Power to make rules

Section 14 of the Territorial Army Act, 1948 deals with power to make rules. The Central Government may make rules to carry out the purposes of this Act. The Act came into force on 10 Sep 1948.

(1) The Central Government may make rules to carry out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may--

¹[(a) prescribe the form under sub-section (4) of section 6A, the particulars that should be furnished therein and which, and the period within which, the form should be lodged;

(aa) prescribe the procedure for requiring persons liable for compulsory service in the Territorial Army to be medically or otherwise examined with a view to determining whether they satisfy the conditions imposed under this Act;]

²[(aaa)] prescribe the manner in which, and the period for which and the conditions subject to which any person may be enrolled under this Act; ³[or may be required to perform compulsory service is the territorial Army]

(b) prescribe the manner in which and the conditions subject to which officers and enrolled persons may be called out for service, or embodied for training or for supporting or for supplementing ⁴[the Regular Army] or attached to ⁵[the Regular Army];

(c) prescribe preliminary and periodical military training, compulsory and voluntary, for any enrolled person and provide for the embodiment of any unit for that purpose;

(d) define the manner in which and the conditions under which any enrolled person may be excused from training ;

⁶[(dd) specify the authority for the purpose of the proviso to sub-section (1) of section 7A and the manner in which any inquiry may be held by him;

(ddd) define the rights under section 7B;]

(e) prescribe the authorities by which and the conditions subject to which enrolled persons may be discharged under section 8;

(f) prescribe the authorities by which offences under this Act may be punished and the fine inflicted may be recovered;

(g) prescribe the officers by whom certificates may be signed under section 12;

(h) generally provide for any other matter which under this Act is to be or may be prescribed.

⁷[(3) Every rule made under this section 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 successive 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 the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only such modified form or be of no effect, 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.]

Section 14, The Territorial Army Act, 1948 (Act 56 of 1948).