THE ASSAM RIFLES ACT, 2006
[Act No. 47 of 2006]
[3rd November, 2006.]
An Act to consolidate and amend the law relating to the governance of the Assam Rifles, an Armed Force of the Union for ensuring the security of the borders of India, to carry out Counter Insurgency Operations in the specified areas and to act in aid of civil authorities for the maintenance of the law and order and for matters connected therewith.
BE it enacted by Parliament in the Fifty-seventh Year of the Republic of India as follows:
Section 1. Short title and commencement
(1) This Act may be called the Assam Rifles Act, 2006.
(2) It shall come into force on 1[dated 20.02.09].
|1. Substituted vide Notification No. S.O. 517(E) dated 02.02.2009 Previous text was. |
"such date as the Central Government may, by notification in the Official Gazette, 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 enemy or an insurgent or a terrorist or any person in arms against the Union, 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 notification in the Official Gazette, as a period of active duty with reference to any area in which or under any provision of this Act or for the purposes of any other law for the time being in force, any person or class of persons subject to this Act may be serving;
(b) "Assam Rifles Court" means a Court referred to in section 86;
(c) "battalion" means a unit of the Force constituted as battalion by the Central Government;
(d) "Chief Law Officer" and "Law Officer" mean, respectively, the Chief Law Officer and a Law Officer of the Force appointed by the Central Government;
(e) "civil offence" means an offence which is triable by a criminal court;
(f) "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;
(g) "Commandant", when used in any provision of this Act with reference to any unit of the Force, means the officer whose duty it is under the rules or regulations or in the absence of such rules or regulations, by custom of the service, to discharge with respect to that unit, the functions of a Commandant in regard to matters of the description referred to in that provision;
(h) "criminal court" means a court of ordinary criminal justice in any part of India;
(i) "deputation" means a period for which the services of a person belonging to any department of the Central Government are placed at the disposal of the Director-General;
(j) "Director-General" and "Additional Director-General" mean, the Director-General and Additional Director-General of the Force appointed under sub-sections (1) and (2) of section 5, respectively;
(k) "enemy" includes all armed mutineers, armed rebels, armed rioters, pirates, terrorists and any person in arms against whom it is the duty of any person subject to this Act to take action;
(l) "enrolled person" means an under-officer or other person enrolled under this Act;
(m) "Force" means the Assam Rifles;
(n) "Force custody" means the arrest or confinement of a member of the Force according to rules and includes any military custody of such member under the Army Act, 1950; (46 of 1950 )
(o) "Inspector-General" and "Deputy Inspector-General" mean, respectively, the Inspector-General and the Deputy Inspector-General of the Force appointed under sub-section (2) of section 5;
(p) "member of the Force" means an officer, a subordinate officer, an under-officer or other enrolled person and includes the persons on deputation;
(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) "regulations" means the regulations made by the Central Government under this Act;
(v) "rule" means a rule made under this Act;
(w) "subordinate officer" means a person appointed or in pay as a Subedar Major, a Subedar or a Naib Subedar of the Force;
(x) "superior officer", when used in relation to a person subject to this Act, means--
(i) any member of the Force or a person on deputation to whose command such person is for the time being subject in accordance with the rules;
(ii) any officer of 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 higher rank, class or grade;
(y) "terrorist" means any person who, with intent to overawe the Government as by law established or to strike terror in the people or any section of the people or to alienate any section of the people or to adversely affect the harmony amongst different sections of the people, does any act or thing by using bombs, dynamite or other explosive substances or inflammable substances or fire-arms or other lethal weapons or poisons or noxious gases or other chemicals or any other substances (whether biological or otherwise) of a hazardous nature in such a manner, as to cause or is likely to cause death of, or injury to, any person or persons, or damage to, or destruction of, property or disruption of any supplies or services essential to the, life of the community;
(z) "under-officer" means a Warrant Officer, Havildar, Naik and Lance Naik of the Force;
(za) "unit" means any--
(i) battalion; or
(II) regiment; or
(iii) training institution; or
(iv) Head Quarters of Deputy Inspector-General; or
(v) Head Quarters of Inspector-General; or
(vi) Head Quarters of Director-General,
of the Force and includes any other formation of the Force specified, by notification, by the Central Government.
(2) ( 45 of 1860 ) Words and expressions used and not defined in this Act but defined in the Indian Penal Code shall have the meanings assigned to them in that Code.
(3) In this Act, reference 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.
Section 3. Persons subject to this act
(1) The following persons (whether on deputation or otherwise employed 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) Members of the Force in existence at the commencement of this Act shall be deemed to have been appointed or, as the case may be, enrolled as such under this Act.
(3) Notwithstanding anything contained in sub-section (1), any person who is employed in the Force on deputation from the regular Army as defined under clause (xxi) of section 3 of the Army Act, 1950 shall not be subject to this Act and shall, during the period of such deputation, be deemed to be subject to the Army Act, 1950 (46 fo 1950 ):
Provided that such person in regard to his duties and discipline shall be deemed to be under the command of the member of the Force under whose command such person for the time being is placed:
Provided further that, in case of such person, for the purposes of his duties and discipline, the expression "active duty" defined in clause (a) of sub-section (1) of section 2 shall be deemed to be the "active service" as defined in clause (i) of section 3 of the Army Act, 1950 ( 46 of 1950 )for taking any action against him under the provisions of the said Army Act.
(4) Any person who is not subject to this Act is posted for any service with the members of the Force or engaged to accompany with or to provide any service in any manner to the members of the Force in such--
(II) line of march;
(iii) frontier post;
(iv) active duty; or
(v) counter insurgency operations,
as may be specified, by notification, by the Central Government in this behalf shall be deemed to be a member of the Force, till he is so posted or engaged in such corresponding rank as may be determined, by notification, by the Central Government for the purposes of this Act.
(5) Every person subject to this Act shall remain so subject until retired, discharged, released, removed or dismissed from the Force in accordance with the provisions of this Act and the rules.
Section 4. Constitution of Force
(1) There shall be an armed force of the Union called the Assam Rifles for ensuring the security of the borders of India, to carry out counter insurgency operations in the specified areas and to act in aid of civil authorities for the maintenance of law and order and the matters connected therewith.
(2) Subject to the provisions of this Act, the Force shall be reconstituted 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 and regulations, 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 Inspectors-General, Commandants and other officers as may be appointed by the Central Government.
Section 6. Enrolment
(1) The persons to be enrolled to the Force, the mode of enrolment and the procedure for enrolment shall be such as may be prescribed by the Central Government.
(2) Notwithstanding anything contained in this Act and the rules and regulations, every person who has, for a continuous period of three months, been in receipt of pay as a person enrolled under this Act and borne on the rolls of the Force shall be deemed to have been duly enrolled.
(3) No person who is not a citizen of India shall, except by the consent of the Central Government signified in writing, be enrolled in the Force.
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 and regulations, the Central Government may dismiss or remove from the service any person subject to this Act.
Section 11. Dismissal, removal or reduction by Direction General and by other officers
(1) The Director-General, Additional Director-General or any Inspector-General may dismiss or remove from service or reduce to a lower grade or rank or the ranks any person subject to this Act other than an officer.
(2) An officer not below the rank of Deputy Inspector-General may dismiss or remove from the service any person under his command other than an officer or a subordinate officer of such rank or the 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 the 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 and regulations.
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 service shall be furnished by the officer, to whose command he is subject, with a certificate in the language which is the mother-tongue of such person and also in Hindi and 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.