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The Inter-Services Organisations (Command, Control and Discipline) Act, 2023

Year of Passage: 2023 | Type: Bare Act

Section 1 Short title and commencement.

(1) This Act may be called the Inter-services Organisations(Command, Control and Discipline) Act, 2023. (2) It shall come into force on such date1as the Central Government may, by notification in the OfficialGazette, appoint.

Section 2 Application of Act.

The provisions of this Act shall apply to all persons who are subject to the AirForce Act, 1950, (45 of 1950), the Army Act, 1950 (46 of 1950) and the Navy Act, 1957 (62 of 1957), andto persons of such other forces as the Central Government may specify, by notification, under section 4,who are serving in or attached to an Inter-services Organisation.

Section 3 Definitions.

(1) In this Act, unless the context otherwise requires,--- (a) "Air Officer" means any officer of the Air Force above the rank of group captain; (b) "Chief of Defence Staff" means an officer of the regular Army, or the Indian Navy, or the AirForce, as the case may be, appointed as such by the Central Government; (c) "Commander-in-Chief" means a General Officer of the regular Army, or a Flag Officer of theIndian Navy, or an Air Officer of the Air Force, appointed as Commander-in-Chief of a Joint ServicesCommand, and in his absence, the officer on whom the command devolves; (d) "Commanding Officer" means the officer in actual command of the unit, ship or establishmentand includes an officer appointed as such by the Commander-in-Chief or the Officer-in-Command, asthe case may be, of an Inter-services Organisation; (e) "Flag Officer" means an officer of the rank of Admiral of the Fleet, Admiral, Vice-Admiral orRear-Admiral; (f) "General Officer" means an officer of the regular Army above the rank of Brigadier; (g) "Inter-services Organisation" means a body of troops including a Joint Services Commandconsisting of persons, subject to the Air Force Act, 1950, (45 of 1950), the Army Act, 1950 (46 of1950)and the Navy Act, 1957 (62 of 1957) or any two of the said Acts; (h)"notification" means a notification published in the Official Gazette; (i)"officer", in relation to an Inter-services Organisation, means an officer as defined inclause (xxiii) of section 4 of the Air Force Act, 1950, (45 of 1950), or clause (xviii) of section 3 of theArmy Act, 1950 (46 of 1950), or clause (16) of section 3 of the Navy Act, 1957, (62 of 1957) as thecase may be; (j) "Officer-in-Command" of an Inter-services Organisation means either a General Officer of theregular Army, or a Flag Officer of the Indian Navy, or an Air Officer of the Air Force, appointed as theOfficer-in-Command of an Inter-services Organisation, other than Joint Services Command, and in hisabsence, the officer on whom the command devolves; (k)"regulations" means the regulations made under the respective Service Acts; (l) "rules" means the rules made under this Act and under the respective Service Acts, as the casemay be; (m) "Service Acts" means the Air Force Act, 1950, (45 of 1950), or the Army Act, 1950 (46 of1950), or the Navy Act, 1957 (62 of 1957) or any two of the said Acts or all the said Acts; and (n) "service personnel" means persons who are subject to any of the Service Acts. (2) Words and expressions used herein and not defined but defined in the Air Force Act, 1950,(45 of 1950), or the Army Act, 1950 (46 of 1950), or the Navy Act, 1957 (62 of 1957)shall have themeanings, respectively, assigned to them under the said Acts.

Section 4 Special provision for certain forces under Central Government.

(1) The Central Governmentmay, by notification, specify any force or any part thereof, raised and maintained in India under the authorityof the said Government, to which all or any of the provisions of this Act shall, with or without modifications,apply and accordingly all the officers referred to in clause (i) of sub-section (1) of section 3 shall be deemedto be officers within the meaning of the respective Acts relating to the said forces. (2) Upon issuance of a notification under sub-section (1), the authority to exercise all the disciplinaryand administrative powers under the respective Acts governing such force or any part thereof including thepowers conferred by warrants or commissions issued under such Acts governing that force or any partthereof, shall vest in the Commander-in-Chief or the Officer-in-Command, as the case may be, of the Interservices Organisation. (3) Where any of the provisions of this Act applies to a force or any part thereof as referred to insub-section (2), the Central Government may, by notification, direct that by what authority or which officer,the jurisdiction, powers or duties incidental to the operation of the provisions of this Act shall be exercisedor performed in respect of that force or any part thereof.

Section 5 Constitution of Inter- services Organisation or Joint Services Command.

(1) The CentralGovernment may, by notification, constitute an Inter-services Organisation, which may include a JointServices Command, comprising of units or service personnel who are subject to any of the Service Acts, asmay be placed under the command of the Commander-in-Chief or, as the case may be, the Officer-inCommand. (2) The Central Government may, by an order published in the Official Gazette, direct that any powerexercisable by the Commander-in-Chief or, as the case may be, the Officer-in-Command may also beexercisable by any other officer specially empowered in this behalf by the said Government.
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