ITBPF Act 156Chapter XI · Miscellaneous
Section 156 · Power to make rules
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(1) The Central Government may, by notification, make rules for the
purpose of carrying into effect the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for—
(a) the constitution, governance, command and discipline of the force;
(b) the enrolment of persons to the Force and the recruitment of other members of the Force;
(c) the conditions of service (including deductions from pay and allowances) of members of the Force;
(d) the precedence, powers of command and authority of the officers, subordinate officers, under-officers and other persons subject to this Act;
(e) the dismissal, removal, retirement, release or discharge from the service of persons subject to this Act;
(f) the purposes and other matters required to be prescribed under section 13;
(g) the amount and incidence of fine to be imposed under section 60;
(h) the convening, constitution, adjournment, dissolution and sittings of Force Courts, the procedure to be observed in trials by such Courts, the persons by whom an accused may be defended in such trials and the appearance of such persons thereat;
(i) the confirmation, revision and annulment of, and petitions against, the findings and sentences of Force Courts;
(j) the forms of orders to be made under the provisions of this Act relating to Force Courts and the awards and infliction of death, imprisonment and detention;
(k) the constitution of authorities to decide for what persons, to what amounts and in what manner, provisions should be made for dependants under section 67 and the due carrying out of such decisions;
(l) the carrying into effect of sentences of Force Courts;
(m) any matter necessary for the purpose of carrying this Act into execution, as far as it relates to the investigation, arrest, custody, trial and punishment of offences triable or punishable under this Act;
(n) the ceremonials to be observed and marks of respect to be paid in the Force;
(o) the convening of, the constitution, procedure and practice of, courts of inquiry, the summoning of witnesses before them and the administration of oaths by such courts;
(p) the recruitment and conditions of service of Judge Attorney-General, Additional Judge Attorney-General, Deputy Judge Attorney-General and Judge Attorney;
(q) the disposal of the private or regimental property, or any other dues including provident fund of persons subject to this Act who die or desert or are ascertained to be of unsound mind or while on active duty are officially reported as missing;
(r) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be, or may be, made by rules.
(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for—
(a) the constitution, governance, command and discipline of the force;
(b) the enrolment of persons to the Force and the recruitment of other members of the Force;
(c) the conditions of service (including deductions from pay and allowances) of members of the Force;
(d) the precedence, powers of command and authority of the officers, subordinate officers, under-officers and other persons subject to this Act;
(e) the dismissal, removal, retirement, release or discharge from the service of persons subject to this Act;
(f) the purposes and other matters required to be prescribed under section 13;
(g) the amount and incidence of fine to be imposed under section 60;
(h) the convening, constitution, adjournment, dissolution and sittings of Force Courts, the procedure to be observed in trials by such Courts, the persons by whom an accused may be defended in such trials and the appearance of such persons thereat;
(i) the confirmation, revision and annulment of, and petitions against, the findings and sentences of Force Courts;
(j) the forms of orders to be made under the provisions of this Act relating to Force Courts and the awards and infliction of death, imprisonment and detention;
(k) the constitution of authorities to decide for what persons, to what amounts and in what manner, provisions should be made for dependants under section 67 and the due carrying out of such decisions;
(l) the carrying into effect of sentences of Force Courts;
(m) any matter necessary for the purpose of carrying this Act into execution, as far as it relates to the investigation, arrest, custody, trial and punishment of offences triable or punishable under this Act;
(n) the ceremonials to be observed and marks of respect to be paid in the Force;
(o) the convening of, the constitution, procedure and practice of, courts of inquiry, the summoning of witnesses before them and the administration of oaths by such courts;
(p) the recruitment and conditions of service of Judge Attorney-General, Additional Judge Attorney-General, Deputy Judge Attorney-General and Judge Attorney;
(q) the disposal of the private or regimental property, or any other dues including provident fund of persons subject to this Act who die or desert or are ascertained to be of unsound mind or while on active duty are officially reported as missing;
(r) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be, or may be, made by rules.
(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
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