Bare Act Search Results

Central Industrial Security Force Act, 1968 Complete Act

State: Central

Year: 1968

..... SECTION 20: CERTAIN ACTS NOT TO APPLY TO MEMBERS OF THE FORCE - Nothing contained inthe Payment of Wages Act, 1936-, orthe Industrial Diusputes Act, 1947-, orthe Factories Act, 1948-, or any corresponding law relating to investigation and settlement of industrial disputes in force in a State shall apply to members of the Force. SECTION 21: PROTECTION OF ACTS OF OFFICERS AND MEMBERS OF THE FORCE - (1) In any suit or proceeding against any51[x x x] member of the Force for any act done by him in the discharge of his duties, it shall be lawful for him to plead that such act was done by him under the orders of a competent authority. (2) Any such plea may be proved by the production of the order directing the act, and if it is so proved, the51[x x x] member of the Force shall thereupon be discharged from any liability in respect of the act so done by him, notwithstanding any defect in the jurisdiction of the authority which issued such order. (3) Notwithstanding anything contained in any other law for the time being in force, any legal proceeding, whether civil or criminal, which may lawfully be brought against any51[x x x] member of the Force for anything done or intended.....

Border Security Force Act, 1968 Complete Act

State: Central

Year: 1968

.....includes all armed mutineers, armed rebels, armed rioters, pirates and any person in arms against whom it is the duty of any person subject to this Act to take action; (k) "enrolled person" means an under-officer or other person enrolled under this Act; (l) "Force" means the Border Security Force; (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) "member of the Force" means an officer, a subordinate officer, an under-officer or other enrolled person; (p) "notification" means a notification published in the Official Gazette; (q) "offence" means any act or omission punishable under this Act and includes a civil offence; (r) "officer" means a person appointed or in pay as an officer of the Force, but does rot include a subordinate officer or an under-officer; (s) "prescribed" means prescribed by rules made under this Act: (t) "rule" means a rule made under this Act; (u) "Security Force Court" means a Court referred to in section 64-; (v) "subordinate officer" means a person appointed or in pay as a Subedar-Major, a Subedar or a.....

Border Security Force Act, 1968 Chapter IV

Title: Punishments

State: Central

Year: 1968

.....in clause (c) of sub-section (1) of section 48, and any one or more of the punishments specified in clauses (e) to (1) (both inclusive) of that sub-section. Section 51 - Retention in the Force of a person convicted on active duty When on active duty any enrolled person has been sentenced by a Security Force Court to dismissal or to imprisonment whether combined with dismissal or not, the prescribed officer may direct that such person may be retained to serve in the ranks, and such service shall be reckoned as part of his term of imprisonment if any. Section 52 - Punishments otherwise than by Security Force Courts Punishments may also be inflicted in respect of offences committed by persons subject to this Act without the intervention of a Security Force Court in the manner stated in sections 53 and 55. Section 53 - Minor punishments Subject to the provisions of section 54, a commandant or such other officer as is, with the consent of Central Government, specified by the Director-General may, in the prescribed manner, proceed against a person subject to this Act, otherwise than as an officer or a subordinate officer, who is charged with an offence under this Act and.....

Border Security Force Act, 1968 Chapter VIII

Title: Confirmation and Revision

State: Central

Year: 1968

.....have been validly made by the Security Force Court on the charge and unless it appears that the Security Force Court must have been satisfied of the facts establishing the said offence. (2) Where a sentence passed by a Security Force Court which has been confirmed, or which does not require confirmation, not being a sentence passed in pursuance of a new finding substituted under sub-section (1), is found for any reason to be invalid, the authority referred to in sub-section (1) may pass a valid sentence. (3) The punishment awarded by a sentence passed under sub-section (1) or sub-section (2) shall not be higher in the scale of punishments than, or in excess of, the punishment awarded by, the sentence for which a new sentence is substituted under this section. (4) Any finding substituted, or any sentence passed, under this section shall, for the purposes of this Act and the rules, have effect as if it were a finding or sentence, as the case may be, of a Security Force Court. Section 117 - Remedy against order, finding or sentence of Security Force Court (1) Any person subject to this Act who considers himself aggrieved by any order passed by any Security Force Court may.....

Border Security Force Act, 1968 Section 48

Title: Punishments Awardable by Security Force Courts

State: Central

Year: 1968

.....forfeiture of all or any part of the service for the purpose of promotion; (g) forfeiture of service for the purpose of increased pay, pension or any other prescribed purpose; (h) fine, in respect of civil offences; (i) severe reprimand or reprimand except in the case of persons below the rank of an under-officer; (j) forfeiture of pay and allowances for a period not exceeding three months for an offence committed on active duty; (k) forfeiture in the case of person sentenced to dismissal from the service of all arrears of pay and allowances and other public money due to him at the time of such dismissal; (l) stoppage of pay and allowances until and proved loss or damage occasioned by the offence for which he is convicted is made good. (2) Each of the punishments specified in sub-section (1) shall be deemed to be inferior in degree to every punishment preceding it in the above scale.

Border Security Force Act, 1968 Section 114

Title: Finding and Sentence of a Summary Security Force Court

State: Central

Year: 1968

(1) Save as otherwise provided in sub-section (2), the finding and sentence of a Summary Security Force Court shall not require to be confirmed, but may be carried out forthwith. (2) If the officer holding the trial is of the rank of Superintendent of Police or of a rank declared under clause (a) of sub-section (5) of section 74 as equivalent thereto or of a lower rank has held such rank for less than five years, he shall not, except on active duty, carry into effect any sentence, until it has received the approval of an officer not below the rank of Deputy Inspector-General.

Border Security Force Act, 1968 Chapter X

Title: Miscellaneous

State: Central

Year: 1968

.....against any member of the Force for anything done or intended to be done under the powers conferred by, or in pursuance of any provision of this Act or the rules, shall be commenced within three months after the act complained of was committed and not otherwise and notice in writing of such proceeding and of the cause thereof shall be given to the defendant or his superior officer at least one month before the commencement of such proceeding. Section 141 - Power to make rules (1) The Central Government may, by notification, make rules for the purpose of carrying into effect the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for,-- (a) the constitution, governance, command and discipline of the Force; (b) the enrolment of persons to the Force and the recruitment of other members of the Force; (c) the conditions of service (including deduction from pay and allowances) of members of the Force; (d) the rank, precedence, powers of command and authority of the officers, subordinate officers, under-officers and other persons subject to this Act; (e) the removal, retirement, release or.....

Border Security Force Act, 1968 Section 139

Title: Powers and Duties Conferable and Imposable on Members of the Force

State: Central

Year: 1968

.....for a total period of thirty days which may be comprised in one session or1[in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid] both Houses agreed in making any modification in the order or both Houses agree that the order should not be made, the order shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that order. _______________________ 1. Substituted by Act 4 of 1986, section 2 and Schedule (w.e.f. 15-5-1986).

Border Security Force Act, 1968 Chapter II

Title: Constitution of the Force and Conditions of Service of the Members of the Force

State: Central

Year: 1968

..... 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 or any Inspector-General may dismiss or remove from the 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 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 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 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.....

Border Security Force Act, 1968 Section 11

Title: Dismissal, Removal or Reduction by the Director-general and by Other Officers

State: Central

Year: 1968

(1) The Director-General or any Inspector-General may dismiss or remove from the 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 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 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 rules.