Assam Rifles Act, 1941

No: 5 Dated: Mar, 17 1941

THE ASSAM RIFLES ACT, 1941

ACT NO. 5 O F 1941

    An Act to provide for the regulation of and the maintenance of discipline in the Assam Rifles.

    WHEREAS it is expedient to provide for the regulation of and the maintenance of discipline in the Assam rifles;

    It is hereby enacted as follows: —

1. Short title, extent and application.— (1) This Act may be called the Assam Rifles Act, 1941.

(2) It extends to the whole of India and applies to all members of the Assam Rifles wherever they may be serving.

2. Definitions.— In this Act, unless there is anything repugnant in the subject or context,—

(1) “active service” means service at outposts, or against hostile tribes or other persons in the field;

(2) “Commandant” or “Assistant Commandant” means a person appointed by the Central Government to be a Commandant or an Assistant Commandant of the Assam Rifles;

(3) “District Magistrate” includes a Deputy Commissioner;

(4) “rifleman” means a person appointed as such under section 4 after he has signed the statement in the Schedule in accordance with the provisions of sub-section (2) of section 4, and includes a rifleman appointed under the Assam Rifles Act, 1920 (Assam Rifles Act 1 of 1920), and a Military Police Officer appointed under the Eastern Bengal and Assam Military Police Act, 1912 (E.B. & A. Act 3 of 1934), 

(5) “superior officer” means, in relation to any rifleman,—

(a) an officer of a higher class than, or of a higher grade in the same class as, himself, and

(b) any Assistant Commandant or Commandant;

(6) the expressions “reason to believe”, “criminal force”, “assault”, “fraudulently” and “voluntarily causing hurt” have the meanings assigned to them respectively in the Indian Penal Code (45 of 1860).

3. General superintendence and control of the force.— General superintendence and control of the Assam Rifles shall be exercised by such person or authority as the Central Government may appoint in this behalf, and, in the exercise of such superintendence and control, the person or authority so appointed shall be governed by such rules and orders as the Central Government may make in this behalf.

4. Appointment and discharge.—(1) The appointment of all riflemen shall rest with the Commandant.

(2) Before any person is appointed to be a rifleman, the statement in the Schedule shall be read and if necessary explained to him in the presence of a Magistrate, Commandant or Assistant Commandant, and shall be signed by him in acknowledgement of its having been so read to him.

(3) A rifleman shall not be entitled to be discharged except in accordance with the terms of the statement which he has signed under this Act or under the Assam Rifles Act, 1920 (Assam Act 1 of 1920).