the sovereignty, territorial

integrity, constitutional order, and fundamental economic stability of the Union of

India, as well as global security which are essential to the Union of India. Threats

to National Security would include:

(a) Terrorist Acts, including international terrorism;

(b) espionage directed against the Union of India or otherwise detrimental to the

security of the Union of India;

(c) sabotage directed against the vital national infrastructure of the Union of India

or otherwise directed against the Union of India;

(d) organised crime directed against the Union of India or otherwise detrimental

to the security of the Union of India;

(e) drug, arms and human trafficking directed against the Union of India or

otherwise detrimental to the security of the Union of India;


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(f) illegal international proliferation of weapons of mass destruction, or the

components thereof, as well as materials and tools required for their

production;

(g) illegal trafficking of internationally controlled products and technologies;

(f) organised acts of violence or intimidation against ethnic or religious groups

within the Union of India.

xvi. Political Party shall mean and include an association or a body of individual

citizens of India registered with the election commission as a political party under

Section 29 A of the Representation of People Act, 1951.

xvii. Sabotage shall mean and include the intentional or deliberate destruction of

Public Property and Private Property.

xviii. State shall have the meaning as provided under Article 12 of the Constitution

of India;

xix. Terrorist Act shall mean as an act by any person whoever,

(a) with intent to threaten the unity, integrity, security or sovereignty of India or to

strike terror in the people or any section of the people does any act or thing by

using bombs, dynamite or other explosive substances or inflammable substancesor firearms or other lethal weapons or poisons or noxious gases or other chemicals

or by any other substances (whether biological or otherwise) of a hazardous

nature or by any other means whatsoever, in such a manner as to cause, or likely

to cause, death of, or injuries to any person or persons or loss of, or damage to, or

destruction of, property or disruption of any supplies or services essential to the

life of the community or causes damage or destruction of any property or

equipment used or intended to be used for the defence of India or in connection

with any other purposes of the Government of India, any State Government or any

of their agencies, or detains any person and threatens to kill or injure such person

in order to compel the Government or any other person to do or abstain from

doing any act;


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(b) is or continues to be a member of an association declared unlawful under the

Unlawful Activities (Prevention) Act, 1967 (37 of 1967), or voluntarily does an

act aiding or promoting in any manner the objects of such association and in

either case is in possession of any unlicensed firearms, ammunition, explosive or

other instrument or substance capable of causing mass destruction and commits

any act resulting in loss of human life or grievous injury to any person or causes

significant damage to any property, commits a terrorist act.

Explanation - For the purposes of this sub-section, "a terrorist act" shall include

the act of raising funds intended for the purpose of terrorism.

xx. The President of India shall have the meaning as provided under Article 52 of

the Constitution of India;

xxi. Union of India shall have the meaning ascribed to it under Article 300 of the

constitution of India;

Part II

The Research & Analysis Wing

4. The Research & Analysis Wing

(l) There shall continue to be a Research & Analysis Wing (in this Act referred to as "R&AW")

under the authority of the Prime Minister; and, subject to sub-section (2) below, its functions

shall be-

(a) to obtain and provide information relating to the actions or intentions of nations, persons

and entities including bodies corporate outside the Indian Territory; and

(b) to perform other tasks relating to the actions or intentions of such persons.

(2) The functions of R&AW shall be exercisable only


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(a) in the interests of National Security, with particular reference to the defence, security,

strategic and foreign policies of the Union of India; or

(b) in the interests of the economic well-being of the Union of India; or

(c) in support of the prevention, detection, interdiction or investigation of acts of Major

Crime, especially Terrorist Acts.

5. The Chief of R&AW

(1) The operations of R&AW shall continue to be under the control of a Chief of R&AW

appointed by the Prime Minister.

(2) The Chief of R&AW shall be responsible for the effective functioning of that Service and it

shall be his duty to ensure

(a) that there are institutional arrangements for ensuring that no information is obtained by

R&AW except so far as necessary for the proper discharge of its functions and that no

information is disclosed by it except so far as necessary for the proper and efficacious

conduct of defence, economic, security, strategic and foreign policies as well as the

prevention, detection, interdiction, investigation, and prosecution of Major Crimeespecially terrorism.

(b) that R&AW does not take any action that furthers the interests of any political party,

coalition of political parties or similar interest group in power or in opposition.

(c) that there are arrangements with IB and NTRO for co-ordinating the activities of IB in

pursuance of section 6(4) of this Act with the activities of central and state police forces

including para-military organisations and other Law Enforcement Agencies.

(3) Without prejudice to the generality of sub-section (2)(a) above, the disclosure of information

shall be regarded as necessary for the proper discharge of the functions of R&AW if it

consists of


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(a) the disclosure of records subject to and in accordance with the Official Secrets Acts,

1923; or

(b) the disclosure, subject to and in accordance with arrangements approved by the Cabinet

Secretary, of information to the Comptroller and Auditor General for the purposes of his

functions.

(4) The Chief of R&AW shall make a bi-annual report on the work of R&AW to the Prime

Minister and the Cabinet Secretary and may at any time report to either of them on any

matter relating to its work.

(5) The Chief of R&AW shall not be eligible for any post retirement benefit apart from the

benefits available to him in the capacity of a Consultant to the Government of India.

Part III

The Intelligence Bureau

6. The Intelligence Bureau -

(1) There shall continue to be Intelligence Bureau (in this Act referred to as IB) reporting to

the Prime Minister of India.

(2) The function of IB shall be the protection of National Security and, in particular, its

protection against threats from espionage, Terrorist Acts and Sabotage, from the activities of

agents of foreign powers or Indian Nationals/residents and from actions intended to

overthrow or undermine parliamentary democracy by violent means.

(3) It shall also be the function of IB to safeguard the economic well-being of the Union of India

against threats posed by the actions or intentions of any persons whether Indian Nationals or

otherwise inside the Indian Territory.

(4) It shall also be the function of IB to act in support of the activities of central and state police

forces including para-military organisations, other Law Enforcement Agencies in the

prevention and detection of Major Crime.


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7 The Director-

(1) The operations of the Service shall continue to be under the control of a Director-appointed

by the Prime Minister.

(2) The Director shall be responsible, under overall guidance of the Home Minister, for the

efficient functioning of IB and it shall be his duty to ensure

(a) that there are arrangements for securing that no information is obtained by IB except so

far as necessary for the proper discharge of its functions or disclosed by it except so far as

necessary for the protection and preservation of National Security from Terrorist Acts,

espionage, Sabotage or attempts to undermine parliamentary democracy including by,

either agents of foreign nations or Indian citizens or residents.

(b) that the Service does not take any action that furthers the interests of any political party,

coalition of political parties or similar interest group in power or opposition; and

(c) that there are arrangements with R&AW and NTRO for co-ordinating the activities of IB

in pursuance of section 6(4) of this Act with the activities of central and state police

forces including para-military organisations and other Law Enforcement Agencies.

(3) The arrangements mentioned in sub-section (2)(a) above shall be such as to ensure that

information in the possession of IB is not disclosed for use in determining whether a person

should be employed, or continue to be employed, by any person, or in any office or capacity,

except in accordance with the provisions in that behalf approved by the Cabinet Secretary.


shall be regarded as necessary for the proper discharge of the functions of IB if it consists of

(a) the disclosure of records subject to and in accordance with the Official Secrets Act 1923;

or


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(b) the disclosure, subject to and in accordance with arrangements approved by the Cabinet

Secretary, of information to the Comptroller and Auditor General for the purposes of his

functions.

(5) The Director shall make a bi-annual report on the work of the Service to the Prime Minister

and the Cabinet Secretary and may at any time report to either of them on any matter relating

to its work.

Part IV

The National Technical Research Organisation

8. NTRO

(1) There shall continue to be a National Technical Research Organisation under the authority of

the Prime Minister; and, subject to sub-section (2) below, its functions shall be

(a) to monitor or interfere with all forms of communications using technical means within

and beyond the territorial boundaries of India and any equipment producing such

emissions and to obtain and provide information derived from or related to such

emissions or equipment and from encrypted material; and

(b) to prevent and guard against Cyber Crime; and.

(c) to provide advice and assistance about

(i) languages, including technical terminology used for technical matters, and

(ii) Cryptography and other matters relating to the protection of information and other

material,

to the armed forces of the Union of India, to the President of India or to any other

organisation which is determined for the purposes of this section in such manner as may be

specified by the Prime Minister.


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(2) The functions referred to in sub-section (1) (a) above shall be exercisable only

(a)in the interests of National Security, with particular reference to the defence, security,

strategic and foreign policies of the Union of India; or

(b) in the interests of the economic well-being of the Union of India in relation to the actions

or intentions of any persons whether Indian nationals or otherwise, inside or outside the

Indian Territory; or

(c) in support of the prevention, detection, interdiction or investigation of Major Crime.

(3) In this Act the expression "NTRO" refers to the National Technical Research Organisation

and to any unit or part of a unit of the armed forces of the Union of India which is for thetime being is required by the Prime Minister to assist NTRO in carrying out its functions.

9. The Chairman of NTRO

(l) The operations of NTRO shall continue to be under the control of a Chairman appointed by

the Prime Minister.

(2) The Chairman of NTRO shall be responsible for the efficient functioning of NTRO and it

shall be his duty to ensure

(a) that there are arrangements for ensuring that no information is obtained by NTRO except

so far as necessary for the proper discharge of its functions and that no information is

disclosed by it except so far as necessary for that purpose or for the purpose of any matter

connected with ensuring the security, stability and sovereignty of India.

(b) that NTRO does not take any action that furthers the interests of any political party or

similar interest group.


shall be regarded as necessary for the proper discharge of the functions of NTRO if it

consists of


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(a) the disclosure of records subject to and in accordance with the Official Secrets Act 1923;

or

(b) the disclosure, subject to and in accordance with arrangements approved by the Prime

Minister, of information to the Comptroller and Auditor General for the purposes of his

functions.

(4) The Chairman of NTRO shall make a bi-annual report on the work of NTRO to the Prime

Minister and shall at any time report to the Prime Minister on any matter relating to its work.

Part V

Authorisations and Procedures

10. Authorisation of certain actions for R&AW, IB and NTRO -

(1) No entry on or interference with property or with all forms of communication including

wireless telegraphy shall be unlawful if it is authorised by a warrant issued by the authority

designated by the Government of India in this regard. The authority so designated would not

be an officer below the rank of an Additional Secretary to the Government of India in the

department of Home Affairs (hereinafter reffered to as the Designated Authority).

(2) The Designated Authority may, on an application made by IB, R&AW or NTRO, as

applicable, issue a warrant under this section authorising the taking, subject to sub-section (3)

below, of such action as is specified in the warrant in respect of any property so specified or

in respect of all forms of communication including wireless telegraphy so specified if the

Designated Authority

(a) thinks it necessary for the action to be taken on the ground that it is likely to be ofsubstantial value in assisting, as the case maybe,

(i) IB in carrying out any of its functions under section 6 above; or

(ii) R&AW in carrying out any of its functions under section 4 above; or


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(iii) NTRO in carrying out any function which falls within section 8(1)(a) above;

(b) is satisfied that what the action seeks to achieve cannot reasonably be achieved by any

other means; and

(c) is satisfied that satisfactory arrangements are in force under section 7(2)(a) above, section

4(2)(a) above or section 8(2)(a)above with respect to the disclosure of information

obtained by virtue of this section and that any information obtained under the warrant

will be subject to those arrangements.

(3) A warrant authorising the taking of action in support of the prevention or detection or

interdiction of Major Crime or any Terrorist Act may not necessarily relate to property in the

Indian Territory.

(4) Subject to sub-section (5) below, IB may make an application under sub-section (2) above for

a warrant to be issued authorising that Service (or a person acting on its behalf) to take such

action as is specified in the warrant on behalf of R&AW or NTRO and, where such a warrant

is issued, the functions of IB shall include the carrying out of the action so specified, whether

or not it would otherwise be within its functions.

(5) IB may not make an application for a warrant by virtue of sub-section 4 above except where

the action proposed to be authorised by the warrant

(a) is action in respect of which R&AW or the NTRO, as the case may be, could make such

an application; and

(b) is to be taken otherwise than in support of the prevention, detection or interdiction of

Major Crime especially Terrorist Act..

11. Warrants, procedure, duration, for the for R&AW, IB and NTRO

(1) A warrant shall not be issued except

(a) under the hand of the Designated Authority ; or


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(b) in an urgent case where the Prime Minister has expressly authorised its issue and a

statement of that fact is endorsed on it, under the hand of the Director of IB, the Chief of

R&AW or the Chairman of NTRO

(2) A warrant shall, unless renewed under sub-section (3) below, cease to have effect

(a) if the warrant was under the hand of the Designated Authority, at the end of the period of

six months beginning with the day on which it was issued; and

(b) in any other case, at the end of the period ending with the second working day following

that day.

(3) If at any time before the day on which a warrant would cease to have effect the DesignatedAuthority considers it necessary for the warrant to continue to have effect for the purpose for

which it was issued, he may by an instrument under his hand renew it for a period of six

months beginning with that day.

(4) The designated authority shall cancel a warrant if he is satisfied that the action authorised by

it is no longer necessary.

12. Authorisation of acts outside the Indian Territory for R&AW and NTRO

(1) If, apart from this section, a person would be liable in the Union of India for any act done

outside the Indian Territory, he shall not be so liable if the act is one which is authorised to

be done by virtue of an authorisation given by the Designated Authority under this section.

(2) The designated authority shall not give an authorisation under this section unless he is

satisfied

(a) that any acts which may be done in reliance on the authorisation or, as the case may be,

the operation in the course of which the acts may be done will be necessary for the proper

discharge of a function of R&AW or the NTRO, as the case may be; and

(b) that there are satisfactory arrangements in force to secure


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(i) that nothing will be done in reliance on the authorisation beyond what is necessary for

the proper discharge of-a function of R&AW or the NTRO, as the case may be; and

(ii) that, in so far as any acts may be done in reliance on the authorisation, their nature

and likely consequences will be reasonable, having regard to the purposes for which

they are carried out; and

(c) that there are satisfactory arrangements in force under section 5 (2) (a) and Section 9 (2)

(a) above with respect to the disclosure of information obtained by virtue of this section

and that any information obtained by virtue of anything done in reliance on the

authorisation will be subject to those arrangements.

(3) Without prejudice to the generality of the power of the designated authority to give an

authorisation under this section, such an authorisation

(a) may relate to a particular act or acts, of a description specified in the authorisation or to

acts undertaken in the course of an operation so specified;

(b) may be limited to a particular person or persons of a description so specified; and

(c) may be subject to conditions so specified.

(4) An authorisation shall not be given under this section except

(a) under the hand of the designated authority; or

(b) in an urgent case where the Prime Minister has expressly authorised its issue and a

statement of that fact is endorsed on it, under the hand of the Director of IB, the Chief of

R&AW or the Chairman of NTRO

(5) An authorisation shall, unless renewed under sub-section (6) below, cease to have effect

(a) if the authorisation was given under the hand of the Designated Authority, at the end of

the period of six months beginning with the day on which it was given;


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(b) in any other case, at the end of the period ending with the second working day following

the day on which it was given.

(6) If at any time before the day on which an authorisation would cease to have effect the

Designated Authority considers it necessary for the authorisation to continue to have effect

for the purpose for which it was given, he may by an instrument under his hand renew it for a

period of six months beginning with that day.

(7) The Designated Authority shall cancel an authorisation if he is satisfied that any act

authorised by it is no longer necessary.

Part VI

The National Intelligence and Security Oversight Committee

13. The National Intelligence and Security Oversight Committee

(l) There shall be a Committee, to be known as the National Intelligence and Security Oversight

Committee and in this section referred to as "the Committee", to examine the expenditure,

administration and compliance of policy

(a) IB;

(b) R&AW

(c) NTRO

The Committee shall not go into the operational aspects and sources of intelligence of the

functioning of R&AW, IB and NTRO as the case may be.

(2) The Committee shall consist of the Chairperson of the Rajya Sabha, the Prime Minister,

Home Minister, Leader of Opposition both in the Lok Sabha and Rajya Sabha and one

member each from the Lok Sabha and Rajya Sabha to be selected by the Prime Minister.


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(3) The members of the Committee shall be appointed by the Prime Minister after consultation

with the Leader of Opposition, and one of those members shall be so appointed as Chairman

of the Committee.

(4) The Committee shall make an annual report on the discharge of their functions to the Prime

Minister and may at any time report to him on any matter relating to the discharge of those

functions.

(5) The Prime Minister shall lay before each House of Parliament a copy of each annual report

made by the Committee under sub-section (4) above together with a statement as to whether

any matter has been excluded from that copy in pursuance of sub-section (6) below.

(6) If it appears to the Prime Minister, after consultation with the Committee, that the publication

of any matter in a report would be prejudicial to the continued discharge of the functions of

R&AW, IB or NTRO, the Prime Minister may exclude that matter from the copy of the

report as laid before each House of Parliament.

14 . Tenure of office-

(1) Subject to the provisions of this Section, a member of the Committee shall hold office for the

duration of the Parliament in which he is appointed.

(2) A member of the Committee shall vacate office

(a) if he ceases to be a member of the Lok Sabha or Speaker of the Lok Sabha ;

(b) if he ceases to be a member of the Rajya Sabha or ceases to be the chairperson of the

Rajya Sabha;

(c) if he becomes a Minister in the Cabinet; or

(d) if he is required to do so by the Prime Minister on the appointment, in accordance with

Section 13(3), of another person as a member in his place; or

(e) if he ceases to be the leader of opposition in the Lok Sabha or the Rajya Sabha.


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(3) A member of the Committee may resign at any time by notice to the Chairperson of the Rajya

Sabha.

(4) Past service is no bar to appointment as a member of the Committee.

15. Procedure -

(1) Subject to the following provisions of this Schedule, the Committee may determine their own

procedure.

(2) If on any matter there is an equality of voting among the members of the Committee, the

Chairman shall have a second or casting vote.

(3) The Chairperson may appoint one of the members of the Committee to act, in his absence, as

chairman at any meeting of the Committee, but sub-section (2) above shall not apply to a

chairman appointed under this sub-section.

(4) The quorum of the Committee shall be three.

16. Access to information -

(1) If the Director of IB, the Chief of R&AW or the Chairman of NTRO is asked by the

Committee to disclose any information, then, as to the whole or any part of the information

which is sought, he shall either

(a) arrange for it to be made available to the Committee subject to and in accordance with

arrangements approved by the Cabinet Secretary; or

(b) inform the Committee that it cannot be disclosed either

(i) Because it is sensitive information (as defined in Section 17 below) which, in his

opinion, should not be made available under sub-section 1(a) above; or

(ii) Because the Cabinet Secretary has determined that it should not be disclosed.


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(2) The fact that any particular information is sensitive information shall not prevent its

disclosure under sub-section (1)(a) above if the Director, the Chief or the Chairman (as the

case may require) considers it, safe to disclose.

(3) Information which has not been disclosed to the Committee on the ground specified in sub-

section (1) (b) (i) above shall be disclosed to them if the Cabinet Secretary considers it

desirable in the public interest.

(4)The Cabinet Secretary shall not make a determination under subsection (1) (b) (ii) above

with respect to any information on the grounds of National Security alone

(5) The disclosure of information to the Committee in accordance with the preceding provisions

of this paragraph shall be regarded for the purposes this Act as necessary for the proper

discharge of the functions of R&AW, IB, or NTRO.

17. Sensitive information

The following information is sensitive information for the purposes of section 16 above

(a) information which might lead to the identification of, or provide details of, sources of

information, other similar assistance or operational methods available to R&AW, IB orNTRO

(b) information about particular operations which have been, are being or are proposed to be

undertaken in pursuance of any of the functions of those bodies; and

(c) information provided by, or by an agency of, the Government of a territory outside the

Union of India where that Government does not consent to the disclosure of the

information.

Part VII

National Intelligence Tribunal

18 National Intelligence Tribunal


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The Central Government, shall, by notification in the Official Gazette, establish a tribunal known

as the National Intelligence Tribunal (Tribunal), on such date as it may specify, for the purpose

of investigating complaints about the R&AW, IB or NTRO.

19. The Chairperson

(l) The Prime Minister in Consultation with the Chief Justice of the Supreme Court of India shall

appoint as a Chairperson for the purposes of this Act a person who is or has been a Judge of

the Supreme Court of India.

(2) The Chairperson shall hold office in accordance with the terms of his appointment and the

Chairperson shall be paid such salary/allowances equivalent to his/her last drawn

salary/allowances.

(3) In addition to his functions under the subsequent provisions of this Act, the Chairperson shall

keep under review the exercise by the State of its powers under sections 10 to 12 above.

(4) It shall be the duty of

(a) every member of R&AW,

(b) every member of NTRO,

(c) every member of IB

to disclose or give to the Tribunal such documents or information as he/she may require for

the purpose of enabling him to discharge his functions.

(5) The Chairperson shall make a bi annual report on the discharge of his functions to the

Parliament through the prime Minister.

(6) The Prime Minister shall lay before both the Houses of Parliament a copy of each bi-annual

report made by the Chairperson under sub-section (5) above together with a statement as to

whether any matter has been excluded from that copy in pursuance of sub-section (7) below.


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(7) If it appears to the Prime Minister, after consultation with the Chairperson of the National

Intelligence Tribunal, that the publication of any matter in a report would be prejudicial to

the continued discharge of the functions of R&AW, IB or the NTRO, as the case may be, the

Prime Minister may exclude that matter from the copy of the report as laid before each House

of Parliament.

(8) The Prime Minister may, after consultation with the Chairperson provide the Chairperson

with such staff and support infrastructure as the Chairperson thinks necessary for the

discharge of his functions.

20. Constitution of the Tribunal -

(1) In addition to the Chairperson, the Prime Minister with consultation with the Chairperson of

the Tribunal shall appoint 2 (two) more members to the Tribunal consisting of;-

(a) a person not less than a High Court Judge.

(b) A person being any of the former heads of the IB or R&AW appointed alternately

(2) A member of the Tribunal shall vacate the office at the end of the period of three years

beginning with the day of his appointment or achieving the age of 68 whichever is earlier .

(3) A member of the Tribunal may be relieved from office by the President of India at his own

request or through an impeachment, with the same process as specified in Article 124 (4) of

the Constitution of India, for the impeachment of the Supreme Court and High Court Judges.

21. Procedure -

(1) The functions of the Tribunal in relation to any complaint shall be capable of being carried

out, in any place in the Union of India. .

(2) It shall be the duty of every member of R&AW, IB or NTRO to disclose or give to the

Tribunal such documents or information as they may require for the purpose of enabling

them to carry out their functions under this Act.


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(3) The Tribunal shall carry out their functions under this Act in such a way as to secure that no

document, or information disclosed or given to the Tribunal by any person is disclosed with

out his consent to any complainant, to any person (other than the Chairperson) holding office

under the Union of India or to any other person; and accordingly the Tribunal shall not,

except in reports under Section 20(1)(b) below, give any reasons for a determination notified

by them to a complainant.

(4) Subject to sub-section (3) above, the Tribunal may determine their own procedure.

22. Salaries and expenses

(1) A member shall be paid such salary/allowances equivalent to his/her last drawn

salary/allowances or equivalent to the highest paid member of the Tribunal, whichever is

higher.

23. Investigation of Complaints

Any person may complain to the Tribunal if he is aggrieved by anything which he believes

R&AW, IB or NTRO has wrongfully done in relation to him or to any property of his; and,

unless the Tribunal consider that the complaint is frivolous, vexatious or without any valid basis,

they shall deal with it in accordance with this Part.

Provided that the persons who may complain to the Tribunal under this Part include any

organisation and any association or combination of persons.

24. References and investigations by the Tribunal -

(1) If and so far as the complaint alleges that anything has been done wrongfully in relation to

any property of the complainant, the Tribunal shall investigate

(a) whether R&AW, IB or NTRO has obtained or provided information or performed any

other tasks in relation to the submissions of the complainant; and

(b) if so, whether R&AW, IB or NTRO had reasonable grounds for doing what it did.


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(2) If, in the course of the investigation of a complaint by the Tribunal, the Tribunal consider that

it is necessary to establish whether a warrant and/or an authorisation was issued/given to

R&AW, IB or the NTRO, as applicable, under Sections 9 and/or 11 of this Act to the doing

of any act, they shall refer so much of the complaint as relates to the doing of that act to the

Designated Authority for validation of the actions. (3) If the Tribunal finds that a warrant

was issued or an authorisation was given, he shall determine whether the Designated

Authority was acting properly in issuing or renewing the warrant or, as the case may be, in

giving or renewing the authorisation.

(4) The Tribunal shall make a determination within 45 (forty five) days of the receipt of the

complaint.

25. Report of conclusions -

(1) Where the Tribunal determines under Section 24 (3) above that R&AW, IB or NTRO as the

case may be did not have reasonable grounds for its actions or inactions, they shall

(a) give notice to the complainant that they have made a determination in his favour; and

(b) make a report of their findings to the Prime Minister.

(2) Where in the case of any complaint no such determination as is mentioned in sub-section (1)

above is made by the Tribunal, the Tribunal shall give notice to the complainant that no

determination in his favour has not been made and it stands dismissed in-limine.

(3) If in any case investigated by the Tribunal -

(a) the Tribunal's conclusions on the matters which they are required to investigate are such

that no determination is made by them in favour of the complainant; but

(b) it appears to the Tribunal from the allegations made by the complainant that it is

appropriate for there to be an investigation into whether R&AW, IB, or NTRO as the

case may be, has in any other respect acted unreasonably in relation to the complainant or

his property, they shall refer that matter to the Chairperson.


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(5) The Chairperson shall personally undertake an enquiry and report within a period of 30

(thirty) days to the tribunal and the Prime Minister

26. Remedies -

(1)Where the Tribunal has given a complainant notice of such a determination as is mentioned in

Section 24(1) above, the Tribunal may do one or all of the following, namely,

(a) direct that the obtaining and provision of information in relation to the complainant or, as

the case may be, the conduct of other activities in relation to him or to any property of his

shall cease and that any records relating to such information so obtained or provided or

such other activities shall be destroyed;

(b) quash any warrant or authorisation which the Tribunal has found to have been improperly

issued, renewed or given and which he considers should be quashed;

(c)direct the Cabinet Secretary to pay to the complainant such sum by way of compensation

as may be specified by the Tribunal.

(2) Where the Prime Minister receives a report under Section 27(5) above, he may take such

action in the light of the report as he thinks fit, including any action which the Tribunal havepower to take or direct under the preceding provisions of this Section.

Part VIII

Intelligence Ombudsman

27. Intelligence Ombudsman

(1) (a) There shall be a position of Intelligence Ombudsman (hereinafter referred to as the

Ombudsman) to address any grievances of the members of staff and officers of

R&AW, IB and the NTRO. The Ombudsman shall report directly to the Cabinet

Secretary. The ombudsman shall be a person being any of the former heads of the IB or

R&AW appointed alternately.


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(b)The Ombudsman shall vacate the office at the end of the period of three years beginning

with the day of his appointment or achieving the age of 68 whichever is earlier

(c) It shall be the function of the Ombudsman

(1) to resolve grievances of members of staff or officers with the IB, R&AW and NTRO

as the case may be;

(2) to the extent possible, to propose changes in the administrative practices of IB,

R&AW and NTRO as the case may be to mitigate problems identified under sub-

section (1).

(d) Not later than 31

st

day of March of each calendar year, the Ombudsman shall report to thePrime Minister and the Cabinet Secretary on the objectives of the Ombudsman for the

fiscal year beginning in such calendar year.

Any such report shall contain full and substantive analysis, in addition to statistical

information, and

(A) shall identify the recommendations the Ombudsman has made on improving

functioning of the IB, R&AW and NTRO as the case may be;

(B) shall contain a summary of the most pervasive and serious problems encountered by

the members of staff or officers with the IB, R&AW and NTRO as the case may be,

including a description of the nature of such problems;

(C) shall contain an inventory of the items described in subparagraphs (A) and (B) for

which action has been taken and the result of such action;

(D) shall contain an inventory of the items described in subparagraphs (A) and (B) for

which action remains to be completed and the period during which each item has

remained on such inventory;


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(E) shall contain an inventory of the items described in subparagraphs (A) and (B) for

which no action has been taken, the period during which each item has remained on

such inventory, the reasons for the inaction, and shall identify any official of IB,

R&AW and NTRO as the case may be who is responsible for such inaction;

(F) shall contain recommendations for such administrative action as may be appropriate

to resolve problems encountered by grievances of members of the IB, R&AW and

NTRO as the case may be; and

(G) shall include such other information as the Ombudsman may deem advisable.

(2) Each report required under this section shall be provided directly to the Prime Minister and

the Cabinet Secretary described in sub-section (1) without any prior comment or amendment

from the Chief, Director and Chairman as the case may be, or any member of the agency

concerned.

(3) The Ombudsman may consult with the heads of IB, R&AW and NTRO as the case may be in

carrying out the Ombudsmans responsibilities under this section.

28. Procedure -

(1) The functions of the Ombudsman in relation to any complaint by a member of staff or officer

of the IB, R&AW or the NTRO as the case may be, shall be capable of being carried out, in

any place in the Union of India.

(2) It shall be the duty of every member of staff or officer R&AW, IB or NTRO to disclose or

give to the Ombudsman such documents or information as they may require for the purpose

of enabling him/her to carry out their functions under this Act.

(3) The Ombudsman shall carry out his/her functions under this Act in such a way as to secure

that no document, or information disclosed or given to him/her by any person is disclosed

with out his consent to any complainant, to any person holding office under the Union of

India or to any other person; and accordingly the Ombudsman shall not, except in reports


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under Section 31(1)(b) below, give any reasons for a determination notified by them to a

complainant.

(4) Subject to sub-section (3) above, the Ombudsman may determine his/her own procedure.

29. Investigation of Complaints

Any member of staff or officer of the IB, R&AW or the NTRO as the case may be, may

complain to the Tribunal if he is aggrieved by anything which he believes the R&AW, IB or

NTRO has wrongfully done in relation to his service and, unless the Ombudsman consider that

the complaint is frivolous, vexatious or without any valid basis, they shall deal with it in

accordance with this Part.

Provided that the persons who may complain to the Ombudsman under this Part include all past

members of staff or officer of the IB, R&AW or the NTRO as the case may be, only if the act

complained against was during the course of their service in the respective organisation.

30. References and investigations by the Ombudsman -

(1) In the event of the Ombudsman is satisfied, copy of the complaint would be forwarded to the

to the heads of R&AW, IB and the NTRO, as applicable, for there reply and submission onthe allegation or grievances made out in the application, by the complainant.

(2)The heads of R&AW, IB and the NTROs reply and submission should ber made within 3

(three) weeks to the Ombudsman and the Ombudsman shall make a finding, order and/or

recommendation within 45 (forty five) days of the receipt of the complaint.

31. Report of conclusions -

(1) Where the Ombudsman determines under Section 31 (1) above that R&AW, IB or NTRO as

the case may be did not have reasonable grounds for its actions or inactions, they shall

(a) give notice to the complainant that they have made a determination in his favour; and


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(b) make a recommendation of their findings to the head of R&AW, IB and NTRO, as

applicable..

32. Remedies -

(1)Where the Ombudsman passes a finding or an order under Section 32, the Ombudsman may

do all or one of the following namely,

(a) direct that any action or inaction by which the complainant is so aggrieved be reversed;

(b) quash authorisation or order which the Ombudsman has found to have been improperly

issued, renewed or given and which he considers should be quashed;

(c) direct the heads of R&AW, IB and NTRO, as applicable, to pay to the complainant such

sum by way of compensation as may be specified by the Ombudsman.

33. Responsibilities of IB, R&AW and NTRO as the case may be:

The Director of IB, Chief of R&AW and the Chairman of NTRO as the case may be, shall

establish procedures, requiring a formal response to all complaints received from the

Ombudsman submitted to such Director, Chief or Chairman as the case may be, by the

Ombudsman and comply with findings, orders or recommendations of the Ombudsman within 3

(three) weeks, as applicable, after submission to such Director, Chief or Chairman as the case

may be.

STATEMENTOF OBJECTSAND REASONS

TOTHE INTELLIGENCE SERVICES (POWERS & REGULATION) BILL, 2011

1. Intelligence agencies in India have responsibilities towards maintenance of internal

security and also combating of external threats that threaten the fraternity and integrity of

the nation. These responsibilities range from counter-terrorism operations and tackling

separatist movements to critical infrastructure protection. The agencies have operated


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thus far, without being statutorily empowered by any charter. This compromises

operational efficiency and weakens the professional fabric of these agencies. It also

ensures that intelligence officers are not protected when fulfilling their duties, including

when highlighting phenomenon that compromise security of the nation. Further officers

need protection when highlighting maladministration within the agencies themselves.

2. Assessments made by Intelligence Agencies act as catalysts for law enforcement units to

act, necessitating that this substratum of information be strong and reliable. This kind of

efficiency has been hindered considering issues of strategic guidance and obscured

responsibilities that have plagued the functioning of the agencies.

3. The recommendations of the Task Force led by former Research and Analysis Wing

Chief Girish Chandra Saxena recommended giving the Intelligence Bureau complete

responsibility for internal security operations, for which it would clearly be imperative

for the agency to have a formal charter. In turn to maintain clear delineation, the

Research and Analysis Wing and the National Technical Research Organization would

also require written charters.

4. The Constitution of India under Article 21 protects Life And Personal Liberty. It declares

that no person shall be deprived of his life or personal liberty except according to

procedure established by law. The Supreme Court of India has carved a right to privacy

from the right to life and personal liberty. Such right to privacy may be implicated when

agencies mount surveillance operations. In Peoples Union of Civil Liberties v Union of

India, by its judgment in 1997, the Supreme Court issued detailed guidelines regarding

telephone tapping. Further, guidelines are required to regulate surveillance of other

forms, using different technologies, as well. There is urgent need to balance the demands

of security and privacy of individuals, by ensuring safe guards against the misuse of

surveillance powers of intelligence agencies. Therefore, legislation is imperative to


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regulate the possible infringement of privacy of citizens, while giving credence to

security concerns.

5. In view of the position stated in the foregoing paragraphs, it has been decided to enact

legislation to provide : -

a) a legislative and regulatory framework for the Intelligence Bureau, the Research and

Analysis Wing and the National Technical Research Organization;

b) a detailed authorization procedure and system of warrants for operations by these

agencies;

c) a National Intelligence Tribunal for the investigation of complaints regarding these

agencies;

d) a National Intelligence and Security Oversight Committee for an effective oversight

mechanism of these agencies; and

e) an Intelligence Ombudsman for efficient functioning of the agencies and for matters

connected therewith.

6. The Bill seeks to achieve the aforesaid objectives.


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DRAFT INTELLIGENCE BILL

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