Tripura act 04 of 1984 : The Tripura State Rifles Act, 1983

Tripura Act No. 4 of 1984.. THE TRIPURA STATE RIFLES

ACT, 1983.

Published in the EXTRAORDINARY ISSUE OF TRIPURA GAZETTE Agartala, Monday, August 27, 1984 A. D. Bhadra 5, 1906 S. E.

GOVERNMENT OF TRIPURA

LAW DEPARTMENT

No. F. 2(4)-LA W/LEG /84 Dated, Agartala, the 27th July, 1984.

• The following Act of the Tripura Legislative Assembly received assent of the President of India on 4-7-1984 and is hereby published for general information.

. ! Tripara Act No. A of 1984.

TRIPURA STAT~ RIFLES ACT, 1983

ACT

to provide for the Constitution and regulation of the Tripura State Rifles. WHEREAS it is expedient to provide for the constitution and regula- tion of the Tripara State Rifles;

BE.it enacted by the Tripura Legislative Assembly in the Thirty Fourth Year of the Republic of India as follows ;-

•

CHAPTER-I

PRELIMINARY

same shall be deem of receipt by a m fficer to r -nder su er sources about l

enemy or other per ions ;

(b) "Assistant Commandant" means a person appointed by the State Government to be an Assistant Commandant of a Battalion of the Rifles who may be assigned with the duties of an Adjutant, Quarter-master or Company Commander by the Commandant; .

(c) "Close arrest" means confinement within the Lines or a detachment or a post or quarterguard building or tent under charge of a guard;

(d) "Commandant" means a person appointed by the State Government to be a Commandant of a Battalion of the Ritles;

(e) "Deputy Commandant" means a person appointed by the State Government to be the Second-in-Command of a Battalion of the Rifles;

(f) "Deputy Inspector General" means a Deputy Inspector General of Police, Tripura, who has been empowered by the State Government to do the duties relating to regulation of the Rifles and to exercise powers and functions under this Act;

(g) "Enrolled Follower" means any person appointed to do the work of a cook, masalchi, water-carrier, mess-servant, ward- boy, washerman, cobbler, barber, sweeper, helper or cleaner;

(h) "Inspector General" means the Inspector General of Police, Tripura; • (i) "Member of the Rifles"· means a person who has been appointed to the Rifles by the Inspector General or, as the case may be, by the Commandant and includes a Subordi- nate Officer, a Rifleman, an Enrolled Follower and a person appointed in subordinate rank under the Police Act, 1861 or in Defence service or a para-military personnel, posted to the Rifles on deputation in such ranks;

(j)" aib Subedar" means a person appointed by the Comman- dant to be a Naib Subedar who may be assigned with the duties of the Platoon Commandar or with such other duties as may be specified by the commandant from time to time;

(k) "Open arrest" means confinement within the precincts of any barracks, lines or camp for the time being occupied by any part of the Rifles;

(I) "Prescribed" means prescribed by rules made under this Act;

(m) "Quarter Guard" means a building or tent under guard within the precinct of the Headquarters of a Battalion, Company or Platoon of the Rifles used permanently or temporarily for the safe custody of arms, ammunition, munitions and cash or for the imprisonment, detention or custody of the mem- bers of the Rifles accused of or convicted for any offence under this Act or other Acts;

(n) "Rifleman" means a person appointed as Rifleman by the Commandant and incudes a Havildar, aik and Lance-Naik ;

(0) "State Government" means the Government of Tripura;

(p) "Subordinate Officer" means a member of the Rifles who is of the rank of Subedar or aib Subedar;

(q) "Supedar" means a person appointed by the Inspector Gene- ral 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 lnspector 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 amengst the Inspectors of Police, Tripura;

(r) "Superior Officer", in relation to any member of the Rifles, means-

(i) any officer of a rank which is higher than that of such member; and

(ii) a Commandant, Deputy' Commandant or Assistant Com- mandant; (s) "the Rifles" means the Tripura State Rifles;

(t) the expressions "assault", "Criminal force", "fraudulently",

"reason to belive" 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 Code shall have the meaning assigned to them in that code.

CHAPTER-~I

CONSTITUTION OF THE RIFLES AND GENERAL DUTIES OF

THE MEMBERS OF THE RIFLES 4 Constitution of the Riftes.-(l) There shall be a force raised and m •.•n. , ...i•ned by the State Government and called the Tirpura State Rifles.

(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 Rifles into Battalions, each Battalion into compa- nies, each Company into platoons and each platoon into Sections, 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 Rifles. shall receive such pay, pension and .other remuneration as may be prescribed.

5. Appointment and powers of Superior Officers.-(l) The State Government 'may appoint to the Rifles a Commandant and such other persons as it thinks fit to be Deputy Commandants and Assistant Comman- dants.

(2) The Commandant, Deputy Commandant or Assistant Com- mandant shall have, and may exercise, such powers and authority as may be provided by or under this Act.

(3) The Inspector General may appoint Subedars:

Provided that the Inspectors of Police, Tripura, may also be deputed to the Rifles as Subedars by the Inspector General.

(4) The Commandant may appoint Subordinate' officers (other than Subedars), Rifleman and Enrolled Followers.

6. Enrolment.-Before a person is appointed to be a member of the Rifles, 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(l) of section 5 and shall be signed by such person in acknowledgement of its having been read out to him:

Provided that any person who has, for a period of six months, served with the Rifles, shall, on appointment to the Rifles thereafter, be deemed to be a member of the Rifles, notwithstanding that the provisions of this section have not been complied with in his case.

7. Resignation and Withdrawal from the Rifles-No member of the Rifles shall be at liberty to-

(a) resign his appointment 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 appoint- ment, without the previous permission in writing of the Com- mandant or Deputy Commandant or any other officer autho- rised by the Commandant to grant such permission.

8. General duties of members of the Rifles.-It shall be the duty of every member of the Rifles promptiy-

(a) to obey and to execute all orders and warrants lawfully issued to him by any competent authority, to detect and bring offen- ders to justice and to apprehend all persons whom he is legally authorised to apprehend and for whose apprehension suffi- cient 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 Rifles shall be liable to serve without any beyond as well as anywhere within the territory of India. CHAPTER-Ill

SUPERINTENDENCE, CONTROL AND ADMINISTRATION OF

THE RIFLES

9. Superintendence, Control and Administration of the Rifles.-{l) The Superir.tendence of, and control over, the Rifles shall vest in the State Government and the Rifles shall be administered by the State Government in accordance with the provisions of this Act and of any rules made there- under throigh the Inspector General, or such Deputy Inspector General and other cfficers as the state Government may from time to time direct in this behalf.

(2) The Headquarters of the Rifles shall be at such place as may from time t time be specified by the State Government.

(3) While on active duty outside the State, the Rifles shall be subject to the general control and direction of such authority or officer a may be prescribed or as may be specially appointed by the State Govern- ment in this behalf.

OFFE CES A D PU ISHMENTS

10. More heinous offences.-Every member of the Rifles who-

(a) 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 hav- ing reason to believe in the existence of any mutiny, or of any intention or conspiracy to mutiny or of any cons- piracy against the State does not, without delay, give information thereof to his superior officer; or

(b) 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

(c) shamefully abandons or delivers up any post or guard which is committed to his charge, or which it is his duty to defend; or

(d) directly or indirectly holds correspondence with, or assists or relieves any person in arms against the State Of

omits to discover immediately to his superior officer any such correspondence coming to his knowledge; or who, while on active duty,-

(e) .disobeys the lawful command of his superior officer; or

(f) deserts the Rifles; or

(g) being a sentry, sleeps upon his post or quits it without being regularly relieved or without leave; or

(h) leaves his Commanding Officer, or his post or party, to go in search of plunder; or

(i) quits his guard, picquet, party or patrol without being regularly relieved or without leave; or

(j) uses criminal force to, or commits an assault on, any person bringing provisions or other necessaries to camp or quarters or forces a safeguard or breaks into any house or other place for plunder, or plunders, destroys or damages property of any kind; or

(k) intentionally causes or spreads a false alarm in action or in camp, garrison or quarters; or

(1) displays cowardice in the execution of his duty; shall be punishable with imprisonment for life or with imprison- ment for a term of not less than seven years or with imprisonment for a term which may extend to fourteen years or with fine which may extend to three-months' payor with fine to that extent in addition to such sen- tence of imprisonment for life or imprisonment for any term as aforesaid. 11, Less heinous offences.-Every member of the Rifles who-

(a) is in a state of intoxication when on, or after having

,._been warned for, any duty or on parade or on the line or march; or

(b) strikes or attempts to force any sentry; or

(c) being in command of a guard, picquet or patrol, refuses to receive any prisoner or person duly committed to his charge, or without proper authority releases any person or prisoner placed under his charge, or negligently suffers any such prisoner or person to escape; or

(d) being under arrest or in confinement leaves his arrest or confinement, before he is set at Iiberty by lawful autho- rity; or

(e) is grossly insubordinate or insolent to his superior officer if!. the execution of his office; or

(f) refuses to superintend 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

(g) strikes or otherwise ill-uses any member of the Rifles subordinate to him in rank or position; or

(h) designedly .or through neglect injures or loses or fradu- lently disposes of his arms, clothes, tools, equipments, ammunition or accoutrements, or any such articles entrus- ted to him or belonging to any other person; or

(i) malingers or feigns or produces disea e or infirmity in himself or intentionally delays his cure, or aggravates his disease or infirmity; or

(j) with intent to render himself or any other person unfit for service voluntarily causes hurt to himself or any other person; or

(k) does not, when called upon by his superior officer so to do or upon ceasing to be a member of the Rifles, forth- with deliver up or duly account for, all or any arms, ammunition, stores, accoutrements or other 'property issued or supplied to him or in his custody or possession as such member; or

(1) knowingly furnishes a false return or report of the num- ·ber or state of any men under his command or charge or of any money, arms, ammunition, clothings, equip, ments, 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 Rifles, or who through design or culpable neglect, omits or refuses to make or send any return or report of the matters afore- said; or

(m) absents himself without leave, or without sufficient cause. overstays leave granted to him; or

(n) is guilty of any act or omission which, though not speci- fied in this Act, is prejudicial to good order and discipline; or

(0) contravenes 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 in clauses (e) to (1) (both inclusive) of section lO,

shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to three months' payor with both.

. T2. Minor punishments.-(l) The Commandant or any other autho- rity or officer as may be prescri ed, may subject to any rules made under this Act, award in lieu of, or in addition to, suspension or dismissal, any one or more of the following punishments to any member of the Rifles whom he considers to be guilty of disobedience, neglect of duty or remissness in the discharge of any duty or of other misconduct in his capa- city as member of the Rifles, that is to say-

(a) reduction in rank;

(b) fine of any amount not exceeding one month's pay and allowances;

exceeding twenty-eight days;(d) confinement in the quarterguard for not more than twenty eight days, with or without punishment drill or extra

guard, fatigue or other duty;

(e) removal from any office or distinction or special emolu-

ments in the Rifles;

(f) severe censure or censure:

.Previded that the punishment, specified in clause (cl), shall not be awarded to any Havildar, Naik or Lance-Naik,

(2) When in command of any detachment away from the Head Quarters, 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 Rifleman or an Enrolled Follower.

(3) The Deputy Commandant, an Assistant Commandant or a subordinate officer not being below the rank of Subedar, commanding a separate detachment or an outpost or in temporary command at the head- quarters of a Battalion of the Rifles, may, without a formal trial, award to any Rifleman or Enrolled Follower, who is for the time being subject to his authority, anyone or more of the following punishments for the

commission of any petty offence against di cipline which is not otherwise provided for in this Act, or which is not of 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 r such other place as may be considered suitable with forfeiture of all pay and allowances during its continuance;

(b) punishment drill, extra-guard, fatigue or other duty, for not mere than fourteen days, with or without confinement to quarters, lines or camp;

Provided that the punishments specified in clauses (a) and (b) shall not be awarded to a Havildar, Naik or Lance Naik.

(4) A Naik Su'iedar who is temporarily in command of a detach- ment or an outpost mt y, in like manner and for the commission of any like offence, award to a ny Rifleman below the rank of Lance aik or any Enrolled Follower, for .he 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 in lines and confinement in quarter guard are awarded to a person conjointly, whether or not he is a"ready undergoing one or more of the said punish- ments, the total period of such confinement shall not exceed fortytwo days at a time.

13. Place of impris nment and liability to dismissal on imprisonment.-

(1) Every person sentenced under this Act to imprisonment may be dismissed from the Rifles and shall further be liable to forfeiture of pay, allowances and any other moneys due to him, as well as of any medals and decorations received by him.

(2) Every such per on shall, if he is so dismissed, be imprisoned in the prescribed prison, but if he is not also dismissed from the Rifles, he may, if the Court or the Commandant so directs, be confined in the quarterguard or such other place as the Court or the Commandant may' consider suitable.

14. Deductions from pay and allowance.-The following penal deduc- tions may be made from the pay and allowances of a member of the Rifles by his Company Commander, that is to say,-

(a) all pay anc allowances for every day of absence either on deser- tion or without leave and for every day of imprisonment awar- ded by a criminal Court or of confinement awarded under section 12;

(b) all pay and allowances for every day whilst he is in custody on a charge for an offence of which he is afterwards convic- ted ;

(c) all pay and allowances for every day on which he is in hospi- talon 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 12; and

(e) such sum as may be ordered by the Commandant or Deputy Commandant in order to make good any expenses caused by the member of the Rifles, or any loss of or damage or destruc- tion done by him to any arms, ammunition, equipment, clothing, instruments or decorations belonging to the Rifles or to any buildings or property.

15. Collective fincs.-Whenever any weapon, part of a weapon or ammunition, forming part of the equipment of a Company or other sim'Iar unit of the Rifles, is lost or stolen, the Commandant may, after making such inquiry as he thinks fit and subject to such rules as may be pres- cribed, 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 such loss or theft. .,

16. Arrest.-(1) Any member of the Rifles who commits any offence specified in Section 10 or section 11 may be placed on open or close arrest by any officer of the Rifles superior in rank to the offender.

(2) Where any subordinate officer orders an arrest under sub- section (1), he shall forthwith or at the earliest opportunity report the arrest to his Company or Detachment Commander who shall, after investi- gating the case order the release or the continued arrest of the member of the Rifles arrested.

17. Suspension.-(1) The Inspector General, Deputy Inspector Gene- ral or the Commandant may place a member of the Rifles under suspen- sion pending inquiry or trial of an offence under this Act or any other law for the time being in force.

(2) A Deputy Commandant or an Assistant Commandant, when authorised by the Commandant, may place a Rifleman or an Enrolled Follower under suspension pending enquiry or 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 Rifles under sus- pension 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,

./ '

. 1 '

CHAPTER-IV

MISCELLANEOUS

18. Powers and duties conferrable and impossible on members of the Rifles, and the. superior officers.-(1) All superior officers and members of the Rifles shall be deemed to be Police officers under the Police Act, ]861 (V of 1861).

(2) Commandant, Deputy Commandant or Assistant Comman- dant shall be entitled to all the privileges which a Police Officer 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 in this behalf, exercise all the powers of a District Superintendent of Police within the meaning of the Police Act, 186l.

(3) Notwithstanding anything contained in the Code of Criminal Procedure, ]973 (Act 2 of 1974), the State Government may invest the Commandant or a Deputy Commandant with the powers of a Judicial Magistrate of any class for the purpose of inquiring into or trying any offence committed by a member of the Rifles and punishable under this Act, or any offence committed by a member of the Rifles against the person or property of another member:

Provided that-

(i) when the offender is on leave or absent from duty, or

(ii) when the offence is not connected with the offender's duties as a member of the Rifles.

the offence may, if the prescribed authority within the limits of whose jurisdiction the offence has been committed so directs, be inquired into r tried by an ordinary criminal court having jurisdiction in the matter.

19. Protection for acts done by the members of the Riftes.-(1) Any member of the Rifles when arrested shall be remanded to the custody of the Quartcrguard, unless otherwise directed by the court or by the Com- mandant or Deputy Commandant or Assistant Commandant.

(2) In any suit or proceeding against any member of the Rifles for any act done by him in pursuance of a warrant or order of a compe- tent authority, it shall be lawful for him to plead that such act was done by him under the authority of such warrant or 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 Rifles 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,

(4) 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 Rifles for any- thing done or intended to be done under the powers conferred by, or in pursuance of, any provision of this Act or the rules thereunder, 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 and his superior officer at least one month before the commencement of such proceeding.

20. Redressal of grievances.-Members of the Rifles 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 meet to be presided over by the Commandant;

(3) in such other manner as may be prescribed.

21. Powers of the State Government to disband or recon. itute the Rifles.-(1) The State Government may, by notification in the Official Gazette, disband or reconstitute the Rifles or any Battalion thereof.

(2) Whenever the Rifle 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 dis- charge any member of the Rifles, and if he is enrolled under t^11CPolice Act, 1861, and has 110t been confirmed, discharge from the Police Force as well.

22. Power to make rules.-(1) The State Government may, by notifi- cation in the official Gazette, make rules for carrying out the purposes 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 :-

(a) regulating the classes and grades of and the pay, pension, and other remuneration of. members of the Rifles, and their conditions of service in the Rifles;

(b) regulating the Dowers and duties of officers authorised to exercise any function by or under this act;

(d) regulating the award of minor punishments under sec- tion 12 and providing for appeals from, or the revision of, orders under that section or the remission of fines imposed under- that section, and the remission of deduc- tions made under section 14. -...

(e) regulating the several or collective liability of members of the Rifles in the case of the loss or theft of weapons and ammunition;

(f) for the disposal of criminal cases arising under this act and for specifying the prison in which a person convicted in 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 or the sessions afore- said the Assembly makes any modification in the rule or decide that the rule shall 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 vali- dity of anything previously done under that rule.

THE SCHEDULE

STATEMENT

(See Section 6) After you have served in the Tripura State Rifles for 7 years, or such period as the Government of Tripura may prescribe, you may, at any time when not 01' active duty, apply 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 the date of your application, unless your discharge would cause the vacancies in the Rifles to exceed one-tenth of the sanctioned strength in which case you shall be bound to remain until this objection is waived or removed. But when on active duty, you shall have no claim to a discharge, and you shall be bound to remain to do your duty until the necessity for retaining you in the Rifles ceases when you may make your application in the above mentioned manner:

Provided that, if you wish to withdraw from the Rifles, you may submit your resignation at any time before the expiration of the first three months of your service, but not afterwards, until the completion of the penod prescribed, as aforesaid; the Commandant may either accept your

resignation forthwith or at the end of three months from the date of its receipt:

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 I BLOCK LETTERS

(Signature of the member of the Rifles in acknowledgement of the above having been read out to him).

Father's name

Address

Village ^I^f~. S. Post Office District

State

1~~~tOgra-Ph of the - ,I candidate duly , I

attested by the 1 ~nrOII~ng Officer~__ \ (Space for impression of the members' Left thumb to be taken in the presence

of the erolling officer).

(Signed in my presence after I had

ascertained that the candidate ( AME IN BLOCK LETTERS)

understood the purport of what Commandant

he signed). or other authorised enrolling officer

Place .

Date .

By order of the Governor,

A. B. Paul

Deputy Secretary Law. ----------

Printed at the Tripura Government Press, Agartala.

Printed bv The Manager. Tripura Government Press, A ga rt a la...

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