MISCELLANEOUSCentral
Section 141 of The Border Security Force Act, 1968
Power to make rules.
- (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 rank, precedence, powers of command and authority of the officers, subordinate officers, under-officers and other persons subject to this Act;
- (e)the 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 convening, constitution, adjournment, dissolution and sittings of Security Force Courts, the procedure to be observed in trials by such courts the persons by whom an accused may be defended in such trial and the appearance of such persons thereat;
- (h)the confirmation, revision and annulment of, and petitions against, the findings and sentences of Security Force Courts;
- (i)the 1 [forms of orders] to be made under the provisions of this Act relating to Security Force Courts and the awards and infliction of death, imprisonment and detention;
- (j)the carrying into effect of sentences of Security Force Courts;
- (k)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;
- (l)the ceremonials to be observed and marks of respect to be paid in the Force;
- (m)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;
- (n)the recruitment and conditions of service of the Chief Law Officer and the Law Officers;
- (o)any other matter which is to be, or may be prescribed or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government, necessary for the proper implementation of this Act.
- (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 2 [in two 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.
Summary
- The Central Government has the power to create rules to make sure the 1968 Act works correctly.
- These rules can cover things like how people are enrolled, how the Force is commanded, and the discipline members must follow.
- Rules also decide the ranks and authority of officers and specify conditions for leaving the service through retirement or release.
- The government uses rules to set up procedures for Security Force Courts, including how trials are held and how findings are confirmed.
- All new rules must be shown to both Houses of Parliament for a total of thirty days.
- If Parliament agrees to change or cancel a rule during that time, the rule will only work in the new way or not at all.
Practical examples
1The Central Government decides that the Force needs a new uniform policy for formal parades. They create a rule under Section 141 defining the marks of respect and ceremonials to be observed. This rule is then presented to Parliament for thirty days before it becomes standard practice.
2To improve how trials are handled, the government makes a rule specifying that an accused person can be defended by a civilian lawyer. This rule falls under the category of court procedure and ensures all trials follow a fair and consistent process across the country.
FAQ
1. Who makes the rules for the Border Security Force Act, 1968?
The Central Government has the authority to make rules for carrying the Act into effect as stated in Section 141.
2. How long must rules be presented to Parliament under Section 141 of the Border Security Force Act?
Rules must be laid before each House of Parliament for a total period of thirty days while it is in session according to Section 141.
3. Can Section 141 rules change the conditions of service for members?
Yes, Section 141 specifically allows rules to provide for the conditions of service, including deductions from pay and allowances.
4. What happens if Parliament modifies a rule made under Section 141 of the 1968 Act?
If both Houses agree to a modification within the session, the rule thereafter only has effect in that modified form according to Section 141.
Test yourself
1.Under Section 141 of the Border Security Force Act, 1968, which body is responsible for making rules?
2.According to Section 141 of the Border Security Force Act, 1968, for how many days must a rule be laid before Parliament?
3.Section 141 of the Border Security Force Act, 1968, says rules can be made for matters required to be prescribed under which other section?
4.What is the effect of an annulment of a rule by Parliament under Section 141 of the Border Security Force Act?