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Section 26

The Sikkim Armed Police Force Act,1981State Act of Sikkim · Act 8 of 1981

(1) In any suit or proceedings against any officer of the Force for any act done by him in pursuance of a warrant or order of a superior officer, it shall be lawful for him to plead that such act was done by hill} under the authority of such warrant or order.

(2) Any such plea may be proved by the production of the warrant or order directing the act, and if it is so proved, the officer of the Force shall thereupon be discharged from liability in respect of the act so done by him, notwithstanding any defect in the jurisdiction of the authority which issued such warrant or order.

(3) Notwithstanding anything contained in any other law, for the time being in force, any legal proceeding, whether civil or criminal, which may, lawfully be brought against any officer of the Force for anything done or intended to be done under the powers conferred by, or in pursuance of, any provision of this Act or the rules made thereunder, shall be commenced within two months after the act complained of was committed and not otherwise, and notice in writing of such proceedings and of the cause thereof, shall be given to the defendant or his superior officer, at least one month before the commencement of such proceedings:

Provided that such proceedings may, with the sanction of the State Government, be commenced at any time after the act complained of was committed.

Power to 27. (1) The State Government may, by notification in the Official Gazette, make rules' make; rules consistent with this Act for carrying out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing provisions, such rules may provide for all or any of the following matters, namely:-

(a) the constitution and administration of the Force;

(b) the number, classes and grades of the Force;

(c) recruitment, organisation, classification and discipline of members of the subordinate ranks;

(d) inspection of the Force;

(e) powers to be exercised by the Deputy Inspector General, Assistant Inspector General, Company Commander and Adjutant under the Act;

(f) description and quantity of arms, accoutrements, clothing and other necessaries to be furnished to the officers of the Force;

(g) pay, pension and other conditions of service of the members of the Force; .

(h) officers who may award minor punishments under section 21 ;

(i) any other matter which is to be or may be prescribed.

R~mova.1 of 28. If any difficulty arises in giving effect to the provisions of this Act, the difficulties, State Government may, by order, do anything not inconsistent with the provisions of this Act which appears to it to be necessary or expedient for the purpose of removing the difficulty:

Saving of prosecutions under other laws.

Protection for act of officer of Force.

Provided that no such order shall be made after the expiry of a period of two years from the commencement of this Act.

Where this provision sits

ActThe Sikkim Armed Police Force Act,1981
Section26
JurisdictionState of Sikkim
StatusIn force as published by the source

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