Chapter I PRELIMINARY

(1) This Act may be called the Indo-Tibetan Border Police Force Act, 1992. (2) It shall come into force on such date as the Central Government may, by notification, appoint.

(1) In this Act, unless the context otherwise requires,— (a) “active duty”, in relation to a person subject to this Act, means any duty as a member of the Force during the period in which such person is attached to, or forms part of, a unit of the Force— (i) which is engaged in operations against an enemy, or (ii) which is operating at a picket or engaged on patrol or other guard duty along the borders of India, and includes duty by such person during any period declared by the Central Government by order as a period of active duty with reference to any area in which any person or class of persons subject to this Act may be serving; (b) “battalion” means a unit of the Force constituted as a battalion by the Central Government; (c) “civil offence” means an offence which is triable by a criminal court; (d) “civil prison” means any jail or place used for the detention of any criminal prisoner under the Prisons Act, 1894 (9 of 1894), or under any other law for the time being in force; (e) “commanding officer”, used in relation to a person subject to this Act, means an officer for the time being in command of the unit or any separate portion of the Force to which such person belongs or is attached; (f) “criminal court” means a court of ordinary criminal justice in any part of India and includes a Court of a special Judge appointed under the Criminal Law Amendment Act, 1952 (46 of 1952); (g) “Deputy Inspector-General” and “Additional Deputy Inspector-General” mean respectively a Deputy Inspector-General and an Additional Deputy Inspector-General of the Force appointed under section 5; (h) “Director-General” and “Additional Director-General” mean respectively the Director-General and an Additional Director-General of the Force appointed under section 5; (i) “enemy” includes all armed mutineers, armed rebels, armed rioters, pirates and any person in arms against whom it is the duty of any person subject to this Act to take action; (j) “enrolled person” means an under-officer or other person enrolled under this Act; (k) “Force” means the Indo-Tibetan Border Police Force; (l) “Force Court” means a Court referred to in section 76; (m) “Force custody” means the arrest or confinement of a member of the Force according to rules; (n) “Inspector-General” means the Inspector-General of the Force appointed under section 5; (o) “Judge Attorney-General”, “Additional Judge Attorney-General”, “Deputy Judge Attorney-General” and “Judge Attorney” mean respectively the Judge Attorney-General, an Additional Judge Attorney-General, a Deputy Judge Attorney-General and a Judge Attorney of the Force appointed in the appropriate rank by the Central Government; (p) “member of the Force” means an officer, a subordinate officer, an under-officer or other enrolled person; (q) “notification” means a notification published in the Official Gazette; (r) “offence” means any act or omission punishable under this Act and includes a civil offence; (s) “officer” means a person appointed or in pay as an officer of the Force, but does not include a subordinate officer or an under-officer; (t) “prescribed” means prescribed by rules made under this Act; (u) “rule” means a rule made under this Act; (v) “subordinate officer” means a person appointed or in pay as a Subedar Major, a Subedar or a Sub-Inspector of the Force; (w) “superior officer”, when used in relation to a person subject to this Act, means— (i) any member of the Force to whose command such person is for the time being subject in accordance with the rules; (ii) any officer of a higher rank or class or of a higher grade in the same class, and includes, when such person is not an officer, a subordinate officer or an under-officer of a higher rank, class or grade; (x) “under-officer” means a Head Constable, a Naik or a Lance Naik of the Force; (y) “unit” includes— (a) any body of officers and other members of the Force for which a separate authorised establishment exists; (b) any separate body of persons subject to this Act employed on any service and not attached to a unit as aforesaid; (c) any other separate body of persons composed wholly or partly of persons subject to this Act and specified as a unit by the Central Government; (z) all words and expressions used and not defined in this Act but defined in the Indian Penal Code (45 of 1860), the Army Act, 1950 (45 of 1950) or the National Security Guard Act, 1986 (47 of 1986), shall have the meanings respectively assigned to them in that Code or those Acts. (2) In this Act, references to any law not in force in the State of Jammu and Kashmir shall be construed as references to the corresponding law in force in that State.

(1) The following persons appointed (whether on deputation or in any other manner) in the Force shall be subject to this Act, wherever they may be, namely:— (a) officers and subordinate officers; and (b) under-officers and other persons enrolled under this Act. (2) Every person subject to this Act shall remain so subject until repatriated, retired, released, discharged, removed or dismissed from the Force in accordance with the provisions of this Act and the rules.