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person subject to the Act, other than an officer, that is to say,

(a) all pay and allowances for every day of absence , either on desertion or without leave, or as a prisoner of war, and for every day of imprisonment awarded by a criminal court, a Security Force Court or an officer exercising authority under section 53 of the Act;

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(b) all pay and allowances for every day between the date of his recovery from the enemy and his dis- missal from the Service in consequence of hi§ ccn- duct when being taken prisoner by, or while in the hands of the enemy ;

NOTIFICATION

New Delhi, the 2nd February, 1978

S.O, 76(E).—In exercise of the powers conferred by sub-sec- tions (1) and (2) of section 141 of the Border Security Force Act, 1968 (47 of 1968), the Central Government hereby makes the following rules, namely :—

1. Short titFc, application and commencement.—(1) These :ules may be called the Border Security Force (Deductions iroro Pay and Allowances) Rules, 1978.

(2) These rules shall, apply to an persons subject to the (c) any sum required to make g^ood the pay of any person subject to this Act which he has unlawfully retained or unlawfully refused to pay ;

(d) any sum required to make good such compensation for any expenses, loss, damage or destruction caused by him to the Central Government or to any building or property or any private fund of the Force as may be awarded by his Commandant;

(e) any sum required to be paid as fine imposed by a criminal court, a Security Force Court or an oflicer exercising authority under section 53 of the Act;

\c%.

(3) They shall come into force on the dale of their publi-

cation in the Official Gazette.

2. Definilions.—In these rules, unless the context otherwise

requires :—

(a) "Act" means the Border Security Force Act, 1968

(47 of 1968) ;

(b) Words and expressions used herein und not defined in these rufes but defined in the Act shall have the meanings, assigned to them in the Act.

3. Deductions from pay and allowances of Officers.—The following deductions may be made from the pay and allow- ances of an officer, that is to say,

(a) all pay and allowances due to an officer for every day he absents himscM without leave, unless a satis- factory explanation has been given and accepted by the Inspector-General under whom he ia for the time being serving;

(b) ;tny sum required to make good the pay of any neison subject to this Act which the officer has un- lawfully retained or unlawfully refused to pay ;

(c) any sum required to be paid as fine imposed by a

criminal court or a Security Force Court;

(d) any sum required to make good any loss, damage or destruction of public property or property belong* ing to the Force which, after due investigation, ap- pears to the Inspector-General under whom the offi- cer is for time being serving, to have been occasioned by wrongful act or negligence on the part of the officer ;

(e) all pay and allowances forfeited by an order of the Central Government if the officer is found by a court of inquiry constituted by the Director General, Border Security Force in this behalf, to have deserted to the enemy, or while in enemy's hands, to have served with or under the orders of enemy, or in any manner to have aided the enemy, or to have allowed him- self to be taken prisoner by the enemy, through want of due precaution or through disobedience of ordera or wilful neglect of duty or having been taken pri- soner by the enemy, to have failed to rejoin his service when it was possible to do • so ;

(f) any sum required by an order of the Central Gov- ernment to be paid for the maintenance of his wife or his legitimate or illegitimate child or step-child or towards the cost of any relief given by the said Government to the said wife or child.

4. Deductions from pay and allowances of persons other than Officers.—Subject to the provisions of rule 6, the follow- ing deductions may be made from the pay and allowances of (f) any sum required by an order of the Central Gov- ernment to be paid for maintenance of his wife or his legitimate or illegitimate child or step-child or towards the cost of any relief given by the said Government to the said wife or child.

5. Computation of time of absence or imprisonment for the purpose of clause (a) of rule 4.—(1) No person uhall be treated as absent or under imprisonment for a day unless the absence or imprisonment has lasted, whether wholly in one day or partly in one day and partly in another, for six conse- cutive hours or upwards.

(2) Any absence or imprisonment lor fess truin a day may be reckoned as absence or imprisonment for a day if such absence or imprisonment prevented the absentee from fulfilling any duty as a member of the Force which was thereby thrown upon some other member.

6. Limit of certain deductions.—The total deductions from the pay and allowance of a person made under clauses (c) to (f) of rule 4 shall not, except where he is sentenced to dis- missal, exceed in any one month, one-half of his pay and allowances for that month.

7. Deduction from public money due to a person.-—Any sum authorised by these rules to be deducted from the pay and allowances of any person may, without prejudice to any other mode of recovering the same, be deducted from any public money due to him other than a pension.

8. Pay and allowances of prisoner of war during the in- quiry into his conduct.—Where the conduct of any person subject to the Act when being taken prisoner by, or while in the hands of the enemy, is to be inquired into under the Act or any other law, the Central Government or the Director General or any officer authorised by the Director General may order that the whole or any part of the pay and allow- ances of such person shall be withheld pending the result of such inquiry.

9. Provision for dependant* of prisoner of war from re- mitted deductions.—In the case of persons subject to the Act, being prisoners of war, whose pay and allowances have been forfeited under clause (e) of rule 3 or clause U) of rule 4, but in respect of whom a remission has been made under rule 13 it shall be lawful for proper provision to be made by the Central Government out of such pay and al- lowances for any dependants of such persons, and any such, remission shall, in that case, be deemed to apply only to the balance remaining thereafter of such pay and allowances.

10. Provision for dependants of prisoner of war from his pay and allowances,—It shall be lawful for proper provision to be made by the Central Government or by the Director Genera} when so authorised by the Centra) Government for any dependants of any person subject to the Act who is a prisoner of war or is missing, out of his pay and allowances.

11. Period during which a person is deemed to be a pri- soner of war.—For the purposes of rules 9 and 10, a person shall be deemed to continue to be a prisoner of war until the conclusion of any inquiry into his conduct referred to in rule 8, and if he is dismissed from Service, in consequence of sr}ch conduct, until the date of such dismissal.

12. Authority competent to order deductions.—The follow- ing shall be the authorities competent to order deductions from pay and allowances under these ruJes namely :—

'1) Commandants, in the case of subordinate officers and

enrolled persons ;

(2) Director General, in the case of officers upto and

including the rank of a Commandant;

(3) Central Government, in the case of officcis above

the rank of a Commandant.

13. Remission of deductions.—Any authority superior to the one awarding any deductions under these rules stall be competent to remit the whofo or part of the said deductions.

14. Powers to be exercised by a superior officer or autho- rity.—Any power conferred by the provisions of these rules on an officer may be exercised by an officer or authority superior in command to the first mentioned officer.

15. Transitoi-y provisions.—Any rule or order applicable to the members of the Force on the date of commencement of these rules shall, unless it Is repugnant to these rule", conti- nue to apply unless and until it is abrogated or modified by the Central Government or any other competent authority.

[F. No. 1/20/77-CLO/BSP]

C. G. SOMIAH, it. Secy.

PRINTED BV THE MANAGER, GOVT. OF JNDIA PRESS, RING ROAD, NEW DELHI-110064

AND PUB) 1SHED BY THE CONTROLLER OF PUBLICATIONS, DELHI-110054, 1978