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National Security Guard Act, 1986 Complete Act - Bare Act

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Year
Act Info:
NATIONAL SECURITY GUARD ACT, 1986

NATIONAL SECURITY GUARD ACT, 1986

47 of 1986

22nd September, 1986

STATEMENT OF OBJECTS AND REASONS For quite sometime past, terrorism has been steadily assuming menacing proportions in the country. These elements have been indulging in wanton killings, arson, looting and other heinous crimes such as hijacking, mass murders, etc., with the object to overawe the Government to terrorise, create fear and panic in the minds of citizens and to disrupt communal peace and harmony. With a view to effectively combating such terrorist activities in different States and to protect the States against internal disturbances, the Central Government decided to raise a special armed force. Consequently, the National Security Guard was raised in the middle of 1984 when the Directorate-General of National Security Guard was set up under the command of a senior police officer designated as the Director-General of the National Security Guard. 2. The National Security Guard shall serve as a contingency deployment force to deal with terrorist activities in various States. However, considering the 'nature and purpose of the force and the experience gained during the last two years, it has been felt that the force should be regulated by a self-contained statute which will provide for its special needs more particularly in matters of discipline. 3. While taking care that the National Security Guard does not lose its character as an amend force of the Union charged with combating terrorist activities within the country, the Bill seeks to ensure that highest standards of efficiency and discipline are maintained, in this Force. Accordingly, the drafting the present Bill, the provision of the Army Act, 1950in and the Border Security Force Act, 1968have been borne in mind. 4. The Bill provides for the constitution of the National Security Guard and for deeming the existing National Security Guard as the force constituted thereunder. It provides for the conditions of service of the members of the force. In particular, pursuant to Article 33 of the Constitution provisions have been inserted in the Bill to restrict or abrogate the application of some of the fundamental rights to the members of the force in so far as this is necessary for the maintenance of discipline. The Bill sets out the offences for which the members of the force may be tried. It provides for the constitution of Security Guard Courts for the trial of such offences. It specifies the procedure which would be followed by the Security Guard Courts and makes applicable the provisions of the Indian Evidence Act, 1872to the proceedings of the said Courts. The Bill seeks to achieve the above objects.- Gaz. of Ind., 8-8-86, Pt. II-S. 2, Ext., P. 49 (No. 34).

An Act to provide for the constitution and regulation of an armed force of the Union for combating terrorist activities with a view to protecting States against internal disturbances and for matters connected therewith. Be it enacted by Parliament in the Thirty-seventh Year of the Republic of India as follows :-

An Act to provide for the constitution and regulation of an armed force of the Union for combating terrorist activities with a view to protecting States against internal disturbances and for matters connected therewith. Be it enacted by Parliament in the Thirty-seventh Year of the Republic of India as follows:-

SECTION 01: SHORT TITLE AND COMMENCEMENT

( 1 ) This Act may be called The National Security Guard Act, 1986.

(2) It shall come into force on such date1as the Central Government may, by notification in the Official Gazette, appoint.

SECTION 02: 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 the Security Guard during the period in which such person is attached to, or forms part of, a unit of the Security Guard-

(i) which is engaged in operations against terrorists or any person in arms against the Union; or

(ii) which is operating at a picket or engaged, on patrol or any other duty, in relation to combating terrorist activity;

(b) "Assistant Commander" means a person appointed or in pay as an Assistant Commander Grade I, Assistant Commander Grade II or Assistant Commander Grade-111;

(c) "civil offence" means an offence which is triable by a Criminal Court or by a Special Judge appointed under the Criminal Law Amendment Act, 1952;

(d) "civil prison" means any jail or place used for the detention of any criminal prisoner under the Prisons Act, 894-, or under any other law for the time being in force;

(e) "combatised tradesman" means a person appointed or in pay as a combatised tradesman:

(f) "Commander", when used in any provision of this Act with reference to any unit of the Security Guard, means the officer whose duty it is to discharge with respect to that unit, the functions of a Commander in regard to matters of the description referred to in that provision;

(g) "Criminal Court" means a Court of ordinary criminal justice in any part of India and includes a Court of a special Judge appointed under the Criminal Law Amendment Act, 1952;

(h) "Deputy Inspector-General" means a Deputy Inspector-General of the Security Guard appointed under section 5-;

(i) "Director-General" and "Additional Director-General" mean, respectively, the Director- General and an Additional Director-General of the Security Guard appointed under section 5-;

(j) "Group" means a unit of the Security Guard constituted as a Group by the Central Government;

(k) "Group Commander" means a Group Commander of the Security Guard appointed under section 5-;

(1) "Inspector-General" means an Inspector-General of the Security Guard appointed under section 5-;

(m) "Judge Attorney-General", "Additional Judge Attorney-General", "Deputy Judge Attorney- General" and "Judge Attorney" mean, respectively, the Judge Attorney-General, an Additional Judge Attorney-General, a Deputy Judge Attorney-General and a Judge Attorney of the Security Guard appointed in the appropriate rank by the Central Government;

(n) "member of the Security Guard" means an officer, an Assistant Commander, a Ranger or a combatised tradesman,

(o) "notification" means a notification published in the Official Gazette;

(p) "offence" means any act or omission punishable under this Act and includes a civil offence;

(q) "officer" means a person appointed or in pay as an officer of the Security Guard;

(r) "prescribed" means prescribed by rules;

(s) "Ranger" means a Ranger Grade I and a Ranger Grade II of the Security Guard;

(t) "rule" means a rule made under this Act;

(u) "Security Guard" means the National Security Guard;

(v) "Security Guard Court" means' a Court referred to in Section 61 -;

(w) "Security Guard custody" means the arrester confinement of a member of the Security Guard according to rules;

(x) "superior officer", when used in relation to a person subject to this Act, means-

(i) any member of the Security Guard to whose command such person is for the time being subject in accordance with the rules;

(ii) any officer of a higher rank or class, and includes, when such person is not an officer, an Assistant Commander or a Ranger of a higher rank or class;

(y) "terrorist" means any person who, with intent to over-awe the Government as by law established or to strike terror in the people or any section of the people or to alienate any section of the people or to adversely affect the harmony amongst different sections of the people, does any act or thing by using bombs, dynamite or other explosive substances or inflammable substances or firearms or 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 as is likely. to cause, death of, or injuries to, any person or persons or damage to, or destruction of, property or disruption of any supplies or services essential to the life of the community;

(z) all words and expressions used and not defined in this Act but defined in the Indian Penal Code-shall have the meanings respectively assigned to them in that Code.

(2) In this Act, references to any law not in force in any State shall be construed as references to the corresponding law in force in that State.

SECTION 03: PERSONS SUBJECT TO THIS ACT

(1) The following persons appointed (whether on deputation Or in any other manner) in the Security Guard shall be subject to this Act, wherever they may be, namely:-

(a) Officers and Assistant Commander; and

(b) Rangers and combatised tradesmen.

(2) Every person subject to this Act shall remain so subject until repatriated, retired, released, discharged, removed or dismissed from the Security Guard in accordance with the provisions of this Act and the rules.

SECTION 04: CONSTITUTION OF THE SECURITY GUARD

( 1 ) There shall be an armed force of the Union called the National Security Guard for combating terrorist activities with a view to protect States against internal disturbances.

(2) Subject to the provisions of this Act, the Security Guard shall be constituted in such manner as may be prescribed and the conditions of service of the members of the Security Guard shall be such as may be prescribed.

SECTION 05: CONTROL, DIRECTION, ETC

(1) The general superintendence, direction and control of the Security Guard shall vest in, and be exercised by, the Central Government and subject thereto and to the provisions of this Act and the rules, the command and supervision of the Security Guard shall vest in an officer to be appointed by the Central Government as the Director -General of the Security Guard.

(2) The Director-General shall, in the discharge of his duties under this Act, be assisted by such number of Additional Directors-General, Inspectors-General, Deputy Inspectors-General, Group Commanders and other officers as may be appointed by the Central Government.

SECTION 06: LIABILITY FOR SERVICE OUTSIDE INDIA

Every member of the Security Guard shall be liable to serve in any part of India as well as outside India.

SECTION 07: RESIGNATION AND WITHDRAWAL FROM THE POST

- No member of the Security Guard shall be at liberty-

(a) to resign his appointment during the term of his engagement; or

(b) to withdraw himself from all or any of the duties of his appointment, except with the previous permission in writing of the prescribed authority.

SECTION 08: TENURE OF SERVICE UNDER THE ACT

Every person subject to this Act shall hold office during the pleasure of the President.

SECTION 09: TERMINATION OF SERVICE BY CENTRAL GOVERNMENT

Subject to the provisions of this Act and the rules, the Central Government may dismiss or remove from service any person subject to this Act.

SECTION 10: DISMISSAL, REMOVAL OR REDUCTION BY THE DIRECTOR-GENERAL AND BY OTHER OFFICERS

(1) The Director-General, any Additional Director-General or any Inspector-General may dismiss or remove from service or reduce to a lower grade or rank or the ranks, any person subject to this Act other than an officer.

(2) An officer not below the rank of a Deputy Inspector-General or any prescribed officer may dismiss or remove from the service any person under his command other than an officer or an Assistant Commander.

(3) Any such officer as is mentioned in sub-section (2) may reduce to it lower grade or rank or the ranks any person under his command except an officer or an Assistant Commander.

(4) The exercise of any power under this Section shall be subject to the provisions of this Act and the rules.

SECTION 11: CERTIFICATE OF TERMINATION OF SERVICE

- An Assistant Commander or a Ranger or a combatised tradesman who is retired, released, discharged, removed or dismissed from the service shall be furnished by the officer to whose command he is subject, with a certificate setting forth -

(a) the authority terminating his service;

(b) the cause for such termination' and

(c) the full period of his service in the Security Guard.

SECTION 12: RESTRICTIONS RESPECTING RIGHT TO FORM ASSOCIATION, FREEDOM OF SPEECH, ETC

(1) No person subject to this Act shall, without the previous sanction in writing of the Central Government or of the prescribed authority,-

(a) be a member of, or be associated in any way with, any trade union, labour union, political association or with any class of trade unions, labour unions or political associations; or

(b) be a member of, or be associated in any way with, any society, institution, association or organisation that is not recognised as part of the Security Guard or is not of a purely social, recreational or religious nature; or

(c) communicate with the press or publish or cause to be published any book, letter or other document except where such communication or publication is in the bona fide discharge of his duties or is of a purely literary, artistic or scientific character or is of a prescribed nature.

(2) No person subject to this Act shall participate in, or address, any meeting or take part in any demonstration organised by any body of persons for any political purposes or for such other purposes as may be prescribed.

SECTION 13: REMEDY OF AGGRIEVED PERSONS OTHER THAN OFFICERS

(1) Any person subject to this Act other than an officer who deems himself wronged by any superior or other officer may, complain to the officer under whose command he is serving.

(2) When the officer complained against is the officer to whom any complaint should, under sub-section (1), be preferred, the aggrieved person may complain to such officer's next superior officer.

(3) Every officer receiving any such complaint shall make as complete an investigation into it as may be possible for giving full redress to the complainant; or when necessary, refer the complaint to a superior authority.

(4) The Director-General may revise any decision made under any of the foregoing sub- sections, but, subject thereto, such decision shall be final.

SECTION 14: REMEDY OF AGGRIEVED OFFICERS

Any officer who deems himself wronged by his Commander or any other superior officer and who, on due application made to his Commander or such other superior officer, does not receive the redress to which he considers himself entitled, may complain to the Director-General or the Central Government through proper channel.

SECTION 15: OFFENCES IN RELATION TO THE TERRORISTS AND OTHER PERSONS IN ARMS AGAINST THE UNION AND PUNISHABLE WITH DEATH

- Any person subject to this Act who commits any of the following offences, that is to say,-

(a) shamefully abandons place of his duty or misbehaves in such manner as to show cowardice during operations;

(b) treacherously holds correspondence with, or communicates intelligence to, a terrorist or any person in arms against the Union; or

(c) directly or indirectly assists any terrorist with money, arms, ammunition, stores or supplies or in any other manner whatsoever; or

(d) knowingly does any act calculated to imperil the success of the Security Guard or the military, naval, air forces or any other armed force of India or any forces co-operating therewith or any part of such forces, shall, on conviction by a Security Guard Court, be liable to buffer death or such less punishment as is in this Act mentioned.

SECTION 16: OFFENCE PUNISHABLE MORE SEVERELY ON ACTIVE DUTY THAN AT OTHER TIMES

- Any person subject to this Act who commits any of the following offences, that is to say,-

(a) forces a safeguard, or forces or uses criminal force to a sentry; or (b) breaks into any house or other place in search of plunder; or (c) being a sentry sleeps upon his post, or is drunk; or

(d) without orders from his superior officer leaves his guard, picket, patrol or post, shall, on conviction by a Security Guard Court,-

(i) if he commits any such offence when on active duty, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned; and

(ii) if he commits any such offence when not on active duty, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned.

SECTION 17: MUTINY

- Any person subject to this Act who commits any of the following offences, that is to say,-

(a) begins, incites, causes or conspires with any other person to cause any mutiny in the security Guard or in the military, naval, air forces or any other armed force of India or any forces co- operating therewith; or

(b) joins in any such mutiny; or

(c) being present at any such mutiny, does not use his utmost .endeavours to suppress the same; or

(d) knowing or having reason to believe in the existence of any such mutiny, or of any intention to mutiny or of any such conspiracy, does not, without delay, give information thereof to his Commander or other superior officer; or

(e) endeavours to seduce any person in the Security Guard or in the military, naval, air forces or any other armed force of India or any forces co-operating therewith from his duty or allegiance to the Union, shall, on conviction by a Security Guard Court, be liable to suffer death or such less punishment as is in this Act mentioned.

SECTION 18: DESERTION AND AIDING DESERTION

(1) Any person subject to this Act who deserts or attempts to desert the service shall, on conviction by a Security Guard Court, -

(i) if he commits the offence when on active duty or when under orders for

active duty, be liable to suffer death or such less punishment as is in this Act mentioned; and

(ii) if he commits the offence under any other circumstances, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned.

(2) Any person subject to this Act who knowingly harbours any such deserter shall, on conviction by a Security Guard Court, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this Act mentioned.

(3) Any person subject to this Act who, being cognizant of any desertion or attempt at desertion of a person subject to this Act, does not forthwith give notice to his own or some other superior officer, or take any steps in his power to cause such person to be apprehended, shall, on conviction by a Security Guard Court, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned.

(4) For the purposes of this Act, a person deserts,-

(a) if he absents from his unit or the place of duty at any time with the intention of not reporting back to such unit or place, or who, at any time and under any circumstances when absent from his unit or place of duty, does any act which shows that he has an intention of not reporting to such unit or place of duty;

(b) if he absents himself without leave with intent to avoid any active duty.

SECTION 19: ABSENCE WITHOUT LEAVE

- Any person subject to this Act who commits any of the following offences, that is to say,-

(a) absents himself without leave; or

(b) without sufficient cause overstays leave granted to him; or

(c) being on leave or absence and having received information from the appropriate authority that any unit or part thereof to which he belongs, has been ordered on active duty, fails, without sufficient cause to rejoin without delay; or

(d) without sufficient cause fails to appear at the time fixed at the parade or place appointed for exercise or duty; or

(e) when on parade, or on the line of march, without sufficient cause or without leave from his superior officer, quits the parade or line of march; or

(f) when in camp or elsewhere, is found beyond any limits fixed, or in any place prohibited, by any general, local or other order, without a pass or written leave from his superior officer; or

(g) without leave from his superior officer or without due cause, absents himself from any school when duly ordered to attend there, shall, on conviction by a Security Guard Court, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this Act mentioned.

SECTION 20: STRIKING OR THREATENING SUPERIOR OFFICER

- Any person subject to this Act who commits any of the following offences, that is to say,-

(a) uses criminal force to or assaults his superior officer; or

(b) uses threatening language to such officer; or

(c) uses insubordinate language to such officer, shall, on conviction by a Security Guard Court-

(i) if such officer is at the time in the execution of his office or, if the offence is committed on active duty, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned; and

(ii) in other cases, be liable to suffer imprisonment for a term which may

extend to ten years or such less punishment as is in this Act mentioned :

Provided that in the case of any offence specified in clause (c) the imprisonment shall not exceed five years.

SECTION 21: DISOBEDIENCE TO SUPERIOR OFFICER

(1) Any person subject to this Act who disobeys, in such manner as to show a wilful defiance of authority, any lawful command given personally by his superior officer in the execution of his office whether the same is given orally, or in writing or by signal or otherwise, shall, on conviction by a Security Guard Court, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned.

(2) Any person subject to this Act who disobeys any lawful command given by his superior officer shall, on conviction by a Security Guard Court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned.

SECTION 22: ASSAULT AND OBSTRUCTION

- Any person subject to this Act who commits any of the .following offences, that is to say,-

(a) being concerned in any quarrel, affray or disorder, refuses to obey any officer, though of inferior rank, who orders him into arrest, or uses criminal force to, or assaults any such officer; or

(b) uses criminal force to, or assaults any person, whether subject to this Act or not, in whose custody he is lawfully placed, and whether he is or is not his superior officer; or

(c) resists an escort whose duty it is to apprehend him or have him in charge; or

(d) breaks out of barracks, camp or quarters; or

(e) refuses to obey any general, local or other order, shall, on conviction by a Security Guard Court, be liable to suffer imprisonment for a term which may extend, in the case of offences specified in clauses (d) and (e), to two years, and in the case of the offences specified in the other clauses, to ten years, or in either case such less punishment as is in this Act mentioned.

SECTION 23: CERTAIN FORMS OF DISGRACEFUL CONDUCT

- Any person subject to this Act who commits any of the following offences, that is to say,-

(a) is guilty or any disgreaceful conduct of a cruel, indecent, or unnatural kind; or

(b) malingers or feigns or produces disease or infirmity in himself or intentionally delays his cure or aggravates his disease or infirmity; or

(c) with intent to render himself or any other person unfit for service, voluntarily causes hurt to himself or that person, shall, on conviction by a Security Guard Court, be liable to suffer imprisonment for a term which may extend to seven years or such less imprisonment as is in this Act mentioned.

SECTION 24: III-TREATING A SUBORDINATE

Any Officer, Assistant Commander or Ranger Grade I, who uses criminal force to, or otherwise ill-treats, any person subject to this Act, being his subordinate in rank or position, shall, on conviction by a Security Guard Court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned.

SECTION 25: DRUNKENNESS

(1) Any person subject to this Act, who is found in a state of drunkenness, whether on duty or not, shall on conviction by a Security Guard Court, be liable to suffer imprisonment for a term which may extend to six months or such less punishment as is in this Act mentioned.

(2) For the purposes of sub-section (1), a person shall be deemed to be in a state of drunkenness if, owing to the influence of alcohol or any drug whether alone or in combination with any other substance, he is unfit to be entrusted with his duty or with any duty which he may be called upon to perform or behaves in a disorderly manner or in a manner likely to bring discredit to the Security Guard.

SECTION 26: PERMITTING ESCAPE OF PERSON IN CUSTODY

- Any person subject to this Act who commits any of the following offences, that is to say,-

(a) when in command of a guard, picket, patrol, detachment or post, releases without proper authority, whether wilfully or without reasonable excuse, any person committed to his charge, or refuses to receive any prisoner or person so committed; or

(b) wilfully or without reasonable excuse allows to escape any person who is committed to his charge, or whom it is his duty to keep or guard, shall, on conviction by a Security Guard Court, be liable, if he has acted wilfully, to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this Act mentioned; and if he has not acted wilfully, to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned.

SECTION 27: IRREGULARITY IN CONNECTION WITH ARREST OR CONFINEMENT

- Any person subject to this .Act who commits any of the following offences, that is to say,-

(a) unnecessarily detains a person in arrest or confinement without bringing him to trial, or fails to bring his case before the proper authority for investigation; or

(b) having committed a person to Security Guard custody fails without reasonable cause to deliver at .the time of such committal, or as soon as practicable, and in any case within forty-eight hours-thereafter, to the officer or other person into whose custody the person arrested is committed, an account in writing signed by himself of the offence with which the person so committed is charged, shall, on conviction by a Security Guard Court, be liable to suffer imprisonment for a term which may extend to one year or such less punishment as is in this Act mentioned.

SECTION 28: ESCAPE FROM CUSTODY

Any person subject to this Act who, being in lawful custody, escapes or attempts to escape, shall, on conviction by a Security Guard Court, be liable to suffer , imprisonment for a term which may extend to three years or such less punishment as is in this Act mentioned.

SECTION 29: OFFENCES IN RESPECT OF PROPERTY

- Any person subject to this Act who commits any of the following offences, that is to say,-

(a) commits theft of any property belonging to the Government, or to any Security Guard mess, band or institution, or to any person subject to this Act; or

(b) dishonestly misappropriates or converts to his own use any such property; or

(c) commits criminal breach of trust in respect of any such property; or

(d) dishonestly receives or retains any such property in respect of which any of the offences under clauses (a), (b) and (c) has been committed, knowing or having reason to believe the commission of such offence; or

(e) wilfully destroys or injures any property of the Government entrusted to him; or

(f) does any other thing with intent to defraud, or to cause wrongful gain to one person or wrongful loss to another person, shall, on conviction by a Security Guard Court, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this Act mentioned.

SECTION 30: EXTORTION AND EXACTION

- Any person subject to this Act who commits any of the following offences, that is to say,-

(a) commits extortion; or

(b) without proper authority exacts from any person money, provisions or service, shall, on conviction by a Security Guard Court, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this Act mentioned.

SECTION 31: MAKING AWAY WITH EQUIPMENT

- Any person subject to this Act who commits any of the following offences, that is to say,-

(a) makes away with, or is concerned in making away with, any arms, ammunition, equipment, instruments, tools, clothing or any other thing being the property of the Government issued to him for his use or entrusted to him; or

(b) loses by neglect anything mentioned in clause (a): or

(c) sells, pawns, destroys or defaces any medal or decoration granted to him, shall, on conviction by a Security Guard Court, be liable to suffer imprisonment for a term which may extend, in the case of the offences specified in clause (a), to ten years, and in the case of -the offences specified in the other clauses, to five years, or in either case such less punishment as is in this Act mentioned.

SECTION 32: INJURY TO PROPERTY

- Any person subject to this Act who commits any of the following offences, that is to say,-

(a) destroys or injures any property mentioned in clause (a) of section 31-, or any property belonging to any Security Guard mess, band or institution, or to any person subject to this Act; or

(b) commits any act which causes damage to, or destruction of, any property of the Government by fire or in any other manner whatever; or

(c) kills, injures, makes away with, ill-treats or loses, any animal entrusted to him, shall, on conviction by a Security Guard Court, be liable, if he has acted wilfully, to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this Act mentioned; and if he has acted without reasonable excuse, to suffer imprisonment for a term which may extend to five years or such less punishment as is in this Act mentioned.

SECTION 33: FALSE ACCUSATIONS

- Any person subject to this Act who commits any of the following offences, that is to say,-

(a) makes a false accusation against any person subject to this Act, knowing or having reason to believe such accusation to be false; or

(b) in making a complaint against any person subject to this Act makes any statement affecting the character of such person, knowing or having reason to believe such statement to be false, or knowingly and wilfully suppresses any material fact, shall, on conviction by a Security Guard Court, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this Act mentioned.

SECTION 34: FALSIFYING OFFICIAL DOCUMENTS AND FALSE DECLARATIONS

- Any person subject to this Act who commits any of the following offences, that is to say,-

(a) in any report, return, list, certificate, book or other document made or signed by him, or of the contents of which it is his duty to ascertain the accuracy knowingly makes, or is privy to the making of, any false or fraudulent statement; or

(b) in any document of the description mentioned in clause (a) knowingly makes, or is privy to the making of, any omission, with intent to defraud, or

(c) knowingly and with intent to injure any person, or knowingly and with intent to defraud, suppresses, defaces, alters or makes away with any document which it is his duty to preserve or produce; or

(d) where it is his official duty to make a declaration respecting any matter, knowingly makes a false declaration; or

(e) obtains for himself, or for any other person, any pension, allowance or other advantage or privilege by a statement which is false, and which he either knows or believes to be false or does not believe to be true, or by making or using a false entry in any book' or record, or by making any document containing a false statement, or by omitting to make a true entry of document containing a true statement, shall, on conviction by a Security Guard Court, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this Act mentioned.

SECTION 35: FALSE DECLARATION ON APPOINTMENT

Any person having become subject to this Act who is. discovered to have made at the time of appointment a wilfully false statement or declaration in connection with his appointment, shall, on conviction by a Security Guard Court, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this Act mentioned. .

SECTION 36: OFFENCES RELATING TO SECURITY GUARD COURT

- Any person subject to this Act who . commits any of the following offences, that is to say,-

(a) being duly summoned or ordered to attend as a witness before a Security Guard Court, wilfully or without reasonable excuse, makes default in attending; or

(b) refuses to take an oath or make an affirmation legally required by a Security Guard Court to be taken or made; or

(c) refuses to produce or deliver any document in his power or control legally required by a Security Guard Court, to be produced or delivered by him: or

(d) refuses, when a witness, to answer any question which he is by law bound to answer; or

(e) is guilty of contempt of the Security Guard Court, by using insulting or threatening language, or by causing any interruption or disturbance in the proceedings of such Court, shall, on conviction by a Security Guard Court, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this Act mentioned.

SECTION 37: FALSE EVIDENCE

Any person subject to this Act who, having been duly sworn or affirmed before any Security Guard Court, or before any officer competent under this Act to administer oath or affirmation or before a Court of inquiry constituted under this Act, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, shall, on conviction by a Security Guard Court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned.

SECTION 38: UNLAWFUL DETENTION OF PAY

Any officer. Assistant Commander or Ranger Grade I who, having received the pay of a person subject to this Act unlawfully detains or refuses to pay the same when due. shall, on conviction by a Security Guard Court, be liable to suffer imprisonment for a term which may extend to Five years or such less punishment as is in this Act mentioned.

SECTION 39: UNBECOMING CONDUCT

Any Officer or Assistant Commander who behaves in a manner unbecoming of his position and the character expected of him shall, on conviction by a Security Guard Court, be liable to be dismissed or to suffer such less punishment as is in this Act mentioned.

SECTION 40: VIOLATION OF GOOD ORDER AND DISCIPLINE

Any person subject to this Act who is guilty of any act or omission which, though not specified in this Act, is prejudicial to good order and discipline of the Security Guard shall, on conviction by a Security Guard Court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned.

SECTION 41: MISCELLANEOUS OFFENCES

- Any person subject to this Act who commits any of the following offences, that is to say,-

(a) being in command or any detachment or post or on the march, and receiving a complaint that any one under his command has beaten or otherwise maltreated or oppressed any person, or has caused disturbance at any public place, or committed any riot or trespass, fails to have due reparation made to the injured person or to report the case to the proper authority; or

(b) by defiling any place of worship, or otherwise intentionally insults the religion, or wounds the religious feelings of any person; or

(c) attempts to commit suicide, and in such attempt does any act towards the commission of such offence; or

(d) being below the rank of an Assistant Commander, when off duty, appears without proper authority, in or about camp, or in or about, or when going to, or returning from, any town, carrying a rifle, sword or other offensive weapon; or

(e) directly or indirectly accepts or obtains, or agrees to accept, or attempts to obtain, for himself or for any other person, any gratification as a motive or reward for procuring the appointment of any person, or leave of absence, promotion or any other advantage or indulgence for any person in the service; or

(f) commits any offence against the property or person of any inhabitant of, or resident in, the country in which he is serving, shall, on conviction by a Security Guard Court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned.

SECTION 42: ATTEMPT

- Any person subject to this Act who attempts to commit any of the following offences specified in sections 15-to41-(both inclusive) and in such attempt does any act towards the commission of the offence shall, on conviction by a Security Guard Court, where no express provision is made by this Act for the punishment of such attempt, be liable,-

(a) if the offence attempted to be committed is punishable with death, to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned; and

(b) if the offence attempted to be committed is punishable with imprisonment, to suffer imprisonment for a term which may extend to one-half of the longest term provided for that offence or such less punishment as is in this Act mentioned.

SECTION 43: ABETMENT OF OFFENCES THAT HAVE BEEN COMMITTED

Any person subject to this Act who abets the commission of any of the offences specified insections 15-to41-(both inclusive) shall, on conviction by a Security Guard Court, if the act abetted is committed in consequence of the abetment and no express provision is made by this Act for the punishment of such abetment, be liable to suffer the punishment provided for that offence or such less punishment as is in this Act mentioned.

SECTION 44: ABETMENT OF OFFENCES THAT HAVE NOT BEEN COMMITTED

(1) Any person subject to this Act who abets the commission of any of the offences punishable with death under sections 15-,17-and sub-section (1) of section 18-shall, on conviction by a Security Guard Court if that offence be not committed in consequence of the abatement, and no express provision is made by this Act for the punishment of such abatement, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned.

(2) Any person subject to this Act who abets the commission of any of the offence specified insections 15-to41-(both inclusive) and punishable with imprisonment shall, on conviction by a Security Guard Court if that offence be not committed in consequence of the abetment, and no express provision is made by this Act for the punishment of such abetment, be liable to suffer imprisonment for a term which may extend to one-half of the longest term provided for that offence or such less punishment as is in this Act mentioned.

SECTION 45: CIVIL OFFENCES

- Subject to the provisions of section 46-, any person subject to this Act who at any place in, or beyond, India commits any civil offence shall be deemed to be guilty of an offence against this Act and, if charged therewith under this section shall be liable to be tried by a Security Guard Court and, on conviction, be punishable as follows, that is to say,-

(a) if the offence is one which would be punishable under any law in force in India with death, he shall be liable to suffer any punishment, assigned for the offence, by the aforesaid law and such less punishment as is in this Act mentioned; and

(b) in any other case, he shall be liable to suffer any punishment, assigned for the offence by the law in force in India, or imprisonment for a term which may extend to seven years, or such less punishment as is in this Act mentioned.

SECTION 46: CIVIL OFFENCES NOT TRIABLE BY A SECURITY GUARD COURT

- A person subject to this Act who commits an offence of murder or of culpable homicide not amounting to murder against, or of rape in relation to, a person not subject to this Act shall not be deemed to be guilty of an offence under this Act and shall not be tried by a Security Guard Court, unless he commits any of the said offences,-

(a) while on active duty; or

(b) at any place outside India.

SECTION 47: PUNISHMENTS AWARDABLE BY SECURITY GUARD COURTS

(1) Punishments may be inflicted in respect of offences committed by person subject to this Act and convicted by Security Guard Courts according to the scale following, that is to say,-

(a) death;

(b) imprisonment which may be for the term of life or any other lesser term but excluding imprisonment for a term not exceeding three months in Security Guard custody;

(c) dismissal from the service;

(d) imprisonment for a term not exceeding three months in Security Guard custody ;

(e) reduction to the ranks or to a lower rank or grade in the case of a Ranger Grade I;

(f) forfeiture of security of rank and forfeiture of all or any part of the service

for the purpose of promotion where promotion depends upon length of service;

(g) forfeiture of service for the purpose of increment or pension or other prescribed purpose;

(h) severe reprimand or reprimand except in the case of persons below the rank of Ranger Grade 1;

(i) forfeiture in the case of a person sentenced to dismissal from the service of

all arrears of pay and allowances and other public money due to him at the time of such dismissal;

(j) deduction from pay and allowances to make good any proved loss or damage occasioned by the offence for which he is convicted.

(2) Each of the punishments specified in sub-section (1) shall be deemed to be inferior in degree to every punishment preceding it in the above scale.

SECTION 48: ALTERNATIVE PUNISHMENTS AWARDABLE BY SECURITY GUARD COURTS

Subject to the provisions of this Act, a Security Guard Court may, on convicting a person subject to this Act of any of the offences specified insections 15-to44-(both inclusive) award either the particular punishment with which the offence is stated in the said sections to be punishable or, in the lieu thereof, any of the punishments lower in the scale set out insection 47-regard being had to the nature and degree of the offence.

SECTION 49: COMBINATION OF PANISHMENTS

A sentence of a Security Guard Court may award in addition to, or without any one other punishment, the punishment specified in clause (c) of sub- section (1) ofsection 47-and any one or more of the punishments specified in clauses (e) to (j) (both inclusive) of that sub-section.

SECTION 50: PUNISHMENTS OTHERWISE THAN BY SECURITY GUARD COURTS

Punishments may also be inflicted in respect of offences committed by persons subject to this Act without the intervention of a Security Guard Court in the manner stated insections 51-and53-

SECTION 51: MINOR PUNISHMENTS

( 1 ) Subject to the provisions of section 52-, a Commander of and above the rank of a Group Commander may, in the prescribed manner proceed against a person subject to this Act other than an Officer or an Assistant Commander, who is charged with an offence under this Act and award such person, to the extent prescribed,-one or more of the following punishments, that is to say,-

(a) imprisonment in Security Guard custody up to twenty-eight days; (b) detention up to twenty-eight days; (c) confinement to the lines up to twenty eight days; (d) extra guards or duties;

(e) deprivation of any acting rank provided such rank has not been held by him for more than two years;

(f) severe reprimand or reprimand;

(g) deductions from his pay and allowances of any sum required to make good any loss or damage occasioned by the offence for which he is punished.

(2) If a group is being temporarily commanded by an officer of the rank of a Squadron Commander or a Team Commander, such officer shall have full powers of a Commander as specified in sub-section (1).

(3) Subject to the provisions of section 52-, a Squadron Commander or a Team Commander commanding a squadron or a team or any detachment shall have the power to proceed against a person subject to this Act, other than an Officer or an Assistant Commander, who is charged with an offence under this Act and award such person to the extent prescribed one or more of the punishments specified in clauses (a) to (d) and (g) of subsection (1) provided that the maximum limit of-punishment awarded under each of the clauses (a), (b) and (c) shall not exceed fourteen days.

SECTION 52: LIMIT OF PUNISHMENTS UNDER SECTION 51

(1) In the case of an award of two or more of the punishments specified in clauses (a), (b), (c) and (d) of sub -section (a) of section 51-, the punishments specified in clause (c) or clause (d) shall take effect at the end of the punishment specified in clause (a) or clause (b).

(2) -When two or more of the punishments specified in the said clauses (a), (b) and (c) are awarded to a person conjointly, or when already undergoing one or more of the said punishments, the whole extent of the punishments shall not exceed in the aggregate fifty-six days.

(3) The punishments specified in the said clauses (a), (b) and (c) shall not be awarded to any person who is of the rank of Ranger Grade I or was, at the time of committing the offence for which he is punished, or such rank.

(4) The punishments specified in clause (f) of sub-section (1) of section 51-shall not be awarded to any person below the rank of Ranger Grade 1.

SECTION 53: PUNISHMENT OF OFFICERS OF OR BELOW THE RANK OF SQUADRON COMMANDERS BY OFFICERS NOT BELOW THE RANK OF INSPECTORS-GENERAL

- An officer not below the rank of an Inspector-General may, in the prescribed manner, proceed against an officer of or below the rank of a Squadron Commander, who is charged with an offence under this Act, and award one or more of the following punishments, that is to say,-

(a) forfeiture of seniority, or in the case of any of them whose promotion depends upon length of service, forfeiture of service for the purpose of promotion for a period not exceeding one year, but subject to the right of the accused previous to the award to elect to be tried by a General Security Guard Court

;

(b) severe reprimand or reprimand;

(c) deduction from pay and allowances of any sum required to make good any proved loss. or damage occasioned by the offence of which he is convicted.

SECTION 54: PUNISHMENT OF PERSONS OF THE RANK OF ASSISTANT COMMANDER

(1) An officer not below the rank of a Deputy Inspector-General' may, in the prescribed manner, proceed against a person of the rank of an Assistant Commander who is charged with an offence under this Act and award one or more of the following punishments, that is to say,-

(a) forfeiture of seniority, or in the case of any of them whose promotion depends upon the length of service, forfeiture of service for the purpose of promotion for a period not exceeding one year, but subject to the right of the

accused previous to the award to elect to be tried by a General Security Guard Court;

(b) severe reprimand or reprimand;

(c) deduction from pay and allowances of any sum required to make good any proved loss or damage occasioned by the offence of which he is convicted.

(2) An officer of the rank of a Group Commander may, in the prescribed manner, proceed against a person of the rank of an Assistant Commander who is charged with an offence under this Act and award any one or both of the following punishments, that is to say,-

(a) severe reprimand or reprimand;

(b) deduction from pay and allowances of any sum required to make good any proved loss or damage occasioned by the offence of which he is convicted.

SECTION 55: CUSTODY OF OFFENDERS

(1) Any person subject to this Act who is charged with an offence may be taken into Security Guard custody, under the order of any superior officer.

(2) Notwithstanding anything contained in sub-section ( 1 ), an officer may order into Security Guard custody any other officer, though such other officer may be of a higher rank, engaged in a quarrel, affray or disorder.

SECTION 56: DUTY OF COMMANDER IN REGARD TO DETENTION

( 1 ) It shall be the duty of every Commander to take care that a person under his command when charged with an offence is not detained in custody for more than forty-eight hours after the committal of such person into custody is reported to him, without the charge being investigated, unless investigation within that period seems to him to be impracticable having regard to the public service.

(2) The case of every person being detained in custody beyond a period of forty-eight hours, and the reasons therefor, shall be reported by the Commander to the next higher authority.

(3) ln reckoning the period of forty-eight hours specified in sub-section (1), Sundays and other public holidays shall be excluded.

(4) Subject to the provisions of this Act, the Central Government may make rules providing for the manner in which and the period for which any person subject to this Act may be taken into and detained in Security Guard custody, pending the trial by any competent authority for any offence committed by him.

SECTION 57: INTERVAL BETWEEN COMMITTAL AND TRIAL

In every case where any such person as is mentioned insection 55-and as is not on active duty, remains in such custody for a longer period than eight days without a Security Guard Court for his trial being convened, a special report giving reasons for the delay shall be made by his Commander and a similar report shall be forwarded at intervals of every eight days until a Security Guard Court is convened or such person is released from custody.

SECTION 58: ARREST BY CIVIL AUTHORITIES

Whenever any person subject to this Act, who is accused of an offence under this Act, is within the jurisdiction of any Magistrate or police officer, such Magistrate or police officer shall aid in the apprehension and delivery to Security Guard custody of such persons upon receipt of a written application to that effect signed by his Commander or an officer authorised by the Commander in that behalf.

SECTION 59: CAPTURE OF DESERTERS

(1) Whenever any person subject to this Act deserts, the Commander of the unit to which he belongs, shall give information of the desertion to such civil authorities as, in his opinion, may be able to afford assistance towards the capture of the deserter; and such authorities shall thereupon take steps for the apprehension of the said deserter in like manner as if he were a person for whose apprehension a warrant had been issued by a Magistrate, and shall deliver the deserter, when apprehended, into Security Guard custody.

(2) Any police officer may arrest without warrant any person reasonably believed to be subject to this Act, and to be a deserter and shall bring him without delay before the nearest Magistrate, to be dealt with according to law.

SECTION 60: INQUIRY INTO ABSENCE WITHOUT LEAVE

( 1 ) When any person subject to this Act has been absent from duty without due authority for a period of thirty days, a Court of inquiry shall, as soon as practicable, be appointed by an officer not below the rank of a Group Commander under whose command he is for the time being serving and such Court shall, on oath or affirmation administered in the prescribed manner, inquire respecting the absence of the person, and the deficiency, if any, in the property of the Government entrusted to his care, or in any arms, ammunition, equipment, instruments, clothing or necessaries; and if satisfied of the facts of such absence without due authority or other sufficient cause, the Court shall declare such absence and the period thereof and the said deficiency, if any, and transmit the proceedings of the Court of inquiry to the officer who appointed the Court of inquiry, for further action.

(2) If the person declared absent does not afterwards surrender or is not apprehended, he shall, for the purposes of this Act, be deemed to be a deserter.

SECTION 61: KINDS OF SECURITY GUARD COURTS

- For the purposes of this Act there shall be three kinds of Security Guard Courts, that is to say,-

(a) General Security Guard Courts; (b) Petty Security Guard Courts; and (c) Summary Security Guard Courts.

SECTION 62: POWER TO CONVENE A GENERAL SECURITY GUARD COURT

A General Security Guard Court may be convened by the Central Government or the Director-General or by any officer empowered in this behalf by warrant of the Director-General.

SECTION 63: POWER TO CONVENE A PETTY SECURITY GUARD COURT

A Petty Security Guard Court may be convened by an officer having power to convene a General Security Guard Court or by an officer empowered in this behalf by warrant of any such officer.

SECTION 64: CONTENTS OF WARRANTS ISSUED UNDER SECTIONS 62 AND 63

A warrant, issued undersection 62-orsection 63-may contain such restrictions, reservations or conditions as the officer issuing it may think fit.

SECTION 65: COMPOSITION OF GENERAL SECURITY GUARD COURT

A General Security Guard Court shall consist of not less than five officers.

SECTION 66: COMPOSITION OF A PETTY SECURITY GUARD COURT

A Petty Security Guard Court shall consist of not less than three officers.

SECTION 67: SUMMARY SECURITY GUARD COURT

( 1 ) A Summary Security Guard Court may be held by the Commander of any unit of the Security Guard and he alone shall constitute the Court.

(2) The proceedings shall be attended throughout by two other persons who shall be Officers or Assistant Commanders or one of either, and who shall not as such, be sworn or affirmed : Provided that the persons attending the Court for the trial of an officer shall not be of a rank lower than the rank of that officer unless in the opinion of the convening officer recorded in the convening order, officers of such rank are not, having due regard to the exigencies of public service, available.

SECTION 68: DISSOLUTION OF A SECURITY GUARD COURT

(1) If a Security Guard Court after the commencement of a trial is reduced below the minimum number of officers required by this Act, it. shall be dissolved.

(2) If, on account of the illness of the concerned Judge Attorney or, as the case may be, Deputy Judge Attorney-General or Additional Judge Attorney-General or of the accused before the finding, it is impossible to continue the trial, a Security Guard Court shall be dissolved.

(3) The authority or officer who convened a Security Guard Court may dissolve the same if it appears to it or him that the exigencies of the service or necessities of discipline render it impossible, or inexpedient to continue the said Security Guard Court.

(4) Where a Security Guard Court is dissolved under this section the accused may be tried again.

SECTION 69: POWERS OF A GENERAL SECURITY GUARD COURT

A General Security Guard Court shall have the power to try any person subject to this Act for any offence punishable thereunder and to pass any sentence authorised thereby.

SECTION 70: POWERS OF A PETTY SECURITY GUARD COURT

A Petty Security Guard Court shall have the power to try any person subject to this Act other than an officer or an Assistant Commander for any offence made punishable thereunder and to pass any sentence authorised by this Act other than a sentence of death, or imprisonment for a term exceeding two years.

SECTION 71: POWERS OF A SUMMARY SECURITY GUARD COURT

( 1 ) Subject to the provisions of sub section (2), a Summary Security Guard Court may try any offence punishable under this Act.

(2) When there is no grave reason for immediate action and reference can, without detriment to discipline, be made to the officer empowered to convene a Petty Security Force Court for the trial of the alleged offender, an officer holding Summary Security Guard Court shall not try without such reference any offence punishable under any of thesections 15-,17-and45-, or any offence against the officer holding the Court.

(3) A Summary Security Guard Court may try any person subject to this Act and under the command of the officer holding the Court, except an officer, or an Assistant Commander.

(4) A Summary Security Guard Court may pass any sentence which may be passed under this Act, except the sentence of death or of imprisonment for a term exceeding the limit specified in sub- section (5).

(5) The limit referred to in sub-section (4) shall be,-

(a) one year, if the officer holding the Security Guard Court holds the rank not below than a Group Commander.

(b) three months, in any other case. .

SECTION 72: PROHIBITION OF SECOND TRIAL

( 1 ) When any person subject to this Act has been acquitted or convicted of an offence by a Security Guard Court or by a Criminal Court or has been dealt with under section 51-orsection 53-orsection 54-, he shall not be liable to be tried again for the same offence by a Security Guard Court or dealt with under the said sections.

(2) When any person subject to this Act, has been acquitted or convicted of an offence by a Security Guard Court or has been dealt with under section 51-orsection 53-orsection 54-, he shall not be liable to be tried again by a Criminal Court for the same offence or on the same facts.

SECTION 73: PERIOD OF LIMITATION FOR TRIAL

( 1 ) Except as provided by sub-section (2), no trial by a Security Guard Court of any person subject to this Act for any offence shall be commenced after the expiration of a period of three years from the date of such offence.

(2) The provisions of sub-section ( 1 ) shall not apply to a trial for an offence of desertion or for the offences mentioned insection 17-.

(3) In the computation of the period of time mentioned in sub-section

( 1 ), any time spent by such person in evading arrest after the commission of the offence, shall be excluded.

SECTION 74: TRIAL, ETC., OF OFFENDER WHO CEASES TO BE SUBJECT TO THIS ACT

( 1 ) Where an offence under this Act had been committed by any person while subject to this Act, and he has ceased to be so subject, he may be taken into and kept in Security Guard custody and tried and punished for such offence as if he continued to be so subject.

(2) No such person shall be tried for an offence, unless his trial commences within six months after he had ceased to be subject to this Act : Provided that nothing contained in this sub-section shall apply to the trial of any such person for an offence of desertion or for any of the offences mentioned insection 17-or shall affect the jurisdiction of a criminal Court to try any offence triable by such Court as well as by a Security Guard Court.

SECTION 75: APPLICATION OF ACT DURING TERM OF SENTENCE

( 1 ) When a person subject to this Act is sentenced by a Security Guard Court to imprisonment this Act shall apply to him during the term of his sentence, though he is dismissed from the Security Guard, or has otherwise ceased to be subject to this Act, and he may be kept, removed, imprisoned and punished as if he continued to be subject to this Act.

(2) When a person subject to this Act is sentenced by a Security Guard Court to death, this Act shall apply to him till the sentence is carried out.

SECTION 76: PLACE OF TRIAL

Any person subject to this Act who commits any offence against it may be tried and punished for such offence in any place whatever.

SECTION 77: CHOICE BETWEEN CRIMINAL COURT AND SECURITY GUARD COURT

When a Criminal Court and a Security Guard Court have each jurisdiction in respect of an offence, it shall be in the discretion of the Director-General, or the Inspector-General or the Deputy Inspector-General, within whose command the accused person is seni ^ or such other officer as may be prescribed, to decide before which Court the proceedings shall be instituted, and, if that officer decides that they shall be instituted before a Security Guard Court, to direct that the accused person shall be detained in Security Guard custody.

SECTION 78: POWER OF CRIMINAL COURT TO REQUIRE DELIVERY OF OFFENDER

( 1 ) When a Criminal Court having jurisdiction is of the opinion that proceedings shall be instituted before itself in respect of any alleged offence, it may, by written notice, require the officer referred to insection 77-at his option, either to deliver over the offender to the nearest Magistrate to be proceeded against according to law, or to postpone proceedings, pending a reference to the Central Government.

(2) In every such case, the said officer shall either deliver over the offender in compliance with the requisition, or shall forthwith refer the question as to the Court before which the proceedings are to be instituted, for the determination of the Central Government whose order upon such reference shall be final.

SECTION 79: PRESIDING OFFICER

At every General Security Guard Court or Petty Security Guard Court, the senior member shall be the presiding officer.

SECTION 80: JUDGE ATTORNEYS, ETC

Every General Security Guard Court shall, and every Petty Security Guard Court may, be attended by a Judge Attorney or a Deputy Judge Attorney-General or an Additional Judge Attorney-General, or, if no such officer is available, an officer approved by the Judge Attorney-General or by any officer authorised in this behalf by the Judge Attorney-General.

SECTION 81: CHALLENGES

( 1 ) At all trials by a General Security Guard Court or by a Petty Security Guard Court, as soon as the Court is assembled, the names of the presiding officer and members shall be read over to the accused, who shall thereupon be asked whether he objects to being tried by any officer, sitting on the Court.

(2) If the accused objects to such officer, his objection and also the reply thereto of the officer objected to shall be heard and recorded, and the remaining officers of the Court shall, in the absence of the challenged officer, decided on the objection.

(3) If the objection is allowed by one-half or more of the votes of the officers entitled to vote, the objection shall be allowed, and the member objected to shall retire, and his vacancy may be filled in the prescribed manner, by another officer subject to the same right of the accused to object.

(4) When no challenge is made, or when a challenge has been made and disallowed, or the place of every officer successfully challenged has been filled by another officer to whom no objection is made or allowed, the Court shall proceed with the trial.

SECTION 82: OATHS OF MEMBERS, JUDGE ATTORNEY AND WITNESS

( 1 ) An oath or affirmation in the prescribed manner shall be administered to every member of every Security Guard Court and to the Judge Attorney, or, as the case may be, the Deputy Judge Attorney-General or the Additional Judge Attorney-General or the officer approved undersection 80-, before the commencement of the trial.

(2) Every person giving evidence before a Security Guard Court shall be examined after being duly sworn or affirmed in the prescribed form.

(3) The provisions of sub-section (2) shall not apply where the witness is a child under twelve years of age and the Security Guard Court is of the opinion that though the witness understands the duty of speaking the truth he does not understand the nature of an oath or affirmation.

SECTION 83: VOTING BY MEMBERS

(1) Subject to the provisions of sub-sections (2) and (3), every decision of a Security Guard Court shall be passed by an absolute majority of votes: and where there is an equality of votes on either the finding or the sentence, the decision shall be in favour of the accused.

(2) No sentence of death shall be passed by a General Security Guard Court without the concurrence of at least two-thirds of the members of the Court.

(3) In matters, other than a challenge or the finding or sentence, the presiding officer shall have acasting vote.

SECTION 84: GENERAL RULE AS TO EVIDENCE

-The Indian Evidence Act, 1872-, shall, subject to the provisions of this Act, apply to all proceedings before a Security Guard Court.

SECTION 85: JUDICIAL NOTICE

A security Guard Court may take judicial notice of any matter within the general knowledge of the members as officers of the Security Guard.

SECTION 86: SUMMONING WITNESSES

(1) The convening officer, the presiding officer of a Security Guard Court, the Judge Attorney or, as the case may be. the Deputy Judge Attorney-General or the Additional Judge Attorney-General or the officer approved under section 80-or the Commander of the accused person may, by summons under his hand, require the attendance, at a time and place to be mentioned in the summons, of any person either to give evidence or to produce any document or other thing.

(2) In the case of a witness who is subject to this Act, the summons shall be sent to his Commander and such officer shall serve it upon him accordingly.

(3) In the case of any other witness, the summons shall be sent to the Magistrate within whose jurisdiction he may be, or resides, and such Magistrate shall give effect to the summons as if the witness was required in the Court of such a Magistrate.

(4) When a witness is required to produce any particular document or other thing in his possession or power, the summons shall describe it with reasonable precision.

SECTION 87: DOCUMENTS EXEMPTED FROM PRODUCTION

( 1 ) Nothing insection 86-shall be deemed to effect the operation of sections 123-and124 of the Indian Evidence Act, 1872-or to apply to any letter, postcard, telegram or other document in the custody of the postal or telegraph authorities.

(2) If any document in such custody is, in the opinion of any District Magistrate, Chief Judicial Magistrate, Court of Session on High Court wanted for the purpose of any Security Guard Court, such Magistrate or Court may require the postal or telegraph authorities, as the case may be, to deliver such document to such person as such Magistrate or Court may direct.

(3) If any such document is, in the opinion of any other Magistrate or of any Commissioner of Police or District Superintendent of Police, wanted for any such purpose, he may require the postal or telegraph authorities, as the case may be, to cause such search to be made for and to detain such document pending the order of any such District Magistrate, Chief Judicial Magistrate, Court of Session or High Court.

SECTION 88: COMMISSIONS FOR EXAMINATION OF WITNESSES

( 1 ) Whenever, in the course of a trial by a Security Guard Court, it appears to the Court that the examination of a witness is necessary for the ends of justice, and the attendance of such witness cannot be procured without an amount of delay, expense or inconvenience which in the circumstances of the case, would be unreasonable, such Court may address the Judge Attorney-General in order that a commission to take the evidence of such witness may be issued.

(2) The Judge Attorney-General may then, if he thinks necessary, issue a commission to any Chief Judicial Magistrate or Magistrate of the first class, within the local limits of whose jurisdiction such witness resides, to take the evidence of such witness.

(3) The Magistrate or officer to whom the commission is issued, or, if he is the Chief Judicial Magistrate, he or such Magistrate of the first class as he appoints in this behalf, shall proceed to the place where the witness is, or shall summon the witness before him and shall take down his evidence in the same manner, and may lor this purpose exercise the same powers, as in the trials of warrant cases under the Code of Criminal Procedure, 1973-.

(4) When the witness resides in a tribal area or in any place outside India, the commission may be issued in the manner specified inChapter 23-B of the Code of Criminal Procedure, 1973-.

SECTION 89: EXAMINATION OF WITNESS ON COMMISSION

(1) The prosecutor and accused person in any case in which a commission is issued under section 88-may respectively forward any interrogatories in writing which the Court may think relevant to the issue, and the Magistrate or officer executing the commission shall examine the witness upon such interrogatories.

(2) The prosecutor and the accused person may appear before such Magistrate or officer by counsel or, except in the case of an accused person in custody, in person, and may examine, cross- examine and reexamine, as the case may be, the said witness.

(3) After a Commission issued under section 88-has been duly executed, it shall be returned. together with the deposition of the witness examined thereunder, to the Judge, Attorney-General.

(4) On receipt of a commission, and deposition returned under subsection (3), the Judge. Attorney-General shall forward the same to the Court at whose instance the commission was issued or, if such Court has been dissolved, to any other Court convened for the trial of the accused person: and the commission, the return thereto and the deposition shall be open to inspection by the prosecutor and the accused person, and may, subject to all just exceptions, be read in evidence in the case by either the prosecutor or the accused and shall form part of the proceedings of the Court.

(5) In every case in which a commission is issued under section 88-, the trial may be adjourned for specified time reasonably sufficient for the execution and return of the commission.

SECTION 90: CONVICTION OF OFFENCE NOT CHARGED

-A person charged before a Security Guard Court,-

(a) with desertion may be found guilty of attempting to desert or of being absent without leave ;

(b) with attempting to desert may be found guilty of being absent without leave:

(c) with using criminal force may be found guilty of assault;

(d) with using threatening language may be found guilty of using insubordinate language;

(e) with any one of the offences specified in clauses (a), (b). (c) and (d) of section 29-may be found guilty of any other of these offences with which he might have been charged:

(f) with an offence punishable under section 45-may be found guilty of any other offence of which he might have been found guilty, if the provisions ofthe Code of Criminal Procedure, 1973-, were applicable:

(g) with any offence under this Act may, on failure of proof of an Offence having been committed in circumstances involving a more severe punishment, be found guilty of the same offence as having been committed in circumstances involving a less severe punishment;

(h) with any offence under this Act may be found guilty of having been attempted or abetted the commission of that offence, although the attempt or abetment is not separately charged.

SECTION 91: PRESUMPTION AS TO SIGNATURES

In any proceeding under this Act, any application, certificate, warrant, reply or other document purporting to be signed by an officer in the service of the Government shall, on production, be presumed to have been duly signed by the person by whom and in the character in which it purports to have been signed, until the contrary is shown.

SECTION 92: APPOINTMENT PAPER

(1) Any appointment paper purporting in be signed by an appointing authority shall, in proceedings under this Act, be evidence of the person appointed having given the answers to questions which he is therein represented as having given.

(2) The appointment of such person may be proved by the production of the original or a copy of his appointment paper purporting to be certified to be a true copy by the officer having the custody of the appointment paper,

SECTION 93: PRESUMPTION AS TO CERTAIN DOCUMENTS

( 1 ) A letter, return or other document respecting the service of any person in, or the dismissal or discharge of any person from, any unit of the Security Guard, or respecting the circumstances of any person not having served in, or belonged to. any unit of the Security Guard, if purporting to be signed by or on behalf of the Central Government or the Director-General, or by any other competent authority, shall be evidence of the facts stated in such letter, return or other document.

(2) A National Security Guard List or Gazette purporting to be published by authority shall beevidence of the status and rank of the officers and Assistant Commanders therein mentioned, and of any appointment held by them and of the group, unit or branch of the Security Guard to which they belong. . .

(3) Where a record is made in any unit book in pursuance of this Act or of any rules or otherwise in the discharge of official duties, and purports to be signed by the Commander or .by the officer whose duty it is to make such record, such record shall be evidence of the facts therein stated.

(4) A copy of any record in any unit book purporting to be certified to be a true copy by the officer having custody of such book shall be evidence of such record.

(5) Where any person subject to this Act is being tried on a charge of desertion or of absence without leave, and such person has surrendered himself into the custody of any officer or other person subject to this Act, or any unit of the Security Guard, or has been apprehended by such officer or person, a certificate purporting to be signed by such officer, or by the Commander of the unit to which such person belongs, as the case may be, and staling the fact, date and place of such surrender or apprehension, and the manner in which he was dressed, shall be evidence of the matters so stated.

(6) Where any person subject to this Act is being tried on a charge of desertion or of absence without leave and such person has surrendered himself into the custody of. or has been apprehended by, a police officer not below the rank of an officer in charge of a police station, a certificate purporting to be signed by such police officer and staling the fact, date and place of such surrender or. apprehension and the manner in which he was dressed shall be evidence of the matters so stated.

(7) (a) Any document purporting to be a report under the hand of a Government scientific expert to whom this sub-section applies, upon any matter or thing duly submitted to him for examination or analysis and report in the course of any proceeding under this Act, may be used as evidence in any inquiry, trial or other proceeding under this Act.

(b) The Security Guard Court may, if it thinks fit, summon and examine any such expert as to the subject matter of his report.

(c) Where any such expert is summoned by a Security Guard Court and he is unable to attend personally, he may, unless the Court has expressly directed him to appear personally depute any responsible person working with him to attend the Court if such officer is conversant with the facts of the case and can satisfactorily depose in the Court on his behalf.

(d) This sub-section applies to the Government scientific experts, for the time being specified in sub-section (4) ofsection 293 of the Code of Criminal Procedure, 1973-.

SECTION 94: REFERENCE BY ACCUSED TO GOVERNMENT OFFICER

(1) If at any trial for desertion, or absence without leave over-staying leave or nor rejoining when warned for service, the accused person states in his defence any sufficient or reasonable excuse for his unauthorised absence, and refers in support thereof to any officer in the service of the Government, or if it appears that any such officer is likely to prove or disprove the said statement in the defence, the Court shall address such officer and adjourn the proceedings until his reply is received.

(2) The written reply of any officer so referred to shall if signed by him, be received in evidence and have the same effect as if made on oath before the Court.

(3) If the Court is dissolved before the receipt of such reply or if the Court omits to comply with the provisions of this section, the convening officer may, at his discretion, annul the proceedings and order a fresh trial.

SECTION 95: EVIDENCE OF PREVIOUS CONVICTIONS AND GENERAL CHARACTER

( 1 ) When any person subject to this Act has been convicted by a Security Guard Court of any offence, such Security Guard Court may inquire into, and receive and record evidence of any previous convictions of such person, either by a Security Guard Court or by a Criminal Court, or any previous award of punishment undersection 51-orsection 53-orsection 54-and may further inquire into and record the general character of such person and such other matters as may be prescribed.

(2) The evidence received under this section may be either oral, or in the shape of entries in, or certified extracts from, books of Security Guard Courts or other official records, and it shall not be necessary to give notice before trial to the person tried that evidence as to his previous convictions or character will be received.

(3) At a Summary Security Guard Court, the officer holding the trial may, if he thinks fit, record any previous convictions against the offender, his general character, and such other matters as may be prescribed, as of his own knowledge, instead of requiring them to be proved under the foregoing provisions of this section.

SECTION 96: LUNACY OF ACCUSED

( 1 ) Whenever, in the course of a trial by a Security Guard Court, it appears to the Court that the person charged is by reason of unsoundness of mind incapable of making his defence, or that he committed the act alleged but was by reason of unsoundness of mind incapable of knowing the nature of the act or knowing that it was wrong or contrary to law, the Court shall record a finding accordingly,

(2) The presiding officer of the Court, or, in the case of a Summary Security Guard Court, the officer holding the trial, shall forthwith report the case to the confirming officer, or to the authority empowered to deal with its finding undersection 111-, as the case may be.

(3) The confirming officer to whom the case is reported under sub-section (2) may, if he does not confirm the finding, take steps to have the accused person tried by the same or another Security Guard Court for the offence with which he was charged.

(4) The authority to whom the finding of a Summary Security Guard Court is reported under sub-section (2), and a confirming officer confirming the finding in any case so reported to him shall order the accused person to be kept in custody in the prescribed manner and shall report the case for the orders of the Central Government.

(5) On receipt of a report under sub-section (4), the Central Government may order the accused person to be detained in a lunatic asylum or other suitable place of safe custody.

SECTION 97: SUBSEQUENT FITNESS OF LUNATIC ACCUSED FOR TRIAL

Where any accused person, having been found by reason of unsoundness of mind to be incapable of making his defence, is in custody or under detention under S. 96, any officer prescribed in this behalf, may-

(a) if such person is in custody under sub-section (4) of section 96-, on the report of a medical officer that he is capable of making his defence, or.

(b) if such person is detained in a jail under sub-section (5) of section 96-, on a certificate of the Inspector-General of Prisons, and if such person is detained in a lunatic asylum under the said sub-section, on a certificate of any two or more of the visitors of such asylum and if he is detained in any other place under that sub-section, on a certificate of the prescribed authority, that he is capable of making his defence, take steps to have such person tried by the same or another Security Guard Court for the offence with which he was originally charged or, if the offence is a civil offence, by a Criminal Court.

SECTION 98: TRANSMISSION TO CENTRAL GOVERNMENT OF ORDERS UNDER SECTION 97

A copy of every order made by an officer under section 97-for the trial of the accused shall forthwith be sent to the Central Government.

SECTION 99: RELEASE OF LUNATIC ACCUSED

Where any person is in custody under sub-section (4) of section 96-or under detention under sub-section (5) of that section,-(a) if such person is in custody under the said sub-section (4), on the report of a medical officer, or

(b) if such person is detained under the said sub-section (5), on a certificate from any of the authorities mentioned in clause (b) of section 97-that in the judgment of such officer or authority such person may be released without danger of his doing injury to himself or to any other person, the Central Government may order that such person be released or detained in custody, or transferred to a public lunatic asylum if he has not already been sent to such an asylum.

SECTION 100: DELIVERY OF LUNATIC ACCUSED TO RELATIVES

Where any relative or friend of any person who is in custody under sub-section (4) ofsection 96-or under detention under sub-section (5) of that section desires that he should be delivered to his care and custody, the Central Government may, upon application by such relative or friend and, on his giving security to the satisfaction of that Government that the person delivered shall be properly taken care of, and, prevented from doing injury to himself or to any other officer, and be produced for the inspection of such officer, and at such times and places, as the Central Government may direct, order such person to be delivered to such relative or friend.

SECTION 101: ORDER FOR CUSTODY AND DISPOSAL OF PROPERTY PENDING TRIAL

When any property regarding which any offence appears to have been committed, or which appears to have been used for the commission of any offence, is produced before a Security Guard Court during a trial, the Court may mike such order as it thinks fit for the proper custody" of such property pending the conclusion of the trial, and if the property is subject to speedy or natural decay may, after recording such evidence as it thinks necessary, order it to be sold or otherwise disposed of.

SECTION 102: ORDER FOR DISPOSAL OF PROPERTY REGARDING WHICH OFFENCE IS COMMITTED

(1) After the conclusion of a trial before any Security Guard Court, the Court or the officer confirming the finding or sentence of such Security Guard Court, or any authority superior to such officer, or. in the case of a Summary Security Guard Court whose finding or sentence does not require confirmation, an officer not below the rank of a Deputy Inspector-General within whose command the trial was held, may make such order as it or he thinks fit for the disposal by destruction, confiscation, delivery to any person claiming to be entitled to possession thereof, or otherwise, of any property or document produced before the Court or in its custody, or regarding which any offence appears to have been committed or which has been used for the commission of any offence.

(2) Where any order has been made under sub-section (1) in respect of property regarding which an offence appears to have been committed, a copy of such order signed and certified by the authority making the same may, whether the trial was held within India or not, be sent to a Magistrate within whose jurisdiction such property for the time being is situated, and such Magistrate shall thereupon cause the order to be carried into effect as if it were an order passed by him under the provisions of the Code of Criminal Procedure, 1973-.

(3) In this section, the term "property" includes in the case of property regarding which an offence appears to have been committed, not only such property as has been originally in the possession or under the control of any person, but also any property into or for which the same may have been converted or exchanged and anything acquired by such conversion or exchange whether immediately or otherwise.

SECTION 103: POWERS OF SECURITY GUARD COURT IN RELATION TO PROCEEDINGS UNDER THE ACT

Any trial by a Security Guard Court under the provisions of this Act shall be deemed to be a judicial proceeding within the meaning of sections 193-and228 of the Indian Penal Code-and the Security Guard Court shall be deemed to be a Court within the meaning of Sections 345-and346 of the Code of Criminal Procedure, 1973-

SECTION 104: FINDING AND SENTENCE NOT VALID, UNLESS CONFIRMED

No finding or sentence of a General Security Guard Court or a Petty Security Guard Court shall be valid except so far as it may be confirmed as provided by this Act.

SECTION 105: POWER TO CONFIRM FINDING AND SENTENCE OF GENERAL SECURITY GUARD COURT

The findings and sentences of General Security Guard Courts may be confirmed by the Central Government or by any officer empowered in this behalf by warrant of the Central Government.

SECTION 106: POWER TO CONFIRM FINDING AND SENTENCE OF PETTY SECURITY GUARD COURT

The Findings and sentences of Petty Security Guard Courts may be confirmed by an authority or officer having power to convene a General Security Guard Court or by any officer empowered in this behalf by warrant of such authority or officer.

SECTION 107: LIMITATION OF POWERS OF CONFIRMING AUTHORITY

A warrant issued under section 105-orsection 106-may contain such restrictions, reservations or conditions as the authority issuing it may think fit.

SECTION 108: POWER OF CONFIRMING AUTHORITY TO MITIGATE, REMIT OR COMMUTE SENTENCES

Subject to such restrictions, reservations or conditions, as maybe contained in any warrant issued under section 105-orsection 106-, a confirming authority may, when confirming the sentence of a Security Guard Court, mitigate or remit the punishment thereby awarded, or commute that punishment for any punishment or punishments lower in the scale laid down in section 47-or may set aside the proceedings of the trial if found to be illegal.

SECTION 109: REVISION OF FINDING OR SENTENCE

(1) Any finding or sentence of a Security Guard Court which requires confirmation may be once revised by the order of the confirming authority .and on such revision, the Court, if so directed by the confirming authority, may take additional evidence.

(2) The Court, on revision, shall consist of the same officers as were present when the original decision was passed, unless any of those officers are unavoidably absent.

(3) In case of such unavoidable absence the cause thereof shall be duly certified in the proceedings, and the Court shall proceed with the revision provided that, if a General Security Guard Court, it still consist of five officers, or, if a Petty Guard Court, of three officers.

SECTION 110: FINDING AND SENTENCE OF A SUMMARY SECURITY GUARD COURT

The finding and sentence of a Summary Security Guard Court shall not require to be confirmed, but may be carried out forthwith.

SECTION 111: TRANSMISSION OF PROCEEDINGS OF SUMMARY SECURITY GUARD

Court.-The proceedings of every Summary Security Guard Court shall, without delay, be forwarded to the officer not below the rank of a Deputy Inspector-General within whose command the trial was held, or to the prescribed officer, and such officer, or the Director-General or any officer empowered by him in this behalf may, for reasons based on the merits of the case, but not on merely technical grounds, set aside the proceedings, or reduce the sentence to any other sentence which the Court might have passed.

SECTION 112: ALTERATION OF FINDING OR SENTENCE IN CERTAIN CASES

( 1 ) Where a finding of guilty by a Security Guard Court, which has been confirmed or which does not require confirmation, is found for any reason to be invalid or cannot be supported by the evidence, the authority which would have had power under section 124-to commute the punishment awarded by the sentence, if the finding had been valid, may substitute a new finding and pass a sentence for the offence specified or involved in such finding: Provided that no such substitution shall be made unless such finding could have been validly made by the Security Guard Court on the charge and unless it appears that the Security Guard Court must have been satisfied of' the facts establishing the said offence.

(2) Where a sentence passed by a Security Guard Court which has been confirmed, or which does not require confirmation, not being a sentence passed in pursuance of a new finding substituted under sub-section (1), is found for any reason to be invalid, the authority referred to in sub-section (1) may pass a valid sentence.

(3) The punishment awarded by a sentence passed under sub-section ( 1 ) or sub-section (2) shall not be higher in the scale of punishments than, or in excess of, the punishment awarded by, the sentence for which a new sentence is substituted under this section.

(4) Any finding substituted, or any sentence passed under this section shall for the purposes of this Act and the rules, have effect as if it were a finding or sentence, as the case may be, of a Security Guard Court.

SECTION 113: REMEDY AGAINST ORDER, FINDING OR SENTENCE OF SECURITY GUARD COURT

(1) Any person subject to this Act who considers himself aggrieved by any order passed by any Security Guard Court may present a petition to the officer or authority empowered to confirm any finding or sentence of such Security Guard Court, and the confirming authority may take .such steps as may be considered necessary to satisfy itself as to the correctness, legality or propriety of the order passed or as to the regularity of any proceeding to which the order relates.

(2) Any person subject to this Act who considers himself aggrieved by a finding or sentence of any Security Guard Court which has been confirmed, may present a petition to the Central Government, the Director-General, or any prescribed officer superior in command to the one who confirmed such finding or sentence, and the Central Government, the Director-General, or the prescribed officer, as the case may be, may pass such order thereon as it or he thinks fit.

SECTION 114: ANNULMENT OF PROCEEDINGS

The Central Government, the Director-General or an Inspector-General may annul the proceedings of any Security Guard Court on the ground that they, are illegal or unjust.

SECTION 115: FORM OF SENTENCE OF DEATH

In awarding a sentence of death, a Security Guard Court shall, in its discretion, direct that the offender shall suffer death by being, hanged by the neck until he be dead, or shall suffer death by being shot to death.

SECTION 116: COMMENCEMENT OF SENTENCE OF IMPRISONMENT

Whenever any person is sentenced by a Security Guard Court under this Act to imprisonment, the term of his sentence shall, whether it has been revised or not. be reckoned to commence on the day on which the original proceedings were signed by the presiding officer, or in the case of a Summary Security Guard Court, by the Court. Provided that the period of detention or confinement, if any undergone by an accused person, during the investigation, inquiry or trial of the case in which he is sentenced and before the date on which the original proceedings were signed shall be set-off against the term of his sentence and the liability of such person to undergo imprisonment shall be restricted to the remainder, if any of the term of his sentence.

SECTION 117: EXECUTION OF SENTENCE OF IMPRISONMENT

(1) Whenever any sentence of imprisonment is passed under this Act by a Security Guard Court or whenever any sentence of death is commuted to imprisonment, the confirming officer, or in case of a Summary Security Guard Court the officer holding the Court or such other officer as may be prescribed, shall, save as otherwise provided in sub-sections (3) and (4), direct that the sentence shall be carried out by confinements in a civil prison.

(2) When a direction has been made under sub-section (1), the Commander of the person under sentence or such other officer as may be prescribed shall forward a warrant in the prescribed form to the officer in charge of the prison in which such person is to be confined and shall arrange for his despatch to such prison with the warrant.

(3) In the case of a sentence of imprisonment for a period not exceeding three months and passed under this Act by a Security Guard Court, the appropriate officer under sub-section (1) may direct that the sentence shall be carried out by confinement in Security Guard custody instead of in a civil prison.

(4) On active duty, a sentence of imprisonment may be carried out by confinement in such place as the Deputy Inspector-General within whose command the person sentenced is serving or any prescribed officer, may, from time to time, appoint.

SECTION 118: TEMPORARY CUSTODY OF OFFENDER

Where a sentence of imprisonment is directed to be undergone in a civil prison the offender may be kept in Security Guard custody or in any other fit place, till such time as it is possible to send him to a civil prison.

SECTION 119: EXECUTION OF SENTENCE OF IMPRISONMENT IN SPECIAL CASES

Whenever, in the opinion of an officer not below the rank of a Deputy Inspector-General within whose command the trial is held, any sentence or portion of a sentence of imprisonment cannot for special reasons, conveniently be carried out in Security Guard custody in accordance with the provisions of section 117-, such officer may direct that such sentence or portion of sentence shall be carried out by confinement in any civil prison or other fit place.

SECTION 120: CONVEYANCE OF PRISONER FROM PLACE TO PLACE

A person under sentence of imprisonment may, during his conveyance from place to place, or when on board a ship, aircraft, or otherwise, be subjected to such restraint as is necessary for his safe conduct and removal.

SECTION 121: COMMUNICATION OF CERTAIN ORDERS TO PRISON OFFICERS

Whenever an order is duly made under this Act setting aside or varying any sentence, order or warrant under which any person is confined in a civil prison, a warrant in accordance with such order shall be forwarded by the officer making the order or his staff officer or such other person as may be prescribed, to the officer in charge of the prison in which such person is confined.

SECTION 122: EXECUTION OF SENTENCE OF FINE

When a sentence of fine is imposed by a Security Guard Court under section 45-, a copy of such sentence signed and certified by the confirming officer, or where no confirmation is required, by the officer holding the trial may be sent to any Magistrate in India, and such Magistrate shall thereupon cause the fine to be recovered in accordance with the provisions of the Code of Criminal Procedure, 1973-, as if it were a sentence of fine imposed by such Magistrate.

SECTION 123: INFORMALITY OR ERROR IN THE ORDER OR WARRANT

Whenever any person is sentenced to imprisonment under this Act, and is undergoing the sentence in any place or manner in which he might be confined under a lawful order or warrant in pursuance of this Act, the confinement of such person shall not be deemed to be illegal only by reason of informality or error in, or as respects, the order, warrant or other document, or the authority by which, or in pursuance whereof such person was brought into, or, is confined in any such place, and any such order, warrant or document may be amended accordingly.

SECTION 124: PARDON AND REMISSION

- When any person subject to this Act has been convicted by a Security Guard Court of any offence, the Central Government or the Director-General or, in the case of a sentence, which he could have confirmed or which did not require confirmation, an officer not below the rank of a Deputy Inspector-General within whose command such person at the time of conviction was serving, or the prescribed officer may,-

(a) either with or without conditions which the person sentenced accepts, pardon the person or remit the whole or any part of the punishment awarded; or

(b) mitigate the punishment awarded; or

(c) commute such punishment for any less punishment or punishments mentioned in this Act; or

(d) either with or without conditions which the person sentenced accepts, release the person on parole.

SECTION 125: CANCELLATION OF CONDITIONS PARDON, RELEASE ON PAROLE OR REMISSION

(1) If any condition on which a person has been pardoned or released on parole or a punishment has been remitted is, in the opinion of the authority which granted the pardon, release or remission not fulfilled, such authority may cancel the pardon, release or remission and thereupon the sentence of the Court shall be carried into effect as if such pardon, release or remission had not been granted.

(2) A person whose sentence of imprisonment is carried into effect under the provisions of sub-section (1) shall undergo only the unexpired portion of his sentence.

SECTION 126: SUSPENSION OF SENTENCE OF IMPRISONMENT

( 1 ) Where a person subject to this Act is sentenced by a Security Guard Court to imprisonment, the Central Government, the Director-General or any officer empowered to convene a General Security Guard Court may suspend the sentence whether or not the offender has already been committed to prison or to Security Guard custody.

(2) The authority or officer specified in sub-section (1) may, in the case of an offender so sentenced, direct that until the orders of such authority or officer have been obtained the offender so sentenced, direct that until the orders of such authority or officer have been obtained the offender shall not be committed to prison or to Security Guard custody.

(3) The powers conferred by sub-sections (1) and (2) may be exercised in the case of any such sentence which has been confirmed, reduced or commuted.

SECTION 127: ORDERS PENDING SUSPENSION

(1) Where the sentence referred to in section 126-is imposed by a Security Guard Court, other than a Summary Security Guard Court, the confirming officer may, when confirming the sentence, direct that the offender be not committed to prison or to Security Guard custody until the orders of the authority or officer specified in section 126-, have been obtained.

(2) Where a sentence of imprisonment is imposed by a Summary Security Guard Court, the officer holding the trial may make the direction referred to in sub-section (1).

SECTION 128: RELEASE ON SUSPENSION

Where a sentence is suspended under section 126-, the offender shall forthwith be released from custody.

SECTION 129: COMPUTATION OF PERIOD OF SUSPENSION

Any period during which the sentence is under suspension shall be reckoned as part of the term of such sentence.

SECTION 130: ORDER AFTER SUSPENSION

The authority or officer specified in section 126-may, at any time While a sentence is suspended, order-

(a) that the offender be committed to undergo the unexpired portion of the sentence; or

(b) that the sentence be remitted.

SECTION 131: RECONSIDERATION OF CASE AFTER SUSPENSION

( 1 ) Where a sentence has been suspended, the case may at any time, and shall at intervals of not more than four months, be reconsidered by the authority or officer specified insection 126-, or by any officer not below the rank of a Deputy Inspector-General duly authorised by the authority or officer specified in section 126-.

(2) Where on such reconsideration by the officer so authorised it appears to him that the conduct of the offender since his conviction has been such as to justify a remission of the sentence, he shall refer the matter to the authority or officer specified in section 126-.

SECTION 132: FRESH SENTENCE AFTER SUSPENSION

- Where an offender, while a sentence on him is suspended under this Act, is sentenced for any other offence, then-

(a) if the further sentence is also suspended under this Act, the two sentences shall run concurrently;

(b) if the further sentence is for a period of three months or more and is not suspended under this Act, the offender shall also be committed to prison or Security Guard custody for the unexpired portion of the previous sentence, but both sentences shall run concurrently; and

(c) if the further sentence is for a period of less than three months and is not suspended under this Act, the offender shall be so committed on that sentence only and the previous sentence shall, subject to any order which may be passed under section 130-orsection 131-continue to be suspended.

SECTION 133: SCOPE OF POWER OF SUSPENSION

The powers conferred by sections 126-and130-shall be in addition to, and not in derogation of, the power of mitigation, remission and commutation.

SECTION 134: EFFECT OF SUSPENSION AND REMISSION ON DISMISSAL

(1) Where in addition to any other sentence the punishment of dismissal has been awarded by a Security Guard Court, and such other sentence is suspended under section 126-, then, such dismissal shall not take effect until so ordered by the authority or officer specified in section 126-.

(2) If such other sentence is remitted under section 130-, the punishment of dismissal shall also be remitted.

SECTION 135: RANK STRUCTURE

(1) The officers and other members of the Security Guard shall be classified in accordance with their ranks in the following categories, namely :-

(a) officers-

(i) Director-General.

(ii) Additional Director-General.

(iii) Inspector-General.

(iv) Deputy Inspector-General.

(v) Group Commander.

(vi) Squadron Commander. (vii) Team Commander (b) Assistant Commanders-

(vii) Assistant Commander Grade 1. (ix) Assistant Commander Grade II. (x) Assistant Commander Grade III.

(c) Person other than officers and Assistant Commanders-

(xi) Ranger Grade 1.

(xii) Ranger Grade II.

(xiii) Combatised tradesmen.

(2) The matters relating to inter se seniority of persons belonging to the same rank shall be determined in accordance with such rules as may be prescribed.

(3) Notwithstanding anything contained in this Act, the Director-General may, subject to confirmation by the Central Government as provided hereinafter, grant to an officer or Assistant Commander Grade I a rank, mentioned in clause (a) of subsection ( 1 ) as a local rank, whenever considered necessary by him in the interest of better functioning of the Security Guard.

(4) An officer or Assistant Commander Grade I holding a local rank,-

(a) shall exercise the command and be vested with powers of an officer holding that rank;

(b) shall cease to hold that rank, if the grant of such rank is not confirmed within one month by the Central Government, or when so ordered by the Director-General or when he ceases to hold the appointment for which the rank was granted;

(c) shall not be entitled to claim any seniority over other officers by virtue of his having held such local rank: and

(d) shall not be entitled to any extra pay for holding such rank.

SECTION 136: DEDUCTION FROM PAY AND ALLOWANCES

( 1 ) Subject to the provisions of sub-section (4), the following deductions may be made from the pay and allowances of an officer, that is to say.-

(a) all pay and allowances due to an officer for every day he absents himself without leave, unless a satisfactory explanation has been given and accepted by the Inspector-General under whom he is for the time being serving, and for

every day of imprisonment awarded by a Criminal Court or a Security Guard Court;

(b) any sum required to make good the pay of any person subject to this Act which the office has unlawfully retained or unlawfully refused to pay:

(c) any sum required to be paid as fine imposed by a Criminal Court;

(d) any sum required to make up any loss, damage or destruction of public property or property belonging to the Security Guard which, after due investigation, appears to the Inspector-Genera under whom the officer is for

the time being serving, to have been occasioned by wrongful act or negligence on the part of the officer:

(e) any sum required by an order of the Central Government to be paid for the maintenance of his wife or his legitimate or illegitimate child or step-child or towards the cost of any relief given by the said Government to the said wife or child.

(2) Subject to the provisions of sub-section (4), the following deductions may be made from the pay and allowances of a person subject to this Act, other than an officer, that is to say,-

(a) all pay and allowances due to him for every day of absence either on desertion or without leave unless a satisfactory explanation has been given and accepted by his Commander and for every day of imprisonment awarded by a Criminal Court, a Security Guard Court or an officer exercising authority under section 51-;

(b) any sum required to make good the pay of any person subject to this Act which he has unlawfully retained or unlawfully refused to pay;

(c) any sum required to make good such compensation for any expenses, loss, damage or destruction caused by him to the Central Government or to any building or property or any private fund of the Security Guard as may be awarded by his Commander;

(d) any sum required to be paid as fine imposed by a Criminal Court:

(e) any sum required by an order of the Central Government to be paid for the maintenance of his wife or his legitimate or illegitimate child or step-child or towards the cost of any relief given by the said Government to the said wife or child.

(3)

(i) No person shall be treated as absent or under imprisonment for a day unless

the absence or imprisonment has lasted whether wholly in one day or partly in one day and partly in another, for six consecutive hours or upwards.

(ii) Any absence or imprisonment for less than a day may be reckoned as

absence or imprisonment for a day if such absence or imprisonment prevented the absentee from fulfilling any duty as a member of the Security Guard which was thereby thrown upon some other member.

(4) The total deductions from the pay and allowances of a person made under clauses (b) to (e) of sub-section ( 1 ) or clauses (b) to (e) of subsection (2) shall not, except where he is sentenced to dismissal, exceed in any one month, one-half of his pay and allowances for that month.

(5) Any sum authorised by this Act to be deducted from the pay and allowances of any person may, without prejudice to any other mode of recovering the same, be deducted from any public money due to him other than a pension.

(6) The following shall be the authorities competent to order deductions from pay and allowances under this Act, namely :-

(a) Commanders not below the rank of Group Commanders, in the case of persons other than officers:

(b) Inspector-General, in the case of officers.

(7) Any authority superior to the one ordering any deduction under this Act shall be competent to remit the whole or part of the said deduction.

(8) Any power conferred by the provisions of this section on an officer may be exercised by an officer or authority superior in command to the first mentioned officer.

SECTION 137: POWERS AND DUTIES CONFERABLE AND IMPOSABLE ON MEMBERS OF THE SECURITY GUARD

(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 Security Guard 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 Centra] 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 Security Guard 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.

SECTION 138: PROTECTION FOR ACTS OF MEMBERS OF THE SECURITY GUARD

( 1 ) In any suit or proceeding against any member of the Security Guard 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 Security Guard 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 Security Guard 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.

SECTION 139: POWER TO MAKE RULES

( 1 ) The Central Government may, by notification, make rules2[for 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 all or any of the following matters, namely :-

(a) the manner in which the Security Guard shall be constituted and the conditions of service of its members under sub-section (1) of section 4-;

(b) the nature of the book or letter or other document, the communication or publication whereof would not be restricted by sub-section ( 1 ) of section 12-:

(c) the purposes other than political purposes for which a person subject to the

Act shall not participate in, or address, any meeting or demonstration under sub-section (2) of section 12-;

(d) the purposes for which the forfeiture of service as a punishment may be inflicted under sub-section (1) of section 47-;

(e) the manner in which officers may be proceeded against under section 53-and sub-sections ( 1 ) and (2) of section 54-;

(f) the manner in which and the period for which any person subject to this Act

may be taken into and detained in Security Guard custody pending his trial under sub-section (4) of section 56-;

(g) the manner in which a Court of inquiry enquiring into the absence of

SECTION 140: PROVISIONS AS TO EXISTING NATIONAL SECURITY GUARD

( 1 ) The National Security Guard in existence at the commencement of this Act shall be deemed to be the Security Guard constituted under this Act.

(2) The members of the National Security Guard in existence at the commencement of this Act shall be deemed to have been appointed 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 National Security Guard referred to in sub-section (1), in relation to any person appointed, 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.

Footnotes:

2. For National Security Guard Rules, 1987 see Gaz. of Ind., 6-8-87, Pt. II, S. 3(i), Ext., p. 47 (No. 402).

CRIMINAL COURTS AND SECURITY GUARD COURTS (ADJUSTMENT OF JURISDICTION) RULES 1987

In exerewe of ihe powers conferred by clause (q) OF sub-section(2) of

Section 139 of the National Security Guard Act, 1986 (47 of 1986), the Central Government hereby makes the following rules, namely:-

RULE 1 SHORT TITLE

-These rules may calird the Criminal Courts and Security Guard Courts (Adjustment of Jurisdiction) Rules, 1987.

RULE 2 DEFINITIONS

-In these rules, unless the context otherwise requires:-

(i) "Act" means the National Security Guard Act, 1986 (47 of 1986);

(ii) "Commander" in relation to a person subject to the Act, means the Officer Commanding the unit or detachment to which such person belongs or is attached ;

(iii) "Competent Authority" means the Director-General, Inspector-General, or a Deputy Inspector-General of the National Security Guard;

(iv) words and expressions used in these rules and not defined but defined in the Act, shall have the meaning respectively assigned to them in the Act.

RULE 3 TRIAL OF PERSON SUBJECT TO THE ACT

-Where a person subject to the Act, is brought before a Magistrate and charged with an offence for which he is liable to be tried by a Security Guard Court, such Magistrate shall not proceed to try such person or to inquire with a view to his commit- ment for trial by the Court of Sessions or the High Court for any offence triable bysuch Court, unless,-

(a) he is of the opinion, for reasons to be recorded in writing that he should so proceed without being moved thereto by the competent authority; or

(b) he is moved thereto by such authority.

RULE 4 NOTICE BY MAGISTRATE

-Before proceeding under clause (a) ofRule 3-, the Magistrate shall give written notice to the Commander of the accused and until the expiry of a period of:-

(i) three weeks, in the case of a notice given to a Commander in command of a unit or detachment located in any of the following areas, that is to say:- Nagaland, Mizoram, Meghalaya and North Cachar Hill Districts of Assam, or

(ii) ten days in the case of a notice given to any other Commander in command of a unit or detachment located elsewhere in India from the date of the service of such notice, he shall not,-

(a) convict or acquit the accused under section 252-orSection 255(1),(2)-

orSection 256-orSection 257 of the Code of Criminal Procedure, 1973 (2 of 1974)-or hear him in his defence under section 254-of the said Code ; or

(b) frame in writing a charge against the accused under section 246-of the said Code; or

(c) make an order committing the accused for trial by the High Court or the Court of Sessions under section 192-of the said Code; or

(d) transfer the case for inquiry or trial under section 192-of the said Code.

RULE 5 PROCEDNRE ON NOTICE TO THE MAGISTRATE

-Where within the period mentioned inRule 4-above, or at any time thereafter before the Magistrate has done any act or made any order referred to in that rule, the Commander of the accused or the competent authority, as the case may be, gives notice to the Magistrate that in the opinion of such authority, the accused should be tried by a Security Guard Court, the Magistrate shall stay proceedings and if the accused is in his power or under his control, shall deliver him with the statement prescribed in sub-section (1) ofSection 475 of the Code of Criminal Procedure, 1973 (2 of 1974)-to the authority specified in the said sub-section.

RULE 6 PROCEDURE ON NOTICE TO MAGISTRATE BEFORE COMMENCEMENT OF TRIAL

-Where a Magistrate has been moved by the competent authority under clause (A) ofRule 3-and the Commander of the accused or the competent authority, as the case may be, subsequently gives notice to such Magistrate that, in the opinion of such authority the accused should be tried by a Security Guard Court, such Magistrate if he has not before receiving such notice, done any act or made any order referred to inRule 4-, shall stay proceedings, and, if the accused is in his power or under his control, shall in the like manner deliver him, with the statement prescribed in sub- section (1) ofSection 475 of the Code of Criminal Procedure, 1973 (2 of 1974)-to the authority specified in the said sub-section.

RULE 7 INTIMATION REGARDING TRIAL OF ACCASED

(1) When an accused has been delivered by the Magistrate underRule 5-or6-, the Commander of the accused or the competent authority, as the case may be, shall, as soon as may be, inform the Magistrate whether the accused has been tried by a Security Guard Court or other effectual proceedings have been taken or ordered to be taken against him.

(2) When the Magistrate has been informed under sub-rule (1) that the accused has not been tried or other effectual proceedings have not been taken or not ordered to be taken against him the Magistrate shall report the circumstances to the State Government, which may, in consultation with the Central Government, take appropriate steps to ensure that the accused person is dealt with in accordance with law.

RULE 8 Reference to Central Government for determination of court of trial

-Notwithstanding anything contained in the foregoing rules, where it comes to the notice of a Magistrate that a person subject to the Act has committed an offence, proceedings in respect of which ought to be instituted before him and that the presence of such person cannot be procured except through the Commander or the competent authority, the Magistrate may, by a written notice, require the Commander of such person either to deliver such person to a Magistrate to be named in the said notice for being pro- ceeded against according to law, or to stay the proceedings against such person before the Security Guard Court, if since instituted, and to make a reference to the Central Government for determination as to the Court before which proceedings should be instituted.

RULE 9 DELIVERY OF ACCASED TO THE MAGISTRATE

-Where a person subject to the Act has committed an offence which, in the opinion of the competent authority ought to be tried by a Magistrate in accordance with the civil law in force or where the Central Government, on a reference mentioned inRule 8-, decides that the proceedings against such person should be instituted before a Magistrate, the Commander of such person shall, after giving a written notice to the Magistrate concerned deliver such person under proper escort to that Magistrate.

NATIONAL SECURITY GUARD RULES, 1987

6TH AUGUST, 1987

G S.R. 688(E), dated 6th August, 1987.

1-In exercise of the powers con- ferred by Section 169 of the National Security Guard Act, 1986 (47 of 1986), the Central Government hereby makes the following rules, namely :

RULE 1 SHORT TITLE, COMMENCEMENT AND APPLICATION

(1) These rules may be called the National Security Guard Rules, 1987.

(2) They shall come into force on the date of their publication in the Official Gazette.

(3) These rules shall apply to all persons subject to the Act : Provided that the provisions of Chapter IV thereof shall not apply to the person on deputation with the National Security Guard : Provided further that the provisions of Chapters IX and X thereof shall not apply to trials by Summary Security Guard Courts in so far as they are inconsistent with any of the provisions contained in Chapter XI thereof per- taining to Summary Security Guard Courts.

RULE 2 DEFINITIONS

-In these rules, unless the context otherwise requires,-

(a) "Act" means the National Security Guard Act, 1986 (47 of 1986) ; (b) "Appendix" means an Appendix annexed to these rules ; (c) "Court" means the Security Guard Court ;

(d) "Detachment" includes any part of a Group or a unit of the Security Guard required or ordered to proceed on duty away from Headquarters;

(e) "proper Security Guard authority" when used in relation to any power, duty, act or matter, means such Security Guard authority as, in pursuance of these rules made under the Act exercises, or performs that power or duty or is concerned with that matter :

(f) "Section" means a lection of the Act ;

(g) All other words and expressions used in these rules and not de- fined, but defined in the Act, shall have the same meaning as res- pectively assigned to them in the Act.

RULE 3 REPORTS AND APPLICATIONS

-Any report or application required by these rules to be made to a superior authority or is otherwise made to a supe- rior authority shall be made in writing and through proper channel.

RULE 4 FORMS IN APPENDICES

(1) The forms set forth in the appendices, with such variations as the circumstances of each case may require, may be used for the respective purpose therein mentioned, and if used shall be sufficient, but a deviation from such form shall not, by reason only of such deviation, render invalid any charge, warrant, order, proceedings or any other document relevant to these rules.

(2) Any omission of any such form shall, not, by reasons only of such omission, render any act or thing invalid.

(3) The directions in the notes to and the instructions in the form shall be duly complied with in all cases to which they relate, but any omission to comply with any such direction in the notes, or instructions shall not merely by reason of such omission, render any act or thing invalid.

RULE 5 EXERCISE OF POWER VESTED IN BOLDER OF AN OFFICE IN THE SECURITY GUARD

-Any power or jurisdiction given to any person holding any office in the Security Guard to do any act or thing to. or before, any person, may, for the time being, be performing the functions of that office in accordance with the rules and practice of the Security Guard.

RULE 6 CASE UNPROVIDED FOR

-In regard to any matter not specifically pro- vided for in these rules, it shall be lawful for the competent authority to do such thing or take such action as he may deem fit in the circumstances of the case.

RULE 7 INELIGIBILITY

(1) No person, who has more than one wife living or who having a spouse living marries in any case in which such marriage is void by reasons of its taking place during the life time of such spouse shall be eligible for appointment, employment in the Security Guard.

(2) Any person subject to the Act, who contracts or enters into a second marriage during the life time of his first spouse, shall render himself ineligible for retention in service and may be dismissed, removed or retired from service on ground of unsuitability : Provided that the Central Government may, if satisfied that there are sufficient grounds for so ordering exempt any person from the operation of this rule.

RULE 8 INRLIGIBILITY OF ALIENS

-No person who is not a citizen of India shall, except with the consent of the Central Government is signified in writing, be appointed, or employed in the Security Guard : Provided that nothing contained in this rule shall bar the appointment or employment of a subject of Nepal or Bhutan in the Security Gaurd.

RULE 9 APPOINTMENT OF OFFICERS

The Central Government may appoint- such persons as it considers to be suitable as officers in the Security Guard in the following manner and their conditions of service shall be such as may be provided in the rules made in this behalf by the Central Govern- ment :

(a) by direct recruitment :

(b) by deputation from the All India Services, Defence Forces, Armed Forces of the Union, any other Department of the Central Government or of the State Government or Autono- mous bodies;

(c) by promotion as may be prescribed from time to time.

RULE 10 PROBATION

(1) An officer appointed through direct recruitment to the Security Guard shall be on probation for a period of two years and the Central Government may, for reasons to be recorded in writing, extend the period of probation for such further period or periods not exceeding one year.

(2) The Central Government may, during the period of probation, terminate the services of an officer without assigning any reasons.

RULE 11 APPOINTMENT OF ASSISTANT COMMANDERS. RANGERS AND COMBATISED TRADESMEN

(1) Appointment to the persons of Assistant Commanders Grade I may be made by the Inspector-General, Assistant Commanders, Grades II and III by the Deputy Inspector-General and the Rangers and Combatised Tradesmen by the Group Commander or any other officer of Security Guard who may be appointed as recruiting officer by the Director -General, respectively in the following manner and their conditions of service shall be such as may be prescribed-

(a) by direct recruitment ;

(b) by duputation from the Defence Forces or any of the Armed Forces of the Union, any other Department of the Central Government or of the State Government or Autonomous bodies;

(c) by promotion as may be prescribed from time to time.

(2) A person appointed through direct recruitment as Assistant Commander, Ranger or a Combatised Tradesmen shall be on probation for a period of two years. The authority prescribed in sub-rule (1) may during the period of probation, terminate his services without assigning any reasons.

RULE 12 PROCEDURE FOR APPOINTMENT, MODE OF APPOINTMENT OF RANGERS AND COMBATISED TRADESMEN

(1) Upon the appearance before the recruiting officer of any person for appointment as a ranger or combatised Tradesmen the Security Guard, the recruitment officer shall read and explain to him, or cause to be read and explained to him in his presence, the conditions of service of the post to which he is to be appointed ; and shall be put to him the question contained in the form of appointment as may be prescribed by the Director-General and shall, after having cautioned him that if he makes a false answer to any such question he shall be liable to punishment under the Act, record or cause to be recorded his answer to each such question.

(2) If, after complying with the provisions of the sub-rule (1) and such other directions as may be issued in this behalf by the Director-General from time to time, the recruiting officer is satisfied that the person desirous of being appointed, fully understands the questions put to him and consent to the conditions of service, and if the said officer is satisfied that there is no impediment, be shall sign and shall also cause such person to sign the appointment paper, and such person shall thereupon be deemed to be appointed.

(3)

(a) Every person appointed as a member of the Security Guard under sub-rule

(2) shall be administered an oath or affirmation, as may be prescribed by the Director-General.

(b) The oath or affirmation shall as far as possible be administered by the Commander of the person to be attested or in the unavoidable absence of the

Commander by the person authorised in writing by the Commander in this behalf.

(c) The oath or affirmation shall be administered when then person to be attested has completed his training.

RULE 13 CONSTITUTION AND CONTROL OF THE SECURNITY GUARD

(1) In exercising command and supervision of the Security Guard, the Director-General shall be assisted by the Additional Director-General, Inspectors-General, Deputy Inspector-General, Group Commanders and other officers.

(2) The responsibility for the command, discipline, morale and administration shall,-

(a) in the case of Additional Director-General, extend to all groups, units,

headquarters, establishments and Security Guard personnel placed under him and within the area that may be assigned to him;

(b) in the case of Inspector-General, extend to all groups, units; headquarters,

establishments and Security Guard personnel placed under him and within the area that may be assigned to him;

(c) in the case of Deputy Inspector-General, extend to all the groups, other personnel and units placed under him and within the area that may be assigned to him ; and

(d) in the case of a Commander, extend to the group or unit placed under him and within the area assigned to him.

(3) The command, discipline, administration and training of groups, units and establishments not placed under a Deputy Inspector-General or an Inspector-General shall be carried out by such officers and in such manner as may from time to time be laid down by the Director-General.

(4) Any member of the Security Guard shall be liable to perform any duties in connection with the operations against terrorists, the administration, discipline and welfare of the Security Guard and such other duties as he may be called upon to perform in accordance with any law for the time being in force and any order given in this behalf by a superior officer shall be a lawful command for the purposes of the Act.

RULE 14 COMMAND

(1) An officer appointed to command shall have the power of command over all officers and men, irrespective of seniority, placed under his command.

(2)

(a) In the contingency of an officer being unable to exercise the command, to which he has been appointed, due to any reason, the command shall devolve on the second-in-command, if one has been so appointed.

(b) If no second-in-command has been appointed, it shall devolve on the officer who may be appointed to officiate by the immediate superior of the officer unable to exercise command.

(c) If no such officer has been so appointed, command shall devolve on the senior most officer present.

(d) The inability of an officer to exercise command and its assumption by any other officer in accordance with this sub-rule shall be immediately reported to the next higher authority by the officer who has assumed such command.

(3) If persons belonging to different units are working together-

(i) in regard to the specific task on which they are en gaged, the officer appointed to command or in his absence the senior most officer present shall exercise command over all such persons ;

(ii) in all other matters the senior officer belonging to each unit shall exercise command over persons belonging to his unit.

(4) Disciplinary powers, over a person subject to the Act shall be exercised by the Commander of the unit to which such a person belongs or the officer on whom command has devolved in accordance with subrule (2).

(5) Where such a person is doing detachment duty, including attendance at a course of instruction, the Commander of the unit, centre or establishment with which he is doing such duty shall also have all the disciplinary powers of a Commander.

(6) The Director-General, the Inspector-General and the Deputy Inspector-General may specify one or more officers of the staff who shall exercise the disciplinary powers of a Commander in respect of persons belonging to or doing detachment duty at their respective Headquarters.

(7) The Director-General may also specify Officers who shall exercise the disciplinary powers of an Inspector-General and Deputy Inspector-General respectively in respect of persons belonging to or doing detachment duty at his Headquarters.

(8) An Inspector-General may specify an officer who shall exercise the disciplinary powers of a Deputy Inspector-General in respect of persons belonging to or doing detachment duty at his Headquarters. Explanation.-In sub-rules (1) and (3) the word "officer" shall include Assistant Commanders and Rangers Grade I.

RULE 15 TERMINATION OF SERVICE OF OFFICERS BY THE CENTRAL GOVERNMENT ON ACCOUNT OF MISCONDUCT

(1) When it is proposed to terminate the service of an officer under section 9-on account of misconduct, be shall be given an opportunity to show cause in the manner specified in sub-rule (2) against such action: Provided that this sub-rule shall not apply-

(a) where the service is terminated on the ground of conduct which has led to his conviction by a criminal court or a Security Guard Court; or

(b) where the Central Government is satisfied that for reasons, to be recorded in writing, it is not expedient or reasonable practicable to give to the officer an opportunity of showing cause.

(2) When after considering the reports on an Officer's misconduct, the Central Government or the Director-General is satisfied that the trial of the Officer by a Security Guard Court is inexpedient or impracticable, but is of the opinion, that the further retention of the said Officer in the service is undesirable, the Director-General shall so inform the officer together with particulars of allegations and report of investigation (including the statement of witnesses, if any, recorded and copies of documents, if any, intended to be used against him) in cases where allegations have been investigated and he shall be called upon to submit, in writing, his explanation and defence : Provided that the Director-General may withhold disclosure of such report or portion thereof if, in his opinion, its disclosure is not in the interest of the Security of the State.

(3) In the event of the explanation of the Officer being considered un- satisfactory by the Director-General or when so directed by the Central Government, the case shall be submitted to the Central Government with the Officer's defence and the recommendation of the Director-General as to the termination of the officer's service in the manner specified in subrule (4).

(4) When submitting a case to the Central Government under the provisions of sub-rule (2) or sub-rule (3), the Director-General shall make his recommendation whether the officer's service should be terminated, and if so, whether the officer should be-

(a) dismissed from the service ; or (b) removed from the service ; or (c) retired from the service ; or (d) called upon to resign.

(5) The Central Government after considering the reports and the officer's defence, if any. or the judgement of the criminal court, as the case may be, and the recommendation of the Director-General may remove or dismiss the officer with or without pension or retire or get his resignation from service, and on his refusing to do so, the officer may be compulsorily retired or removed' from the service with pension or gratuity, if any, admis- sible to him.

RULE 16 TERMINATION OF SERVICE OF OFFICERS BY THE CENTRAL GOVERNMENT ON GROUNDS OTHER THAN MISCONDUCT

(1) When the Director-General is satisfied that an officer is unsuitable to be retained in service, the officer-

(a) shall be so informed :

(b) shall be furnished with the particulars of all matters adverse to him; and

(c) shall be called upon to urge any reason he may wish to put for- ward in favour of his retention in the service :

Provided that clauses (a); (b) and (c) shall not apply, if the Central

Government is satisfied that for reasons, to be recorded by it in writing, it is not expedient or reasonably practicable to comply with the provisions thereof: Provided further that the Director-General may not furnish to the officer any matter adverse to him, if in his opinion, it is not in the interest of the security of the State to do so.

(2) In the event of the explanation being considered by the Director-General unsatisfactory, the matter shall be submitted to the Central Govern- ment for orders, together with the officer's explanation and the recommenda- tion of the Director-General.

(3) The Central Government after considering the reports, the explanation, if any, of the officer and the recommendation of the Director-General, may call upon the officer to retire or resign and on his refusing to do so, the officer may be compulsorily retired from the service with pension or gratuity, if any, admissible to him.

RULE 17 DISMISSAL OR REMOVAL OF PERSONS OTHER THAN OFFICERS ON ACCOUNT OF MISCONDUCT

(1) When it is proposed to terminate the service of a person subject to the Act other than an officer, he shall be given an opportunity by the authority competent to dismiss or remove him to show cause in the manner specified in sub-rule (2) against such action : Provided that this sub-rule shall not apply

(a) where the service is terminated on the ground of conduct which has led to his conviction by a criminal court or a Security Guard Court; or

(b) where the competent authority is satisfied that, for reasons to be recorded

in writing it is not expedient or reasonably practicable to give the person concerned an opportunity of showing cause.

(2) When after considering the reports on the misconduct of the person concerned, the competent authority is satisfied that the trial of such a person is inexpedient or impracticable; but is of the opinion, that his further retention in the service is undesirable, it shall so inform him together with all reports adverse to him and he shall be called upon to submit, in writing, in his explanation and defence : Provided that the competent authority may withhold from disclosure any such report or portion thereof, if. in his opinion, its disclosure is not in the public interest.

(3) The competent authority after considering his explanation and defence, if any, or the judgement of the criminal court, as the case may be, may dismiss or remove him from the service with or without pension.

(4) All cases of dismissal or removal under this Rule, shall be reported to the Director-General.

RULE 18 RETIREMENT OF OFFICERS ON GROUNDS OF PHYSICAL UNFITNESS

(1) Where an officer not below the rank of a Deputy Inspector-General considers that an officer of the Security Guard is unfit to perform his duties because of his physical condition, the officer shall be brought before a medical board.

(2) The medical board shall consist of such officers and shall be constituted in such manner as may, from time to time, be laid down by the Director-General.

(3) Where the medical board considers the officer to be unfit for service, the Central Government shall, if it agrees with the finding of the Medical Board, communicate to the said officer the findings of the medical board and thereupon, within a period of fifteen days of such communication, the officer may make a representation against it to the Central Government.

(4) The Central Government may, on receiving the representation from the officer, refer the case to be reviewed by a fresh medical board constituted for the purpose and order the retirement of the said officer if the decision of the fresh medical board is adverse to him.

RULE 19 RETIREMENT OF ASSISTANT COMMANDERS ON GROUNDS OF UNSUITABILITY

Where a Commander not below the rank of Group Commander is .satisfied that an Assistant Commander is unsuitable to be retained in the Security Guard, he may recommend to the competent authority for the retirement of such an Assistant Commander. Thereupon, the Inspector-General, in the case of Assistant Commander Grade I and the Deputy Inspector-General in the case of Assistant Com- mander Grade II and Grade III may, after giving such an Assistant Com- mander, an opportunity of showing cause (except when he considers it to be impracticable to give such opportunity), retire the said Assistant Commander from the Security Guard.

RULE 20 RETIREMENT OF RANGERS AND COMBATISED TRADESMEN ON GROUNDS OF UNSUITABILITY

-Wher a Commander not below the rank of Group Commander is satisfied that a Ranger or a Combatised Tradesman is unsuitable to be retained in the Security Guard, the Commander may, after giving such Ranger or a Combatised Tradesman an opportunity of showing cause (except where he considers it to be impracticable to give such opportunity), retire the said Ranger or a Combatised Tradesman from the Security Guard.

RULE 21 RETIREMENT OF ASSISTANT COMMANDERS, RANGERS AND COMBATISED TRADESMEN ON GROUNDS OF PHYSICAL UNFITNESS

(1) Where a Commander not below the rank of Group Commander is satisfied that an Assistant Comman - der, a Ranger or a Combatised Tradesman is unable to perform his duties by reason of any physical disability, he may direct that the said Assistant Commander, the Ranger or the Combatised Tradesman, as the case may be, be brought before a Medical Board.

(2) The Medical Board shall be constituted in such manner as may be determined by the Director-General.

(3) Where the said Assistant Commander, Ranger or Combatised Tradesman is found by the Medical Board to be unfit for further service in the Security Guard, the Commander shall forward the proceedings of the Medical Board to the Inspector-General in the case of Assistant Commander Grade I and the Deputy Inspector-General in the case of Assistant Com- mander Grade II and Grade III. The Inspector-General or the Deputy Inspector-General, or as the case may be, the Commander in the case of Ranger or Combatised Tradesman, shall if he agrees with the finding of the Medical Board, inform the person concerned about it, to enable him to represent against the decision of the Medical Board within a period of fifteen days from the date of receipt of such communication.

(4) Where the person declared to be unfit for further service makes a representation under sub-rule (3), the same shall be forwarded to the next superior officer, who shall have the case referred to be reviewed by a fresh medical board, which will be constituted in such manner as may be deter- mined by the Director-General. The superior officer may, having regard to the finding of the fresh medical board, pass such order as he may deem fit.

(5) Where no representation is made against the decision of the medical board under sub-rule (3), the Inspector-General or the Deputy Inspector -General or as the case may be, the Commander, may (if he agrees with the finding of the Medical Board), order the retirement of the Assistant Com- mander Grade I or the Assistant Commander Grades II and III, or as the case may be, the Ranger of Combatised Tradesman, respectively.

RULE 22 RESIGNATION

(1) The Central Government may, having regard to the special circumstances of any case, permit any officer of the Security Guard to resign from the Security Guard before the attainment of the age of the retirement or before putting in such number of years of service as may be necessary under the rules to be eligible for retirement : Provided that while granting such permission the Central Government may -

(i) require the officer to refund to the Government such amount as would constitute the cost of training given to that officer : or

(ii) in case the officer is eligible for pensionary benefits under the pension rules, order such reduction in the pension or other pensionary benefits of the officer as the Government may consider to be just and proper in the circumstances.

(2) The Central Government may accept the resignation under sub- rule (1) with effect from such date as it may consider expedient : Provided that it shall not be later than three months from the date of receipt of such resignation.

(3) The Central Government may refuse to permit an officer to resign-

(a) if an emergency has been declared in the country either due to internal disturbances or external aggression ; or

(b) if it considers it to be inexpedient so to do in the interest of the discipline of the Security Guard ; or

(c) if the officer has specifically undertaken to serve for a specified period and such period has not expired.

(4) The provisions of this rule shall apply to and in relation to Assistant Commanders. Rangers and Combatised Tradesmen as they apply to and in relation to any officer of the Security Guard and the powers vested in he Central Government under sub-rules (1) and (2) shall beexercised in the case of an Assistant Commander Grade I, by an Inspector-General, in the case of Assistant Commanders Grades II and III by a Deputy Inspector- General and in the case of Ranger Grade I, Ranger or Combatised Trades- man, by a Group Commander.

RULE 23 POWERS TO BE EXERCISED BY A SUPERIOR OFFICER OR AUTHORITY

-Any power conferred by the provisions of this Chapter on an officer may also be exercised by an officer or authority superior in command to the first mention- ed officer.

RULE 24 APPEAL AGAINST ORDERS OF DISMISSAL, REMOVAL OR RETIREMENT

1) A person subject to the Act other than an officer who has been dismissed, removed or prematurely retired from service, shall have the right to put in an appeal against the termination of his service to any of the authority, higher than the one who has passed the termination order within ninety days of the termination of service.

(2) In case of officers, appeal shall lie to the Central Government and such appeal shall befiled within ninety days of the termination of service.

(3) Where the appellate authority sets aside the order of dismissal, removal or retirement under this rule, such authority shall pass such orders as may be necessary in respect of the period of absence from duty of the person whose dismissal, removal or retirement has been set aside.

RULE 25 DATE OF DISMISSAL, REMOVAL, DISCHARGE, RETIREMENT

(1) The effective date of dismissal, removal, resignation or retirement shall be-

(a) the date mentioned in the order of dismissal or removal or discharge or order sanctioning of accepting resignation or retirement; or

(b) if no such date is mentioned, the date on which the order was signed or the date on which the person concerned is relieved from duties, whichever is later.

(2) The dismissal, removal, discharge, resignation or retirement of a person subject to the Act shall not be restrospective.

RULE 26 FORMS OF ARREST

(1) Arrest may be either open or close arrest.

(2) An arrest, unless otherwise specified, shall mean an open arrest.

(3) An order imposing arrest may be communicated to the person to be arrested either orally or in writing.

RULE 27 AUTHORITY TO ORDER ARREST

(1) No person subject to this Act shall be arrested on a charge under the Act except under and in accordance with the orders of a superior officer having power of command over him.

(2) Notwithstanding anything contained in sub-rule (1) any person subject to the Act may be placed under arrest by any superior officer-

(a) if he commits an offence against such superior officer, or

(b) if he commits an offence in the view of such superior officer, or

(c) if he is behaving in a disorderly manner and the said superior officer considers it necessary to place such a person under arrest with a view to stop such disorderly behaviour.

(3) A superior officer effecting arrest under sub-rule (2) shall, as soon as possible, and in any case within twenty four hours of such arrest send a report to the Commander of the group 'or unit of which the person arrested is a member and in case of the arrest of an officer of and above the rank of Group Commander to his immediate superior officer.

RULE 28 ARREST HOW IMPOSED

(A) Close arrest.-

(1)

(a) Close arrest, in the case of a Ranger Grade II and a combatised tradesman, shall be imposed by informing the person to be arrested and ordering him to be marched to the place of confinement under an escort of persons of similar or superior rank.

(b) Where no such escort is available the person arrested shall be ordered to report himself immediately to the quarter guard or other place of confinement.

(2) (a) Close arrest in the case of officers. Assistant Commanders and Rangers Grade I shall be imposed by placing such officer. Assistant Com- mander, Ranger Grade I under the custody of another person of similar or superior rank and wherever considered necessary such officer. Assistant Commander or Ranger Grade I may be confined under charge of a guard.

(b) The person under arrest shall not leave the place of his confine- ment without permission of a superior officer designated by the Commander in this behalf.

(B) Open Arrest.-

(3)

(a) Open arrest shall be imposed.by informing the person to be arrested that he is

under open arrest and that he shall confine himself within such limits as may be specified in this behalf by the concerned superior officer effecting such arrest.

(b) The Commander may, from time to time, vary the limits referred to in clause (a) above.

RULE 29 RELEASE FROM ARREST DURING INVESTIGATION

(1) Any person arrested underRule 27-may be released from arrest under the order of an officer: Provided that in case of a person placed under arrest by an officer such person shall be released from arrest under the order of an officer superior to the officer ordering arrest.

(2) Subject to the provisions ofRule 30-, no person except on the basis of any fresh evidence against him be re-arrested.

RULE 30 RELEASE WITHOUT PREJUDICE TO RE-ARREST

-Pending the completion of the investigation or convening of a court, any person, who has been placed under arrest, may without prejudice to re-arrest be released by his Commander or by any officer superior to his such Commander.

RULE 31 ARREST WHEN TO BE IMPOSED

(1) Any person charged with-

(i) an offence under section 15-or clause (a) or clause (b) of section 16-orSection 17-orSection 20-or sub-section (1) of section 21-.

(ii) a civil offence punishable with death or imprisonment for life ; (iii) any other offence under the Act-

(a) if the interest of discipline so require, or (b) if the person concerned deliberately undermines discipline, or (c) if the person concerned is of violent disposition, or

(d) if the person concerned is likely to absent himself with a view to avoid trial, or

(e) if the person concerned is likely to interfere with witnesses or tamper with evidence,

shall be placed under arrest.

(2) Where any person arrested shows symptoms of sickness, medical assistance shall be provided for such persons.

RULE 32 SPECIAL PROVISION IN CASE OF ARREST OF A DRUNKEN PERSON

(1) Where a drunken person has been arrested, he shall, as far as possible, be confined separately and shall be visited by duty officer, duty Assistant Commander or duty Ranger incharge of the guard, once every two hours.

(2) A drunken person shall not be taken before a superior officer for investigation of his case until be has become sober.

RULE 33 ARREST IN CASE OF PERSONS WHOSE TRIAL HAS BEEN ORDERED

(1) Unless the convening officer has otherwise directed on the commencement of the trial of a person by the court, the said person shall be placed under arrest by his Commander and shall remain under arrest during the trial.

(2) Where a sentence lower than that of imprisonment is passed by a court, the arrested person may be released by his Commander pending confirmation of the finding and sentence : Provided that the convening authority may rescind, vary or modify the order passed by a Commander under sub-rule (1) or sub-rule (2) and where no such order is passed by a Commander, the convening authority may pass such order as it may deem proper : Provided further that a person who has been sentenced to be dismissed shall not, except while on active duty, be put on any duty.

RULE 34 DELAY REPORT

(1)

(a) The report on reason for delay as re- quired under section 57-shall be in the

Form set out in Appendix I and it shall be sent by the Commander to the Deputy Inspector-General under whom the accused may be serving.

(b) A copy of the eighth delay report and every succeeding report thereof shall also be sent to the Inspector-General under whom the accused may be serving.

(2) Where the accused is kept under arrest for a period exceeding three months without being brought to trial, a special report regarding the action taken and the reasons for the delay shall be sent by the Commander to the Director-General with a copy each to the Deputy Inspector-General and the Inspector-General concerned.

RULE 35 RIGHTS OF A PERSON UNDER ARREST

(1)

(a) Any person placed under arrest shall, at the time of being placed under

arrest, be given in writing by the officer effecting the arrest of the particulars of the charges against him.

(b) Notwithstanding anything contained in clause (a) where during the investigation other offences committed by the accused are discovered, it shall be lawful to charge such person with those offences.

(2)

(a) The duty officer or duty Assistant Commander shall every day make a visit to the person under arrest and take the orders of the Com- mander on any request or representation made by the person under arrest.

(b) The request or representation made by the person under arrest shall be entered in the form set out in Appendix II.

RULE 36 TRIAL OF CASES EITHER BY SECURITY GUARD COURT OR CRIMINAL COURT

(1) Where an offence is triable both by a criminal court and a Security Guard Court, an officer referred to inSection 77-may,-

(i)

(a) Where the offence is committed by the accused in the course of the performance of his duty as a member of the Secu- rity Guard, or

(b) where the offence is committed in relation to property belonging to the Government or the Security Guard or a person subject to the Act, or

(c) where the offence is committed against a person subject to the Act, direct that any person subject to the Act, who is alleged to have committed such an offence, be tried by a Security Guard Court ; and

(ii) in any other case, decide whether or not it would be necessary in the interest of discipline to claim for trial by a court any person subject to the Act who is alleged to have committed such an offence.

(2) In taking a decision to claim an offender for trial by a Security Guard Court, an officer referred to inSection 77-may take into account all or any of the following factors, namely :

(a) the offender is on active duty or has been warned for active duty and it is felt that he is trying to avoid such duty ;

(b) the offender is a young person undergoing training and the offence is not a serious one and the trial of the offender by a criminal court would materially affect his training.

(c) the offender can, in view of the nature of the case, be dealt with summarily under the Act.

RULE 37 CASES WHICH MAY NOT BE TRIED BY SECURITY GUARD COURT

-Without prejudice to the provisions of sub-rule (1) ofRule 36-, an offender may not normally, be claimed for trial by a Security Guard Court-

(a) where the offence is committed by him alongwith any other person not subject to the Act whose identity is known ; or

(b) where the offence is committed by him while on leave or during absence without leave.

RULE 38 STATEMENT OF ALLEGATIONS

-Where it it alleged that a person subject to the Act has committed an offence punishable thereunder, the allegation shall be reduced to writing in the form set out in Appendix III in the case of persons of and below the rank of Ranger Grade I and in the form set out in Appendix IV in the case of Officers and Assistant Commanders.

RULE 39 HEARING BY THE TEAM COMMANDERS AND SQUADRON COMMANDER

(1)

(a) In the case of a person, subject to the Act, other than an Officer and an Assistant Commander, the case may, in the first instance, be heard by his Team Commander or by his Squadron Commander.

(b) The witness shall be heard in the presence of the accused who shall have the right to cross-examine them.

(c) The accused shall have the right to call witnesses in defence and to make a statement.

(2) After bearing the accused under sub-rule (1), the Team Com- mander or the Squadron Commander, as the case may be, may award any punishment which he is empowered to award, or dismiss the charge when the charge is not proved, or refer the case for disposal by the Commander : Provided that he shall not dispose of the case which has been reserved by the Commander for disposal by himself or if the accused is under close arrest.

RULE 40 HEARING BY THE COMMANDER

(1) The Commander of and above the rank of Group Commander may hear the charge against all ranks in accordance with the provisions of subrule (1) ofRule 39-and may-

(i) award any punishment which he is empowered to award in respect of persons of and below the rank of a Ranger Grade I, or

(ii) dismiss the charge, or

(iii) remand the case for preparing a record of evidence or an abstract of evidence against the accused, or

(iv) in the case of an accused of and below the rank of Ranger Grade I, remand the accused for trial by Summary Security Guard Court:

Provided that,-

(a) in the case of an Officer, the evidence of witnesses shall be reduced to writing if he so demands ;

(b) the Commander shall dismiss the charge, if in his opinion, the charge's not proved or may dismiss it if he considers that be- cause of the previous character of the accused and the nature of the charge against him, it is not

advisable to proceed further with it. In case of an Officer, he shall record reasons for dis- missing the charge;

(c) where a case in respect of an Officer has been referred to the Commander by a superior authority for initiation of disciplinary action, the Commander shall not dismiss the charge without reference to such authority;

(d) in case of all offences punishable with death, a record of evidence shall be prepared.

(2) Where the Commander is of the opinion that the charge against an officer or an Assistant Commander is of a serious nature, he may, without hearing the charge in accordance with the provisions of sub-rule (1), straightaway order a record of evidence of an ' abstract of evidence to be prepared in the case.

(3) Where the Commander is of the opinion that the charge against an Officer or an Assistant Commander does not deserve to be dismissed, and the charge is also not so serious as may warrant trial by a Security Guard Court, he may, in the case of an Assistant Commander, either dispose of the case himself or refer it to the appropriate authority for disposal under the provisions of section 54-. In the case of an Officer, he may refer the case to the appropriate authority for summary disposal under the provisions of section 53-.

(4) Where disciplinary action is intended to be taken against an Officer in command of a Group, or a Unit, or a Headquarters, such Officer shall be removed from the command of the Group, the Unit, or the Headquarters, as the case may be, and for the purpose, shall be attached to or posted to a Group Unit, or a Headquarters under the Command of an Officer senior to the Officer to be so attached or posted.

RULE 41 PROCEDURE FOR SUMMARY DISPOSAL OF CHARGES AGAINST OFFICERS

(1) Where an Officer is remanded for the summary disposal of a charge against him, he shall be provided substance of evidence available against him or a copy of the record or abstract of evidence, if prepared, along with ; a copy of the charge-sheet as soon as practicable and in any case not less than 24 hours before the commencement of the proceedings.

(2) The Officer dealing with the case under section 53-shall, unless the accused has consented in writing to dispense with the attendance of witnesses, hear the evidence in the presence of the accused who shall have the right to cross-examine witnesses. The accused shall have the right to call any witness and make a statement in his defence.

(3) Proceedings shall be recorded as far as practicable in accordance with the form in Appendix XIV, and in every case in which the punishment is awarded, the proceedings along with substance of evidence or record or abstract of evidence, as the case may be, shall be forwarded to the next higher authority through the Judge Attorney -General or any Officer autho- rised by him who may if the punishment awarded appears to him to be illegal unjust or excessive, vary or remit the punishment or set aside the proceedings, or make such other directions as may be appropriate in the circumstances of the case.

(4) An Officer who considers himself aggrieved by any decision given under this rule, may submit one petition through his Commander, with one month of the disposal of the case to the Director-General who may pass such order or direction as may be appropriate in the circumstances of the case.

RULE 42 SUMMARY DISPOSAL OF CHARGES AGAINST ASSISTANT COMMANDERS

(1) Where an Assistant Commander is charged with an offence under the Act, he shall be dealt with by the authority empowered under section 54-in the same manner as nearly as circumstances admit, as provided inrule 41-.

(2) Proceedings shall be recorded as soon as practicable in accordance with the form in Appendix XIV, and in every case in which the punishment is awarded, the proceedings alongwith substance of evidence or record or abstract of evidence, as the case may be, shall be forwarded to the next higher authority through the Judge Attorney-General or any officer autho- rised by him who may, if the punishment awarded appears to him to be illegal, unjust or excessive, vary or remit the punishment or set-aside the proceedings, or make such other directions as may be appropriate in the circumstances of the case.

(3) An Assistant Commander who considers himself aggrieved by any decision given under this rule may submit one petition through his Commander within one month of the disposal of the case, to the authority supe- rior to the one who awarded the punishment, and such authority may pass such order or direction as may be appropriate in the circumstances of the case.

RULE 43 ATTACHMENT TO ANOTHER UNIT

- The Commander shall not deal with any case-

(i) where the offence with which the accused is charged is against the Commander himself, or

(ii) where the Commander is himself a witness in the case against the accused, or

(iii) where the Commander is otherwise personally interested in the case, the accused shall be attached to another Group or Unit or a headquarter for disposal of the case under the order of the competent authority: Provided that a Commander shall not be disqualified from hearing a charge merely because the offence was committed against the property of a Security Guard Mess, band or institution of which the Commander is a member or trustee or because the offence is one of disobedience of such Commander's orders.

RULE 44 CHARGES NOT TO BE DEALT WITH SUMMARILY

-A charge for an offence underSection 15-or clauses (a) and (b) ofSection 16-orSection 17-or clause (a) ofSection 18-or clause (a) ofSection 20-or clause (a) ofSection 23-orSection 45-(other than that for simple hurt or theft) or a charge for abetment of or an attempt to commit any of these offences, shall not be dealt with summarily.

RULE 45 RECORD OF EVIDENCE

(1) The Commander may either prepare the record of evidence himself or detain another officer to do so.

(2) The witnesses shall give their evidence in the presence of the accused and the accused shall have right to cross-examine all witnesses who give evidence against him.

(3) After all the witnesses against the accused have been examined, he shall be cautioned in the following terms ; "You may make a statement if you wish to do so you are not bound to make one and whatever you state shall be taken down in writing and may be used in evidence". After having been cautioned in the aforesaid manner whatever the accused states shall be taken down in writing.

(4) The accused may call witnesses in defence and the officer recording the evidence may ask any question that may benecessary to clarify the evidence given by such witnesses.

(5) All witnesses shall give evidence on oath or affirmation : Provided that, no oath or affirmation shall be given to the accused nor shall he be cross-examined.

(6)

(a) The statements given by witnesses shall ordinarily be recorded in narrative

form and the officer recording the evidence may, at the request of the accused,

permit any portion of the evidence to be recorded in the form of question and answer.

(b) The witnesses shall sign their statements after the same have been read over and explained to them.

(7) The provisions of section 86-shall apply for procuring the atten- dance of witnesses before the officer preparing the record of evidence. Witnesses shall be summoned as per specimen given in Appendix XV.

(8) Where a witnessess cannot be compelled to attend or is not available or his attendance cannot be procured without an undue wastage of time or expenditure of money and after the officer recording the evidence has given a certificate in this behalf, a written statement signed by such witness may be read to the accused and included in the record of evidence.

(9) After the recording of evidence is completed, the officer recording the evidence shall give a certificate in the following form : "Certified that the record

of
evidence
ordered
by........................... Commander.................................was made in the presence and hearing of the accused and the provisions ofRule 45-have been complied with."

(10) No counsel or legal practitioner shall be permitted to appear before the Officer making the record of evidence.

RULE 46 ABSTRACT OF EVIDENCE

(1) An abstract of evidence shall be prepar- ed either by the Commander or an officer detailed by him.

(2)

(a) The abstract of evidence, shall include,

(i) signed statements of witnesses wherever available or a precise thereof, and

(ii) copies of all documents intended to be produced at the trial.

(b) Where signed statements of any witnesses are not available, a precise of the evidence that the witnesses are likely to give shall be included.

(3) A copy of the abstract of evidence shall be given by the officer making the same to the accused and the accused shall be given an oppor- tunity to make a statement if he so desires after he has been cautioned in the manner laid down in sub-rule (3) ofRule 45-: Provided that the accused shall be given such time as may be reasonable in the circumstances but in no case less than twenty-four hours after receiving the abstract of evidence to make his statement.

RULE 47 INVESTIGATION OF CASES BY POLICE

-Where the Commander considers it necessary so to do, be may lodge a report with the Police for investigation of any case.

RULE 48 DISPOSAL OF CASE BY COMMANDER AFTER RECORD OR ABSTRACT OF EVIDENCE

(1) Where an officer has been detailed to prepare the record of evidence or to make an abstract thereof he shall forward the same to the Commander.

(2) The Commander may, after going through the record or abstract of evidence prepared by him or by another officer,-

(i) remand the case for recording additional evidence, if required, or

(ii) dismiss the charge provided that where disciplinary action has been initiated against an officer on a reference from a superior authority, the charge shall not be dismissed without reference to such an authority, or

(iii) rehear the charge and award one of the summary punishments, or

(iv) try the accused summarily under section 51-or by a Summary Security Guard Court where he is empowered so to do. or

(v) remand the case for summary disposal by the competent authority in the case of an Officer or an Assistant Commander, or

(vi) apply to a competent officer or authority to convene a court for the trial of the accused.

RULE 49 APPLICATION FOR A COURT

-An application for a court shall, as far as possible, be made by the Commander in the form set out in Appendix V and shall be accompanied by five copies of the record or abstract of evidence and charge-sheet and such other documents as are mentioned in that application form.

RULE 50 CHARGE-SHEET

(1) A charge sheet shall contain the whole of the issue or issues to be tried at one time and may contain more than one charge, if the charges are founded on the same facts or form part of a series of offences of same or similar character : Provided that a charge under sections 18-,19-,28-and31-may be included in any charge sheet, notwithstanding that other charges in that charge sheet are not founded on the same facts or do not form part of a series of offences of the same or similar character.

(2) Every charge sheet shall, as far as possible, be prepared as per the specimen set out in Appendix IV.

RULE 51 CHARGES

(1) There shall be a separate charge for each offence.

(2)

(a) If a single act or series of acts is of such a nature that it is doubtful which of several offences the facts which can be proved will cons- titute, the accused may be charged with having committed all or any of such offences, and any number of such charges may be tried at once or he may be charged in the alternative with having committed some one of the said offences.

(b) The charge for the more serious offence shall precede the one for the less serious offence.

(3) Each charge shall consist of two parts, namely,-

(a) statement of the offence, and

(b) particulars of the offence.

(4) The offence shall be stated, if not a civil offence, as nearly as practicable, in the words of the Act, and if a civil offence, in such words as would sufficiently describe that offence.

(5)

(a) The particulars shall state the time and place of the alleged offence and the

person (if any) against whom, or the thing (if any) in respect of which it was

committed and these should be sufficient to give the accused notice of the matter with which he is so charged.

(b) In case such particulars are not sufficient to give the accused notice of the matter with which he is charged, the charge shall also contain such particulars of the manner in which the offence was committed as will be sufficient for that purpose.

RULE 52 JOINT CHARGES

(1) Any member of accused may be charged jointly and tried together for an offence averred to have been committed jointly by them.

(2) Any number of accused though not charged jointly may also be tried together for an offence averred to have been committed by one or more of them and abetted by other or others.

(3) Where the accused are so charged under sub-rule (1) or sub-rule (2), any one or more of them may be charged with, and tried for, any other offence with which they could have been charged under sub-rule (1) ofrule 50-.

RULE 53 VALIDITY OF CHARGE SHEET

-A charge sheet shall not be invalid merely by reasons of the fact that, it contains any mistake in the name or description of the accused, and in the construction of a charge sheet there shall he presumed in favour of supporting it every proposition which may reasonably be presumed to be impliedly included, though not expressed therein, and the statement of the offence and the particulars of the offence shall be read and construed together.

RULE 54 AMENDMENT OF THE CHARGE BY THE SECURITY GUARD COURT

(1) At any time during a trial, if it appears to the court that there is in the charge sheet,-

(a) a mistake in the name or description of the accused, or

(b) a mistake which is attributable to a clerical error or omission,

the Court may amend the charge sheet so as to correct the mistake.

(2) If at any time during a trial, at which there is a Judge Attorney, it appears to the Court, before it closes to deliberate on its findings, that it is desirable in the interest of justice to make any addition to, omission from or alteration in, a charge which cannot be made under sub-rule (1), it may, if such addition, omission, or alteration can be made without unfairness to the accused, and with the concurrence of the Judge Attorney, so amend the charge.

(3) If at any time during a trial, at which there is no Judge Attorney, it appears to the Court, before it closes to deliberate on its findings, that in the interest of justice, it is desirable to make any addition to, omission from or alteration in a charge, which cannot be made under sub-rule (1), it may adjourn and report its opinion to the convening officer, who may-

(a) amend the charge if permissible underrule 55-and direct the court to try it as amended after due notice of the amendment has been given to the accused ; or

(b) direct the court to proceed with the trial of the charge without amending it; or

(c) convene a fresh Court to try the accused.

RULE 55 AMENDMENT OF CHARGE BY CONVENING OFFICER

-When a Security Guard Court reports to the convening officer under eitherrule 54-orrule 70-he may amend the charge in respect of which the court has reported to him, by making -any addition to, omission from or alteration in the charge which, in his opinion, is desirable in the interest of justice and which he is satisfied, can be made without unfairness to the accused.

RULE 56 ACTION BY A SUPERIOR AUTHORITY ON RECEIVING AN APPLICATION FOR CONVENING A COURT

(1) As soon as a superior officer receives an application for convening a court, he shall scrutinise the charge and the evidence against the accused, where necessary in consultation with the Judge Attorney- General or an officer detailed for the purpose, by the Judge Attorney-General and he-

(i) shall direct the Commander to dismiss the charge where the evidence

against the accused is insufficient and further evidence is not likely to be

available and may direct him to do so if he considers it inadvisable to proceed with the trial ; or

(ii) may return the case to the Commander for being tried by a Summary

Security Guard Court or being dealt with summarily if be considers that the same can be adequately so tried or dealt with; or

(iii) may dispose of the case administratively and if he is not compe- tent to do so, may forward the case to higher authority with his recommendations; or

(iv) may return the case for recording further evidence, if he consi- ders the

evidence recorded insufficient but considers that further evidence may be available.

(2)

(a) In any other case he may either himself convene a Court or if he considers that a higher type of court should be convened and he is not empowered to convene such a court, forward the case to a higher autho- rity with recommendation that such court may be convened.

(b) The higher authority on receiving the case may exercise any of the powers given in sub-rule (1) : Provided that a superior officer or higher authority before convening a General Security Guard Court or a Petty Security Guard Court shall take the advice of the Judge Attorney-General or an officer detailed for the pur- pose by the Judge Attorney-General : Provided further that the superior authority or higher authority while convening a court may reframe the charge sheet on which the accused is to be tried.

RULE 57 DISQUALIFICATION OF OFFICERS FOR SERVING ON GENERAL AND PETTY SECU- RITY GUARD COURTS

-An officer shall be disqualified from serving on a court, if he- (i) is an officer who convened the court ; or (ii) is the prosecutor or a witness for the prosecution ; or

(iii) has taken any part in the investigation of the case which would have necessitated applying his mind to any part of the evidence or to the facts of the case : or

(iv) is the Commander of the accused, or the Deputy Inspector- General under whose command the unit in which the accused was serving at the time the alleged offence was committed ; or

(v) has a personal interest in the case.

RULE 58 COMPOSITION OF GENERAL AND PETTY SECURITY GUARD COURTS

(1) A Court shall consist, as far as practicable, of officers of different units.

(2) The members of a court for the trial of an officer shall be of a rank not lower than the rank of that officer, unless in the opinion of the convening officer, officers of such rank are not, having due regard to the exigencies of public service, available. Such opinion shall be recorded in the convening order.

RULE 59 DUTIES OF CONVENING OFFICER WHEN CONVENING COURTS

-When an officer convenes a court he shall-

(a) issue a convening order in the appropriate form set out in Appendix VI:

(b) direct upon .what charges the accused is to be tried and ensure that the accused has been remanded for trial by a court upon these charges, by his Commander ;

(c) if he is of the opinion that charges shall be put in separate charge sheets, so direct and shall also direct the order in which they are to be tried ;

(d) direct, if there is more than one accused whether the accused are to be tried jointly or separately ;

(e) appoint members of the court and any waiting members;

(f) if convening- a General Security Guard Court or a Petty Security Guard Court which he considers should be attended by a Judge Attorney, take the necessary steps to procure the appoint- ment of a Judge Attorney by or on behalf of the Judge Attorney-General and may also appoint an officer to be under his instruction at the trial ;

(g) appoint an officer, subject to the Act or a counsel assisted by an officer to prosecute : Provided that the convening officer may appoint more than one such officer or counsel to prosecute if hs thinks fit ;

(h) appoint an interpreter wherever necessary ;

(i) send to the senior member the charge sheet, the convening order and a copy of the record or abstract of evidence from which any evidence, which in his opinion would be inadmissible as the trial has been expurgated ;

(j) forward to each member of the court and to each waiting mem- ber a copy of charge sheet and the convening order ;

(k) forward to the prosecutor copies of the charge sheet and con- vening order and the original record or abstract of evidence together with an unexpurgated copy thereof showing the passages (if any) which have been expurgated in the copy sent to the senior member;

(l) forward to the Judge Attorney (if any) copies of the charge sheet and convening order and an unexpurgated copy of the record or abstract of evidence showing the passages (if any) which have been expurgated in the copy sent to the senior member ;

(m) ensure that the Commander has summoned all the prosecution witnesses and such defence witnesses as the accused may have requested to be summoned underRule 61-.

RULE 60 PREPARATION OF DEFENCE BY THE ACCUSED

(1) An accused, who has been remanded for trial, shall be afforded proper opportunity for preparing bis defence and shall be allowed proper communication with his defending officer or counsel and with his witnesses.

(2) A defending officer, as far as possible of the choice of the accused, shall be appointed to defend an accused who has been remanded for trial unless the accused states in writing "that he does not wish such an appoint- ment to be made.

(3) If the prosecution is to be undertaken by a legally qualified officer or by a counsel the accused shall be notified of this fact in sufficient time to enable him, if he so desires to make arrangements for a legally qualified officer or counsel to defend him.

(4) As soon as practicable after a decision has been taken to place the accused on trial and in any case not less than four days before his trial he shall be given-

(a) a copy of the charge sheet ;

(b) an unexpurgated copy of the record or abstract of evidence showing the passages (if any) within which have been expurgat- ed in the copy sent to the senior member ;

(c) notice of any additional evidence which the prosecution intends to adduce; and

(d) if the accused so requires, a list of the ranks, names, and units of the members who are to form the Court and of any waiting members.

(5) When an accused is given a copy of the charge sheet and of the record or abstract of evidence in accordance with this rule, he shall-

(a) have the charge explained to him ; and

(b) be informed that, upon his making a written request to his Com- mander not less than twenty four hours before his trial requiring the attendance at his trial of a witness (other than a witness for the prosecution) whom he desires to call in his defence (such witness to be named by him), reasonable steps will be

taken in accordance with these rules to procure the attendance of any such witness at his trial.

(6) The provisions of sub-rules (2) and (3) shall not apply in relation to a trial before a Summary Security Guard Court and in relation to such a trial the period of four days referred to in sub-rule (4) shall be construed as twenty four hours.

RULE 61 SUMMONING OF DEFENCE WITNESSES

(1) Subject to the provisions of sub-rules (2) and (3), the Commander shall, on a request made in this behalf by the accused, summon such witnesses as are specified by the accused.

(2) Where the Commander is satisfied that the evidence to be given by any witness is not likely to be of material assistance at the trial, he may refuse to summon such witness and while doing so he shall record in writing the reasons for not calling the witness.

(3) The Commander may, before summoning any witness, require the accused to defray or undertake to defray the cost of attendance of such witness and if the accused refuses to defray or undertake to defray the cost aforesaid, the Commander may refuse to procure the attendance of that witness.

(4) Where the Commander has refused to summon the witness under subrule (2) or sub-rule (3), the accused may make an application to the Court for the summoning of such witness and the Court may, if it considers it to be expedient in the interests of justice, order the summoning of such witness and, if necessary, adjourn the proceedings for the attendance of such witness. Explanation.-For summoning witnesses, summons as per specimen given in Appendix XV shall be issued.

RULE 62 ASSEMBLY AND SWEARING OF COURT

(1) Upon a Security Guard Court assembling, the Court shall, before beginning the trial, satisfy itself in closed Court.

(a) that the Court has been convened in accordance with the Act and these rules;

(b) that the Court consists of not less than the minimum number of officers required by law ;

(c) that the members are of the required rank ;

(d) that the members have been duly appointed and are not dis- qualified under the Act;

(e) that if there is a Judge Attorney, he has been duly appointed ;

(f) that the accused appears, from the charge sheet, to be subject to the Act and to be subject in the jurisdiction of the Court ; and

(g) that each charge is correct in law and framed in accordance with these rules.

(2)

(a) Where a vacancy occurs through a member of the Court being disqualified

under the Act, or being absent when the Court assembles, the presiding officer may appoint a duly qualified waiting member to fill that vacancy.

(b) The presiding officer may, if the interests of justice so require, substitute a duly qualified waiting member for a member appointed by the convening officer.

(3) If the Court is not satisfied on any of the matters mentioned in subrule (1) is not competent to rectify such matter itself under the Act or these rules, it shall before commencing the trial, report thereon to the con- vening officer.

(4) When the Court has complied with this rule and is ready to pro- ceed with the trial, the presiding officer shall open the Court and the trial shall begin.

RULE 63 COMMENCEMENT OF TRIAL

(1) The order convening the Court and the names of the officers appointed to try the accused shall be read in the hearing of the accused who shall bo given an opportunity to object to any of those officers in accordance withSection 81-.

(2) When a Court is to try more than one accused whether separately or jointly, each accused shall be given an opportunity to object to any officer on the Court in accordance with the foregoing sub-rule and shall be asked separately whether he has any such objection.

(3) An accused shall state the names of all the officers to whom be objects before any objection is disposed of.

(4) If more than one officer is objected to, the objection to each officer shall be disposed of separately and the objection to the lowest in rank shall be disposed of first.

(5) An accused may make a statement and call any person to make a statement in support of his objection.

(6) An officer to whom the accused has objected may state in open Court anything relevant to the objection of the accused whether in support or in rebuttal thereof.

(7) An objection to an officer shall be considered in closed Court by all the other officers on the Court and the officer objected to shall not be present at that time.

(8) When an objection to an officer is allowed under sub -section (3) of section 81-that officer shall forthwith retire and take no further part in the proceedings.

(9) When an officer objected to retire and there is duly qualified waiting member in attendance, the presiding officer shall immediately appoint him to take the place of the officer who has retired.

(10) The Court shall satisfy itself that a waiting member who takes the place of a member of the Court is of the required rank and not disqualified under the Act and shall give the accused an opportunity to object to him and shall deal with any such objection in accordance with the Act and these rules.

(11) If as the result of the allowing of an objection to a member there are insufficient officers available to form a Court in compliance with the Act, the Court shall report to the convening officer without proceeding further with the trial and the convening officer may either appoint an officer as a member to fill the vacancy or convene a fresh Court to try the accused.

RULE 64 SWEARING OR AFFIRMING OF MEMBERS

-As soon as the Court is constituted with the proper number of officers who are not objected to or objections in respect of whom have been overruled on oath or affirmation shall be administered to every member in presence of the accused in one of the following forms or in such other form to the same purport as the Court ascertains to be according to his religion or otherwise binding on his conscience.

FORM OF OATH "I,.............................................swear by Almighty God, that I will, well and truly, try the accused (or accused persons), before the Court, according to the evidence, and that I will, duly administer justice, according tothe National Security Guard Act, 1986-, without partiality, favour or affection ; and I do further swear that I will not, on any account, at any time, whatsoever, disclose or discover, the vote or opinion of any particular member of the Court unless required to give evidence thereof by a court of law'.'

FORM OF AFFIRMATION "I,.......................................... do solemnly, sincerely and truly, declare and affirm, that I will well and truly, try the accused (or accused persons), before the Court, according to the evidence, and that I Will, duly administer justice according to theNational Security Guard Act, 1986-, Without partiality, favour or affection ; and I do further solemnly, sincerely and truly dedare and affirm that I will not, on any account, at any time, whatsoever, disclose or discover, the vote or opinion of any particular member of this Court unless required to give evidence thereof by a Court of Law."

RULE 65 SWEARING OR AFFIRMATION OF JUDGE ATTORNEY AND OTHER OFFICERS

- After the members of the Court are all sworn or have made affirmation, an oath or affirmation shall be administered to the following persons or such of them as are present at the Court in such of the following forms as shall be appropriate, or in such other form to the same purport as the Court ascertains to be according to the religion or otherwise binding on the conscience of the person to be sworn or affirmed.

(A) JUDGE ATTORNEY

FORM OF OATH I,................................. -........... swear by Almighty God that I will, to the best of my ability, carry out the duties of Judge Attorney, in accord- ance with theNational Security Guard Act, 1986 -, and the rules made thereunder without partiality, favour or affection, and I do further swear that I will not, on any account, at any time, whatsoever, disclose or discover the vote

or opinion on any matter of any particular member of this Court, unless required to give evidence thereof by a Court of Law.

FORM OF AFFIRMATION I,........................................... do hereby, solemnly, sincerely and truly declare and affirm that I will, to the best of my ability, carry out the duties of Judge Attorney in accordance with theNational Security Guard Act, 1986-, and the rules made thereunder without partiality, favour or affection, and I do further solemnly, sincerely and trufly declare and affirm, that I will not, on any account, at any time, whatsoever, disclose or discover

the vote or opinion, on any matter, of any particular member of this Court, unless, required to give evidence thereof by a Court of law.

(B) OFFICER ATTENDING FOR THE PURPOSE OF INSTRUCTION

FORM OF OATH I,..........................................swear by Almighty God that I will not OB any account, at any time, whatsoever; disclose or discover the vote

or opinion of any particular member of this Court unless required to give evidence thereof by a Court of Law.

FORM OF AFFIRMATION I............. ...................................do solemnly, sincerely and truly, declare and affirm that I will not on any account, at any time, whatsoever disclose or discover the vote or opinion of any particular

member of this Court unless required to give evidence thereof by a Court of Law.

(C) SHORTHAND WRITER

FORM OF OATH I,.............................................swear by Almighty God that I

will truly take down to the best of my power the evidence to be given before

this Court and such other matters as I may be required to take down and will, when required, deliver to the Court a true transcript of the same.

FORM OF AFFIRMATION I,................................................ do solemnly, sincerely and truly, declare and affirm, that I will truly take down to the best of my power the evidence to be given before this Court and such other matters as

I may be required to take down and will, when required, deliver to the Court a true transcript of the same.

(D) INTERPRETER

FORM OF OATH I,.............................................swear by Almighty God that I

will faithfully, interpret and translate, as I shall be required to do, touching 'the matter before this Court.

FORM OF AFFIRMATION I,.......................................do solemnly, sincerely

and truly declare and affirm that I will faithfully interpret and translate, as I shall be required to do, touching the matter before this Court.

RULE 66 OBJECTION TO INTERPRETER OR SHORTHAND WRITER

-A person shall not be sworn or affirmed as an interpreter or shorthand-writer, if he is objected to by the accused unless the Court, after bearing the accused and the prosecutor disallows such objections as being unreasonable.

RULE 67 OBJECTION TO JUDGE ATTORNEY AND PROSECUTOR

-The accused shall not be permitted to object to the Judge Attorney or the prosecutor.

RULE 68 ARRAIGNMENT

(1) When the Court and the Judge Attorney (if any) have been sworn, the charge will be read to the accused and shall be asked whether he pleads guilty or not guilty to the charge or charges.

(2) If there is more than one charge, against the accused he shall be required to plead separately to each charge.

(3) If there is more than one charge-sheet against the accused, before the Court, the Court shall proceed with the charges in the first of such charge sheets and shall announce its finding thereon and if the accused has pleaded guilty, comply withrule 75-, before it arraigns him upon the charges in any subsequent charge-sheet.

RULE 69 PLEA TO JURISDICTION

(1) The accused, before pleading to the charge, may offer a plea regarding the jurisdiction of the Court ; and in such a case-

(a) the accused may adduce evidence in support of the plea and the prosecutor may adduce evidence in answer thereto ; and

(b) the prosecutor may address the Court in answer to the plea and the accused may reply to the prosecutor's address.

(2) If the Court allows the plea it shall adjourn and report to the convening officer.

(3) When the Court reports to the convening officer under this rule, the convening officer shall:

(a) if he approves the decision of the Court to allow the plea, dis- solve the Court;

(b) if he disapproves the decision of the Court ; either :-

(i) refer the matter back to the Court and direct them to pro- ceed with the trial ; or

(ii) convene a fresh Court to try the accused.

RULE 70 OBJECTION TO THE CBARGE

(1) An accused before pleading to a charge may object to it on the grounds that it is not correct in law or is not framed in accordance with these rules and if he does so, the prosecutor may address the Court in answer to the objection and the accused may reply to the prosecutor's address.

(2) If the Court upholds the objection, it shall either amend the charge if permissible underrule 54-or adjourn and report to the convening officer ; Provided that if there is another charge or another charge-sheet before the Court, the Court may, before adjourning under this rule, proceed with the trial of such other charge or other charge-sheet.

(3) When the Court reports to the convening officer under this rule, the convening officer shall:

(a) if he approves the decision of the Court to allow the objection:

(i) dissolve the Court ; or

(ii) where there is another charge or another charge-sheet before the Court which the

Court has not tried, direct the Court to proceed with the trial of such other charge or charge-sheet only; or

(iii) amend the charge to which the objection relates, if permis- sible underrule 55-, and direct the Court to try it as amended,

(b) If he disapproves the decision of the Court to allow the objec- tion :-

(i) direct the Court to try the charge ; or

(ii) where three is another charge or another charge-sheet before the Court to which

the objection does not relate and which the Court has not tried, direct the Court to proceed with the trial of such other charge or charge-sheet only ; or

(iii) convene a fresh Court to try the accused.

RULE 71 PLEA IN BAR OF TRIAL

(1) An accused before pleading to charge may offer a plea that the trial is barred under section 72-orSection 73-. If he does so :-

(a) the accused may adduce evidence in support of the plea and the prosecutor may adduce evidence in answer thereto, and

(b) the prosecutor may address the Court in answer to the plea and the accused may reply to the prosecutor's address.

(2) If the Court allows the plea it shall adjourn and report to the convening officer: Provided that if there is another charge or another charge-sheet before the Court, the Court may, before adjourning under this rule, proceed with the trial of such other charge or other charge-sheet.

(3) When a Court reports to the convening officer under this rule. the convening officer shall :-

(a) if he approves the decision of the Court to allow the plea,

(i) dissolve the Court ; or

(ii) where there is another charge or another charge-sheet before the Court, to which

the plea does not relate and which the Court has not tried, direct the Court to proceed with the trial of such other charge or charge-sheet only.

(b) If he disapproves the decision of the Court to allow the plea :-

(i) direct the Court to try the charge ; or

(ii) where there is another charge or another charge-sheet before the Court, to which the plea does not relate and which the Court has not tried, direct the Court to proceed with the trial of such other charge or charge-sheet only ; or

(iii) convene a fresh Court to try the accused.

RULE 72 APPLICATION FOR SEPARATE TRIAL

(1) Where two or more accused are charged jointly, any one of the accused may, before pleading to the charge, apply to the Court to be tried separately on the ground that he would be prejudiced in his defence if he were not tried separately.

(2) Where the accused makes such an application, the prosecutor may address the Court in answer thereto and the accused may reply to the prosecutor's address.

(3) Where the Court is of the opinion that the interests of justice so require it shall allow the application and try separately the accused who made it.

RULE 73 APPLICATION FOR TRIAL ON SEPARATE CHARGE-SHEET

(1) Where a charge-sheet contains more than one charge, the accused may, before plead- ing to the charges, apply to the Court to be tried separately on any charge in that charge-sheet on the ground that he would be prejudiced in his defence if he were not tried separately on that charge.

(2) Where the accused makes such an application, the prosecutor may address the Court in answer thereto and the accused may reply to the prosecutor's address.

(3) Where the Court is of the opinion that interests of justice so require, it shall allow the application and try the accused separately on the charge to which it relates as if that charge had been .inserted in a separate charge-sheet.

RULE 74 PLEADING TO THE CHARGE

(1) After any plea underrules 69-and71-, any objection underrule 70-and any applications underrules 72-and73-have been dealt with, the .accused shall be required subject to sub- rule (2) to plead either guilty or not guilty to each charge on which he is arraigned.

(2) Where a Court is empowered bySection 90-to find an accused guilty of an offence other than that charged or guilty of committing the offence in circumstances involving a less degree of punishment or where it could after hearing the evidence, make a special finding of guilty subject to exceptions or variations in accordance withrule 95-, the accused may plead guilty to such other offence or to the offence charged as having been com- mitted in circumstances involving a less degree of punishment or to the offence charged subject to such exceptions and variations.

RULE 75 ACCEPTANCE OF PLEA OF GUILTY

(1) Where an accused pleads guilty to a charge under either sub-rule (1) or sub-rule (2) ofrule 74-, the presiding officer or Judge Attorney shall, before the Court decides to accept the plea. explain to the accused the nature of the charge and the general effect of his 'plea and in particular to difference in procedure when an accused pleads guilty and when an accused pleads not guilty.

(2) The Court shall then cause the prosecutor to read the record or abstract of evidence to the Court or inform the Court of the facts contained therein; Provided that if an expurgated copy of the record or abstract of evi- dence was sent to the presiding officer, the prosecutor shall not read to the Court those parts of the record or abstract of evidence which have been expurgated or inform the Court of the facts contained in those parts, and shall not hand over the original record or abstract of evidence to the Court until the trial is concluded. Where there is no record or abstract of evi- dence, the Court shall record, in accordance with these rules, sufficient evidence to enable it to determine the sentence.

(3) A Court shall not accept a plea of guilty under sub-rule (1) or subrule (2) ofrule 77-, if-

(a) the Court is not satisfied that the accused understand the nature of the charge or the effect of his plea ; or

(b) the presiding officer having regard to the evidence contained in the record

of evidence or the abstract of evidence and all the circumstances, considers that the accused should plead not guilty; or

(c) the accused is liable, if convicted, to be sentenced to death.

(4)

(a) In the case of a plea of guilty underrule 76-, a Court shall not accept the

plea unless the convening officer concurs and it is satisfied of the justice of such course.

(b) The concurrence of the convening officer may be signed by the prosecutor.

(5) When a plea of guilty under sub-rule (1) or sub-rule (2) ofrule 74-is not accepted by the Court or the accused either refuses to plead to the charge or does not plead to it intelligibly, the Court shall record a plea of not guilty.

(6) When a Court is satisfied that it can properly accept a plea of guilty under sub-rule (1), sub-rule (2) ofrule 74-, it shall record a finding of guilty in respect thereof.

(7) After the Court has recorded its findings, it shall give an oppor- tunity to the accused to adduce evidence of character and to make a state- ment in mitigation of punishment.

(8) If from the evidence adduced by the accused and his statement made under sub-rule (7) the Court is satisfied that the accused did not understand the effect of the plea of guilty, it should alter the record and enter a plea of not guilty and proceed with the trial accordingly.

(9) After sub-rule (7) has been complied with and if Court has decided to accept the plea of guilty, the Court shall proceed as directed inrule 97-.

RULE 76 PLEA ON ALTERNATIVE CHARGE

(1) When an accused pleads guilty to the first of two or more alternative charges, the Court, if it accept the accused's plea of guilty, shall record a finding of guilty in respect of the first charge and the prosecutor shall withdraw any alternative charge before the accused is arraigned on it.

(2) When an accused pleads guilty to one of two or more charges which are laid in the alternative other than the first of such charges, the Court, may,-

(a) proceed as if the accused had pleaded not guilty to all the charges; or

(b)

(i) With concurrence of the convening officer (which may be signified by the

prosecutor) record a finding of guilty on the charge which the accused has pleaded

guilty and a finding of not guilty on any alternative charge which is placed before it in the change-sheet.

(ii) Where the Court records such finding the prosecutor shall before the accused is

arraigned on it withdraw any charge which is alternative to the charge of which the court has found the accused guilty and which is placed after it in the charge-sheet.

RULE 77 ORDER OF TRIAL WHERE PLEA OF GUILTY AND NOT GUILTY

(1) After the Court has recorded a finding of guilty, if there is no other charge in the same charge-sheet to which the accused has pleaded not guilty and no other accused who has pleaded not guilty to a charge in that charge-sheet, it shall proceed with the trial as directed byRule 75-.

(2) Where there is another charge in the charge-sheet to which the accused has pleaded not guilty or there is another accused who has pleaded not guilty to a charge in that charge-sheet, the Court shall not comply withRule 75-until after it has dealt with such other charge or tried such other accused and has announced and recorded its finding in respect thereof.

RULE 78 CHARGE OF PLEA

(1) An accused who has pleaded not guilty may, at the time before the Court closes to deliberate on its finding withdraw his plea of not guilty and substitute a plea of guilty (including a plea of guilty underRule 76-) and in such a case the Court shall, if it is satisfied that it can accept the accused's changed plea under these rules, record a finding in accordance with the accused's changed plea and so far as is necessary proceed as directed byRule 75-.

(2) Where at any time during the trial it appears to the Court that an accused who has pleaded guilty does not understand the effect of his plea or the nature of the charge the Court shall enter a plea of not guilty and proceed with the trial accordingly.

(3) Where the Court records a plea of not guilty in respect of any charge under sub-rule (2) it shall, if there was a charge laid in the alternative thereto which the prosecutor withdrew underRule 76-, reinstate such alter- native charge, arraign the accused thereof and proceed with the trial as if it had never been withdrawn.

RULE 79 PROCEDURE ON PLEAS OF NOT GUILTY

-After a plea of not guilty to any charge has been recorded-

(i) the Court shall ask the accused whether he wishes to apply for an adjournment on the ground that any, of these rules relating to procedure, before trial have not been complied with and that he has been prejudiced thereby or on the ground that he has not had sufficient opportunity for preparing his defence ;

(ii) Where the accused applies for an adjournment,-

(a) the accused may adduce evidence in support of his applica- tion and the prosecutor may adduce evidence in answer thereto; and

(b) the prosecutor may address the Court in answer to the application and the accused may reply to the prosecutor's address;

(iii) the Court may grant an adjournment if it thinks the interests of justice so require.

RULE 80 OPENING ADDRESS

(1) The prosecutor may, if he so desires, and shall, if required by the Court, make an opening address explaining the charge and the nature and general effect of the evidence which he proposes to adduce.

(2) The witnesses for the prosecution shall then be called and give their evidence.

RULE 81 ADDITIONAL WITNESS

When the prosecutor intends to adduce evidence which is not contained in any record or abstract of evidence given to the accused, notice of such intention together with the particulars of the evidence shall, when practicable, be given to the accused at a reasonable time before the evidence is adduced. If such evidence is adduced without such notice or particulars having been given, the Court may, if the accused so desires either adjourn after receiving the evidence or allow any cross- examination arising out of that evidence to be postponed, and the Court shall inform the accused of his right to apply for such an adjournment or postponement.

RULE 82 DROPPING WITNESSES

-The prosecutor shall not be bound to call all the witnesses against the accused whose evidence is contained in the record or abstract of evidence, nor a witness when he has notified the accused that he intends to call underRule 81-, but if the prosecutor does not intend to call such witness to give evidence, he shall give the accused reasonable notice that he does not intend to call the witness and that the accused will be allowed to communicate with him and to call him as a witness for the defence, if he so desires and if the witness is available.

RULE 83 WITHDRAWAL OF WITNESSES

-During a trial, a witness other than the prosecutor or accused shall not, except by leave of the Court, be in Court while not under examination, and if while he is under examination, a discussion arises as to whether a question is to be allowed or not with regard to his evidence the Court may direct the witness to withdraw during such discussion.

RULE 84 EXAMINATION OF WITNESSES

(1) A witness maybe examined by the person calling him and may be cross-examined by the opposite party to the proceeding and on the conclusion of any such cross-examination may be re-examinated by the person who called him on matters arising out of the cross-examination.

(2)

(a) The person examining a witness shall put his questions to the witness orally

and unless an objection is made by the witness, the Court, the Judge-Attorney, the prosecutor or by the accused, the witness shall reply forthwith.

(b) Where such an objection is made, the witness shall not reply until the objection has been disposed of.

(3) The Court may allow the cross-examination or re-examination of a witness to be postponed.

(4) Before the examination of a witness, he shall be administered an oath or affirmation in the following form or in such other form to the same purport as the Court ascertains to be in accordance with his religion or otherwise binding on his conscience

FORM OF OATH I.......... ....................................swear by Almighty God that what ever I shall state, shall be the truth, the whole truth and nothing but the truth.

FORM OF AFFIRMATION I ................................................do solemnly, truly and sincerely declare and affirm that whatever I shall state, shall be the truth, the whole truth and nothing but the truth.

RULE 85 QUESTIONING BY THE COURT

(1) The presiding officer, the Judge- Attorney and any member of the Court may put questions to a witness.

(2) Upon any such question being answered, the prosecutor and the accused may put to the witness such questions arising from the anwer which he has given as seem proper to the Court.

RULE 86 READING OVER OF EVIDENCE

(1)

(a) The record which has been made of the evidence given by a witness shall

be read beck to him before he leaves the Court and when this is done be may ask for the record to be corrected or explain the evidence which he has given.

(b) Where any such correction is made or explanation given the pro- secufor

and the accused may put such questions to the witness respecting the correction or explanation as seem proper to the Court.

(2) When a shorthand-writer is employed it shall not be necessary to comply with sub-rule (1), if in the opinion of the Court and the Judge Attorney (if any) it is unnecessary to do so : Provided that if any witness so demands, sub-rule (1) shall be com- plied with.

RULE 87 CALLING OR RECALLING WITNESSES BY THE COURT

(1)

(a) The Court may, at any time, before it closes to deliberate on its finding of if

there is a Judge-Attorney before he begins to sum up, call a witness or recall a witness, if in the opinion of the Court it is in the interest of justic to do so.

(b) Where the Court calls a witness or recalls a witness under this rule the

prosecutor and the accused may put such questions to the witness as seem proper to the Court.

(2) The prosecutor and the accused may, at any time before he closes to deliberate on its finding or if there is a Judge-Attorney before he begins to sum up, recall a witness by leave of the Court and the prosecture and the accused may put such questions to the witness as seem proper to the Court.

RULE 88 SUBMISSION OF NO CASE TO ANSWER AND STOPPING OF CASES

(1)

(a) At the close of the case for the prosecution the accused may submit to the

Court in respect of any charge that the prosecution has failed to establish a

prima facie case for him to answer and that he should not be called upon to make his defence to that charge.

(b) Where the accused make such submission that prosecutor may address the

Court in answer thereto and the accused may reply to the pro- secutor's address.

(2) The Court shall not allow the submission unless it is satisfied that-

(a) the prosecution has not established- a prima facie case on the charge as laid ; and

(b) it is not open to it on the evidence to make a special finding under eitherSection 90 -or sub-rule (4) ofRule 95-.

(3)

(a) Where the Court allows the submission, it shall find the accused not guilty

of the charge to which it relates and subject to confirmation the finding shall forthwith be announced in open Court.

(b) Where the Court disallows the submission it shall proceed with the trial of the offence as charged.

(4) The Court may, of its own motion, after the close of the hearing of the case for the prosecution, and after hearing the prosecutor find the accused not guilty of the charge and subject to confirmation the finding shall forthwith be annouced in open Court.

RULE 89 CASE FOR THE DEFENCE

(1) After the close of the case for the pro- secution, the presiding officer or the Judge-Attorney (if any) shall explain to accused that:

(a) if he wishes, he may give evidence on oath as a witness or make a statement without being sworn but that he is not obliged to do either.

(b) if he gives evidence on oath, he shall be liable to be cross- examined by the prosecutor and to be questioned by the Court.

(2) For the purpose of enabling the accused to explain any circumstances appearing in the evidence against him, the Court may, at any stage of the trial, without previously warning the accused, put such questions to him as the Court considers necessary, and shall, for the purpose aforesaid, question him generally on the case after the witnesses for the prosecution nave been examined and before he is called on for his defence.

(3) The accused shall not render himself liable to punishment by refusing to answer such questions, or by giving false answers to them.

(4) The answers given by the accused may be taken into consideration in such trial and put in evidence, for or against him in any other inquiry into or trial for, any other offence which such answers may tend to show he has committed.

(5) If the accused intends to call a witness to the facts of the case other than himself, he may make an opening address outlining the case for the defence before the evidence for the defence is given.

RULE 90 WITNESSES FOR DEFENCE

(1) AfterRule 89-has been complied with, the witnesses for the defence (if any) shall be called to give their evidence.

(2) The provisions ofRules 84-,85-and86-shall apply to the witnesses for the defence as they apply to the evidence of witnesses for the pro- secution.

RULE 91 WITNESSES IN REPLY

-After the witnesses for the defence have given their evidence, the prosecutor may, by leave of the Court, call a witness or recall a witness to give evidence on any matter raised by the accused in his defence which the prosecution could not properly have mentioned to the Court before the accused disclosed his defence or which the prosecution could not reasonably have foreseen.

RULE 92 CLOSING ADDRESS

(1) After all the evidence has been given the pro- secutor and the accused may each make a closing address to the Court.

(2) The accused shall be entitled to make his closing address after the closing address by the prosecutor unless the accused has called a witness to facts other than himself, in which case the prosecutor shall be entitled, sub- ject to sub-rules (3) and (4) to make his closing address after the accused has made the closing address.

(3) Where two or more accused are tried jointly, any one of them who has called no such witness shall be entitled to make his closing address after the prosecutor has made the closing address.

(4)

(a) Where two or more accused are represented by the same defen- ding officer or counsel he may make one closing address only.

(b) Where any one of the accused for whom he appears has called no witness to facts other than himself such defending officer or counsel shall be entitled to make his closing address after the prosecutor has made the closing address.

RULE 93 SUMMING UP BY JADGE-ATTORNEY

After the closing addresses, if there is a Judge-Attorney, he shall sum up the evidence and advise the Court on the law relating to the case in open Court.

RULE 94 DELIBERATION ON FINDING

(1) The Court shall deliberate on its fin- ding in closed Court in the presence of the Judge-Attorney.

(2) The opinion of each member of the Court as to the finding shall be given by word of mouth on each charge separately starting with the junior most in rank.

RULE 95 RECORD AND ANNOUNCEMENT OF FINDING

(1) The finding on every charge upon which the accused is arraigned shall be recorded and except as provided in these rules, shall be recorded simply as a finding of "Guilty" or of "Not Guilty".

(2) Where the Court is of opinion as regards any charge that the facts proved do not disclose the offence charged or any offence of which he might under the Act legally be found guilty on the charge as laid, the Court shall acquit the accused of that charge.

(3) If the Court has doubts as regards any charge whether the facts proved show the accused to be guilty on the charge as laid, it may, before recor- ding a finding on that charge, refer to the confirming authority for an opin- ion, setting out the facts which it finds to be proved and may, if necessary, adjourn for that purpose.

(4) Where the Court is of opinion as regards any charge that the facts which it finds to be proved in evidence differ materially from the facts alleged in the statement of particulars in the charge but are nevertheless sufficient to prove the offence stated in the charge, and that the difference is not so mate- rial as to have prejudiced the accused in his defence, it may, instead of a find- ing of "Not Guilty" record a special finding.

(5) The special finding may find the accused guilty on a charge-subject to the statement of exceptions, or variations specified therein.

(6) Where there are alternative charges, and the facts proved appear to the Court not to constitute the offence mentioned in any of those alternative charges, the Court shall record a finding of "Not Guilty" on that charge.

(7) The Court shall not find the accused guilty on more than one of two or more charges laid in the alternative, even if conviction upon one charge necessarily connotes guilty upon the alternative charge or charges.

(8) If the Court thinks that the facts proved constitute one of the offences stated in two or more of the alternative charges, but doubts which of those offences the facts do at law constitute, it may, before recording a find- ing on these charges, refer to the conforming authority for an opinion, setting out the facts which it finds to be proved and stating that it doubts whether those facts constitute in law the offence stated in such one or other of the charges and may, if necessary, adjourn for that purpose.

(9) The finding on each charge shall be announced forthwith in open Court as subject to confirmation.

RULE 96 PROCEDURE ON ACQUITTAL

-If the finding on all the charges is "Not Guilty" the presiding officer shall affix his signature and date on the finding and such signature shall authenticate the whole of the proceedings, and the proceedings upon being seized Judge-Attorney (if any) shall be at once trans- mitted for confirmation.

RULE 97 PROCEDURE ON CONVICTION

(1) If the finding on any charge is "Not Guilty" then, for the guidance of the Court in determining its sentence, and of the confirming authority in considering the sentence, the Court, before deliberating on the sentence, shall, whenever possible, take evidence of and record the general character, age, service, rank. any recognised acts of gallan- try or distinguished conduct of the accused any previous convictions of the accused either by Security. Guard Court or a Criminal Court, any previous punishment awarded to him by an Officer exercising authority under Sec- tions 51, 53 or 54, as the case may be, the length of time he has been in arrest or in confinement on any previous sentence, and any decoration, or reward of which he may be in possession or to which he is entitled.

(2) Evidence of the above matter may be given by a witness verifying a statement which contains a summary of the entries in the service books res- pecting the accused and identifying the accused as the person referred to in that summary.

(3) The accused may cross-examine any such witness and may call wit- nesses .to rebut such evidence and if the accused so requests, the service books or a duly certified copy of the material entries therein, shall be produced and if the accused alleges that the summary is in any respect not in accordance with the service books or such certified copy, as the case may be the Court shall compare the summary with those books or copy and if it finds that it is not in accordance therewith, shall cause summary to be corrected or the ob- jections of the accused to be recorded.

(4) When all the evidence on the above matter has been given, the ac- cused may address the Court thereon and in mitigation of punishment.

RULE 98 SENTENCE

-The Court shall award a single sentence in respect of all the offences of which the accused is found guilty and such sentence shall be deemed to be awarded in respect of which it can be legally given and not to be awarded in respect of which it can not be legally given.

RULE 99 RECOMMENDATION FOR MERCY

(1) Where the Court makes a recom- mendation to mercy it shall give its reasons for such recommendation.

(2) The number of the members of the Court making recommendation to mercy mentioned in this rule or any question relating thereto, may be entered in the proceedings.

RULE 100 ANNOUNCEMENT OF SENTENCE AND SIGNING AND TRANSMISSION OF PRO- CEEDINGS

(1) The sentence together with any recommendation to mercy and the reasons for any such recommendation shall be announced forthwith in open Court. The sentence will be announced as subject to confirmation.

(2) Upon the Court awarding the sentence, the presiding officer shall affix his signature and date to the sentence and such signatures shall authen- ticate the whole of the proceedings and the proceedings upon being signed by the Judge-Attorney (if any), shall at once be transmitted for confirmation.

RULE 101 REVISION

(1)

(a) Where the finding is sent back for revision under section 109-, the Court

shall re-assemble in open Court, the revision order shall be read and if the

Court is directed to take fresh evidence such evidence shall be taken in open Court.

(b) Where such fresh evidence is recorded otherwise than at the instance of the

accused, the accused shall be given a further opportunity to lead evidence in respect of matters brought out in such fresh evidence.

(c) The prosecutor and the accused shall be given a further opportunity to address the Court in respect of the fresh evidence led.

(d) The Judge-Attorney may also give a further summing up.

(2) Where the revision of finding does not involve taking of fresh evidence the accused shall be given an opportunity to address the Court in respect of matter raised in the revision order.

(3)

(a) The Court shall then deliberate on its finding, in closed Court and if the

Court does, not adhere to its former finding it shall revoke the finding and sentence and record a new finding and if such new finding involves a sentence, pass the sentence,afresh.

(b) Where the original finding was one of "Not Guilty", the Court shall, before passing sentence, comply withRules 97-and98-.

(4)

(a) Where the sentence alone is sent back for revision, the revision order shall

be read in open Court and the accused given an opportunity to address the Court in regard to matters referred to in the revision order.

(b) The Court shall then reconsider its sentence in closed Court and if it does not adhere to the sentence, revoke the sentence and pass the sentence afresh.

(5) Where the sentence alone is sent for revision the Court shall not revise the finding.

RULE 102 CONFIRMATION AND PROMULGATION

(1) When a confirming authority receives the record of the proceedings of a Court, it shall record its decision thereon and on any sentence and any order which the Court may hiave made under section 102-on the record of the proceedings in the appropriate form set out in Appendix VII and such record of his decision shall form part of the record of the proceedings.

(2) When a Court has accepted a plea of guilty made underRule 57-the confirming authority may confirm its finding notwithstanding that the Court has accepted the plea without the concurrence of the convening officer, if, to the opinion of the confirming authority it is in the interests of justice to do so.

(3)

(a) When a Court has rejected a plea to the jurisdiction of the Court or a plea in bar of trial or has overruled an objection to a charge; it shall not be necessary for the confirming authority to approve speci- fically the decision of the Court,but its approval shall be implied from its confirming the finding on the charge to which the plea or objection relates.

(b) Where it disapproves the decision of the Court to reject the plea or to over-

rule the objection it shall withhold confirmation of the finding on the charge to which the plea or objection relates.

(4) A confirming authority may state its reasons for withholding confirmation in any case but if it withholds confirmation where a Court has rejected a plea to the jurisdietion or plea in bar of trial or has overruled an objection to the charges because it disapproves this decision of the Court it shall, when recording its decision under sub-rule (1) state that it has, withheld confirmation for this reason.

(5) Where the sentence of a Court is improperly expressed, the confirming authority may, in confirming the sentence vary the form thereof so that it shall be properly expressed.

(6) Whenever it appears that there is sufficient evidence on a plea of guilty under either sub-rule (1) or sub-rule (2) ofRule 75-to justify the finding of the Court, such finding and any lawful sentence consequent thereon may be confirmed, and if confirmed, shall be valid, notwithstanding any deviation from these rules, if the accused has not been prejudiced by such deviation.

(7) While confirming the finding, the confirming authority may either unconditionally or subject to conditions which the accused accepts reduce or remit a portion of the sentence or commute the punishment to one given lower in the scale of punishment inSection 47-.

(8)

(a) When a confirming authority has confirmed a finding and a sentence of a Court or has withheld confirmation thereof, it shall send the record of the proceedings to the Commander of the accused for promulga- tion to the accused of the finding and sentence or the fact that confirmation has been withheld as the case may be.

(b) The fact of promulgation shall be recorded on the record of the proceedings in the form set out in Appendix VIII.

(c) Where confirmation has been withheld because the confirming authority disapproves the Court's decision to reject a plea to the jurisdiction of a plea in bar of trial or to over rule an objection to the charge, the accused shall be so informed.

RULE 103 SEATING OF MEMBERS

-The members of a Court shall take their seats according to their rank.

RULE 104 RESPONSIBILITY OF PRESIDING OFFICER

(1) The presiding officer is responsible for the trial being conducted in proper order, and in accordance with the Act, rules made thereunder and in a manner befitting a court of justice.

(2) It is the duty of the presiding officer to see that the accused has a fair trial, and that he does not suffer any disadvantage in consequence of bis position as a person under trial, or of his ignorance, or of his incapacity to examine or cross-examine witnesses, or otherwise.

RULE 105 POWER OF COURT OVER ADDRESS OF PROSECUTOR AND ACCUSED

(1) It is the duty of the prosecutor to assist the Court in the administration of justice, to behave impartially, to bring the whole of the transaction before the Court and not to take any unfair advantage of, or suppress any evidence in favour of the accused.

(2) The prosecutor may not refer to any matter not relevant to the charge or charges, then before the Court, and it is the duty of the Court to stop him from so doing and also to restrain any undue voilence of lan- guage or want of fairness or moderation on the part of the prosecutor.

(3) The Court shall give reasonable facilities to the accused in making his defence, the accused must abstain from any remarks contemptuos or disrespectful towards the court, and from coarse and insulting language towards others, but he may, for the purpose of his defence, impeach the evidence and charge other persons with blame and even criminality, subject to, if he does so, any liability which he may thereby incur. The court may caution the accused as to the irrelevance of his defence, but shall not, unless in special cases, stop his defence solely on ground of such irrelevance.

RULE 106 SITTING IN CLOSED COURT

(1) A court shall, where it is so directed by these rules and may in other case on any deliberation amongst the members, sit in closed court.

(2) No person shall be present in closed court except the members of the court, the Judge-Attorney (if any) and any officer under instruction.

(3) For the purpose of giving effect to the foregoing provisions of this rule, a court may either retire or cause the place where it sits to be cleared of all other persons not entitled to be present

(4) Except as mentioned in sub-rules (1), (2) and (3) of this rule all proceedings, including the view of any place, shall be in open court and in the presence of the accused subject to sub-rule (5).

(5) The Court shall have the power to exclude from the Court any witness who has yet to give evidence or any other person, other than the accused, who interferes with its proceedings.

RULE 107 CONTINUITY OF TRIAL AND ADJOURNMENT OF COURT

(1) When the court is once assembled and the accused has been arranged, the court shall continue the trial from day to day in accordance with these rules unless it appears to the court that an adjournment is necessary for the ends of justice or that such continuance is impracticable.

(2)

(a) A Court may, from time to time adjourn its proceedings and meet at such a place as may be convenient, and

(b) Wherever necessary, visit the scene of occurrence.

(3) The senior officer on the spot may also for exigencies of service adjourn or prolong the adjournment of the court.

(4) A court in the absence of a Judge-Attorney (if one has been appointed for that court) shall not proceed, and shall adjourn.

(5) If the time to which an adjournment is made is not specified, the adjournment shall be until further orders from the proper Security Guard Authority; and, if the place to which an adjournment is made is not specified, the adjournment shall be to the same place or to such other place as may be specified in further orders from the proper Security Guard authority :

RULE 108 SUSPENSION OF TRIAL

-Where in consequence of anything arising while the court is sitting, the court is unable by reason of dissolution as specified inSection 68-or otherwise, to continue the trial, the presiding officer or. in his absence the senior member present, shall immediately report the facts to the convening authority.

RULE 109 PROCEEDINGS ON DEATH OR ILLNESS OF ACCUSED

-In case of the death of the accused or of such illness of the accused as renders it impossible to continue the trial, the Court shall ascertain the fact of the death or illness by evidence and record the same and adjourn and transmit the proceedings to the convening authority.

RULE 110 DEATH, RETIREMENT OR ABSENCE OF PRESIDING OFFICER

-In the case of the death, retirement on challenge or unavoidable absence of the presiding officer, the next senior officer shall take the place of the presiding officer and the trial shall proceed if the court is still composed of not less than the minimum number of officers of which it is required by law to consist.

RULE 111 PRESENCE THROUGHOUT OF ALL MEMBERS OF COURT

(1) A member of a court who has been absent while any part of the evidence on the trial of an accused person is taken, shall take no further part in the trial by that court of that person, but the court will not be affected unless it is reduced below the legal minimum.

(2) An officer shall not be added to a court after the accused has been arraigned.

RULE 112 TAKING OF OPINIONS OF MEMBERS OF COURT

(1) Every member of a court must give his opinion by word of mouth on every question which the court has to decide, and must give his opinion as to the sentence notwith- standing that he has given his opinion in favour of acquittal.

(2) The opinions of the members of the Court shall be taken in suc- cession, beginning with the member lowest in rank.

RULE 113 PROCEDURE ON INCIDENTAL QUESTIONS

-If any objection is raised on any matter of law, evidence, or procedure, by the prosecutor or by or on behalf of the accused during the trial, the prosecutor or the accused or counsel or the defending officer (as the case may be) shall have a right to answer the same and the person raising the objection shall have a right to reply.

RULE 114 EVIDENCE WHEN TO BE TRANSLATED

-When any evidence is given in a language, which any of the officer composing the court, the accused or the Judge-Attorney does not understand, it shall be translated into a lan- guage which he understands.

RULE 115 RECORD IN PROCEEDINGS OF TRANSACTIONS OF A SECURITY GUARD COURT

(1) At a court, the Judge Attorney or, if there is none, the presiding officer shall record or cause to be recorded all transactions of the court, and shall be responsible for the accuracy of the record (in these rules referred to as the proceedings); and if the Judge-Attorney is called as a witness by the accused, the presiding officer shall be responsible for the accuracy of the record in the proceedings, of the evidence of the Judge-Attorney.

(2) The evidence shall be taken down in a narrative form in as nearly as possible the words used, but in any case where the prosecutor, the accused the Judge-Attorney or the court considers it material, the question and answer shall be taken down verbatim.

(3) Where an objection has been taken to any question or to the admission of any evidence or to the procedure of the court, such objection shall, if the prosecutor or accused so requests or the court thinks fit, be entered upon the proceedings together with the grounds of the objection and the decision of the court thereon.

(4) Where any address by, or on behalf of the prosecutor or the accused, is not in writing, it shall not be necessary to record the same in the proceedings further or otherwise than the court thinks proper, except that;

(a) the court shall, in every case, make such record of the defence, made by the accused as will enable the confirming officer to judge of the reply made by, or on behalf of, the accused to each charge against him, and

(b) the Court shall also record any particular matters in the address by or on behalf of, the prosecutor or the accused which the prosecutor or the accused, as the case may be, may require.

(5) The court shall not enter in the proceedings any comment or anything not before the court, or any report of any fact not forming part of the trial, but if any such comment or report seems to the Court necessary, the court may forward it to the proper authority in a separate document, signed by the presiding officer.

RULE 116 CUSTODY AND INSPECTION OF PROCEEDINGS

-The proceedings shall be deemed to be in the custody of the Judge-Attorney (if any), or, if there is none, of the presiding officer but may with proper precaution for their safety, beinspected by the members of the court, the prosecutor and accused, at all reasonable times before the court is closed to consider the findings.

RULE 117 REVIEW OF GENERAL/PETTY SECURITY GUARD COURT PROCEEDINGS

-The proceedings of a General and Petty Security Guard Court shall be sent by the person having the custody thereof the Judge-Attorney-General for review, who shall then forward the same to the confirming authority.

RULE 118 DEFENDING OFFICER, FRIEND OF ACCUSED AND COUNSEL

(1) At any General or Petty Security Guard Court an accused person may be represented by a counsel or by any officer subject to the Act who shall be called "the defending officer" or assisted by any person whose services, he may be able to procure and who shall be called "the friend of the accused".

(2) The defending officer shall have the same rights and duties as appertain to a counsel under these rules and shall be under the like obliga- tions.

(3) The friend of the accused may advise the accused on all points and suggest the question to be put to the witnesses, but he shall not examine or cross-examine the witnesses or address the court.

RULE 119 REQUIREMENT OR APPEARANCE OF COUNSEL

(1)An accused person intending to be represented by a counsel shall give to his Commander or to the convening officer the earliest practicable notice of such intention, and, if no sufficient notice has been given the court may, if it thinks fit, on the application of the prosecutor, adiourn to enable him to obtain a counsel on behalf of the prosecutor at the trial.

(2) Where the convening officer so directs, counsel may appear along-with the prosecutor, but in that case, unless the notice referred to in sub-ruled) has been given by the accused, notice of the direction for counsel to appear shall be given to the accused at such time (not in any case less than seven days) before the trial as would, in the opinion of the court have enable the accused to obtain counsel to assist him at the trial.

(3) The counsel, who appears before a court on behalf of the prosecu- tor or accused, shall have the same rights as the prosecutor or accused for whom he appears to call, and orally examine, cross-examine, and reexamine witnesses, to put in any plea and to inspect the proceedings and shall have the right otherwise to act in the coune of the trial in place of the person on whose behalf he appears, and he shall comply with these rules as if he were that person and in such a case that person shall have no right himself to do any of the aforesaid matters except as regards the statement allowed by sub-rule (2) ofrule 90-and sub-rule (4) ofrule 97-or except so far as the court permits him so to do.

(4) When counsel appears on behalf of the prosecutor, the prosecutor if called as witness, may be examined as any other witness.

RULE 120 DISQUALIFICATION OF JUDGE-ATTORNEY

An officer who is disqualified for sitting on a court, shall be disqualified for acting as a Judge-Attorney at that court.

RULE 121 SUBSTITUTING ON DEATH, ILLNESS, OR ABSENCE OF JUDGE-ATTORNEY

If the Judge-Attorney dies, or from illness or from any cause whatever is unable to attend, the court shall adjourn, and the presiding officer shall report the circumstances to the Convening Officer : and a fit person may be appointed by that officer who shall be sworn or affirmed, and act as Judge- Attorney for the residue of the trial, or until tbc Judge-Attorney returns.

RULE 122 POWER AND DUTIES OF JUDGE-ATTORNEY

(1) Where a Judge-Attorney has been named to act on the court, he shall,-

(a) give his opinion on any question of law relating to the charge or trial whenever so required by the court, prosecutor or the accused:

(b) inform the court of any irregularity or other infirmity in the proceedings:

(c) inform the convening officer and the court of any infirmity or defect in the charge or in the constitution of the court ;

(d) sum up the evidence and give his opinion on any question of law, before the court proceeds to deliberate upon its findings.

(2) It shall be the duty of the Judge-Attorney to ensure that the accused does not suffer any disadvantage in consequence of his position as such, or because of ignorance or incapacity to examine or cross-examine witnesses and for this purpose the Judge-Attorney may, with the permission of the court, call witness and put questions to them which appear to him to be necessary or desirable

(3) In the discharge of his duties, the Judge-Attorney shall maintain, ko attitude of itrict impartiality.

(4) Where any opinion has been given by the Judge-Attorney to the court on any matter before it, it maybe entered in the proceedings, if the Judge-Attorney or the court desires it to be entered.

(5) The Judge-Attorney shall represent the Judge-Attorney-General at a Security Guard Court.

RULE 123 FINDING OF INSANITY

-Where the court finds either that the accused, by reason of unsoundness of mind, is incapable of making his defence, or that he committed the act alleged but was, by reason of unsound- ness of mind, incapable of knowing the nature of the actor that it was wrong or contrary to law, the presiding officer or in the case of Summary Security Guard Court, the officer holding the trial, shall affix his signature and the date on the finding which shall also be signed by the Judge-Attorney and thereupon the proceedins shall, at once, be transmitted to the confirming authority or in the case of Summary Security Guard Court to the Deputy Inspector-General empowered to countersign them.

RULE 124 PRESERVATION OF PROCEEDINGS

-The proceedings of every court shall, afterpromulgation, be forwarded to the office of the Judge-Attorney- General and be preserved there for not less than three years or until the sentence awarded by the court has expired whichever is later.

RULE 125 RIGHT OF PERSON TRIED TO COPIES OF PROCEEDINGS

-Every person tried by a Security Guard Court shall be entitled to obtain, on demand, at any time after the confirmation of the finding and sentence, when such confirmation is required and before the proceedings are destroyed, from the Judge-Attorney-General a copy thereof, including the proceedings upon revision, if any.

RULE 126 COPY OF PROCEEDINGS NOT TO BE GIVEN IN CERTAIN CASES

-Notwith- standing anything contained inRule 125-if the Central Government is satisfied for reasons to be recorded that it is against the interest of the Security of the State or friendly relations with foreign States to supply a copy of the proceedings or any part thereof under the said rule, he shall not be furnished with such a copy : Provided that if the Central Government is satisfied that the person demanding the copy is desirous of submitting a petition in accordance with the Act or instituting any action in a court of law in relation to the finding or sentence, it shall permit inspection of the proceedings by such a person, or his legal advisor, if any, on the following conditions, namely :-

(a) the inspection shall be made at such times and such places as the Central Government or any authority authorised by it may direct; and

(b) the person allowed to inspect the proceedings shall, before such inspection, furnish,-

(i) an undertaking, in writing, that he shall not make copies of the proceedings or any part thereof and that the information or documents contained in such proceedings shall not be used by him, for any purpose whatsoever, other than for the purpose of submitting a petition in accordance with the Act or

instituting an action in a court of law in relation to the said finding or sentence ; and

(ii) a certificate that he is aware that he may render himself liable to

prosecution under sections 3-and5 of the Indian Official Secrets Act, 1923 (19

of 1923)-if he commits any act specified in the said sections in relation to the documents or information contained in the said proceedings.

RULE 127 LOSS OF PROCEEDINGS

(1) If, before confirmation, the original proceedings of a court which require confirmation or any part thereof, are lost, a copy thereof, if any, certified by the presiding officer of the Judge- Attorney at the court may be accepted in lieu of the original.

(2) If there is no such copy, and sufficient evidence of the charge, finding, sentence, and transactions of the court can be procured, that evidence may, with the assent of the accused, be accepted in lieu of the original proceedings, or part which have been lost.

(3) In any case mentioned in sub-rules (1) and (2) of this rule the finding and sentence may be confirmed, and shall be valid as if the original proceedings or part thereof had not been lost.

(4) If the accused refuses the assent referred to in sub-rule (2), he may be tried again, and the finding and sentence of the previous court of which the proceeding have been lost shall be void.

(5) If, after confirmation or in any case where confirmation is not required, the original proceedings or any part thereof are lost. and there is sufficient evidence of the charge, finding, sentence, and transactions of the court and of the confirmation (if required) of the finding and sentence, that evidence shall be a valid and sufficient record of the trial for all purposes.

RULE 128 OFFENCES BY WITNESSES AND OTHERS

-When a court is of opinion that there is ground for inquiring into any offence specified inSections 36-and37-and committed before it or brought to its notice in the course of its proceedings, which would, if done by a person subject to the Act, have constituted such an offence, such court may proceed as follows, that is to say :-

(a) If the person who appears to have committed the offence is subject to the Act, the court may bring his conduct to the notice of his commander:

(b) if the person who appears to have done the act is amenable to a Law relating to any Armed Force, the court may bring his conduct to the notice of the proper Force authority, as the case may be;

(c) in other cases the officer who summoned the witness to appear or the presiding officer or officer holding the court, as the case may be, may forward a written complaint to the nearest Magistrate of the first class having jurisdiction, and in the case of acts which would, if done by a person subject to this Act, have constituted an offence under clause (c) of section 36-orSection 37-, the court, after making any preliminary inquiry that may be necessary may send the case to the nearest Magistrate of the first class having jurisdiction for inquiry or trial in accordance withSection 340 of the Code of Criminal Procedure, 1973 (2 of 1974)-.

RULE 129 PROCEEDINGS

(1) The officer holding the trial (hereinafter in this Chapter called the court) shall record, or cause to be recorded the transac- actions of every Summary Security Guard Court.

(2) The court may appoint a shorthand-writer to record the proceedings of the court. Such shorthand-writer shall l"e duly sworn or affirmed as per the form given inRule 65-

RULE 130 EVIDENCE WHEN TO BE TRANSLATED

(1) When any evidence is given in a language which the court or accused, as the case may be. in a language which it or he does understand.

(2) The court shall for this purpose either appoint an interpreter, or shall itself take the oath or affirmation prescribed for the interpreter at a Summary Security Guard Court.

(3) When documents are produced for the purpose of formal proof, it shall be in the discretion of the court to cause as much to be interpreted as appears necessary.

RULE 131 ASSEMBLY

-When the court, the interpreter (if any) and the offi- cers and subordinate officers attending the trial are assembled, the accused shall be brought befor the court and the oath or affirmation prescribed inRule 132-shall be taken by the persons therein mentioned.

RULE 132 SWEARING OR AFFIRMING OF COURT AND INTERPRETER

(1) The court shall take oath or affirmation in any one of the following form* or in such other form to the same purport which would according to the religion or otherwise be binding on the conscience of the officer constituting the court.

Form of Oath "I...............swear by Almighty God that I will duly administer

justice. according to theNational Security Guard Act, 1986-without partially, favour or affection".

Form of Affirmation "I.................................... do solemnly, sincerely and truly

declare and affirm that I will duly administer justice, according to the

provisions ofNational Security Guard Act, 1986-without partiality, favour or affection".

(2) The Court, or any other person empowered by it in this behalf shall adrilinister to the interpreter (if any) an oath or affirmation in any of the following forms, or in such other form to the same purport as the court ascertains to be according to the religion or otherwise binding on the conscience of the person who is to act as interpreter.

Form of Oath "I..............................swear by Almighty God that I will faithfully

interpret and translate, as I will be required to do, touching the matter be- fore this court".

Form of Affirmation "I........... ............do solemnly, sincerely and truly declare

and affirm that I will faithfully interpret and translate as I shall b6 retjluired to do tod- chiog tho mutter before this court."

(3) The witnesses shall, after the administration of the oath and the affirmation, withdraw from the court.

RULE 133 SWEARING OF COURT TO SEVERAL ACCUSED PERSONS

(1) A Summary Security Guard Court may be sworn or affirmed at the same time to try any number of accused persons then present before it whether those persons are to be tried collectively or separately.

(2) In the case of several accused persons to be tried separately, the court, when sworn or affirmed shall proceed with one case postponing the other cases and taking them afterwards in succeision.

(3) Where several accused persons are tried separately upon charges arising out of the transaction, the court may. if it considers it to be desirable in the interests of justice, postpone consideration of any sentence to be awarded to any one or more such accused persons until the trials of all such accused persons have been completed.

RULE 134 ARRAIGNMENT OF ACCUSED

(1) After the court and interpreter (if any) are sworn or affirmed as above mentioned, the accused shall be arraigned on the charges against him.

(2) The charges on which the accused is arraigned shall be read and, if necessary, translated to him, and explained and he shall be required to plead separately to each charge.

RULE 135 OBJECTION BY ACCNSCD TO CHARGE

-The accused, when required to plead to any charge, may object to the charge on the ground that it does not disclose an offence under the Act, or is not in accordance with these rules.

RULE 136 AMENDMENT OF CHARGE

(1) At any time during the trial if it appears to the court that there is mistake in the name or description of the accused in the charge-sheet, it shall amend the charge-sheet so as to correct that mistake.

(2) If on the trial of t charge it appears to the court at any time before it has begun to examine the witnesses, that in the interests of justice any addition to, omission from, or alteration in, the charge is required, it may amend such charge and may, after due notice to the accused, and with the sanction of the officer empowered to convene a Petty Security Guard Court for the trial of the accused if the amended charge requires such sanction, proceed with the trial on such amended charge.

RULE 137 SPECIAL PLEAS

-If a special plea to the general jurisdiction of the court, or a plea in bar of trial is offered by the accused the procedure laid down in Chapter IX for disposing of such plea shall, so far as may be applicable be followed.

RULE 138 GENERAL PLEA OF "GUILTY" OR "NOT GUILTY"

(l) The accused person's plea of "Guilty" or "Not Guilty" (or if he refuses to plead or does not plead intelligibiliy either one or the other, a plea of "Not Guilty") shall be recorded on each charge.

(2) If an accused person pleads "Guilty", that plea shall be recorded as the finding of the court ; put before it is recorded, the court shall ascer- tain that the accused understands the nature of the charge to which he has pleaded guilty and shall inform him of the general effect of that plea. and in particular of the meaning of the charge to which he has pleaded guilty, and of the difference in procedure which will be made by the plea of guilty, and shall advise him to withdraw that plea if it appears from the record or abstract of evidence (if any) or otherwise that the accused ought to plead not guilty.

(3) Where an accused person pleads guilty to the first two or more charges laid in the alternative, the court may after sub-rule (2) has been complied with and before the accused is arraigned on the alternative charge or charges, withdraw such alternative charge or charges as follow the charge to which the accused has pleaded guilty without requiring the accused to plead thereto, and a record to that effect shall be made in the proceedingi of the court.

RULE 139 PROCEDURE AFTER PLEA OF "GUILTY"

(1) Upon the record of the plea of "Guilty", if there are other charges in the same charge-sheet to which the plea is '"Not Guilty", the trial shall first proceed with respect to those other charges, and. after the finding on those charges, shall proceed with the charges on which a plea of "Guilty" has been entered ; but if there are alternative charges, the court may either proceed with respect to all the charges as if the accused had not pleaded "Guilty" to any charge, or may, instead of trying him, record a finding of "Guilty" upon any one of the alternative charges to which he had pleaded "Guilty" and finding of "Not Guilty" upon all the other alternative charges which precede such charge.

(2)

(a) After the record of the plea of 'Guilty' on a charge (if the trial does not proceed on any other charges) the court shall read the record or abstract of evidence and annex it to the proceedings or if there is no such record, or abstract shall take and record sufficient evidence to enable it to determine the sentence, and the reviewing officer to know all the circum- stances connected with the offence.

(b) The evidence shall be taken in like manner as is directed by thege rules in the case of a plea of "Not Guilty".

(3) The accused may, after such evidence has been taken or as, the case may be, the record or abstract of evidence has been read, address the court with reference to the charge and in mitigation of punishment and may call witnesses as to his character.

(4)

(a) If from the statement of the accused or from the record of evidence, or otherwise, it appears to the court that the accused did not understand the effect of his plea of "Guilty", the court shall alter the record and eater a plea of "Not Guilty", and proceed with the trial accordingly.

(b) Any alternative charges withdrawn under sub-rule (1) shall be reinstated in the charge-sheet and the trial shall take place as if they had never been withdrawn.

(5) If a plea of "Guilty" is recorded on some charges and the trial proceeds with respect to other charges in the same charge-sheet to proceed- ings under sub-rules (2) and (3) shall take place after the findings on the other charges in the same charge sheet are recorded.

(6) When the accused slates anything in mitigation of punishment which in the opinion of the court requires to be proved, and would, if proved, affect the amount of punishment, the court may permit the accused to call witnesses to prove the same.

RULE 140 WITHDRAWAL OF PLEA OF "NOT GUILTY"

The accused may, if he thinks fit at any time during the trial, withdraw his plea of "Not Guilty" and plead "Guilty" and in such case the court shall at once, subject to compliance with sub-rule (2) ofRule 138-record a plea and finding of "Guilty"iand shall, so far as if necessary, proceed in manner directed byRule 139-

RULE 141 PROCEDURE AFTER PLEA OF "NOT GUILTY"

(1) After the plea of "Not Guilty" to any charge, is recorded, the evidence for the prosecution will be taken.

(2) At the close of the evinence for the prosecution the accused shall be asked if he has anything to say in his defence, or may defer such address until he has called his witnesses.

(3) The accused may then call his witnesses, including also witnesses to character

RULE 142 WITNESSES IN REPLY TO DEFENCE

-The court may, if it thinks it necessary in the interests of Justice, call witnesses in reply to the defence.

RULE 143 EVIDENCE OF WITNESSES

-The provisions ofRules 85-,86-and87-shall so far as may be, apply to the evidence of witnesses at a Summary Security Guard Court as they apply to the evidence of witnesses at a General or Petty Security Guard Court.

RULE 144 RECORD AND INNOANCEMENT OF FINDING

(1) The court shall after the evidence for prosecution and defence has been heard, record its findings.

(2) The finding on every charge upon which the accused is arraigned shall be recorded and except as mentioned in those rules shall be recorded simply as a finding of "Guilty" or of "Not Guilty".

(3) When the court is of opinion as regards any charge that the facts proved do not disclose the offence charged or any offence of which he might under the Act legally be found guilty on the charge as laid, the court shall find the accused "Not Guilty" of that charge.

(4) When the court is of opinion as regards any charge that the facts found to be proved in evidence differ materially from the facts alleged in the statement of particulars in the charge, but are nevertheless sufficient to prove the offence stated in the charge, and that the difference is not so material as to have prejudiced the accused in his def'nce, it may, instead of a finding of "Not Guilty" record a special finding.

(5) The special finding may find the accused guilty on a charge subject to the statement of exceptions or variations specified therein.

(6) The court shall not find the accused guilty on more than one or two or more charges laid in the alternative, even if conviction upon one charge necessarily connotes guilt upon the alternative charge or charges.

RULE 145 PROCEDURE ON ACQUITTAL

-Where the finding on each of the charges in a charge-sheet is "Not Guilty", the court shall affix its signat re and date to the psoceedings. the findings will be announced in open court, and the accused will be released if under arrest, in respect of these charges.

RULE 146 PROCEDURE ON FINDING OF "GUILTY"

(1) Where the finding on any charge is "Guilty", the court may record of its own knowledge, or take evidence of any record, the general character, age, service, rank, and any recognised acts of gallantry, or distinguished conduct of the accused, and previous convictions of the accused either by a Security Guard Court or a Criminal Court, any previous punishment awarded to him by an officer exercising authority under section 51-, the length of time he has been in arrest or in confinement on any previous sentence, and any decoration, or reward, of which he may be in possession or to which he may be entitled.

(2) Where the court does not record the matters mentioned in this rule of its own knowledge, evidence on these matters may be taken in the manner directed inRule 97-for similar evidence.

RULE 147 SENTENCE

-The court shall award one sentence in respect of all the offences of which the accused is found guilty.

RULE 148 SIGNING OF PROCEEDINGS

-The court shall affix its signature and the date to the sentence and such lignature shall authenticate the whole of the proceedings.

RULE 149 CHARGES-DIFFERET CHARGE-SHEETS

(1) When the charges at a trial by Summary Security Guard Court are contained in different charge-sheets, ihe accused shall be tried on each charge-sheet separately upto and including the stage of finding.

(2) The court shall, thereafter, comply withRule 145-or146-as the case may be.

RULE 150 CLEARING THE COURT

(1) The officer holding the trial may clear the court to consider the evidence or to consult with the officers, and Assis- tant Commander attending the trial.

(2) Subject to the provisions of sub-rule (1) all the proceedings includ- ing the view of any place, shall be in open court, and in the presence of the accused.

RULE 151 ADJONRNMENT

-A court may,-

(a) from time to time adjourn its proceedings and meet at such place as may be convenient ; and

(b) whenever necesiary visit the scene of occurrence.

RULE 152 FRIEND OF THE ACCUSED

-During a trial at a Summary Security Guard Court an accused may take the assistance of any person, including a legal practitioner as may consider necessary : Provided that such person shall not examine or cross-examine witnesses or address the court.

RULE 153 MEMORANDUM TO BE ATTACHED TO PROCEEDINGS

-Where a Summary Security Guard Court tries an offence which shall not ordinarily be tried without reference to an authority mentioned in sub-section (2) ofSection 71-, an explanatory memorandum shall be attached to the proceedings.

RULE 154 PROMULGATION

-The sentence of a Summary Security Guard Court shall be promulgated in the manner usual in the service, at the earliest opportunity after it has been pronounced and shall subject to the provisions of the Act as carried out without delay after promulgation.

RULE 155 REVIEW OF PROCEEDINGS

The proceedings of a Summary Security Guard Court shall, immediately on promulgation be forwarded through the Judge Attorney-General, or an officer nominated by him for the purpose to the Deputy Inspector-General under whom the accused may be serving.

RULE 156 ACTION BY THE DEPUTY INSPETOR-GENERAL

(1) Where the Deputy Inspector-General to whom the proceedings of a Summary Security Guard Court have been forwarded underRule 155-, is satisfied that injustice has been done to the accused by reason of any grave irregularity in the proceed- ings or otherwise, he may,-

(a) set aside the proceedings of the court ; Or

(b) reduce the sentence or commute the punishment awarded to one lower in the scale of punishment given inSection 47-.

(2) Where no action under sub-rule (1) has been taken he shall countersign the proceedings and return it to the unit of the accused for promulgation.

RULE 157 DIRECTION ABOUT SENTENCE OF IMPRISONMENT

(1) A confirming authority or in the case of a Summary Security Guard Court, the court, shall direct that the sentence of imprisonment shall be undergone by confine- ment either in a civil prison or in Security Guard custody.

(2) Such direction may be varied by any superior officer.

RULE 158 WARRANTS

(1) Warrants for committing a person to civil prison to undergo sentence of imprisonment or to get such person back into Security Guard Custody if so required or to order the release of such a person from civil prison or any variation done by any superior officer shall be in such form M may be appropriate to each case set out in Appendix IX.

(2) Such warrants shall be signed by the Commander of the accused or by a staff officer on behalf of a Deputy Inspector-General, Inspector- General or the Director-General.

RULE 159 WARRANT IN CASE OF SENTENCE OF DEATH

-Where a person is sentenc- ed to death by hanging, a warrant in the form set out in Appendix X shall be sent by the Director-General to the Superintendent of the Prison where facilities for carrying out such a sentence exist, after the sentence has been confirmed by the Central Government and the accused hhall be committed to the same prison by his Commander on the appropriate warrant.

RULE 160 CHANGES IN SENTENCE

-Where any change is made in the sentence of a person already committed to a civil prison, such change shall be communicated to the Superintendent of the Prison to which such person has been committed by the Commander or such other person as is mentioned inRule 158-on the form set out in Appendix XI.

RULE 161 SENTENCE OF DISMISSAL

(1) Sentence of dismissal shall take effect from the date of promulgation of such sentence or from any subsequent date as may be specified at the time of promulgation.

(2) A sentence of dismissal combined with imprisonment to be under- gone in a civil prison shall not take effect until such person has been com- mited to a civil prison.

RULE 162 PETITIONS AGAINST FINDING AND SENTENCE OF COURT

(1) A person subjeet to the Act who has been tried by a Court shall be allowed to put in one person before confirmation, to the confirming authority and one petition after confirmation to any officer mentioned inSection 113-.

(2) In the case of a Summary Security Guard Court he shall be allowed to put in one petition only to any of the officers mentioned inSection 113-.

RULE 163 PERIOD OF LIMITATION

(1)A petition, before confirmation, shall be submitted, within two weeks of the conclusion of trial.

(2) A petition after confirmation shall be submitted within 3 months of the date on which the sentence was promulgated : Provided that the time taken by such person to obiain a copy of the proceedings shall be excluded in computing this period of 3 months.

RULE 164 MODE OF SUBMITTING PETITIONS

(1)

(a) A petition by a person who is still a member of the Security Guard shall be submitted through his Commander.

(b) A petition by a person who has ceased to be a member of the Security Guard may be submitted to the Commander of the Unit in which the trial was held.

(2) An officer to whom a petition is submitted or to whom a petition has been forwarded shall forward it to the next superior within a period of one week : Provided that an officer may nut forward a petition ^if he is competent to give the redress asked for and decides to do so.

(3) An officer receiving a petition shall send it to the Judge Attoiney-General or to the officer approved by him for advice.

RULE 165 COMPOSITION

(1) A Court of Inquiry may consist of one or more members. If only one member is appointed he shall be an officer. If more than one members are appointed, atleast one of them should be an officer. Persons not subject to the Act, may also be appointed as additional members when the court is to investigate matters ot such a spe- cialised nature as may require the assistance of specialised persons for proper investigation.

(2) The member or members of a court of Inquiry ordered to be held into the conduct of an officer shall not be of a lower rank than the rank of such an officer. In case it is not possible to appoint all the members of the same or the higher rank, atleast the presiding officer of such a Court of Inquiry shall be of a higher rank than the officer whose conduct is under inquiry.

RULE 166 ASSEMBLY

-A Court of Inquiry may be assembled by order of a Commander not below ths rank of Group Commander or any officer or authority superior to him.

RULE 167 ASSEMBLY ORDER

-The order assembling the Court of Inquiry shall state the composition of the court, lhe time and place for its assembly and clearly state the matters which the court will investigate. It will also provide for the administrative requirements of the court.

RULE 168 PROCEDURE OF COURTS OF INQUIRY

(1) The proceedings of a Court of Inquiry shall not be open to the public. Only such persons may attend the proceedings as are permitted by the court to do so.

(2) The evidence of all witnesses shall be taken on oath of affirmation and signed by them after the same has been read over and explained to them.

(3) Evidence given by witnesses shall be recorded in narrative form unless the court considers that any questions and answers may be recorded as such.

(4) The court may take into consideration any documents even though they are not formally proved.

(5) The court may ask witnesses any questions, in any form, that they consider necessary to elicit the truth and may take into consideration any evidence, whether the same is admissible under the Indian Evidence Act, 1872 (1 of 1872) or not.

(6) No counsel, or legal practitioner shall be permitted to appear be- fore a Court of Inquiry.

(7) Provisions of section 96-shall apply for procuring the attendance of witnesses before the court of inquiry. Witnesses shall be summoned as per specimen given in Appendix XV.

(8)

(i) Where the subject-matter of inquiry is the conduct or character of a particular person, such person maybe associated throughout with the inquiry and be given full opportunity of making any statement or giving any evidence, he may wish to make or give, and of cross-examining any witness whose evidence, in his opinion, affects his character or reputation.

(ii) In other cases before giving opinion against any person subject to the Act, the court shall afford that person an opportunity to know all that has been stated against him, cross-examine any witnesses who have given evidence against him, and make a statement and call witnesses in hil defence.

(9) The answers given by a witness to any question asked before the court shall not be admissible against such a witness on any charge at any subsequent occasion except a charge of giving false evidence before such court.

(10) Where the proceedings of an inquiry are submitted to a higher authoriiy for orders underRule 170-such autho-nty before disagreeing with the opinion of the court, shall record reasons for doing so. In such a case, provisions of clause (ii) of sub -rule (8) may not be complied with.

(11) The Court may be reassembled as often as the officer who assembled the court may direct, for the purpose of examining additional witnesses, or further examining any witness, or recording further information. In such a case the court may record fresh opinion if considered necessary after complying with the provisions of clause (ii) of sub-rule (8).

RULE 169 COURTS OF INQUIRY WHEN TO BE HELD

(1)ACourt of Inquiry may be held to investigate into any disciplinary matter or any other matter of importance.

(2) In addition to a Court of Inquiry required to be held under Sec- tion 60, a Court of Inquiry shall be held in the following cases :-

(a)

(i) All unnatural deaths of persons subject to the Act or of other persons within the

Security Guard lines, an immediate report shall be sent through the messenger to the

Officer-in- charge of the Police Station within whose jurisdiction the place of such unnatural death is.

(ii) In cases when such report cannot, for any reasons be delivered within a reasonable time, the Commander of the senior-most officer of the unit present shall prepare a report on the proforma set out in Appendix XII.

(b) All injuries sustained by persons subject to the Act which are likely to cause full or partial disability. The court shall in such case, determine whether such injuries were attributable to service or not.

(c) All financial irregularities, losses, theft and misappropriation of public or Security Guard property where it is necessary to obtain the order of a superior officer on such irregularities, loss, theft or misappropriation.

(d) All losses of secret documents and any other material of secret or above security classification. Such a court of inquiry shall be ordered by an officer or authority superior to the Unit Commander having the lost document or material on its charge.

(e) All damages to private persons or property in respect of which there is likely to be a claim against the Government or the Security Guard.

RULE 170 ACTION ON THE PROCEEDINGS OF A COURT OF INQUIRY

-The proceedings of a Court of Inquiry shall be submitted by the presiding officer to the officer or authority who ordered the court. Such officer or authority on receiving the proceedings may pass final orders thereon himself, if he is empowered to do so, or refer them to a superior authority.

RULE 171 COPIES OF COURT OF INQUIRY PROCEEDINGS

-A person subject to the Act against whom the Court of Inquiry has given an opinion or who is being tried by a Security Guard Court on a charge relating to matters investigated by a Court of Inquiry, shall be entitled to copies of the proceedings of the Court of Inquiries unless the Director-General orders otherwise.

RULE 172 PRESCRIBED OFFICER UNDER SECTION 10 (2)

-Officer not below the rank of Group Commander may, under sub-section (2) ofSection 10-, dismiss or remove from the service any person under his command other than an officer or an Assistant Commander.

RULE 173 AUTHORITY PRESCRIBED FOR THE PURPOSE OF SECTION 12 (1)

-The authority for the purpose of sub-section (1) of section 12-shall be :-

(i) Director-General in respect of all personnel subject to the Act other than officers.

(ii) Central Government in respect of officers.

RULE 174 PRESCRIBED MANNER OF ADMINISTERING OATH OR AFFIRMATION UNDER SNB' SECTION (1) OF SECTION 60

-The court shall administer an oath or affirmation to the witnesses as if the court were a Security Guard Court.

RULE 175 PRESCRIBED MANNER OF CUSTODY AND PRESCRIBED OFFICERS UNDER SEC- TION 96 OR 97

(1) The prescribed officer for the purpose of section 97-shall be-

(a) in the case of trial by Summary Security Court, the Commander of the Unit

to which the accused person belongs, or any autho- rity superior to such Commander.

(b) in the case of trial by nny other court, the convening officer or any authority superior to him.

(2) When the officer who proposei to act aa a prescribed officer under sub-rule (1) is under the command of the officer who has taken action in the case under sub-section (4) of section 96-, he shall ordinarily obtain the approval of such officer before be acts but if he is of opinion that service exigencies, or the necessities of discipline, render it impoglible or inexpedient to obtain such approval, he may act without obtaining such approval, but shall report his action and the reasoni therefor to such officer.

(3) For the purposes of sub-section (4) of section 96-the manner in which an accused person shall be kept in custody shall be as follows :- The accused shall be confined in such manner as may. in the opinion of the proper Security Guard authority, be bent calculated to keep him securely without unnecessary harshness, as he is not to be considered as a criminal but as a person labouring; under a disease.

RULE 176 ANTHORIAED DEDUCTION

-The following deductions may be made from the pay and all other emoluments payable to a person subject to the Act, namely :-

(a) upon the general or special order of the Central Government, any sum required to meet any public claim, there may be against him;

(b) any sum required to meet compulsory contributions to any provident fund, welfare fund or any other fund approved by the Central Government or to meet any debt that may be due from him towards any Security Guard institutions such as messes, canteens and the like. Explanation.-(i) "Public Claim" means any public debt or disallow- ance including overissue, or a deficiency or irregular expenditure of public money or store of which, after due investigation, no explanation satisfactory to the Ceatral Government, is given by the person who is responsible for the same. (ii) The aforesaid deductions shall be in addition to those specified in the Act.

RULE 177 REPEAL AND SAVINGS

(1) All rules and orders relating to the matters covered by these rules shall stand repealed in so far as they are inconsistent with any of the provisions of these rules.

(2) Notwithstanding such repeal anything done or any action taken under the provisions of the rules or orders so repealed shall, in so far as such thing or action is not inconsistent with the provisions of these rules, be deemed to have been done or taken under the provisions of these rules as if the said provisions were in force when such thing was done or such action was taken and shall continue in force accordingly until superseded by any- thing done or any action taken under these rules.

RULE 178 TRANSITORY PROVISIONS

-Any rule or order applicable to the Secu- rity Guard on the date these rules come into force will, unless repugnant to these rules, continue to apply unless and until abrogated or modified by the Central Government or any other competent authority.

NATIONAL SECURITY GUARD, SENIOR PERSONAL ASSISTANT (GROUP 'B' POSTS) RECRUITMENT RULES, 1999

New Delhi, the 28th December, 1999 G.S.R. 9.-In exercise of the powers conferred by sub-section (1) and clause (a) of sub-section (2) of section 139 of the National Security Guard Act, 1986 (47 of 1986), the Central Government hereby makes the following rules regulating the method of recruitment to the post of Senior Personal Assistant in the National Security Guard, Ministry, of Home Affairs, namely :--

RULE 1 SHORT TITLE AND COMMENCEMENT

(1) These rules may be called the National Security Guard, Senior Personal Assistant (Group 'B' posts) Recruitment Rules, 1999.

(2) They shall come into force on the date of their publication in the Official Gazette.

RULE 2 NUMBER OF POSTS, CLASSIFICATION AND SCALE OF PAY

-The number of the said post, its classification and the scale of pay attached thereto, shall be as specified in columns (2) to (4) of the Schedule annexed to these rules.

RULE 3 METHOD OF RECRUITMENT, AGE-LIMIT AND OTHER QUALIFICATIONS

-The method of recruitment to the said post, age-limit, qualifications and other matters relating there to Shall be asspecified in columns (5) to (14) of the said Schedule.

RULE 4 PERSON APPOINTED AT THE COMMENCEMENT OF THE RULES

-The person holding the post of Senior personal Assistant in the National Security Guard, at the commencement of these rules shall be deemed to have been appointed into. that post.

RULE 5 DISQUALIFICATION

-No person,-

(a) who has entered into or contracted a marriage with a person having a spouse living, or

(b) who, having a spouse living, has entered into or contracted a marriage with any person, lon.g live shall be eligible for appointment to the said post :

Provided that the Central Government may, it satisfied that such marriage is

permissible under the personal law applicable to such person and the other

party to the marriage and that there are other grounds for so doing, exempt any person from the operation of this rule.

RULE 6 POWER TO RELAX

--Where the Central Government is of the opinion that it is necessary or expedient so to do, it may by order, for reasons to be recorded in writing and in consultation with the Union Public Service Commission, relax any of the provisions of these rules with respect to any class or category of persons.

RULE 7 SAVING

-Nothing in these rules shall affect reservations, relaxation of age-limit and other concessions required to be provided for the Scheduled Castes, the Scheduled Tribes, Ex-Servicemen and other special categories of persons in accordance with the orders issued by the Central Government from time to time in this regard.

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