An Act to provide for the constitution and regulation of an armed Central Reserve Police Force.
whereas it is expedient to provide for the constitution and regulation of an armed Central Reserve Police Force;
It is hereby enacted as follows;--
Section 1. Short title and extent
(1)This Act may be called the Central Reserve Police Force Act, 1949.
(2) It extends to the whole of India, and applies to members of the Force, wherever they may be.
Section 2. Definitions
In this Act, uniess there is anything repugnant in the subject or context,--
(a) "active duty" means the duty to restore and preserve order in any local area in the event of any disturbance therein;
(b) "close arrest" means confinement within the Force or a detachment of the Force or a post quarter-guard building or tent under charge of a guard;
(c) "the Force" means the Central Reserve Police Force;
(d) "member of the Force" means a person who has been appointed to the Force by the Commandant, whether before or after the commencement of this Act, and in sections 1, 3, 6, 7, 16, 17, 18 and 19, includes also a person appointed to the Force by the Central Government whether before or after such commencement;
(e) "open arrest" means confinement within the precincts of any barracks, lines or camp for the time being occupied by any part of the Force;
(f) "prescribed" means prescribed by rules made under this Act;
(g) "subordinate officer" means a member of the Force of the rank of subedar-major, subedar, jemadar or sub-inspector;
(h) the expressions "assault", "criminal force", "fraudulently", "reason to believe" and "voluntarily causing hurt" have the meanings assigend to them respectively in the Indian Penal Code (45 of 1860).
Section 3. Constitution of the Force
(1) There shall continue to be an armed force maintained by the Central Government and called the Central Reserve Police Force.
(2) The Force shall be constituted in such manner, and the members of the Force shall receive such pay, pension and other remuneration, as may be prescribed.
Section 4. Appointment and powers of superior officers
(1) The Central Government may appoint to the Force a Commandant and such other persons as it thinks fit to be assistant commandants and company officers.
(2) The Commandant and every other officer so appointed shall have, and may exercise, such powers and authority as may be provided by or under this Act.
Section 5. Enrolment
Before a person is appointed to be a member of the Force, the statement contained in the recruiting roll set out in the Schedule shall be read out and if necessary, explained to him in the presence of an officer appointed under sub-section (1) of section 4. and shall be signed by such person in acknowledgement of its having been so read out to him:
Provided that any person who has for a period of six months served with the Force, shall, on appointment to the Force thereafter, be deemed to be a member of the Force notwithstanding that the provisions of this section have not been complied with in his case.
Section 6. Resignation and withdrawal from the Force
No member of the force shall be at liberty to--
(a) resign his appointment during the term of his engagement, except before the expiration of the first three months of his service; or
(b) withdraw himself from all or any of the duties of his appointment, without the previous permission in writing of the Commandant or Assistant Commandant or any other officer authorised by the Commandant to grant such permission.
Section 7. General duties of members of the Force
(1) It shall be the duty of every member of the Force promptly to obey and to execute all orders and warrants lawfully issued to him by any competent authority, to detect and bring offenders to justice and to apprehend all persons whom he is legally authorised to apprehend and for whose apprehension sufficient grounds exist.
(2) Every member of the Force shall be liable to serve without and beyond, as well as within the territory of India.
Section 8. Superintendence, control and administration of the Force
(1) The superintendence of, and control over, the Force shall vest in the Central Government; and the Force shall be administered by the Central Government in accordance with the provisions of this Act and of any rules made thereunder, through such officers as the Central Government may from time to time appoint in this behalf.
(2) The headquarters of the Force shall be at such other place as may from time to time be specified by the Central Government,
(3) While on active duty outside its headquarters, the Force shall be subject to the general control and direction of such authority or officer as may be prescribed or as may be specially appointed by the Central Government in this behalf.
Section 9. More heinous offences
Every member of the Force who--
(a) begins, excites, causes or conspires to cause or joins in any mutiny, or, being present at any mutiny, does not use his utmost endeavour to suppress it, or knowing, or having reason to believe in, the existence of any mutiny, or of any intention or conspiracy to mutiny or of any conspiracy against the State does not, without delay, give information thereof to his superior officer; or
(b) uses, or attempts to use, criminal force to, or commits an assault on, his superior officer, whether on or off duty, knowing or having reason to believe him to be such; or
(c) shamefully abandons or delivers up any post or guard which is committed to his charge or which it is his duty to defend; or
(d) directly or indirectly holds correspondence with, or assists or relieves any person in arms against the State or omits to discover immediately to his superior officer any such correspondence coming to his knowledge; or who, while on active duty,--
(e) disobeys the lawful command of his superior officer; or
(f) deserts the Force; or
(g) being a sentry, sleeps upon his post or quits it without being regularly relieved, or without leave; or
(h) leaves his commanding officer, or his post or party, to go in search of plunder; or
(i) quits his guard, picket, party or patrol without being regularly relieved or without leave; or
(j) uses criminal force to, or commits an assault on any person bringing provisions or other necessaries to camp or quarters, or forces a safeguard or breaks into any house or other place for plunder, or plunders, destroys or damages property of any kind; or
(k) intentionally causes or spreads a false alarm in action or in camp, garrison or quarters; or
(l) displays cowardice in the execution of his duty,
shall be punishable with transportation for life for a term of not less than seven years or with imprisonment for a term which may extend to fourteen years or with fine which may extend to three months' pay or with fine to that extent in addition to such sentence of transportation or imprisonment.