Section 1 Short title and commencement.
(1) This Act may be called the Assam Rifles Act, 2006.
(2) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint.
Section 2 Definitions.
(1) In this Act, unless the context otherwise requires,
(a) "active duty", in relation to a person subject to this Act, means any duty as a member of theForce during the period in which such person is attached to, or forms part of, a unit of the Force
(i) which is engaged in operations against an enemy or an insurgent or a terrorist or anyperson in arms against the Union, or
(ii) which is operating at a picket or engaged on patrol or other guard duty along the bordersof India,
and includes duty by such person during any period declared by the Central Government, bynotification in the Official Gazette, as a period of active duty with reference to any area in which orunder any provision of this Act or for the purposes of any other law for the time being in force, anyperson or class of persons subject to this Act may be serving;
(b) "Assam Rifles Court" means a Court referred to in section 86;
(c) "battalion" means a unit of the Force constituted as battalion by the Central Government;
(d) "Chief Law Officer" and "Law Officer" mean, respectively, the Chief Law Officer and a LawOfficer of the Force appointed by the Central Government;
(e) "civil offence" means as offence which is triable by a criminal court;
(f) "civil prison" means any jail or place used for the detention of any criminal prisoner under thePrisons Act, 1894 (9 of 1894) or under any other law for the time being in force;
(g) "Commandant", when used in any provision of this Act with reference to any unit of theForce, means the officer whose duty it is under the rules or regulations or in the absence of such rulesor regulations, by custom of the service, to discharge with respect to that unit, the functions of aCommandant in regard to matters of the description referred to in that provision;
(h) "criminal court" means a court of ordinary criminal justice in any part of India;
(i) "deputation" means a period for which the services of a person belonging to any department ofthe Central Government are placed at the disposal of the Director-General;
(j) "Director-General" and "Additional Director-General" mean, the Director-General andAdditional Director-General of the Force appointed under sub-sections (1) and (2) of section 5,respectively;
(k) "enemy" includes all armed mutineers, armed rebels, armed rioters, pirates, terrorists and anyperson in arms against whom it is the duty of any person subject to this Act to take action;
(l) "enrolled person" means an under-officer or other person enrolled under this Act;
(m) "Force" means the Assam Rifles;
(n) "Force custody" means the arrest or confinement of a member of the Force according to rulesand includes any military custody of such member under the Army Act, 1950 (46 of 1950);
(o) "Inspector-General" and "Deputy Inspector-General" mean, respectively the InspectorGeneraland the Deputy Inspector-General of the Force appointed under sub-section (2) of section 5;
(p) "member of the Force" means an officer, a subordinate officer, an under-officer or otherenrolled person and includes the persons on deputation;
(q) "notification" means a notification published in the Official Gazette;
(r) "offence" means any act or omission punishable under this Act and includes a civil offence;
(s) "officer" means a person appointed or in pay as an officer of the Force; but does not include asubordinate officer or an under-officer;
(t) "prescribed" means prescribed by rules made under this Act;
(u) "regulations" means the regulations made by the Central Government under this Act;
(v) "rule" means a rule made under this Act;
(w) "subordinate officer" means a person appointed or in pay as a Subedar Major, a Subedar or aNaib Subedar of the Force;
(x) "superior officer", when used in relation to a person subject to this Act, means
(i) any member of the Force or a person on deputation to whose command such person is forthe time being subject in accordance with the rules;
(ii) any officer of higher rank or class or of a higher grade in the same class,and includes when such person is not an officer, a subordinate officer or an under-officer of higherrank, class or grade;
(y) "terrorist" means any person who, with intent to overawe the Government as by lawestablished or to strike terror in the people or any section of the people or to alienate any section ofthe people or to adversely affect the harmony amongst different sections of the people, does any actor thing by using bombs, dynamite or other explosive substances or inflammable substances or firearmsor other lethal weapons or poisons or noxious gases or other chemicals or any other substances(whether biological or otherwise) of a hazardous nature in such a manner, as to cause or is likely tocause death of, or injury to, any person or persons, or damage to, or destruction of, property ordisruption of any supplies or services essential to the life of the community;
(z) "under-officer" means a Warrant Officer, Havildar, Naik and Lance Naik of the Force;
(za) "unit" means any
(i) battalion; or
(ii) regiment; or
(iii) training institution; or
(iv) Head Quarters of Deputy Inspector-General; or
(v) Head Quarters of Inspector-General; or
(vi) Head Quarters of Director-General,
of the Force and includes any other formation of the Force specified, by notification by the CentralGovernment.
(2) Words and expressions used and not defined in this Act but defined in the Indian Penal Code (45of 1860) shall have the meanings assigned to them in that Code.
(3) In this Act, reference to any law not in force in the State of Jammu and Kashmir shall beconstrued as references to the corresponding law in force in that State.
Section 3 Persons subject to this Act.
(1) The following persons (whether on deputation or otherwiseemployed) shall be subject to this Act, wherever they may be, namely:
(a) officers and subordinate officers; and
(b) under-officers and other persons enrolled under this Act.
(2) Members of the Force in existence at the commencement of this Act shall be deemed to have beenappointed or, as the case may be, enrolled as such under this Act.
(3) Notwithstanding anything contained in sub-section (1), any person who is employed in the Forceon deputation from the regular Army as defined under clause (xxi) of section 3 of the Army Act, 1950 (46of 1950) shall not be subject to this Act and shall, during the period of such deputation, be deemed to besubject to the Army Act, 1950:
Provided that such person in regard to his duties and discipline shall be deemed to be under thecommand of the member of the Force under whose command such person for the time being is placed:
Provided further that, in case of such person, for the purposes of his duties and discipline, theexpression "active duty" defined in clause (a) of sub-section (1) of section 2 shall be deemed to be the"active service" as defined in clause (i) of section 3 of the Army Act, 1950 (46 of 1950) for taking anyaction against him under the provisions of the said Army Act,
(4) Any person who is not subject to this Act is posted for any service with the members of the Forceor engaged to accompany with or to provide any service in any manner to the members of the Force insuch
(i) camp;
(ii) line of march;
(iii) frontier post;
(iv) active duty ;or
(v) counter insurgency operations,
as may be specified, by notification, by the Central Government in this behalf shall be deemed to be amember of the Force, till he is so posted or engaged in such corresponding rank as may be determined, bynotification, by the Central Government for the purposes of this Act.
(5) Every person subject to this Act shall remain so subject until retired, discharged, released,removed or dismissed from the Force in accordance with the provisions of this Act and the rules.
Section 4 Constitution of Force.
(1) There shall be an armed force of the Union called the Assam Riflesfor ensuring the security of the borders of India, to carry out counter insurgency operations in thespecified areas and to act in aid of civil authorities for the maintenance of law and order and the mattersconnected therewith.
(2) Subject to the provisions of this Act, the Force shall be reconstituted in such manner as may beprescribed and the conditions of service of the members of the Force shall be such as may be prescribed.
Section 5 Control, direction, etc.
(1) The general superintendence, direction and control of the Force shallvest in, and be exercised by, the Central Government and subject thereto and to the provisions of this Actand the rules and regulations, the command and supervision of the Force shall vest in an officer to beappointed by the Central Government as the Director-General of the Force.
(2) The Director-General shall, in the discharge of his duties under this Act, be assisted by suchnumber of Additional Director-General, Inspectors-General, Deputy Inspectors-General, Commandantsand other officers as may be appointed by the Central Government.
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