(1) For the purpose of sub-section (1) of section 4, the Force shall ,-
(i) promote a sense of security among the people living in the border areas;
(ii) prevent trans-border crimes, un-authorised entry into or exit from the territory of India;
(iii) prevent smuggling and any other illegal activity.
2 [(2) In discharging the functions under sub-rule (1), the responsibility for the command, discipline, morale and administration shall ,-
(a) in the case of Special Director-General, extend to all battalions, units, headquarters, establishments and Force personnel placed under him 3[***];
1. Explanation omitted by SO 436(E) date 29th May 1990.
2. Subs by SO, 2628(E) dated 25th Nov 2011. 3. Omitted by SO 436(E) dated 29th May 1990.
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(b) in the case of Additional Director-General, extend to all the battalions, units, headquarters, establishments and Force personnel placed under him 1[***];
(c) in the case of 2[Inspector-General,]extend to all battalions, units, headquarters, establishments and Force personnel placed under him 1[***].
(d) in the case of a Deputy Inspector-General, extend to all the battalions, other personnel and units placed under him; and
(e) in the case of a Commandant, extend to the battalion or unit placed under him.
(3) During hostilities, the Special Director-General, the Additional Director-General, the Inspector-General, the Deputy Inspector-General and the commandant shall discharge such functions as may be assigned by their respective superiors.]
(4) The command, discipline, administration and training of battalions, units and establishments not placed under a Deputy Inspector General or an Inspector-General shall be carried out by such officers and in such manner as may from time to time be laid down by the Director-General.
(5) Any member of the Force shall be liable to perform any duties in connection with the safeguarding of the security of the border of India, the administration, discipline 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 and any order given in this behalf by a superior officer shall be a lawful command for the purposes of the Act.
16. 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,
1. Omitted by SO 436(E) dated 29th May 1990. 2. Subs by SO, 2628(E) dated 25th Nov 2011.
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(b) If no second-in-command has been appointed, it shall devolve on the officer who may be appointed to officiate by the immediate superior of the officer unable to exercise command.
(c) If no such officer has been so appointed, command shall devolve on the senior most officer present.
(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 Force Headquarters by the officer who has assumed command.
(3) If persons belonging to different battalions and 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 battalion shall exercise command over persons belonging to his battalion.
(4) When officers and other persons belonging to the Force are taken prisoner by an enemy the exiting 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) Disciplinary powers over a person subject to the Act shall be exercised by the 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).
1 [Provided that when persons belonging to different battalions or units are working together, disciplinary powers in respect of such
1. Ins by SO 2628(E) dated 25th Nov 2011.
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(6) Where such a person is doing detachment duty, including attendance at a course of instruction the Commandant of the battalion, 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, 1[the Special Director-General, the Additional Director-General], the Inspector-General and the Deputy Inspector-General may specify one or more officers of the staff who shall exercise the disciplinary powers of a Commandant in respect of persons belonging to or doing detachment duty at their respective Headquarters.
2[Provided that an officer not below the rank of Deputy Inspector General commanding a training institution may specify one or more officers of the staff who shall exercise the disciplinary powers of a Commandant in respect of persons belonging to or doing detachment duty at their respective Training Institutions].
Explanation - In this rule, except in sub-rule (2), 2[sub-rule (5), and sub-rule (7)] the word “officer” shall include a subordinate officer and an under officer.
1. Ins. by SO, 2628(E) dated 25th Nov 2011.
2. Ins by SO, 1757(E) dated 19 April’2017.
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CHAPTER - IV TERMINATION OF SERVICE