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Start Free TrialNational Security Guard Act 1986 Chapter VI
Title: Security Guard Courts
State: Central
Year: 1986
.....in this behalf by warrant of any such officer. Section 64 - Contents of warrants issued under sections 62 and 63 A warrant, issued under section 62 or section 63 may contain such restrictions, reservations or conditions as the officer issuing it may think fit. Section 65 - Composition of General Security Guard Court A General Security Guard Court shall consist of not less than five officers. Section 66 - Composition of a Petty Security Guard Court A Petty Security Guard Court shall consist of not less than three officers. Section 67 - Summary Security Guard Court (1) A Summary Security Guard Court may be held by the Commander of any unit of the Security Guard and he alone shall constitute the Court. (2) The proceedings shall be attended throughout by two other persons who shall be Officers or Assistant Commanders or one of either, arid who shall not as such, be sworn or affirmed: Provided that the persons attending the Court for the trial of an officer shall not be of a rank lower than the rank of that officer unless in the opinion of the convening officer recorded in the convening order, officers of such rank are not, having due regard to the.....
View Complete Act List Judgments citing this sectionNational Security Guard Act 1986 Chapter VII
Title: Procedure of Security Guard Courts
State: Central
Year: 1986
.....them and of the group, unit or branch of the Security Guard to which they belong, (3) Where a record is made in any unit book in pursuance of this Act or of any rules or otherwise in the discharge of official duties, and purports to be signed by the Commander or by the officer whose duty it is to make such record, such record shall be evidence of the facts therein stated. (4) A copy of any record in any unit book purporting to be certified to be a true copy by the officer having custody of such book shall be evidence of such record. (5) Where any person subject to this Act is being tried on a charge of desertion or of absence without leave, and such person has surrendered himself into the custody of any officer or other person subject to this Act, or any unit of the Security Guard, or has been apprehended by such officer or person, a certificate purporting to be signed by such officer, or by the Commander of the unit to which such person belongs, as the case may be, and stating the fact, date and place of such surrender or apprehension, and the manner in which he was dressed, shall be evidence of the matters so stated. (6) Where any person subject to this Act is being.....
View Complete Act List Judgments citing this sectionCoast Guard Act, 1978 Chapter VIII
Title: Procedure of Coast Guard Courts
State: Central
Year: 1978
.....the nature of an oath or affirmation. _________________________ 1. Substituted for the words "Every Officer" by the Repealing and Amending Act (19 of 1988), Section 3, Under Schedule (31-3-1988). Section 76 - Voting by members (1) Subject to the provisions of sub-sections (2) and (3), every decision of a Coast Guard Court shall be passed by an absolute majority of votes; and where there is an equality of votes on either the finding or the sentence, the decision shall be in favour of the accused. (2) No sentence of death shall be passed by a Coast Guard Court without the concurrence of at least two-third of the members of the Court. (3) In matters other than a challenge or the finding or sentence, the presiding officer shall have a casting vote. Section 77 - General rule as to evidence The Indian Evidence Act, 1872, shall subject to the provisions of this Act, apply to all proceedings before a Coast Guard Court. Section 78 - Judicial notice A Coast Guard Court may take judicial notice of any matter within the general knowledge of the members as officers of the Coast Guard. Section 79 - Summoning of witnesses (1) The convening authority, the presiding.....
View Complete Act List Judgments citing this sectionNational Security Guard Act 1986 Complete Act
Title: National Security Guard Act 1986
State: Central
Year: 1986
.....etc. Section6 - Liability for service outside India Section7 - Resignation and withdrawal from the post Section8 - Tenure of service under the Act Section9 - Termination of service by Central Government Section10 - Dismissal, removal or reduction by the Director-General and by other officers Section11 - Certificate of termination of service Section12 - Restrictions respecting right to form association, freedom of speech, etc. Section13 - Remedy of aggrieved persons other than officers Section14 - Remedy of aggrieved officers Chapter III Section15 - Offences in relation to the terrorists and other persons in arms against the Union and punishable with death Section16 - Offence punishable more severely on active duty than at other times Section17 - Mutiny Section18 - Desertion and aiding desertion Section19 - Absence without leave Section20 - Striking or threatening superior officer Section21 - Disobedience to superior officer Section22 - Assault and obstruction Section23 - Certain forms of disgraceful conduct Section24 - Ill-treating a subordinate Section25 - Drunkenness Section26 - Permitting escape of person in custody Section27 - Irregularity in.....
List Judgments citing this sectionCoast Guard Act, 1978 Chapter VII
Title: Coast Guard Court
State: Central
Year: 1978
.....Court or has been dealt with under section 57, he shall not be liable to be tried again by a criminal court for the same offence or on the same facts. Section 69 - Application of Act during term of sentence (1) When a person subject to this Act is sentenced by a Coast Guard Court to imprisonment, this Act shall apply to him during the term of his sentence, though he is dismissed from the Coast Guard, or has otherwise ceased to be subject to this Act, and he may be kept, removed, imprisoned and punished as if he continued to be subject to this Act. (2) When a person subject to this Act is sentenced by a Coast Guard Court to death, this Act shall apply to him till the sentence is carried out. Section 70 - Place of trial A Coast Guard Court may be held on shore or afloat. Section 71 - Choice between criminal court and Coast Guard Court When a criminal court and a Coast Guard Court have each jurisdiction in respect of an offence, it shall be in the discretion of the Director-General or the Inspector-General or the Deputy Inspector-General within whose command the accused person is serving or such other officer as may be prescribed, to decide before which court the.....
View Complete Act List Judgments citing this sectionCoast Guard Act, 1978 Chapter II
Title: Constitution of the Coast Guard and Conditions of Service of the Members of the Coast Guard
State: Central
Year: 1978
.....and control of the Coast Guard shall vest in, and be exercised by, the Central Government and subject thereto, and to the provision of this Act and the rules, the command and supervision of the Coast Guard shall vest in an officer to be appointed by the Central Government as the Director-General of the Coast Guard. (2) The Director-General shall, in the discharge of his duties under this Act, be assisted by such number of Inspector-General, Deputy Inspector-General, Commandant and such other officers as may be appointed by the Central Government. Section 6 - Enrolment (1) The persons to be enrolled to the Coast Guard, the mode of enrolment and the procedure for enrolment shall be such as may be prescribed. (2) Notwithstanding anything contained in this Act and the rules, 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 Coast Guard shall be deemed to have been duly enrolled. Section 7 - Liability for service outside India Every member of the Coast Guard shall be liable to serve in any part of India as well as outside India. Section 8 - Oath of allegiance .....
View Complete Act List Judgments citing this sectionCoast Guard Act, 1978 Complete Act
Title: Coast Guard Act, 1978
State: Central
Year: 1978
.....service outside India Section8 - Oath of allegiance Section9 - Resignation and withdrawal from the post Section10 - Tenure of service under the Act Section11 - Dismissal or removal by Central Government and by other officers Section12 - Certificate of termination of service Section13 - Restrictions respecting right to form association, freedom of speech, etc. Chapter III Section14 - Duties and functions of Coast Guard Chapter IV Section15 - Correspondence, etc., with offenders Section16 - Deserting post and neglect of duty Section17 - Mutiny Section18 - Persons on board ship or aircraft seducing Coast Guard personnel from allegiance Section19 - Striking or threatening superior officers Section20 - Disobedience to superior officer Section21 - Ill-treating subordinates Section22 - Quarrelling, fighting and disorderly behaviour Section23 - Certain forms of disgraceful conduct Section24 - Drunkenness Section25 - Desertion and aiding desertion Section26 - Breaking out of ship and absence without leave Section27 - Losing ship or aircraft Section28 - Dangerous unauthorised flying Section29 - Inaccurate certificate Section30 - Low flying and annoyance by flying .....
List Judgments citing this sectionNational Security Guard Act 1986 Chapter II
Title: Constitution of the Security Guard and Conditions of Service of the Members of the Security Guard
State: Central
Year: 1986
..... Subject to the provisions of this Act and the rules, the Central Government may dismiss or remove from service any person subject to this Act. Section 10 - Dismissal, removal or reduction by the Director-General and by other officers (1) The Director-General, any 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 a Deputy Inspector-General or any prescribed officer may dismiss or remove from the service any person under his command other than an officer or an Assistant Commander. (3) Any such officer as is mentioned in sub-section (2) may reduce to it lower grade or rank or the ranks any person under his command except an officer or an Assistant Commander. (4) The exercise of any power under this Section shall be subject to the provisions of this Act and the rules. Section 11 - Certificate of termination of service An Assistant Commander or a Ranger or a combatised tradesman who is retired, released, discharged, removed or dismissed from the service shall be furnished by the.....
View Complete Act List Judgments citing this sectionHome Guards Act, 1962 (35 of 1962) Section 5A
Title: Obligation of Employer to Permit Home Guards to Join Duty
State: Karnataka
Year: 1962
.....or suspend any employee or take any other action which may prejudice such employee only by reason of his being a member of the Home Guards. (3) Whoever contravenes the provisions of subsection (1) or (2) shall be punished with fine which may extend to one thousand rupees. (4) Nothing in this section shall apply to an employer unless he had been informed by the employee of his being, or by the concerned Commandant of such employee being, a Home Guard at the time of applying for employment under such employer or at the time of enrolment as a member of the Home Guards while being such employee.] ________________________ 1. Section 5A inserted by Act 11 of 1977 (w.e.f. 28.1.1977).
View Complete Act List Judgments citing this sectionCoast Guard Act, 1978 Amending Act 1
Title: Coast Guard (Amendment) Act, 2002
State: Central
Year: 1978
.....it was issued or made, and the day on which it was withdrawn shall be excluded.". 5. Amendment of section 52 In section 52 of the principal Act, in sub-section (2), for the words "within six months after he has ceased to be subject of this Act", the following shall be substituted, namely:-- "within a period of two years after he has ceased to be subject to this Act; and in computing such period, the time during which such person has avoided arrest by absconding or concealing himself or where a proceeding in respect of an offence has been stayed by an injunction or order, the period of the continuance of the injunction or order, the day on which it was issued or made and the day on which it was withdrawn, shall be excluded". 6. Amendment of section 56 In section 56 of the principal Act, after the words and figures "manner stated in section 57", the words, figures and letter "or section 57A" shall be inserted. 7. Insertion of new section 57A After section 57 of the principal Act, the following section shall be inserted, namely:-- 57A. Punishment for officers below the rank of commandant:-(1) The Director-General or an officer not below the rank of Deputy.....
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