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

ARRANGEMENT OF SECTIONS 
____________ 

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. 

1 

 
 
 
 
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  date1  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). 

2 

 
                                                           
 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. 

__________ 

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. 

3 

 
 
 
                                                           
