THE ASSAM RIFLES ACT, 2006

ACT NO. 47 OF 2006 · Enacted [3rd November, 2006.] · 168 sections

PRELIMINARY

Section 1.Short title and commencement.

Section 2.Definitions.

Section 3.Persons subject to this Act.

CONSTITUTION OF THE FORCE AND CONDITIONS OF SERVICE OF THE MEMBERS OF THE FORCE

Section 4.Constitution of Force.

Section 5.Control, direction, etc.

Section 6.Enrolment.

Section 7.Liability for service outside India.

Section 8.Resignation and withdrawal from the post.

Section 9.Tenure of service under the Act.

Section 10.Termination of service by Central Government.

Section 11.Dismissal, removal or reduction by Director-General and by other officers.

Section 12.Certificate of termination of service.

Section 13.Restrictions on right to form association, freedom of speech, etc.

SERVICE PRIVILEGES

Section 14.Authorised deduction only to be made from pay.

Section 15.Remedy of aggrieved persons other than officers.

Section 16.Remedy of aggrieved officers.

Section 17.Immunity from attachment.

Section 18.Immunity from arrest for debt.

Section 19.Immunity of persons attending Assam Rifles Court from arrest.

Section 20.Saving of rights and privileges under other laws.

OFFENCES

Section 21.Offences in relation to the enemy and punishable with death.

Section 22.Offences in relation to the enemy and not punishable with death.

Section 23.Offences punishable more severely on active duty than at other times.

Section 24.Mutiny.

Section 25.Desertion and aiding desertion.

Section 26.Absence without leave.

Section 27.Striking or threatening superior officers.

Section 28.Disobedience to superior officer.

Section 29.Insubordination and obstruction.

Section 30.Fraudulent enrolment.

Section 31.False answers on enrolment.

Section 32.Unbecoming conduct.

Section 33.Certain forms of disgraceful conduct.

Section 34.Ill-treating a subordinate.

Section 35.Intoxication.

Section 36.Permitting escape of person in custody.

Section 37.Irregularity in connection with arrest or confinement.

Section 38.Escape from custody.

Section 39.Offences in respect of property.

Section 40.Extortion and corruption.

Section 41.Making away with equipment.

Section 42.Injury to property.

Section 43.False accusations.

Section 44.Falsifying official document and false declarations.

Section 45.Signing in blank and failure to report.

Section 46.Offences relating to Assam Rifles Court.

Section 47.False evidence.

Section 48.Unlawful detention of pay.

Section 49.Violation of good order and discipline.

Section 50.Miscellaneous offences.

Section 51.Attempt.

Section 52.Abetment of offences that have been committed.

Section 53.Abetment of offences punishable with death and not committed.

Section 54.Abetment of offences punishable with imprisonment and not committed.

Section 55.Civil offences.

Section 56.Civil offences not triable by an Assam Rifles Court.

PUNISHMENTS

Section 57.Punishment awardable by Assam Rifles Courts.

Section 58.Alternative punishments awardable by Assam Rifles Courts.

Section 59.Combination of punishments.

Section 60.Retention in the Force of a person convicted on active duty.

Section 61.Punishments otherwise than by Assam Rifles Courts.

Section 62.Minor punishments.

Section 63.Limit of punishments under section 62.

Section 64.Punishment of officers below the rank of Deputy Commandant, subordinate officers and Warrant Officer by Deputy Inspectors-General and others.

Section 65.Punishment of officers below the rank of a Commandant, subordinate officers and Warrant Officer by the Inspectors-General and others.

Section 66.Punishment or subordinate officers and Warrant Officer by Commandant, etc.

Section 67.Collective fines.

PENAL DEDUCTIONS

Section 68.Deductions from pay and allowances of officers.

Section 69.Deductions from pay and allowances of persons other than officers.

Section 70.Computation of time of absence or custody.

Section 71.Pay and allowances during trial.

Section 72.Limit of certain deductions.

Section 73.Deduction from public money due to a person.

Section 74.Pay and allowances of prisoner of war during inquiry into his conduct.

Section 75.Remission of deductions.

Section 76.Provision for dependants of prisoner of war from remitted deductions.

Section 77.Provision for dependants of prisoner of war from his pay and allowances.

Section 78.Period during which a person is deemed to be a prisoner of war.

ARREST AND PROCEEDINGS BEFORE TRIAL

Section 79.Custody of offenders.

Section 80.Duty of Commandant in regard to detention.

Section 81.Interval between committal and trial.

Section 82.Arrest by civil authorities.

Section 83.Capture of deserters.

Section 84.Inquiry into absence without leave.

Section 85.Force Police Officers.

ASSAM RIFLES COURTS

Section 86.Kinds of Assam Rifles Courts.

Section 87.Power to convene a General Assam Rifles Court.

Section 88.Power to convene a Petty Assam Rifles Court.

Section 89.Contents of warrants issued under sections 87 and 88.

Section 90.Composition of General Assam Rifles Court.

Section 91.Composition of a Petty Assam Rifles Court.

Section 92.Summary Assam Rifles Court.

Section 93.Dissolution of an Assam Rifles Court.

Section 94.Power of General Assam Rifles Court.

Section 95.Power of a Petty Assam Rifles Court.

Section 96.Power of a Summary Assam Rifles Court.

Section 97.Prohibition of second trial.

Section 98.Period of limitation for trial.

Section 99.Trial, etc., of offender who ceases to be subject to this Act.

Section 100.Application of this Act during term of sentence.

Section 101.Place of trial.

Section 102.Choice between criminal court and Assam Rifles Court.

Section 103.Power of criminal court to require delivery of offender.

PROCEDURE OF ASSAM RIFLES COURTS

Section 104.Presiding officer.

Section 105.Law Officer.

Section 106.Challenges.

Section 107.Oath of member, Law Officer and witness.

Section 108.Voting by members.

Section 109.General rule as to evidence.

Section 110.Judicial notice.

Section 111.Summoning of witness.

Section 112.Documents exempted from production.

Section 113.Commission for examination of witness.

Section 114.Examination of witness on commission.

Section 115.Conviction of offences not charged.

Section 116.Presumption as to signatures.

Section 117.Enrolment paper.

Section 118.Presumption as to certain documents.

Section 119.Reference by accused to Government officer.

Section 120.Evidence of previous convictions and general character.

Section 121.Lunacy of accused.

Section 122.Subsequent fitness of lunatic accused for trial.

Section 123.Transmission to Central Government of orders under section 122.

Section 124.Release of lunatic accused.

Section 125.Delivery of lunatic accused to relatives.

Section 126.Order for custody and disposal of property pending trial.

Section 127.Order of disposal of property regarding which offences is committed.

Section 128.Powers of Assam Rifles Court in relation to proceedings under this Act.

CONFIRMATION AND REVISION

Section 129.Finding and sentence not valid unless confirmed.

Section 130.Power to confirm finding and sentence of General Assam Rifles Court.

Section 131.Power to confirm finding and sentence of Petty Assam Rifles Court.

Section 132.Limitation of powers of confirming authority.

Section 133.Power of confirming authority to mitigate, remit or commute sentences.

Section 134.Confirming of findings and sentences on board a ship.

Section 135.Revision of finding or sentence.

Section 136.Finding and sentence of a Summary Assam Rifles Court.

Section 137.Transmission of proceedings of Summary Assam Rifles Court.

Section 138.Alteration of finding or sentence in certain cases.

Section 139.Remedy against order, finding or sentence of Assam Rifles Court.

Section 140.Annulment of proceedings.

EXECUTION OF SENTENCE, PARDON, REMISSION, ETC.

Section 141.Form of sentence of death.

Section 142.Commencement of sentence of imprisonment.

Section 143.Execution of sentence of imprisonment.

Section 144.Temporary custody of offender.

Section 145.Execution of sentence of imprisonment in special cases.

Section 146.Conveyance of prisoner form place to place.

Section 147.Communication of certain orders to prison officers.

Section 148.Execution of sentence of fine.

Section 149.Informality or error in order or warrant.

Section 150.Pardon and remission.

Section 151.Cancellation of conditional pardon, release on parole or remission.

Section 152.Suspension of sentence of imprisonment.

Section 153.Orders pending suspension.

Section 154.Release on suspension.

Section 155.Computation of period of suspension.

Section 156.Order after suspension.

Section 157.Reconsideration of case after suspension.

Section 158.Fresh sentence after suspension.

Section 159.Scope of power of suspension.

Section 160.Effect of suspension and remission on dismissal.

MISCELLANEOUS

Section 161.Disposal of property of the members of the Force.

Section 162.Powers and duties conferrable and imposable on members of the Force.

Section 163.Protection for acts of members of the Force.

Section 164.Power of Central Government to remove difficulties.

Section 165.Power to make rules.

Section 166.Power to make regulations.

Section 167.Rules and regulations to be laid before Parliament.

Section 168.Repeal and savings.