Bare Acts

CHAPTER XI MISCELLANEOUS


153. 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
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.
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154. Protection for acts of members of the Force.–(1) In any suitor 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.
155. Power to make rules.–(1) The Central Government may, by notification, make rules for the
purpose of carrying out 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 manner of constitution of the Force and conditions of service of its members under
section 4;
(b) superintendence, direction and control of the Force under section 5;
(c) the persons to be enrolled to the Force, mode of enrolment and procedure thereof under
section 6;
(d) the authority, to whom resignation to be submitted and the permission for withdrawal from
duty to be obtained from, under section 8;
(e) the dismissal, removal and reduction in rank of persons under section 11;
(f) the authority and other matters required to be prescribed under section 13;
(g) the amount and the incidence of fine to be imposed under section 60;
(h) the manner and extent of deductions from pay and allowances and the authority there for
under section 66;
(i) the procedure of investigation of an offence and the manner and period of detention of persons
under section 70;
(j) the manner of making the report by the commanding officer in respect of delay in convening
Force Court under section 71;
(k) the authority to appoint the court of inquiry and the manner of appointment thereof under
section 74;
(l) the manner of convening Force Courts under section 76;
(m) the persons by whom an accused may be defended in a trial and appearance of such persons
under section 91;
(n) the recruitment and conditions of service of the Judge Attorney- General, Deputy Judge
Attorney-General, Additional Judge Attorney-General and Judge Attorney under section 95;
(o) the officer to annul proceedings of the Force Court under section 132; and
(p) 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 the 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
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annulment shall be without prejudice to the validity of anything previously done under that rule.
156. Provisions as to existing Sashastra Seema Bal.–(1)The Sashastra Seema Bal in existence at the
commencement of this Act shall be deemed to be the Force constituted under this Act.
(2) The members of the Sashastra Seema Bal 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 Sashastra Seema Bal 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. 

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