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TypeBare Act JurisdictionCentral Government

Assam Rifles Act, 1941 Section 13

CESSER OF ASSAM ACT 1 OF 1920 AND OF APPOINTMENT OF RIFLEMEN AS POLICE OFFICERS. -The Assam Rifles Act, 1920, shall

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Assam Rifles Act, 1941 Section 13 is part of Assam Rifles Act, 1941 - CESSER OF ASSAM ACT 1 OF 1920 AND OF APPOINTMENT OF RIFLEMEN AS POLICE OFFICERS. -The Assam Rifles Act, 1920, shall. Read the section text below and explore Indian court judgments that cite it.

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Section Text

4)-and4(2)-.] I. After you have served for four years in the first instance in the Assam Rifles you have the option of extending the term of your service in the Assam Rifles indefinitely, so long as the Commandant is satisfied with your services, or of claiming your discharge at any time, making your application through the officer to whom you may be subordinate to a Commandant of the Assam Rifles or to the Magistrate of the District in which you may be serving; and you will be granted your discharge after two months from the date of your application, unless you are on active service or unless your discharge would cause the vacancies in the Assam Rifles to exceed one-tenth of the sanctioned strength. In either of the above cases you must continue to serve in the Assam Rifles until the objection is waived by competent authority or removed. 2. On your enlistment, appointment or training as a musician (piper, drummer, or bandsman), bugler, signaller, writer, soldier, clerk, havildar-compounder or as an artificer (armourer, mochi, carpenter, stone-mason, or motor driver)[or as a hospital attendant, cook, water-carrier, cart-man, range-warder, barber, washerman or sweeper] you must, in spite of the provisions of paragraph I above, serve in the Assam Rifles for eight years from the date of your enlistment or the completion of your training, as the case may be.3. On your deputation for a specialist course at an Army Training Centre you must sign an undertaking, before leaving the battalion to proceed on the course, that you will not, in spite of the provisions of paragraph I above, apply for discharge during the four years following your attendance at the Army Training Course. 4. On your deputation to the Educational or Veterinary Course you must sign an undertaking, before leaving the battalion to proceed on the Course, that you will not, in spite of the provisions of paragraph I above, apply for discharge during the eight years following your attendance at the Course. 5. In the event of your reenlistment after you have been discharged, you will have no claim to reckon for pension or any other purpose your service previous to your discharge. Signature of rifleman in acknowledgment of the above having been read ................to him. A. B. Signed in my presence after I had ascertained that A, B, understood .................the purport of what he signed. C. D. Magistrate, Commandant or Assistant Commandant. ASSAM RIFLES RULES, 1985 G.S.R. 806 (E), dated 17th October, 1985 .- In exercise of the powers conferred by Sec. 3and12 of the Assam Rifles Act, 1941 (5 of 1941), the Central Government hereby makes the following rules, namely: RULE 01: SHORT TITLE AND COMMENCEMENT -

(1) These rules may be called the Assam Rifles Rules, 1985.

(2) They shall come into force on the date of their publication in the Official Gazette. RULE 02: DEFINITIONS - In these rules unless the context otherwise requires, (a) "Act" means the Assam Rifles Act, 1941 (5 of 1941);

(b) "Appendix" means an appendix annexed to these rules;

(c) "Battalion" means a unit of the Force constituted as a battalion by the Central Government;

(d) "Detachment" means any pan of the battalion or Force required or ordered to proceed on duty away from the Headquarters;

(e) "Director General" means the Director General of the Force appointed by the Central Government:

(f) "Force" means the Assam Rifles;

(g) "Section" means a section of the Act. RULE 03: GENERAL SUPERINTENDENCE AND CONTROL - The general superintendence and control of the Force shall be exercised by the Director General and such number of Inspectors General, Deputy Inspectors General and other officers as maybe appointed by the Central Government in this behalf. RULE 04: POWERS OF THE CENTRAL GOVERNMENT AND CERTAIN OFFICERS _of the Force -(1) In all cases not specifically provided for in these roles, orders and instructions issued from time to time by the Central Government or the Director General or any officer subordinate to the Director General, shall regulate the working of the Force.

(2) The Inspector General shall exercise the powers of supervision and control over the Zonal Headquarters, Range Headquarters, Battalions and Units as may be placed under his charge from time to time.

(3) The Deputy Inspector General shall exercise the powers of supervision and control over his Range Headquarters, Battalions and Units as may be placed under his charge from time to time.

(4) The Commandant shall be responsible for the operation, traning, discipline and general administration of his Battallion or Unit. (a)Published in the Gwtif of India. ExtraenUMry, Pt. a.Sec. 3-(0, died 17th October, 1985 (b) Headquarters Inspector General (Zonal) Assam Rifles;

(c) Headquarters Deputy Inspector General (Range) Assam Rifles;

(d) Battalions;

(e) Training Centre;

(f) Units. RULE 06: CLASSIFICATION -

(1) Classification of officers of the Force shall be as follows:

(a) Director General;

(b) Deputy Director General or Inspector General;

(c) Director or Deputy Inspector General;

(d) Deputy Director:

(e) Assistant Director or Commandant;

(f) Joint Assistant Director or Deputy Commandant:

(g) Deputy Assistant Director or Assistant Commandant.

(2) The classification of ranks other than officers mentioned in sub-rule (1) shall be as specified in the Table below sub-section (1) ofSec. 5-.

(3) The classification of the civilian staff of the Force shall be same as specified in theCentral Civil Services (Classification, Control and Appeal) Rules, 1965. RULE 07: PARTICULARS OF SERVICES, ETC. TO BE PERFORMED - The Central Government may direct the Force to perform such services and discharge such duties as may be assigned to it from time to time. RULE 08: COMMAND -

(1) An officer as mentioned in sub-rule (1) ofrule 6-and anointed to command any of the Headquarters, Battalions or Units or a detachment shall have the power of command over all officers and ranks, irrespective of seniority, placed under his command.

(2) (a) In the contingency of an officer being unable to exercise the command, to which he has been appointed, due to any reason, the command shall devolve on the second-in-command, if one has been so appointed.

(b) If no second-in-command has been appointed, it shall devolve on the officer who may be nominated to officiate by the next senior officer in command.

(c) If no such officer has been so nominated, command shall devolve on the next senior officer present.

(d) The inability of an officer to exercise command and its assumption by any officer in accordance with this sub-rule shall be immediately reported to the Director General by the officer who has assumed command.

(3) Where a rifleman is doing detachment duty including attendance at a course of instruction, the Commandant of the battalion, unit or Training Centre with which the rifleman is doing such duty, shall also have all the disciplinary powers of a Commandant over such rifleman.

(4) The Director General, may authorise an officer who shall exercise the disciplinary powers of a Commandant in respect of a rifleman belonging to or doing detachment duty at their respective Headquarters. RULE 09: DISQUALIFICATION - No person, -

(a) who has entered into or contracted a marriage with a person having a spouse living, or (b) who having a spouse living, has entered or contracted a marriage with any person shall be eligible for appointment in the Force :

Provided that the Central Government may, if satisfied that such marriage is permissible under the personal law applicable to such person and the other party to the marriage and that there are other grounds for so doing exempt any person from the operation of the rule. RULE 10: INELIGIBILITY OF ALIENS - Any person who is not a citizen of India shall, except with the consent of the Central Government signified in writing, be appointed in the Force:

Provided that nothing contained in this rule shall bar the appointment of a subject of Nepal and Bhutan in the Force. RULE 11: ENROLLING OFFICERS - For the purpose of appointment of rifleman to the Force underSec. 4-, the Commandant or any other officer nominated by the Director General, shall be an enrolling officer. RULE 12: PROCEDURE FOR ENROLMENT AS A RIFLEMAN -

(1) Upon the appearance before the enrolling officer of any person desirous of being enrolling himself as a rifleman, the enrolling officer shall read and explain to him, or cause to be read and explained to him, in his presence, the particulars of the columns as contained in the Recruiting Form set out in Appendix I and shall put to him to the questions contained in Part I of Appendix I and shall, after having cautioned him that if he makes a false answer to any such question he shall be liable to punishment under the Act, record or cause to be recorded his answer to each question.

(2) No person shall be enrolled as a trainee, unless he obtains a health certificate as prescribed in Part II of Appendix I signed by the Medical Officer nominated by the Director General.

(3) If, after complying with the provisions of sub-rule (1) and such other directions as may be issued in this behalf by the Director General from time to time, the enrolling officer is satisfied that the person desirous of being enrolled, fully understands the questions put to him and consents to the conditions of service, the said officer shall sign and shall also cause such person to sign the enrolment paper and such person shall thereupon be deemed to be enrolled for training.

(4) The character and antecedents of a person enrolled under sub-rule (2) as a trainee, shall be verified in accordance with the procedure prescribed by the Central Government from time to time before he is submitted to attestation.

(5) The trainee shall draw fixed pay and allowances during the period of training or till his appointment as a rifleman in accordance with the provisions ofrule 14- RULE 13: ATTESTATION ON OATH OR AFFIRMATION. - The oath or attestation shall be administered by the Commandant or such other officer as may be authorised by the Director General in this behalf to the trainees on completion of their training and the officer administering the oath or affirmation shall attest that he had done so by signing an attestation certificate as set out in Part III of Appendix I, which shall be attached to their sheet-roll. RULE 14: SIGNING OF STATEMENT IN THE SCHEDULE TO THE ACT - Every trainee having completed the period of training prescribed from time to time and after verification of his character and antecedents as laid down in sub-rule (3) ofrule 12-shall sign the statement in the Schedule annexed to the Act in accordance with the provisions of sub- section (2) ofSec. 4-before his appointment as a rifleman. RULE 15: DISCHARGE - Subject to the provisions contained in the statement of Schedule annexed to the Act, a rifleman may claim his discharge from the Force by applying to his Commandant through proper channel.

Provided that a rifleman shall not be entitled to claim his discharge;

(a) if any disciplinary proceedings are pending or contemplated against him; or (b) owing 10 the exigencies of service. RULE 16: DISCHARGE CERTIFICATE - A rifleman discharged under sub-section (3) ofSec. 4-shall be issued with a discharge certificate as set out in Appendix II. RULE 17: OTHER CONDITIONS OF SERVICE - The conditions of service of rifleman in respect of matters for which no provision is made in these rules shall be the same as are for the time being applicable to other employees of the Central Government of corresponding grade. RULE 18: TRANSITORY PROVISIONS - Any rule or order applicable to the Force on the date these rules come into force shall unless repugnant to these rules, continue to apply unless and until abrogated or modified by the Central Government. RULE 19: REPEAL AND SAVING -

(1) All rules and orders relating to the matters covered by these rules shall stand repealed in so far as they are inconsistent with any of the provisions of these rules.

(2) Notwithstanding such repeal anything done or any action taken under the provisions of the rules or orders so repealed shall, in so far as such thing or action is not inconsistent with the provisions of these rules, be deemed to have been done or taker under the provisions of these rules as if the said provisions were in force when such thing was done or such action was taken and shall continue in force accordingly until superseded by anything done or any action taken under these rules. APPENDIX 01: ASSAM RIFLES RECRUITING FORM [Seerule 12-] General No...............................................Blood Group....................................... Battalion............................................ 1. Name............................................. 2. Religion.......... 3. Caste/Tribe.....................................4. Father's name (in case of Scheduled Castes and Scheduled Tribes only) 5. Colour of hair..................................................... 6. Date of Birth by Christian Era............................... (As nearly as can be ascertained). 7. Height......................................Cms. 8. Chest...... 9. Identification Marks.............................................. 10. Residence, Village................................Thana........ 11. Character and antecedents....................................... Verifed by: 12. Occupation prior to enlistment............................... 13. Educational qualifications, if any........................... 14. Date of enrolment................................................. 15. Enrolled as............................................................ Photograph Date of Photograph............... FORM OF ENROLMENT Enrolment of No... Name (In block letters) as a in the Assam Rifles. PART 1 (Questions to be put before enrolment) You are warned that if after enrolment, it is found that you have given a wilfully false answer to any of the first twelve of the following questions you will be liable to be punished under Cl.

(t) ofSec. 7 of the Assam Rifles Act, 1941-. (ALL THE ANSWERS ARE TO BE WRITTEN IN BLOCK LETTERS) 1. What is your name ? (underline Surname) 2.

(a) What is your place of birth ? State Village/Town, District and State of Birth.

(b) What is your date of birth ? (State in Christian Era) (N.B.-To support the date of birth the person being enrolled will be required to produce in original, together with an attested copy, one of the certificates specified in Government orders from time to time). 3. What is your permanent Home Address? (a) Village/Town (b) Thana (c) Pargana/Tehsil (d) District/Taluka (e) State. 4.

(a) What is your religion? (b) Are you a member of a Scheduled Caste or Scheduled Tribe ? If so State Caste or Tribe ? 5.

(a) Are you a citizen of India ? If so, whether by birth or descent or registration or naturalisation or otherwise ? (b) Are you a subject of NEPAL or BHUTAN? (c) If you are not a citizen of India or a subject of NEPAL or BHUTAN, what is your Nationality ? (N.B.-In case of foreign nationals other than subjects of NEPAL or BHUTAN, consent of the Central Government signified in writing, if any, should be produced before a person is enrolled). 6. What are your educational qualifications ? (original certificates, with one attested copy of each, are to be produced). 7. Are you married ?* If so, state (i) Date of mamage(s). (ii") Name of wife/wives.

(iii) Nationality of wife/wives. *(this does not include widower/divorcee). 8.

(a) What is your father's name and address? If dead, state last address, District and State ? (b) What is or was the nationality of your father ? If he is or was an Indian Citizen, state whether by birth, descent, registration, naturalisation or otherwise. 9. Are you or have ever been a member of a party or organisation of a political, communal or cultural nature ? If so, state the name of the party or organisation with the period/periods of your membership therein. 10.

(a) Are you in Government Service or have you been a Government Servant ? If so, state full particulars and the reason for discharge and confirm that you were never dismissed from any Government service.

(b) Are you in receipt of any pension or allowance from the Government ? If so, on what account ? 11.

(a) Do you now belong to any of the Armed Forces o" India, the Reserves of any of the three Services, the Auxiliary Air Force, the Territorial Army or any Police Force in India or the Nepal State Army or Bhutan State Army or any of the Forces of a Foreign Country ? (b) Have you ever served in any of the Armed Forces in India; the Reserves of any of the three Services, the Auxiliary Air Force , the Territorial Army or any Police Force in India or Nepal State Army or Bhutan State Army or any of the Forces of a Foreign Country ? If so, state the Force and the cause of discharge. If you have served in more than one of the above named forces, or if you have served the same Force in two or more distinct periods state the cause of discharge separately in each case.

(c) Do you desire former service in the Indian Armed Forces or any Police Force to count for the purpose of calculation of pay and/or pension, if admissible ? If so, do you agree to recovery being effected of any gratuity you may have received for your former services in not more than thirty-six monthly instalments from your pay commencing from the date of this enrolment and undertake to refund to the Government through such recoveries or otherwise the above gratuity in full within thirty-six months of date of your present enrolment ? 12. Have you ever been arrested, prosecuted, convicted, imprisoned, bound over, interned, extemed or otherwise dealt with under any law in force in India or outside ? If so, state particulars. 13. Are you willing to be inoculated or re- inoculated and vaccinated or re-vaccinated ? 14. Are you willing to be enrolled as a combatant in the Assam Rifles ? 15. Are you willing to go wherever ordered by land, sea or air and not to allow any caste or social usages to interfere with the duties for which you are enrolled ? 16. Are you willing to serve in the Assam Rifles until discharged, in accordance with the conditions of service as specified in statement to Schedule annexed to the Assam Rifles Act, 1941

provided that the President of the Union of India shall so long require your services ? 17. Do you have any objections to take the following oath or to make the following affirmation at the time of your attestation ? FORM OF OATH I, ..................................................................... do swear in the name of the God that I will bear true faith and allegiance to the Constitution of India as by law established and that I will, as in duty bound, honestly and faithfully serve in the Assam Rifles and go wherever ordered, by air, land or sea and that I will observe and obey all commands of the President of the Union of India and the commands of any officer set over me even to the peril of my life. FORM OF AFFIRMATION I, ...................................................................... do solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established and that I will, as in duty bound, honestly and faithfully serve in the Assam Rifles and go wherever ordered by air, land or sea and that I will observe and obey all commands of the President of the Union of India and the commands of any officer set over me even to the peril of my life. CERTIFICATE I, ........................................................................ do solemnly declare that the answers furnished by me above are true. Place : Date : (Signature of person enrolled)* Left thumb impression of the person enrolled taken in the presence of the enrolling officer. .............Signature .............Name - of witness .............Address .............*(Name in block letters) Part 2 HEALTH CERTIFICATE I do hereby certify that I have examined ............................................................ candidate for employment in the Assam Rifles. He fulfills medical standards laid down for the Assam Rifles and I cannot discover that he has any disease, constitutional affliction or bodily infirmity. His age according to his own statement is ...................... years and by appearance.................. years. Height................. cms. Chest (a) Maximum ........................... Cms.

(b) Minimum ........................... Cms. Place ................................ Date ................................. Signature of the Medical Officer Designation. Part III ATTESTATION (Seerule 13-) FORM OF OATH/AFFIRMATION I, ...................................................................... do swear in the name of God solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established and that I will, as in duty bound, honestly and faithfully serve in the Assam Rifles, and go wherever ordered by air, land or sea and that, I will observe and obey all commands of the President of Union of India and commands of any officer set over me even to the peril of my life. Signature of person attested. Certified that the above named person took the oath/affirmation before me .............................. this ........................................... day of ............................ Signature of the attesting officer. Part IV THE SCHEDULE (See Sees. 2(4), 4(2) andrule 14-) 1. After you have served for four years in the first instance in the Assam Rifles you have the option of extending the term of your service in the Assam Riles indefinitely, so long as the commandant is satisfied with your services, or of claiming your discharge at any time, making your application through the officer to whom you may be subordinate, to Commandant of the Assam Rifles or to Lie Magistrate of the District in which you may be serving, and you will be granted your discharge after two months from the date of your application, unless you are on active service or unless your discharge would cause the vacancies in the Assam Rifles to exceed one tenth of the sanctioned strength. In either of the above cases you must continue to serve in Assam Rifles until the objection is waived by competent authority or removed. 2. On your enlistment, appointment or training as a musician (piper, drummer or bandsman), bugler, signaller, writer, soldier-clerk, havildar, compounder or as an artificer (armourer, mochi, carpenter, stone mason, or motor driver) or as a hospital attendant, cook, water carrier, cartmen, range warder, barber, washerman or sweeper, you must, inspite of the provisions of paragraph I above, serve in the Assam Rifles for eight years from the date of your enlistment or the completion of your training, as the case may be. 3. On your deputation for a specialist course at an Army Training Centre you must sign an undertaking, before leaving the battalion to proceed on the course, that you will not, in spite of the provisions of paragraph I above apply for discharge during the four years following your attendance at the Army Training Course. 4. On your deputation to the Educational or Veterinary Course you must sign an undertaking, before leaving the battalion to proceed on the course, that you will not inspite of the provisions of paragraph I above, apply for discharge during the eight years following your attendance at the course. 5. In the event of your reenlistment after you have been discharged, you will have no claim to reckon for pension or any other purpose your service previous to you discharge. Signature of rifleman in acknowledgement I-A.B. of the above having been read to him. Signed in my presence after I had asscertained that _ C. A..B. understood the purport of what he signed. Magistrate Commandant Assistant Commandar APPENDIX 02: DISCHARGE CERTIFICATE Great care must be taken of this Certificate. If lost no duplicate can be supplied) 1. Serial No. ............................................................ 2. No. ............... Rank ............. Name ............................................................ 3. Full Home Address ........................................................... 4. Particulars of Identifications (a) Age ............................................................

(ft) Height ............................................................

(c) Particulars of disability, if any ............................................................

(d) Left hand thumb impression ............................................................ 5. Educational qualifications at the time of discharge:

(a) Civil ............................................................

(ft) Military ............................................................

(c) Assam Rifles ............................................................ 6. Particulars of service:

(a) Date of enrolment in Assam Rifles ............................................................

(ft) Date of discharge ............................................................

(c) Previous service, if any ............................................................ 7. Grounds of discharge ............................................................ 8. Medals, decorations ............................................................ 9. Particulars of war service ............................................................ 10. Settlement of dues on discharge ............................................................ 11. Pension .......................................................... 12. Gratuity ............................................................ 13. Character on discharge ............................................................ 14. Recommendations for reemployment ........................................................... 15. Any special qualification for civil employment ............................................................ Signature of Commandant Name ............................................................ Rank ............................................................ Unit ............................................................ Place ............................................................ Date ............................................................ 1. Substituted for the words "the whole of Assam" by the Assam Rifles (Amendment) Act, 1962 (30 of 1962), S. 1 (11-9-1962). 2. Substitated by N.E.A. (Reorganisation) A.L.O. 1974(21-1-1972). 3. Added by the Assam Rifles (Amendment) Act, 1951 (34 of 1951), Section 2 (17-5-1951). 9. Section 12 renumbered as sub-section (1), and after sub-section (1) so renumbered, sub-section (2) inserted by the Delegated Legislation Provisions (Amendment) Act (4 of.l986), S. 2, Sch. (15-5-1986). 10. Inserted, by the Delegated Legislation Provisions (Amendment) Act (4 of.l986). 11. For Assam Rifle Rules, 1985 - See Gaz. of lad., 17-10-1985, Pt. II, S. 3(i), Ext" p. 7 (No. 467). Central Bare Acts

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What does Assam Rifles Act, 1941 Section 13 provide?

Section Section 13 of the Assam Rifles Act, 1941 (CESSER OF ASSAM ACT 1 OF 1920 AND OF APPOINTMENT OF RIFLEMEN AS POLICE OFFICERS. -The Assam Rifles Act, 1920, shall) is reproduced on this page as part of the Assam Rifles Act, 1941. Lawyers and researchers use it to read the statutory wording before checking how courts have applied this section in reported judgments.

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