The Border Security Force Act, 1968

 
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THE BORDER SECURITY FORCE ACT, 1968 ACT NO. 47 OF 1968

[2nd September, 1968.]

An Act to provide for the constitution and regulation of an Armed Force of the Union for ensuring the security of the borders of India and for matters connected therewith.

CHAP

PRELIMINARY

CHAPTER I

PRELIMINARY

  1. Short title and commencement.

  2. Short title and commencement.(1) This Act may be called the Border Security Force Act,1968.

    (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

  3. Definitions.

  4. 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 enemy, 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 notification in the Official Gazette 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;

    [See footnote 1 for this section]

    (c) "Chief Law Officer" and "Law Officer" mean, respectively, the Chief Law officer and a Law Officer of the Force appointed by the Central Government;

    (d) "Civil offence" means an offence which is triable by a criminal court;

    (e) "Civil prison" means any jail or place used for the detention of any criminal prisoner under the Prisons Act, 1894 (9 of 1894), or under any other law for the time being in force;

    (f) "Commandant", when used in any provision of this Act with reference to any unit of the Force, means the officer whose duty it is under the rules to discharge with respect to that unit, the functions of a Commandant in regard to matters of the description referred to in that provision;

    (g)"criminal court" means a court of ordinary criminal justice in any part of India;

    (h) "Deputy Inspector-General" means a Deputy Inspector-

    General of the Force appointed under section 5;

    (i) "Director-General" means the Director-General of the Force appointed under section 5:

    (j) "enemy" 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 or 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;

    393 (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 not 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 is 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 higher rank or class 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 higher rank, class or grade:

    (x) "under-officer" means a Head Constable, Naik and Lance Naik of the Force:

    (y) all words and expressions used and not defined in this Act but defined in the Indian Penal Code (45 of 1860), shall have the meanings assigned to them in that Code.

    (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.

  5. Persons subject to this Act.

  6. Persons subject to this Act.(1) The following persons 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.

    394 (2) Every person subject to this Act shall remain so subject until, retired, discharged, released, removed or dismissed from the Force in accordance with the provisions of this Act and the rules.

    CHAP

    CONSTITUTION OF THE FORCE AND CONDITIONS OF SERVICE OF THE MEMBERS

    OF THE FORCE

    CHAPTER II

    CONSTITUTION OF THE FORCE AND CONDITIONS OF SERVICE OF THE MEMBERS

    OF THE FORCE

  7. Constitution of the Force.

  8. Constitution of the Force.(1) There shall be an armed force of the Union called the Border Security Force for ensuring the security of the Borders of India.

    (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.

  9. Control direction, etc.

  10. 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 Inspectors-General, Deputy Inspectors-General, Commandants and other officers as may be appointed by the Central Government.

  11. Enrolment 6. Enrolment (1) The persons to be enrolled to the Force, the mode of enrolment, and the procedure for enrolment shall be such as may be prescribed by the Central Government.

    (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 Force shall be deemed to have been duly enrolled.

  12. Liability for service outside India.

  13. 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.

  14. Resignation and withdrawal from the post.

  15. 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, 395.

  16. Tenure of service under the Act.

  17. Tenure of service under the Act. Every person subject to this Act shall hold office during the pleasure of the President, 10.

    Termination of service by Central Government.

  18. 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.

  19. Dismissal removal of reduction by the Director General and by otherofficers.

  20. Dismissal, removal of 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 per-

    son under his command other than an officer or a subordinate officer of such rank or ranks is may be prescribed.

    (3) Any such officer as is mentioned in subsection (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 the rules.

  21. Certificate of termination of service.

  22. 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 the language which is the mother tongue of such person and also 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.

  23. Restrictions respecting right to form association, freedom of speech,etc.

  24. 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 trade unions, labour unions or political associations;

    or 396 (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, recreational 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.

    Explanation.-If any question arises as to whether any society, institution, association or organisation is of...

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