Indian Territorial Force Act, 19201
| [Act No. 48 of 1920] | [22nd September, 1920] |
| [Repealed by Act 56 of 1948, S. 15] | [22nd September, 1920] |
Passed by the Indian Legislative Council.
An Act to constitute an Indian Territorial Force, 1[* * *].
Whereas it is expedient to provide for the constitution of an Indian Territorial Force, 2[* * *]; it is hereby enacted as follows:-
1 Received the assent of the Governor General on the 22nd September, 1920.
2 Omitted by Act 9 of 1928, S. 2(1).
3 Omitted by Act 9 of 1928, S. 2(2).
1. Short title, extent and commencement.- (1) This Act may be called the Indian Territorial Force Act, 1920.
(2) It extends to the whole of British India, including British Baluchistan and the Sonthal Parganas.
(3) It shall come into force on the first day of October, 1920.
2. Definitions.- In this Act, unless there is anything repugnant in the subject or context,-
1[* * *]
"enrolled" means enrolled or re-enrolled in the Indian Territorial Force under this Act;
"European British subject" means any person who is a European British, subject as defined in the Code of Criminal Procedure, 1898 (5 of 1898), or is a British subject of European descent in the male line;
2[non-commissioned officer’ means a person holding non-commissioned rank in the Indian Territorial Force, and includes an acting non-commissioned officer;
‘officer’ means a senior officer or a junior officer]
"prescribed" means prescribed by rules made under this Act; and
3[* * *].
4[2A. Special provisions as to Sind and Orissa.- For the purpose of this Act, the Provinces of Bombay and Sind, and the Provinces of Bihar and Orissa, shall be deemed to be one Province until in either case the Central Government by notification in the Official Gazette otherwise directs.]
_______________________________________________________________________
Prior to Amendment by Act 9 of 1928, Section 2 read as:
_______________________________________________________________________
2. Definitions.- In this Act, unless there is anything repugnant in the subject or context,-
"Advisory Committee" means an Advisory Committee constituted under section 12 for the Province within which a person subject to this Act for the time being resides or is serving, as the case may be;
"enrolled" means enrolled or re-enrolled in the Indian Territorial Force under this Act;
"European British subject" means any person who is a European British, subject as defined in the Code of Criminal Procedure, 1898 (5 of 1898), or is a British subject of European descent in the male line;
"prescribed" means prescribed by rules made under this Act; and
"University Corps" means any corps of the Indian Territorial Force constituted for the appointment thereto of students of, and other persons connected with, a University established by law in British India or colleges affiliated to such a University.
1 Omitted by Act 9 of 1928, S. 3(a).
2 Ins. by Act 9 of 1928, S. 3(b).
3 Omitted by Act 9 of 1928, S. 3(c).
4 Ins. by A.O. 1937.
3. Constitution of Indian Territorial Force.- There shall be raised and maintained in the manner hereinafter provided a force to be designated the Indian Territorial Force:
Provided that the Governor General in Council shall establish all or any of the branches of the Force as circumstances may permit from time to time.
4. Constitution and disbandment of units.- 1[(1)] The Governor General in Council may constitute for any Province one or more 2[provincial] corps or unite of the Indian Territorial Force and may disband 3[or re-constitute] any corps or unit so constituted.
4[(2) The Governor General in Council may constitute for any town or group of towns in a Province one or more urban corps or units of the Indian Territorial Force, to be recruited from persons residing in or near such town or towns, and may disband or reconstitute any corps or unit so constituted.
(3) The Governor General in Council may constitute for any Province a University Corps consisting of one or more units of the Territorial Force, for the appointment thereto of students of, and other persons connected with, a University established by law in British India, or colleges affiliated to such a University, and may disband or reconstitute any unit so constituted.]
5["4A. Classes of officers.- (1) There shall be the following classes of officers in the Indian Territorial Force, namely:-
(a) senior officers, holding commissions 6[* * *], with British designation of rank, and
(b) junior officers, holding commissions 6[* * *], with Indian designation of rank.
(2) An officer shall be deemed to be enrolled in the Indian Territorial Force for so long as he holds a commission in that Force.]
1 Renumbered by Act 9 of 1928, S. 4(c).
2 Ins. by Act 9 of 1928, S. 4(a).
3 Ins. by Act 9 of 1928, S. 4(b).
4 Ins. by Act 9 of 1928, S. 4(c).
5 Ins. by Act 9 of 1928, S. 5.
6 Omitted by A.O. 1937.
5. Enrolment.- (1) Any British subject 1[* * *] or any subject of a State in India may offer himself for enrolment in the Indian Territorial Force, and any such person who satisfies the prescribed conditions may he enrolled in the prescribed manner for such period, not exceeding six years, as may be prescribed.
2[Provided that no European British subject shall be enrolled in any corps or unit of the Indian Territorial Force other than a University Corps.]
(2) An applicant for enrolment may apply to be enrolled for service in any particular branch, corps or unit constituted for the Province 3[or town or group of towns] within which he for the time being resides:
4[(3) The Governor General in Council may, by notification in the Gazette of India, declare in respect of any State in India the Province in which persons residing in that State may be enrolled, and persons so residing shall thereupon be deemed for all purposes of this Act to reside in that Province.]
_______________________________________________________________________
Prior to Amendment by Act 9 of 1928, Section 5 read as:
_______________________________________________________________________
5. Enrolment.- (1) Any British subject (not being a European British subject) or any subject of a State in India may offer himself for enrolment in the Indian Territorial Force, and any such person who satisfies the prescribed conditions may he enrolled in the prescribed manner for such period, not exceeding six years, as may be prescribed.
(2) An applicant for enrolment may apply to be enrolled for service in any particular branch, corps or unit constituted for the Province within which he for the time being resides.
1 Omitted by Act 9 of 1928, S. 6(a).
2 Added by Act 9 of 1928, S. 6(b).
3 Ins. by Act 9 of 1928, S. 7(1).
4 Added by Act 13 of 1929, S. 2.
6. Appointment to corps or unit.- (1) Every person enrolled shall without unnecessary delay be appointed in the prescribed manner to a corps or unit constituted under section 4 for the Province 1[or town or group of towns] in which he for the time being resides.
(2) Any person who has been enrolled for service in any particular branch, corps or unit shall be appointed to a corps or unit of that branch or to that corps or unit, as the case may be.
1 Ins. by Act 9 of 1928, S. 7(1).
7. Transfer and attachment.- (1) Any person appointed to a corps or unit under section 6 may be transferred, whether on disbandment of the corps or unit or otherwise, to another corps or unit of the Indian Territorial Force, in such manner as may be prescribed.
(2) Nothing contained in sub-section (1) shall be deemed to authorize the transfer without his own consent of any person enrolled to a corps or unit constituted for a Province 1[or town or group of towns] other than that in which he for the time being resides, or of a person enrolled for service in a particular branch to a corps or unit of another branch, or of a person enrolled for service in a particular corps or unit to any other corps or unit.
(3) Any person enrolled may be attached at his own request to any corps or unit of the Indian Territorial Force or to any regular forces.
2["7A. Change of residence.- (1) Any enrolled person who leaves his place of residence for the time being and thereby leaves the Province in which the corps or unit in which be is serving is constituted shall, if be does not intend to return to that Province, notify the prescribed authority in that Province of his change of residence.
(2) If such person having intended to return does not return within three months, be shall notify the prescribed authority as aforesaid immediately on the expiry of that period.
(3) The prescribed authority on being notified of a change of residence under sub-section (1) or sub-section (2) may, subject to the provisions of section 7, transfer such person from the corps or unit in which be is serving to another corps or unit.]
1 Ins. by Act 9 of 1928, S. 7(2).
2 Ins. by Act 9 of 1928, S. 8.
8. Discharge.- Every person enrolled shall be entitled to receive his discharge from the Indian Territorial Force on the expiration of the period for which he was enrolled, and any such person may, prior to the expiration of that period, be discharged from the said Force by such authority and subject to such conditions as may be prescribed, and shall be so discharged on a recommendation of the Advisory Committee in this behalf;
Provided that no person enrolled who is for the time being engaged in military service under the provisions of this Act shall be entitled to receive his discharge before the termination of such service.
9. Liability to serve and perform military service.- (1) Every person enrolled shall, subject to such conditions as may be prescribed, be bound to serve in any corps or unit of the Indian Territorial Force to which he has been appointed or transferred or is for the time being attached, and shall be subject to all rules and regulations that may be made under this Act relating to such corps or unit.
(2) Every person enrolled 1[who has attained the age of eighteen years] shall be liable to per form military service-
(a) when called out with any portion of the Indian Territorial Force by an order to the senior military officer present either to act in support of the civil power or to provide guards which, in the opinion of such officer, are essential; or
(b) when any portion of the Indian Territorial Force to which he belongs has been em bodied to support or supplement His Majesty's regular forces in India in tin event of an emergency by a notification directing such embodiment issued by tin Governor General in Council and pub listed in the Gazette of India; or
(c) when attached at his own request to an; regular forces.
2[Provided that nothing in this sub-section shall apply to persons enrolled in a University Corps.]
1 Ins. by Act 9 of 1928, S. 9(a).
2 Added by Act 9 of 1928, S. 9(b).
10. Territorial limits of liability to, and duration of, military service.- (1) No person embodied under section shall be required to perform military service beyond the limits of India save under a general or special order of the Governor General in Council.
1[and no person for the time being serving in an urban corps of unit shall at any time be required to perform military service beyond the limits of the Province in which the corps or unit in which be is serving is located, save when it is, in the opinion of the senior military officer present, necessary to proceed beyond those limits in the course of the military operations upon which the corps or unit or any portion thereof is for the time being engaged.]
(2) Any portion of the Indian Territorial Force which, having been called out or embodied under Section 9, is performing military service shall be replaced by regular troops or otherwise as soon a circumstances permit, and shall not be required to perform such service after such replacement has beer effected to the satisfaction of the senior military office in charge or after the cancellation of the order of notification under clause (a) or (b), as the case may be, of section 9.
1 Added by Act 9 of 1928, S. 10.
1[11. Application of the Army Act and of the Indian Army Act, 1911 and 44 & 45 Vict., c. 58.- (1) Every senior officer of the Indian Territorial Force, when doing duty as such officer, shall be subject to the Army Act, and any orders or regulations made thereunder, whereupon the said Act, orders and regulations shall apply to him as if be held the same rank in His Majesty's Army as he bolds for the time being in the said Force, subject to the terms of his commission and the orders of His Majesty.
(2) Every junior officer of the Indian Territorial Force, when doing duty as such officer, shall be subject to the Indian Army Act, 1911 (VIII of 1911), and the rules and regulations made thereunder, whereupon the said Act, rules and regulations shall apply to him as if he held the same rank in His Majesty's Indian Forces as he bolds for the time being in the said Force, subject to the terms of his commission and the orders of the Governor General.
(3) Every non-commissioned officer and man of the Indian Territorial Force,-
(a) when called out or embodied for military service under section 9,
(b) when attached to, or otherwise acting as part of, or with, any regular force, or
(c) when embodied for, or otherwise undergoing, military training in the prescribed manner.
shall be subject to the Indian Army Act, 1911 (VIII of 1911), and the rules and regulations made thereunder, whereupon the said Act, rules and regulations shall apply to him as if be held the same rank in His Majesty's Indian Forces as be Folds for the time being in the said Force, subject to the orders of the Governor General:
Provided that the said Act, rules and regulations shall, in their application to such non-commissioned officers and men when embodied for or otherwise undergoing military training, be modified to such extent and in such manner as may be prescribed:
Provided further that non-commissioned officers and men of an urban corps or unit, when undergoing military training without having been embodied for that purpose, and non-commissioned officers and men of a University Corps when undergoing training, shall, in respect of such training, be subject only to such disciplinary and other rules as may be prescribed.
(4) Where an offence punishable under the Indian Army Act, 1911 (VIII of 1911), or, as the case may be, under that Act as modified under sub-section (3), has been committed by any person whilst subject to that Act under the provisions of this section, such person may be taken into and kept in military custody and tried and punished for such offence, although be has ceased to be so subject as aforesaid, in like manner as be might have been taken into and kept in military custody, tried or punished, if he had continued to be so subject:
Provided that no such person shall be kept in military custody after be has ceased to belong to the Indian Territorial. Force, unless he has been taken into or kept in military custody on account of the offence before the date on which lie ceased so to belong; nor shall he be kept in military custody or be tried or punished for the offence after the expiry of two months from that date, unless his trial has already commenced before such expiry.]
2[11A. Summary trial and punishments and VIII of 1911.- In addition to, or in substitution for, any punishment or punishments to which he may be liable under the Indian Army Act, 1911 (VIII of 1911), a junior officer, non-commissioned officer or man of the Indian Territorial Force not being a member of a University Corps, may be punished, either by a Criminal Court or summarily by order of the prescribed authority, for any offence under that Act, or for the contravention of any rule or regulation under this Act, with fine which may extend to fifty rupees, to be recovered in such manner and by such authority as may be prescribed:
Provided that no fine shall be summarily inflicted by order of the prescribed authority in any case in which the accused claims to be tried by a Criminal Court:
Provided further that no Court inferior to that of a Presidency Magistrate or a Magistrate of the first class shall try any offence made punishable by or under this Act.
11B. Presumption as to certain documents.- Where a junior officer, non-commissioned officer or man of the Indian Territorial Force is required, by or in pursuance of any rule, regulation or order made under this Act, to attend at any place, a certificate purporting to be signed by the prescribed officer, stating that the person so required to attend failed to do so in accordance with such requirement, shall, without proof of the signature or appointment of such officer, be evidence of the matters stated therein.]
_______________________________________________________________________
Prior to Amendment by Act 9 of 1928, Section 11 read as:
_______________________________________________________________________
11. Application of Act VIII of 1911.- (1) Every commissioned officer of the Indian Territorial Force when doing duty as a commission officer and every non-commissioned officer and may of the said Force-
(a) when called out or embodied for military service under section 9, or
(b) when attached to, or otherwise acting as par of or with, any regular forces,
shall be subject to the Indian Army Act, 1911 (8 of 1911), and the rules made thereunder, whereupon the said Act and rules shall apply to him as if he held the same rank in His Majesty's Indian forces as he holds for the time being in the Indian Territorial Force.
(2) VIII of 1911.- Every commissioned officer, non-commissioned officer and man of the said Force when embodied for, or otherwise undergoing, military training in the prescribed manner shall be subject to the Indian Army Act, 1911, and the rules made thereunder:
Provided that the said Act and rules shall in their application to such persons be modified to such extent and in such manner as may be prescribed:
Provided further that officers, non-commissioned officers and men of a University Corps shall, when undergoing military training, be subject only to such disciplinary and other rules as may be prescribed in this behalf.
1 Subs. by Act 9 of 1928, S. 11.
2 Ins. by Act 9 of 1928, S. 12.
1[12. Committees.- 2[(1) In each Province in which any unit or units of the Indian Territorial Force is or have been constituted, the Central Government shall constitute a Provincial Advisory Committee for all such units and a Unit Advisory Committee for each of such units]].
(2) The Governor General in Council shall constitute a Central Advisory Committee to advise him on matters connected with the Indian Territorial Force generally.
(3) The constitution, powers and procedure of the Advisory Committees shall be such as may be prescribed.]
_______________________________________________________________________
Prior to Amendment by Act 9 of 1928, Section 12 read as:
_______________________________________________________________________
12. Advisory Committees.- (1) The Local Government of each Province for which any unit of the Indian Territorial Force has been constituted shall constitute an, Advisory Committee consisting of three members, of whom one shall be a military officer appointed in the prescribed, manner and the others shall be persons who are British subjects (other than European British subjects) not in the service of Government, appointed annually by, or under the orders of, the Local Government.
(2) The duties, powers and procedure of Advisory Committees shall be such as may be prescribed.
1 Subs. by Act 9 of 1928, S. 13.
2 Subs. by A.O. 1937.
13. Power to make rules.- (1) The Governor General in Council may, after previous publication, make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing powers, such rules may-
(a) prescribe the manner in which, the period for which and the conditions subject to which, persons may be enrolled under section 5;
(b) prescribe the manner in which persons en-rolled may be appointed to corps and units under section 6 or transferred under section 7 1[or Section 7-A];
(c) prescribe the authorities by which and the conditions subject to which persons enrolled may be discharged under section 8;
(d) prescribe the 2[military] and periodical training, compulsory and voluntary, for any persons or class of persons enrolled and provide for the embodiment of any corps or unit for that purpose;
(e) prescribe the military or other obligations to which members of a University Corps shall be liable when undergoing military training and provide generally for the maintenance of discipline in such cases;
(f) provide for the medical examination of persons offering themselves for enrolment under section 5;
(g) provide for and regulate the remuneration, allowances, gratuities or compensation (if any) to he paid to any person or class of persons enrolled or to their defendants; and
(h) provide for any other matter which under this Act is to be or may be prescribed.
(3) All rules made under this Act shall be published in the Gazette of India, and on such publication shall have effect as if enacted in this Act.
1 Added by Act 9 of 1928, S. 14.
2 Subs. by Act 5 of 1931, S. 2.
14. Power to make regulations.- (1) The Commander-in-Chief of His Majesty's forces in India may make regulations consistent with this Act and the rules made thereunder providing generally for all details connected with the organization and personnel of the Indian Territorial Force and for the duties, military training, clothing, equipment, allowances and leave of persons enrolled.
(2) In particular and without prejudice to the generality of the foregoing power, such regulations may specify the curses of training or instruction to be followed by any person or class of persons enrolled.
15. Certain persona subject to this Act to be deemed part of His Majesty's Army for certain purposes and.- For the purposes of sections 128, 130 and 131 of the Code of Criminal Procedure, 1898 (V of 1898), all officers, non-commissioned officers and men of the Indian Territorial Force who have been appointed to a corps or unit shall be deemed to be officers, non-commissioned officers and soldiers, respectively, of His Majesty's Army.
16. Exemption from local taxation.- No person shall he liable to pay any municipal or other tax in respect of any horse, bicycle, motor bicycle, motor car, or other means of conveyance which he is authorised by regulations made under section 14 to maintain in his capacity as a member of the Indian Territorial Force.