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Section 15: Members of the Force to be considered always on duty and liable to be employed any where in the State and out side also

The Andhra Pradesh Special Protection Force Act, 1991State Act of Andhra Pradesh · Act 25 of 1991

(1) Every member of the Force shall be considered to be always on duty and shall, at any time, be liable to be employed at any place within the State of Andhra Pradesh and out side also.

(2) No member of the Force shall engage himself in any employment or office other than his duties under this Act.

(3) A member of the Force shall not by reason of his suspension from his office cease to be a member of the Force; and he shall during that period be subject to the same responsibilities, discipline and penalties to which he would have been subject, if he were on duty.

16. Punishments and appeals - (1) Subject to the provisions of Article 311, the Director-General of the Force may appoint any of the supervisory officers to impose such penalties after conducting inquires in accordance with the provisions of the Andhra Pradesh Civil Services (Classifications, Control and Appeal) Rules, 1963 and non-appealable penalties by way of summary disposal in the manner prescribed.

Explanation - For the purpose of the this section,--

(a) Punishments classified as non appealable shall consists of,--

1. Fatigue duty;

2. Extra Drill, and

3. Confinement to barracks for seven days; and

(b) Punishments which are classified as appealable shall consist of,--

1. Censure.

2. Fine.

3. Withholding of increment or promotion.

4. Reduction in Rank.

5. Recovery from pay.

6. Compulsory retirement.

7. Removal from service.

8. Dismissal from service; and

9. Suspension:

Provided that in respect of class (b) of punishments an appeal shall lie within thirty days from the date of the communication of the order to such appellate authority as may be prescribed.

17. Restrictions rights to form Association - (1) No member of the Force, shall, without the previous sanction in writing of the Government or of the prescribed authority,--

(a) be a member of, or be associated in any way with, any trade union, labour union, political party or with any class of trade unions, labour unions or political parties; or

(b) be a member of, or be associated in any way with, any other society, institution, association or organization that is not recognized as part of the Force or is not of a purely social, recreational or religious nature; or;

Explanation: - If any question arises as to whether any society, institution, association or organization is of purely social, recreational or religious nature under clause (b) of this Sub-section; the decision of the Government thereon shall be final.

(2) No member of the Force shall participate in or address, any meeting or take part in any demonstration organized by anybody of persons for any political purpose or for such other purposes as may be prescribed.

18. Surrender of certificate arms etc., by persons ceasing to be members of the Force - (1) Every person who for any reason ceases to be an enrolled member of the Force, shall forthwith surrender to any supervisory officer empowered to receive the same, his certificate of appointment, the arms, accoutrements, clothing and other articles which have been furnished to him for the performance of duties as an enrolled member of the Force.

(2) Any person who willfully neglects or refuses to surrender the articles as required by sub- section (1) shall be liable for forfeiture of financial benefits and prosecution under the Law.

(3) Nothing in this connection shall be deemed to apply to any article which, under the orders of the Director-General, has become the property of the person to whom the same was furnished.

19. Application of Act, 1922 to the members of the Force - The Police (Incitement to disaffection) Act, 1922, shall apply to members of the Force as it applies to members of a Police Force.

20. Certain Acts not to apply to members of the Force - Nothing contained in the payment of Wages Act, 1936, or the Industrial Disputes Act, 1947, or the Factories Act, 1948, except the provisions relating to health and safety or any corresponding law relating to investigation and settlement of industrial disputes in Force in the State shall apply to members of the Force.

21. Power to make Rules - (1) The Government shall, in addition to the rule making powers conferred on them by any other provisions of this Act, have power to make rules generally to carry out all or any of the purpose of this Act.

(2) In particular and without prejudice to the generality of the foregoing powers, such rules may provide for,-

(a) regulating the classes, ranks, grades, pay and remuneration of members of the Force and their conditions of service in the Force;

(b) regulating the powers and duties of members of the Force authorised to exercise any functions by or under this Act;

(c) fixing the period of service for members of the Force;

(d) prescribing the description and quantity of arms, account rements, clothing and other necessary articles to be furnished to the members of the force;

(e) prescribing the places of residence of members of the Force;

(f) institution, management and regulation of any fund for any purpose connected with the administration of the Force;

(g) regulating the punishments and prescribing authorities to whom appeals may be preferred from orders of punishment, or remission of fines or other punishments, and the procedure to be followed for the disposal of such appeals;

(h) regulating matters with respect of Force custody under this Act including the procedure to the followed for taking persons into custody;

(i) regulating matters with respect to disposal of cases relating to offences under this act and specifying places in which persons convicted under this Act may be confined;

(j) the terms and conditions subject to which members to the Force may be deputed under section 9 and the charges thereof.

(3) Every rule made under this Act, shall immediately after it is made, be laid before the Legislative Assembly of the State if it is in session and if it is not in session, in the session immediately following, for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if before the expiration of the session in which it is so laid or the session immediately following the Legislative Assembly agrees in making any modification in the rule or in the annulment of the rule, the rule shall from the date on which the modification or annulment is notified, have effect only in such modified form or shall stand annulled 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 rule.

Where this provision sits

ActThe Andhra Pradesh Special Protection Force Act, 1991
Section15
Marginal noteMembers of the Force to be considered always on duty and liable to be employed any where in the State and out side also
JurisdictionState of Andhra Pradesh
StatusIn force as published by the source

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