(1) (a) Any person BSF RULES 91 placed under arrest shall, at the time of being placed under arrest, be given in writing by the officer effecting the arrest the particulars of the charges against him.
(b) The said particulars shall be rendered in simple language and also explained to the accused.
(c) 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 orderly officer or the orderly 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.
1 [40A. (1) Not withstanding anything contained in these rules, the appointing authority may, at its discretion, place a person serving under him, under suspension:-
(i) where a 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 or 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[Provided that the Director-General may exercise the powers of suspension in respect of officers of the Force up to the rank of Deputy Commandant.
Provided further that the Director-General shall report the facts of each case immediately to the Central Government and all such orders of suspension shall become ab-initio void unless 1 Ins. by SO,187(E) dated 23th Mar 1984.
2. Ins. By SO, 544 Dated 15th Feb 2002.
BSF RULES 92 confirmed by the Central Government within a period of one month from the date of the said orders, irrespective of the fact that the suspension is revoked by the said authority within that period.]
(2) A member of the Force 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
(ii) with effect from the date of his conviction by a civil court on a criminal charge, if the sentence awarded is imprisonment for a term exceeding 48 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.
1 [(3A) “An order of suspension made or deemed to have been made under this rule shall be reviewed by the authority competent to modify or revoke such order before expiry of ninety days from the effective date of suspension and pass an order either extending or revoking the suspension and any subsequent review shall be made before the expiry of such extended period of suspension:
Provided that no extension of suspension shall be made for a period exceeding one hundred and eighty days a time.”]
(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) 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.]
1 Ins. by SO,2755(E) dated 6th Mar 2012.
BSF RULES 93
CHAPTER - VI CHOICE OF JURISDICTION BETWEEN SECURITY FORCE COURT AND CRIMINAL COURT