Search Results on rules for query: "Indo-Tibetan Border Police Force Rule, 1994"
Related Section(s)Subject to the provisions of this Act and the
rules, the Central Government may dismiss or remove from the service any person subject to this Act.
Subject to the provisions of this Act and the
rules, the Central Government may dismiss or remove from the service any person subject to this Act.
(1) The following persons appointed (whether on deputation or in
any other manner) in the Force shall be subject to this Act, wherever they may be, namely.—
(a) officers and subordinate officers; and (b) under-officers and other persons enrolled under this Act. (2) Every person subject to this Act shall remain so subject until repatriated, retired, released, discharged, removed or dismissed from the Force in accordance with the provisions of this Act and the rules. (1) Subject to the provisions of section 57, a commanding officer of and
above the rank of Commandant may, in the prescribed manner, proceed against a person subject to this
Act, other than an officer or a subordinate officer, who is charged with an offence under this Act and
award such person, to the extent prescribed, one or more of the following punishments, that is to say,—
(a) imprisonment in Force custody up to twenty-eight days; (b) detention up to twenty-eight days; (c) confinement to the lines up to twenty-eight days; (d) extra guards or duties; (e) deprivation of any special position or special emoluments or any acting rank; (f) severe reprimand or reprimand; (g) fine up to fourteen days pay in any one month; (h) deductions from his pay and allowances of any sum required to make good any loss or damage occasioned by the offence for which he is punished. (2) If any unit, training centre or other establishment of the Force is being temporarily commanded by an officer of the rank of Second-in-Command or Deputy Commandant, such officer shall have full powers of a commanding officer specified in sub-section (1). (3) Subject to the provisions of section 57, a Deputy Commandant or an Assistant Commandant, commanding a company or a detachment or an outpost, shall have the power to proceed against a person subject to this Act, other than an officer or a subordinate officer, who is charged with an offence under this Act and award such person to the extent prescribed, one or more of the punishments specified in clauses (a) to (d) and (h) of sub-section (1) provided that the maximum limit of punishment awarded under each of the clauses (a), (b) and (c) shall not exceed fourteen days. (4) A subordinate officer not below the rank of Sub-Inspector who is commanding a detachment or an outpost shall have the powers to proceed against a person subject to this Act, other than a subordinate officer or an under-officer, who is charged with an offence under this Act and award such person to the extent prescribed, one or more of the punishments specified under clauses (c) and (d) of sub-section (1) provided that the maximum limit of punishment awarded under clause (c) shall not exceed fourteen days. Any deduction from pay and allowances authorised by this Act may
be remitted in such manner and to such extent, and by such authority, as may from time to time be
prescribed.
(1) Any finding or sentence of a Force Court which requires
confirmation may be once revised by order of the confirming authority and on such revision, the Court, if
so directed by the confirming authority, may take additional evidence.
(2) The Court, on revision, shall consist of the same officers as were present when the original decision was passed unless any of those officers are unavoidably absent. (3) In case of such unavoidable absence the cause thereof shall be duly certified in the proceedings, and the Court shall proceed with the revision, provided that, if a General Force Court, it still consists of five officers, or, if a Petty Force Court, of three officers. A person charged before a Force Court—
(a) with desertion may be found guilty of attempting to desert or of being absent without leave; (b) with attempting to desert may be found guilty of being absent without leave; (c) with using criminal force may be found guilty of assault; (d) with using threatening language may be found guilty of using insubordinate language; (e) with any one of the offences specified in clauses (a), (b), (c) and (d) of section 33 may be found guilty of any other of these offences with which he might have been charged; (f) with an offence punishable under section 49 may be found guilty of any other offence of which he might have been found guilty, if the provisions of the Code of Criminal Procedure, 1973 (2 of 1974), were applicable; (g) with any offence under this Act may, on failure of proof of an offence having been committed in circumstances involving a more severe punishment, be found guilty of the same offence as having been committed in circumstances involving a less severe punishment; (h) with any offence under this Act may be found guilty of having attempted or abetted the commission of that offence, although the attempt or abetment is not separately charged. Where any accused person, having been
found by reason of unsoundness of mind to be incapable of making his defence, is in custody or under
detention under section 111, any officer prescribed in this behalf, may—
(a) if such person is in custody under sub-section (4) of section 111, on the report of a medical officer that he is capable of making his defence, or (b) if such person is detained in a jail under sub-section (5) of section 111, on a certificate of the Inspector-General of Prisons, and if such person is detained in a lunatic asylum under the said subsection, on a certificate of any two or more of the visitors of such asylum and if he is detained in any other place under that sub-section, on a certificate of the prescribed authority, that he is capable of making his defence, take steps to have such person tried by the same or another Force Court for the offence with which he was originally charged or, if the offence is a civil offence, by a criminal court. (1) Any person subject to this
Act who considers himself aggrieved by any order passed by any Force Court may present a petition to
the officer or authority empowered to confirm any finding or sentence of such Force Court, and the
confirming authority may take such steps as may be considered necessary to satisfy itself as to the
correctness, legality or propriety of the order passed or as to the regularity of any proceeding to which the
order relates.
(2) Any person subject to this Act who considers himself aggrieved by a finding or sentence of any Force Court which has been confirmed, may present a petition to the Central Government, the Director-General or any prescribed officer superior in command to the one who confirmed such finding or sentence, and the Central Government, the Director-General, or the prescribed officer, as the case may be, may pass such order thereon as it or he thinks fit. (1) In any suit or proceeding against any
member of the Force 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.
(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 Force 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 Force 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. (1) The Central Government may, by notification, make rules for the
purpose of carrying into effect the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for— (a) the constitution, governance, command and discipline of the force; (b) the enrolment of persons to the Force and the recruitment of other members of the Force; (c) the conditions of service (including deductions from pay and allowances) of members of the Force; (d) the precedence, powers of command and authority of the officers, subordinate officers, under-officers and other persons subject to this Act; (e) the dismissal, removal, retirement, release or discharge from the service of persons subject to this Act; (f) the purposes and other matters required to be prescribed under section 13; (g) the amount and incidence of fine to be imposed under section 60; (h) the convening, constitution, adjournment, dissolution and sittings of Force Courts, the procedure to be observed in trials by such Courts, the persons by whom an accused may be defended in such trials and the appearance of such persons thereat; (i) the confirmation, revision and annulment of, and petitions against, the findings and sentences of Force Courts; (j) the forms of orders to be made under the provisions of this Act relating to Force Courts and the awards and infliction of death, imprisonment and detention; (k) the constitution of authorities to decide for what persons, to what amounts and in what manner, provisions should be made for dependants under section 67 and the due carrying out of such decisions; (l) the carrying into effect of sentences of Force Courts; (m) any matter necessary for the purpose of carrying this Act into execution, as far as it relates to the investigation, arrest, custody, trial and punishment of offences triable or punishable under this Act; (n) the ceremonials to be observed and marks of respect to be paid in the Force; (o) the convening of, the constitution, procedure and practice of, courts of inquiry, the summoning of witnesses before them and the administration of oaths by such courts; (p) the recruitment and conditions of service of Judge Attorney-General, Additional Judge Attorney-General, Deputy Judge Attorney-General and Judge Attorney; (q) the disposal of the private or regimental property, or any other dues including provident fund of persons subject to this Act who die or desert or are ascertained to be of unsound mind or while on active duty are officially reported as missing; (r) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be, or may be, made by rules. (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 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. (1) The Central Government may, by notification, make rules for the
purpose of carrying into effect the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for— (a) the constitution, governance, command and discipline of the force; (b) the enrolment of persons to the Force and the recruitment of other members of the Force; (c) the conditions of service (including deductions from pay and allowances) of members of the Force; (d) the precedence, powers of command and authority of the officers, subordinate officers, under-officers and other persons subject to this Act; (e) the dismissal, removal, retirement, release or discharge from the service of persons subject to this Act; (f) the purposes and other matters required to be prescribed under section 13; (g) the amount and incidence of fine to be imposed under section 60; (h) the convening, constitution, adjournment, dissolution and sittings of Force Courts, the procedure to be observed in trials by such Courts, the persons by whom an accused may be defended in such trials and the appearance of such persons thereat; (i) the confirmation, revision and annulment of, and petitions against, the findings and sentences of Force Courts; (j) the forms of orders to be made under the provisions of this Act relating to Force Courts and the awards and infliction of death, imprisonment and detention; (k) the constitution of authorities to decide for what persons, to what amounts and in what manner, provisions should be made for dependants under section 67 and the due carrying out of such decisions; (l) the carrying into effect of sentences of Force Courts; (m) any matter necessary for the purpose of carrying this Act into execution, as far as it relates to the investigation, arrest, custody, trial and punishment of offences triable or punishable under this Act; (n) the ceremonials to be observed and marks of respect to be paid in the Force; (o) the convening of, the constitution, procedure and practice of, courts of inquiry, the summoning of witnesses before them and the administration of oaths by such courts; (p) the recruitment and conditions of service of Judge Attorney-General, Additional Judge Attorney-General, Deputy Judge Attorney-General and Judge Attorney; (q) the disposal of the private or regimental property, or any other dues including provident fund of persons subject to this Act who die or desert or are ascertained to be of unsound mind or while on active duty are officially reported as missing; (r) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be, or may be, made by rules. (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 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. Where the conduct
of any person subject to this Act when being taken prisoner by, or while in the hands of, the enemy, is to
be inquired into under this Act or any other law, the Director-General or any officer authorised by him
may order that the whole or any part of the pay and allowances of such person shall be withheld pending
the result of such enquiry.
When a criminal court and a Force Court
have each jurisdiction in respect of an offence, it shall be in the discretion of the Director-General or the
Additional Director-General or the Inspector-General or the Deputy Inspector-General or the Additional
Deputy Inspector-General within whose command the accused person is serving or such other officer as
may be prescribed, to decide before which court the proceedings shall be instituted, and if that officer
decides that they shall be instituted before a Force Court, to direct that the accused person shall be
detained in Force custody.
(1) Where a finding of guilty by a Force
Court, which has been confirmed or which does not require confirmation, is found for any reason to be
invalid or cannot be supported by the evidence, the authority which would have had power under
section 142 to commute the punishment awarded by the sentence, if the finding had been valid may
substitute a new finding and pass a sentence for the offence specified or involved in such finding:
Provided that no such substitution shall be made unless such finding could have been validly made by the Force Court on the charge and unless it appears that the Force Court must have been satisfied of the facts establishing the said offence. (2) Where a sentence passed by a Force Court which has been confirmed, or which does not require confirmation, not being a sentence passed in pursuance of a new finding substituted under sub-section (1), is found for any reason to be invalid, the authority referred to in sub-section (1) may pass a valid sentence. (3) The punishment awarded by a sentence passed under sub-section (1) or sub-section (2) shall not be higher in the scale of punishments than, or in excess of, the punishment awarded by, the sentence for which a new sentence is substituted under this section. (4) Any finding substituted, or any sentence passed, under this section shall, for the purposes of this Act and the rules, have effect as if it were a finding or sentence, as the case may be, of a Force Court. Subject to the provisions of section 50, any person subject to this Act who at any
place in, or beyond, India commits any civil offence shall be deemed to be guilty of an offence against
this Act and, if charged therewith under this section shall be liable to be tried by a Force Court and, on
conviction, be punishable as follows, that is to say,—
(a) if the offence is one which would be punishable under any law in force in India with death, he shall be liable to suffer any punishment, assigned for the offence, by the aforesaid law and such less punishment as is in this Act mentioned; and (b) in any other case, he shall be liable to suffer any punishment, assigned for the offence by the law in force in India, or imprisonment for a term which may extend to seven years, or such less punishment as is in this Act mentioned. (1) If a Force Court after the commencement of a trial is reduced
below the minimum number of officers required by this Act, it shall be dissolved.
(2) If, on account of the illness of the concerned Judge Attorney or, as the case may be, Deputy Judge Attorney-General or Additional Judge Attorney-General or of the accused before the finding, it is impossible to continue the trial, the Force Court shall be dissolved. (3) The authority or officer who convened a Force Court may dissolve the same if it appears to him that the exigencies of the service or necessities of discipline render it impossible or inexpedient to continue the said Force Court. (4) Where a Force Court is dissolved under this section, the accused may be tried again. (1) There shall be an armed force of the Union called the
Indo-Tibetan Border Police Force for ensuring the security of the borders of India and performing such
other duties as may be entrusted to it by the Central Government.
(2) Subject to the provisions of this Act, the Force shall be constituted in such manner as may be prescribed and the conditions of service of the members of the Force shall be such as may be prescribed. Any person subject to this Act who commits any of the
following offences, that is to say,—
(a) is guilty of any disgraceful conduct of a cruel, indecent or unnatural kind; or (b) malingers or feigns or produces disease or infirmity in himself or intentionally delays his cure or aggravates his disease or infirmity; or (c) with intent to render himself or any other person unfit for service, voluntarily causes hurt to himself or that person, shall, on conviction by a Force Court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned. Any person
subject to this Act who commits any of the following offences, that is to say,—
(a) shamefully abandons or delivers up any post, place or guard, committed to his charge or which it is his duty to defend; or (b) intentionally uses any means to compel or induce any person subject to this Act or to any other law relating to military, naval, air force or any other armed force of the Union to abstain from acting against the enemy or to discourage such person from acting against the enemy; or (c) in the presence of the enemy or terrorist, shamefully casts away his arms, ammunition, tools or equipment or misbehaves in such manner as to show cowardice; or (d) treacherously holds correspondence with, or communicates intelligence to, the enemy, terrorist or any person in arms against the Union; or (e) directly or indirectly assists the enemy or terrorist with money, arms ammunition, stores or supplies or in any other manner whatsoever; or (f) in time of active operation against the enemy or terrorist, intentionally occasions a false alarm in action, camp, quarters or spreads or causes to be spread reports calculated to create alarm or despondency; or (g) in time of action leaves his commanding officer or other superior officer or his post, guard, picket, patrol or party without being regularly relieved or without leave; or (h) having been captured by the enemy or made a prisoner of war, voluntarily serves with or aids the enemy; or (i) knowingly harbours or protects an enemy, not being a prisoner; or (j) being a sentry in time of active operation against the enemy or alarm, sleeps upon his post or is intoxicated; or (k) knowingly does any act calculated to imperil the success of the Force or the military, naval or air force of India or any forces co-operating therewith or any part of such forces, shall, on conviction by a Force Court, be liable to suffer death or such less punishment as is in this Act mentioned. Any person subject to this Act who commits any of the following offences, that is to
say,—
(a) begins, incites, causes or conspires with any other person to cause any mutiny in the Force or in the military, naval or airforce of India or any forces co-operating therewith; or (b) joins in any such mutiny; or (c) being present at any such mutiny, does not use his utmost endeavours to suppress the same; or (d) knowing or having reason to believe in the existence of any such mutiny, or of any intention to mutiny or of any such conspiracy, does not, without delay, give information thereof to his commanding officer or other superior officer; or (e) endeavours to seduce any person in the Force or in the military, naval or air force of India or any forces co-operating therewith from his duty or allegiance to the Union, shall, on conviction by a Force Court, be liable to suffer death or such less punishment as is in this Act mentioned. Any person subject to this Act who, having been duly sworn or affirmed before
any Force Court or other court competent under this Act to administer an oath or affirmation, makes any
statement which is false, and which he either knows or believes to be false or does not believe to be true,
shall, on conviction by a Force Court, be liable to suffer imprisonment for a term which may extend to
seven years or such less punishment as is in this Act mentioned.
(1) The general superintendence, direction and control of the Force shall
vest in, and be exercised by, the Central Government and subject thereto, and to the provisions of this Act
and the rules, the command and supervision of the Force shall vest in an officer to be appointed by the
Central Government as the Director-General of the Force.
(2) The Director-General shall, in the discharge of his duties under this Act, be assisted by such number of Additional Directors-General, Inspectors-General, Deputy Inspectors-General, Additional Deputy Inspectors-General, Commandants and other officers as may be appointed by the Central Government. (1) The general superintendence, direction and control of the Force shall
vest in, and be exercised by, the Central Government and subject thereto, and to the provisions of this Act
and the rules, the command and supervision of the Force shall vest in an officer to be appointed by the
Central Government as the Director-General of the Force.
(2) The Director-General shall, in the discharge of his duties under this Act, be assisted by such number of Additional Directors-General, Inspectors-General, Deputy Inspectors-General, Additional Deputy Inspectors-General, Commandants and other officers as may be appointed by the Central Government. Any person subject to this Act who commits any of
the following offences, that is to say,—
(a) uses criminal force to or assaults his superior officer; or (b) uses threatening language to such officer; or (c) uses insubordinate language to such officer, shall, on conviction by a Force Court,— (i) if such officer is at the time in the execution of his office or, if the offence is committed on active duty, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned; and (ii) in other cases, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this Act mentioned: Provided that in the case of an offence specified in clause (c) the imprisonment shall not exceed five years. (1) Whenever any weapon or part of a weapon, or ammunition, forming part of
the equipment of a unit, is lost or stolen, a commanding officer not below the rank of the Commandant of
that unit may, after making such enquiry as he thinks fit and subject to the rules, impose a collective fine
upon the subordinate officers, under-officers and men of such unit, or upon so many of them as, in his
judgment, should be held responsible for such loss or theft.
(2) Such fine shall be assessed as a percentage of the pay of the individuals on whom it falls. (1) Whenever any weapon or part of a weapon, or ammunition, forming part of
the equipment of a unit, is lost or stolen, a commanding officer not below the rank of the Commandant of
that unit may, after making such enquiry as he thinks fit and subject to the rules, impose a collective fine
upon the subordinate officers, under-officers and men of such unit, or upon so many of them as, in his
judgment, should be held responsible for such loss or theft.
(2) Such fine shall be assessed as a percentage of the pay of the individuals on whom it falls. Any person subject to this Act who, being in lawful custody, escapes or
attempts to escape, shall, on conviction by a Force Court, be liable to suffer imprisonment for a term
which may extend to three years or such less punishment as is in this Act mentioned.
Any person subject to
this Act who commits any of the following offences, that is to say,—
(a) forces a safeguard, or forces or uses criminal force to a sentry; or (b) breaks into any house or other place in search of plunder; or (c) being a sentry sleeps upon his post, or is intoxicated; or (d) without orders from his superior officer leaves his guard, picket, patrol or post; or (e) intentionally or through neglect occasions a false alarm in camp or quarters, or spreads or causes to be spread reports calculated to create unnecessary alarm or despondency; or (f) makes known the parole, watchward or countersign to any person not entitled to receive it; or knowingly gives a parole, watchward or a countersign different from what he received, shall, on conviction by a Force Court,— (i) if he commits any such offence when on active duty, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned; and (ii) if he commits any such offence when not on active duty, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned. (1) The
Director-General, any Additional Director-General or Inspector-General may dismiss or remove from the
service or reduce to a lower grade or rank or ranks any person subject to this Act other than an officer.
(2) An officer not below the rank of Additional Deputy Inspector-General or any prescribed officer may dismiss or remove from the service any person under his command other than an officer or a subordinate officer of such rank or ranks as may be prescribed. (3) Any such officer as is mentioned in sub-section (2) may reduce to a lower grade or rank or ranks any person under his command except an officer or a subordinate officer. (4) The exercise of any power under this section shall be subject to the provisions of this Act and the rules. (1) The
Director-General, any Additional Director-General or Inspector-General may dismiss or remove from the
service or reduce to a lower grade or rank or ranks any person subject to this Act other than an officer.
(2) An officer not below the rank of Additional Deputy Inspector-General or any prescribed officer may dismiss or remove from the service any person under his command other than an officer or a subordinate officer of such rank or ranks as may be prescribed. (3) Any such officer as is mentioned in sub-section (2) may reduce to a lower grade or rank or ranks any person under his command except an officer or a subordinate officer. (4) The exercise of any power under this section shall be subject to the provisions of this Act and the rules. (1) No person
subject to this Act shall, without the previous sanction in writing of the Central Government or of the
prescribed authority,—
(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, any society, institution, association or organisation that is not recognised as part of the Force 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 or other document except where such communication or publication is in the bona fide discharge of his duties or is of a purely literary, artistic or scientific character or is of a prescribed nature. 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 person subject to this Act 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. Any person subject to this Act who commits any of the
following offences, that is to say,—
(a) makes away with, or is concerned in making away with, any arms, ammunition, equipment, instruments, tools, clothing or any other thing being the property of the Government issued to him for his use or entrusted to him; or (b) loses by neglect anything mentioned in clause (a); or (c) sells, pawns, destroys or defaces any medal or decoration granted to him, shall, on conviction by a Force Court, be liable to suffer imprisonment for a term which may extend, in the case of the offences specified in clause (a), to ten years, and in the case of the offences specified in the other clauses, to five years, or in either case such less punishment as is in this Act mentioned. (1) Any person subject to this Act who deserts or attempts to
desert the service shall, on conviction by a Force Court,—
(a) if he commits the offence when on active duty or when under orders for active duty, be liable to suffer death or such less punishment as is in this Act mentioned; and (b) if he commits the offence under any other circumstances, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned. (2) Any person subject to this Act who knowingly harbours any such deserter shall, on conviction by a Force Court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned. (3) Any person subject to this Act who, being cognizant of any desertion or attempt at desertion of a person subject to this Act, does not forthwith give notice to his own or some other superior officer, or take any steps in his power to cause such person to be apprehended, shall, on conviction by a Force Court, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned. (4) For the purposes of this Act, a person deserts,— (a) if he absents from his unit or the place of duty at any time with the intention of not reporting back to such unit or place, or who, at any time and under any circumstances when absent from his unit or place of duty, does any act which shows that he has an intention of not reporting to such unit or place of duty; (b) if he absents himself without leave with intent to avoid any active duty. (1) Any person subject to this Act who disobeys in such
manner as to show a wilful defiance of authority any lawful command given personally by his superior
officer in the execution of his office whether the same is given orally, or in writing or by signal or
otherwise, shall, on conviction by a Force Court, be liable to suffer imprisonment for a term which may
extend to fourteen years or such less punishment as is in this Act mentioned.
(2) Any person subject to this Act who disobeys any lawful command given by his superior officer shall, on conviction by a Force Court,— (a) if he commits such offence when on active duty, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned; and (b) if he commits such offence when not on active duty, be liable to suffer imprisonment for a term which may extend to five years or such less punishment as is in this Act mentioned. Any person subject to this Act who commits any of the following
offences, that is to say,—
(a) absents himself without leave; or (b) without sufficient cause overstays leave granted to him; or (c) being on leave of absence and having received information from the appropriate authority that any battalion or part thereof or any other unit of the Force, to which he belongs, has been ordered on active duty, fails, without sufficient cause, to rejoin without delay; or (d) without sufficient cause fails to appear at the time fixed at the parade or place appointed for exercise or duty; or (e) when on parade, or on the line of march, without sufficient cause or without leave from his superior officer, quits the parade or line of march; or (f) when in camp or elsewhere, is found beyond any limits fixed, or in any place prohibited, by any general, local or other order, without a pass or written leave from his superior officer; or (g) without leave from his superior officer or without due cause, absents himself from any school or training institution when duly ordered to attend there, shall, on conviction by a Force Court, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this Act mentioned. Any person subject to this Act who commits any of the
following offences, that is to say,—
(a) being duly summoned or ordered to attend as a witness before a Force Court, wilfully or without reasonable excuse, makes default in attending; or (b) refuses to take an oath or make an affirmation legally required by a Force Court to be taken or made; or (c) refuses to produce or deliver any document in his power or control legally required by a Force Court to be produced or delivered by him; or (d) refuses, when a witness, to answer any question which he is by law bound to answer; or (e) is guilty of contempt of the Force Court by using insulting or threatening language, or by causing any interruption or disturbance in the proceedings of such Court, shall, on conviction by a Force Court, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this Act mentioned. (1) Punishments may be inflicted in respect of
offences committed by persons subject to this Act and convicted by Force Courts according to the scale
following, that is to say,—
(a) death; (b) imprisonment which may be for the term of life or any other lesser term but excluding imprisonment for a term not exceeding three months in Force custody; (c) dismissal or removal from the service; (d) compulsory retirement from the service; (e) imprisonment for a term not exceeding three months in Force custody; (f) reduction to the ranks or to a lower rank or grade or a place in the list of their rank in the case of an under-officer; (g) reduction to next lower rank in case of an officer or subordinate officer: Provided that no officer shall be reduced to a rank lower than the one to which he was initially appointed; (h) forfeiture of seniority of rank and forfeiture of all or any part of the service for the purpose of promotion; (i) forfeiture of service for the purpose of increased pay or pension; (j) fine, in respect of civil offences; (k) severe reprimand or reprimand except in the case of persons below the rank of an under-officer; (l) forfeiture of pay and allowances for a period not exceeding three months for an offence committed on active duty; (m) forfeiture in the case of person sentenced to dismissal from the service of all arrears of pay and allowances and other public money due to him at the time of such dismissal; (n) stoppage of pay and allowances until any proved loss or damage occasioned by the offence for which he is convicted is made good. (2) Each of the punishments specified in sub-section (1) shall be deemed to be inferior in degree to every punishment preceding it in the above scale. (1) An officer not below the rank of Inspector-General may, in the prescribed manner, proceed
against an officer of or below the rank of Commandant who is charged with an offence under this Act and
award one or more of the following punishments, that is to say,—
(a) forfeiture of seniority, or in the case of any of them whose promotion depends upon length of service, forfeiture of service for the purpose of promotion for a period not exceeding one year, but subject to the right of the accused previous to the award to elect to be tried by a Force Court; (b) severe reprimand or reprimand; (c) deduction from pay and allowances of any sum required to make good any proved loss or damage occasioned by the offence of which he is convicted. (2) An officer not below the rank of Additional Deputy Inspector-General may, in the prescribed manner, proceed against a person of or below the rank of Subedar-Major who is charged with an offence under this Act and award one or more of the following punishments, that is to say,— (a) forfeiture of seniority, or in the case of any of them whose promotion depends upon the length of service, forfeiture of service for the purpose of promotion for a period not exceeding one year, but subject to the right of the accused previous to the award to elect to be tried by a Force Court; (b) severe reprimand or reprimand; (c) deduction from pay and allowances of any sum required to make good any proved loss or damage occasioned by the offence of which he is convicted. (3) An officer not below the rank of Commandant may, in the prescribed manner, proceed against a person of or below the rank of Subedar-Major who is charged with an offence under this Act and award any one or both of the following punishments, that is to say,— (a) severe reprimand or reprimand; (b) deduction from pay and allowances of any sum required to make good any proved loss or damage occasioned by the offence of which he is convicted. The Central Government, the Director-General or any prescribed
officer may annul the proceedings of any Force Court on the ground that they are illegal or unjust.
(1) Whenever, in the course of a trial by a Force Court, it appears to the
Court that the person charged is by reason of unsoundness of mind incapable of making his defence, or
that he committed the act alleged but was by reason of unsoundness of mind incapable of knowing the
nature of the act or knowing that it was wrong or contrary to law, the Court shall record a finding
accordingly.
(2) The presiding officer of the Court, or, in the case of a Summary Force Court, the officer holding the trial, shall forthwith report the case to the confirming officer, or to the authority empowered to deal with its finding under section 129, as the case may be. (3) The confirming officer to whom the case is reported under sub-section (2) may, if he does not confirm the finding, take steps to have the accused person tried by the same or another Force Court for the offence with which he was charged. (4) The authority to whom the finding of a Summary Force Court is reported under sub-section (2) and a confirming officer confirming the finding in any case so reported to him shall order the accused person to be kept in custody in the prescribed manner and shall report the case for the orders of the Central Government. (5) On receipt of a report under sub-section (4), the Central Government may order the accused person to be detained in a lunatic asylum or other suitable place of safe custody. In the case of any person subject to this Act who is in
custody or under suspension from duty on a charge for an offence, the prescribed officer may direct that
the whole or any part of the pay and allowances of such person shall be withheld, pending the result of his
trial on the charge against him, in order to give effect to the provisions of clause (b) of
sub-sections (1) and (2) of section 61.
(1) When any person subject to this Act has been absent
from duty without due authority for a period of thirty days, a court of inquiry shall, as soon as practicable,
be appointed by such authority and in such manner as may be prescribed; and such court shall, on oath or
affirmation administered in the prescribed manner, inquire respecting the absence of the person, and the
deficiency, if any, in the property of the Government entrusted to his care, or in any arms, ammunition,
equipment, instruments, clothing or necessaries; and if satisfied of the fact of such absence without due
authority or other sufficient cause, the court shall declare such absence and the period thereof and the said
deficiency, if any, and the commanding officer of the unit to which the person belongs or is attached,
shall make a record thereof in the prescribed manner.
(2) If the person declared absent does not afterwards surrender or is not apprehended, he shall, for the purposes of this Act, be deemed to be a deserter. (1) At all trials by a General Force Court or by a Petty Force Court, as soon as the
Court is assembled, the names of the presiding officer and members shall be read over to the accused,
who shall thereupon be asked whether he objects to being tried by any officer sitting on the Court.
(2) If the accused objects to such officer, his objection and also the reply thereto of the officer objected to shall be heard and recorded, and the remaining officers of the Court shall, in the absence of the challenged officer decide on the objection. (3) If the objection is allowed by one-half or more of the votes of the officers entitled to vote, the objection shall be allowed, and the member objected to shall retire, and his vacancy may be filled in the prescribed manner, by another officer subject to the same right of the accused to object. (4) When no challenge is made, or when a challenge has been made and disallowed, or the place of every officer successfully challenged has been filled by another officer to whom no objection is made or allowed, the Court shall proceed with the trial. (1) The Director-General or any prescribed officer may appoint persons
(in this Act referred to as Force Police) for discharging the functions specified in sub-sections (2) and (3).
(2) The duties of a person appointed under sub-section (1) are to take charge of persons confined for any offence, to preserve good order and discipline and to prevent breaches of the same by persons serving in, or attached to the Force. (3) Notwithstanding anything contained in section 69, a person appointed under sub-section (1) may, at any time, arrest and detain for trial any person subject to this Act who commits, or is charged with, an offence, and may also carry into effect any punishment to be inflicted in pursuance of a sentence awarded by a Force Court or by an officer exercising authority under section 56 but shall not inflict any punishment on his own authority: Provided that no officer shall be so arrested or detained otherwise than on the order of another officer. (1) The following
deductions may be made from the pay and allowances of an officer, that is to say,—
(a) all pay and allowances due to an officer for every day he absents himself without leave, unless a satisfactory explanation has been given to, and accepted by, the Inspector-General under whom he is for the time being serving; (b) all pay and allowances for every day while he is in custody on a charge for an offence for which he is afterwards convicted by a criminal court or Force Court or by an officer exercising authority under section 58; (c) any sum required to make good the pay of any person subject to this Act which he has unlawfully retained or unlawfully refused to pay; (d) any sum required to make good such compensation for any expenses, loss, damage or destruction occasioned by the commission of an offence as may be determined by the Force Court by which he is convicted of such offence or by an officer exercising authority under section 58; (e) all pay and allowances ordered by Force Court; (f) any sum required to be paid as fine awarded by a criminal court or a Force Court; (g) any sum required to make good any loss, damage or destruction of public or Force property which, after due investigation, appears to the Inspector-General under whom the officer is for the time being serving, to have been occasioned by the wrongful act or negligence on the part of the officer; (h) all pay and allowances forfeited by order of the Central Government if the officer is found by a court of inquiry constituted by the Director-General in this behalf, to have deserted to the enemy, or while in enemy hands, to have served with, or under the orders of, the enemy, or in any manner to have aided the enemy, or to have allowed himself to be taken prisoner by the enemy through want of due precaution or through disobedience of orders or wilful neglect of duty, or having been taken prisoner by the enemy, to have failed to rejoin his service when it was possible to do so; (i) any sum required by order of the Central Government to be paid for the maintenance of his wife or his legitimate or illegitimate child or step child towards the cost of any relief given by the said Government to the said wife or child. (2) Subject to the provisions of section 63, the following deductions may be made from the pay and allowances of a person subject to this Act, other than an officer, that is to say,— (a) all pay and allowances for every day of absence either on desertion or without leave, or as a prisoner of war unless a satisfactory explanation has been given and accepted by his commanding officer and for every day of imprisonment awarded by a criminal court, Force Court or an officer exercising authority under section 56; (b) all pay and allowances for every day while he is in custody on a charge for an offence of which he is afterwards convicted by a criminal court or Force Court or on a charge of absence without leave for which he is afterwards awarded imprisonment by an officer exercising authority under section 56; (c) all pay and allowances for every day on which he is in hospital on account of sickness certified by the medical officer attending on him to have been caused by an offence under this Act committed by him; (d) for every day on which he is in hospital on account of sickness certified by the medical officer attending on him to have been caused by his own misconduct or imprudence, such sum as may be specified by the order of the Director-General; (e) all pay and allowances ordered by Force Court or by an officer exercising authority under any of the sections 56 and 58 to be forfeited or stopped; (f) all pay and allowances for every day between his being recovered from the enemy and his dismissal from the service in consequence of his conduct when being taken prisoner by, or while in the hands of the enemy; (g) any sum required to make good such compensation for any expenses, loss, damage or destruction caused by him to the Central Government or to any building or property or any private fund of the Force as may be awarded by his commanding officer; (h) any sum required to pay a fine awarded by a criminal court, Force Court exercising jurisdiction under section 49 or an officer exercising authority under any of the sections 56 and 60; (i) any sum required by order of the Central Government or any prescribed officer to be paid for the maintenance of his wife, or his legitimate child or illegitimate child or step child or towards the cost of any relief given by the said Government to the said wife or child. (3) For computation of time of absence or custody under this section,— (a) no person shall be treated as absent or in custody for a day unless the absence or custody has lasted, whether wholly in one day, or partly in one day and partly in another for six consecutive hours or upwards; (b) any absence or custody for less than a day may be reckoned as absence or custody for a day if such absence or custody prevented the absentee from fulfilling any duty as member of the Force which was thereby thrown upon some other person; (c) absence or custody for twelve consecutive hours or upwards may be reckoned as absence or custody for the whole of each day during any portion of which the person was absent or in custody; (d) a period of absence, or imprisonment, which commences before, and ends after, midnight may be reckoned as a day. (1) It shall be the duty of every
commanding officer to take care that a person under his command when charged with an offence is not
detained in custody for more than forty-eight hours after the committal of such person into custody is
reported to him, without the charge being investigated, unless investigation within that period seems to
him to be impracticable having regard to the public service.
(2) The case of every person being detained in custody beyond a period of forty-eight hours, and the reasons therefor, shall be reported by the commanding officer to the next higher officer or such other officer to whom an application may be made to convene a Force Court for the trial of the person charged. (3) In reckoning the period of forty-eight hours specified in sub-section (1), Sundays and other public holidays shall be excluded. (4) Subject to the provisions of this Act, the Central Government may make rules providing for the manner in which and the period for which any person subject to this Act may be taken into and detained in Force custody, pending the trial by any competent authority for any offence committed by him. In every case where any such person as is mentioned in
section 69 and as is not on active duty, remains in such custody for a longer period than eight days
without a Force Court for his trial being convened, a special report giving reasons for the delay shall be
made by his commanding officer in the manner prescribed, and a similar report shall be forwarded at
intervals of every eight days until a Force Court is convened or such person is released from custody.
The Indian Evidence Act, 1872 (1 of 1872), shall, subject to the
provisions of this Act, apply to all proceedings before a Force Court.
(1) When any person, subject to this Act has been acquitted or
convicted of an offence by a Force Court or by a criminal court or has been dealt with under section 56 or
section 58, he shall not be liable to be tried again for the same offence by a Force Court or dealt with
under the said sections.
(2) When any person subject to this Act, has been acquitted or convicted of an offence by a Force Court or has been dealt with under section 56 or section 58, he shall not be liable to be tried again by a criminal court for the same offence or on the same facts. (1) Except as provided by sub-section (2), no trial by a Force
Court of any person subject to this Act for any offence shall be commenced after the expiration of a
period of three years from the date of such offence.
(2) The provisions of sub-section (1) shall not apply to a trial for an offence of desertion or for any of the offences mentioned in section 19. (3) In the computation of the period of time mentioned in sub-section (1), any time spent by such person in evading arrest after the commission of the offence, shall be excluded. (1) Subject to the provisions of sub-section (2), a
Summary Force Court may try any offence punishable under this Act.
(2) When there is no grave reason for immediate action and reference can without detriment to discipline be made to the officer empowered to convene a Petty Force Court for the trial of the alleged offender, an officer holding a Summary Force Court shall not try without such reference any offence punishable under any of the sections 16, 19 and 49, or any offence against the officer holding the Court. (3) A Summary Force Court may try any person subject to this Act and under the command of the officer holding the Court, except an officer or a subordinate officer. (4) A Summary Force Court may pass any sentence which may be passed under this Act, except the sentence of death or of imprisonment for a term exceeding the limit specified in sub-section (5). (5) The limit referred to in sub-section (4) shall be,— (a) one year, if the officer holding the Force Court holds the rank not below that of a Commandant; (b) three months, in any other case. (1) A letter, return or other document respecting the
service of any person in, or the dismissal, removal or discharge of any person from, any unit of the Force,
or respecting the circumstances of any person not having served in, or belonged to, any unit of the Force,
if purporting to be signed by or on behalf of the Central Government or the Director-General, or by any
prescribed officer, shall be evidence of the facts stated in such letter, return or other document.
(2) A Force List or Gazette purporting to be published by authority shall be evidence of the status and rank of the officers, subordinate officers therein mentioned, and of any appointment held by them and of the battalion, unit, or branch of the Force to which they belong. (3) Where a record is made in any battalion book in pursuance of this Act or of any rules made thereunder or otherwise in the discharge of official duties, and purports to be signed by the commanding officer or by the officer whose duty it is to make such record, such record shall be evidence of the facts therein stated. (4) A copy of any record in any office of the Force purporting to be certified to be a true copy by the officer having custody of such book shall be evidence of such record. (5) Where any person subject to this Act is being tried on a charge of desertion or of absence without leave, and such person has surrendered himself into the custody of any officer or other person subject to this Act, or any unit of the Force, or has been apprehended by such officer or person, a certificate purporting to be signed by such officer, or by the commanding officer of the unit to which such person belongs or is attached, as the case may be, and stating the fact, date and place of such surrender or apprehension, and the manner in which he was dressed, shall be evidence of the matters so stated. (6) Where any person subject to this Act is being tried on a charge of desertion or of absence without leave and such person has surrendered himself into the custody of, or has been apprehended by, a police officer not below the rank of an officer in charge of a police station, a certificate purporting to be signed by such police officer and stating the fact, date and place of such surrender or apprehension and the manner in which he was dressed shall be evidence of the matters so stated. (7) (a) Any document purporting to be a report under the hand of a Government scientific expert to whom this sub-section applies, upon any matter or thing duly submitted to him for examination or analysis and report in the course of any proceeding under this Act, may be used as evidence in any inquiry, trial or other proceeding under this Act. (b) The Force Court may, if it thinks fit, summon and examine any such expert as to the subject matter of his report. (c) Where any such expert is summoned by a Force Court and he is unable to attend personally, he may, unless the Court has expressly directed him to appear personally, depute an officer who is conversant with the facts of the case to depose in the Court on his behalf. (d) This sub-section applies to the Government scientific experts, for the time being specified in sub-section (4) of section 293 of the Code of Criminal Procedure, 1973 (2 of 1974). (1) After the
conclusion of a trial before any Force Court, the Court or the officer confirming the finding or sentence of
such Force Court, or any authority superior to such officer, or, in the case of a Summary Force Court
whose finding or sentence does not require confirmation, an officer not below the rank of Additional
Deputy Inspector-General within whose command the trial was held, may make such order as it or he
thinks fit for the disposal by destruction, confiscation, delivery to any person claiming to be entitled to
possession thereof, or otherwise, of any property or document produced before the Court or in its custody,
or regarding which any offence appears to have been committed or which has been used for the
commission of any offence.
(2) Where any order has been made under sub-section (1) in respect of property regarding which an offence appears to have been committed, a copy of such order signed and certified by the authority making the same may, whether the trial was held within India or not, be sent to a magistrate within whose jurisdiction such property for the time being is situated, and such magistrate shall thereupon cause the order to be carried into effect as if it were an order passed by him under the provisions of the Code of Criminal Procedure, 1973 (2 of 1974). (3) In this section, the term "property" includes, in the case of property regarding which an offence appears to have been committed, not only such property as has been originally in the possession or under the control of any person, but also any property into or for which the same may have been converted or exchanged, and anything acquired by such conversion or exchange whether immediately or otherwise. (1) Whenever any sentence of imprisonment is
passed under this Act by a Force Court or whenever any sentence of death is commuted to imprisonment,
the confirming officer or in case of a Summary Force Court the officer holding the Court or such other
officer as may be prescribed shall, save as otherwise provided in sub-sections (3) and (4), direct that the
sentence shall be carried out by confinement in a civil prison.
(2) When a direction has been made under sub-section (1), the commanding officer of the person under sentence or such other officer as may be prescribed shall forward a warrant in the prescribed form to the officer in charge of the prison in which such person is to be confined and shall arrange for his dispatch to such prison with the warrant. (3) In the case of a sentence of imprisonment for a period not exceeding three months and passed under this Act by a Force Court, the appropriate officer under sub-section (1) may direct that the sentence shall be carried out by confinement in Force custody instead of in a civil prison. (4) On active duty, a sentence of imprisonment may be carried out by confinement in such place as the officer not below the rank of Additional Deputy Inspector-General within whose command the person sentenced is serving or any prescribed officer may from time to time appoint. Whenever an order is duly made under
this Act setting aside or varying any sentence, order or warrant under which any person is confined in a
civil prison, a warrant in accordance with such order shall be forwarded by the officer making the order or
his staff officer or such other person as may be prescribed, to the officer in charge of the prison in which
such person is confined.
(1) The officers and other members of the Force shall be classified in
accordance with their ranks in the following categories, namely:—
(a) officers— (i) Director-General. (ii) Additional Director-General. (iii) Inspector-General. (iv) Deputy Inspector-General. (v) Additional Deputy Inspector-General. (vi) Commandant. (vii) Second-in-Command. viii) Deputy Commandant. (ix) Assistant Commandant. (b) subordinate officers— (i) Subedar-Major. (ii) Subedar/Inspector. (iii) Sub-Inspector. (c) under officers— (i) Head Constable. (ii) Naik. (iii) Lance naik. (d) enrolled persons other than under officers—constable. (2) The matters relating to inter se seniority of persons belonging to the same rank shall be determined in accordance with such rules as may be prescribed. (3) Notwithstanding anything contained in this Act, the Director-General may, subject to confirmation of the Central Government as provided hereinafter, grant to an officer or a Subedar-Major of the Force a rank, mentioned in clause (a) of sub-section (1) as a local rank, whenever considered necessary by him in the interest of better functioning of the Force. (4) An officer of the Force holding a local rank,— (a) shall exercise the command and be vested with the powers of an officer holding that rank; (b) shall cease to hold that rank if the grant of such rank is not confirmed within one month by the Central Government or when so ordered by the Director-General or when he ceases to hold the appointment for which the rank was granted; (c) shall not be entitled to claim any seniority over other officers of the Force by virtue of having held such rank; and (d) shall not be entitled to any extra pay and allowances for holding such rank. Explanation I.—Assistant Commandant shall also include a Joint Assistant Commandant in case of personnel belonging to cadres of Motor Mechanic, Combatant Ministerial and Combatant Stenographer of the Force. Explanation II.—Sub-Inspector shall include an Assistant Sub-Inspector in case of personnel belonging to Combatant Ministerial cadre of the Force. (1) In this Act, unless the context otherwise requires,--
(a) "active duty", in relation to a person subject to this Act, means any duty as a member of the Force during the period in which such person is attached to, or forms part of, a unit of the Force-- (i) which is engaged in operations against an enemy, or (ii) which is operating at a picket or engaged on patrol or other guard duty along the borders of India, and includes duty by such person during any period declared by the Central Government by order as a period of active duty with reference to any area in which any person or class of persons subject to this Act may be serving; (b) "battalion" means a unit of the Force constituted as a battalion by the Central Government; (c) "civil offence" means an offence which is triable by a criminal court; (d) "civil prison" means any jail or place used for the detention of any criminal prisoner under the Prisons Act, 1894 (9 of 1894), or under any other law for the time being in force; (e) "commanding officer", used in relation to a person subject to this Act, means an officer for the time being in command of the unit or any separate portion of the Force to which such person belongs or is attached; (f) "criminal court" means a court of ordinary criminal justice in any part of India and includes a Court of a special Judge appointed under the Criminal Law Amendment Act, 1952 (46 of 1952); (g) "Deputy Inspector-General" and "Additional Deputy Inspector-General" mean respectively a Deputy Inspector-General and an Additional Deputy Inspector-General of the Force appointed under section 5; (h) "Director-General" and "Additional Director-General" mean respectively the Director-General and an Additional Director-General of the Force appointed under section 5; (i) "enemy" includes all armed mutineers, armed rebels, armed rioters, pirates and any person in arms against whom it is the duty of any person subject to this Act to take action; (j) "enrolled person" means an under-officer or other person enrolled under this Act; (k) "Force" means the Indo-Tibetan Border Police Force; (l) "Force Court" means a Court referred to in section 76; (m) "Force custody" means the arrest or confinement of a member of the Force according to rules; (n) "Inspector-General" means the Inspector-General of the Force appointed under section 5; (o) "Judge Attorney-General", "Additional Judge Attorney-General", "Deputy Judge Attorney-General" and "Judge Attorney" mean respectively the Judge Attorney-General, an Additional Judge Attorney-General, a Deputy Judge Attorney-General and a Judge Attorney of the Force appointed in the appropriate rank by the Central Government; (p) "member of the Force" means an officer, a subordinate officer, an under-officer or other enrolled person; (q) "notification" means a notification published in the Official Gazette; (r) "offence" means any act or omission punishable under this Act and includes a civil offence; (s) "officer" means a person appointed or in pay as an officer of the Force, but does not include a subordinate officer or an under-officer; (t) "prescribed" means prescribed by rules made under this Act; (u) "rule" means a rule made under this Act; (v) "subordinate officer" means a person appointed or in pay as a Subedar Major, a Subedar or a Sub-Inspector of the Force; (w) "superior officer", when used in relation to a person subject to this Act, means-- (i) any member of the Force to whose command such person is for the time being subject in accordance with the rules; (ii) any officer of a higher rank or class or of a higher grade in the same class, and includes, when such person is not an officer, a subordinate officer or an under-officer of a higher rank, class or grade; (x) "under-officer" means a Head Constable, a Naik or a Lance Naik of the Force; (y) "unit" includes-- (a) any body of officers and other members of the Force for which a separate authorised establishment exists; (b) any separate body of persons subject to this Act employed on any service and not attached to a unit as aforesaid; (c) any other separate body of persons composed wholly or partly of persons subject to this Act and specified as a unit by the Central Government; (z) all words and expressions used and not defined in this Act but defined in the Indian Penal Code (45 of 1860), the Army Act, 1950 (45 of 1950) or the National Security Guard Act, 1986 (47 of 1986), shall have the meanings respectively assigned to them in that Code or those Acts. (2) In this Act, references to any law not in force in the State of Jammu and Kashmir* shall be construed as references to the corresponding law in force in that State.
*. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh.
|
