THE INDO-TIBETAN BORDER POLICE FORCE ACT, 1992
[Act, No. 35 of 1992]
[1st September, 1992]
An Act to provide for the constitution and regulation of an armed Force of the Union for ensuring the security of the borders of India and for matters connected therewith.
BE it enacted by Parliament in the Forty-third Year of the Republic of India as follows:
Section 1. Short title and commencement
Section 1 - Short title and commencement(1) This Act may be called the Indo-Tibetan Border Police Force Act, 1992.
(2) It shall come into force on such date1as the Central Government may, by notification, appoint.
Section 2. Definitions
(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 enemity, 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, 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;
(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 arid 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, the Army Act, 1950 or the National Security Guard Act, 1986, shall have the same meanings respectively assigned to them in that Code or those Acts.
(2) In this Act, references to any law not hi force in the State of Jammu and Kashmir shall be construed as references to the corresponding law in force in that State.
Section 3. Persons 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.
Section 4. Constitution of the Force
(1) There shall be an armed force of the Union called the Into-Tibetan Border Police Force for ensuring 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.
Section 5. Control, direction, etc
(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 Director-General, Inspectors-General, Deputy Inspector-General, Additional Deputy Inspector-General, Commandants and other officers as may be appointed by the Central Government.
Section 6. Enrolment
The person to be enrolled to the Force, the mode of enrolment, and the procedure for enrolment shall be such as may be prescribed.
Section 7. Liability for service outside India
Every member of the Force shall be liable to serve in any part of India as well as outside India.
Section 8. Resignation and withdrawal from the post
No member of the Force shall be at liberty,
(a) to resign his appointment during the term of his engagement; or
(b) to withdraw himself from all or any of the duties of his appointment, except with the previous permission in writing of the prescribed authority.
Section 9. Tenure of service under the Act
Every person subject to this Act shall hold office during the pleasure of the President.
Section 10. Termination of service by Central Government
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.
Section 11. Dismissal, removal or reduction by the Director-General and by other officers
(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.
Section 12. Certificate of termination of service
A subordinate officer, or an under-officer or other enrolled person who is retired, discharged, released, removed or dismissed from the service shall be furnished by the officer, to whose command he is subject, with a certificate in Hindi or English language setting forth
(a) the authority terminating his service;
(b) the cause for such termination; and
(c) the full period of his service in the Force.