The Inter-Services Organisations (Command, Control and Discipline) Act, 2023
Chapter III CONSTITUTION OF INTER-SERVICES ORGANISATION AND ITS OFFICERS
Chapter III CONSTITUTION OF INTER-SERVICES ORGANISATION AND ITS OFFICERS
5. Constitution of Inter-services Organisation or Joint Services Command
(1) The Central Government may, by notification, constitute an Inter-services Organisation, which may include a Joint Services Command, comprising of units or service personnel who are subject to any of the Service Acts, as may be placed under the command of the Commander-in-Chief or, as the case may be, the Officer-in-Command. (2) The Central Government may, by an order published in the Official Gazette, direct that any power exercisable by the Commander-in-Chief or, as the case may be, the Officer-in-Command may also be exercisable by any other officer specially empowered in this behalf by the said Government.
Chapter III CONSTITUTION OF INTER-SERVICES ORGANISATION AND ITS OFFICERS
6. Existing Inter-services Organisations and Commander-in-Chief or Officer-in-Command to continue
(1) Notwithstanding anything contained in this Act,— (a) the Inter-services Organisations constituted by the Central Government and functioning as such immediately before the date of commencement of this Act, shall be deemed to have been constituted under the provisions of this Act; (b) the Commander-in-Chief or, as the case may be, the Officer-in-Command of an Inter-services Organisation, who has been appointed and functioning as such immediately before the date of commencement of this Act, shall be deemed to have been appointed under the provisions of this Act. (2) Nothing contained in this Act shall render invalid any action taken or acts performed, immediately before the commencement of this Act, by the Inter-services Organisation, or by the Commander-in-Chief or by the Officer-in-Command, as the case may be, of an Inter-services Organisation, while functioning as such under any law applicable at that time.
Chapter III CONSTITUTION OF INTER-SERVICES ORGANISATION AND ITS OFFICERS
7. Powers of Commander- in-Chief or Officer-in-Command
(1) The Commander-in-Chief or, as the case may be, Officer-in-Command of an Inter-services Organisation, shall be the head of such Inter-services Organisation and shall exercise command and control over the personnel serving in or attached to that Inter-services Organisation, for the purpose of maintenance of discipline and proper discharge of their duties. (2) For the purposes of sub-section (1), the Commander-in-Chief or, as the case may be, the Officer-in-Command of an Inter-services Organisation shall be competent to exercise all the disciplinary and administrative powers vested in and exercised by— (a) the General Officer Commanding the Army; (b) the Flag Officer Commanding-in-Chief of a Naval Command; (c) the Air Officer Commanding-in-Chief of an Air Command; (d) any other officer or authority specified in the Service Acts or in the rules and regulations made thereunder, including the powers conferred by warrants or commissions issued under the provisions of such Service Acts; and (e) any other officer or authority as may be specified in the notification issued under section 4.
Chapter III CONSTITUTION OF INTER-SERVICES ORGANISATION AND ITS OFFICERS
8. Commanding Officer
The Commanding Officer of an Inter-services Organisation shall, in addition to having command over any unit, ship or establishment, also perform such duties as may be assigned to him in respect of such Inter-services Organisation by its Commander-in-Chief or, as the case may be, the Officer-in-Command and shall be empowered to initiate all disciplinary or administrative actions over the personnel appointed, deputed, posted or attached to that Inter-services Organisation.
Chapter III CONSTITUTION OF INTER-SERVICES ORGANISATION AND ITS OFFICERS
9. Superintendence of Central Government
The superintendence of the Inter-services Organisation shall vest in the Central Government, which shall have the power to issue directions to each of such organisations, on any matters concerning national security or general administration, if it considers necessary and expedient so to do in the public interest.
Chapter III CONSTITUTION OF INTER-SERVICES ORGANISATION AND ITS OFFICERS
10. Power to declare persons to be on active service
Notwithstanding anything contained in the Service Acts, the Central Government may, by notification, declare that any service personnel or class of service personnel to whom the Service Acts apply shall, with reference to any Inter-services Organisation in which he or they may be serving in or attached to or with reference to any provision of this Act, be deemed to be on active service within the meaning of this Act and the Service Acts.
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