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The Sashastra Seema Bal Act, 2007

Chapter XI MISCELLANEOUS

Defence2007156 sections11 chapters
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Chapter XI MISCELLANEOUS

153. Powers and duties conferrable and imposable on members of the Force.

Statutory text
  1. (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. (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. (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.

Chapter XI MISCELLANEOUS

154. Protection for acts of members of the Force.

Statutory text
  1. (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. (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. (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.

Chapter XI MISCELLANEOUS

155. Power to make rules.

Statutory text
  1. (1) The Central Government may, by notification, make rules for the purpose of carrying 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–
    • (a) the manner of constitution of the Force and conditions of service of its members under section 4;
    • (b) superintendence, direction and control of the Force under section 5;
    • (c) the persons to be enrolled to the Force, mode of enrolment and procedure thereof under section 6;;
    • (d) the authority, to whom resignation to be submitted and the permission for withdrawal from duty to be obtained from, under section 8;
    • (e) the dismissal, removal and reduction in rank of persons under section 11;
    • (f) the authority and other matters required to be prescribed under section 13;
    • (g) the amount and the incidence of fine to be imposed under section 60;
    • (h) the manner and extent of deductions from pay and allowances and the authority therefor under section 66;
      • (i) the procedure of investigation of an offence and the manner and period of detention of persons under section 70;
    • (j) the manner of making the report by the commanding officer in respect of delay in convening Force Court under section 71;
    • (k) the authority to appoint the court of inquiry and the manner of appointment thereof under section 74;
    • (l) the manner of convening Force Courts under section 76;
    • (m) the persons by whom an accused may be defended in a trial and appearance of such persons under section 91;
    • (n) the recruitment and conditions of service of the Judge Attorney- General, Deputy Judge Attorney-General, Additional Judge Attorney-General and Judge Attorney under section 95;
    • (o) the officer to annul proceedings of the Force Court under section 132; and
    • (p) 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 the rules.
  3. (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.

Chapter XI MISCELLANEOUS

156. Provisions as to existing Sashastra Seema Bal.

Statutory text
  1. (1) The Sashastra Seema Bal in existence at the commencement of this Act shall be deemed to be the Force constituted under this Act.
  2. (2) The members of the Sashastra Seema Bal 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. (3) Anything done or any action taken before the commencement of this Act in relation to the constitution of the Sashastra Seema Bal 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.

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