153. Rank structure.—(1) The officers and other members of the Force shall be classified in
accordance with their ranks in the following categories, namely:—
(a) officers—
(i) Director-General.
(ii) Additional Director-General.
(iii) Inspector-General.
(iv) Deputy Inspector-General.
(v) Additional Deputy Inspector-General.
(vi) Commandant.
(vii) Second-in-Command.
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(viii) Deputy Commandant.
(ix) Assistant Commandant.
(b) subordinate officers—
(i) Subedar-Major.
(ii) Subedar/Inspector.
(iii) Sub-Inspector.
(c) under officers—
(i) Head Constable.
(ii) Naik.
(iii) Lance naik.
(d)enrolled persons other than under officers—constable.
(2) The matters relating to inter se seniority of persons belonging to the same rank shall be
determined in accordance with such rules as may be prescribed.
(3) Notwithstanding anything contained in this Act, the Director-General may, subject to
confirmation of the Central Government as provided hereinafter, grant to an officer or a Subedar-Major of
the Force a rank, mentioned in clause (a) of sub-section (1) as a local rank, whenever considered
necessary by him in the interest of better functioning of the Force.
(4) An officer of the Force holding a local rank,—
(a) shall exercise the command and be vested with the powers of an officer holding that rank;
(b) shall cease to hold that rank if the grant of such rank is not confirmed within one month by the
Central Government or when so ordered by the Director-General or when he ceases to hold the
appointment for which the rank was granted;
(c) shall not be entitled to claim any seniority over other officers of the Force by virtue of having
held such rank; and
(d) shall not be entitled to any extra pay and allowances for holding such rank.
Explanation I.—Assistant Commandant shall also include a Joint Assistant Commandant in case of
personnel belonging to cadres of Motor Mechanic, Combatant Ministerial and Combatant Stenographer of
the Force.
Explanation II.—Sub-Inspector shall include an Assistant Sub-Inspector in case of personnel
belonging to Combatant Ministerial cadre of the Force.
154. Powers and duties conferrable and imposable on members of the Force.—(1) The Central
Government may, by general or special order published in the Official Gazette, direct that, subject to such
conditions and limitations as may be specified in the order, any member of the Force may exercise or
discharge such of the powers or duties under any Central Act as may be specified in the said order, being
the powers and duties which, in the opinion of the Central Government, an officer of the corresponding or
lower rank is by such Central Act empowered to exercise or discharge for the said purposes.
(2) The Central Government may, by general or special order published in the Official Gazette, confer
or impose, with the concurrence of the State Government concerned, any of the powers or duties which
may be exercised or discharged under a State Act by a police officer upon a member of the Force who, in
the opinion of the Central Government, holds a corresponding or higher rank.
(3) Every order made under this section shall be laid, as soon as may be after it is made, before each
House of Parliament, while it is in session, for a total period of thirty days which may be comprised in
one session or in two or more successive sessions and if, before the expiry of the session immediately
following the session or the successive sessions aforesaid, both Houses agree in making any modification
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in the order or both Houses agree that the order should not be made, the order shall thereafter have effect
only in such modified form or be of no effect, as the case may be; so, however, that any such modification
or annulment shall be without prejudice to the validity of anything previously done under that order.
155. Protection for acts of members of the Force.—(1) In any suit or proceeding against any
member of the Force for any act done by him in pursuance of a warrant or order of a competent authority,
it shall be lawful for him to plead that such act was done by him under the authority of such warrant or
order.
(2) Any such plea may be proved by the production of the warrant or order directing the act, and if it
is so proved the member of the Force shall thereupon be discharged from liability in respect of the act so
done by him, notwithstanding any defect in the jurisdiction of the authority which issued such warrant or
order.
(3) Notwithstanding anything contained in any other law for the time being in force, any legal
proceeding (whether civil or criminal) which may lawfully be brought against any member of the Force
for anything done or intended to be done under the powers conferred by, or in pursuance of any provision
of this Act or the rules, shall be commenced within three months after the act complained of was
committed and not otherwise, and notice in writing of such proceeding and of the cause thereof shall be
given to the defendant or his superior officer at least one month before the commencement of such
proceeding.
156. Power to make rules.—(1) The Central Government may, by notification, make rules for the
purpose of carrying into effect the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for—
(a) the constitution, governance, command and discipline of the force;
(b) the enrolment of persons to the Force and the recruitment of other members of the Force;
(c) the conditions of service (including deductions from pay and allowances) of members of the
Force;
(d) the precedence, powers of command and authority of the officers, subordinate officers, underofficers and other persons subject to this Act;
(e) the dismissal, removal, retirement, release or discharge from the service of persons subject to
this Act;
(f) the purposes and other matters required to be prescribed under section 13;
(g) the amount and incidence of fine to be imposed under section 60;
(h) the convening, constitution, adjournment, dissolution and sittings of Force Courts, the
procedure to be observed in trials by such Courts, the persons by whom an accused may be defended
in such trials and the appearance of such persons thereat;
(i) the confirmation, revision and annulment of, and petitions against, the findings and sentences
of Force Courts;
(j) the forms of orders to be made under the provisions of this Act relating to Force Courts and
the awards and infliction of death, imprisonment and detention;
(k) the constitution of authorities to decide for what persons, to what amounts and in what
manner, provisions should be made for dependants under section 67 and the due carrying out of such
decisions;
(l) the carrying into effect of sentences of Force Courts;
(m) any matter necessary for the purpose of carrying this Act into execution, as far as it relates to
the investigation, arrest, custody, trial and punishment of offences triable or punishable under this
Act;
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(n) the ceremonials to be observed and marks of respect to be paid in the Force;
(o) the convening of, the constitution, procedure and practice of, courts of inquiry, the
summoning of witnesses before them and the administration of oaths by such courts;
(p) the recruitment and conditions of service of Judge Attorney-General, Additional Judge
Attorney-General, Deputy Judge Attorney-General and Judge Attorney;
(q) the disposal of the private or regimental property, or any other dues including provident fund
of persons subject to this Act who die or desert or are ascertained to be of unsound mind or while on
active duty are officially reported as missing;
(r) any other matter which is to be, or may be, prescribed, or in respect of which provision is to
be, or may be, made by rules.
(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House
of Parliament, while it is in session, for a total period of thirty days which may be comprised in one
session or in two or more successive sessions, and if, before the expiry of the session immediately
following the session or the successive sessions aforesaid, both Houses agree in making any modification
in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only
in such modified form or be of no effect, as the case may be; so, however, that any such modification or
annulment shall be without prejudice to the validity of anything previously done under that rule.
157. Provisions as to existing Indo-Tibetan Border Police Force.—(1) The Indo-Tibetan Border
Police Force in existence at the commencement of this Act shall be deemed to be the Force constituted
under this Act.
(2) The members of the Indo-Tibetan Border Police Force in existence at the commencement of this
Act shall be deemed to have been appointed or, as the case may be, enrolled as such under this Act.
(3) Anything done or any action taken before the commencement of this Act in relation to the
constitution of the Indo-Tibetan Border Police Force referred to in sub-section (1), in relation to any
person appointed or enrolled, as the case may be, thereto, shall be as valid and as effective in law as if
such thing or action was done or taken under this Act:
Provided that nothing in this sub-section shall render any person guilty of any offence in respect of
anything done or omitted to be done by him before the commencement of this Act.