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The Rajasthan Armed Constabulary Act, 1950

Rajasthan · state statute
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Rajasthan Armed Constabulary Act, 1950 
(Act No. 12 of 1950) 
 
Made by His Highness the Rajpramukh on the 7th day of August, 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 th e 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 inc lude 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 
to 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 committ ed 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 Of fences. - 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 himself 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 pu nished with imprisonment for a term which may 
extend to seven years or with fine or with both. 
 
8. Minor punishments. - (1) [The Inspector General or a Deputy General or a 
Commandant or] subject to the control of [such Inspector General or Deputy 
Inspector General or Commandant or Assistant Commandant]  or such other 
officer as may be prescribed, may without formal trial, award to any officer 
of the Rajasthan Armed Constabulary of and below the rank of head 
constable who is subject to his authority, any of t he following punishments 
for the commission of any offence against discipline which is not otherwise 
provided for in this Act or which in the opinion of the Commandant, 
Assistant Commandant or officer, as the case may be is not of sufficiently 
serious nature to call for prosecution before a criminal court, that is to say : 
(a) Imprisonment in the quarter -guard, or such other place as may be 
considered suitable, for a term which may extend to twenty -eight days when 
the order is passed by a Commandant, or to seven days when it is passed by 
any other officer Such imprisonment shall involve the forfeiture of all pay 
and allowances for the period of imprisonment. 
(b) Punishment drill, extra guard, fatigue or other duty, not exceeding 
twenty-eight days in duration, with or without confinement to the Lines. 
(c) Fine not exceeding seven days' pay. 
(2) Any of the punishments specified in sub -section (1) may be awarded 
separately or with any one or more of the others: 
Provided always that imprisonment and confinement t o the lines shall not 
exceed twenty-eight consecutive days, and fine shall not be combined with 
imprisonment. 
(3) No appeal shall lie from an order passed under this section. 
 
9. Discharge from Rajasthan Armed constabulary.  - Notwithstanding 
molting contained in the Police Act, 1861, of the Central Legislature, or in 
any other law no officer of the Rajasthan Armed Constabulary shall be 
entitled to be discharged from the Rajasthan Armed Constabulary [otherwise 
than on resignation submitted by him in wri ting and accepted by the 
Inspector General or Deputy Inspector General: 
 
Provided that such Inspector General or Deputy Inspector General may in 
his direction refuse to accept any such resignation] 
 
10. Reversion. - The [Inspector General]  may notwithstanding anything 
contained in section 9, at anytime revert to the Rajasthan Police an officer of 
the Rajasthan Armed Constabulary who has been  [seconded] from 
the [Rajasthan Police]. 
 
11. Place of Imprisonment.  - (1) A person sentenced under this A ct, to 
imprisonment for a period exceeding three months, shall, notwithstanding 
anything contained in the Police Act, 1861, of the Central Legislature, be 
deemed to have been dismissed from the Rajasthan Police Force and from 
the Rajasthan Armed Constabulary and shall be imprisoned in the nearest or 
such other jail as the Government may, be general or special order, direct. 
(2) A person sentenced under this Act to imprisonment for a period not 
exceeding three months may, if [the Inspector General or a Deputy Inspector 
General or a Commandant]  or subject to his control, an Assistant 
Commandant, so directs, be confined in the quarter guard or such other place 
as the  [such Inspector General or Deputy Inspector General or 
Commandant] or Assistant Commandant may consider suitable. 
 
12. Saving of Prosecution under other Laws.  - Nothing in this Act shall 
prevent any person from being prosecuted under the Police Act, 1861, of the 
Central Legislature, or under any order, or rule made under that Act or any 
other enactment for the time being in force or any act or omission punishable 
thereunder, or from being liable, if so prosecuted to any other or higher 
penalty that is provided for that act or omission by this Act : 
 
Provided that no person shall be punished twice for the same offence. 
 
13. Disciplinary and other Powers of Commandant and 2nd -in-Command 
of Rajasthan Armed Constabulary otherwise than in respect of the 
Rajasthan Armed Constabulary  — Subject to such miles as the  [State 
Government] may make in this behalf  [a Deputy Inspector General or a 
Commandant or an] Assistant Commandant shall have with respect to Police 
Officer appointed to the Rajasthan Police Force, under the Police Act, 1861 
of the Central Legislature, who are not officers of the Rajasthan armed 
Constabulary, the same disciplinary powers as  [a Deputy Inspector General 
or] a Superintendent of Police of a District, has with respect to them under 
that Act. 
 
14 Powers of the  [Slate Government]  to disband or reconstitute the 
Rajasthan Armed Constabulary.  - (1) The  [State Government]  may by 
notification in the  [Official Gazetted] disband or reconstitute the Rajasthan 
Armed Constabulary or may [battalion] thereof. 
 
(2) Whenever the Rajasthan Armed Constabulary or any 5[battalion] thereof 
is disbanded or reconstituted under sub -section (1), it shall, notwit hstanding 
anything contained in this Act or any other enactment for the time being in 
force and subject to such conditions, as may be prescribed, be lawful for 
the [State Government] with a view to such disbandment or reconstitution to 
discharge any office r from the Rajasthan Armed Constabulary if he is 
enrolled under the Police Act, 1861, of the Central Legislature, and has not 
been confirmed, from the Police Force also. 
 
15. Power to make rules.  - (1) The  [Slate Government]  may make rules for 
carrying to the purposes of this Act. 
(2) Without prejudice to the generality of the foregoing powers, the rules 
may provide for the following matters, that is to say 
(i) the number of [battalions] to be constituted; 
(ii) the pay and other terms and conditions of serv ice of officers of the 
Rajasthan Armed Constabulary; 
(iii) the manner in which and the persons who may be appointed to be 
officers of the Rajasthan Armed Constabulary; 
(iv) any other matter which is to be or may be prescribed. 
  
 
Schedule 
Statement 
(See Section 4) 
 
At no time during the period of your service in the Rajasthan Armed 
Constabulary, you will be entitled to obtain your discharge at your own request. On 
the liquidation of the force of of the  [battalion] in which you may for the time 
being be po sted, you will be discharged from the Rajasthan Armed Constabulary 
and, unless you were already a confirment member of the Rajasthan Police Force 
before joining the Rajasthan Armed Constabulary from the Rajasthan Police also 
(You will however, be eligible for re-enlistment in the Rajasthan Police Force) In 
the event of your continuing in the Rajasthan Police Force or your re -enlistment 
therein, your services in the Rajasthan Armed Constabulary will count for 
promotion and pension in the Rajasthan Police Force. 
 
Signature of Police Officer in acknowledgement  
of the above having been read over to him. 
 
Signed in my presence, after I had ascertained that .............. understood the purport 
of what he signed. 
 
Magistrate, *[Inspector General, 
Deputy Inspector General] 
commandant or Assistant Commandant. 
 
*This portion in brackets will be deleted in the case of officers who are already 
members of the Rajasthan police force on joining the Rajasthan Armed 
Constabulary. 

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