35
THE ARUNACHAL ARMED POLICE ACT, 1993
(Act No. 5 of 1993)
Received the assent of the Governor on 17th June, 1993.
AN
ACT
to provide for the constitution and regulation of the
Arunachal Pradesh Armed Police
Be it enacted by the Legislative Assembly of
Arunachal Pradesh in the Forty-fourth Year of the
Republic of India as follows :(—
CHAPTER—I
PRELIMINARY
1. Short title, extent and commencement—
(1) ThisAct may be called the Arunachal Armed Police
Act, 1993.
(2) It extends to the whole of Arunachal
Pradesh.
(3) It shall come into force on such date as the
State Government may appoint by notification in the
official Gazette in this behalf.
2. Application of the Act.—This Act shall apply
to all members of the Arunachal Armed Police,
wherever they may be serving.
3. Definitions—In this Act, unless there is
anything repugnant in the subject or context :—
(a) “active duty" means—
(i) the duty to restore and preserve order in
any area in the event of any disturbance
therein ;
(i) the duty at guards picquet, patrol, escorts
to protect life and propenrty including arms,
ammunition, cash and valuables in any area
in the event of any disturbance therein ;
(iii) the duty at outposts, detachments or in the
field against extremists, hostiles, enemy or
other persons ; and
(iv)
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such other duty as may be specified to be
active duty by the State Government or the
Inspector-General ;
and the same shall be deemed to have commenced on
and from the moment of receipt by a member of the
Arunachal Armed Police of the order of any superior
officer to render such duty cr on receipt of any
information from other sources about loot. arson or raid
by extremists, hostiles, enemy or other persons ;
(b) "Armed Police" means the Arunachal Armed
Police ;
(c) “Assistant Commandant” means a person
(9)
(e)
appointed by the State Government to be an
Assistant Commandant of a Battalion of Armed
Police who may be assigned with the duties of
an Adjutant, Quarter-master or Company
Commander by the Commandant :
“Close arrest” means confinement within
the Armed Police or a detachment or a post
or quarter guard building or tent under
charge of a guard ;
“Commandant" means a person appointed
by the State Government tc be a
Commandant of a Battalicn of the Armed
Police ;
(f) "Constable” means a person appcinted as
Constable by the Commandant and
includes a Havildar, Naik and Lance-Naik :
(g) "Deputy Commandant” means a person
appointed by the State Government to be
the Second-in-Command of a Battalion of
the Arunachal Armed Police ;
(h) "Deputy Inspector General” means a Deputy
Inspector General of Police, Arunachal
Pradesh who has been empowered by the
State Government to do the auties relating
to reguiation ot the Armed Pclice and (¢
exercise powers and functions under this
है «८
37
(i) "Enrolled Follower" means any person
appointed to do the work of a cook,
masalchi, water-carrier, mess-servant,
ward-boy, washerman, cobbier, barber,
sweeper, helper or cleaner ;
() "Inspector-General" means the Inspector-
General of Police, Arunachal Pradesh ;
(k) “Inspector" means a person appointed by
the Inspector-General to be a Subedar who
may be assigned with the duties of the
Second-in-Command of a Company or
with such other duties as may be specified
by the Inspector-General from time to time
and includes a person who may be
transferred by the Inspector-General to fill
a post of Subedar on deputation from
amongst the Inspectors of Police,
Arunachal Pradesh ;
() “"Member of the Armed Police” means a
person who has been appointed to the
Armed police by the Inspector-General or,
as the case may be, by the Commandant
and includes a subordinate officer, a
Constable, an Enrolled Foliower and a
person appointed in subordinate rank
under the Police Act, 1861 or in Defence
Service or a Para-military personnel,
posted to the Armed Police on deputation
in such ranks ;
(m) "Open arrest" means confinement within
the precincts of any barracks, lines or camp
for the time being occupied by any part of
the Arunachal Armed Police ;-
(n) "Prescribed" means prescribed by ruies
made under this Act ;
(0) "Quarter Guard" means a building or tent
under guard within the precinct of the
headquarters of a Battalion, Company or
Platoon of the Armed Police used
permanently or temporarily for the safe
custody of arms, ammunition, munitions
and cash or for the imprisonment, detention
or custody of the members of the Armed
Police accused of or convicted for any
offence under this Act or other Acts ;
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(p) “State Government” means the Government
of Arunachal Pradesh ;
(q) "Sub-Inspector" means a person appointed
by the Commandant to be a Sub-Inspector
who may be assigned with the duties of
the Platoon Commander or with such other
duties as may be specified by the
Commandant from time to time :
(r) "Subordinate Officer" means a member of
the Armed Police who is of the rank of
Inspector or Sub-Inspector ;
(s) "Superior Officer in relation to any member
of the Armed Police, means—
(i) any officer of a rank which is higher
than that of such member ; and
(i) a Commandant, Deputy Comman-
dant or Assistant Commandant ;
(t) the expression “"assault®, "Criminal force",
“fraudulently”, “reason to believe" and
“Voluntarily causing hurt" shall have the
same meanings as assigned to them
respectively in the Indian Penal Code (Act
XLV of 1860) ;
(u) All words and expressions used and not
defined in this Act but defined in the Indian
Penal Court shall have the
CHAPTER—II
CONSTITUTION OF THE ARMED POLICE AND
GENERAL DUTIES OF THE MEMBERS OF
4,
THE ARMED POLICE
Constitution of the Armed Police :(—
(1) There shall be a force raised and maintained by
the State Government and called the Arunachal Armed
Police.
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(2) The State Government, the Inspector-General
or the Deputy Inspector General specially empowered
by the State Government in this behalf, may —
(a) divide the Armed Police into Battalion, each
Battalion into companies, each company
into platoons and each platoon into section,
groups and detachments ;
(b) post any Battalion, Company or Platoon at
such places as the state Government, the
Inspector-General, the Deputy Inspector-
General or the Commandant may deem fit.
(3) The members of the Ammed Police shall receive such
pay, pension and other remuneration as may be prescribed.
5. Appointment and powers of Superior
Officers :— (1) The State Government may appoint
to the Armed Police a Commandant and such other
persons as it thinks fit to be Deputy Commandants
and Assistant Commandants.
(2) The Commandant, Deputy Commandant or
Assistant Commandant shall have, and may exercise,
such powers and authority as may be provided by or
under this Act.
(3) The Inspector-Gen‘eral may appoint Inspectors :
Provided that the Inspectors of Police, Arunachal
Pradesh may also be deputed to the Armed Police as
Inspectors by the Inspector-General.
(4) The Commandant may appoint subordinate
officers (other than Inspectors) constables and Enrolled
Followers.
6. Enroiment.— Before a peison is appointed to
be a member of the Armed Police, the Statement
contained in the Schedule to this Act shall be read out
and, if necessary, explained to him in the presence of
an officer appointed under sub-section (1) of Section
5 and shall be signed by such person in
acknowledgment of its having been read out to him :
Provided that any person who has , for a period of
six months, served with the Armed Police shall, on
appointment to the Armed Police thereafter, be deemed
to be a member of the Armed Police, notwithstanding
that the provisions of this section have not been
complied with in his case.
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7. Resignation and withdrawal from the Armed
Police.— No member of the Armed Police shall be at
liberty to :—
(a) resign his appcintment during the term of
his engagement except before the
expiration to the first three months of his
service ; or
(b) withdraw himself from all or any of the duties
of his appointment, without the previous
permission in writindg of the Commandant
or Deputy Commandant or any other officer
authorised by the Commandant to grant
such permission.
8. General duties of members of the Armed
Police.—It shall be the duty of every member of the
Armed Police promptly—
(a) to obey and to execute all orders and
warrants lawfully issued to him by any
competent authority, to detect and bring
offenders to justice and to apprehend all
persons whom he is legally authorised to
apprehend and for whose apprehension
sufficient grounds exist ; and
(b) to take all adequate measures for
extinguishing of fires or to prevent damage
to person or property on the occasion of
such occurrences as fires, floods,
earthquakes, cyclones, enemy action or
riots.
(2) Every member of the Armed Police shall be
liable to serve without and beyond as well as anywhere
within the territory of India.
CHAPTER—III
SUPERINTENDENCE CONTROL AND ADMINISTRATION
OF THE ARMED POLICE
9. Superintendence, Control and Admini-
stration of the Armed Police.—(1) The
Superintendence of and control over, the Armed Police
shall vest in the State Government and the Armed
Police shall be administered by the State government
in accordance with the provisions of the Act and of
any rules made thereunder through the Inspector
General, or such Deputy 'nspector General and other
officers as the State Government may from time to
time direct in this behalf.
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(2) The Headquarters of the Armed Police shall
be at such place as may from time to time be specified
by the State government.
(3) While on active duty outside the State the
Armed Police shall be subject to the general control
and direction of such authority or officer as may be
prescribed or as may- be specially appointed by the
State Government in this behalf.
OFFENCES AND PUNISHMENTS
10. More heinous o'ffences.—Every members of
the Armed Police who—
(a)
(b)
(०)
(d)
(e)
(f)
begins, excites, causes or conspires to
cause or joins in any mutiny, or, being
present at any mutiny, does not use his
utmost endeavour to suppress it, or
knowing, or having reason to believe in the
existence of any mutiny or of any intention
or conspiracy to mutiny or of any
conspiracy against the State does not,
without delay, give information thereof to
his superior officer ; or
uses or attempts to use, criminal force to, or
commits an assault on, his superior officer,
whether on or off duty, knowing or having
reason to believe him to be such ; or
shamefully abandons or delivers up any post
or guard which is committed to his charge,
or which it is his duty to defend ; or
directly or indirectly holds correspondence
with, or assist or relieves any person in arms
against the State or omits to discover
immediately to his superior officer any such
correspondence coming to his kinowiedge ;
or who, while on aciive duty ;
disobeys the lawful command of his
superior officer ; or
deserts the Armed Police ; or
(9)
(h)
(i)
)
(k)
()
(m)
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“being a Sentry or otherwise detailed to
remain alert, sleeps upon his post or quits
it without being regularly relieved or without
leave ; or
leaves his commanding officer or ; his post
or party without authority ; or
quits his guard, picquet, party or patrol
without being regularly relieved or without
leave ; or
uses criminal force to or commits an
assault or any person or forces a safeguard
or breaks into any house or other place for
plunder or destroys or damages property
of any kind ; or
intentionally causes or spreads a false alarm
in action or in camp, garrison or quarters ; or
displays cowardice in the execution of his
duty ;or
rapes or assaults or uses criminal force to
any woman, intending to outrage or
knowing it to be likely that he will thereby
outrage her modesty ; shall be punishable
with imprisonment for life or with
imprisonment of either description for a
term which may extended to fourteen years
or vith fine which may extend to three
months pay cr with both.
11. Less heinous offences.—Every member of
the Armed Police who—
(@)
(b)
(०)
is in a State of intoxication when on, or
after having been warmned for, any duty or
on parade or on the line or march ; or
strikes or attempts to force any sentry ; or
being in command or being a member of a
guard, picquet or patrol, refuses to receive
any prisoner or person duly committed to
his charge, or without progei authority
releases any persen Cr prisoner placed
unger his charge, or negligently sufiers any
such prisoner or person to escape ; or
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(d) being under arrest or in confinement,
(9)
(h)
(i)
()
(k)
()
leaves his arrest or confinement, before
he is set at liberty by lawful authority ; or
is grossly in subordinate or insolent to his
superior officer in the execution of his office ; or
refuses to superintendent or assist in the
making of any field work or other work of
any description ordered to be made either
in quarters or in the field ; or
strikes or otherwise ill-uses any member
of the Armed Police subordinate to him in
rank or position ; or
designedly or through neglect injures or
losses or fraudulently disposes of his arms,
clothes, tools, equipments, ammunition or
accountrements, or any such articles
entrusted to him or belonging to any other
person ; or
malingers or feigns or produces disease
or infirmity in himself or intentionally delays
his cure, or aggravates his disease or
infirmity ; or
with intent to render himself or any other
person uriiit for service voluntarily causes
hurt to himself or any other person ; or
does not, when called upon by his superior
officer so to do or upori ceasing to be a
member of the Armed Police forthwith
deliver up or duly account for, all or any
arms ammunition, stores, accountremenis
or other property issued or supplied to him
or in his custody or possession as such
member ; or
knowingly furnishes a false return or report
of the member or a state of any men under
his command or charge or of any money,
arms, ammunition, clothings, equipments,
stores or other property in his charge,
whether belonging to such men or to the
Government or to any member of, or any
person attached to, the Armed Police, or
who through design or culpable neglect,
omits or refuses to make or send any return
or report of the matters aforesaid ; or
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(m) absents himself without leave, or without
sufficient cause overstays ieave granted
to him ; or
(n) is guilty of any act or omission which, though
not specified in this Act, is prejudicial to
good order and discipline ; or
(0) contravents any provision of this Act for which
no punishment is expressly provided ; or
Who while not on active duty—
(p) commits any of the offences specified inclause
(c) to (1) (both inclusive) of section 10.
Shall be punishable with imprisonment for a term which
may extend to one year, or with fine with fine which
may extend to three months' pay or with both.
12. Attempt to or abetment of offences.—
(1) Every member of the Armed Police who abet any
offence punishable under this Act, shall be punished
with the punishment provided for the offence.
(2) Every member of the Armed Police who
attempts to commit any offence punishable under this
Act, or who causes such an offence to be committed,
and in such attempt does any act towards commission
of the offence shall where no express provision is made
this Act, for the punishment of such attempt, be
punished with the punishment provided for the offence.
13. Restrictions respecting right to form
association, freedom of speech etc.—
(1) No member of the Armed Police shall,
without the Express sanction of the State Government
or of the prescribed authority.—
(a) be a member of, or be associated in any
way with, any trade union, labour union,
~ political association, or with any class of
trade unions, labour unions or political
associations ; or
(b) be a member of, or be associated in any
way with, any other society institution,
association, or organisation that is not
recognised as part of the force of which
he is a member or is not of a purely social,
recreational or religious nature ; or
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(c) communicate with the press or publish or
cause to be published any book letter or
other document except where such
communication or publication is in the
bonafide discharge of his duties or 1s of a
purely literary, artistic and scientific
character or is of a prescribed nature.
Explanation .— If any question arises as to whether
any society, institution association or organisation is
of a purely social, recreational or religious nature tinder
clause (b) of this sub-section, the decision of the State
Government thereon shall be final.
(2) No member of Armed Police shall
participate in, or address any, meeting or take part in
any demonstration organised by any body of persons
for any political purposes or for such other purposes
as may be prescribed.
14. Penalty. — Any person who contravenes the
provisions of section 13, shall, without any prejudice
to any other action that may be taken against him, be
punishable with imprisonment for a term which may
extend to two years, or with fine which may extend to
two thousand rupees, or with both.
15. Departmental punishments.—(1) The
Commandant or any other authority as may be
prescribed, may subject to any rules made under this
Act, impose on a member of the Armed Police one or
more of the following punishments for disobedience,
negligence in duty, remissness in the discharge of any
duty or other misconduct which is prejudicial to good order
and discipline of the Armed Police, that is to say :(—
Minor punishments :
(a) deprivation of acting or officiating rank ,
(b) fine of ary amount not exceeding one
month's pay and allowances ;
(c) confinementto quarters orcamp foraterm
not exceeding twentyeighi days
(dy confinement in quarter guard for not more
than twentyeight days with o1 without
punishment drill or extra quard o tatique
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(e) removal from any office of distinction or
special emolument in the Armed Police ;
(f) censure or severe censure ;
Major punishment :
(g) reduction in substantive rank ;
(h) compulsory retirement ;
(i) removal from service which shall not be a
disqualification for future employment
under the government ;
(j) dismissal:
Provided that punishment specified in clause (d)—
shall not be imposed on any member of the Armed
Police who is of or above the rank of a Lance Naik ;
(2) When incommand of any detachment away
from the headquarters, any officer, specially authorised
by the Commandant in this behalf, may award any
punishment specified in clause (c) or clause (d) of sub-
section (1) to a Constable or an Enrolled Follower.
(3) The Deputy Commandant, an Assistant
Commandant or a subordinate officer not being below
the rank of Inspector, Commanding a separate
detachment or an outpost or in temporary command
at the headquarters of a Battalion of the Armed Police,
may, without a formal trial, award to any Constable or
Enrolled Follower, who is for the time being subject to
his authority, any one or more of the following
punishments for the commission of any petty offence
against discipline which is not otherwise provided for
in this Act, or which is not a sufficiently serious nature
to require trial or prosecution before a criminal court,
that is to say,—
(a) confinement for not more than seven days
in the quarter guard or such other place as
may be consicered suitable with forfeiture
of all pay, allowances during its
continuance ;
(b) punishment drill, extra-guard, fatique or
other duty, for not more than fourteen days,
with or without confinement to quarters,
lines or camp ;
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(c) censure or severe censure :
" Provided that the punishments specified in clause
(a) and (b) shall not be awarded for a Havilder, Naik or
Lance Naik.
(4) A Sub-Inspector who is temporarily in
command of detachment or an outpost, may, in like
manner and for the commission of any like offence,
award to any Constable below the rank of Lance Naik
or any Enrolled Follower, for the time being subject to
his authority, any of the punishments specified in clause
(b) of sub-section (3) for not more than seven days.
(5) When two or more punishments amounting
to confinement within Armed Police and confinement
in quarter guard are awarded to a person conjointly,
whether or not he is already undergoing one or more
of the said punishments, the total period of such
confinement shall not exceed fortytwo days at a time.
(6) No orderimposing any of the punishments
specified in clauses (g) to (j) of sub-section (1) shall
be made except after an inquiry held in the manner as
may be prescribed.
16 Place of imprisonment and liability to dismissal
on imprisonment.—(1) Every person sentenced under
this Act to imprisonment may be dismissed from the
Armed Police and shall further be liable to forfeiture of
pay, allowances and any other nioney put to him, as
well as of any medals and decorations received by
him.
(2) Every such person shall, if he is so
dismissed, be imprisoned in the prescribed prison, but
if he is not also dismisséd from the Armed Police, he
may, if the Court or the Commandant so directs, be
confined in the quarter guard or such other place as
the Court or the Commandant may consider suitable.
17. Deductions from pay and allowance.—The
following penal deductions may be made from the pay
and allowances of a member of the Armed Police by
his Company Commander, that is to say—
(a) all pay and allowances for every day of
absence either on desertion or without
leave and for every day of imprisonment
awarded by a criminal court or of
confinement awaided under section 15 ;
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(b) all pay and allowances for every day whilst
he is in custody on a charge for an offence
of which he is afterwards convicted ;
(c) all pay allowances for every day on which he
is in hospital on account of sickness certified
by the medical officer attending on him at
the hospital to have been caused by an
offence committed by him under this Act;
(d) all pay and allowances ordered to be
forfeited under section 15 ; and
(e) such sum as may be ordered by the
Commandant or Deputy Commandant in
order to make good any expense caused
by the member of the Armed Police, or any
loss of or damage or destruction done by
him to any arms, ammunition, equipment,
clothing, instruments or decorations
belonging to the Armed Police or to any
buildings or property.
18. Collective fines.—Whenever any weapon,
part of a weapon or ammunition, forming part of the
equipment of a Company or other similar unit of the
Armed Police is lost or stolen, the Commandant may,
after making such inquiry as he thinks fit and subject
to such rules as may be prescribed, impose a collective
fine upon the subordinate officers and men of such
unit, or upon so many of them as, in his judgement
should be held responsible for loss or theft.
19. Arrest—(1) Any member of the Armed Police
who commits any offence specified in Section 10 or Section
11 may be placed on open or close arrest by any officer of
the Armed Police superior in rank to the offender ;
(2) Where any subordinate officer orders and
arrest under sub-section (1), he shall forthwith or at the
earliest opportunity report the arrest to the Company
Commander or Detachment Commander who shall, after
investigating the case order the release or the continued
arrest of member of the Armed Police arrested.
20. Suspension.— (1) The Inspector General
Deputy Inspector-General or the Commandant may
place a member of the Armed Police under suspension
pending inquiry or triai of an offence under triis Act or
any other law for the time being in force.
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(2) A Deputy commandant or an Assistant
commandant, when authorised by the Commandant,
may place a Constable or an Enrolled Follower under
suspension pending enquiry of trial of an offence under
this Act or any other law for the time being in force.
(3) Unless otherwise ordered, a member of the
Armed Police under suspension shall not leave the
headquarters of the Battalion, Company or Platoon
as may be specified by his superior officer, and such
member under suspension shall attend all the Roll
Calls at such headquarters.
CHAPTER—IV
MISCELLANEQUS
21. Powers and duties conferrable and imposable
on members of the Armed Police and the superior
officers.—(1) All superior officers and members of the
Armed Police shall be deemed to be Police Officers
under the Police Act, 1861 (V of 1861).
(2) Commandant, Deputy Commandant or
assistant Commandant shall be entitled to all the
privileges which a Police Officers has under sections
42 and 43 of the Police Act, 1861 and section 125 of
the Indian Evidence Act, 1872 and under any other
enactment for the time being in force ; and shall, subject
to such rules as the State Government may from time
to time make on this behalf, exercise all the powers of
a district Superintendent of Police within the meaning
of Police Act, 1861.
(3) Notwithstanding anything contained in the Code
of Criminal Procedure, 1973 (Act No. 2 of 1974) any
offence committed by a member of the Armed Police
and punishable under this Act, shall be enquired into or
tried by Arunachal Armed Police court only which may
be convened under section 2z provided that—
(i) when the offender is on leave or absent
from duty or is on active duty ; or
(i) when the offence is not connected with the
offender's duties as a member of the Armed
Police ; or
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(i) when an offence is committed by a member
of the Armed Police along with any other
person who is not subject to this Act and
whose identity is known ;
the offence may, if the prescribed authority, with in the
limits of whose jurisdiction the offence has been
committed, so directs, be enquired into or tried by an
ordinary criminal court having jurisdiction.
22. Armed Police courts.—(1) Notwithstanding
anything contained in the Criminal Procedure Code,
1973, there shall be the following classes of Armed
Police Courts, namely :—
(i) General Armed Police Court :
(ii) Battalion Armed Police Court.
(2) For the purpose of the Act, a General Armed
Police Court or a Battalion Armed Police Court may
be convened by ine State Government or the Inspector
General of Police.
(3) (i) Every General Armed Police Court shall
be presided over by three members to
be appointed by the State Government
or the Inspector General of Police.
(ii) An officer not below the rank of a
Superintendent of Police or Commandant
who has completed at least seven years
service in the same, equivalent or higher
rank, shall be the presiding judge of a
General Armed Police Court.
(iii) Two officers of the rank of a
superintendent of Police or a
Commandant of the Armed Police or an
Additional Superintendent of Police or a
Deputy commandant who have
completed at least three years service
in the same or equivalent rank shall be
the member judges of a General Armed
Police Court.
(4) (i) Every Battalion Armed Police Court shall
be presided over by three members to
be appointed by the State Government
of the Inspector General of Police.
51
(ii) An officer not below the rank of a
Superintendent 92 Police or a
Commandant of the Armed Police shall
be the presiding judge of a Battalion
Armed Police Court.
(iii) Two officers not below the rank of an
assistant commandant of the Armed
Police shal! be the member judge of a
Battalion Armed Police Court.
(5) The decision of the majority members shall
be the decision of armed Police court in respect of
every order or judgement to be passed by such court.
(6) Subject to the other provision of this Act—
(a) any offence under section 10 or 12 of this
Act shall be tried by General Armed Police
Court ;
(b) any offence under section 10 or 12 of this
Act shall be tried by a Battalion Armed
Police Court.
Provided that a General Armed Police Court or a
Battalion Armed Police Court shall not try an offence
committed by a member of the Aimed Police against
the person or property of a person who is not subject
to this Act.
(7) A General Armed Police Court or a Battalion
Armed Police Court may pass such sentence as is
authorised by this Act.
23. Appointment of Law Officer.—(1) Every
Armed Police Court may be attended by an officer not
below the rank of an Inspector of Police appointed by
the Inspector-General of Police to act as a presenting
officer for assisting such Court.
(2) Every trail by Armed Police Court under the
provision of this Act shall be deemed to be judicial
proceeding within the meaning of sections 193 and
228 of the Indian Penal Code and Armed Court shall
be deemed to be a Court within the meaning of Section
345 and 346 of the Criminal Procedure Code, 1973.
(3) An offence committed by a member of the
Armed Police may be enquired into and tried even after
he ceases to be a member thereof.
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24. Powers of Revision.—The State
Government or the Inspector-General of Police may,
on its or his own motion or otherwise, call for an
examine the records of any proceedings before a
General Armed Police Court as a Battalion Armed
Court respectively for the purpose of satisfying itself
or himself as to the correctness, legality or propriety
of any finding, sentence or order recorded or passed,
and pass such order as it or he may think fit.
25. Power of the State Government to direct
trial by ordinary criminal court.—Notwithstanding
anything contained in this Act the State Government
may, at any time, direct any proceeding which is to be
instituted or which is pending before Armed Police
Court to be tried by an ordinary criminal court of
competent jurisdiction.
26. Reference to the State Government regarding
jurisdiction.— (1) If any ordinary criminal court is of
opinion that an offence committed by a member of the
Armed Police is triable by it, such court may be a notice
in writing require the Inspector-General or Deputy
Inspector General or the Commandant within whose
command the accused person is serving or such other
officer as may be prescribed to deliver over the offender
to that court for triai.
(2) In every such case, the officer as aforesaid
shall either comply with the order of the court or, if he
is of opinion that such offence is triable by Armed
Police Court, refer the question to the State
Government for decision and inform the court about
such reference.
(3) The decision of the State Government as
regards the court by whicH such offence is Triable shall
be final and no Armed Police court of an ordinary
criminal court shall proceed in regards to trial of such
offence till the decision of the State Government.
27. Place of Trial.—Any person subject to this
Act who commits any offence may be tried and
punished for such offence in any place whatever.
53
28. Protection for acts done by the members
of the Armed Police.—(1) Any member of the Armed
Police when arrested shall be remanded to the custody
of the quarterguard, uniess otherwise directed by the
court or by the Commandant or Deputy Commandant
or Assistant Commandant.
(2) Inany suit or proceeding against any member
of the Armed Police for any act done by him in
pursuance of a warrant or order of competent authority,
it shall be lawful for him to plead that such act was
done by him under the authority of such warrant of
order.
(3) 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 Armed Police
shall thereupon be discharged from liability in respect
of the act so done by him. Notwithstanding any defect
in the jurisdiction of tiie authority which issued such
warrant or order.
(4) Notwithstanding anything contained in any
other law for the time being in force, no legal
proceeding (whether civil or criminal) which may
lawfully be brought against any member of the Armed
Police 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 made thereunder, shall
be commenced unless a notice in writing of such
proceedings and of the cause thereof has been given
to the defendent and his superior officer at least one
month before the commencement ci such proceeding.
29. Redressal of grievances.—Members of the
Armed Police are prohibited from adopting any means
other than those specified below for redressal of
grievances—
(1) by petition to Commandant through proper
channel or by personal appearance on request in the
Orderly Room of the Commandant ;
(2) in periodical meetings to be presided over by
the Commandant.
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30. Powers of the State Government to disband
or reconstitute the Armed Police.—
(1) The State government may, by notification
in the official Gazette, disband or reconstitute the
Armed Police or any Battalion thereof.
(2) Whenever the Armed Police or any Battalion
thereof is disbanded or reconstituted under sub-section
(1), it shall, notwithstanding anything contained in this
Act or any other enactment for the time being in force
and subject to such conditions as may be prescribed,
be lawful for the Government, with a view to such
disbandment or reconstitution, to discharge any
member of the Armed Police, and if he is enrolled under
the Police Act, 1861, and has not been confirmed,
discharge from the Police Force as well.
31. Power to make rules.—(1) The State
Government may, by notification in the official Gazette,
make rules for caiiying out the purpose of this Act.
(2) In particular and without prejudice to the
generality of the foregoing power, such rules may provide
for all or any of the following matters, namely :—
(a2) regulating the classes and grades of and
tha pay, pension, and other remuneration
of, members of the Armed Police and their
conditions of service in the Armed Police.
(b) regulating the powers and duties of officers
authorised to exercise any function by or
under this Act ;
(c) fixing the period of service for members of
the Armed Police ;
(d) regulating the award of departmental
punishments under section 15 and
providing for appeals from, or the revision
of, orders under that section or the
remissiono f fines imposed under that
section, and the remission of deductions
made under section 17 ;
(e) regulating the several or collective liabilitive of
members of theAmed Poalice in the case of
the loss or theft of weapons and ammunition ;
55
(f) forthe disposal criminal cases arising under
this act this act and for specifying the prison
in which a person convicted ih any such
case may be confined.
(3) Every rule made under this Act shall be laid
as soon as may be after it is made before the
Legislative Assembly while it is in session for a total
period of not less than fourteen days which may be
comprised in one session or in two or more successive
sessions, and if, before the expiry of the session in
which it is so laid of the session aforesaid the Assembly
make any modification in the rule or decide that the
rule shall not be made, tha rule sh~l! 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.
THE SCHEDULE STATEMENT
(See section 6)
After you have served in the Arunachal Armed
Police for 7 years, or such period as the Government
of Arunachzl Pradesh may prescribe, you may, at any
time when not on active duty, anrniy for discharge,
through the officer to whom you may be subordinate, to
the Commandant, and you will be granted your
discharge after two months from date of ycur application,
unless your discharge would cause the vacancies in
the Armed Police to exceed one month ¢f the sanctioned
strength in which case you shail be bound to remain
until this objection waived or aincved. But when on
active duty, you shall have no claim to a discharge, and
you shall be bound o reimain to do your duty until the
necessity for retaining you in the Armed Police ceases
when you may make your applicatior: in the above
mentioned manner :
Providzd that, if you wish to withdraw from the
Armeg Police, you may submit you resignation at any
time before the expiration of the first three months of
your service, but not afterwards, until the compietion of
the period prescribed, as aforesaid : the Commandant
may either accept your resignation forthwith or at the
end of three months from the date of its receipt :
56
Provided, also, that the Commandant, may, if he
thinks fit allow you to resign at any time on your giving
three months notice of your wish to do so.
In the event of your re-enrolment after you have
been discharged, you will have no claim to reckon, for
pension, seniority or any other purpose, your service
previous to your discharge.
NAME IN BLOCK LETTERS
(Signature of the member of the Armed
Police in acknowledgement of the
above having been read out to him).
Father's name
Address
Village
P.S.
Post office
District
State
Photograph of the
candidate duly attested
by the enrolling ofiicer.
(Space for impression of the member's
Left thumb to be taken in the presence
of the enrolling officer).
(Signed in my presence after | had
asceilained ihat tie candidate
understood the purport of what he signed).
RO i ece s s NAME IN BLOCK LETTERS,
Commandant,
का 1: or other authorised enrolling Officer.