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THE INTER-SER VICES ORGANISA TIONS (COMMAND, CONTROL
AND DISCIPLINE) ACT , 2023
NO. 28 OF 2023
[15th August , 2023.]
An Act to empower the Commander -in-Chief or the Of ficer -in-Command
of Inter-services Organisations in respect of service personnel who are
subject to the Air Force Act, 1950, the Army Act, 1950 and the Navy Act,
1957, who are serving under or attached to his command, for the maintenance
of discipline and proper discharge of their duties, and for matters connected
therewith or incidental thereto.
BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as
follows:—
CHAPTER I
PRELIMINARY
1. (1) This Act may be called the Inter -services Or ganisations (Command, Control
and Discipline) Act, 2023.
(2) It shall come into force on such date as the Central Government may , by notification
in the Official Gazette, appoint.Short title and
commencement.MINISTR Y OF LA W AND JUSTICE
(Legislative Department)
New Delhi, the 15th August, 2023/ Sravana 24, 1945 ( Saka )
The following Act of Parliament received the assent of the President on the
15th August, 2023 and is hereby published for general information:—vlk/kkj.k
EXTRAORDINARY
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PART II—Section 1
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2. The provisions of this Act shall apply to all persons who are subject to the Air
Force Act, 1950, the Army Act, 1950 and the Navy Act, 1957, and to persons of such other
forces as the Central Government may specify , by notification, under section 4, who are
serving in or attached to an Inter-services Organisation.
3. (1) In this Act, unless the context otherwise requires,—
(a) "Air Of ficer" means any of ficer of the Air Force above the rank of group
captain;
(b) "Chief of Defence S taff" means an of ficer of the regular Army , or the Indian
Navy , or the Air Force, as the case may be, appointed as such by the Central
Government;
(c) "Commander -in-Chief" means a General Of ficer of the regular Army , or a
Flag Of ficer of the Indian Navy , or an Air Of ficer of the Air Force, appointed as
Commander-in-Chief of a Joint Services Command, and in his absence, the officer on
whom the command devolves;
(d) "Commanding Officer" means the officer in actual command of the unit, ship
or establishment and includes an officer appointed as such by the Commander-in-Chief
or the Officer-in-Command, as the case may be, of an Inter-services Organisation;
(e) "Flag Of ficer" means an of ficer of the rank of Admiral of the Fleet, Admiral,
Vice-Admiral or Rear -Admiral;
(f) "General Of ficer" means an of ficer of the regular Army above the rank of
Brigadier;
(g) "Inter-services Organisation" means a body of troops including a Joint
Services Command consisting of persons, subject to the Air Force Act, 1950, the
Army Act, 1950 and the Navy Act, 1957 or any two of the said Acts;
(h) "notification" means a notification published in the Official Gazette;
(i) "officer", in relation to an Inter-services Organisation, means an officer as
defined in clause ( xxiii) of section 4 of the Air Force Act, 1950, or clause ( xviii) of
section 3 of the Army Act, 1950, or clause ( 16) of section 3 of the Navy Act, 1957, as
the case may be;
(j) "Officer-in-Command" of an Inter-services Organisation means either a
General Of ficer of the regular Army , or a Flag Of ficer of the Indian Navy , or an Air
Officer of the Air Force, appointed as the Of ficer-in-Command of an Inter -services
Organisation, other than Joint Services Command, and in his absence, the officer on
whom the command devolves;
(k) "regulations" means the regulations made under the respective Service
Acts;
(l) "rules" means the rules made under this Act and under the respective Service
Acts, as the case may be;
(m) "Service Acts" means the Air Force Act, 1950, or the Army Act, 1950, or the
Navy Act, 1957 or any two of the said Acts or all the said Acts; and
(n) "service personnel" means persons who are subject to any of the Service
Acts.
(2) Words and expressions used herein and not defined but defined in the Air Force
Act, 1950, or the Army Act, 1950, or the Navy Act, 1957 shall have the meanings, respectively ,
assigned to them under the said Acts.Application of
Act.
Definitions.
45 of 1950.
46 of 1950.
62 of 1957.
45 of 1950.
46 of 1950.
62 of 1957.
45 of 1950.
46 of 1950.
62 of 1957.
45 of 1950.
46 of 1950.
62 of 1957.45 of 1950.
46 of 1950.
62 of 1957.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINAR Y 3
CHAPTER II
SPECIAL PROVISION FOR CER TAIN FORCES
4. (1) The Central Government may , by notification, specify any force or any part
thereof, raised and maintained in India under the authority of the said Government, to which
all or any of the provisions of this Act shall, with or without modifications, apply and
accordingly all the officers referred to in clause ( i) of sub-section ( 1) of section 3 shall be
deemed to be of ficers within the meaning of the respective Acts relating to the said forces.
(2) Upon issuance of a notification under sub-section ( 1), the authority to exercise all
the disciplinary and administrative powers under the respective Acts governing such force
or any part thereof including the powers conferred by warrants or commissions issued
under such Acts governing that force or any part thereof, shall vest in the Commander -in-Chief
or the Officer-in-Command, as the case may be, of the Inter-services Organisation.
(3) Where any of the provisions of this Act applies to a force or any part thereof as
referred to in sub-section ( 2), the Central Government may , by notification, direct that by
what authority or which of ficer, the jurisdiction, powers or duties incidental to the operation
of the provisions of this Act shall be exercised or performed in respect of that force or any
part thereof.
CHAPTER III
CONSTITUTION OF INTER-SERVICES ORGANISA TION AND ITS OFFICERS
5. (1) The Central Government may , by notification, constitute an Inter -services
Organisation, which may include a Joint Services Command, comprising of units or service
personnel who are subject to any of the Service Acts, as may be placed under the command
of the Commander -in-Chief or , as the case may be, the Of ficer-in-Command.
(2) The Central Government may , by an order published in the Of ficial Gazette, direct
that any power exercisable by the Commander -in-Chief or , as the case may be, the
Office r-in-Co mmand may also be exercisable by any other officer specially empowered in
this behalf by the said Government.
6. (1) Notwithstanding anything contained in this Act,—
(a) the Inter-services Organisations constituted by the Central Government
and functioning as such immediately before the date of commencement of this Act,
shall be deemed to have been constituted under the provisions of this Act;
(b) the Commander -in-Chief or , as the case may be, the Of ficer-in-Command of
an Inter-services Organisation, who has been appointed and functioning as such
immediately before the date of commencement of this Act, shall be deemed to have
been appointed under the provisions of this Act.
(2) Nothing contained in this Act shall render invalid any action taken or acts
performed, immediately before the commencement of this Act, by the Inter -services
Organisation, or by the Commander-in-Chief or by the Officer-in-Command, as the case may
be, of an Inter-services Organisation, while functioning as such under any law applicable at
that time.
7. (1) The Commander -in-Chief or , as the case may be, Of ficer-in-Command of an
Inter-services Organisation, shall be the head of such Inter-services Organisation and shall
exercise command and control over the personnel serving in or attached to that In ter-serv ices
Organisation, for the purpose of maintenance of discipline and proper discharge of their
duties.Special
provision for
certain forces
under Central
Government.
Constitution
of Inter-
services
Organisation
or Joint
Services
Command.
Existing
Inter-services
Organisations
and
Commander-
in-Chief or
Officer-in-
Command to
continue.
Powers of
Commander-
in-Chief or
Officer-in-
Command.
(2) For the purposes of sub-section ( 1), the Commander -in-Chief or , as the case may
be, the Officer-in-Command of an Inter-services Organisation shall be competent to exercise
all the disciplinary and administrative powers vested in and exercised by—
(a) the General Of ficer Commanding the Army;
(b) the Flag Officer Commanding-in-Chief of a Naval Command;
(c) the Air Of ficer Commanding-in-Chief of an Air Command;
(d) any other of ficer or authority specified in the Service Acts or in the rules and
regulations made thereunder , including the powers conferred by warrants or
commissions issued under the provisions of such Service Acts; and
(e) any other officer or authority as may be specified in the notification issued
under section 4.
8. The Commanding Officer of an Inter-services Organisation shall, in addition to
having command over any unit, ship or establishment, also perform such duties as may be
assigned to him in respect of such Inter-services Organisation by its Commander-in-Chief
or, as the case may be, the Of ficer-in-Command and shall be empowered to initiate all
disciplinary or administrative actions over the personnel appointed, deputed, posted or
attached to that Inter-services Organisation.
9. The superintendence of the Inter-services Organisation shall vest in the Central
Government, which shall have the power to issue directions to each of such organisations,
on any matters concerning national security or general administration, if it considers
necessary and expedient so to do in the public interest.
10. Notwithstanding anything contained in the Service Acts, the Central Government
may, by notification, declare that any service personnel or class of service personnel to
whom the Service Acts apply shall, with reference to any Inter -services Or ganisation in
which he or they may be serving in or attached to or with reference to any provision of this
Act, be deemed to be on active service within the meaning of this Act and the Service Acts.
CHAPTER IV
MISCELLANEOUS
11. The Central Government may make rules for the purposes of carrying out the
provisions of this Act.
12. The provisions of this Act shall have ef fect notwithstanding anything inconsistent
therewith contained in any other law for the time being in force or in any instrument having
effect by virtue of any law other than this Act.
13. No suit, prosecution or any other legal proceeding shall lie against any person for
anything which is in good faith done or intended to be done under this Act.
14. (1) If any dif ficulty arises in giving ef fect to the provisions of this Act, the Central
Government may , by order published in the Of ficial Gazette, make such provisions not
inconsistent with the provisions of this Act, as may appear to be necessary for removing
the difficulty:
Provided that no such order shall be made under this section after the expiry of a
period of three years from the commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is
made, before each House of Parliament.
15. Every rule made by the Central Government 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 successiveCommanding
Officer .
Superintendence
of Central
Government.
Power to
declare
persons to be
on active
service.
Power to
make rules.
Overriding
effect of this
Act.
Protection of
action taken
in good faith.
Power to
remove
difficulties.
Laying of
rules before
Parliament.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINAR Y 5
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 such 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 ef fect, 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.
————
DR. REET A VASISHT A,
Secretary to the Govt. of India.
MGIPMRND—298GI(S3)—15-08-2023.UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICA TIONS, DELHI–1 10054.
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