Territorial Army (Amendment) Rules… 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.

Long title	Territorial Army (Amendment) Rules, 1964
Type	Rules
Year	1948
Jurisdiction	Central
Ministry	Ministry of Defence
Status	In force as published by the source
Text	Published as one document, as the source published it
Subjects	defence

APPENDIX II THE TERRITORIAL ARMY ACT RULES 1948 In exercise of the powers conferred by section 14 of the Territorial Army Act 1948 (LVI of 1948), the Central Government is pleased to make the following rules:-

1. Short title - These rules may be called the Territorial Army (Amendment) Rules, 1964. They extend to the whole of India.

2. Definitions - In these rules, unless there is anything repugnant in the subject or context:-

(a) “the Act” means the Territorial Army Act, 1948;

(b) “Form” means a Form as set out in Schedule 1;

(d) “Section” means a section of the act;

(e) “training year” means a period of twelve months beginning on the first day of April and ending on the thirty first day of March;

(f) the expression “Officer Commanding the Area” means the General or other officer commanding an Area or an Independent Sub Area, or an equivalent Commander within the limits of whose command the headquarters of a unit constituted under the Act is situated or such other officer as may be specified by the Central Government in this befhalf.

(g) “Provincial Unit” means a unit having training annually in camp.

(h) ‘Urban unit” means a unit having training throughout the year on the weekly drill system and at an annual camp”.

3. Constitution and zones –

(a) Units of the Territorial Army shall be raised on a zonal basis.

(b) Zones shall be constituted and defined by the Central Government by notification in the official Gazette.

(c) The Central Government may, by notification in the Official Gazette constitute for any zone, one or more provincial units or one or more urban units of the Territorial Army.

(d) Provided that the Central Government may, however it considers it necessary, direct that recruitment to Territorial Army units may be made from persons (being citizens of India) irrespective of their place of residence.

PART 1 - ENROLMENT

4. Qualifications of enrolment - No person shall be eligible for enrolment as a member of the Territorial Army -

(a) unless he is of good character: The Central Government may relax the condition prescribed in clause (c) in respect of any or all units of the Territorial Army.

(b) Unless he has attained the age of 18 years and has not attained the age of -

(i) 40 years in the case of enrolment in the Railways or Port, Dock, inland water Transport or Electrical and Mechanical Engineer units;

(ii) 45 years in the case of enrolment in Posts and Telegraphs units.

(iii) 45 years in the case of women employees of Posts and Telegraphs Department enrolled in the posts Telegraphs units.

(iv) 42 years in all other cases.(Auth-Letter No 52160/GS/TA-3(a) dated 08 Aug 85)

(d) unless he satisfies such standards of physical fitness in height, chest measurement and other respects as may be specified by the Ministry of Defence, Government of India;

(e) if he is in the service of the Central or a State Government unless he has obtained from the Government permission for enrolment and also a certificate to the effect that his services will forthwith be made available for service in the Territorial Army, whenever required;

(f) if he belongs to any Reserve Force.

(g) if he has any reserve liability.

(h) if he has at any time been convicted of an offence involving moral turpitude and a sentence other than one of fine or of imprisonment in default of payment of fine has been passed in respect of such offence, such sentence not having been subsequently reversed or remitted or the offence pardoned.

(j) if he has been ordered to give security for good behaviour under the Code of Criminal Procedure 1898.

(k) If he has been dismissed from the Territorial Army or the Auxiliary Forces (India or the Indian Territorial Force, Militia or the scouts, regular army or the Navy or the Air Force;

(l) if he has more than one wife living. Provided that-

(i) the Chief of the Army Staff, in any case, and any authority empowered by the Chief of the Army Staff in this behalf, in such cases and to such extent as the Chief of the Army Staff may specify, may relax the age limits prescribed by clause (b)

(ii) The Central Govt may relax the condition specified in clause (e) in respect of any unit or all units of the Territorial Army.

(iii) a person who is ineligible by virtue of the provisions in clause (h) or (j) may be enrolled if he produces a certificate that he is fit to be enrolled from the Govt of the State of which he is a resident.

(iv) The Central Government may, for special reasons exempt any person from the operation of clause (k).

5. Application for enrolment.

(a) A person desirous of being enrolled shall apply to the Officer Commanding a unit for service in which he desires to be enrolled or to an officer who is a recruiting officer or assistant recruiting officer for the purpose of the enrolment of persons under the Army Act, 1950, or to such other officer as may be appointed by the Central Government in this behalf.

(b) The officer to whom an application under sub-rule (I) is made shall cause the applicant to fill up and sign in his presence a statement set forth in Form I.

6. Verification - The officer aforesaid.

(a) shall satisfy himself in the manner laid down by the Central Government that the application is in order and that the applicant is eligible for enrolment under rule 4 and

(b) may make such further inquiry as he thinks necessary regarding the suitability of the applicant for enrolment in the unit.

7. Medical Examination - Where such officer is satisfied that the application is in order, that the applicant fulfils the conditions of enrolment, that he is suitable for enrolment in the unit in which he desires to be enrolled, and that a vacancy exists in that unit, he shall cause the applicant to be served with a notice requiring him to present himself for medical examination at a time and place to be specified in the notice.

8. Rejection - Where such officer is satisfied that the application is not in order or that the applicant does not fulfil the conditions of enrolment or that he is not suitable to be enrolled in the unit of his choice or if the applicant fails to comply with the notice served on him under rule 7 or is found to be medically unfit for service in the Territorial Army, such officer shall reject the application and shall inform the applicant accordingly. Such applicant shall, however, have a right of appeal against the decision of the officer who rejected his application to the Commander of the Sub Area in which the unit of his choice is located.

9. Method of enrolment.

(a) If the applicant is accepted for enrolment he shall be required to sign a declaration at the foot of Form I.

(b) Where the Officer referred to in sub rule (I) of rule 5 is satisfied that the applicant understands the questions put to him and consents to the conditions of service, he shall sign a certificate to that effect on the said Form, and the applicant shall thereupon be deemed to be enrolled.

10. Attestation.

(a) Every person enrolled shall be attested by his commanding Officer and for this purpose an oath or affirmation shall be administered to him in one of the forms specified in form II, or in such other form to the same purport as the Commanding Officer deems to be in accordance with the religion of the person to be attested or otherwise binding on his conscience.

(b) An entry of the fact that a person enrolled has taken the oath or affirmation directed by this rule shall be endorsed on the enrolment form signed by him and shall be authenticated by the signature of the Commanding Officer.

11. Period of enrolment - Subject to the provisions of Part III of these rules, the period of enrolment as a Member of the Territorial Army , in the case of every person who is accepted for such enrolment in the Territorial Army on or after the 1st day of January 1972, be seven years commencing on and from the date of his enrolment for service in the Territorial Army.

Provided that -

(i) the service of any person in the Territorial Army as aforesaid may be extended with the consent of the individual by two years at a time or by such longer periods as may be specified in this behalf by the Director Territorial Army, but the maximum period of service of any person in the Territorial Army shall not exceed Seventeen years for other ranks and *Twenty years for Non- Commissioned Officers commencing on and from the date of his enrolment for such service; (Auth-SRO 73 dated 6th April 1999)

(ii) nothing contained in this rule shall apply to a person enrolled prior to the 1st day of January 1972 except that such person shall not carry out reserve liability on expiry of this period of enrolment specified before the date aforesaid.

PART I-A - LIABILITY FOR COMPULSORY SERVICE IN THE TERRITORIAL ARMY

11A. Power to call upon persons to perform service in Territorial Army - Where the Central Government is of opinion that it is necessary so to do, it may, by a notification in the official Gazette, direct that all or any of the employees or certain classes of employees of a certain office or group of offices in a specified area, under the Central Government or a State Government or in the public utility service, who has or have attained the age of twenty years but has or have not completed the age of forty years, shall, when called upon to do so, perform service in the Territorial Army;

Provided that in selecting persons to perform service in the Territorial Army, the Central Government shall have regard to the age, physical fitness, qualifications, experience and also the nature of work, previously performed by the persons concerned while employed under the Government or in a public utility service and the work to be performed by him in the Territorial Army.

Note - (1) Officers and enrolled persons of the Territorial Army shall also be liable to perform military service beyond the limits of INDIA (Auth-PC No 71853/GS/TA 3/66-IS/62/D(GS-III)).

11B. Prescribed authority for purposes of sections 6A and 10A-

(a) The prescribed authority for the purpose of sub sections (2) and (3) of section 6A shall be the Central Government in all cases.

(b) The prescribed authority for the purpose of sub-section (4) of section 6A and clause (c) of section 10A shall -

(i) in relation to persons who are required to join the Territorial Army as enrolled persons, be the Director Territorial Army or the Recruiting Officer or the Assistant Recruiting Officer of the area or place in which such persons are for the time being employed:

(ii) in relation to persons who are required to join the Territorial Army as Junior Commissioned Officer, be the Director, Territorial Army or the Officer Commanding in the Area in which such persons are for the time being employed: and

(iii) in relation to persons who are required to join the Territorial Army as officers, be the Director, Territorial Army.

(c) The prescribed authority for the purpose of sub section (5) of section 6A shall be the Officer Commanding the Area in which the office of the employer is located.

11C. Obtaining particulars of persons liable for compulsory service - The authority specified in sub rule (2) of rule 11B may serve any employer with a notice in the form set out in Schedule 11B requiring him to furnish to such authority particulars specified in the Forms set out in Schedules 11C & 11D relating to any of his employees or class of employees who are liable under the Act to perform compulsory service in the Territorial Army within such period (not less than ten days after the service of the notice) as may be specified in the notice.

11.D. Collection of particulars of persons liable for compulsory service –

(a) Any person who is liable for compulsory service in the Territorial Army may be served with a written notice in the Form set out in schedule 11E by the authority specified in sub rule (I) of rule 11B requiring such person to fill up, sign and dodge the Form set out in schedule II-F with such authority and within such time (not earlier than seven days after the service of the notice) as may be specified in the notice.

(b) Every such person who has lodged the Form set out in schedule II-F with the authority under sub rule (1) shall be bound to report to that authority any change in the particulars given by him in that Form, within twenty one days of occurrence of such change.

(c) Every such person shall be bound to furnish such additional information as may be required from him by the authority.

11E. Liability to attend interviews, Tests and medical examinations - If the authority specified in sub rule (1) of rule 11B considers that a person who has lodged the form under rule 11D is qualified to join the Territorial Army as an officer or as an enrolled person, that authority shall serve upon such person a written notice in the Form set out in Schedule IIG requiring him to attend such interviews, undergo such tests and examinations, including physical tests, and submit to such medical examinations as may be specified in the notice. Any date or dates fixed for such interview, tests and examinations shall not be earlier than seven days after the service of the notice.

11F. Joining the Territorial Army-

(a) If the authority specified in sub rule (I) of rule 11B finds, after the interviews, tests and examinations referred to in rule 11E, and after making such further inquiries, if any, that a person is suitable for performing service in the Territorial Army, that authority shall serve upon that person a notice in the form set out in Schedule II-H stating that he shall join the Territorial Army as an officer, or Junior Commissioned Officer or enrolled person, and requiring him to present himself to such authority, and at such place, date and time as may be specified in the notice, such date being not

(b) On any person reporting to an authority in pursuance of a notice serviced under sub rule (I) that authority shall sign the following certificate at the foot of the Form set out in Schedule 11-H, namely :- Certified that ..............................(here insert the name of the person) has joined______________(here insert the Territorial Army unit where the person has reported) on_________(here insert the date of reporting as an officer/JCO/enrolled person) Place Date:- Signature of authority *(Delete whichever not applicable)

(c) Every person who joins the Territorial Army as an enrolled person in pursuance of a notice under sub rule (1) shall sign part I of the Form set out in Schedule II-I and, as from the date of such joining, be deemed to be enrolled in the Territorial Army for the same period for which persons are enrolled under rule II, and appointed to the unit indicated in the aforesaid notice. He shall also be attested as provided in rule 10 and a record of the fact shall be made in Part II of the said Form.

11G. Notices-

(a) Any notice to be served on a person under this part, shall be either personally delivered to such persons or sent to him by registered post at his last known address.

(b) When a notice has been served on any person under this part, the authority who issued the notice, may at any time, while that person remains liable for compulsory service under the Act, cancel it and, in any such case, shall cause to be served on that person a further notice cancelling the original notice.

(c) A notice served on any person under this part shall cease to have effect if, before the date on which he is thereby required to present himself he ceases to be liable for compulsory service in the Territorial Army.

11H. Mode of lodging forms - Any form to be lodged under this part shall be either delivered at the office of the authority with whom it is required to be lodged or sent by registered post to such authority.

11-I. Payment of travelling and other allowances - Every person liable for compulsory service in the Territorial Army, who is required to present himself in accordance with any notice under this part, shall be paid by the authority to whom he presents himself, travelling and other allowances at such rates as may be determined by Government from time to time.

Provided that such rates shall in no case be less than those admissible to the said person in his civil appointment under similar conditions.

11-J. Appeals.

(a) If any person liable for compulsory service in the Territorial Army or his employer, feels aggrieved by any notice issued under the rules in this Part, he may appeal against such notice to the authority specified in sub rule, (2).

(b) The authority to which an appeal may be made under sub rule (1), shall be-

(i) The Central Government, if the notice was issued by the ‘ADGTA, Army Headquarters’,

(ii) The Chief of the Army Staff, if the notice was issued by an Officer Commanding the Area or by a Recruiting or Assistant Recruiting Officer.

(d) Any notice against which an appeal has been made under this rule, shall be deemed to be suspended until the decision on the appeal is communicated to the appellant, and if the decision is against the appellant, the time fixed in the original notice for compliance shall commence from the day on which the decision of the appellate authority is communicated to him.

(e) Every appeal under this rule shall be forwarded in the first instance to the authority who issued the notice appealed against, and that authority shall forward the appeal to the appellate authority with his report thereon.

(e) (i) The decision of the Central Government on appeal under sub rule 2(i) shall be final.

(ii) Any person aggrieved by the decision of the Chief of the Army Staff on appeal under sub rule 2(ii) may file a revision to the Central Government and the decision of the Central Government thereon shall be final.

PART II - APPOINTMENT AND TRANSFER

12. Appointment.

(a) A person enrolled in the Territorial Army shall be appointed by the officer who enrolled him to a unit of the Territorial Army.

(b) Rules for appointment of officers of the Territorial Army shall be the same as for the regular army.

13. Transfer and attachment.

(a) Any person appointed to a unit under rule 12 may be transferred by the prescribed authority whether on disbandment of the unit or otherwise to another unit of the Territorial Army or the Director of Signals.

(b) Nothing contained in sub rule (1) shall be deemed to authorise the transfer without his own consent of any person appointed to a unit except when such transfer is deemed necessary and a period of emergency declared in this behalf in a notification published in the official gazette by the Central Government or such transfer is from one provincial unit to another similar provincial unit within the same zone, or from one uraban unit together similar urban unit in the same town.

(c) A person who desires to be transferred to another unit shall submit his application in writing to his Commanding Officer and in such application shall state reasons for desiring the transfer and the unit to which he desires to be transferred. There upon the transfer shall be effected in the case of an enrolled person by mutual agreement between his Commanding Officer and the Commanding Officer of the unit to which he desires to be transferred, and in the case of an officer by order of the prescribed authority.

(d) When a person belonging to a unit ceases to reside in the zone for which such unit is constituted he may be compulsorily transferred by the prescribed authority to a unit constituted for the zone in which he for the time being resides provided that he can be absorbed in such unit.

(e) Any person belonging to a unit may be attached by the prescribed authority at his own request or otherwise to any unit of the Territorial Army or to any unit of the regular army.

(f) Any person belonging to a unit who leaves his place of residence for the time being and thereby leaves the zone in which the unit wherein he is serving is constituted shall, if he does not intend to return to that zone, notify the prescribed authority in that zone of his change of residence.

(g) Where a person mentioned in sub rule (6) intended to return but did not in fact return to his zone within three months of his departure he shall immediately on the expiry of the said period send intimation in writing to the prescribed authority.

Explanation - In this rule, the expression “prescribed authority means -

(1) In the case of an enrolled person the Officer Commanding the Sub Area/Div/Independent Sub-Area/Indep Bde Gp/Indep Bde as the case may be within which the unit of the person is constituted or the Director Territorial Army or the Director of Signals.

(2) In the case of an officer the Director Territorial Army or Director of Signals.

PART III

14. Discharge –

(a) Every person enrolled shall, on becoming entitled to receive his discharge under the Act or these rules, be so discharge with all convenient speed.

(b) Any such person may be discharged as hereinafter provided on any of the following grounds namely-

(i) That he has been convicted by a criminal court of an offence punishable with transportation or imprisonment.

(ii) That he has in filling up any form prescribed by these rules or otherwise for the purpose of obtaining his enrolment made any statement which was false and which he knew to be false or did not believe to be true.

(iii) That his services are no longer required.

(iv) That he is medically unfit for further service.

(c) Discharge, dismissal, removal, retirement - Officers- Rules for the discharge, dismissal, removal and retirement of the officers of the Territorial Army shall be the same as for the regular army provided that the retiring age for the officers of the Territorial Army shall be as specified in the table below-

(d) Notwithstanding, anything contained in clause (c) of rule 14, the Territorial Army Officers who do not attend annual training camps for two consecutive years without securing the exemption, as provided for in subrule

(2) of 20 of these rules and who cannot urge any valid reasons, justifying their absence from such training, may, for reasons to berecorded in writing by the competent authority, be discharged from the Territorial Army service (Auth- SRO No 192 of 30 June 1981).

(e) An Officer of the Departmental (TA) units who resigns/is dismissed/ removed from his civil job of the concerned Department shall automatically relinquish his commission from the Territorial Army w.e.f. the date of release from the civil department. ***(Auth –CS No 274/I/90) TABLE **#Rank RETIRING AGE Brigadier 58 years or 4 years tenure whichever is earlier but not before 56 years of age. 59 years in case of AMC(TA) other than those employed in GH(TA).

Lt Col/Colonel 56 years or 4 years tenure whichever is earlier but not before 54 years of age.

Major and below 54 years of age.

Subedar Major/Risaldar Major 54 years or on completion of 34 years of service or for a period of service specified in the Regulations for the Army in India for his appointment whichever event may occur first.

Subedar/Risaldar/Jamedar Head Clk 54 years or on completion of 30 years of service which ever event occurs first.

Naib Subedar 54 years or on completion of 26 years service whichever event occurs first.

Note :- An Army Medical Corps (Territorial Army) Officer employed in a General Hospital (Territorial Army) shall retire from Territorial Army service on the date he attains the age of Superannuation under the civil rules of the State to which he belongs. **#(Auth –SRO 59 dated 29 Jan 1999).

15. (a) The authority competent to authorise the discharge of an enrolled person under the provisions specified in column I of the annexed table shall subject to the provision of sub rule 2 be the authority specified in the corresponding entry in coloumn 2 thereof.

Provision under which discharge authorised Authority competent to authorise discharge of enrolled person.

Sub rule (a) of rule 14 The Commanding Officer Clause (i) of sub rule (b) of rule 14 Clause (ii) of sub rule (b) of rule 14 Clause (iii)of sub rule (b) of rule 14 Sub Area or TA Gp Commander Do At any time during the enrolled person’s first two years of training if he is unlikely to become an efficient soldier or is untraceable , or does not report for training for a period of one year, or in the case of an unattested recurit at his own request, the Commanding Officer in all other cases, the Sub Area Comdr or TA Gp Commander.

Clause (iv) of sub rule(b) of rule 14 The Commanding Officer.

(b) Where a discharge is authorised under the provisions of clause (ii) and

(iii) of sub rule (b) of rule 14, the competent authority before authorising the discharge shall if the circumstances of the case permit, give the enrolled person an opportunity to show cause against the discharge, unless such discharge is at the request of the enrolled person.

(c) In a case in which the authority competent to authorize discharge under sub rule (1) is the Commanding Officer, the discharge may also be authorised by the Officer Commanding the Sub-Area, the Area, TA Group Commander , the General Officer Commanding-in-Chief a Command, the Chief of the Army staff or the Central Government, and in a case in which the authority competent to authorise discharge thereunder is the Officer Commanding sub-Area/TA Group Commander, the discharge may also be authorised by the Officer Commanding the Area, the General Officer Commanding-in-Chief the Command, the Chief of the Army Staff or the Central Government.

(d) Any enrolled person discharged under sub-rule (1) or subrule (2) shall have a right of appeal against the decision of the authority which authorised his discharge to the next higher authority provided that there shall be no appeal where the order of discharge is made by the Central Government.

(e) A discharge duly authorised under this rule shall be carried out by the Commanding Officer with all convenient speed.

16. Discharge on application –

(a) Any enrolled person not entitled to his discharge under the Act or these rules who is desirous of being discharged before the expiration of the period for which he was enrolled, shall apply in writing stating the reason for his application to the Officer Commanding the unit to which he is for the time being appointed.

(b) The Officer Commanding the unit shall, on receipt of such an application forward the same to the Sub Area or TA Group Commander or an equivalent or higher Commander who may in his discretion authorise the discharge of such applicant.

17. Discharge Certificate - Every enrolled person who is discharged from the Territorial Army shall be furnished by his Commanding Officer with a Certificate similar to that referred to in section 23 of the Army Act 1950.

PART IV – TRAINING

18. Military Training - Military training for Territorial Army unit shall consist of-

(a) Recruit Training

(b) Annual Training

(d) Voluntary Training and

(e) Service on the permanent staff

19. Recruit Training –

(a) Every person appointed to a provincial unit shall be liable for the purpose of undergoing recruit training, to be embodied under the orders of the Officer Commanding the Area/TA Group Commander in which the unit is located, for a period or periods not exceeding in the aggregate 30 days in any one year.

(b) Every member of an urban unit other than Railway Engineers units or Signal (Post and Telegraphs) units, or General hospital (TA) unit, shall be liable to undergo recruit training for a period of 32 days, during which period he may be embodied for not less than four consecutive days. This embodied period, may, however, be extended upto a maximum of fourteen consecutive days in all provided that, in so far as the additional period beyond the initial period of four days in concerned, the individual volunteers and obtains the written consent of his employer, if any.

(c) Every member of a General Hospital (TA) shall be liable for the purpose of undergoing recruit training to be embodied under the orders of the Officer Commanding the Area or TA Group Commander in which the General Hospital (TA) unit is located for a period not exceeding thirty days in any one training year. The training will be on urban system without a camp.

(d) Every member of a Railway Engineer unit or Signal (Post & Telegraph) unit shall be liable for the purpose of undergoing recruit training, to be embodied under the orders of the Officer Commanding the Area/TA Group Commander in which the unit is located for a period of thirty days in any one year.

(e) Every member of an Urban unit shall be liable for the purpose of firing the annual musketry course to be embodied for one day in the year in addition to the period prescribed in clause (b). Such periods of embodiment shall only take place on Sundays or other recognised holidays.

(f) The Officer Commanding of any unit may exempt either wholly or in part from liability to undergo recruit training any person who has in his opinion undergone adequate military training in the regular army or otherwise.

Explanation - For the purpose of clause (b), a day shall consist of 4 hours of actual military drill or instruction, and may be made up of fractions of a day not more than 4 in number.

20. Annual Training - (I) Every person who has undergoned the recruit training required by rule 19, or has been exempted from undergoing such training shall be liable to undergo annual training as hereinafter provided namely -

(a) Every such person who is appointed to a Provincial unit shall be liable to be embodied, ;under the orders of the Officer Commanding the Area/TA Group Commander in which the unit is located, for annual training for period not exceeding two calendar months in each training year, whether or not such person has been embodied for recruit training that year.

(b) Every such person who is appointed to an urban unit other than Railway Engineers unit or Signal (Post and Telegraph) unit or General Hospital (TA) unit shall be liable toundergo annual training for a period of not less than 36 days, and not more than 60 days, subject to the provision that he shall attend a minimum of three days training during every month for 9 months in the year excluding the days spent in camp. During the aforesaid period of training, he may, under orders of the Officer Commanding the Area/TA Gp Cdr in which the unit is located, be embodied for an annual camp of not less than fourteen consecutive days.

Explanation - For the purposes of clause (b) a day shall consist of 4 hours of actual military drill or instruction, and may be made up of fractions of a day not more than 4 in number.

(i) Every such person who is appointed to a General Hospital (TA) unit shall be liable to be embodied, under the orders of the Officer Commanding the Area or TA Group Commander in which the General Hospital (TA) unit is located, for annual training for a period of thirty days in each training year. The training will be on urban system without a camp.

(ii) Every such person who is appointed to a General Hospital (TA) unit may, under the orders of the Area or Independent Sub Area Commander or TA Group Commander, be embodied for a period not exceeding seven days for the purpose of passing prescribed trade tests; Provided that the individual volunteers and obtains the written consent of the employer, if any. The period of embodi ment shall count against the period of annual training as prescribed in clause (ba).

(c) Every member of a Railway Engineer Unit or Signal (Post and Telegraph) unit shall be liable, for the purpose of undergoing annual training, to be embodied under the orders of the officer Commanding the Area/TA Group Commander in which the unit is located, for a period of thirty days in each training year, whether or not such person was embodied for recruit training that year.

(d) Every person who is appointed to an urban unit shall be liable, for the purpose of firing the annual musketry course, be embodied for a period not exceeding one day in the year in addition to the period prescribed in clause

(b) of Rule 20(1).

The period of one day of embodiment for the purpose of firing annual musketry course may be increased to two days in cases where the training could not be completed in one day provided that the increased period on one day is within the maximum period of annual training laid down in clause (b).

Such period of embodiment shall only take place on Sundays or recognised holidays.

(e) Junior Commissioned Officers and other ranks (other than permanent staff) upto five per cent of the authorised establishment of the unit, may be employed at the discretion of the Area or |Independent Sub Area Commander or TA Group Commander for a period of seven days before training commences and for a period of four days after training ends, for the purpose of pitching and striking camp and issuing and taking into stores clothing and equipment etc.

(f) Every such person who is appointed to an Urban unit may, under the orders of the Area or Independent Sub Area Commander or TA Group Commander be embodied for a period not exceeding seven days for the purpose of passing prescribed trade tests, provided the individual volunteers and obtains the written consent of his employer if any. The period of embodiment shall count against the extended period of annual camp as prescribed in Clause (b).

(g) Every officer commissioned in the Territorial Army shall, for the purpose of appearing at the prescribed test in Hindi, be embodied for the period of actual duration of the test. Such period of embodiment shall count towards the period prescribed for annual training.

(h) Every such person may, under the orders of the Officer Commanding the Area/TA Group Commander be embodied with the consent of his employer, if any, for the purpose of participating in the ceremonial parade for a period upto four consecutive days. The period of embodiment shall be in addition to the period of annual training prescribed in clauses (a).(b) and (c).

(i) A person while embodied for annual training under clauses (a),

(b) or (c) may be ordered to participate; in a ceremonial parade for a period upto four consecutive days, in which case, the period of annual training for which such person was embodied shall be deemed to have been extended by number of days spent by him in training for and participation in such ceremonial parade.

(ii) The Officer Commanding of any unit may exempt wholly or in part, any person from the obligation to undergo the annual training prescribed by sub rule (1).

20-A. Post-Commission training for officers appointed to non-departmental TA units - Every officer commissioned in the Territorial Army shall be liable, for the purpose of undergoing post-commission training, to be embodied under the orders of the officer Commanding the Area in which the unit is located or the Territorial Army Group commander, for a total period not exceeding seventy-five days in a maximum of two modules within a period of two years from the date of being commissioned, in addition to the training prescribed by Rules 19 and 20. For imparting post commission training, Territorial Army officers of the nondepartmental TA units shall be attached to the corresponding Regiments/Battalions or deputed to any other training Institutions of the Army specifically approved by the Min of Def for this purpose. (Auth - Case No 68416/PCT/TA-2/665/B/D(GS-VI) Min of Def (Fin) u.o. No 846/GS/92 dt 16 April 1992).

20-B. Post-commission training for officers appointed to Departmental TA units - Every officer commissioned in the Territorial Army and appointed to railway engineer groups, port and inland water transport companies or communication zone signal companies (Post and Telegraphs), shall be liable, for the purpose of undergoing post-commission training, to be embodied under the orders of the Officer Commanding the Area in which the unit is located or the Territorial Army Group Commander, for a continuous period not exceeding thirty days (excluding the period of journey), within a period of two years from the date of being commissioned, in addition to the training prescribed by rules 19 and 20.

21. Voluntary training - Every person may be permitted to be embodied under the orders of the Officer Commanding the Area/TA Group Commander in which the unit to which he is appointed is located, for such periods of voluntary training as may from time to time be sanctioned by the Central Government in addition to the training prescribed by rules ;19 and 20.

21-A. Service on the Permanent Staff –

(a) Every enrolled person who volunteers with the written consent of his employer, if any, for employment of the permanent staff of a Territorial Army unit , may, if found suitable by the Commanding Officer of the unit, be embodied under the orders of the Officer Commanding the Area/TA Group Commander in which the unit is located for such period as he is required to fill a vacancy on the permanent staff of the unit.

(b) Every Officer who volunteers with the written consent of his employer, if any, for employment on the permanent staff of a Territorial Army unit, may if found suitable, be embodied under the orders of the ADGTA, for such period as he is required to fill a vacancy on the permanent staff of that unit or of any other unit of the Territorial Army to which he may be transferred.

22. Embodiment - For the purposes of clause (a) of rule 19, rule 20, rule 20-A, rule 20-B, rule 21 and rule 21-A, a person shall be deemed to be embodied with effect from the date specified for such embodiment in the order issued under the authority of the Officer Commanding the Area/TA Group Commander in which the unit is located or the ADGTA, as the case may be.

PART V - PAY AND ALLOWANCES

23. Pay and Allowances –

(a) Every person subject to the Act, shall be entitled to such pay and allowances as are specified in Schedule III.

(i) For every day of military training completed or duty performed in accordance with paragraph 15 of TA Regulations, provided that no pay and allowances shall be admissible for any days of such training or duty in excess of the number of days for which these rules provide and for the actual periods of journey to and from their permanent place of residence subject to a maximum of 7 days in all. @@For such journey period, the Government servants shall be allowed to draw pay and allowances at military rates, and if, the civil rates admissible to such Government servants are higher than the military rates, the Government servants shall also be allowed to draw the difference between these two rates and the extra expenditure involved shall constitute a charge against the head of expenditure to which the civil pay of the individuals concerned is debitable. Note-In the case of an urban unit, a day shall consist of 4 hours of actual military drill or instruction, and may be made up of fractions of a day not more than 4 in number.

(ii) For periods of actual attendance, and for such period, not exceeding two days, as is required by the students to reach a school of army instruction before the commencement of course, at authorised course of instruction in army schools with regular units or otherwise, including intervening Sundays and holidays and for the actual periods of journey not exceeding 7 days in all to and from their permanent place of residence. @@For such journey period, the Government servants shall be allowed to draw pay and allowances at military rates, and if, the civil rates admissible to such Government servants are higher than the military rates, the Government servants shall also be allowed to draw the difference between these two rates and the extra expenditure involved shall constitute a charge against the head of expenditure to which the civil pay of the individuals concerned is debitable. Provided that no such person shall be entitled to any such pay and allowances for any day or days for which he may be absent, except that a member of a provincial unit, who is embodied or called out for training, may be granted casual leave with pay and allowances on Sundays and notified public holidays at the discretion of the Commanding Officer and a member of Provincial or Urban unit, who is attending an authorised course of instruction in any army school, may be granted casual leave with pay and allowances on intervening Sundays and holidays at the discretion of the commandant of the School.

Note - ‘Period of journey’ will include any period spent on journey from permanent place of residence to parent unit and vice-versa.

(iii) For such period as a person is borne on the establishment of the permanent, administrative or instructional staff of a unit in the Territorial Army and for the actual periods of journey to and from their permanent place of residence subject to a maximum of 7 days in all. For such journey period, the Government servants shall be allowed to draw pay and allowances at military rates, and if, the civil rates admissible to such Government servants are higher than the military rates, the Government servants shall also be allowed to draw the difference between these two rates and the extra expenditure involved shall constitute a charge against the head of expenditure to which the civil pay of the individuals concerned is debitable (Auth-SRO-170 dated 14th March 1986).

Explanation - For the purpose of this Sub-clause an officer other than a Junior Commissioned Officer, shall be deemed to be borne on the establishment of the permanent staff of a unit during the period, not exceeding four days, he is taking over charge of an appointment on the said establishment from an officer holding that appointment. In the case of Quarter Masters of units or sub-units, the said period of four days may, for the purpose of taking over charge of stores including arms and ammunition, be extended upto a maximum of seven days at the discretion of Sub Area/Brigade/TA Group Commander.

Note - Pay and Allowances to personnel of the Territorial Army (employed on the permanent, administrative or instructional staff or embodied for service otherwise than for training) while under arrest or suspension, otherwise than for absence without leave, shall be governed by the terms of clause (b) of section 90 of the Army Act,

1950.

Any such personnel of the Territorial Army undergoing training shall not the entitled to any pay and allowances while under arrest or suspension.

(b) Every person subject to the Act shall be entitled to such pay and allowances as are specified in schedule IV for every day during which he is called out or embodied for military service.

Note I - Such person shall also be entitled to pay and allowances for the actual periods of journey to and from their permanent place of residence subject to a maximum of 7 days in all. Provided that for journey period under these rules, the Government servants shall be allowed to draw pay and allowances at military rates, and if, the civil rates admissible to such Government servants shall also be allowed to draw the difference between these two rates and the extra expenditure involved shall constitute a charge against the head of expenditure to which the civil pay of the individual concerned is debitable (Auth - SRO 170 dated 14th March 1986).

Note 2 - Persons employed on the permanent staff under Rule 21-A or embodied for service under Rule 33, shall on transfer from one unit/formation to another be allowed joining time with pay and allowances as admissible to regular army personnel. Such joining time will not, however, be allowed when persons are posted to embodied units or employed on the Permanent Staff from their place of residence and vice versa: they will be governed by the provisions of note 1 above.

(c) Pay of Government servants-Government servants who are members of the Territorial Army are entitled, when called out or embodied for training to pay and allowances at the rates admissible for the Territorial Army.

In cases where a Department of the Government of India, or its attached and subordinate offices or a State Government may have specially authorised in respect of its own servants who belong to the Territorial Army the payment of the differenceif any, between their civil pay and military pay at the rates above referred to, the extra expenditure involved shall constitute a charge against the ordinary head of expenditure to which the civil pay of the individuals concerned is debitable.

Every Government servant who is a member of the Territorial Army will intimate to his Commanding Officer the designation of head of the office or department to which he belongs for the time being during the period of his enrolled service. Summons to military training or service of any kind will be issued by the Commanding Officer through the head of the office with copies to the Controller of Defence Accounts concerned. After payment to the individual of whatever military pay and allowances are due to him, the Controller of Defence Accounts willintimate periodically to the head of the office, in the case of a non-gazetted Government servant, and to the audit officer, in the case of a gazetted officer, what remuneration and for what period, has been disbursed to the individual from DefenceEstimates.

PART VI - DISCIPLINE DURING TRAINING

24. Application of the Army Act, 1950, to enrolled persons-

(a) The Army Act, 1950 and the rules and regulations made thereunder in their application to enrolled persons of the Territorial Army during training shall, subject to the provisions of sub rule (2), be modified in the manner and to the extent specified in Schedule II in the case of males and Schedule II-A in the case of females.

(b) Enrolled persons not being females who are serving on the permanent staff of a unit or are undergoing training at the National Defence Academy shall be subject to the said Act and the rules and regulations made thereunder without any modifications.

25. Authority for purpose of Section 10 - The prescribed authority for the purpose of Section 10 of the Act shall, in case where the accused is below the rank of warrant officer, be the Officer Commanding the unit to which the accused belongs, and in the case of a warrant officer be the Officer Commanding the Sub-Area or equivalent Commander in which the accused’s unit is located.

26. Recovery of Fines –

(a) A fine imposed under Section 10 of the Act or under Clause (b) of rule 30 or sub-clause (v) ofclause (a) of rule 31 may be recovered in the following manner, that is to say-

(i) By the officer imposing the fine from the pay and allowance and other public money due to the person on whom the fine is imposed.

(ii) If the officer imposing the fine is unable to recover the same he shall send a certified copy of the order to the District Magistrate or the Chief Presidency Magistrate as the case may be, having jurisdiction in the area in which the fine has been inflicted, and such Magistrate shall recover the fine in accordance with the provisions of the Code of Criminal Procedure, 1898, as if it had been imposed by him, and shall remit the amount recovered to the officer concerned.

(b) All fines recovered shall be credited to the Government.

27. Prescribed Officer under Section 12- The certificate referred to in Section 12 of the Act shall be signed by the commanding Officer of the unit to which the person concerned belongs.

URBAN UNITS

28. Offences - Every enrolled person of an urban unit when undergoing military training without having been embodied for the purpose commits an offence, if he does any of the following acts, namely.

(a) when on parade, engaged on any military duty or wearing the uniform of the Territorial Army-

(i) strikes, or uses or offers violence to or uses threatening or insubordinate language to, or behaves with contempt to, his superior officer; or

(ii) disobeys any standing order of, or lawful command given by his superior officer; or

(iii) neglects to obey a general or garrison order made specially applicable to the Territorial Army, by the Officer Commanding the unit to which he belongs; or

(iv) is in a state of intoxication; or

(v) being a warrant officer or a non-commissioned officer strikes or ill-treats any person subject to the Army Act, 1950, or to the Act, who is his subordinate in rank or position.

(b) without sufficient cause fails to appear at the place of parade at the time fixed or to attend at any place in his capacity as a member of the Territorial Army, when duly required so to attend, or when on parade, without sufficient cause quits the rank;

(c) without sufficient cause fails to perform any part of the training which by or under the Act he is required to perform;

(d) strikes, or uses or offers violence to any person whe ther subject to Army Act, 1950, or to the Act or not, in whose lawful custody he is placed, and whether such person is or is not his superior officer;

(e) resists an escort whose duty it is to arrest him or detain him in military custody;

(f) being under arrest or detention or otherwise in lawful military custody escapes or attemps to escape;

(g) when in charge of any property belonging to the Government, or to a unit of the Territorial Army, dishonestly. misappropriates or converts to his own use, or is concerned in such misappropriation or conversion of any such property.

(h) wilfully injures, or by culpable neglect loses or causes injury to, any such property as is mentioned in clause

(i) wilfully ill-treats a horse or other animal used in the public service;

(j) knowingly furnishes a false return or report of the number or state of men under his command or change, or of any money, arms or ammunition, clothing, equipment, stores or other public property in his charge;

(k) through design or culpable neglect, omits to make or send any return of any matter mentioned in clause (j) which it is his duty to make or send;

(l) when it is his official duty to make a declaration respecting any matter, makes a declaration respecting such matter which he either knows or believes to be false or does not believe to be true;

(m) knowingly makes against any person subject to the Army Act, 1950, or to the Act, an accusation which he either knows or believes to be false or does not believe to be true;

(n) falsely personates any other person at any parade or on any occasion when such other person is required by or under the Act to do any act or attend at any place; or abets any such act of personation.

29. Disposal of Offences - An Officer Commanding an urban unit shall, subject to the provisions of section 10 of the Act and after investigation of a charge made against an enrolled person appointed to that unit, or any offence specified in rule 28 deal with the matter in one or other of the following ways, that is to say, he may-

(a) dismiss the charge; or

(b) deal with the case summarily; or

(d) refer the matter to superior authority for instructions and deal with it accordingly.

30. Summary punishments - A commanding officer dealing summarily with an offence under rule 28 may inflict punishment according to the following scale, that is to say, he may -

(a) order dismissal of the offender, below the rank of a noncommissioned officer from the Territorial Army with or without forfeiture of all or any arrears of pay and allowances and other public money due to him at the time of such dismissal; or

(b) order the offender to pay a fine not exceeding Rs. 100; or

(c) order stoppages of pay and allowances until any proved damage or loss occasioned by the offence of which theoffender is charged is made good;

(d) severely reprimand the offender; or

(e) reprimand the offender;

Provided that in every case in which the officer proposes to order the offender to pay a fine he shall first ask the offender whether he claims to be tried by criminal court, and if the offender does so claim , he shall take steps for bringing the offender to trail by a criminal court.

31. Summary punishment of Warrant Officer and Non-Commissioned Officer- An Officer having powers not less than that of Sub-Area or equivalent Commander dealing summarily with an offence under rule 28 may award any of the following punishments-

(a) In the case of a Warrant Officer-

(i) Dismissal.

(ii) Reduction to a lower grade or place in the list of his rank or to the ranks.

(iii) Forfeiture of seniority or rank.

(iv) Severe reprimand or reprimand.

(v) Fine.

(vi) Stoppages of pay and allowances until any proved loss or damage occasioned by the offence of which the offender is charged is made good. Provided that in every case in which the officer proposes to order the offender to pay a fine he shall first ask the offender whether he claims to be tried by a criminal court, and if the offender does so claim, he shall take steps for bringing the offender to trial by a criminal court.

(b) In case of Non-Commissioned Officers-

(i) Dismissal.

(ii) Reduction to a lower class or a lower rank or to the ranks.

(iii) Forfeiture of seniority of rank.

32. (a) Any enrolled person who deems himself wronged by any superior or other officer may complain to the officer under whose command or orders he is serving.

(b) When the officer complained against is the officer to whom any complaint should, under sub-rule (a) be referred the aggrieved person may complain to such officer’s next superior officer.

(c) Every officer receiving such complaint shall inquire into it, and when necessary, refer it to superior authority; provided that a decision by an authority competent to dispose of the matter complained of shall be final.

(d) Every such complaint shall be preferred through such channels as may from time to time be specified by the appropriated authority.

PART VII

33. Every officer and every enrolled person of the Territorial Army shall by order of the Central Government or by order of such other authority as may be empowered by the Central Government in this behalf, be liable, to be called out to act in support of the civil power or to provide essential guards or to be embodied for the purpose of supporting or supplementing the regular army.

Provided that an officer or an enrolled person who volunteers with the written consent of his employer, if any, for an appointment with a Headquarters or a unit of the Regular Army, may if found suitable, be embodied with the Headquarters or the unit of the Regular Army, as the case may be, under the orders of he Director Territorial Army.

34. Every officer and every enrolled person when called out or embodied as in rule 33, shall under the orders of the Commander of the Sub-Area in which the unit to which he is attached may for the time being be serving, act in support or supplement the regular army.

(a) Disembodiment on compassionate grounds-An Officer or enrolled person embodied under rule 33 may be disembodied on compassionate grounds under the orders of the following authorities, namely (Auth - SRO 326 dated 01 Nov 1973):--

(i) Officer - Director, Territorial Army

(ii) JCO - Commander Territorial Army Group Headquarters or Area/Sub Area/ Brigade Commander.

(iii) Enrolled - Officer Commanding Territorial Unit.

Person.

PART VIII - RENISTATEMENT AFTER COMPLETION OF MILITARY SERVICE

35. Prescribed Authority Under 7A - The prescribed authority, referred to in the provison to sub-section (l) of Section 7A,shall-

(a) in respect of any area within the presidency town of Bombay, Calcutta or Madras, be the Chief Judge of the Court of small Causes within the local limits of whose jurisdiction the person claiming reinstatement was employed immediately before he was required to perform military service under Section 7, and

(b) in respect of any other area, be the District and Sessions Judge within the limits of whose jurisdiction such person was employed.

36. Nature of inquiry by prescribed authority - Where a refrence is made by any party under the proviso to sub-section (l) of section 7A to the authority referred to in rule 35, a copy of such reference shall be served upon the opposite party and the said authority shall decide the matter after giving both the parties a reasonable opportunity of being heard and after making such further inquiry, if any, as it thinks fit.

37. Prescribed rights under Section 7B - When any person subject to the Act is required military service under section 7-

(a) he may, at his option continue to subscribe to any provident or superannuation fund or other scheme for the benifit of employees maintained in connection with the employment which he relinquished immediately before he was called out embodied or attached for military service, at such rates a applicable to him under the rules of such fund or scheme.

(b) the employer by whom such person was employed shall continue to credit such person’s account in the fund or scheme with the amount subscribed and the interest on the amount in such account in accordance with the rules of the fund or scheme; and

(c) such person may, if the rules of the fund or scheme so permit and in accordance with such rules, withdraw sums from the amount, standing at his credit in the fund or scheme; and for the purpose of calculating the amount of contribution or withdrawal admissible, such person’s salary shall be deemed to be the salary which he would have received had he not been so called out, embodied or attached.

SCHEDULE I I.A.F.(T.A.)-1 Territorial Army Enrolment Form FORM I (See Rules 2, 5, 9(a) and 10(a)) NOTE-Names should be hand-printed Enrolment of No............................ Name .................................. in the........................................ ...........unit Category in which the person desires to be enrolled..................................................................

(Also enter rank and entry rate of pay e.g. ‘Sepoy (Normal Entry Rate)’, ‘Sepoy (Matric Entry Rate).

Questions to be put before enrolment Number

1. What is your name ? 1

2. What is your father’s name and address ? 2

2A. (i) Are you married ? 2A(i)

(ii) If married, how many wives have you got living at present? 2A(ii)

(iii) If you have more than one wife living, state whether permission of the Government of India to your enrolment has been obtained quoting authority 2A(iii)

3. Are you a citizen of India ? 3

4. What is your Village, Thana/Police Station/Taluk, Tehsil/District and State? 4

5. What is your (a) Post Office ? 5(a)

(b) Telegraph Office ? 5(b)

6. What is (a) your nearest Railway station ? 6(a)

(b) the distance from railway Station to your home ? 6(b)

7. What is your present trade, profession or occupation ?

(See not 1 below) 7

8. What is your (a) nationality 8(a)

(b) religion ? 8(b) Question to put before enrolment Number

9. Where are you employed ? 9

10. What are your educational qualification ? 10

11. What is your age ? 11

12. Have you ever been convicted by a Criminal Court, and if so, in what circumstances, and what was the sentience ? 12

13. Do you now belong to the regular forces, the Reserve or the Indian States Forces of the Nepal State Army ? 13

14. Have you ever served in the regular forces, the Reserve or the Indian State Forces or the Nepal State Army ? If so, state in which, the period of service and the cause of discharge ? 14

15. Are you willing to be enrolled under the Territorial Army Act, 1948 ? 15

16. In which unit do you desire to be enrolled ? 16

17. Are you willing to undergo military training and to perform military services as specified in the Act and to allow no caste usages to interfere with your military duty ? 17 Note – Non interference with caste usages will be observed exactly as in the case of the regular forces.

18. Are you willing to serve until discharged as provided in the Act ? 18

19. Have you ever previously applied for enrolment under the Act, and if so with what result ? 19

20. Have you been dismissed from the Territorial Army ? 20

21. Are you willing to be vaccinated or re- vaccinated ? 21

22. Are you in receipt of any allowances from Government ?

If so, on what account ? 22 Note I - In the case of technical personnel a certificate or other documentary evidence of technical proficiency will be required from his employer.

Signature or thumb impression of applicant..........................

Witnessed by.........................................................................

Declaration on acceptance for enrolment I solemnly declare that the answers I have given to the question in this form are true and that no part of them is false, and that I am willing to fulfil the engagement made.

Signature or thumb impression..............................................

Certified that the applicant understands and agrees to the conditions of enrolment.

Signature of enrolling officer.....................

Date of Enrolment........................................

FORM II FORM OF OATH I..................................do swear in the name of God that I will bear true faith and allegiance to the Constitution of India as by law established and that I will, as in duty bound, honestly and faithfully serve in the Territorial Army of the Union of India and go wherever ordered, by air, land or sea, and that I will observe and obey all command of the President of the Union of India and the commands of any officer set over me even to the peril of my life.

***FORM OF OATH (For AMC (TA) officers and personnel in General Hospitals(TA)) I, _______________do swear in the name of God/do solemnly ffirm that I will bear true faith and allegiance to the Constitution of India as by law established and that I will, as in duty bound, honestly and faithfully serve in the Territorial Army of the Union of India in any General Hospital(TA) in the State___________and go by air or land as ordered and that I will observe and obey all commands of the President of the Union of India and the commands of any officer set over me even to the peril of my life.

(SIGNATURE) Sworn duly affirmed before me at_________this_________day of _________________197 Station : Signature of attesting officer (with stamp) Dated :

***(Auth-SRO No 106 of 2nd April 1973) FORM OF AFFIRMATION I.......................................do solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established and that I will, as in duty bound, honestly and faithfully serve in the Territorial Army of the Union of India and go wherever ordered, by air, land or sea and that I will observe and obey all commands of the President of the Union of India and the commands of any officer set over me even to the peril of my life.

(I) I agree to extend my Territorial Army Service for ...........years with liability to transfer to the Reserve until I have completed the total period of Service for which I am liable under this enrolment.

Signature....................................

Signed in my presence at ....................................this ...................day of ..........................19.

Signature of Commanding Officer

(2) I agree to extend my Territorial Army Service for ...........years with liability to transfer to the Reserve until I have completed the total period of Service for which I am liable under this enrolment.

Signature....................................

Signed in my presence at ....................................this ...................day of ..........................19.

Signature of Commanding Officer ..............................

(3) I agree to extend my Territorial Army Service for........... years with liability to transfer to the Reserve until I have completed the total period of service for which I am liable under this enrolment.

Signature....................................

Signed in my presence at ....................................this ...................day of..........................19.

Signature of Commanding Officer ..............................

TRANSFER TO THE RESERVE Name................................... was transferred to the Reserved from (date)........................

He was not given the option of Strike out the line which is extending his Army Service/or not applicable -- He was given the option of extending his Army Service but elected not to exercise it.

Signed at..........................this ............................dat of .........................19 Signature of Commanding Officer..............

DESCRIPTION ON ENROLMENT (See instructions below) To be completed by Recruiting Officer *Date of birth/Apparent age Years.

(a) Chest measurement:-- Minimum........................inches Maximum.......................inches Height.....................feet................inches Weight............................pounds.

To be completed by Medical Officer.......................I consider him fit/unfit for the Army **Category (A, B or C) Identification marks or Cause or unfitness Date........................

Place.......................

(a) To be completed by the M.O. of the unit in the case of a recruit enrolled at unit headquarters.

(b) The measuring tape should be applied evenly but not lightly, its upper edge touching the lower border of the shoulder blades and its lower edge passing just over the nipples, the arms hanging by the sides. The minimum measurement will be taken after the breath has been expelled from the chest and the maximum when the chest is fully expanded. There should be a difference of at least 2 inches between the minimum and maximum measurements.

________________________________________________________________________ *Should tally with age given in one of these certificates :-

(i) Birth certificate, (ii) High School Examination (or equivalent examination) certificate, (iii) School-Leaving Certificate. If a man is not in possession of any of these certificates, the age shall be assessed by the enrolling officer.

**Insert here A, B, C.

SCHEDULE II (See Rule 24) Modification of the Army Act, 1950

1. Sections 2, 4 to 8, 13 to 17 and 22 to 24 shall be omitted.

2. In clauses-(a) and (b) Section 80, for the words ‘Twenty-eight days’ the words ‘Ten days’ shall be substituted.

3. Subject to the provisions of Section 73 of the Army Act 1950 the punishment awarded for any of the military offences under the said Act, except those under Section 34, 37 and 49 thereof shall not exceed a term of imprisonment for a period of six months.

4. Section 69, 70, 75, 76, 78 Clause (j) of Section 80, Section 98 and 106 shall be omitted.

Modification of Army Rules

1. Chapter II shall be omitted.

2. Chapter III shall be omitted excluding Rules 17 and 18

3. Rules 183 shall be omitted.

4. In Rule 187 sub-rules (l) and (2) shall be omitted and in sub-rule (3) the following item shall be added, namely- “(g) Each unit constituted under sub-section (2) of section 3 of the Territorial Army Act, 1948”

5. Rules 189, 190 and 91 shall be omitted.

SCHEDULE II-A (See Rule 24) MODIFICATION OF THE ARMY ACT 1950, IN SO FAR AS IT IS CAPABLE OF APPLICATION TO FEMALES

1. All the Sections directed to be omitted in Schedule ll shall also be omitted for the purpose of this Schedule.

2. Of Section 34 to 68 only clause (a) and (b) of Section 39 and Section 63 shall apply and in their application shall be read a follow:- ’39. Absence without leave- Any person subject to his Act who commits any of the following offences that is to say-

(a) absent herself without leave.

(b) without sufficient cause overstay leave granted to her shall, on conviction by court martial, be liable to suffer any one or more of the punishments specified in clauses (e) to (l) of Section 71 of the Act.

63. Violation of good order and discipline.

Any person subject to this Act who is guilty of an act or omission prejudicial to good order and discipline, shall on conviction by court material, be liable to suffer any one or more of the punishments, specified in clauses (e) to (l) of Section 71 of the Act.

3. Clauses (a) (b), (c) and (d) of section 80 shall be omitted.

MODIFICATION OF ARMY RULES

1. Chapter II shall be omitted.

2. Chapter III shall be omitted excluding Rules 17 and 18

3. Rules 183 shall be omitted.

4. In Rules 187, sub-rules (l) and (2) shall be omitted and in sub-rule (3) the following item shall be added namely.

“(g) Each unit constituted under sub-section (2) of Section 3 of the Territorial Army Act 1948.”

5. Rules 189, 190 and 191 shall be omitted.

SCHEDULE II-B (See rule II-C) (Warning- Failure without sufficient cause to comply with the notice is an offence punishable under section 10 A of the Territorial Army Act,1948, (56 of 1948).

To _______________ _______________ Whereas you are in-charge of the management of a public utility service as defined in clause (dd) of section 2 of the Territorial Army Act, 1948:

And whereas it is desired to know the particulars of the persons employed under you are liable to perform compulsory service in the Territorial Army under sub-section (l) of section 6A of the said Act;

Now therefore by virtue of the powers conferred on me under sub-section (5) of section 6A of the said Act read with rule IIB and IIC of the Territorial Army Rules 1948, I hereby require you to furnish (in duplicate/triplicate) the particulars shown in the attached Form (Schedule II-D) in respect of each person employed under you is liable to perform service in the Territorial Army under sub-section (I) of section 6A of the said Act.

The particular should reach the office of the undersigned by_____________________ Place : Signature.......................

Date : Designation..................

________________________________________________________________________ (Note :- The provisions of the TA Act and rules referred to in this form should be reproduced in extenso on the back of the Form).

Schedule II-C (See Rule II-C) To The _______________ _______________ Dear Sir, Reference your notice No____________dated_____________requiring me to furnish particulars of our employees who are liable for compulsory service in the Territorial Army under section 6A of the Territorial Army Act, 1948, I hereby forward the required information on the prescribed from (Schedule II-D) in duplicate/triplicate.

I hereby certify that the names of none of our employees who are liable for compulsory service in the Territorial Army have been omitted from the annexed lists.

Signature of person in charge of management.

Date :

Place :

N.B.- All information must be given in block capitals.

Schedule II-D (see Rule II-C) ________________________________________________________________________ S.No. Name Father’s Name Nationality Date of Birth ________________________________________________________________________ 1 2 3 4 5 ________________________________________________________________________ Educational Permanent Appt held Weather Signature of and technical address and experience convicted the employee qualification for any criminal offence during the period of current employment?

If So particulars thereof ________________________________________________________________________ I hereby certify that the information given above is correct to the best of my knowledge and any change that may occur in the above will be notified to you on or before 20th of each month. I also declare that in the event of any of the above employees being called up for training or service I shall make him available for such training or service in the Territorial Army as and when required.

Signature of person in-charge of management Seal Schedule II-E (See Rule II-D) Warning – Failure without sufficient cause to comply with this notice is an offence punishable under section 10A of Territorial Army Act, 1948 (56 of 1948) To --------------------- --------------------- Whereas, according to information received, you are a person employed under Government or in a public utility service which has been so declared in the notification of the Government of India in the Ministry of ...............

No.............................dated....................................to which the territorial Army Act, 1948 (56 of 1948) applies.

And whereas it is believed that you have attained the age of 20 years but not completed the age of 40 years and are not a person who is or has exempted from the operation of the said Act.

And whereas it is necessary to obtain the required information from you; Now therefore by virtue of the power conferred on me by sub-section (4) of section 6A of the said Act read with rule IIB and IID of the Territorial Army Rules 1948, I..............................................................hereby require you............................to fill up tha attached From (Schedule II-F) in duplicate/triplicate sign and deliver or cause the same to be delivered to me or my office, by..........................................at the latest or send the same to me by registered post, so that it reaches m e by date aforesaid Signature.......................

Designation...................

Place :

Date :

________________________________________________________________________ Note - The TA Act Sections and TA rules referred to should be reproduced on the back of the form.

Schedule II-F (see Rule II-D)

1. Name in full (Block letter)

2. Postal and Telegraphic Address :- Official Residential Permanent Home

3. Father’s name and postal Address.

4. If dead, give last address, his profession and status

5. Are you a citizen of India by birth and /or by domicile ?

6. If not, state your nationality.

7. Religion.

8. Date and place of birth. (Documentary proof required)

9. Present employment.

10. Present emoluments.

11. Date from which employed with the present employer.

12. How long is your employment to last ?

(If employment is on contract, state term of contract).

13. Are you liable to transfer? If so, where and how often?

14. Present employers.

15. What are your prescribed working hours ?

16. Educational Qualification :

Qualifications School/ Collage attended

17. Technical/ Professional Qualifications :- Qualifications Institutions Date of Date of attended entry leaving

18. Previous experience (Civil or services) Nature of employment Name of employer Duration of employment with dates.

19. Have you ever served Army, Navy or Air Force, Indian Territorial Army, National Cadet Core, State Forces?)

20. If so, State- Service Units Ranks, status and capacity Date of joining Date of leaving Cause of leaving Character on discharge (if applicable) Last rank held Personal and Regimental number Decoration held Courses of Instructions attended and qualification obtained.

21. Were you ever convicted by a Criminal Court, Court Martial or other service authorities?

If so, state the offence charged and the sentence/award.

22. Are you now a member of any of the Reserve Forces? If so, give details.

23. Are you now a member of the National Cadet Corps? If so, give details.

24. Have you ever previously applied for enrolement or Commission in the Territorial Army? If so, with what result?

25. Which arm/service will you prefer, if you are called up for service in the Territorial Army ?

I hereby declare that the information given by me in this form is correct to the best of my knowledge and belief.

Place Signature of person Date Required to fill up this form Forwarded in compliance with your notice.

No Dated To ..............................................

..............................................

SCHEDULE II-G (See Rule II-E) Warning - Failure without sufficient cause to comply with this notice is an offence punishable under section 10A of the Territorial Army Act, 1948 (56 of 1948).

To ...........................................

...........................................

Whereas it appears from information submitted by you to ................................. that you are liable for compulsory service in the Territorial Army;

And whereas it is necessary that your suitability for performing service in the Territorial Army should be determined in accordance with the rules and regulations of the Territorial army;

Now, therefore, by virtue of the powers conferred on me by clause (c) of section 10A of the Territorial Army Act, 1948 (56 of 1948) I hereby require you..........................................to present on ........................................ at ........................ AM/ PM or on such adjourned date or time as may be intimated to you on the date/dates fixed, for interview/examination/medical examination, by ..........................................

(Please bring the following documents with you).

.........................................................

Travelling and other allowances admissible under the rules will be paid to you at the conclusion of the interview/examination/medical examination.

Your appeal, if any, against this notice should be made to ....................................

*within fifteen days of the receipt of this notice by you.

*See Rule II-J Place Date Signature Designation (Note-TA Act Sections and TA Rules referred to should be re-produced on back of the form).

SCHEDULE II-H (See Rule II-F) Warning - Failure without sufficient cause to comply with the notice is an offence punishable under section 10A of the Territorial Army Act, 1948 (56 of 1948).

To .....................................................

.....................................................

Whereas you......................are a person liable for compulsory service in the Territorial Army under section 6A of the Territorial Army Act, 1948 (56 of 1948);

And whereas you have been selected to join the Territorial Army as an Officer in the rank of............................................. Junior Commissioned Officer in the rank of .......................

Enrolled persons in the rank of ...........................................And whereas it is necessary that you should be called up for performing service in the Territorial Army;

Now, therefore, by virtue of the powers conferred on me by sub-section(2) of section 6A of the Territorial Army Act, 1948 (56 of 1948) read with rules II-B and II-F of the Territorial Army Rules 1948, I......................................................

appoint you to...........................................(unit) and hereby require you...............................................to present yourself to ...............................at.........................on...........at...............

AM/PM with this notice.

Travelling and other allowances admissible under the rules will be paid to you by .......................................................

Your appeal, if any, against this notice should be made to................................*within fifteen days of the receipt of this notice by you.

Place Date Signature Designation Note - TA Act Section and TA Rules referred to should be reproduced on the back of the form).

*See rule II-J.

SCHEDULE II-I (See Rule II-F(3))

PART I (To be completed on the date a person reports in compliance with a notice under sub-rule (I) of rule II-F).

I understand that as from.............................the date I joined the Territorial Army in compliance with notice No.........dated..........................served upon me on ....................under rule........................I have become a member of the Territorial Army as on enrolled person and I am liable to serve therein for a period of ............................ years in the Territorial Army and .........................years in the Territorial Army Reserve and that service in Territorial Army may be extended by two years at a time or such longer periods as may be specified in this behalf by the ADGTA so as to complete a total period of.......................years in the Territorial Army.

I also understand that I will be entitled to discharge from the Territorial Army only as provided in the Territorial Army Act, 1948 (56 of 1948) and the Territorial Army Rules, 1948.

Place Date Signature of individual..............

Signature of Commanding Place Officer................

Date EXTENSION OF TERRITORIAL ARMY SERVICE IN LIEU OF TRANSFER TO THE RESERVE (I) I agree to extend my Territorial Army Service for...............years with liability to transfer to the Reserve until I have completed the total period of service for which I am liable under this engagement.

Signature........................................

Signed in my presence at..........................this...............................

date of......................................20..............

Signature of Commanding Officer..............................

(2) I agree to extend my Territorial Army Service for .........years with liability to transfer to the Reserve until I have completed the total period of service for which I am liable under this engagement.

Signature.....................................

Signed in my presence at ................................ this ...................... day of ................................... 20...........

Signature of Commanding Officer...................................

(3) I agree to extend my Territorial Army Service for .........years with liability to transfer to the Reserve until I have completed the total period of service for which I am liable under this engagement.

Signature.....................................

Signed in my presence at ..............................this .................day of ................................20...........

Signature of Commanding Officer...................................

TRANSFER TO THE RESERVE (Name) .....................................................was transferred to the Reserve from date).........................................................

*He was not given the option of extending his Territorial Army service.

_________________________________________________________________________ *He was given the option of extending his Territorial Army Service but elected not to exercise it.

*Strike out the one which is not applicable.

Signed at ...................................... this ................... day of ..............................20…. .

Signature of commanding officer...........................

PART II ATTESTATION FORM OF OATH I ........................................do swear in the name of God that I will bear true faith and allegiance to the Constitution of India as by law established and that I will, as in duty bound, honestly and faithfully serve in the Territorial Army of the Union of India and go wherever ordered by air, land or sea, and that I will observe and obey all commands of the President of the Union of India and the commands of any officer set over me even to the peril of my life.

FORM OF AFFIRMATION I..............................................do solemnly affirm that I will bear true faith and allegiance of the Constitution of India as by law established and that I will, as in duty bound, honestly and faithfully serve in the Territorial Army of the Union of India and go wherever ordered by air, land or sea, and that I will observe and obey all commands of the President of the Union of India and the commands of any officer set over me even to the peril of my life.

Signature..................................

Sworn/duly affirmed before me at ......................................... this ................................ day of............................20 .

Signature of Attesting Officer..............

SHEDULE III Pay and allowances admissible under Rule 23 I. Officers (other than Junior Commissioned Officers) -

(a) Pay of rank and dearness allowances as may be admissible for corresponding ranks of the regular army in accordance with the regulations for the time being in force.

(b) An allowance of Rs 10 per day for every day of-

(i) actual attendance at recruit, annual or voluntary training in camp, provided that a minimum period of three consecutive days at any one time is spent in camp and provided the officers concerned live, mess and sleep in camp;

(ii) voluntary training, when such voluntary training consists of attachment to a regular unit or a Territorial Army unit;

(iii) actual attendance at authorised or local courses of instructions with a regular unit or otherwise.

II. Junior Commissioned officers, Warrant Officers, Non-Commissioned Officers, Other Ranks and Non-Combatants (Enrolled) –

(a) Pay of rank, appointment, increments of pay, if any, and dearness allowances as may be admissible for corresponding ranks of the regular army in accordance with the regulations for the time being in force. Pay of rank and appointment include basic pay.

(b) Non-commissioned officers employed on the permanent administrative or instructional staff of any Territorial Army unit shall be entitled to good service pay as may be admissible for corresponding ranks of the regular army. All embodied service rendered under Rules 21-A and 33 shall count for the grant of Good Service Pay.

SCHEDULE IV Pay and allowances admissible under rule 23(b) will be as for the corresponding ranks of the regular army.

Territorial Army (Amendment) Rules, 1964

The enactment

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