Chapter XI MISCELLANEOUS

(1) The officers and other members of the Force shall be classified in accordance with their ranks in the following categories, namely:— (a) officers— (i) Director-General. (ii) Additional Director-General. (iii) Inspector-General. (iv) Deputy Inspector-General. (v) Additional Deputy Inspector-General. (vi) Commandant. (vii) Second-in-Command. (viii) Deputy Commandant. (ix) Assistant Commandant. (b) subordinate officers— (i) Subedar-Major. (ii) Subedar/Inspector. (iii) Sub-Inspector. (c) under officers— (i) Head Constable. (ii) Naik. (iii) Lance naik. (d) enrolled persons other than under officers—constable. (2) The matters relating to inter se seniority of persons belonging to the same rank shall be determined in accordance with such rules as may be prescribed. (3) Notwithstanding anything contained in this Act, the Director-General may, subject to confirmation of the Central Government as provided hereinafter, grant to an officer or a Subedar-Major of the Force a rank, mentioned in clause (a) of sub-section (1) as a local rank, whenever considered necessary by him in the interest of better functioning of the Force. (4) An officer of the Force holding a local rank,— (a) shall exercise the command and be vested with the powers of an officer holding that rank; (b) shall cease to hold that rank if the grant of such rank is not confirmed within one month by the Central Government or when so ordered by the Director-General or when he ceases to hold the appointment for which the rank was granted; (c) shall not be entitled to claim any seniority over other officers of the Force by virtue of having held such rank; and (d) shall not be entitled to any extra pay and allowances for holding such rank. Explanation I.—Assistant Commandant shall also include a Joint Assistant Commandant in case of personnel belonging to cadres of Motor Mechanic, Combatant Ministerial and Combatant Stenographer of the Force. Explanation II.—Sub-Inspector shall include an Assistant Sub-Inspector in case of personnel belonging to Combatant Ministerial cadre of the Force.

(1) The Central Government may, by general or special order published in the Official Gazette, direct that, subject to such conditions and limitations as may be specified in the order, any member of the Force may exercise or discharge such of the powers or duties under any Central Act as may be specified in the said order, being the powers and duties which, in the opinion of the Central Government, an officer of the corresponding or lower rank is by such Central Act empowered to exercise or discharge for the said purposes. (2) The Central Government may, by general or special order published in the Official Gazette, confer or impose, with the concurrence of the State Government concerned, any of the powers or duties which may be exercised or discharged under a State Act by a police officer upon a member of the Force who, in the opinion of the Central Government, holds a corresponding or higher rank. (3) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the order or both Houses agree that the order should not be made, the order shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that order.

(1) In any suit or proceeding against any member of the Force for any act done by him in pursuance of a warrant or order of a competent authority, it shall be lawful for him to plead that such act was done by him under the authority of such warrant or order. (2) Any such plea may be proved by the production of the warrant or order directing the act, and if it is so proved the member of the Force shall thereupon be discharged from liability in respect of the act so done by him, notwithstanding any defect in the jurisdiction of the authority which issued such warrant or order. (3) Notwithstanding anything contained in any other law for the time being in force, any legal proceeding (whether civil or criminal) which may lawfully be brought against any member of the Force for anything done or intended to be done under the powers conferred by, or in pursuance of any provision of this Act or the rules, shall be commenced within three months after the act complained of was committed and not otherwise, and notice in writing of such proceeding and of the cause thereof shall be given to the defendant or his superior officer at least one month before the commencement of such proceeding.

(1) The Central Government may, by notification, make rules for the purpose of carrying into effect the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for— (a) the constitution, governance, command and discipline of the force; (b) the enrolment of persons to the Force and the recruitment of other members of the Force; (c) the conditions of service (including deductions from pay and allowances) of members of the Force; (d) the precedence, powers of command and authority of the officers, subordinate officers, under-officers and other persons subject to this Act; (e) the dismissal, removal, retirement, release or discharge from the service of persons subject to this Act; (f) the purposes and other matters required to be prescribed under section 13; (g) the amount and incidence of fine to be imposed under section 60; (h) the convening, constitution, adjournment, dissolution and sittings of Force Courts, the procedure to be observed in trials by such Courts, the persons by whom an accused may be defended in such trials and the appearance of such persons thereat; (i) the confirmation, revision and annulment of, and petitions against, the findings and sentences of Force Courts; (j) the forms of orders to be made under the provisions of this Act relating to Force Courts and the awards and infliction of death, imprisonment and detention; (k) the constitution of authorities to decide for what persons, to what amounts and in what manner, provisions should be made for dependants under section 67 and the due carrying out of such decisions; (l) the carrying into effect of sentences of Force Courts; (m) any matter necessary for the purpose of carrying this Act into execution, as far as it relates to the investigation, arrest, custody, trial and punishment of offences triable or punishable under this Act; (n) the ceremonials to be observed and marks of respect to be paid in the Force; (o) the convening of, the constitution, procedure and practice of, courts of inquiry, the summoning of witnesses before them and the administration of oaths by such courts; (p) the recruitment and conditions of service of Judge Attorney-General, Additional Judge Attorney-General, Deputy Judge Attorney-General and Judge Attorney; (q) the disposal of the private or regimental property, or any other dues including provident fund of persons subject to this Act who die or desert or are ascertained to be of unsound mind or while on active duty are officially reported as missing; (r) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be, or may be, made by rules. (3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

(1) The Indo-Tibetan Border Police Force in existence at the commencement of this Act shall be deemed to be the Force constituted under this Act. (2) The members of the Indo-Tibetan Border Police Force in existence at the commencement of this Act shall be deemed to have been appointed or, as the case may be, enrolled as such under this Act. (3) Anything done or any action taken before the commencement of this Act in relation to the constitution of the Indo-Tibetan Border Police Force referred to in sub-section (1), in relation to any person appointed or enrolled, as the case may be, thereto, shall be as valid and as effective in law as if such thing or action was done or taken under this Act: Provided that nothing in this sub-section shall render any person guilty of any offence in respect of anything done or omitted to be done by him before the commencement of this Act.