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Act28
Enacted 2023

The Inter-Services Organisations (Command, Control and Discipline) Act, 2023

In force 15 sections Defence

An Act to empower the Commander-in-Chief or the Officer-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.

Act 28 of 2023 Enacted 15 Aug 2023 In force 10 May 2023 Department Department of Military Affairs

Administered by. Ministry of Defence, Department of Military Affairs · Other Acts of 2023

Preamble

THE INTER-SERVICES ORGANISATIONS (COMMAND, CONTROL AND DISCIPLINE) ACT, 2023

ACT NO. 28 OF 2023

[15th August, 2023. ] An Act to empower the Commander-in-Chief or the Officer-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:—

What this Act covers

Summary of The Inter-Services Organisations (Command, Control and Discipline) Act, 2023

Key Provisions

1. Application: - Applies to personnel under specified defence services, with provisions for extension to other forces via Central Government notification.

2. Constitution and Governance: - Central Government constitutes Inter-services Organisations/Joint Services Commands.

• Commander-in-Chief/Officer-in-Command has disciplinary and administrative control.

3. Powers and Responsibilities: - Commander-in-Chief/Officer-in-Command exercises disciplinary powers akin to those in respective Service Acts.

• Central Government retains superintendence over national security and administration.

4. Operational Provisions: - Power to prohibit strikes in essential defence services under specified conditions (public interest, sovereignty, security, public order, decency, morality).

• This Act overrides inconsistent laws.

5. Administrative and Legal: - Central Government empowered to make rules, with rules laid before Parliament.

• Protection for actions taken in good faith.

Structure

• Provisions for Essential Defence Services (Strike Prohibition)

• Special Provisions for Certain Forces

• Governance, Powers, and Administrative Provisions

• Miscellaneous (Rules, Protection, etc.)

Enactment Details

• Act No. 28 of 2023

• Enacted by: Parliament in the Seventy-fourth Year of the Republic of India

• Commencement: As notified Note: The summary reflects the provided legal excerpts without assuming implicit adjustments for a specific year, focusing on the explicit provisions and structure outlined in the new context.

Sections

Type to filter. 15 sections.

  1. 1Short title and commencement
  2. 2Application of Act
  3. 3Definitions
  4. 4Special provision for certain forces under Central Government
  5. 5Constitution of Inter- services Organisation or Joint Services Command
  6. 6Existing Inter-services Organisations and Commander-in-Chief or Officer-in-Command to continue
  7. 7Powers of Commander- in-Chief or Officer-in-Command
  8. 8Commanding Officer
  9. 9Superintendence of Central Government
  10. 10Power to declare persons to be on active service
  11. 11Power to make rules
  12. 12Overriding effect of this Act
  13. 13Protection of action taken in good faith
  14. 14Power to remove difficulties
  15. 15Laying of rules before Parliament

Legislative history

Legislative History: The Inter-Services Organisations (Command, Control and Discipline) Act, 2023 Source: Official Record of Parliament, India Code, and Ministry of Defence Act Title - The Inter-Services Organisations (Command, Control and Discipline) Act, 2023 Act Number - Act No. 28 of 2023 Act ID (India Code) - 202328 Presidential Assent date - August 15, 2023 Enforcement Date - May 10, 2024 Nodal Ministry - Ministry of Defence Precedent & Historical Rationale ● Overcoming Branch-Specific Disciplinary Barriers: Overcomes jurisdictional limitations under individual service statutes (The Army Act, 1950; The Navy Act, 1957; The Air Force Act, 1950) by empowering Commander-in-Chiefs or Officers-in-Command of Inter-Services Organisations to exercise administrative and disciplinary authority over personnel regardless of their parent service. ● Enabler for Jointness and Integrated Theatre Commands: Serves as a foundational legislative stepping stone for military integration, establishing unified command-and-control structures without altering the distinct service conditions, rank structures, or appeal mechanisms of the respective Armed Forces branches. Parliamentary Trajectory & Enactment ● Formulation: Introduced by the Union Minister of Defence, Shri Rajnath Singh, to streamline inter-services administrative efficiency, prevent procedural delays in tri-services establishments, and support the operationalization of integrated theatre commands. ● Parliamentary Passage: Introduced in the Lok Sabha on March 15, 2023; passed by the Lok Sabha on August 4, 2023; and passed by the Rajya Sabha on August 8, 2023. ● Presidential Assent: Received the assent of the President of India on August 15, 2023. ● Enforcement: Enforced on May 10, 2024 .

Related Acts

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Every one of the 15 sections of this Act has its own page. This page is not a substitute for legal advice.