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INDO TIBETAN BORDER POLICE FORCE ACT, 1992
35 of 1992
1st September, 1992
The Indo-Tibetan Border Police was raised in October, 1962. It is since then under operation. This Force has been charged with the responsibility of ensuring the security of northern borders, instilling a sense of security among the people living in the border areas and preventing trans-border crimes, smuggling and unauthorized entry into or exit from Indian territory in co-ordination with other security forces. In addition, the Force has been assigned bank security duties and other sensitive duties in terrorist afflicted States. However, considering the nature and purpose of the Force and experience gained during the last three decades it has been felt that the Force should be regulated by a separate self-contained statute which will provide for its special needs, especially the needs of efficiency and discipline. The present Bill seeks to achieve this object. 2. As the Indo-Tibetan Police Force is charged with the policing of the Northern borders, the Bill seeks to ensure that the standards of efficiency and discipline of the Force are of high order. The notes on clauses explain in brief the various provisions of the Bill. -Gaz. of Ind., 18-3-92, Pt. II,
section 2, Ext., p. 46 (No. 17).
An Act to provide for the constitution and regulation of an armed Force of the Union for ensuruig the security of the borders of India and for matters connected therewith. Be it enacted by Parliament in the Forty-third Year of the Republic of India as follows:-
SECTION 01: SHORT TITLE AND COMMENCEMENT
(1) This Act may be called the Indo-Tibetan Border Police Force Act, 1992.
(2) It shall come into force on such date1as the Central Government may, by notification, appoint.
SECTION 02: 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 an enemity, or
(ii) which is operating at a picket or engaged on patrol or other guard duty along the
borders of India, and includes duty by such person during any period declared by the
Central Government by order as a period of active duty with reference to any area in which any person or class of persons subject to this Act may be serving;
(b) "battalion" means a unit of the Force constituted as a battalion by the Central Government;
(c) "civil offence" means an offence which is triable by a criminal Court;
(d) "civil prison" means any jail or place used for the detention of any criminal prisoner underthe Prisons Act, 1894-, or under any other law for the time being in force;
(e) "commanding officer", used in relation to a person subject to this Act, means an officer for the time being in command of the unit or any separate portion of the Force to which such person belongs or is attached;
(f) "criminal Court" means a Court of ordinary criminal justice in any part of India and includes a Court of a special Judge appointed under the Criminal Law Amendment Act, 1952;
(g) "Deputy Inspector-General" and ''Additional Deputy Inspector-General" mean respectively a Deputy Inspector-General and an Additional Deputy Inspector- General of the Force appointed underse ction 5-;
(h) "Director-General" and "Additional * Director-General" mean' respectively, the Director-General and an Additional Director-General of the Force appointed under section 5-;
(i) "enemy" includes all armed mutineers, armed rebels, armed rioters, pirates and any person in arms against whom it is the duty person subject to this Act to take action;
(j) "enrolled person" means an under-officer or other person enrolled under this Act;
(k) "Force" means the Indo-Tibetan Border Police Force;
(1) "Force Court" means a Court referred to in section 76-;
(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) "Judge Attorney-General", "Additional Judge Attorney-General", "Deputy Judge Attorney-General" and "Judge Attorney" mean respectively the Judge Attorney- General, an Additional Judge Attorney -General, a Deputy Judge Attorney-General and a Judge Attorney of the Force appointed in the appropriate rank by the Central Government;
(p) "member of the Force" means an officer, a subordinate officer, an under-officer or other enrolled person;
(q) "notification" means a notification published in the Official Gazette;
(r) "offence" means any act or omission punishable under this Act and includes a civil offence;
(s) "officer" means a person appointed or in pay as an officer of the Force, but does not include a subordinate officer or an under-officer;
(t) "prescribed" means prescribed by rules made under this Act;
(u) "rule" means a rule made under this Act;
(v) "subordinate officer" means a person appointed or in pay as a Subedar Major, a Subedar or a Sub-Inspector of the Force;
(w) "superior officer", when used in relation to a person subject to this Act, means-
(i) any member of the Force to whose command such person is for the time being subject in accordance with the rules;
(ii) any officer of a higher rank or class or of a higher grade in the same class, and
includes, when such person is not an officer, a subordinate officer or an under-officer of a higher rank, class or grade;
(x) "under-officer" means a Head Constable, a Naik or a Lance Naik of the Force;
(y)"unit" includes -
(a) any body of officers and other members of the Force for which a separate authorised establishment exists;
(b) any separate body of persons subject to this Act employed on any service and not attached to a unit as aforesaid;
(c) any other separate body of persons composed wholly or partly of persons subject to this Act and specified as a unit by the Central Government;
(z) all words and expressions used and not defined in this Act but defined inthe Indian Penal Code,-the Army Act, 1950-orthe National Security Guard Act, 1986-; shall have the same meanings respectively assigned to them in that Code or those Acts.
(2) In this Act, references to any law not in force in the State of Jammu and Kashmir shall be construed as references to the corresponding law in force in that State.
SECTION 03: PERSONS SUBJECT TO THIS ACT
- (1) The following persons appointed (whether on deputation or in any other manner) in the Force shall be subject to this Act, wherever they may be, namely:-
(a) officers and subordinate officers; and
(b) under-officers and other persons enrolled under this Act.
(2) Every person subject to this Act shall remain so subject until repatriated, retired, released, discharged, removed or dismissed from the Force in accordance with the provisions of this Act and the ru les.
SECTION 04: CONSTITUTION OF THE FORCE
(1) There shall be an armed force of the Union called the Into-Tibetan Border Police Force for ensuring 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 05: 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 the command and supervision of the Force shall vest in an officer to be appointed by the Central Government as the Director-General of the Force.
(2) The Director-General shall, in the discharge of his duties under this Act, be assisted by such number of Additional Director-General, Inspectors-General, Deputy Inspector-General, Additional Deputy Inspector-General, Commandants and other officers as may be appointed by the Central Government.
SECTION 06: ENROLMENT
The person to be enrolled to the Force, the mode of enrolment, and the procedure for enrolment shall be such as may be prescribed.
SECTION 07: LIABILITY FOR SERVICE OUTSIDE INDIA
Every member of the Force shall be liable to serve in any part of India as well as outside India.
SECTION 08: RESIGNATION AND WITHDRAWAL FROM THE POST
No member of the Force shall be at liberty,-
(a) to resign his appointment during the term of his engagement; or
(b) to withdraw himself from all or any of the duties of his appointment, except with the previous permission in writing of the prescribed authority.
SECTION 09: TENURE OF SERVICE UNDER THE ACT
Every person subject to this Act shall hold office during the pleasure of the President.
SECTION 10: TERMINATION OF SERVICE BY CENTRAL GOVERNMENT
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, any Additional Director-General or Inspector-General may dismiss or remove from the service or reduce to a lower grade or rank or ranks any person subject to this Act other than an officer.
(2) An officer not below the rank of Additional 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 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 the 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 the officer, to whose command he is subject, with a certificate in Hindi or English language setting forth-
(a) the authority terminating his service;
(b) the cause for such termination; and
(c) the full period of his service in the Force.
SECTION 13: RESTRICTIONS RESPECTING RIGHT TO FORM ASSOCIATION, FREEDOM OF SPEECH, ETC.
- (1) No person subject to this Act shall, without the previous sanction in writing of the Central Government or of the prescribed authority,-
(a) be a member of, or be associated in any way with any trade union, labour union, political association or with any class of trade unions, labour unions or political associations; or
(b) be a member of, or be associated in any way with, any society, institution, association or organisation that is not recognised as part of the Force or is not of a purely social, recretional or religious nature; or
(c) communicate with the press or publish or cause to be published any book, letter or other document except where such communication or publication is in the bona fide discharge of his duties or is of a purely literary, artistic or scientific character or is of a prescribed nature.
(2) No person subject to this Act shall participate in, or address, any meeting or take part in any demonstration organised by any body of persons for any political purposes or for such other purposes as may be prescribed.
SECTION 14: REMEDY OF AGGRIEVED PERSONS OTHER THAN OFFICER
- (1) Any person subject to this Act other than an officer who deems himself wronged by any superior or other officer may complain to the officer under whose command he is serving.
(2) When the officer complained against is the officer to whom any complaint should, under sub-section (1), be preferred, the aggrieved person may complain to such officer's next superior officer.
(3) Every officer receiving any such complaint shall make as complete an investigation into it as may be possible for giving full redress, to the complainant, or when necessary, refer to complaint to a superior authority.
(4) The Director-General may revise any decision made under any of the foregoing sub-sections, but, subject thereto, such decision shall be final.
SECTION 15: REMEDY OF AGGRIEVED OFFICERS
Any officer who deems himself wronged by his commanding officer or any other superior officer and who, on due application made to his commanding officer or such other superior officer, does not receive the redress to which he considers himself entitled, may complain to the Director-General or the Central Government through proper channel, tools or equipment or misbehaves in such manner as to show cowardice; or
SECTION 16: OFFENCES IN RELATION TO THE ENEMY OR TERRORIST AND PUNISHABLE WITH DEATH
- Any person subject-to this -Act who commits any of the following offences, that is to say,-
(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 or terrorist, shamefully casts away his arms, ammunition,
(d) treacherously holds correspondence with, or communicates intelligence to, the enemy, terrorist or any person in arms against the Union; or
(e) directly or indirectly assists the enemy or terrorist with money, arms, ammunition, stores or supplies or in any other manner whatsoever; or
(f) in time of active operation against the enemy or terrorist, intentionally occasions a false alarm in action, camp, quarters, or spreads or causes to be spread reports calculated to create alarm or despondency; or
(g) in time of action leaves his commmanding officer or other superior officer or his post, guard, picket, patrol or party without being regularly relieved or without leave; or
(h) having been captured by the enemy or made a prisoner of war, voluntarily serves with or aids the enemy; or
(i) knowingly harbours or protects an enemy, not being a prisoner; or
(j) being a sentry in time of active operation against the enemy or alarm, sleeps upon his post 'or is intoxicated; or
(k) knowingly does any act calculated to imperil the succees of the Force or the military, naval or air force of India or any forces co-operating therewith or any part of such forces, shall on conviction by a Force Court, be liable to suffer death or such less punishment as is in this Act mentioned.
SECTION 17: OFFENCES IN RELATION TO THE ENEMY AND NOT PUNISHABLE WITH DEATH
- Any person subject to this Act who commits any of the following offences, that is to say,-
(a) is taken prisoner or captured by the enemy, by want of due precaution or through disobedience of orders, or wilful neglect of duty, or having been taken prisoner or so captured fails to rejoin his service when able to do so; or
(b) without due authority holds correspondence with, or communicates intelligence to, the enemy or any person in league with the enemy or having come by the knowledge of any such correspondence or communication, wilfully omits to discover it immediately to his commanding officer or other superior officer, shall, on conviction by a Force Court, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned.
SECTION 18: OFFENCES PUNISHABLE MORE SEVERELY ON ACTIVE DUTY THAN AT OTHER TIMES
-Any person subject to this Act who commits any of the following offences, that is to say,-
(a) forces a safeguard, or forces or uses criminal force to a sentry; or (b) breaks into any house or other place in search of plunder; or (c) being a sentry sleeps upon his post, or is intoxicated; or
(4) without orders from his superior officer leaves his guard, picket, patrol or post; or
(e) intentionally or through neglect occasions a false alarm in camp or quarters, or spreads or causes to be spread reports calculated to create unnecessary alarm or despondency; or
(f) makes known the parole, watchward or countersign to any person not entitled to receive it; or knowingly gives a parole, watchward or a countersign different from what he received, shall, on conviction by a Force Court,-
(i) if he commits any such offence where on active duty, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned; and
(ii) if he commits any such offence when not on active duty, be liable to suffer
imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned.
SECTION 19: MUTINY
- Any person subject to this Act who commits any of the following offences, that is to say,-
(a) begins, incites, causes or conspires with any other person to cause any mutiny in the Force or in the military, naval or air force of India or any forces co-operating therewith; or
(b) joins in any such mutiny; or
(c) being present at any such mutiny, does not use his utmost endeavours to suppress the same; or
(d) knowing or having reason to believe in the existence of any such mutiny, or of any intention to mutiny or of any such conspiracy, does not without delay, give information thereof to his commanding officer or other superior officer; or
(e). endeavours to seduce any person in the Force or in the military, naval or air force of India or any forces co-operating therewith from his duty or allegiance to the Union, shall, on conviction by a Force Court, be liable to suffer death or such less punishment as is in this Act mentioned.
SECTION 20: DESERTION AND AIDING DESERTION
- (1) Any person subject to this Act deserts or attempts to desert the service shall, on conviction by a Force Court- :
(a) if he commits the offence when on active duty or when under orders for active duty, be liable to suffer death or such less punishment as is in this Act mentioned; and
(b) if he commits the offence under any other circumstances, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned.
(2) Any person subject to this Act who knowingly harbours any such deserter shall, on conviction by a Force Court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in the Act mentioned.
(3) Any reason subject to this Act who, being cognizant of any desertion or attempt at desertion of a person subject to this Act, does not forthwith give notice to his own or some other superior officer, or take any steps in his power to cause such pension to be apprehended, shall, on conviction by a Force Court, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned.
(4) For the purposes of this Act, a person deserts,-
(a) if he absents from his unit or the place of duty at any time with the' intention of not reporting back to such unit or place, or who, at any time and under any circumstances when absent from his unit or place of duty, does any act which shows that he has an intention of not reporting to such unit or place of duty;
(b) if he absents himself without leave with intent to avoid any active duty.
SECTION 21: ABSENCE WITHOUT LEAVE
- Any person subject to this Act who commits any of the following offences, that is to say,-
(a) absents himself without leave; or
(b) without sufficient cause overstays leave granted to him; or
(c) being on leave of absence and having received information from the appropriate authority that any battalion or part thereof or any other unit of the Force; to which he belongs, .has been ordered on active duty, fails, without sufficient cause, to rejoin without delay; or
(d) without sufficient cause fails to appear at the time fixed at the parade or place appointed for exercise or duty; or
(e) when on parade, or on the line of march, without sufficient cause or without leave from his superior officer, quits the parade or line of march; or
(f) when in camp or elsewhere, is found beyond any limits fixed, or in any place prohibited, by any general, local or other order, without a pass or written leave from his superior officer; or
(g) without leave from his superior officer or without due cause, absents himself from any school or training institution when duly ordered to attend there, shall, on conviction by a Force Court, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this Act mention ed.
SECTION 22: STRIKING OR THREATENING SUPERIOR OFFICER
- Any person subject to this Act who commits any of the following offences, that is to say,-
(a) uses criminal force to or assaults his superior officer; or
(b) uses threatening language to such officer; or
(c) uses insubordinate language to such officer, shall, on conviction by a Force Court,-
(i) if such officer is at the time in the execution of his office or, if the offence
is committed on active duty, be liable to suffer imprisonment for a term which
may extend to fourteen years or such less punishment as is in this Act mentioned; and
(ii) in other cases be liable to suffer imprisonment for a term which may extend
to ten years or such less punishment as is in this Act mentioned: Provided that
in the case of an offence specified in clause (c), the imprisonment shall not exceed five years.
SECTION 23: DISOBEDIENCE TO SUPERIOR OFFICER
(1) Any person subject to this Act who disobeys in such manner as to show a wilful defiance of authority any lawful command given personally by his superior officer in the execution of his office whether the same is given orally, or in writing or by signal or otherwise, shall, on conviction by a Force Court, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned.
(2) Any person subject to this Act who disobeys any lawful command given by his superior officer shall, on conviction by a Force Court,-
(a) if he commits such offence when on active duty, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned; and . (b) if the commits such offence when not on active duty, be liable to suffer imprisonment for a term which may extend to five years or such less punishment as is in this Act mentioned.
SECTION 24: INSUBORDINATION AND OBSTRUCTION
- Any person subject to this Act who commits any of the following offences, that is to say,-
(a) being concerned in any quarrel, affray or disorder, refuses to obey any officer, though of inferior rank, who orders him into arrest or uses criminal force to or assaults any such officer; or
(b) uses criminal force to, or assaults, any person, whether subject to this Act or not, in whose custody he is lawfully placed, and whether he is or is not his superior officer; or
(c) resists an escort whose duty it is to apprehend him or to have him in charge; or
(d) breaks out of barracks, camp or quarters; or
(e) neglects to obey any general, local or other order; or
(f) impedes the Force Police referred to in 75 or any person lawfully acting on his behalf, or when called upon, refuses to assist in the execution of his duty a Force Police or any person lawfully acting on his behalf, shall, on conviction by a Force Court, be liable to suffer imprisonment for a term which may extend, in the case of the offences specified in clauses (d) and (e), to two years, and in the case of the offences specified in the other clauses, to ten years, or in either case such less punishment as is in this Act mentioned.
SECTION 25: FALSE ANSWERS ON ENROLMENT
Any person having become subject to this Act who is discovered to have made at the time of enrolment a wilfully false answer to any question set forth in the prescribed form of enrolment which has been put to him by the enrolling officer before whom he appears for the purpose of being enrolled", shall, on conviction by a Force Court, be liable to suffer imprisonment for a term which may extend to five years or such less punishment as is in this Act mentioned.
SECTION 26: UNBECOMING CONDUCT
Any officer or subordinate officer who behaves in a manner unbecoming of his position and the character expected of him shall, on conviction by a Force Court, be liable to be dismissed or to suffer such less punishment as is in this Act mentioned.
SECTION 27: CERTAIN FORMS OF DISGRACEFUL CONDUCT
- Any person subject to this Act who commits any of (he following' offences, that is to say,-
(a) is guilty of any disgraceful conduct of a cruel, indecent or unnatural kind; or<
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