Rajasthan Armed Constabulary Act, 1950
No: 12 Dated: Aug, 07 1950
Rajasthan Armed Constabulary Act, 1950
(Act No. 12 of 1950)
An Act for the regulation of the Rajasthan Armed Constabulary.
Whereas it is expedient to provide for the constitution and regulation of the Rajasthan Armed Constabulary; It is hereby enacted as follows:—
1. Short title and commencement. - (1) This Act may be called the Rajasthan Armed Constabulary Act, 1950.
(2) It extends to the whole of the State of Rajasthan.
(3) It shall come into force at once.
2. Definitions. - (1) In this Act unless there is anything repugnant in the subject or context,—
(1) "Commandant", "Assistant Commandant" and "Adjutant" mean person appointed by the State Government to those offices of the Rajasthan Armed Constabulary.
(2) ....
(3) "Officer of the Rajasthan Armed Constabulary" means a person appointed to the Rajasthan Armed Constabulary under this Act, who has, in accordance with the provisions of this Act, signed a statement, in the form given in the Schedule.
(4) The expressions "reason to believe", "criminal force" and "assault" have the meanings respectively assigned to them in the Indian Penal Code of the Central Legislature.
(5) "Superior Officer" means in relation to an officer of the Rajasthan Armed Constabulary any officer of a rank which as prescribed is higher than that of such officer.
(6) "Prescribed" means prescribed by rules made this Act.
(7) "Inspector General" and "Deputy Inspector General" mean the persons respectively appointed by the State Government to the Inspector General of Police and Deputy Inspector General of Police, under the law for the time being in force for the regulation of the police force in the State of Rajasthan.
"Inspector General" shall also include the Additional Inspector General Police appointed by the State Government
(2) References in this Act, to the Police Act, 1861 of the Central Legislate shall be construed as references to that Act as adopted to the prereorganisation State of Rajasthan.
3. Raising of Rajasthan Armed Constabulary. - There shall be raised and maintained by the Government a force to be called the Rajasthan Armed Constabulary and it shall be constituted in one or more battalions insuch manner and for such period as may be preScribed.
3A. Control over and administration of Rajasthan Armed Constabulary. — The control and direction of the Rajasthan Armed Constabulary shall vest in the Inspector General and in such Deputy Inspector General, as the State Government shall direct.
(2) Subject to such control and direction, the administration of a battalion of the Rajasthan Armed Constabulary shall vest in its commandant and such Assistant commandant, as the 'State Government shall direct.
4. Enrolment and discharge of officers of the Rajasthan Armed Constabulary. - Before any person whether already enrolled in the Rajasthan Police Force or not so enrolled, is appointed to be an officer of the Rajasthan Armed Constabulary, the statement in the schedule shall be read; and if necessary, explained to him by a Magistrate, Inspector General, Deputy Inspector General Commandant, or Assistant Commandant, shall be signed by him in acknowledgement of its having been so read and explained —4o him and shall be attested by the Magistrate, Inspector General, Deputy Inspector General Commandant, or Assistant Commandant, as the case may be.
5. Members of Rajasthan Armed Constabulary to be deemed Police Officers. - Subject always to the provisions of section 6 to 8, every member of the Rajasthan Armed Constabulary shall, upon his appointment and as long as he continues to be a member thereof, be deemed to be a Police officer and subject to any terms, conditions and restrictions, as may be prescribed, to have and be subject to, in so far as they are not inconsistent with this Act or any rules made thereunder, all the powers, privilege liabilities, penalties; punishments and protection as a Police Officer duly enrolled has or is subject to by virtue of the Police Act, 1861, of the Central Legislature, or any other law for the time being in force, or any rules or regulations made thereunder.
6. More Heinous Offences. - An officer of the Rajasthan Armed Constabulary who—
(a) begins, excites, causes or joins in any mutiny or sedition or being present at any mutiny or sedition does not use his utmost endeavours to suppress it, or, knowing or having reason to believe in the existence of any mutiny or of any intention to mutiny, does not without delay give information thereof to his commanding or other Superior Officer; or
(b) uses or attempts to use criminal force against or commits an assault on his Superior Officer, whether on or off duty; or
(c) abandons, or delivers up any post or guard which is committed to his charge or which it is his duty to defend; or
(d) directly or indirectly, holds correspondence with or assists or relieves any person in arms against or hostile to India or omits to disclose immediately to his commanding or other Superior Officer any such correspondence coining to his knowledge; or
(e) deserts the service; shall, on conviction, be punished with transportation for life or with imprisonment for a term which may extend to fourteen years and shall be liable to fine.
7. Less heinous Offences. - An officer of the Rajasthan Armed Constabulary who—
(a) strikes or assaults any sentry; or
(b) being under arrest or in confinement, escapes front arrest or confinement; or
(c) is grossly insubordinate or insolent to his Superior Officer in the execution of his office; or
(d) strikes of maliciously ill-treats any officer of the Rajasthan Armed Constabulary subordinate to him in rank or position; or
(e) Malingers, or feigns, or produces disease or infirmity in himklf or intentionally delays, his curt, or aggravates his disease or infirmity; or
(f) being a sentry, sleeps while upon his post; or
(g) quits his post guard, piquet party or patrol without being regularly relieved Or without leave.
shall on conviction, be punished with imprisonment for a term which may extend to seven years or with fine or with both.