Assam Rifles Rules 2010 Bare Act

The source publishes this enactment as a single document rather than provision by provision, so the whole text is below and there are no per-section pages for it. Nothing has been shortened.

Type	Rules
Year	2006
Jurisdiction	Central
Ministry	Ministry of Home Affairs
Status	In force as published by the source
Text	Published as one document, as the source published it
Subjects	criminal

1 [TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART -II, SECTION 3, SUB-SECTION (I)] GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS NOTIFICATION New Delhi, the ……., 2010 G.S.R. ……….(E). – In exercise of the powers conferred by section 165 of Assam Rifles Act, 2006 (47 of 2006), the Central Government hereby makes the following rules, namely :- ASSAM RIFLES RULES 2010

CHAPTER - I PRELIMINARY 1 . Short title, commencement and application.― (1) These rules may be called the Assam Rifles Rules, 2010.

(2) They shall come into force on the date of their publication in the Official Gazette.

(3) These rules shall apply to all persons subject to the Act.

2. Definitions.― In these rules, unless the context otherwise requires,―

(a) “Act” means the Assam Rifles Act, 2006(47 of 2006);

(b) “Appendix” means any appendix annexed to these rules;

(d) “Court” means the Force Court;

(e) “Detachment” includes any part of a unit of the Force required or ordered to proceed on duty away from headquarters;

(f) “Force authority” when used in relation to any power, duty, act or matter, means such Force authority as, in pursuance of these rules, exercises, or performs that power or duty or is concerned with that matter;

(g) “section” means a section of the Act;

(h) all other words and expressions used in these rules and not defined but defined in the Act, shall have the same meaning as respectively assigned to them in the Act.

3. Reports and applications.― Any report or application required to be made under these rules to a superior authority or to a Force authority shall be made in writing through proper channel unless the said authority on account of exigencies of service or otherwise, dispenses with writing.

4. Forms in appendices.― (1) The forms set forth in the appendices, with such variations as the circumstances of each case may require, for the respective purposes therein mentioned, and if used shall be sufficient, but a deviation from such forms shall not, by reason only of such deviation, render invalid any charge, warrant, order, proceedings or any other document relevant to these rules.

(2) Any omission of any such Form shall not, by reason only of such omission render any act or thing invalid.

(3) The directions in the notes to, and the instructions in the form, shall be duly complied with in all cases to which they relate but any omission to comply with any such direction in the notes or instructions shall not, merely by reason of such omission, render any act or thing invalid.

5. Exercise of power vested in holder of an office in the Force.― Any power or jurisdiction given to any person holding any office in the Force to do any act or thing to, or before , any person, may, for the purposes of these rules, be exercised by any other person who may, for the time being, be performing the functions of that office in accordance with the rules and practice of the Force.

6. Cases not provided for.― In regard to any matter not specifically provided for in these rules, it shall be lawful for the competent authority to do such thing or take such action as it may deem fit and just in accordance with exigencies and circumstances of the case.

CHAPTER - II ORGANISATION

7. Constitution of the Force.― The Assam Rifles shall consist of―

(1) officers, subordinate officers and enrolled persons appointed to or enrolled into the Assam Rifles who shall be liable for continuous service for the term mentioned in their enrolment form, letter of appointment or in the rules made in this behalf.

(2) the officers on deputation and other personnel appointed to the Assam Rifles who shall serve for the term mentioned in their letter of appointment.

8. The task of the Force and command and control thereto.― (1) For the purpose of sub-section (1) of section 4, the Force shall,―

(i) safeguard the security of borders of India and promote sense of security among the people living in border areas;

(ii) prevent trans-border crimes, smuggling, unauthorised entry into or exit from the territory of India and any other illegal activity;

(iii) provide security to sensitive installations, banks, persons of security risk;

(iv) restore and preserve order in any area in the event of disturbance therein.

(2) In discharging the functions under sub-rule (1), the responsibility for the command, discipline, administration, morale and training shall―

(a) in the case of Additional Director-General extend to all battalions, units headquarters, establishments and Force personnel placed under him and within the area that may be assigned to him;

(b) in the case of Inspector-General extend to all battalions, units headquarters, establishments and the Force personnel placed under him and within the area that may be assigned to him;

(c) in the case of Deputy Inspector-General and Additional Deputy Inspector-General extend to battalions, units and other personnel placed under him and within the area that may be assigned to him;

(d) in the case of Commandant extend to the battalion or unit placed under him and within the area assigned to him.

(3) During hostilities, the Inspector-General, the Deputy Inspector-General, Additional Deputy Inspector-General and the Commandant shall discharge such functions as may be assigned to them by their respective superiors.

(4) The command, discipline, administration, morale and training of battalion, units and establishment not placed under an Additional Deputy Inspector-General, Deputy Inspector-General or an Inspector-General shall be carried out by such officers and in such manner as may be laid down by the Director-General from time to time.

(5) Any member of the Force shall be liable to perform any duties in connection with the task of the Force mentioned in sub-rule (i), the administration, discipline, training and welfare of the Force and such other duties as he may be called upon to perform in accordance with any law for the time being in force. Any 4 order given in this behalf by a superior officer shall be lawful command for the purpose of the Act.

9. Command.― (1) An officer appointed to command shall have the power of command over all officers and men, irrespective of seniority, placed under his command.

(2) (a) In the contingency of an officer being unable to exercise the command, to which he has been appointed, due to any reason, the command shall devolve on the second-in-command, if one has been so appointed.

(b) If no second-in-command, has been so appointed, it shall devolve on the officer who may be appointed to officiate by the immediate superior of the officer unable to exercise command.

(d) The inability of an officer to exercise command and its assumption by any other officer in accordance with this sub-rule shall be immediately reported to the next higher authority by the officer who has assumed such command.

(3) If persons belonging to different units are working together―

(i) in regard to the specific task on which they are engaged, the officer appointed to command or in his absence the senior most officer present shall exercise command over all such persons;

(ii) in all other matters the senior officer belonging to each unit shall exercise command over persons belonging to his unit.

(4) When officers and other persons belonging to the Force are taken prisoner by an enemy the existing relations of superior and subordinate and the duty of obedience shall remain unaltered and any person guilty of indiscipline or insubordination in this behalf shall, after his release, be liable for punishment.

(5) Subject to the provisions of the Act, disciplinary powers over a person subject to the Act shall be exercised by the officer not below the rank of Commandant of the battalion or unit to which such a person belongs or the officer on whom command has devolved in accordance with sub-rule (2).

(6) Where such a person is doing detachment duty, including attendance at a course of instruction, an officer not below the rank of Commandant of the unit, centre or establishment with which he is doing such duty shall also have all the disciplinary powers of a Commandant.

(7) The Director-General, the Additional Director-General, the Inspector- General, the Deputy Inspector-General and the Additional Deputy Inspector-General may specify one or more officers of the staff who shall exercise the powers of the Commandant respectively in respect of persons belonging to or doing detachment duty at his Headquarters.

(8) The Director-General may also specify officers who shall exercise the disciplinary powers of an Inspector-General, and Deputy Inspector-General or Additional Deputy Inspector-General respectively in respect of persons belonging to or doing detachment duty at his Headquarters.

(9) An Inspector-General may specify an officer who shall exercise the disciplinary powers of a Deputy Inspector-General or Additional Deputy Inspector- General in respect of persons belonging to or doing detachment duty at his Headquarters.

Explanation.― For the purpose of sub-rules (1), (2) and (3) the word “officer” shall include a subordinate officer and an under officer.

CHAPTER - III RECRUITMENT

10. Ineligibility.― (1) No person, who has more than one wife living or who having a spouse living marries in any case in which such marriage is void by reason of it taking place during the life time of such spouse, shall be eligible for appointment, enrolment, or employment in the Force.

(2) Any person subject to the Act, who contracts or enters into a second marriage during the life time of his first spouse, shall render himself ineligible for retention in service and may be dismissed, removed or retired from service on ground of unsuitability :

Provided that the Central Government may, if satisfied that there are sufficient grounds for so ordering, exempt any person from the operation of this rule.

11. Ineligibility of aliens.― No person who is not a citizen of India shall, except with the consent of the Central Government signified in writing, be appointed, enrolled or employed in the Force :

Provided that nothing contained in this rule shall bar the appointment, enrolment or employment of a subject of Nepal or Bhutan in the Force.

12. Appointment of officers.― The Central Government may appoint such persons as it considers to be suitable as officers in the force in the following manner 6 and their conditions of service shall be such as may be provided in the rules made in this behalf by the Central Government ―

(a) by direct recruitment;

(b) by transfer on deputation from the Defence Forces, any other armed forces of the Union or any other department of the Central Government or of the State Government;

(d) by transfer;

(e) by reemployment.

13. Appointment of subordinate officers and enrolled persons.― Appointment to the posts of Subedar-Majors or Subedars may be made by the Inspector-General and Naib-Subedars or of under officers by the Deputy Inspector- General or Additional Deputy Inspector-General, and of enrolled persons by the commandant or any other officer of the Force who may be appointed as enrolling officer by Director-General respectively in the following manner and their conditions of service shall be such as may be provided in the rules by the Central Government in this behalf―

(a) by direct recruitment;

(b) by transfer on deputation from the Defence Forces and other armed forces of the Union, any other department of the Central Government or of the State Government;

(d) by transfer;

(e) by re-employment.

14. Probation.― (1) A person appointed through direct recruitment as an officer, subordinate officer, or enrolled person shall be on probation for a period of two years.

(2) The Central Government in the case of officers and the authority prescribed in rule 13 in the case of subordinate officers and enrolled persons may, for the reasons to be recorded in writing, extend the period of probation for such further period or periods not exceeding two years or may during the period of probation, terminate his services without assigning any reasons.

(3) The provision of sub-rules (1) and (2) shall also be applicable to a person on his initial promotion as an officer. Persons who do not complete the period of probation satisfactorily are liable to be reverted to their former rank.

15. Procedure for enrolment, mode of enrolment and other matters connected therewith- (1) Before a person is enrolled as a member of the Force, the Commandant of a unit or any other officer who may be appointed as an enrolling officer by the Director-General, shall read and explain to him, or cause to be read and explained to him in his presence, the conditions of service of the post to which he is to be enrolled and shall put him the questions contained in the form of enrolment as set out in Appendix-I and shall, after having cautioned him that if he makes a false answer to any such question he shall be liable to punishment under the Act, record or cause to be recorded his answer to each such question.

(2) If, after complying with the provisions of sub-rule (1) and such other directions as may be issued in his behalf by the Director-General from time to time, the enrolling officer is satisfied that the person desirous of being enrolled, fully understands the questions put to him and consents to the conditions of service, and if the said officer is satisfied that there is no impediment, he shall sign and shall also cause such person to sign the enrolment form and such person shall thereupon be deemed to be enrolled.

(3) (a) Every person enrolled as a member of the Force under sub-rule (2) shall be administered an oath or affirmation in the form set out in Appendix I.

(b) The oath or affirmation shall as far as possible be administered by an officer not below the rank of Commandant or an officer authorised in writing by such officer in this behalf

(c) The oath or affirmation shall be administered when the person to be attested has successfully completed his training and found fit in all respect.

16. Liability of service.― (1) All officers are liable for service with any other Armed Force of the Union as may be directed by the Central Government. and the selecting officers for such service preference may be given to volunteers but if the requisite number of suitable volunteers is not forthcoming, officers may be sent on transfer on deputation or detailed otherwise as considered necessary, by the Central Government.

(2) The provisions of this rule shall apply to and in relation to subordinate officers and enrolled persons as they apply to and in relation to any officer of the Force and the powers vested in the Central Government under sub-rule (1) shall be exercised by the Director-General.

CHAPTER - IV TERMINATION OF SERVICE

17. Termination of service.― Authorities specified in the heading of columns 3 to 6 of the table given below shall be competent to dismiss, remove, discharge, retire or release a member of the Force specified in the columns, on the grounds stated in the corresponding entries in column 2, in accordance with the procedure laid down in this Chapter and any power conferred by this rule or any provisions of this Chapter on any of the aforesaid authorities may also be exercised by any other authority superior to it :

Provided that the provisions of this Chapter shall not apply to the persons on deputation with the Force.

TABLE Sl.

No.

(1)

(i) Grounds on which service can be terminated

(2) Misconduct Central Inspector General Government

(3) (4) Officers Subedar-Major and DIG/ADIG

(5) Commandant

(6)

(ii) Unsuitability

(iii) Unsatisfactory progress in training

(iv) Furnishing false/wrong information at the time of appointment/ enrolment Physical unfitness (v)

(vi) On own request Officers Officers Officers Officers Officers Subedar Subedar-Major and Subedar Subedar-Major and Subedar Subedar-Major and Subedar Subedar-Major and Subedar Subedar-Major and Subedar Naib-Subedar. Enrolled Person.

Naib-Subedar.

Enrolled Person.

18. Termination of service of officers by the Central Government on account of misconduct.― (1) When it is proposed to terminate the service of an officer under section 10 on account of misconduct, he shall be given an opportunity to show cause in the manner specified in sub-rule (2) against such action :

Provided that this sub-rule shall not apply―

(a) Where the service is terminated on the ground of conduct which has led to his conviction by a criminal court or a Force Court; or

(b) Where the Central Government is satisfied that for reasons to be recorded in writing, it is not expedient or reasonably practicable to give to the officer an opportunity of showing cause.

(2) When after considering the reports on an officer’s misconduct, the Central Government or Director-General is satisfied that the trial of the officer by a Force Court is inexpedient or impracticable, but is of the opinion, that the further retention of the said officer in the service is undesirable, the Director-General shall so inform the officer together with particulars of allegations and report of investigation (including the statement of witnesses, if any, recorded and copies of document, if any, intended to be used against him) in cases where allegations have been investigated and he shall be called upon to submit in writing, his explanation and defence :

Provided that the Director-General may withhold disclosure of such report or portion thereof if, in his opinion, its disclosure is not in the interest of the security of the State.

(3) In the event of the explanation of the officer being considered unsatisfactory by the Director-General, or when so directed by the Central Government, the case shall be submitted to the Central Government with the officer’s defence and the recommendation of the Director-General as to the termination of the officer’s service in the manner specified in sub-rule (4).

(4) When submitting a case to the Central Government under the provisions of sub-rule (2) or sub-rule (3), the Director-General shall give reasons for his recommendation whether the officer’s service should be terminated, and if so, whether the officer should be ―

(a) dismissed from the service; or

(b) removed from the service; or

(d) called upon to resign.

(5) The Central Government, after considering the reports and the officer’s defence, if any, or the judgment of the criminal court or the proceedings of the Force Court, as the case may be, and the recommendation of the Director-General, may dismiss or remove the officer or retire or call upon him to resign from service, and on his refusal to do so, the officer may be compulsorily retired or removed from the service.

19. Termination of service of officers by the Central Government on grounds of unsuitability.― (1) When the Director-General is satisfied that an officer is unsuitable to be retained in service, the officer―

(a) shall be so informed;

(b) shall be furnished with the particulars of all matters adverse to him;

and

Provided that clauses (a), (b) and (c) shall not apply, if the Central Government is satisfied that for reasons, to be recorded by it in writing, it is not expedient or reasonably practicable to comply with the provisions thereof :

Provided further that the Director-General may not furnish to the officer any matter adverse to him, if in his opinion, it is not in the security of the State to do so.

(2) In the event of the explanation being considered by the Director-General unsatisfactory, the matter shall be submitted to the Central Government for orders, together with the officer’s explanation and the recommendation of the Director- General as to whether the officer should be called upon to retire or resign.

(3) The Central Government after considering the reports, the explanation, if any, of the officer and the recommendation of the Director-General, may call upon the officer to retire or resign and on his refusing to do so, the officer may be compulsorily retired from the service.

20. Termination of service of persons, other than officers on account of misconduct.― (1) When it is proposed to terminate the service of a person subject to the Act other than an officer, he shall be given an opportunity by the authority competent to dismiss or remove him to show cause in the manner specified in subrule (2) against such action :

Provided that this sub-rule shall not apply―

(a) where the service is terminated on the ground of conduct which has led to his conviction by a Criminal Court or a Force Court; or

(b) where the authority as specified in rule 17 is satisfied that, for reasons to be recorded in writing, it is not expedient or reasonably practicable to give the person concerned an opportunity of showing cause.

(2) When after considering the reports on the misconduct of the person concerned, the authority as specified in rule 17 is satisfied that the trial of such a person by the Force Court is inexpedient or impracticable, but is of the opinion, that his further retention in the service is undesirable, it shall so inform him together with all reports adverse to him and he shall be called upon to submit, in writing, his explanation and defence :

Provided that the authority as specified in rule 17 may withhold from disclosure any such report or portion thereof, if in his opinion, its disclosure is not in the interest of security of the State.

(3) The authority as specified in rule 17 after considering his explanation and defence, if any, or the judgment of the criminal court or the proceedings of the Force Court, as the case may be, may dismiss or remove him from service.

(4) All cases of dismissal or removal, under this rule, shall be reported to the Director-General.

21. Discharge from service on grounds of unsatisfactory progress in training.― (1) When it is proposed to discharge a person subject to the Act from service on account of unsatisfactory progress in training, the Commandant of training establishment where the person is undergoing training, shall make recommendation for suitable action to the Commandant of the battalion or unit to which such person belongs for his discharge from service.

(2) In all cases of recommendations for discharge of a person, the Commandant of the training establishment shall establish clearly the fact that the person has been given suitable warning and sufficient time to show progress, documentary evidence to this effect shall accompany the recommendation.

(3) The Central Government or, the authority as the case may be, as specified in rule 17, on receipt of recommendation under sub-rule (1), may discharge or release the person concerned from the service.

22. Termination of service on grounds of furnishing false or incorrect information at the time of appointment or enrolment.―The Central Government or the authority as the case may be,as specified in rule 17, may terminate the service of a person subject to the Act on grounds of furnishing false or incorrect information at the time of appointment or enrolment of that person in the service :

Provided that action under this rule shall not be taken without the competent authority giving the person concerned a show cause notice giving one month time to urge grounds, if any, in his defence, and his explanation being found unsatisfactory.

23. Retirement or discharge or release of officers on grounds of physical unfitness.― (1) Where an officer not below the rank of Deputy Inspector- General considers that an officer of the Force is unfit to perform his duties because of his physical condition, the officer shall be brought before a medical board.

(2) The medical board shall consist of such officers and shall be constituted in such manner as may, from time to time, be laid down by the Director-General.

(3) Where the officer is found to be unfit by the medical board for further service, the Central Government shall, if it agrees with the findings of the medical board, communicate to the said officer the findings of the medical board and thereupon, within a period of thirty days of such communication, the officer may make a representation against it to the Central Government supported by a primafacie evidence of error of judgment in the opinion expressed by the medical board and such an evidence should be from a Government doctor not below the status of civil surgeon and should contain specific mention that he has taken into consideration the findings of the medical board before giving his opinion.

(4) The Central Government may, on receiving the representation from the officer, refer the case to be reviewed by a fresh medical board constituted for the purpose and order the retirement or discharge or release of the said officer if the decision of the fresh medical board is adverse to him.

(5) Where no representation is made against the decision of the medical board under sub-rule (3), the Central Government may, if it agrees with the findings of the medical board, order the retirement or discharge or release of the officer.

24. Termination of service of subordinate officers by the authorities as specified in rule 17 on grounds of unsuitability.― (1) Where an officer not below the rank of Commandant is satisfied that a subordinate officer is unsuitable to be retained in service, the subordinate officer shall be―

(a) so informed;

(b) furnished with the particulars of all matters adverse to him; and

Provided that clauses (a), (b) and (c) shall not apply, if the authority as specified in rule 17, is satisfied that for reasons to be recorded by it in writing, it is not expedient or reasonably practicable to comply with the provisions thereof :

Provided further that such competent authority may not furnish to the subordinate officer any matter adverse to him, if in his opinion, it is not in the interest of the security of the State to do so.

(2) In the event of the explanation being considered by the officer not below the rank of Commandant unsatisfactory, the matter shall be submitted to the authority as specified in rule 17 for orders together with the subordinate officer’s explanation and the recommendation of such officer.

(3) The authority as prescribed in rule 17 after considering the report and the explanation, if any, of the subordinate officer and the recommendations of the officer not below the rank of Commandant, may call upon the subordinate officer to retire or resign and on, his refusing to do so, the subordinate officer may be compulsorily retired or discharged from the service.

25. Termination of service of enrolled persons on grounds of unsuitability.― (1) Where a Commandant is satisfied that an enrolled person is unsuitable to be retained in the service, the enrolled person shall be―

(a) so informed;

(b) furnished with the particulars of all matters adverse to him; and

Provided that clauses (a), (b) and (c) shall not apply, if the Commandant is satisfied that for reasons to be recorded in writing, it is not expedient or reasonably practicable to comply with the provisions thereof:

Provided further that the Commandant may not furnish to the enrolled person any matter adverse to him, if in his opinion, it is not in the interest of the security of the State to do so.

(2) After considering the explanation, if any, the Commandant, may call upon the enrolled person to retire or resign and on his refusing to do so, the enrolled person may be compulsorily retired or discharged from the service.

26. Retirement or discharge of subordinate officers and enrolled persons on grounds of physical unfitness.― (1) Where a Commandant is satisfied that a subordinate officer or an enrolled person is unable to perform his duties by reason of his physical disability, he may direct that the said subordinate officer or enrolled person, as the case may be, be brought before a medical board.

(2) The medical board shall consist of such officers and shall be constituted in such manner as may, from time to time, be laid down by the Director-General.

(3) Where the said subordinate officer or the enrolled person is found by the medical board to be unfit for further service in the Force, as the case may be, the authority as specified in rule 17 shall, if it agrees with the findings of the medical board, communicate to the said person the findings of the medical board and thereupon, within a period of thirty days of such communication, the person may make a representation against it to the competent authority supported by a primafacie evidence of error of judgment in the opinion expressed by the medical board 14 such an evidence should be from a Government doctor not below the status of civil surgeon and should contain specific mention that he has taken into consideration the findings of the medical board before giving his opinion.

(4) Where the person declared to be unfit for further service makes representation under sub-rule (3) the same shall be forwarded to the next superior officer, who shall have the case reviewed by a fresh medical board constituted for the purpose and order the retirement/discharge of the said person, if the decision of the fresh medical board is adverse to him.

(5) Where no representation is made against the decision of the medical board under sub-rule (3), the authority as specified in rule 17, as the case may be, may (if he agrees with the findings of the medical board) order the retirement or discharge of the person concerned.

27. Resignation.― (1) The Central Government may, having regard to the special circumstances of any case, permit any officer of the Force to resign from the Force before completing the term of engagement :

Provided that before granting such permission the Central Government may require the officer to refund to the Government three months pay and allowances drawn by him or the cost of training imparted to him, whichever is higher.

(2) The Central Government may accept the resignation under sub-rule (1) with effect from such date as it may consider expedient.

(3) The Central Government may refuse to permit an officer to resign,―

(a) if an emergency has been declared in the country either due to internal disturbance or external aggression; or

(b) if it considers it to be inexpedient so to do in the interest of the discipline of the Force; or

(4) The provisions of this rule shall apply to and in relation to subordinate officers and enrolled persons as they apply to and in relation to any officer of the Force and the powers vested in the Central Government under sub-rules (1) and (2) shall be exercised in the case of a Subedar-Major and Subedar by an Inspector- General, in the case of a Naib-Subedar by an officer not below the rank of Additional Deputy Inspector-General, and in the case of an enrolled person, by a Commandant.

28. Appeal against orders of dismissal, removal or compulsory retirement.― A person subject to the Act other than an officer who has been 15 dismissed, removed or compulsorily retired from service, shall have the right to put in an appeal against the termination of his service to any authority, higher than the one who has passed the termination order within ninety days of the termination of service.

(2) In case of Officers, appeal shall lie to the Central Government and such appeal shall be filed within ninety days of the termination of service.

(3) Where the appellate authority sets aside the order of dismissal, removal or compulsory retirement under this rule, such authority shall pass such orders as may be necessary in respect of the period of absence from duty of the person whose dismissal, removal or compulsory retirement has been set aside.

29. Date of dismissal, removal, discharge or retirement.― (1) The effective date of dismissal, removal, discharge, retirement shall be―

(a) the date mentioned in the order of dismissal or removal or discharge or retirement, or

(b) if no such date is mentioned, the date on which the person concerned is relieved from duties.

(2) The dismissal, removal, discharge or retirement of a person subject to the Act shall not be from retrospective effect.

CHAPTER - V RESTRICTION ON FUNDAMENTAL RIGHTS

30. Unauthorised organisation.― No person subject to the Act shall, without the express sanction of the Central Government take official cognisance of, or assist or take any active part in, any society, institution or organisation, not recognised as part of the Armed Forces of the Union; unless it be of a recreational or religious nature in which case prior sanction in writing of the superior officer shall be obtained.

31. Political activities.― (1) No person subject to the Act shall attend, address, or take part in any meeting or demonstration held for a party or political purposes, or belong to or join or subscribe in the aid of, any political association or movement.

(2) No person subject to the Act shall issue an address to electors or in any other manner publicly announce himself or allow himself to be publicly announced as a candidate or as a prospective candidate for election to Parliament, the legislature of a State or a local authority, or any way actively promote or prosecute a candidate’s interests.

32. Communications to the press, lectures, etc.― No person subject to the Act shall,―

(a) publish in any form whatever or communicate directly or indirectly to the press any matter in relation to a political question or on a service subject or containing any service information, or publish or cause to be published any book or letter or article or other document on such question or matter or containing such information without the prior sanction of the Central Government, or any officer specified by the Central Government in this behalf;

(b) deliver a lecture or wireless address, on a matter relating to a political question or on a service subject or containing any information or views on any service subject without the prior sanction of the Central Government, or any officer specified by the Central Government in this behalf.

Explanation.― For the purposes of this rule, the expression “service information” and “service subject” include information or subject, as the case may be, concerning the Force, the defence or the external relations of the Union.

CHAPTER - VI ARREST AND SUSPENSION

33. Forms of arrest.― (1) Arrest may be either open or close arrest.

(2) An arrest, unless otherwise specified, shall mean an open arrest.

(3) An order imposing arrest may be communicated to the person to be arrested either orally or in writing.

34. Authority to order arrest.― (1) No person subject to the Act shall be arrested on a charge under the Act except under and in accordance with the orders of superior officer having power of command over him.

(2) Notwithstanding anything contained in sub-rule (1) any person subject to the Act may be placed under arrest by any superior officer-

(a) if he commits an offence against such superior officer; or

(b) if he commits an offence in the view of such superior officer; or

(c) if he is behaving in a disorderly manner and the said superior officer considers it necessary to place such a person under arrest with a view to stop such disorderly behaviour.

(3) A superior officer effecting arrest under sub-rule (2) shall as soon as possible and in any case within twenty-four hours of such arrest send a report to the 17 Commandant of the battalion or unit of which the person arrested is a member and in case of the arrest of an officer of and above the rank of Commandant, to his immediate superior officer.

35. Arrest, how imposed.― (A) Close arrest.― (1) (a) Close arrest in the case of enrolled persons shall be imposed by informing the person to be arrested and ordering him to be marched to the place of confinement under an escort of another person of similar or superior rank.

(b) Where no such escort is available, the person arrested shall be ordered to report himself immediately to the quarter-guard or other place of confinement.

(2) (a) Close arrest in the case of officers, subordinate officers or under officers shall be imposed by placing such officer, subordinate officer, or under officer under the custody of another person of similar or superior rank and wherever considered necessary such officer, subordinate officer, or under officer may be confined under charge of a guard.

(b) The person under arrest shall not leave the place of his confinement without permission of the Commandant or a superior officer designated by the Commandant.

(B) Open arrest.― (3) (a) Open arrest shall be imposed by informing the person to be arrested that he is under open arrest and that he shall confine himself within such limits as may be specified in this behalf by the concerned superior officer effecting such arrest.

(b) The Commandant may, from time to time, vary the limits referred to in clause (a) above.

36. Release from arrest during investigation.― (1) Any person arrested under rule 34 may be released from arrest under the order of an officer :

Provided that in case of a person placed under arrest by an officer, such person shall be released form arrest under the order of his Commandant or any officer superior to such Commandant.

37. Release without prejudice to re-arrest.― Pending the completion of the investigation or convening of a court, any person, who has been placed under arrest, may without prejudice to re-arrest be released by his commandant or by any officer superior to such commandant.

38. Arrest, when to be imposed.― (1) Any person charged with― 18

(i) an offence under section 21 clause (a) or clause (b) or section 23 or section 24 or section 27 or sub-section (1) of section 28;

(ii) a civil offence punishable with death or imprisonment for life;

(iii) any other offence under the Act―

(a) if the interest of discipline so require; or

(b) if the person concerned deliberately undermines discipline; or

(d) if the person concerned is likely to absent himself with a view to avoid trial; or

(e) if the person concerned is likely to interfere with witnesses or tamper with the evidence;

shall be placed under arrest.

(2) Where any person arrested shows symptoms of sickness, medical assistance shall be provided for such person.

39. Special provision in case of arrest of a drunken person.― (1) Where a drunken person has been arrested, he shall, as far as possible, be confined separately and shall be visited by duty officer or duty subordinate officer or duty under officer or under officer incharge of the guard, once every two hours.

(2) A drunken person shall not be taken before a superior officer for investigation of his case until he has become sober.

40. Arrest in case of person whose trial has been ordered.― (1) Unless the convening authority has otherwise directed, on the commencement of the trial of a person by the court, the said person shall be placed under arrest by his Commandant and shall remain under arrest during the trial.

(2) Where a sentence lower than that of imprisonment is passed by a court, the arrested person may be released by his Commandant pending confirmation of the finding and sentence :

Provided that the convening authority may rescind, vary or modify the order passed by a Commandant under sub-rule (1) or sub-rule (2) and where no such order is passed by a Commandant, the convening authority may pass such order as it may deem proper :

Provided further that a person who has been sentenced to be dismissed shall not, except while on active duty, be put on any duty.

41. Delay report.― (1) (a) The report on reason for delay as required under section 81 shall be in the form set out in Appendix II and it shall be sent by the 19 Commandant to the Deputy Inspector-General or Additional Deputy Inspector- General under whom the accused may be serving.

(b) A copy of the eighth delay report and every succeeding report thereof shall also be sent to the Inspector-General under whom the accused may be serving, and to the Chief Law Officer.

(2) Where the accused is kept under arrest for a period exceeding three months without a Force Court being ordered to assemble for his trial, a special report regarding the action taken and the reasons for the delay shall be sent by the Commandant to the Director-General with a copy each to the Deputy Inspector- General or Additional Deputy Inspector-General and the Inspector-General concerned.

42. Rights of a person under arrest.― (1) (a) Any person placed under arrest shall, at the time of being placed under arrest, be given in writing by the officer effecting the arrest of the particulars of the charges against him.

(b) Notwithstanding anything contained in clause (a), where during the investigation other offences committed by the accused are discovered, it shall be lawful to charge such person with those offences.

(2) (a) The duty officer or duty subordinate officer shall every day make a visit to the person under arrest and take the orders of the Commandant on any request or representation made by the person under arrest.

(b) The request or representation made by the person under arrest shall be entered in the form set out in Appendix-III.

43. Suspension.― (1) Notwithstanding anything contained in these rules the disciplinary or appointing authority competent to convene general or petty Force Court may, at its discretion, place a person serving under him, under suspension―

(i) where disciplinary action under the Act against him is contemplated or is pending ; or

(ii) where in the opinion of the authority aforesaid, he has engaged himself in activities prejudicial to the interest of the security of the State; or

(iii) where a case against him in respect of any civil offence is under investigation, inquiry or trial.

(2) A person subject to the Act shall be deemed to have been placed under suspension by an order of the appointing authority―

(i) with effect from the date of his detention by civil police on a criminal charge or otherwise for a period exceeding 48 hours; or 20

(ii) with effect from the date of his conviction by a criminal court on a criminal charge, if the sentence awarded is imprisonment for a term exceeding forty eight hours.

(3) An order of suspension made or deemed to have been made under this rule shall continue to remain in force until it is modified or revoked by the authority competent to do so.

(4) An order of suspension made or deemed to have been made under this rule, may, at any time, be modified or revoked, by the authority which made the order or by any authority to which that authority is subordinate.

(5) During the period of suspension of a person, powers vested in him shall be in abeyance, but he shall be subject to same responsibilities, discipline, penalties and all other conditions of service to which he would have been subject if he were on duty and cannot leave headquarters declared by the competent authority without prior permission.

(6) When a person remains under suspension for more than 90 days, a report giving reasons for delay in the finalisation of his case shall be submitted to the Director General by the Commandant of the accused, and thereafter, subsequent reports shall be submitted every month till the case is finalised or the order of suspension is revoked whichever is earlier.

CHAPTER - VII CHOICE OF JURISDICTION BETWEEN FORCE COURT AND CRIMINAL COURT

44. Trial of cases either by Force Court or criminal court.― (1) where an offence is triable both by a criminal court and a Force Court, an officer referred to in section 102 may, -

(i) (a) where the offence is committed by the accused in the course of performance of his duty as a member of the Force; or

(b) where the offence is committed in relation to property belonging to the Government or the Force, or a person subject to the Act; or

(c) where the offence is committed against a person subject to the Act, direct that any person subject to the Act who is alleged to have committed such an offence, be tried by a Force Court; and 21

(ii) in any other case, decide whether or not it would be necessary in the interest of discipline to claim for trial by a Force Court any person subject to the Act who is alleged to have committed such an offence.

(2) In taking a decision to claim an offender for trial by a Force Court an officer referred to in section 102 may take into account all or any of the following factors, namely,―

(a) the offender is on active duty or has been warned for active duty and it is felt that he is trying to avoid such duty;

(b) the offender is a young person undergoing training and the offence is not a serious one and the trial of the offender by a criminal court would materially affect his training;

45. Cases which may not be tried by Force Court.― Without prejudice to the provisions of sub-rule (1) of rule 44, an offender may not ordinarily be claimed for trial by a Force Court―

(i) where the offence is committed by him along with any other person not subject to the Act whose identity is known; or.

(ii) where the offence is committed by him while on leave or during absence without leave.

CHAPTER - VIII INVESTIGATION OF CHARGES AND SUMMARY DISPOSAL HEARING OF CHARGE

46. Tentative charge sheet.― Where it is alleged that a person subject to the Act has committed an offence punishable under the Act, the allegation shall be reduced to writing in the form set out in Appendix-IV.

47. Hearing of charge.― (1) Every charge against a person subject to the Act shall be heard by the Commandant in the presence of the accused and the proceedings shall be reduced to writing in the form set out in Appendix-V. and the accused shall have full liberty to cross-examine any witness against him, and to call such witness and make such statement as may be necessary for his defence :

Provided that where the charge against the accused arises as a result of investigation by a court of inquiry, wherein the provisions of sub-rule (8) of rule 183 22 have been complied with in respect of that accused, the Commandant may dispense with the procedure in sub-rule (1).

(2) Notwithstanding anything contained in sub rule (1) above, a specified officer under section 62 may proceed against an enrolled person if―

(a) the charge can be summarily dealt with;

(b) the case has not been reserved by the Commandant for disposal by himself; and

and after hearing the charge under sub-rule (I) above, the specified officer may either award any of the punishments which he is empowered to award in the form set out in Appendix-VI, or refer the case to the Commandant for further disposal.

(3) The Commandant shall dismiss a charge brought before him if, in his opinion, the evidence does not show that an offence under the Act has been committed, and may do so if, he is satisfied that the charge ought not to be proceeded with :

Provided that the Commandant shall not dismiss a charge which he is debarred to try under sub-section (2) of section 96 without reference to superior authority as specified therein:

Provided further that, in case of all offences punishable with death, the Commandant shall remand the case for recording of summary of evidence.

(4) After compliance of sub-rule (I), if the Commandant is of opinion that the charge ought to be proceeded with, he shall within a reasonable time―

(a) dispose of the case under section 62 in accordance with the manner and form in Appendix-VI; or

(b) refer the case to the proper superior authority; or

(d) order his trial by a Summary Assam Rifles Court:

Provided that the Commandant shall not order trial by a Summary Assam Rifles Court without reference to the officer empowered to convene a petty Assam Rifles Court for the trial of the alleged offender unless―

(a) the offence is one which he can try by a Summary Assam Rifles Court without any reference to that officer; or 23

(b) he considers that there is grave reason for immediate action and such reference cannot be made without detriment to discipline.

(5) Where the evidence taken in accordance with sub-rule (4) of this rule discloses an offence other than the offence which was the subject of the investigation, the Commandant may frame suitable charge(s) on the basis of the evidence so taken as well as the investigation of the original charge.

48. Charges not to be dealt with summarily.―charges for an offences under sections 21 , 22, 23, 24, clause (I) of section 25, clause (a) of section 27 or 28, when on active duty, or sections 30, 31 , clause (a) of section 33 (disgraceful conduct), clause (b) of section 36, 39, 46, 47 or section 55 (other than that for simple hurt or theft) or a charge for abetment of or an attempt to commit any of these offences shall not be dealt with summarily.

49. Summary of evidence.― (1) Where the case is adjourned for the purpose of having the evidence reduced to writing, the officer ordering the same may either prepare the summary of evidence himself or detail another officer to do so.

(2) The witnesses shall give their evidence in the presence of the accused and the accused shall have right to cross-examine all witnesses who give evidence against him, and the questions together with the answers thereto shall be added to the evidence recorded.

(3) After all the witnesses against the accused have been examined, he shall be cautioned in the following terms:-

(i) “Do you wish to make any statement?

(ii) You are not obliged to say anything unless you wish to do so, but whatever you state shall be taken down in writing and may be given in evidence.” Any statement thereupon made by the accused shall be taken down and read to over him, but he will not be cross-examined upon it and the accused may then call his witnesses in defence and the officer recording the evidence may ask any question that may be necessary to clarify the evidence given by such witnesses.

(4) The statements given by witnesses shall ordinarily be recorded in narrative form in English or Hindi language and the officer recording the evidence may, at the request of the accused, permit any portion of the evidence to be recorded in the form of question and answer and the witnesses shall sign their statements after the same have been read over and explained to them, or if he 24 cannot write his name his statement shall be attested by his mark(thumb impression) and witnessed as a token of correctness of the evidence recorded.

(5) The provisions of section 111 of the Act shall apply for procuring the attendance of the witnesses before the officer recording the summary of evidence.

(6) Where a witness cannot be compelled to attend or is not available or his attendance cannot be procured without an undue expenditure of time or money and after the officer recording the evidence has given a certificate in this behalf, a written statement signed by such witness may be read to the accused and included in the summary of evidence.

(7) After the recording of the evidence the officer who recorded the evidence shall render a certificate in the following form― “Certified that the record of evidence ordered by ………………. was made in the presence and hearing of the accused and the provisions of subrule(3)of 49 have been complied with.”

(8) No counsel or legal practitioner shall be permitted to appear before the officer recording the evidence.

50. Abstract of evidence.― (1) Where the Commandant of the accused is of the opinion that the charge against an officer, subordinate officer or under officer is not of such a nature so as to warrant his trial by a Force Court, he may, after hearing the charge in accordance with sub-rule(1)of 47 order an abstract of evidence to be prepared in the case.

(2) An abstract of evidence shall be prepared either by the Commandant or an officer detailed by him.

(3) (a) The abstract of evidence, shall include –

(i) signed statements of witnesses wherever available or a précis thereof; and

(ii) copies of all documents intended to be produced at the trial.

(b) where signed statements of any witnesses are not available, a précis of the evidence that the witnesses are likely to give shall be included.

(4) A copy of the abstract of evidence shall be given by the officer making the same to the accused and the accused shall be given an opportunity to make a statement if he so desires, after he has been cautioned in the manner laid down in sub- rule (3) of rule 49 :

Provided that the accused shall be given such time as may be reasonable in the circumstances but in no case less than twenty- four hours after receiving the abstract of evidence to make his statement.

51. Disposal of case after recording summary or abstract of evidence.―

(1) The evidence prepared in pursuance of rule 49 or 50 shall be considered by the Commandant who thereupon shall either―

(a) dismiss the charge; or

(b) dispose of the case summarily under section 62 or section 66 of the Act, as applicable; or

(d) remand the accused for trial by a Force Court.

(2) If the accused is remanded for trial by a Force Court, the Commandant shall without unnecessary delay,

(a) assemble a Summary Assam Rifles Court (after making reference as per sub-section (2) of section 96, when such reference is necessary), or

(b) apply to the competent superior authority to convene a general or petty Assam Rifles Court, as the case may be.

52. Application for a court.― An application for a petty Force Court or general Force Court shall be made by the Commandant in the Form set out in Appendix-VII of these rules and shall be accompanied by five copies of the summary or abstract of evidence and charge sheet and such other documents as are mentioned in that application form.

53. Summary disposal of charges against officer, subordinate officer or warrant officer.― (1) Where an officer, a subordinate officer or a warrant officer is remanded for the disposal of a charge against him by an authority empowered under section 64, 65 and 66, to deal summarily with that charge, the summary or abstract of evidence shall be delivered to him, free of charge, with a copy of the charge as soon as practicable after its preparation and in any case not less than twenty-four hours before the commencement of the proceedings.

(2) Where the authority empowered under sections 64, 65 and 66 decides to deal summarily with a charge against an officer, subordinate officer or warrant officer, he shall unless he dismisses the charge, or unless the accused has consented in writing to dispense with the attendance of the witnesses, hear the evidence in the presence of the accused and the accused shall have full liberty to cross-examine any witness against him, and to call any witness and make a 26 statement in his defence, and such statement or a gist thereof shall be recorded and attached to the proceedings by the officer disposing the case summarily.

(3) The proceedings shall be recorded as far as practicable in accordance with the form in Appendix-VIII, and in every case in which punishment is awarded, the proceedings together with the conduct sheet, summary or abstract of evidence and written consent to dispense with the attendance of witnesses of the accused, shall be forwarded through the proper channel to the prescribed superior authority for review as provided under sub-section (2) of section 64 and sub-section (2) of section 65.

(4) In the case of summary disposal under section 62 and 66, the proceedings shall be forwarded to the officer superior in command to the officer who awarded the punishment, and if the punishment awarded appears to such superior officer to be illegal, unjust or excessive, he may cancel, vary or remit the same and make such other direction as may be appropriate in the circumstances of the case.

(5) The prescribed superior authority for the purposes of sub-section (2) of section 64 and sub section (2) of section 65 shall be the Central Government, the Director-General or other officer specified by the Director-General.

CHAPTER - IX CHARGES

54. Charge and charge sheet.― (1) A charge means an accusation contained in the charge sheet that a person subject to the Act has been guilty of an offence.

(2) A charge sheet shall contain the whole issue or issues to be tried at one time and may contain more than one charge, if the charges are founded on the same facts or form part of a series of offences of same or similar character :

Provided that a charge under section 25, section 26, section 38, and section 41 may be included in any charge sheet, notwithstanding that other charges in that charge sheet are not founded on the same facts or do not form part of a series of offences of the same or similar character.

(3) Every charge sheet shall in its layout follow the appropriate specimen set out in Appendix-IV to these rules.

55. Commencement of charge sheet.― Every charge sheet shall begin with the name and description of the person charged and state his number, rank, name and unit to which he belongs.

56. Contents of charge.― (1) Each charge shall state one offence only and in no case shall an offence be described in the alternative in the same charge.

(2) (a) If a single act or series of acts be of such a nature that it is doubtful which of several offences the facts which can be proved will constitute, the accused may be charged with having committed all or any of such offences, and any number of such charges may be tried at once or he may be charged in the alternative with having committed some one of the said offences.

(b) The charge for more serious offence shall precede the one for the less serious offence.

(3) Each charge shall be divided into two parts -

(a) statement of the offence; and

(b) statement of the particulars of the act, neglect or omission constituting the offence.

(4) The offence shall be stated, if not a civil offence, as nearly as practicable in the words of the Act, and if a civil offence, in such words as would sufficiently describe that offence, in words as used to describe the said offence in the relevant statutory provision.

(5) The particulars shall state such circumstances respecting the alleged offence as will enable the accused to know what act, neglect or omission is intended to be proved against him as constituting the offence.

(6) The particulars in one charge may be framed wholly or partly by a reference to the particulars in another charge, and in that case so much of the latter particulars as are so referred to, shall be deemed to form part of the first mentioned charge as well as of the other charge.

(7) Where it is intended to prove any facts in respect of which any deduction from pay and allowances can be awarded as a consequence of the offence charged, the particulars shall state those facts and the sum of the loss or damage it is intended to charge.

57. Signature on charge sheet.― The charge sheet shall be signed by the Commandant of the accused and shall contain the place and date of such signature.

58. Joint charges. (1) Any number of accused may be charged jointly and tried together for an offence averred to have been committed jointly by them.

(2) Any number of accused though not charged jointly may also be tried together for an offence averred to have been committed by one or more of them and abetted by the other or others.

(3) Where the accused are so charged under sub-rule (1) or sub-rule (2), any one or more of them may be charged with, and tried for any other offence with which they could have been charged under sub-rule (2) of rule 54.

59. Validity of charge sheet.(1) A charge-sheet shall not be invalid merely by reason of the fact that it contains any mistake in the name or description of the person charged, provided that he does not object to the charge sheet during the trial, and that no substantial injustice has been done to the person charged.

(2) In the construction of a charge-sheet or charge, there shall be presumed in favour of supporting the same every proposition which may reasonably be presumed to be impliedly included, though not expressed therein.

PREPARATION OF DEFENCE BY ACCUSED PERSON

60. Right of accused to prepare defence.― (1) An accused, who has been remanded for trial, shall be afforded proper opportunity for preparing his defence and shall be allowed proper communication with his defending officer or counsel and with his witnesses.

(2) A defending officer shall be appointed to defend an accused who has been remanded for trial unless the accused states in writing that he does not wish such an appointment to be made.

(3) If the prosecution is to be undertaken by a legally qualified officer or by a counsel, the accused shall be notified of this fact in sufficient time to enable him, if he so desires, to make arrangement for a legally qualified officer or counsel to defend him.

(4) The accused person shall have the right to address an application to the Chief Law Officer or Law Officer, if he is kept under arrest for longer than forty-eight days without being brought to trial or is not given full liberty for preparing his defence.

(5) As soon as practicable after an accused has been remanded for trial and in any case not less than four days before his trial, he shall be given free of charge―

(a) a copy of the charge sheet;

(b) an unexpurgated copy of summary or abstract of evidence showing passages within, which have been expurgated in the copy sent to the senior member ; and

(6) The provisions of sub-rules (2) and (3) shall not apply to a trial before a Summary Assam Rifles Court.

61. Warning of the accused for trial.― (1) When an accused is given a copy of the charge-sheet of the summary or abstract of evidence in accordance with these rules, an officer shall―

(a) explain to him the charges brought against him, and if the accused desires to have it in a language which he understands, a translation thereof shall also be given to him; and

(b) inform him that, upon his making a written request to his Commandant not less than twenty-four hours before his trial requiring the attendance at his trial of a witness (other than a witness for the prosecution) whom he desires to call in his defence (such witness to be named by him), reasonable steps will be taken in accordance with these rules to procure the attendance of any such witness at his trial;

(c) deliver to the accused a list of the ranks, names and units of the members who are to form the Court and of any waiting members.

(2) If it appears to the Court that the accused is liable to be prejudiced at his trial by any non-compliance with this rule, the Court shall take steps and, if necessary, adjourn to avoid the accused being so prejudiced.

62. Summoning of defence witnesses.― (1) Subject to the provisions of sub-rules (2) and (3) the Commandant shall, on a request made in this behalf by the accused, summon such witnesses as are specified by the accused.

(2) Where the Commandant is satisfied that the evidence to be given by any witness is not likely to be of material assistance at the trial he may refuse to summon such witness.

(3) The Commandant may before summoning any witness, require the accused to defray or undertake to defray the cost of attendance of such witness and if the accused refuses to defray or undertake to defray the cost aforesaid, the Commandant may refuse to procure the attendance of that witness.

(4) Where the Commandant has refused to summon the witness under subrule (2) or sub-rule (3), the accused may make an application to the court for the summoning of such witness and the court may if it considers it to be expedient, in the interest of justice, order the summoning of such witness and, if necessary, adjourn the proceedings for the attendance of such witness:

Provided that it shall rest with the accused alone to secure the attendance of any witness whose evidence is not contained in the summary of evidence and for whose attendance the accused has not made a request under sub-rule (1).

CONVENING OF GENERAL AND PETTY ASSAM RIFLES COURTS

63. Action by a superior authority on receiving an application for convening court.― (1) As soon as a superior authority receives an application for convening a court, he shall scrutinise the charge and the evidence against the accused, where necessary in consultation with the Chief Law Officer or a Law Officer designated by him and he,

(a) shall direct the Commandant to dismiss the charge where the evidence against the accused is insufficient and further evidence is not likely to be available and may direct him to do so if he considers it inadvisable to proceed with the trial; or

(b) may return the case to the Commandant for being tried by a Summary Assam Rifles Court or being dealt with summarily if he considers that the same can be adequately so tried or dealt with; or

(c) may dispose of the case by administrative action, or if he is not competent to take such action, forward the case to superior authority with his recommendations for such action;

(d) may return the case for recording further evidence, if he considers the evidence recorded insufficient, but considers that further evidence may be available.

(2) (a) In any other case he may either himself convene a court or if he considers that a higher type of court should be convened and he is not empowered to convene such a court, forward the case to the appropriate superior authority with recommendation that such court may be convened.

(b) The superior authority on receiving the case may exercise any of the powers given in sub-rule (1) of this rule:

Provided that the superior authority before convening a general Assam Rifles Court or a petty Assam Rifles Court shall take the advice of the Chief Law Officer or a Law Officer (designated for this purpose by Chief Law Officer).

Provided further that the superior authority while convening a court may reframe the charge sheet on which the accused is to be tried.

64. Disqualification of officers for serving on general and petty Assam Rifles courts.― An officer shall be disqualified from serving on a court if he―

(a) is an officer who convened the Court; or

(b) is the prosecutor or a witness for the prosecution; or

(c) has taken any part in the investigation of the case, which would have necessitated his applying mind to any part of the evidence or to the facts of the case; or

(d) is the Commandant of the accused; or

(e) has a personal interest in the case; or

(f) is a Force police officer appointed under section 85 (1).

65. Adjournment for insufficient number of officers.― (1) If, before the accused is arraigned, the full number of officers detailed are not available to serve, by reason of disqualification, challenge or otherwise, and if there are not sufficient number of officers in waiting to take the place of those unable to serve, the Court shall ordinarily adjourn for purpose of fresh members being appointed, but if the Court is of opinion that in the interests of justice, and for the good of service, it is inexpedient so to adjourn, it may, if not reduced in number below the legal minimum, proceed, after recording reasons for so doing.

(2) If the Court adjourns for the purpose of appointment of fresh members, whether under these rules or otherwise, the convening officer may, if he thinks fit, convene another Court.

66. Composition of general and petty Assam Rifles courts.― (1) A court shall consist, as far as practicable, of officers of different battalions or units.

(2) The members of a court for the trial of an officer shall be of a rank not lower than the rank of that officer, unless in the opinion of the convening officer, officers of such rank are not, having due regard to the exigencies of public service, available and such opinion shall be recorded in the convening order.

(3) A court for the trial of a Commandant shall as far as possible, consist of officers who are or have been Commandants or who hold, or have held, a higher appointment.

67. Duties of convening officers when convening courts.― (1) An officer before convening a general or petty Assam Rifles Court shall first satisfy himself that the charges to be tried by the court are for offences within the meaning of the Act, and that the evidence justifies a trial on those charges and the officer. If not so 32 satisfied, he shall order the release of the accused, or refer the case to superior authority.

(2) He shall also satisfy himself that the case is a proper one to be tried by the kind of court which he proposes to convene.

(3) When an officer convenes a court, he shall,

(a) issue a convening order in the appropriate form set out in Appendix-IX.

(b) direct upon what charges the accused is to be tried and ensure that the accused has been remanded for trial by a court upon these charges, by his Commandant;

(c) if he is of the opinion that charges shall be put in separate chargesheet, so direct and shall also direct the order in which they are to be tried;

(d) direct, if there is more than one accused whether the accused are to be tried jointly or separately;

(e) appoint members of the court and any waiting members;

(f) if convening―

(i) a general Assam Rifles Court; or

(ii) a petty Assam Rifles Court which he considers should be attended by a Law Officer, take necessary steps to procure the appointment of Law officer by or on behalf of the Chief Law officer, and may also appoint an officer to be under his instruction at the trial;

(g) appoint an officer, subject to the Act or a counsel assisted by such an officer to prosecute;

(h) appoint an interpreter wherever necessary;

(i) forward to the senior member, the original charge sheet, the convening order and a copy of the summary or abstract of evidence from which any evidence which in his opinion would be inadmissible at the trial, has been expurgated;

(j) forward to each member of the court and to each waiting member a copy of the charge sheet and convening order;

(k) forward to the Law Officer, a copy each of the charge sheet, the convening order and an unexpurgated copy of the summary or abstract of evidence showing the passages which have been expurgated in the copy sent to the senior member;

(l) forward to the prosecutor copies of the charge sheet and convening order, and the original summary or abstract of evidence; together with an unexpurgated copy thereof showing the passages which have been expurgated in the copy sent to the senior member;

(m) ensure that the Commandant has summoned all the prosecution witnesses and such defence witnesses as the accused may have requested to be summoned under rule 62.

CHAPTER - X PROCEDURE FOR GENERAL AND PETTY ASSAM RIFLES COURTS SECTION - 1 PROCEDURE AT TRIAL – ASSEMBLY, CHALLENGE AND SWEARING

68. Assembly of court and inquiry as to legal constitution.― (1) Upon a Force Court assembling, the convening order which includes ranks, names and units of the officers appointed to serve on the court, shall be laid before it together with the charge-sheet and copy of summary or abstract of evidence, and the court shall, before beginning the trial, satisfy itself in closed court―

(a) that the court has been convened in accordance with the Act and these rules;

(b) that the court consists of not less than the minimum number of officers required by law;

(d) that members have been duly appointed and are not disqualified under the Act;

(e) that if there is a Law Officer and he has been duly appointed, is of required rank, and is not disqualified from serving on that court;

(f) that the accused appears from the charge sheet, to be subject to the Act and to be subject to the jurisdiction of the court; and

(g) that each charge is correct in law and framed in accordance with these rules, and is so explicit as to enable the accused readily to understand what he has to answer.

(2) Where a vacancy occurs through a member of the court being disqualified under the Act or being absent when the court assembles, the presiding officer may appoint a duly qualified waiting member to fill that vacancy.

(3) If the court is not satisfied on any of the matters mentioned in sub-rule (1) and is not competent to rectify such matters itself under the Act or these rules, it shall before commencing the trial, report thereon to the convening officer, and may adjourn for that purpose.

(4) When the court has complied with this rule and is ready to proceed with the trial, the presiding officer shall open the court and the trial shall begin.

69. Commencement of trial, appearance of prosecutor and accused.― When the court has satisfied itself that the provisions of rule 68 have been complied with, it shall cause the accused to be brought before the court, and the prosecutor, who must be a person subject to the Act, shall take his due place in the court.

70. Proceedings for challenges of members of court.― (1) The order convening the court and the names of the officers appointed to try the accused shall be read in the hearing of the accused who shall be given an opportunity to object to any of those officers in accordance with section 106.

(2) When a court is to try more than one accused whether separately or jointly, each accused shall be given an opportunity to object to any officer on the court in accordance with the foregoing sub-rule and shall be asked separately whether he has any such objection.

(3) The accused shall state the names of all the officers to whom he objects before any objection is disposed of.

(4) If more than one officer is objected to, the objection to each officer shall be disposed of separately and the objection to the lowest in rank shall be disposed of first.

(5) An accused may make a statement and may call any person to give evidence in support of his objection and such person may be questioned by the accused and by the court.

(6) An officer to whom the accused has objected, may state in open court anything relevant to the objection of the accused whether in support or in rebuttal thereof.

(7) An objection to an officer shall be considered in closed court by the remaining officers of the court in the absence of the challenged officer, and they shall vote on the disposal of such objection, notwithstanding that objections have been made to any of those remaining officers.

(8) When an objection to an officer is allowed under sub-section (3) of section 106, that officer shall forthwith retire and take no further part in the proceedings.

(9) When an officer so retires or is not available to serve owing to any cause which the court may deem to be sufficient, and there are any officers in waiting detailed as such, the presiding officer shall appoint one of such officers to fill the vacancy and if there is no officer in waiting available, the court shall proceed as required by rule 65.

(10) The court shall satisfy itself that a waiting member who takes the place as a member of the court is of the required rank and not disqualified under the Act and shall give the accused an opportunity to object to him and shall deal with any such objection in accordance with the Act and these rules.

71. Swearing or affirming of members.― As soon as the court is constituted with the proper number of officers who are not objected to or objections in respect of whom have been overruled, an oath or affirmation shall be administered to every member in presence of the accused in one of the following forms or in such other form to the same purport as the court ascertains to be according to his religion or otherwise binding on his conscience.

FORM OF OATH “I, …………………………swear by Almighty God, that I will, well and truly, try the accused (or accused persons), before the court, according to the evidence, and that I will, duly administer justice, according to the Assam Rifles Act, without partiality, favour or affection; and I do further swear that I will not, on any account, at any time, whatsoever, disclose or discover, the vote or opinion of any particular member of this court unless required to give evidence there-of by a court of law”.

FORM OF AFFIRMATION “I, …………………………do solemnly, sincerely and truly, declare and affirm that I will, well and truly, try the accused (or accused persons), before the court, according to the evidence, and that I will, duly administer justice according to the Assam Rifles Act, without partiality, favour or affection; and I do further solemnly, sincerely and truly declare and affirm that I will not, on any account, at any time whatsoever, disclose or discover, the vote or opinion of any particular member of this court unless required to give evidence there-of by a court of law.

72. Swearing or affirmation of Law Officers and others.― After the members of the court are all sworn or have made affirmation, an oath or affirmation shall be administered to the following persons or such of them as are present at the court in such of the following forms as shall be appropriate, or in such other form to 36 the same purport as the court ascertains to be according to the religion or otherwise binding on the conscience of the person to be sworn or affirmed― (A) LAW OFFICER:

FORM OF OATH “I,……………swear by Almighty God that I will, to the best of my ability, carry out the duties of Law Officer, in accordance with the Assam Rifles Act and the rules made there-under without partiality, favour or affection, and I do further swear that I will not, on any account at any time whatsoever, disclose or discover the vote or opinion on any matter of any particular member of this court, unless required to give evidence thereof by a court of law”.

FORM OF AFFIRMATION “I,…………… do hereby, solemnly, sincerely and truly declare and affirm that I will, to the best of my ability, carry out the duties of Law Officer, in accordance with the Assam Rifles Act and the rules made there-under without partiality, favour or affection, and I do further solemnly, sincerely and truly declare and affirm, that I will not, on any account, at any time, whatsoever, disclose or discover the vote or opinion, on any matter of any particular member of this court, unless required to give evidence thereof by a court of law”.

(B) OFFICER ATTENDING FOR THE PURPOSE OF INSTRUCTION :

FORM OF OATH “I,………………………….. swear by Almighty God that I will not on any account; at any time whatsoever, disclose or discover the vote or opinion of any particular member of this court unless required to give evidence thereof by a court of law”.

FORM OF AFFIRMATION “I,………………………….. do solemnly, sincerely and truly, declare and affirm that I will not on any account, at any time whatsoever, disclose or discover the vote or opinion of any particular member of this court unless required to give evidence thereof by a court of law”.

FORM OF OATH “I,………………………….. swear by Almighty God that I will truly take down to the best of my ability, the evidence to be given before this court and such other matters as I may be required to take down and will, when required, deliver to the court a true transcript of the same”.

37 FORM OF AFFIRMATION “I,………………………….. do solemnly, sincerely and truly, declare and affirm that I will truly take down to the best of my ability the evidence to be given before this court and such other matters as I may be required to take down and will, when required, deliver to the court a true transcript of the same”.

(D) INTERPRETER :

FORM OF OATH “I,………………………….. swear by Almighty God that I will faithfully interpret and translate, as I shall be required to do, touching the matter before this court”.

FORM OF AFFIRMATION “I,………………………….. do solemnly, sincerely and truly, declare and affirm that I will faithfully interpret and translate, as I shall be required to do, touching the matter before this court”.

73. Objection to interpreter or shorthand writer.― A person shall not be sworn or affirmed as an interpreter or shorthand writer, if he is objected to by the accused, unless the court after hearing the accused and the prosecutor, disallows such objection as being unreasonable.

74. Objection to Law Officer and prosecutor.― The accused shall not be permitted to object to the Law Officer or the prosecutor.

75. Persons to administer oaths and affirmations.― All oaths and affirmations shall be administered by the Law Officer, a member of the court, or some other person empowered by the court to administer such oath or affirmation.

SECTION - 2 PROSECUTION, DEFENCE AND SUMMING UP

76. Arraignment.― (1) When the court and the Law Officer have been sworn or affirmed, the accused shall be arraigned on the charges against him, which includes reading out the charges and asking the accused whether he pleads guilty or not guilty to the charge or charges.

(2) If there is more than one charge against the accused he shall be required to plead separately to each charge.

(3) If there is more than one charge sheet, against the accused, before the court, the court shall proceed with the charges in the first of such charge sheets and 38 shall announce its finding thereon and if the accused has pleaded guilty, comply with rule 93, before it arraigns him upon the charges in any subsequent charge sheet.

77. Plea to jurisdiction.― (1) The accused, before pleading to the charge, may offer a plea regarding the jurisdiction of the court; and in such a case―

(a) the accused may adduce evidence in support of the plea and the prosecutor may adduce evidence in answer thereto; and

(b) the prosecutor may address the court in answer to the plea and the accused may reply to the prosecutor’s address.

(2) If the court allows the plea it shall record its decision, and the reasons for it, and report it to the convening authority and adjourn.

(3) When the court reports to the convening authority under this rule, the convening authority shall,―

(a) if it approves the decision of the court to allow the plea, dissolve the court;

(b) if it disapproves the decision of the court; either

(i) refer the matter back to the court and direct them to proceed with the trial; or

(ii) convene a fresh court to try the accused.

78. Objection to the charge.― (1) An accused before pleading to a charge may object to it on the grounds that it is not correct in law or is not framed in accordance with these rules and if he does so, the prosecutor may address the court in answer to the objection and the accused may reply to the prosecutor’s address.

(2) If the court upholds the objection, it shall either amend the charge if permissible under rule 79 or adjourn and report to the convening authority :

Provided that if there is another charge or another charge sheet before the court, the court may, before adjourning under this rule, proceed with the trial of the accused on such other charge or other charge sheet.

(3) When the court reports to the convening authority under this rule, the convening authority shall―

(a) if it approves the decision of the court to allow the objection―

(i) dissolve the court; or

(ii) where there is another charge or another charge sheet before the court to which the objection does not relate and which the court has not tried, direct the court to proceed with the trial of the accused on such other charge or charge sheet only; or 39

(iii) amend the charge to which the objection relates if permissible under rule 77 and direct the court to try it as amended.

(b) if it disapproves the decision of the court to allow the objection―

(i) direct the court to try the charge, or

(ii) convene a fresh court to try the accused.

79. Amendment of the charge by the court.― (1) At any time during trial, if it appears to the court that there is in the charge sheet;

(a) a mistake in the name or description of the accused; or

(b) a mistake which is attributable to a clerical error or omission, the court may amend the charge sheet so as to correct the mistake.

(2) If at any time during a trial, at which there is a Law Officer, it appears to the court, before it closes to deliberate on its findings, that it is desirable in the interests of justice to make any addition to, omission from or alteration in the charge(s) which cannot be made under sub-rule (1) of this rule, it may, if such addition, omission, or alteration can be made without unfairness to the accused, and with the concurrence of the Law Officer, so amend the charge(s).

(3) If at any time during trial, at which there is no Law Officer, it appears to the court, before it closes to deliberate on its findings, that in the interests of justice it is desirable to make any addition to, omission from or alteration in a charge which cannot be made under sub-rule (1) of this rule, it may adjourn and report its opinion to the convening authority, which may―

(a) amend the charge if permissible under rule 80 and direct the court to try it as amended after due notice of the amendment has been given to the accused; or

(b) direct the court to proceed with the trial of the charge without amending it; or

80. Amendment of charge by convening authority.― When a court reports to the convening authority under either rule 78 or rule 79, it may amend the charge which the court has reported to it by making any addition to, omission from or alteration in the charge which, in its opinion, is desirable in the interests of justice and which it is satisfied can be made without unfairness to the accused.

81. Plea in bar of trial. - (1) An accused before pleading to a charge may offer a plea that the trial is barred under section 97 or section 98 or on the ground that― 40

(a) a charge in respect of the offence has been dismissed as provided in sub-rule (3) of rule 47; or

(b) the offence has been pardoned or condoned by competent superior authority.

(2) If he offers such plea―

(a) the accused may adduce evidence in support of the plea and the prosecutor may adduce evidence in answer thereto; and

(b) the prosecutor may address the court in answer to the plea and the accused may reply to the prosecutor’s address.

(3) If the court allows the plea it shall record the same alongwith brief reasons in support thereof, and adjourn and report to the convening authority :

Provided that if there is another charge or another charge-sheet before the court, the court may, before adjourning under this rule, proceed with the trial of the accused on such other charge or the other charge sheet.

(4) When a court reports to the convening authority under this rule, the convening authority shall―

(a) if it approves the decision of the court to allow the plea―

(i) dissolve the court; or

(ii) where there is another charge or another charge-sheet before the court, to which the plea does not relate and which the court has not tried, may direct the court to proceed with the trial of the accused on such other charge or charge-sheet only;

(b) if it disapproves the decision of the court to allow the plea―

(i) direct the court to try the accused on the charge; or

(ii) where there is another charge or another charge-sheet before the court, to which the plea does not relate and which the court has not tried, direct the court to proceed with the trial of the accused on such other charge or charge-sheet only; or

(iii) convene a fresh court to try the accused.

82. Application for separate trial.― (1) Where two or more accused are charged jointly, any one of the accused may, before pleading to the charge, apply to the court to be tried separately on the ground that he would be prejudiced in his defence if he were not tried separately.

(2) Where the accused makes such an application, the prosecutor may address the court in answer thereto and the accused may reply to the prosecutor’s address.

(3) Where the court is of the opinion that the interests of justice so require, it shall allow the application and try separately the accused who made it.

83. Application for trial on separate charge-sheet.― (1) Where a chargesheet contains more than one charge, the accused may, before pleading to the charges, apply to the court to be tried separately on any charge in that charge-sheet on the ground that he would be prejudiced in his defence if he were not tried separately on that charge.

(2) Where the accused makes such an application, the prosecutor may address the court in answer thereto and the accused may reply to the prosecutor’s address.

(3) Where the court is of the opinion that the interests of justice so require it shall allow the application and try the accused separately on the charge to which it relates as if that charge had been inserted in a separate charge-sheet.

84. Pleading to the charge.― (1) After any plea under rules 77 and 81 and any objection under rule 78 and any applications under rules 82 and 83 have been dealt with, the accused shall be required subject to sub-rule (2) to plead either guilty or not guilty to each charge on which he is arraigned and the accused person’s plea guilty or not guilty shall be recorded on each charge.

(2) Where a court is empowered by section 115 to find an accused guilty of an offence other than that charged or guilty of committing the offence in circumstances involving a less degree of punishment or where it could after hearing the evidence, make a special finding of guilty subject to exceptions or variations in accordance with rule 107, the accused may plead guilty to such other offence or to the offence charged as having been committed in circumstances involving a less degree of punishment or to the offence charged subject to such exceptions or variations.

85. Acceptance of plea of guilty.― (1) Where an accused pleads guilty to a charge under either sub-rule (1) or sub-rule (2) of rule 84, the presiding officer or Law Officer shall, before the court decides to accept the plea, explain to the accused the nature of the charge and the general effect of his plea and in particular the difference in procedure when an accused pleads guilty and when an accused pleads not guilty.

(2) Where an accused pleads guilty, such plea and the factum of compliance of sub-rule (1) of this rule, shall be recorded by the court in the following manner― “Before recording the plea of guilty of the accused, the court explained to the accused the meaning of the charge (s) to which he had pleaded guilty and ascertained that the accused had understood the nature of the charge (s) to which he had pleaded guilty. The court also informed the accused the general effect of the plea and the difference in procedure, which will be followed consequent to the said plea. The court having satisfied itself that the accused understands the charge (s) and the effect of his plea of guilty accepts and records the same. The provisions of rule 85 (1) are thus complied with.”

(3) A court shall not accept a plea of guilty under sub-rule (1) or sub-rule (2) of rule 84, if―

(a) the court is not satisfied that the accused understands the nature of the charge or the effect of his plea; or

(b) the presiding officer having regard to all the circumstances, considers that the accused should plead not guilty; or

(4) (a) In the case of plea of guilty under rule 86, the court shall not accept the plea unless the convening authority concurs and it is satisfied of the justice of such course.

(b) The concurrence of the convening authority may be signified by the prosecutor.

(5) When a plea of guilty under either sub-rule (1) or sub-rule (2) of rule 84 is not accepted by the court or the accused either refuses to plead to the charge or does not plead to it intelligibly, the court shall record a plea of not guilty.

(6) When a court is satisfied that it can properly accept the plea of guilty under either sub-rule (1) or sub-rule (2) of rule 84, it shall record a finding of guilty in respect thereof subject to compliance of provisions of rule 88.

86. Plea on alternative charge.― (1) When an accused pleads guilty to the first of two or more alternative charges, the court, if it accepts the plea of guilty, shall record a finding of guilty in respect of the first charge and the prosecutor shall withdraw any alternative charge before the accused is arraigned on it.

(2) When an accused pleads guilty to one of two or more charges which are laid in the alternative other than the first of such charges, the court may― 43

(a) proceed as if the accused had pleaded not guilty to all the charges;

(b) (i) with the concurrence of the convening authority (which may be signified by the prosecutor) record a finding of guilty on the charge to which the accused has pleaded guilty and a finding of not guilty on any alternative charge which is placed before it in the charge sheet.

(ii) where the court records such finding, the prosecutor shall before the accused is arraigned on it withdraw any charge which is alternative to the charge of which the court has found the accused guilty and which is placed after it in the charge-sheet.

87. Order of trial where plea is guilty and not guilty.― (1) After the court has recorded a finding of guilty, if there is no other charge in the same charge sheet to which the accused has pleaded not guilty and no other accused who has pleaded not guilty to a charge in that charge sheet, it shall proceed with the trial as directed by rule 88.

(2) Where there is another charge in the charge-sheet to which the accused has pleaded not guilty (or there is another accused who has pleaded not guilty) to a charge in that charge-sheet, the court shall not comply with rule 85 until after it has dealt with such other charge or tried such other accused and has announced and recorded its finding in respect thereof.

88. Procedure on plea of guilty.― (1) When the court has recorded a plea of guilty in respect of the charge to which an accused had pleaded guilty, the prosecutor shall read the summary or abstract of evidence to the court and annex it to the proceedings or inform the court of the facts contained therein :

Provided that if an expurgated copy of the summary or abstract of evidence was sent to the presiding officer, the prosecutor shall not read to the court those parts of the summary or abstract of evidence which have been expurgated or inform the court of the facts contained in those parts, and shall not hand over the original summary or abstract of evidence to the court until the trial is concluded.

(2) After sub-rule (1) has been complied with, the accused may―

(a) adduce evidence of character and in mitigation of punishment; and

(b) address the court in mitigation of punishment.

(3) If from the statement of the accused or from the summary or abstract of evidence, or otherwise, it appear to the court that the accused did not understand 44 the effect of his plea of guilty, the court shall alter the record and enter a plea of not guilty and proceed with the trial accordingly.

(4) After sub-rules (2) and (3) have been complied with, the court shall proceed as directed by sub-rule (6) of rule 85 and rule 109.

89. Change of plea.― (1) An accused who has pleaded not guilty may at any time before the court closes to deliberate on its finding withdraw his plea of not guilty and enter a plea of guilty (including a plea of guilty under rule 86) and in such case the court shall, if it is satisfied that it can accept the accused’s changed plea under these rules, record a finding in accordance with the accused’s changed plea and so far as is necessary proceed as directed by rule 88.

(2) Where at any time during the trial it appears to the court that an accused who has pleaded guilty does not understand the effect of his plea or the nature of t

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