0% found this document useful (0 votes)
604 views39 pages

Assam Rifles Act2006

Assam Rifles Act2006

Uploaded by

Latest Laws Team
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF or read online on Scribd
0% found this document useful (0 votes)
604 views39 pages

Assam Rifles Act2006

Assam Rifles Act2006

Uploaded by

Latest Laws Team
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF or read online on Scribd
You are on page 1/ 39
ste wr cepovoar 200608 RA a5 USAT The Gazette of Gudia EXTRAORDINARY een a fer PUBLISHED BY AUTHORITY 55 14 FS, HAT, EPA, 2006 / HW 15, 192 S56) __ NEWDELM MONDAY, MOVEMUEI¢G 2005/4 1,998 CU Nt Mm ae TA TT MINISTRY OFLAWANDAUSTICR (Legislative Department) i, is ery pad for general tion THE ASSAM RIFLES ACT. 2006 No. 4702006 Dt November, 206 AnActto consolidate nd amen the aw ratingin heyovemarerathe Acie Rifles an Armed Fare ofthe Union fo ensuring the security ofthe borders ‘offi to carry out Counter Insurgency Operations inthe spec sua 3 ira evil auerie Orne MEERANCe oF we BWANA ORE and formatter connecedtberenith comrrens 1.) This Act may cal te ASM Ris eh, 2016, ta 2) stl come i ree on sch dae a the Ceol Gover ay ty Seanad utto wthe ga ate, apc 2 ‘THE GAZETTE OF INDIA EXTRAORDINARY. [Par Defoe. 2. (J) Inthi Act unkssthe context oterwis equres— (o) “waive dary" elation oa pesox subject o is Ac, means any dy a8 ‘a mentwr of the Fore during the period in waich sac person i attached 1, oF the Farce (Wowtich is engaged in operations agaist an enemy oF an insurgent temorstor iy persen in ams agate Union, oF {Gi whic sporting ata picket or engaged on patrol or ofer guard day sng the bardrsof ind, and includes duty by such person during any period deslared by the Cz Gover trent by naifeatonin he Oficial Gazelle, aa pero of ative dy witrefrenceto ty ates inch or under any provision of this Act o fe the purposes of ay oer Tea fr the tive Beng in force, any person orcs of ersns subj 0 SA. ty be serving: (ey "Assam Rifles Cou means a Cow refered win sein (“battion® means aunt of the Force consiteed as battalion by the Cental Government (“Chief Law Office” and “Law Otc” mean, Cities anda Lav Officer ofthe Force appoated bythe Central Govern {o-*sis offence! means an offence which triable by aeriinal cut (“sv prison means any itor place used forthe detention of any stil reisoer under the Prisons Ac, 1894, or under any ih: lw frei being nfo» of 166 (4)-Cemmandan", when ved nay provision af hisAe withrefrencetoany nitoftneForce meas th officer whose diy tsundertherulesoreplsions cit theabsence af sch ues or repulion, by custom ofthe service, to discharge with reapett hat unt, fe ucts of « Cenandant inregan eaters fh desriion teferced wo i that prousion; (4 "oiminal cout” meas scout of onary ermial justie in any pa of Ina: {9 “deputation” mean a petiod for which he srices of person bong 12 any dépunmontof the Cail Goversmentarepliced atthe dbpesal ofthe Director: Geren (p"DeestorGeneral” and “Adina Diestor Gener!” men the Direct General and Additions Decia-Gerera f the Fore sppoitted urder sub-sectors (Hand @) ef section, especivelys (a) "enemy" incudesall armed mtineets, armed rebel, arma ters, pate, terra ant aay person nares agains wiom itis the duty f any ston subject to this Aat © take aston; ()*errlledperson" meansan under-oceroroberpeson enrlld wider thi Aas {ny "Fores" can the Assam Riles, (n) "Force exsiody" meansthe ares or confinement ofa menber ofthe Force scconirg to rlesand incades aay miltny custody ofsueh member under te Ay ‘241850; wor 930 (©) “nspestor General” ata “Deputy inspector Osneral™ man, respectively, the fgprco-Geverl ad theDepulylspctr-Genera ofthe ore npeined under sub-section (2) of seston 5; sen) “IME GAZETTE OF INDIA EXTRAORDINARY (9) "mambo of the Perce” meme an offi a whore fier, an nen: tice or orev perm ai isles the pres deputation (@)"wotifcaion” neas a notfcaon published in the Oma Gaze; (peers mans any ater omission paisable nde his Act and inces acivilofnce: (6) oie” means person apple orn pay asan fcr of fe Fes but oss sotinclude asutorsinae officer or an sndertiver, ("prescribe means pescibed by rales made under this Ae (4) *epubtinns man the regulainsmadedy the Contra Government under sh ace, (0) "rue" means le mode unde tis As (6) eberdinats officer” mans a person appointed oF pay a6» Subalar MajonaSubedar cea Nab Subedar ofthe ere, (4) "siperiorofea”, when ust relation 1 a yeson sujet to Mis Ac, {anymonb ofthe Fares ora person on deputation 1 whosecommané ‘such person i forte ime being subject in ascordance wi te res (wany ore other rank rcssorfaighergrade inte sa chs, ‘and inves when ssh person is tan ofc, a subordinate offer oF an under ler oighe rank lass rade; (G9 "terri means any person who, Withinentocveave the Coveraert byw enabled ort site train the people any section ofthe people oto lente ny section ofthe peopl orto adversely aes de tamony amongst erent Sesto ofthe penple, dos any acto hig by using bonbs, mami o the ‘lesiv suhstaners or iaflanatlesabaancesor fia or thr lel weapons ‘or posbis or noxous gases or ofer chemicals or any oer subitates (whether bli or others) oa hazadbusnauteinsuch aman, to canseor i ikly tcatse death fe aj tay eson or persons, dumageto, of destucion of oper of draptonof any supplier serves eset ei the commu ("underoia”cnas War Offs Hvila Nak nd Lance Nab ofthe Pare, (a “ai means say (@ sation or (oregimentor (1 ising nations oF (i) Head Quarters of DeptynpestorGenealor (Mead Quer of tepectr General or (ead Queso bireto-Geneal, ‘ofthe Free an incl ay ter Frmation fhe Fores specif, by tifeson, by he Cantal Goverment. (2 Words and expression wed ad vot defined inthis Act bt define nae Indian {sof Pool Code sl ave the meanings asin the in hat Ce. Constain 4 “THE GAZETTE OF INDIA EXTRAORDINARY Pus (6) ns Act reference wo any law ni oes in he State of ams and Kashmir shat be vonstued as references othe evresponding lw i free inthat Ste 3. (1) The following pesans (wheter on depustion or otherwise employed) shall tne subjeat to this Ac, wherever they maybe, nly — (4) olfcrs and subordinate etic; ond (8) unde-offiers and oer persons enrolled under this Act (2) Menbess ofthe Fase in enstenes a! the conmenesment ofthis Ast shal be desma to have been appointed 8 toca ay be, carole as such under this As (3yNotwitstandigenythite contained in subsection), anyon wis payed inne Fore on deputation from te regal Acmny as defined under clause (x) of ton 3 ‘ofthe Amy Act, 1980 shal nt be suo! fo ths Act and sl, darigg fhe period of such ‘puttin be deemed t be substi the Amy Act, 1950 Provided that such parson in eg bis dates an discipline shal be dered be ‘under e cemmand of WE mene ete Force ander mone command awh person fo he tine being placed: Proved fre that, i case af sach person, forthe purposes of his duties sad scp, he expen active daly" fined ase a) of subsection (1) of ection 2 Shnll be desmed tobe the “active service” as defined in cause (i) of section 3 ofthe ‘Army Ae, 1950 for king ny ation against header the provsinsof te suid Army At. (4) Any person who is net subject to ths Act is posted for any service wits he members ofthe Feoeorengagedto aczampary wth orto provide any seve inary manner tothe members ofthe Force in seh— (can, (4 tine of mare, (a) font post (ny active eyo (counter insurgeny opeaions, ‘2 may be spevitiod, by satiation, by the Ceal Goverment it ths behalf shall be ‘etnedto Bet mee ofthe Fors, il ke a» posted oe engaged in wich eresponding rank a5 may be dtennined by wun, by the Cone! Goverment forthe purpcses of thes Act (6) Beery person subject a this Atshall romain So subject unt etd, . ‘released remove o dismased Forte Force ie acordance wi he provisions of his At nd cules ‘cuarreR ‘Constnos oF FoR AND CONDMONS OF SCE OF MH MEMBERS OFT FORE 4.(1) There sallbeanarnedforcof he Usion called the Assam Rites fr ersuing the searity of the bordes af inca, fo cary out counter isungency operations inthe ‘seatied areas ad atm ai of evant for temaintenanc flaw snd order and ‘Me waters connsced sheevill (2) Subjest to the provisions of this Ac, te Forge stl be resort in sch rmameras may be pressitedant te conditions sevice ote mente of Free sa be such as may be prescribed ws lendenee, direction and contol ofthe Force hal vet in, and bo exercised by, the Cental Government and aibjct thers and tote provisions of this Act and the rules and regulations, he consmand and supervision of the Fore shall vst {nan ofie be appointed by te Cowra Governments the Director-General Othe Force. @) The Dredor Genera shal, the discharge his dts wader this Ac, beast by sich number of Addiionl Director Geneal, inspectors Genera, Deputy Ispestors- General, Commandant and other officers as may be appointed by the Cotral Govern 6 (2) Thepenors Ww be emoledtothe Fores the mode ofetrolnen andthe pocedire for enrolment salle suchas ay be preseribed by the Central Goverment @) Nowwinsanding nyhing contained in his Act and te rules and regulations, very person who tas, or a ostinuoas period of thee ments, been i eceip of pay a8 3 eon cnoed under this Act and bere onthe ols ofthe Foce shall be deemedto have beso duly emote, (Ne person whos vot xetizn o nda sal, xczptby the censent ofthe Catal ‘Government signifi n wing, be enroted inthe Free, 7. Bvery member ofthe Force shal be Hable 0 serve in any par f Tdi at well cose india, 8.No member ofthe Force stallbeat ibery— () resign bs appoistment during the frm ois engagement; or (0 withdraw kinsel flomallorany ofthe dais of is opoinimen, except wth the previous permission ia writing ofthe prescribed author Tom be post 2 ber persia sipecttomis Ad sl hate dung te pase oft Pes, Kee 1. Subject tothe provisions of this Act ad the rules and eg ions, the Cental Termination ernment nay dismiss oe remove fam the servic any person sjest 0 his Act. olsen Go ay di from the ny person sujet to this ey Geren, 1. (2) The Director Genera, Addtonal Director General or any eapeto- General ‘may dismiss or remove fiom service or reduce to a lower grade atk oF the ranks ay ssen subject vo dis Actor hana Te, (2) An ices not below the rank of Depuy Inspecior Genera aay dmissor remone fromthe serve any person wade his command otter han an oie or asuborSinat office ‘ofsuch rank eth aks a may be prosribe G Ay such ffcerasismestioned insub-section(2) may reduce toa lower grade or rank or herarksany person anderhisconmand exceptan offier ora subordinate fice (9 Theexerise of any power under this section shal be subject othe provisions of this Acta the ules and eguatins, frame 12, A subordinate office or an enderoffcet or otter evoled peson who iret, Caiene wf ‘dsctarged,reeased, removed or dismissed irom sericeshallbe frishedbythe officer,» emeston ‘whose command heis subject, witha cerifcate inthe language which ithe mother tongue ‘ofsuch person end also in Hind ad English language setingfeth— (@) te autor terminating nis sevice; (the cau fe seh teenintion and (€)the fl petod of his Service nthe Force, ewes crest fecdom of eno Aumonses sete ty enesy 0 steed sod lovey “rie GAZETTE OF INDIA EXTRAORDINARY _[Pae t= EE ee 13: (1) No person subject to this Actshal, without the previous snicton in writing oF tn Cental Goverment or the presribed auboiy— ‘a nenbr of oF Be assciated any Way with any trode aon abou ‘laesocatian oe wih any class of rade on, laboaruninsor pote (ybea meniber of ode assoeated many way with, am secey associate of organsaton thats not ecognised as part of the Fors isnot of 2 purely soi, ereatinal or religious mature; oF (c)comnusicae wi te pes or publish or cause 0 Be publ any Book, Jeter Saher documert except whee sich communication or publication i athe oeudedncarg fis dle of of aputely ear, arse aint character ris ofaprescribed nature, xplaion any queson wna te what any sce, ition association cor organation is ofa purely social, recretion jos nate under clause (6) of is Sheeation the decbion of the Cenrl Goversent hereon shal be fink (2) No person best w this Ast sal prise io ares ay esting oF ke pasa ary demonstaton organised by any boy er persons fr anypite pureses OFF Such other purposes as may De presctibed CHAPTER ‘Suxvice eurvces {4 The pay of every person subject this Act duet him stu: ary us oF regular he i Bog ince sl be ai witout ny deduction ce tae te ‘aductions arse by Or unde this Actor ary ater AGL 15: (1) Any person subjecto tis Ac otber han an oficer who senses wrongs by any offeror subordinate fier may connote officer ender whose command or ‘onde he sr (@) When theoticer complained suns isthe ier to whom any complantshowly ‘under sb veton 1) be prefered, the aggrieved perscn may complain 0 such ofS fextsuperioromie. (2) Every officer receiving ny such compli shall make ascomplt ay vestigation lnsoitscunay be posable for ging ulledresso the complain; or when necessary Fer the comphitt wo superior anor (p bveryauch comp shlbe prefered insu manner as uy am ne tote, Pe specified vy the Decor General (6) The Cena Government may revise my decision by the Ditesor General under sutrsostlon 2) but, ubject thereto the decison ofthe Direct General sal be ial 16 Any ofcer whe deems himself wronged by his Commntant ee eny superior fict ond who onda applzation made to his Commandant or sush supstior fee does anette ne redex 0 which he considers selenite ray complain we th Crsal coerce noch mane asta, otro me, be specified by heDiresior General 17 Neither the arms, ches, equipren, aseoutemen’ oF necesus of ay pete subject to thiaAce roan anal os Ny bi e tedscharge ofhis stysalee set te py and allowances of any sich person of any prt there, be atached, by econ ofany ivi or vevenuc ccurtorany revenue ofice i satisition of any decree ct ‘order enforceable agains hi. Sie. 1] {THE GAZETTE OF INDIA EXTRAORDINARY. 2 18, (1) No person subject this Act shal, solorg as be belongs tothe Fore, be Hable tobe arene for de urder any prozess issued by, of by the aunty of, any civil ct ‘revenue courtorevenue officer excep wth he pri consent of he Cereal Governent (2) The Judge of any sash sourt othe sd officer may’examine into any complain sade by sachpetaen or is superior officer of the arrest of such petion centary fo the ‘rovisicns ofthis section and may, by warrant under is tan, ‘avard reasonable cass to the complanar, who may recover those cos in Uke ns the might haverecovered ost awarded w him by a detee agains the person obaiing the process, 0) For thorocovery ofoush cous o courte shall be payable by te complainant 18, (1) No Presiding Otice or member ofan Assam Rifles Court, no Lew Officer, n> party tony proceeding belore an Assan Rifles Court, or his legal practioner or agent and fo witness acting i ohadisnce toa sunnmors 1 tend an Asam Rifles Court stall, while proceeding to, atending or turing from, an Assur Riles Cou, be lable to arrest under ivi or revenue process (2) tary sues person is arested under any such process te may be discharged by onderafthe Assan Rifle Cour 20, The rightsand privileges specified inthe preceding setion of tis Caper sal be inadition to, and notin derogation of, ary ether righ and privileges coneeed on persons subject o is Act generally by any other aw forthe ime being in Fre. CHAFTERIV Onrences 21, Anyperson subjsetto thi Act who commit any ofthe flowing offences, ha is oy. (@) stamefulyatantoas or delivers up any 9 his charge or which iis his dry to defend oF (@)incaticnaty wes any means to compel or induce any person subject to this ‘Actor to amy, naval a force law ac ary member of oe armed frees 0 abstain rom ‘acing against the enemy ore discourage such person fromacing against he enemy, or plac or guard, committed © (yin presence of remy, shamefully casts away his ans, ammunition, tots ‘orequipment or misbehaves in such marnet us to show cowardice; ot () weacherouly holds correspondence wth e communicates intelligence (0. the enemy or any person Harms against the Union; or (6) dzeatlyor indirectly assists the enemy with novey, ams, anmantion, sores ‘orsupplesorinany other manner whatsoever: oF ()intime of active operation agaiest the enemy intentionally occasions a fae bra inaction, camp, quirtrs or spreads oreauses tobe spread reports calealated 10 create alarm er despondency; ot ()intineofstonteaveshls Commandant or other superior oiceror hs pst, J, plket, parol or party without being regularly reeved or without eave; oF W) having been captured bythe enomy oF made serves with rai the ene; oF (© koowingly harboyts or protects an enemy sot being a risoner oF (being sentry intime of stive operation against he enemy or tam, sleeps upon his post or is intoxicated or acne of war, voluntarily Imity of pes ren tees funn 8 ‘THE GAZETTE OF INDIA EXTRAORDINARY (Paver (8) knowingly does any act calculated 10 imperil the success of the Force oF the army, naval, air forces of India or any other armed forces of the Central Government co-cperating therewith or any part ef such forees, shall, on conviction by an Assam Rifles Court, be lable to sufer death or such less pur ishment as isin this Act mentioned. rane ie 22, Any person subjet to this Act wio commits any ofthe following offences that intone istosny, Teeny sea tr (ov istaken prisoner or captured by the enemy, by wan of due prevauton or ee through isobedience fede, or will neglestof duty, or having bee ken prisoner ns 1.3 captured fis torejoa is serve when ale to dose; or (8) without due authority holds correspondence with, or communisates Intelligence to, the enemy of eny person in league with the enemy or having some by the knowledge of any such correspondence or communiestion, wilfally emits to discover it immediately to his Commandant or other superior offices, shall on conviction by an Assam Rifles Court, be lable co suffer imprisorment fora term ‘which may’ extend to fourteen years or such less punishment as i in this Act mentioned. orteces 23, Any person subject o this Act who commits ay ofthe following offences, that i pundtable to say,— rosy, fnote severely for ate Ju (a forces a safeguard or forces or uses erimina force wo a sentry; oF tian a ober times (8) breaks into any house or other place in search of plunder; or (¢) being «sentry, sleeps upon his posto is intoxicated oF (c) without orders from his superior officer, leaves his guar, leket, parol or posts; oF {) intentionally o° through neglect occasions a fase alarm in camp or quarts or apteads or eauses tobe spread reports calculied to create unnecessary alam or Adespondency; or (makes known the parole, watchword or courtersigno any personnot ented tw reetive i or (4) iowingy givesa parole, walchword or counersign efferent from what he received, shall, on conviction by an Assam Rifles Cour, — (4) i be commits any such offence when om active duty, be Table to suffer imprscnment for a term which may extend to fourteen yeas or such less punishment asin this At mentioned; and (B) if be comnits any such offence when ndt on active duty, be Hable to suffer imprisonment for a ttm which may extend to seven years of suck ess punishment 38 isin this Actmeniione. aiy 224, Any porson eubjectto this Act who commis any ofthe following offences, thats 10 say, (2) begins, incites, causes of conspires with any other person fo cause any ‘mutiny in the Force of in the army, naval or air forves of India or any forces co ‘operating therewith; ot (joins in any such musiny, oF {c) being present st any suck mutiny, does not use his uimost endeavours to suppress the same; oF sel “TE GAZETTE OF INDIA EXTRAORDINARY. 9 (W fnowing oe baving reason to believe inthe eisense of any suc ‘of ary intention to maity oF oF any such conspiracy, does Ho, without delays gre information there tohis Commandant or othersuperr officer, oF (endeavours to weuce wry person inthe Force or in the a, raval o air ences ofan or any forces operating Werth ombis duty or allegiance o fhe Union, stl oa coovictonbyan Asian Rifles Court, ako sf death such ess pushment ‘sin this Act mentioned, 26.) Ary penn stiect to this Ast wo deserts or ates dese the service stall on conviction by an Assam Riles Cou, (a) te commits ne offence when on active duy or when under orders for vive dy bs lable suffer deat or suche punishment sb ints Ast mentioned; and (0) ite commis ne ofave ser anyother circumstances, be Fableto ser imprsencr for term which iy extend 1b Seven years er suck less puishent his Actmentoned (2) any person subst this Ast whe knowingly harhous any sue dese shal ‘on conviction bya Assam Rifles Court, be able o suffer imprisonment for aterm which tay ented fo seven years O sigh ess panier a sinha Ast mentioned (2) Any porto sujet thi Act who, being eugnsant of any desertion oraltempt at eserionof person subject this A, dosent forthwith give notice to his own or some ‘her superior fer, ore any stepsin kispowerto cause sshperzon to be apprehended Shull, on conviction by an Asse Riles Court, be lible ro suer imprisonment for term ‘uhh may exten toto yeas SUC ess pulse as iin his Act mentioned. 26.Any potion objeto Act who commits any of he following offences, tht i bs (e)absents hirslf without leave; of (op winout sutclert case, oversaysIeave ranted te hing oF (6) bing leave of absence and having received information from the propria auharty tht any bataton er parthereof or anyother wit of he Fares, {0 which he belongs tus to ordered on ative duty, fail, without safcient ease, 10 ejeinwithcut delay; oF (d)wthout suet caus, ilstoappeur athe tine fined atthe parade pace appolie for enesig oF da oF (e)wher on parade oronthe ine of march, without sffceat aus or without leave ff hissuperior officer, quite parade or ie of march; oF (Awkenincanporelsewher, found beyond any imits aed oF any pase prohibited, by any general acl oroter order, wahouta pss ort eae om is fupesiroffce: of (without leave romnissuperor is or without dae cose aksents inal fromany school when dy onder atend tet, shall eanvicton by an Assam ‘ies Cou, te lable se inpesannert fr atem whichmay extendto we > ‘rsh less punishment si in his Act mersoned. 21. Any pesensubjest to this Act wo commits any of the flowing offence, has tosay— . (6) we final fre to or assaults his speror officer: or (6) ves treatenng language 0 such offer, ‘rete ie sis oarerne oF NDIA BXTAAORDNSARY_{Ps = (ewes insubordinwe angang se Te sat, on comiton by an Asan Riles Court (Uy isch tier sai ins nn cet TR OES irae omece sn a ace cry, ibe omer inion Pa, syne ny 3 corm esa uch an prsnent s AGh mentioned and (oy ver cae, be he salle mse (1 4 wwbieh my cant etches pena sin is At eto aan the eas of nee neta ce (ee cat sult no exesed ve 98S as ary pson sb tots At whe BSR Tg show 8 Wit a yy onan genpeaonT prior oficer wi net tet Se vo by inal of th ex creonby a ass Riles COPY osteo ur mgs OF ete pn afar your ES SS his etmentoned vz ny pen aes aw doe? wy conwand given by bis snp orca, on cones a Asa Riis COS {ey ite ces sch fence whe a ate tiable w ser sentra em iy nent fares FAD tes punishment ts sinthis Ast mentions (0 coc ch ce whe Ba eS ible to sulle xpi oc rater hay eend epee Toss uit 5 inibis As mentions muntenina —_-20,Ary pesos tos Ae whe cami fhe olowangoffenes Us s Bec, {oy being enced in oy gare aay Sth Ta hey at “office, hough inferorank who eres io aT ase cmsinal C10 ssl any su oes oF oye ri oe, crassa gree whet IS thi Ato sc Seay ts tanly pd, ant war eset his superior csr oes an ext whos ay iso prea hin vedio is charges ay ron ut oF asracs, a5 OF GUE oF (eet obey ay asa os rer anf (9 inp te Foc Poe reed on eto 8 2 wll 0 aor when cabot up, fuses sss ine ese os uy eng es ray ponon nny acing ons eis ty an Asm Ries be blo ae imsnn gs i cae fences spied clas (O a Or yar, tic aes specie nit cer le 0 9S SE iter cae teens panies as isin tis Ast mestiones StL anypenonsbjesia tino kale ERP nll eras i ate cs wt a econo ea he eal illo yey esa Riles Cou table fr pisnment fr aE IEA sare yers or uch espns as i Ns AS one ts aoe ee tvnghecn cine Ase re ey fa me ine ef erment a wily fle answe © AnY GERI? evforth a he presiited sect) "THE GAZETTE OF INDIA EXTRAORDINARY. 4 ‘orm of enrolment which has been pus 1 him by the calling oles before whom he pears forthe purpose of being cold, salon eonviion by at Assam Riles Cour, be table 1 surler Impetionment fora term Which may exiend 1 Ave years OF sch Tess punishment as i inthis Act mentioned 32. Any offi tunbsconting his posit Rifles Cour, bel mentioned '35, Any person subject to this Act who commits any ofthe following offences, hat is to ey, berdinae officer ot an under offer who behaves in a manror andthe character expect ofhim sal cn conviction by a Assom te be dismissed oro suffer such less punishment as is in this Act (2's gaily of any disgrace conde of cme! indecent or unnatural kind oF (@) matings, or feign or produces discasor infinity in hms or intentionally delays his cue o aggravates bis disease o infimiy; or (© with iment to render bina or any ther perzonuntt oreewice, volunrlly caus htt hssel or that person, ‘tll, 08 convitioe by an Assam Rifles Cou, be fable to sufer imprisonment for aterm which say extend o seven yers or such less punishment a> isin this Act mentioned “M. Any officer, subordrae officer or an underoficer who uses criminal force to oF ‘other ill rsts-any person subject t thi Act, being his subordinate in rank or postin, ‘hal oa eonveton by an Assam Riles Court, be able to suffer imprsoament for a term which may extend a seven yeus or such les puithment at iin this Act mentioned 135, Any person subject to his Act who is ound in a sate of intoxication wheter on duty or no, sal n conviction by an Assum Rifles Cou, be lable to suffer imprisonment fee aterm whichmayextendto si mont or such ss punishment asi inthis Act mentioned. ‘3, Any person subject otis Act wo commits ny ofthe following offences, (whe in command of geard, picket, patrol ce pos, releases without proper authori, wheter willl of without easenable excuse, any person committed his ‘charg, orretuses receive any prisoner or person so commited ct (willy or without reasonable excuse allows escape ary person who is ‘commited tohis charge, or whom itis hia duy te hesp or guard, shall on conviction by an Assam Riles Cou, be lable, ithe has acted willy, wo sf imprisonment for aterm which may extend ttn years o sock less punishment a5 inthis ‘Act meticned and if he bao etd wilt sul ipriscnmert for term shich may ‘extend Wo wo yeas or Suc es punishment as inthis Ac mentioned 37. Any person subject this Aet who commits any ofthe follwing offeces, that is toy {(@) unnscessarily detains person narrestorcosfiementwithou bringing him ‘tw tal, of fils wo brig his case before the proper authority fr investigation, or (}) having commited’ perion to Fereeexstody fails without reasonable case to deliver atthe tine of such commit, ous soun as proccable, and in any ease within forty-eight hours theater, tothe officer or othe person into whose custoty the petion arexted is commited, an acount in writing signed by himselt of the ‘olfence with which the pers so commited is charged, stall, on convicion by an Assim Riles Cour, be able to sue imprisonment for aterm ‘which may extend to one year o such less punishment a i inthis Act mentioned, atog » sabia Fevmiuing see ot scape tom ‘stay. ontenes ia respect of wore, wonton and catrupton. vay ‘equipment Injury to prepety 2 “THE GAZETTE OF INDIA EXTRAORDINARY Pane al ‘38, Any porson aubjetto this Act who, bung in lawl custody, escapes or nents to esape, shal, on covstion by an Assan Rifles Court, be liable 10 sue imprscorest paeraes whichay exten to thes yeas or suc less punishment 8 inthis Act mentioned 139, Any person sibjes to this Ast who commits any of the fllowing offences hat istosay— (a) commis thet of any property belonging 19 the Government, oF 1 any Force mess, band or institution, ort any person subject to this Act; oF (0) dishonesty misappropriates or converts to bis own use any such Property; {e) commit criminal breach of tus in espest of any such propery oF (dh dishonesty reczives or eins any sch property in espet of which ay of she oforces underclass (a) (8) and (c) has been committed, owing oF hoving reason wo belive the sommission of sch oflences oF (ej way dso or injures any ropety of te Goverment enuseato him o (pes any ote thing with nent o defraud, oF cause wrong gin tone person oF wrongful lass to aoe: person, halon convition by an Ass Ril Court, be File to sffrimprsorment for tem ainch may exterd to Ten yeas of sich less punshunent as si hit Act mentioned 40, Any personsubjectto this et who commits any ofthe fllewing offences, Mas os (@)comitsentonion; or () without proper authority extracts from any petson money, provisions or serviee, ‘shal, on conviction by an Assam Rifles Cour, be Fiabe t0 sulle imprisonment fo 8 5F4 ‘which may extend to ten yes or suc les puristmentas is in this Act mentioned 41. ay person subject to this Act who commits ary of he following offences, hat isto say (@hmakes away with, ois concerned in making avay withany ars, amimun ion, equipment, instrumens os, clothing or any other thing being the property ofthe Government issued to him for his use oF entrustel *(b) loses by neglect anything mentioned in clause (a); or (cy sets, pawns, destroy or deites any medal or decoration granted tit ‘shall; on conviction by an Assam Rifles Coart, be lable to Suffer imprisonment for am ‘nich may extend in the case ofthe offences specified in clause (a), to en years, an in He Tike ofthe offences specified inthe oer clauses, to five years, or in either case suc less ‘punishment as isin this Act mentioned, 42, Any person subject fo this Act who vonumits any ofthe following oflences, hats vay (6 destroys or injures any property mentioned in classe) of session Al er any property balnging to any Force mess, band a nition, oro any person seb jest 8 this Ack, or () commits any ci whih causes damage to, or destruction of, ary preperty of the Government by fie; or see) "THE GAZETTE OF INDIA EXTRAORDINARY B (ks rs, mates aay wit, eres oF ss ny ania art im, shall, onsonvition by an Assam Rifles Cur, be bl, fhe ha acted willy to sulfer imprisonment for aise which may extend 0 tn year or such ess punisimen’ asin this [Actettioned; and ithe bas ated without earonable xcuse te suffer imprisonment fora {Gam which may extn ive yews or ach le punishment ab isin thie Act mentioned. 45, Any person sje! to this Act who amis any ofthe flowing offences, ais (e) makes flse accusation again sy person sbjet to this Act knowing or thing reason to believe such sccasacion to De false; ct 1) in making complaint aguinet any person subject to thi Act, makes any surat toting the charter of uch pron, knowing or having reson to belive Sch staeret 0 be fis, or aowingly ard willy suppresses any mara as, stall, on conviction by an Assan Rife Cour, be lable to safer imgrisonmest fr term ‘which ay eaten othe yar o suc ess puishment a i inthis Act mentioned, “44 Any prsen sub! to this Act who commis any ofthe following offences, ha Is tos. (o many report. reur, ts, cenica, tock reer document mateo ignes boyhim,or ofthe contents of wich iis his day © eseetaintheaccurcy, knowingly makes or privy oe aking of, any false oF auduen statement oF (Gin any document ofthedesrptionmentoned in clase (), knowingly sakes cor isprivytothemuhing of any onisin, wit intent 1 Sf or (© knowingly an with eta tinue ay pers03.0: knowingly and with intent to defraud suppress, defaces ters or makes away with any docunest which ii tis duty to poserve cx produce (@ where itis his oficial duy w make a declaration respecting ary mates, knowingly makes false declaration; or {© otis fer tise, o fe any oer perso, any peasion allowance oor advantage or privilege by statement which ts, and which he citer knows oF bieves tebe false or dats nt believe to be te, oF By making wing lec in any book or reson, or by making ary docuent conning false statement, oF by fomiting to make ative etry o& document conaning a rv statement, sal, on conviction by aa Assam Riles Court, ke Hable w fer imprisonment fora tem ‘whic may extend en years or Such es punishes sins et mentioned fences, tht ie 48, Any person sbjes wo this Act who commits any ofthe fellow 10 st, (9) shen signing any document reli to pay, as, ammunition, equipment, clothing, supplies or stores, or any property ofthe Government fradulsts leaves in ‘ark ny mute prt for whichis signature sa voucher, or (6) efesesorby culpable ngletomist0 mateo send areportor set which itishis dutyto make or send, shal, on conviction by an Ast Rifles Cou, be Sable to ser imrisorment fora tere, his may extend to hee years such Iss punishment asi inthis Act mentioned {46 Any perion subject 1 this Act who commits any ofthe fllowingafencs, hat wey (a) being duly sunmoned or ordered fo ated a5 wines befive an Assan Riles Cur, wily o¢ without reasonable excuse, makes defi nanendings Fane ‘edartons onteres ‘THE GAZETTE OF INDIA EXTRAORDINARY, [Pave th (@)colurs to take an oath or make an affirmation legally required by an Assam Rifles Court to be taken or made; cF {) refuses to preduce or deliver any document in his power or contol legally required by an Assam Rifles Court o be preduced or delivered by him or (a) reiuses, when a wimess, toarswerany question which be by law bound answer; oF (eis guily of contempt of the Assam Rifles Court by using insuling or threatening language, or by causingany interruption or disturbance inthe proceedings ‘of such Court, stall, on conviction by an Asse Rifles Cour, be Hable vo sufer imprisonment for a term which may extend t tree years or such less punishment as i in this Act mentioned ate 47. Any person sbjest wo this Act who, having been duly sworn or afimed before ‘rites any Assam Rifles Court oF otter court competent under this Ast te asminister an oath OF “aMiomatien, makes uny statenent whic i alse, and which he either kitows or believes 0 be filse or dows not believe to be rue, shall, on conviction by an Assam Rifles Cour be lable nent for atecm which may extend to seven years or such les punishment «is i this Act mentioned, 48, Any officer, subordinate oie ofan under-offcer who, having received the pay ‘of apersonsulbjec io this Act, uniawfully detains orrefuses:0 pay te same when dus, shall, fin convition by an Assam Rifles Court, be liable to suffer imprisaanieat for 9 term whi tray extend to five years or suc less punishment asi in this Act mentioned Vinton of 49, Any person subject o this Act who is gully oF any act or omission which, though onl sider, got specified inthis Act, e prejudicial to good order and dissiplive of the Fores shall, on Sov daw Gonyictionby an Assam Rifles Court, be lable to sue imprisonment for astm which hay fxtend to sen years oF such fess punishment ais inthis Act mentioned Maccincous ‘50 Any personstject to this Act who commits any ofthe following offences, that i flees 19 Sa (w beingin command at ny pestor on the marsh, and receiving complain tha anyone under bis command has beaten or otherwise msl-ueuted or oppressed 259 jperean, or hes distrbed any fair or market, or committed any riot or respass, ai 9 We de reparation made 19 the injured person oF to report the case W the proper authority; oF (6) by dflingany pace of worship, or others, intesioall insults he religion, ‘or wounds the religious feelings f any person; oF (6) atempts to conimit suicide, and in such ettempt does any act towards the ‘commission of soc offence: or (a) being below the rank of subcedinate officer, when off duty, appears without proper authority, in or abou eamp, or when going 1 oF turing Kom, any town ot bazaar, carrying a rifle, sword or other offensive weapons; oF {e) diel o: indirectly acozpts or obtains, oF apres to accept, oF temps (0 ‘bain, for hist o fran other person, any gratification as a mtive er reward for procuring the enroiment of any person or lave of absence, promotion oF any other fadvanlage of indulgerce for any person in the serics; oF (commits any offence against the property or person of any inhabitant of, oF resideht in, the country in whieh he is serving, shail, on coaviction by an Assim Rifles Cour, be Fable to suffer imprisonment fora term ‘which may extend lo seven years oF such less punshient as isin this Ast mentioned Sith GAZETTE OF INDIA EXTRAORDINARY Is Any person subject 10 ‘Act who attempts (© commit any of the offences specified i sections 2 vo 30 (bot inclusive) and in such attempt does any act owas he commision ofthe ofence stall, or convetionby an Assam Kifes Cour, whereno express prowsion s mad by this Act forthe punishment of suck ase, be Hable, — (ifs offence atempted to be commited is punishable wit death, sul imprisonment for aterm which may extend wo fourteen yeas or such less punishment assim tis Act mesticned; and (W ithe otfence tempted tobe commited punishable withimpesormentto sate imprisonment fora term which may extendto oneal fe longestterm provided for that offence or sich less punishment asi inthis Act mentioned 52. Any person subject to ths Act who abets the commission of any ofthe offences specified in sections 21105 (both incisive) shall, conviction by an Asam Rifles Court, ifthe Act abeted isconmited in consequence of the abstmert and 20 express provisions made by this Act forthe punishment of such abetment, be lable ose the punishment proved for that offence or such less punishment asi inthis Act meione. 153. Any person subject to this Ast who abet the commission of any ofthe offences able wih death under sections 21,24 and cause (a) of sub-section (of section 25 shall, on eonvietion by an Assam Rifles Court, if Wat offence, be not committed in ensequence ef abeanent and no enpres provision is made ythisAct fer te punisnent ‘of sul abstnen be Table to sulTerinmprsonnent fra rat which may extend fortes years of sul less punishment ai inthis At mentioned ‘34. ny person wubject ro this Act who abets the commission ofan ofthe offences spoofed in sectbns 21 t0 30 (tot Inclusive) ang punishable wen mnpisonment shal, on cenvition by an Assam Riles Cou tt offence, be not commited in eansequence ofthe abetnentandnoexpress provisionis made by thisAc forthe punishment of such akeimert, belisletosuerimprsoement fora term which may extend to one-half ofthe longestern ‘provide for dat offence o suc less punishment as isin this Act mentioned $55. Subjec tothe provisions of section 56 any person sibjecttothis Act who a any place in, or beyend, India commits any civil offence shall be deemed to be guy of sn offence agains tis Actand, charged therewith urde this section, shallbeiabletoberied bby an Assam Rifles Court and, en conviction, be punishable as fellows, thats to 1 (@) ifthe offence is one which would be punishable under any twin force in India with death he shall beable wo sufler any punishment assigned fe the eenes, by the aforesaid law an suck less punishment sis this Act renioneds and (2) in any er ase, he shall be liable io sue any pnichment assigned forthe ‘offence by the law in fre i ni, or impesoument fra wenn which may extend wo ‘seven year, of sic less punistment ss in ts Ac mertioned ‘56, A person subject to this Act who commits an offence of murder or of elyable homicide not amourting te murder agains, o of rape i elation 0, person not subject © this Act shall rot be deemed to be euily of offence aginst this Act and shall ot be ried bby an Asam Rifles Cour ules he commits any of he sad offences, — (0) wil on ative ary (6) any place outside Ini; oF (6) at any plac specified by the Central Government, by notification in this i, Avene ‘tec at ive be Avatnest ‘ites bunatle ‘wih et vein of Sromited cv ‘feces nae ty Rite Coun Sarai iam Rill Coss. Atemaive pnt Pati ‘ss Bis Coe Ccombiston a Parishes, the Face ofa anv ot Sve day fore ta by Asset nes Cots w “yilt GAZETTE OF INDIA EXTRAORDINARY, Parr eo (CHAPTER Posnens 457.1) Panes may be ined insespet of ofences commited by porns ubjectogieActandean kdb te Asa Riles Cours, according hese olowins, that is 10 519— (aydent, {by imprisonment which may e er he erm ie any ot esa em at acting imprisonment for aterm net exceeding ieee mont in Foxcecustady; {(€)alismissal trom the servis: (dyvompuliory retirement fromservise, (einprisooment fr aterm notexceeding thee moat t Fores cstodyesceDt in case of offizers and subordinate offices, (fp redutian w ie ranks orto lower anor grado lace te ist oftheir rank inthe case of an under-omier, (4) fries of eriority of raicand freinre ofall orany Farofihese vie for the purpose of promotion; i frfitareof service forthe parpose of excused pay, pesion cay oer pucueribed purpose: (fine; (sever crimar oe epimand excep inthe case of persons below He rank of anundet-aficer, (forfeiture of pay snd allowances or apesiod not excceding ee months for an offence commited on sative duty; {0 forfeiture inthe case of person sciences to ditmistl Flom the servo of all rears of pay and allowances and ater pubic money du whim she time of such sismissal [m) stoppage of pay and allowances untiany proved Tos of damage occasioned by the offence for which he & convicied is made good. _(gyEachotine punishments spesitedinsub-setion(/) shallbe dsm Pe tere in degree to every punishment preseing iin the above seal 158, Subjetto the provisions ofthis Act, an Assam Rifles Cour my, of anWicNOES perionsbjectio is Ae ef any ofthe oflences speci in sections 2} 094 (bath inclusive) vet enter te pnicala: punehncet with which te ofences stated in he sa ee eens punisable or, in lew dere, an ofthe punishments fower inthe scale et oUt ecion £7 regard being had to the nature and degree ofthe offense 159, Asentone of an Assam Rifles Court may award inadivonto, or wihout any ove cher pire, te punisimen pein aus (oo absction (1) of sci aoe mars of he putishen’ spied lass () 6) (bah insve) of at fvbsection ‘6. Whenonacive duty any colle poron fe been semened by an Assan Ris cout inmost ro npiscess wate! embod with dismissal wot the pressed ice ay direc tha suh person may be ean 1 serve in the rasan such service hall be reckoned as part ofis term of imprisonment 13, ‘61 Pusishients may aso be inited ie respeet of offences commited y Ferns abjpto this Act hou ie mrertion ofan Assam Rie Cor in the are sate sections 62, 64,65 and 6. t t “IVE GAZETTE OF INDIA EXTRAORDINARY ” —— 62, Subject tothe provisions of section 63, a Commandant or sh other oe withthe consent ofthe Cental Goverment, pects by the Diestor-ieneral ay, it the Described manner, proceed against a person subject to misAc, others than asan ofc bra sukoedinate officer ot « Warrant Officer whois charged wit an offen vader fd award such pets tthe extent prescribed, one or more oF te foi puisinens, tat sb ay. (imprisonment in Force custody up to twenty eight days, (@) detention up to twenty-eight days, (© confinement fo the lines ep v0 twenty days (xa guards or duties; (@) deprivation ofany speciatposit cor redetion to lower grace of pay: () forteture of good servize and good eomdust pay, {epsererereprimandorreptinand; (fine up free Jags pay in any one morth; {i deduction foe bis pay end allowances of ary sum required w mabe goed such compensation for any expense loss, damage or destruction caused by hin the Cental Government, of aay bulding or property a8 may be awarded by his Commandast, {63 (i) In the case of an avard of 0 c€ more ofthe punishments specie in causes (0), (8, (end (2) of section 62, the puishments specified in clause (2) or cause {Gstall ake eet only athe end ofthe punishment specified in chiwse (a)or clause (8). (2) Woes two or more of th purishnents specified in the sai elaass (2) (8) and {eareavaried teu person conjoint, o when steady undergoing onc or ore ofthe sid purshment, the whole exten ofthe punishment shal wot exceed inthe gure forty two dys, (2) The punishments specified in the sai clauses (a), (2) and (© shal ot be aware to any person who i ofthe rank ofan underoicer or was athe time of commiting he ‘offan forwbich he is punished of exch rank (0 The punishments specified in clause (g of section 6 salt not be awarded 0 any person below herank of an underoffier. (64. (0) An officer wx below the rank ofthe Deputy Inspector General or such ote ofticer ass withthe consent ofthe Ceszral Govern psf bythe Diretor General may, i the prescribed manne, proceed agaist an offesrtetow the rank of « Depty Commasdant and ofary rank of suberdinat officer and of the rank of Wasrant Officer who 'S charged wit anoffence underthis Act andawand one or mere of te following paisa, that st sey — (6) forfeiture of seniority, or in the case of any of them whose promotion pens upon the length of service, forfeiture f service forthe purpose of pronotion for a petod not exceeding twelve months, but subject tothe right ofthe cused previous tothe avard to ole tobe tried by an Assam Riles Cou (6) severe reprimand or reprimand; {© sioppage of pay and allowances until any proved oss or damage oessioned by tho offence of whe he is convicted is made good. {G) every case inwhick puninert as been evarded under ub-tection (1), etfs ove copls ofthe procecings sal ie Forwards in the preseribod mame, bythe officer Awarding the punsirere tothe preeibed superior authority who rnp if he pankhinent ‘warded, appearste hin o be egal jus oreacesive, cane, ary orentihepanent tnd make such other direction as may be appropriate in the crcumtanes of ne ee mnorspesil emoluments orany acting atk prnutinens. tne econ 2 Punishment Panis orotices sf ebondinate seers aed Warast offer by Commancant, Callestive Deduct from pay and lowances of ‘lias 18 {HE GAZETTE OF INDIA EXTRAORDINARY (Pave tI 65.(1) An oflicer is. with te consent of the Central Governent, specified by the Director-General may, inthe 1 below the rank ofthe laspecior General or such other office a8 prevenbed manner, proceed agaiast an officer below he rank of a Commandast end ary vbordinate ofier anda Werrant Officer who Is charged with an offence under this et and ward one or tore af the following punishments, that is Go say (ay farteure of sexiest, or nthe case oF any of them whose promotion depends upon the lensth of service, frfetxe of service forthe purpose of promotion fora period not exceeding welve mons, but subject. the right of the accused previous tothe award t elect t be tried by an Assam Rifles Court (W severe reprimand or reprimand, {(€) soppage of pay and allowances ntl any proved loss of damage oceasined by the offence of which he is convicted is made goed, (2) Inevery casein which punishment has been awardedundersu-section (/) certified true copes ofthe proceedirgs shall be forwarded, i the presribed manner, by the oficer awarding te punishment tothe prescribed superior authority whe may, sho punishment ‘awarded appettstohim to bs illegal, unjust or excessive, cancel, vary orremit the punishment fant make such other direction as may be appropriae in the eircumstances ofthe case 66. A Commandant or such other officer as is, wth the consent of the Central Government, specified by the Director-General may, nthe prescribed mamer, proceed against try subordinate officer ora Warrant Officer whois charged wil an offence under this Act land eward ore or more of the following punishments, that isto say, (@ severe reprimand or reprimand; (6) stoppage of pay and allowances util any proved lossor damage occasioned by the offence of which he is convicted is made good Provided thatthe punishment mentioned under clause (a) shallonly be awarded by an officer no! below therark of Commandant autuonsed by the Director Gsneral to award such punishment 67.(1) Wheseverany weapon or partofa weapon or anxmuniion, forming part ofthe equipment ofan ofthe Fores bstorstolen, a alficernotbetow rank ofthe Cornmandare Sf arbuttalion may, after making such inquiry as he thinks fitand subject to the rules und Tegulatins, impose a collective fie upon the subordinate oir, under-officer and men of ‘sich unit-oruponse many of thet a, ia his judgment, should be held responsible For suet loss or thet (2) Such tine shall be ssessed a a percentage onthe pay ofthe individuals on whom intl CHAPTER VI PENAL piDucTONS 6The folowing pena deductions may de mate froin ihe pay an allowance ofa fier, tat 0 5. {@) al pay and allowances dv w an offer fr every dey be abet himself without lave wales a stator explant hasbeen give €0 is gommarding ‘ier and his bean approved bythe Central Government, {by all py ain alomances for everyday while he isin custody ox under suspension fom day on a charge fer an offence for which he is ervards conve by erininal coun cr an Assam Rls Cou or Uy a lier exercising ony unde ection 64 c scion 65; (ony stm quedo make good ho py of ay porson sujet to hi At which be has unlaly retained o nla refised psy see. “THE GAZETTE GF INDIA EXTRAORDINARY 1 (hay som required to make ood such compensation for any expenses, loss damage er sestuction oeasined bythe commision of an offence ms may be deter mined by an Assn Rifles Court by whom he is conseted of such office or by an Dicer enereisag auto under sestion 64 or section 65, (jal pay and allowances ordered by an Assam Rifles Court wo be fried or stopp (any sum required pay fine awarded bya criminal ecurtoran Assam Kites Court, (g)any sumtequiedvo make good any loss, damage o destruction of publi or regimental propeny which. aller de investigation, appears tothe Cental Govern to nave teen eceasiond bythe wrangul actor negligence on he part ofthe officer, (ial py and allowances forfeved by order of the Cstal Governmert ifthe fie is foundbya Court of fnuiry coastduted bythe Director Genel in this etal, to have dotertad to the enemy, or wile in enemy hands, to have served wit, or uder thc orders ofthe enemy, orn any manner to bave aide the enemy. orto have allowed Insel tobe taken rivone by the enemy tough vant fd precantion of Hough disobedience of erders ur will noglest of dry, orhaving been taken prisoner bythe fey, thie ale 0 Fejola Ns Service whet it was peoible we do v0, any sum requied by order ofthe Cental Government to be pid forthe ‘ninnnanee this wifeor his lgtinut oleate child or towards the cox of ay ‘elie givenby the said Goverument tothe said wife oil 169, Subject tothe provisions of section 72, th following penal deductions may be mas fromthe pay and allowances of a person subject otis Aci oter than an officer, hat is 9 an (2) all pay and allowances for every day of absenve citer on desition of watout eave, oF sa piseer of war unfess a satstactory explanation has been givst land acepied by his Comamandar, and for every day of inpriscnniem wade ‘bya criminal cou, an Assam Rills Court or an officer exercising authority under seston 6 (2) pay andatiowances forever ay while isin custody on acharge fran ffece of which he i alerwatds convicted by a erininal court oF an Assan Riles {Cout or os a charge of absence without fave for whic eis aflerwarcs wards ‘amprisoumentby an officer exercismg auoriy under section 625 (e)all pay andatlowances for every day on which eis in hospital onaccout of sickness certified bythe medical officer standing on hia to have been eased bya ‘offence under this Act commited by i (fur every day on which ei in hospi om account of sickness ceri by th neil fice attending on hen Wo have been caused by hixown misconduct, Impradene, such sum as maybe apeifed bythe order ofthe Ceara Goverrment such officer a may bespeciie by tht Goreenmsny, (6) al pay an allowances xdered by an Assam Rifles Court oF by an ofiost exercising authority under any ofthe sections 62, 64, 6S and 6 tbe forfeited or soppeds () all pay and allowances for everyday between his bing recovered rom the ‘enemy nd fis sisal fom the service in consequence of his conduct when Being taker prisoner by, oF while in the hands ofthe enemy, () any sm tequited wo make goat sich compensation for any expenses, l=, damage or destricton cass by fim othe Cental Goyerumenor io any bukit sroperty a6 may be awarded by his Commandant, an ate sie at once ot cast inne of Seog Resin of sess roviin ‘pends oF pane! of onion foe eps vol da bed tbe 2 sone 20 [He GAZETTE OF INDIA EXTRAORDINARY _{Paut ‘ay su seguied to py Fine awarded by criminal cour an Assam Riles court ranottver exercising aithory undor any of the sections 62 and 67; {i ay sum required by order ofthe Cental Goverment oF ay presctved attce, pbepatd forthe mairerance ofhis wile or is egimate legitimate hi or careeiee cost of ay rei given bythe said Government othe sid wife of ci 10, For te pupos ofelawses a) ant (sof section 695— (a) nm person shal be seated 8 absent OF In custody fora day wes ie absense or cantly as listed, wheter wholly in one ay, oF payin one cay and pany inaroter, or ix conseutive hous or upwards 6 any absence or eistody for less than a day may be reckon w absence custody fora day if ach absence of cusiody prevented the abserte fom filing Shy duly which was thereby thrown upos Some other Reron (6) absence or cusody for twelve consecutive hours oF upward ay ts eek ed asubrono or cutody forthe whe ofeach day during any portion of which the person was absent or in cust, (6 « period of absence or imprisounent, which emmeness Vetere, and sds “ater, midnight may be reckoned as. day “7 tn cae of sy person subject this Act who i in custody oF under suspension tromduy ona charge for an offence, the prescribed fcr ray dre that he noe of Mr ths py an alowances of sch prion shal be wield, peng th eu f We a charge agaist hin, in ordet co give effet the provinins of clause (6) of section 68 ard section 69 ‘7. The total dedvestons ftom the pay and allowances ofa person made unde clases (o.tgytot ofsetion 69 shall, except wes be sntnees to daniesa or Fe0V8 (Qced in any one month ene-alf oF his pay and alowarces ofthat mont 13. Any sun authorised Uy this Ato be dette fro the pay au allowanes any peta bout prejudice tary ether sof recovering the sue, be duo Thom any pvbtie money dv bint ober tan a persion. “74, Where the conduct of aty pesan subject to this Act hen being taken prisoner 1 sto be ingired ito ude this As or any tbe the Dec Feedby him may order that the waole cary pat of the pay and allancesofouh prsn sll be wit pending the es of eh gu 15.Any deduction fom pay and allowances authorised by his Act may De remit such meaner and to Such ene and by such authority, as may, from ime tte be re> seribed. “7:1 the case ofall persons ubjestto his Act, being risones of Wa, wHOse PRY ARH atlowanes have bon foreed under claus of section 69, but in wespect of whom aoaee obese madeunder section 75, shall lawful fr proper provision be male (irtne preserbel ators out of stch pay ang allowanes for any éependats OFS) Feesond and any sch efson shall in hat cast be seme 9 apply only 1 He lanes {hereafer remaining auch pay and llowanees, “7 it sal be lawful for proper provision to be mad by te preseribed wthorites For any dependants of any person subject Lo this Act who i prises of war ori msi ‘ou of tis pay and allowances. 28, For the purposes of sections 76 and 7, s parson sll be deemed to continue Uf te prisoner ef wat ut he coetsion of my ng i his cus sacha i eee aoe 74 and if he is dissed or removed from the service in consequence of ‘och conduc, ent the date of such dismissal or rtnov “TUE GAZETTE OF INDIA EXTRAORDINARY cuarteR vit AnistanpreoceseGseFOHE TA 179.) Any petson subject othe Act whois charged with an offense may be tk Imo Foreceutody under te order of my super oie (©) Notwithstanding anything covtaned in sub-setio (), am offer may ort ino orcs eastody any othe office, tough such ether officer may be of higher ran, engnged na quarrel, ales odserder. ‘8, shal eth duly of every Commandat to ke care dia person under bis command when charged with an offence isnot detained in este fo wore than Frtyight ‘oury after the comnital of ssh person into custody i reported 1 him without he charge ting investigated, ness investigation wih tha period seems to him to be impracticable having regard to the public service. (0) Thecase fever person, bing detained in custody beyenda period ory sight hours, and reason iheteo, shall be reported bythe Commandant to the Deputy tespector~ ‘Gonetal under whom bes servingor such ether eficertowbom ak aplisatioe may bemade te convene a Assam Rifles Cour forthe rl ofthe person charges. (3) ln eckoring the period of fory-ight hours specie in sub-exion (1), Suadsys and othe public holidays stall be excluded (W) Subject 1 the provsions ofthis Act, the Central Government may make res providing for he manne in which andthe period for which any preon sect this Act {hay be tain ino and detained in Force custody, pending the wal by any competent authority for anyofferceconmited by him, st. tnevery case were any sch personas is mcationed ia section 79 and x not on setive diy remains m sich custody for longer period than eight day, without Wis wil by fn Assam Rifles Cout being ordered tobe convened, a special repor giving reasons forthe delay shall be made by bis Conmandaat nthe manner presrived, and siniar report sell te fovwnrdad at intervals of every eight days unl an Assim Rifles Court convened or such porn released from custody, 2, Wherever any person subjet this At woofs accused ofan offense vn sie ‘Aca is within he jurisdiction oF any magtrate ox police officer, such magia or poles ‘Officer sala athe aprchcesion and delivery to Fore cusiody of such person upon {ecriplofa writen appletin to that fect signed by his Commandart or aa officer autio= ised ty the Commasdact in that bell : 13. (/) Whenever ary person stot this Act deserts, the Commaniast of the anit ‘to which belongs, shal ve information ofthe desertonto such civil autores iis pinion, may be able to affrd assistance towards the capare of the deserter; and sich tortie shall thereupon tae tps forthe apprehension ofthe suid deserter i ke mane ftevasithe wee a perstn for whoae apprehensiona warrant had ben ssuedbya maxis ate tg shal deliver the deere, wen apprehended, ino Force exstody. (2) Any police officer may atest without warant any parsn easonaly believe 0 Be suljeut this As and tobe a deserter tobe travelling without authority, and sal xing fim withour delay bere dhe nearest naga, o be deat with according 10a, {84 (2) When any person subject fo this Act has been absext om Ms duty withos, du authoray fora period ofthat days a court of ing shal, 8 $008 as practicable, be fsrcmbled and such court shall, on ost or affirmation administered in the prescribed mmanver, nue respecting the absonce of the person, and the deficiency, if ay i the property ofthe Goverment ented his cae, or in any arms, armani, equine, Trnrumeis, clothing o necesares, aud if sated ofthe fst af such absence without ‘oe authonty or other sufficient cause, the court sll declare su dence and he period Cus of ‘esas Conandat rod ewan nm ‘ala

You might also like