The Arunachal Pradesh Armed Police Act, 1993

Short title, extent and commencement.-

1. (1) This Act may be called the Arunachal Pradesh Armed Police Act, 1993.
2. (2) It extends to the whole of the Union territory of Arunachal Pradesh.
3. (3) It shall come into force at once.

Definitions.- In this Act, unless the context otherwise requires,—

1. (a) “Active duty” means—
   • (i) the period during which an Armed Police Officer is attached to, or forms part of a unit which is engaged in operations against an enemy, or is employed on the protection of any place or purpose against armed attack, or the maintenance of public order;
   • (ii) the period during which an Armed Police Officer is engaged in any search, patrol, or other operations;
2. (b) “Armed Police” means the Armed Police of the Union territory constituted under this Act;
3. (c) “Close arrest” means confinement of a person under arrest within the barracks, guard room, or any other place under the control of the Armed Police or a specific place under the command of the Superior Officer;
4. (d) “Open arrest” means such confinement or restriction of a person under arrest as to preclude him from leaving the police lines or any station or area specified by his Superior Officer.

Constitution and organization of the Armed Police

1. (1) The Armed Police shall consist of such number of battalions and other units as the state government may, from time to time, raise or maintain.
2. (2) Subject to the provisions of this Act, the Armed Police shall be constituted in such manner and divided into such branches and shall have such designation and ranks as the state government may, from time to time, direct.

Appointment of officers

1. (1) The state government may appoint a Commandant for each battalion and such other officers as it may consider necessary.
2. (2) The Commandant and other officers shall have such powers and shall perform such duties as may be prescribed by rules made under this Act.

Superintendent of the Armed Police

1. (1) The administration of the Armed Police throughout the Union territory or any part thereof, shall be vested in such officer as the Administrator may appoint and he shall be styled the Superintendent of the Armed Police.
2. (2) He may, from time to time, subject to the control of the Administrator, make such orders as he thinks fit for the prevention of neglect and abuse and for rendering the Armed Police efficient in the discharge of their duties.

Powers and duties of officers

1. (1) The Superintendent of the Armed Police or any other officer of the Armed Police shall exercise such powers and perform such duties as are conferred or imposed on him by or under this Act or any other law for the time being in force.
2. (2) An officer of the Armed Police shall be deemed to be always on duty and may at any time be employed in any part of the Union territory.
3. (3) No officer of the Armed Police shall engage himself in any employment or office other than his duties under this Act.

Discipline and conduct of officers.

1. (1) Every officer of the Arunachal Pradesh Armed Police shall be bound by the rules of discipline and conduct as may be prescribed.
2. (2) An officer who willfully disobeys any lawful command, or is guilty of any act of insubordination or violates any rule of discipline shall be liable to be dealt with under the provisions of this Act.

Punishment for neglect of duty.

1. (1) Any officer who—
   • (a) without lawful excuse, neglects or refuses to obey or execute any process or other lawful mandate;
   • (b) willfully or negligently fails to discharge his duties;
   • (c) is guilty of cowardice;
   • (d) is found to be intoxicated while on duty; shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both.
2. (2) Notwithstanding anything contained in sub-section (1), any such officer may be subjected to departmental proceedings and punished in accordance with the rules made under this Act.

Punishment for desertion:

1. (1) Any person subject to this Act who deserts or attempts to desert the service shall, on conviction by a Magistrate, be punished with imprisonment for a term which may extend to one year, or with fine which may extend to five hundred rupees, or with both.
2. (2) Any person subject to this Act who knowingly harbours any such person who has deserted the service shall, on conviction by a Magistrate, be punished with imprisonment for a term which may extend to six months, or with fine which may extend to two hundred rupees, or with both.

Punishment for causing disaffection:

1. (1) Any person subject to this Act who causes, or attempts to cause, or does any act calculated to cause, disaffection amongst the members of the force, or induces or attempts to induce any member of the force to withhold his services or to commit a breach of discipline, shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to two hundred rupees, or with both.
2. (2) Nothing shall be deemed to be an offence under this section which is done in good faith for the purpose of bringing to the notice of the competent authority, or for the purpose of removing, any grievance or any complaints of members of the force.

Trial of offences.

1. (1) Any person subject to this Act who commits any offence mentioned in section 9 or section 10 may be tried by a Magistrate of the first or second class or by a Commandant or any officer empowered to act as such.
2. (2) Notwithstanding anything contained in sub-section (1), any person subject to this Act may be tried by a Court constituted under this Act or by an ordinary criminal court.
3. (3) Where a criminal court and a court constituted under this Act have each jurisdiction in respect of an offence, it shall be in the discretion of the Inspector General or the Deputy Inspector General or the Commandant to decide before which court the proceedings shall be instituted and, if that officer decides that they shall be instituted before a court constituted under this Act, the accused shall be detained in custody and brought before such court.

Power to make rules.

1. (1) The State Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act.
2. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
   • (a) the enrolment, training, discipline and terms and conditions of service of the members of the Armed Police;
   • (b) the supervision and control of the Armed Police;
   • (c) the description of arms, accoutrements, clothing and other necessaries to be furnished to the members of the Armed Police;
   • (d) the collection and communication by the Armed Police of intelligence;
   • (e) the institution, management and regulation of any fund for any purpose connected with the administration of the Armed Police;
   • (f) any other matter which is to be, or may be, prescribed under this Act.

-1 13. Repeal and saving.—

1. (1) The Assam Armed Police Act, 1948 (Assam Act No. 25 of 1948) as in force in the State of Arunachal Pradesh, is hereby repealed.
2. (2) Notwithstanding such repeal, anything done or any action taken under the Act so repealed shall be deemed to have been done or taken under the corresponding provisions of this Act.