An Act to provide for the constitution and regulation of an armed force of the Union for ensuring the security of the borders of India and for matters connected therewith.
Persons subject to this Act.
The following persons appointed in the Force shall be subject to this Act, namely:
- officers and subordinate officers.
- under-officers and other persons enrolled under this Act.
- A subordinate officer, or an under-officer or other enrolled person who is retired, removed or dismissed from the service shall be furnished with a certificate in Hindi or English language setting forth.
- the authority terminating his service.
- the cause for such termination.
- the full period of his service in the Force.
Constitution of the Force.
- There shall be an armed force of the Union called the Sashastra Seema Bal for ensuring the security of the borders of India and performing other duties as may be entrusted to it by the Central Government.
- Every member of the Force shall be liable to serve in any part of India as well as outside India.
Kinds of Force Courts.
For the purposes of this Act, there shall be three kinds of Force Courts, namely:
- General Force Courts.
- Petty Force Courts.
- Summary Force Courts, which shall be convened in the manner prescribed.
Powers of a General Force Court.
A General Force Court shall have the power to try any person subject to this Act for any offence punishable there under and to pass any sentence authorised thereby.
Powers of a Petty Force Court.
A Petty Force Court shall have the power to try any person subject to this Act other than an officer or a subordinate officer for any offence made punishable there under and to pass any sentence authorised by this Act other than a sentence of death or imprisonment for a term exceeding two years.
Powers of a Summary Force Court.
- Subject to the provisions, a Summary Force Court may try any offence punishable under this Act.
- When there is no grave reason for immediate action and reference can without detriment to discipline be made to the officer empowered to convene a Petty Force Court for the trial of the alleged offender, an officer holding a Summary Force Court shall not try without such reference any offence punishable.
- A Summary Force Court may try any person subject to this Act and under the command of the officer holding the Court, except an officer or a subordinate officer.
- A Summary Force Court may pass any sentence which may be passed under this Act, except the sentence of death or of imprisonment for a term exceeding the limit specified.
- The limit referred shall be.
- one year, if the officer holding the Force Court holds the rank not below that of a Commandant;
- three months, in any other case.
Punishment by Force Courts.
Punishments may be inflicted in respect of offences committed by persons subject to this Act and convicted by Force Courts according to the scale following, namely:-
- imprisonment which may be for the term of life or any other lesser term, but excluding imprisonment for a term not exceeding three months in Force custody.
- dismissal or removal from the service.
- compulsory retirement from the service.
- imprisonment for a term not exceeding three months in Force custody.
- reduction to the ranks or to a lower rank or grade or a place in the list of their rank in the case of an under-officer.
- reduction to next lower rank in case of an officer or subordinate officer:
Provisions as to existing Sashastra Seema Bal.
- The Sashastra Seema Bal in existence at the commencement of this Act shall be deemed to be the Force constituted under this Act.
- 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.
- Anything done or any action taken before the commencement of this Act in relation to the constitution of the Sashastra Seema Bal, 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.