Title : Preliminary
State : Central
Year : 2007
(1) This Act may be called the Sashastra Seema Bal Act, 2007. (2) It shall come into force on 1[1st August, 2009] as the Central Government may, by notification, in the Official Gazette, appoint. _________________________ 1. Effective date of Implementation Sashastra Seema Bal Act, 2007 on 1st August, 2009 vide Notification No. SO1871(E) Dated 31.07.2009. 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 any enemy, or (ii) which is operating at a picket or engaged on patrol or other..... View Complete Act List Judgments citing this sectionTitle : Constitution of the Force and Conditions of Service of the Members of Theforce
State : Central
Year : 2007
(1) There shall be an armed force of the Union called the Sashastra Seema Bal for ensuring the security of the borders of India and performing such other duties as may be entrusted to it by the Central Government. (2) Subject to the provisions of this Act, the Force shall be constituted 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 made in this behalf, the command and supervision of the Force shall vest in an officer to be appointed by the Central Government as the..... View Complete Act List Judgments citing this sectionTitle : Confirmation and Revision of Proceedings
State : Central
Year : 2007
No finding or sentence of a General Force Court or a Petty Force Court shall be valid except so far as it may be confirmed as provided by this Act. Section 122 - Power to confirm finding and sentence of General Force Court The findings and sentences of General Force Courts may be confirmed by the Central Government or by any officer empowered in this behalf by warrant of the Central Government. Section 123 - Power to confirm finding and sentence of Petty Force Court The findings and sentences of a Petty Force Court may be confirmed by an officer having power to convene a General Force Court or by any officer empowered in this behalf by warrant of such officer. Section 124 - Limitation of powers of confirming authority A warrant issued under section 122 or section 123 may..... View Complete Act List Judgments citing this sectionTitle : Punishments
State : Central
Year : 2007
(1) Punishments may be inflicted in respect of offences committed by persons subject to this Act and convicted by Force Courts according to the seals following, namely.-- (a) death, (b) imprisonment which may be for the term of life or any other lesser term but excluding imprisonment for a terra not exceeding three months in Force custody, (c) dismissal or removal from the service; (d) compulsory retirement from the service; (e) imprisonment for a term not exceeding three months in Force custody; (f) reduction to the ranks or to a lower rank or grade or a place in the list of their rank in the case of an under-officer; (g) reduction to next lower rank in case of an officer or subordinate officer: Provided that no officer shall be reduced to a rank lower than the one to..... View Complete Act List Judgments citing this sectionTitle : Deductions from Pay and Allowances
State : Central
Year : 2007
(1) The following deductions may be made from the pay and allowances of an officer, namely:-- (a) all pay and allowances due to an officer for every day he absents himself without leave, unless a satisfactory explanation has been given to, and accepted by, the Inspector-General under whom he is for the time being serving; (b) all pay and allowances for every day while he is in custody on a charge for an offence for which he is afterwards convicted by a criminal court or Force Court or by an officer exercising authority under section 58; (c) any sum required to make good the pay of any person subject to this Act which he has unlawfully retained or unlawfully refused to pay; (d) any sum required to make good such compensation for any expenses, loss, damage or destruction..... View Complete Act List Judgments citing this sectionTitle : Arrest and Proceedings Before Trial
State : Central
Year : 2007
(1) Any person subject to this Act who is charged with any offence may be taken into Force custody under the order of any superior officer. (2) Notwithstanding anything contained in sub-section (1), an officer may order into Force custody any other officer, though such other officer may be of a higher rank, if he engages in a quarrel, affray or disorder. Section 70 - Duty of commanding officer in regard to detention (1) It shall be the duty of every commanding officer to take care that a person under his command when charged with an offence is not detained in custody for more than forty-eight hours after the committal of such person into custody is reported to him, without the charge being investigated, unless investigation in the prescribed procedure, within that period seems to..... View Complete Act List Judgments citing this sectionTitle : Execution of Sentences, Pardons, Remissions, Etc.
State : Central
Year : 2007
In executing a sentence of death, a Force Court shall, in its discretion direct that the offender shall suffer death by being hanged by the neck until he be dead, or shall surfer death by being shot to death. Section 134 - Commencement of sentence of imprisonment Whenever any person is sentenced by a Force Court under this Act to imprisonment, the term of his sentence shall, whether it has been revised or not, be reckoned to commence on the day on which the original proceedings were signed by the presiding officer, or in the case of a Summary Force Court, by the Court: Provided that if for any reason beyond the control of the commanding officer or superior officer, the sentence of imprisonment cannot be executed in full or in part, the convict shall be liable to undergo the whole..... View Complete Act List Judgments citing this sectionTitle : Offences
State : Central
Year : 2007
Any person subject to this Act who commits any of the following offences, namely:-- (a) shamefully abandons or delivers up any post, place or guard, committed to his charge or which it is his duty to defend; or (b) intentionally uses any means to compel or induce any person subject to this Act or to any other law relating to military, naval, air force or any other armed force of the Union to abstain from acting against the enemy or to discourage such person from acting against the enemy; or (c) in the presence of the enemy, shamefully casts away his arms, ammunition, tools or equipment or misbehaves in such manner as to show cowardice; or (d) treacherously holds correspondence with, or communicates intelligence to, the enemy, terrorist or any person in arms against the Union; or..... View Complete Act List Judgments citing this sectionTitle : Force Courts
State : Central
Year : 2007
For the purposes of this Act, there shall be three kinds of Force Courts, namely :-- (a) General Force Courts; (b) Petty Force Courts; and (c) Summary Force Courts, which shall be convened in the manner prescribed. Section 77 - Power to convene a General Force Court A General Force Court may be convened by the Central Government or the Director-General or by any officer empowered in this behalf by warrant of the Director-General. Section 78 - Power to convene a Petty Force Court A Petty Force Court may be convened by an officer having power to convene a General Force Court or by an officer empowered in this behalf by warrant of any such officer. Section 79 - Warrants issued under sections 77 and 7 A warrant issued under section 77 or section 78 may contain such..... View Complete Act List Judgments citing this sectionTitle : Procedure of Force Courts
State : Central
Year : 2007
At every General Force Court or Petty Force Court, the senior member shall be the presiding officer. Section 95 - Judge Attorneys (1) Every General Force Court shall, and every Petty Force Court may be attended by a Judge Attorney or a Deputy Judge Attorney-General or an Additional Judge Attorney-General, or, if no such officer is available, an officer approved by the Judge Attorney-General or by any officer authorised in this behalf by the Judge Attorney-General. (2) The recruitment and conditions of service of Judge Attorney-General, Additional Judge Attorney-General, Deputy Judge Attorney-General and Judge Attorney shall be such as may be prescribed. Section 96 - Objections (1) At all trials by a General Force Court or by a Petty Force Court, as soon as the Court is..... View Complete Act List Judgments citing this section