5. (1) The Central Government may, by notification, constitute an Inter-services
Organisation, which may include a Joint Services Command, comprising of units or service
personnel who are subject to any of the Service Acts, as may be placed under the command
of the Commander-in-Chief or, as the case may be, the Officer-in-Command.
(2) The Central Government may, by an order published in the Official Gazette, direct
that any power exercisable by the Commander-in-Chief or, as the case may be, the
Officer-in-Command may also be exercisable by any other officer specially empowered in
this behalf by the said Government.
6. (1) Notwithstanding anything contained in this Act,—
(a) the Inter-services Organisations constituted by the Central Government
and functioning as such immediately before the date of commencement of this Act,
shall be deemed to have been constituted under the provisions of this Act;
(b) the Commander-in-Chief or, as the case may be, the Officer-in-Command of
an Inter-services Organisation, who has been appointed and functioning as such
immediately before the date of commencement of this Act, shall be deemed to have
been appointed under the provisions of this Act.
(2) Nothing contained in this Act shall render invalid any action taken or acts
performed, immediately before the commencement of this Act, by the Inter-services
Organisation, or by the Commander-in-Chief or by the Officer-in-Command, as the case may
be, of an Inter-services Organisation, while functioning as such under any law applicable at
that time.
7. (1) The Commander-in-Chief or, as the case may be, Officer-in-Command of an
Inter-services Organisation, shall be the head of such Inter-services Organisation and shall
exercise command and control over the personnel serving in or attached to that Inter-services
Organisation, for the purpose of maintenance of discipline and proper discharge of their
duties.
Special
provision for
certain forces
under Central
Government.
Constitution
of Interservices
Organisation
or Joint
Services
Command.
Existing
Inter-services
Organisations
and
Commanderin-Chief or
Officer-inCommand to
continue.
Powers of
Commanderin-Chief or
Officer-inCommand.
4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(2) For the purposes of sub-section (1), the Commander-in-Chief or, as the case may
be, the Officer-in-Command of an Inter-services Organisation shall be competent to exercise
all the disciplinary and administrative powers vested in and exercised by—
(a) the General Officer Commanding the Army;
(b) the Flag Officer Commanding-in-Chief of a Naval Command;
(c) the Air Officer Commanding-in-Chief of an Air Command;
(d) any other officer or authority specified in the Service Acts or in the rules and
regulations made thereunder, including the powers conferred by warrants or
commissions issued under the provisions of such Service Acts; and
(e) any other officer or authority as may be specified in the notification issued
under section 4.
8. The Commanding Officer of an Inter-services Organisation shall, in addition to
having command over any unit, ship or establishment, also perform such duties as may be
assigned to him in respect of such Inter-services Organisation by its Commander-in-Chief
or, as the case may be, the Officer-in-Command and shall be empowered to initiate all
disciplinary or administrative actions over the personnel appointed, deputed, posted or
attached to that Inter-services Organisation.
9. The superintendence of the Inter-services Organisation shall vest in the Central
Government, which shall have the power to issue directions to each of such organisations,
on any matters concerning national security or general administration, if it considers
necessary and expedient so to do in the public interest.
10. Notwithstanding anything contained in the Service Acts, the Central Government
may, by notification, declare that any service personnel or class of service personnel to
whom the Service Acts apply shall, with reference to any Inter-services Organisation in
which he or they may be serving in or attached to or with reference to any provision of this
Act, be deemed to be on active service within the meaning of this Act and the Service Acts.