BSF ACT AND RULES - MHA

1 BSF ACT AND RULESBSF ACT AND RULESBSF ACT AND RULESBSF ACT AND RULESBSF ACT AND RULESMARCH 2004 RESTRICTEDRESTRICTEDBSF ACT 1 REGISTERED NO. 221jftLV h ua0 Mh0221 Hkkjr Hkkjr Hkkjr Hkkjr Hkkjr dkdkdkdkdk jkti= jkti= jkti= jkti= jkti=The Gazette of IndiaThe Gazette of IndiaThe Gazette of IndiaThe Gazette of IndiaThe Gazette of 2 [ 1 Hkkx 2 [ 1 Hkkx 2 [ 1 Hkkx 2 [ 1 Hkkx 2 [ 1 PART II - SECTION 1izkf/kdkj ls izdkf krizkf/kdkj ls izdkf krizkf/kdkj ls izdkf krizkf/kdkj ls izdkf krizkf/kdkj ls izdkf krPUBLISHED BY AUTHORITYla0 59 ubZ fnYyh lkseokj flrEcj 2] 1968@Hkknz 11]1890la0 59 ubZ fnYyh lkseokj flrEcj 2] 1968@Hkknz 11]]

2 1890la0 59 ubZ fnYyh lkseokj flrEcj 2] 1968@Hkknz 11]1890la0 59 ubZ fnYyh lkseokj flrEcj 2] 1968@Hkknz 11]1890la0 59 ubZ fnYyh lkseokj flrEcj 2] 1968@Hkknz 11]1890No. 59} NEW DELHI, MONDAY, SEPTEMBER 2, 1968/BHADRA 11, 1890bl Hkkx esa fHkUu i` B la[;k nh tkrh gS ftlls fd ;g vyx ladyubl Hkkx esa fHkUu i` B la[;k nh tkrh gS ftlls fd ;g vyx ladyubl Hkkx esa fHkUu i` B la[;k nh tkrh gS ftlls fd ;g vyx ladyubl Hkkx esa fHkUu i` B la[;k nh tkrh gS ftlls fd ;g vyx ladyubl Hkkx esa fHkUu i` B la[;k nh tkrh gS ftlls fd.

3 G vyx ladyuds :i essa j[kk tk lds Ads :i essa j[kk tk lds Ads :i essa j[kk tk lds Ads :i essa j[kk tk lds Ads :i essa j[kk tk lds ASeparate paging is given to this part in order that it may befiled as a separate compilationMINISTRY OF LAW(Legislative Department)New Delhi, the 2nd September, 1968/Bhadra 11, 1890 (Saka)The following Act of Parliament received the assent of thePresident on the 2nd September, 1968, and is hereby published forgeneral information:-2 BSF ACTTHE border security force ACT, 1968No. 47 of 1968[2nd September, 1968]CHAPTER-IPRELIMINARY1.]]]]]

4 (1)This Act may be called the border SecurityForce Act, 1968.(2)It shall come into force on such date as theCentral Government may, by notification inthe Official Gazette, (1)In this Act, unless the context otherwiserequires,-(a) active duty , in relation to a person subjectto this Act, means any duty as a member ofthe force during the period in which suchperson is attached to, or forms part of, a unitof the force -(i)which is engaged in operationsagainst an enemy, or(ii)which is operating at a picket orengaged on patrol or other guard dutyalong the borders of India,and includes duty by such person during any period declaredby the Central Government by notification in the OfficialGazette as a period of active duty with reference to any areaShort titleand Act to provide for the constitution andregulation of an Armed force of the Union forensuring the security of the borders of India andfor matters connected it enacted by Parliament in the Nineteenthyear of the Republic of India as follows.

5 -BSF ACT 3in which any person or class of persons subject to this Actmay be serving;(b) battalion means a unit of the Forceconstituted as a battalion by the CentralGovernment;(c) Chief Law Officer and Law Officer mean, respectively, the Chief Law Officer anda Law Officer of the force appointed by theCentral Government;(d) civil offence means an offence which istriable by a criminal court;(e) civil prison means any jail or place usedfor the detention of any criminal prisonerunder the Prisons Act, 1894, or under anyother law for the time being in force ;(f) Commandant , when used in any provisionof this Act with reference to any unit of theForce, means the officer whose duty it isunder the RULES to discharge with respect tothat unit, the functions of a Commandant inregard to matters of the description referredto in that provision;(g) criminal court means a court of ordinarycriminal justice in any part of India.

6 (h) Deputy-Inspector General means a DeputyInspector General of the force appointedunder section 5;(i) Director-General means the Director-Generalof the force appointed under section 5;(j) enemy includes all armed mutineers, armedrebels, armed rioters, pirates and any personin arms against whom it is the duty of anyperson subject to this Act to take action;(k) enrolled person means an under-officer orother person enrolled under this Act;9 of ACT(l) force means the border security force ;(m) force custody means the arrest orconfinement of a member of the Forceaccording to RULES ;(n) Inspector-General means the Inspector-General of the force appointed undersection 5;(o) member of the force means an officer, asubordinate officer, an under-officer or otherenrolled person;(p) notification means a notification publishedin the Official Gazette;(q) offence means any act or omissionpunishable under this Act and includes a civiloffence.

7 (r) officer means a person appointed or in payas an officer of the force , but does not includea subordinate officer or an under-officer;(s) prescribed means prescribed by RULES madeunder this Act;(t) rule means a rule made under this Act;(u) security force Court means a Courtreferred to in section 64;(v) subordinate officer means a personappointed or in pay as a Subedar-Major, aSubedar or a Sub-Inspector of the force ;(w) superior officer , when used in relation to aperson subject to this Act, means:-(i)any member of the force to whosecommand such person is for the time beingsubject in accordance with the RULES ;(ii)any officer of higher rank or class orof a higher grade in the same class;BSF ACT 5and includes when such person is not an officer, a subordinateofficer or an under-officer of higher rank, class or grade;(x) under-officer , means a Head Constable,Naik and Lance Naik of the force .

8 (y)all words and expressions used and notdefined in this Act but defined in theIndian Penal Code shall have themeanings assigned to them in that Code.(2)In this Act, references to any law not in forcein the State of Jammu and Kashmir shall be construed asreferences to the corresponding law in force in that (1)The following persons shall be subject to thisAct, wherever they may be, namely:-(a)officers and subordinate officers; and(b)under officers and other persons enrolled un-der this Act.(2)Every person subject to this Act shall remainso subject until retired, discharged, released, removed ordismissed from the force in accordance with the provisionsof this Act and the of sub-ject to ACTCHAPTER-IICONSTITUTION OF THE force ANDCONDITIONS OF SERVICE OF THEMEMBERS OF THE FORCE4.

9 (1)There shall be an armed force of the Unioncalled the border security force for ensuring the security ofthe borders of India.(2)Subject to the provisions of this Act, the Forceshall be constituted in such manner as may be prescribedand the conditions of service of the members of the Forceshall be such as may be (1)The general superintendence, direction andcontrol of the force shall vest in, and be exercised by, theCentral Government and subject thereto and to the provisionsof this Act and the RULES , the command and supervision ofthe force shall vest in an officer to be appointed by the CentralGovernment as the Director-General of the force .

10 (2)The Director-General shall, in the dischargeof his duties under this Act, be assisted by such number ofInspectors-General, Deputy Inspectors-General,Commandants and other officers as may be appointed by theCentral (1)The persons to be enrolled to the force , themode of enrolment, and the procedure for enrolment shallbe such as may be prescribed by the Central Government.(2)Notwithstanding anything contained in this Actand the RULES , every person who has, for a continuous period ofthree months, been in receipt of pay as a person enrolled underthis Act and borne on the rolls of the force shall be deemed tohave been duly member of the force shall be liable to serve inany part of India as well as outside the , di-rection forservice out-side ACT member of the force shall be at liberty,-(a)to resign his appointment during the term ofhis engagement.