(1)Every charge against a person subject to the Act shall be heard by the Commandant in the presence of the accused and the proceedings shall be reduced to writing in the form set out in Appendix-V, and the accused shall have full liberty to cross-examine any witness against him, and to call such witness and make such statement as may be necessary for his defence:Provided that where the charge against the accused arises as a result of investigation by a court of inquiry, wherein the provisions of sub-rule (8) of rule 183 have been complied with in respect of that accused, the Commandant may dispense with the procedure in sub-rule (1).(2)Notwithstanding anything contained in sub rule (1) above, a specified officer under section 62 may proceed against an enrolled person if-(a)the charge can be summarily dealt with;(b)the case has not been reserved by the Commandant for disposal by himself; and(c)the accused is not under arrest;and after hearing the charge under sub-rule (1) above, the specified officer may either award any of the punishments which he is empowered to award in the form set out in Appendix-VI, or refer the case to the Commandant for further disposal.(3)The Commandant shall dismiss a charge brought before him if, in his opinion, the evidence does not show that an offence under the Act has been committed, and may do so if, he is satisfied that the charge ought not to be proceeded with:Provided that the Commandant shall not dismiss a charge which he is debarred to try under sub-section (2) of section 96 without reference to superior authority as specified therein:Provided further that, in case of all offences punishable with death, the Commandant shall remand the case for recording of summary of evidence.(4)After compliance of sub-rule (1), if the Commandant is of opinion that the charge ought to be proceeded with, he shall within a reasonable time-(a)dispose of the case under section 62 in accordance with the manner and form in Appendix-VI; or(b)refer the case to the proper superior authority; or(c)adjourn the case for the purpose of having the evidence against the accused, reduced to writing; or(d)order his trial by a Summary Assam Rifles Court:Provided that the Commandant shall not order trial by a Summary Assam Rifles Court without reference to the officer empowered to convene a petty Assam Rifles Court for the trial of the alleged offender unless-(a)the offence is one which he can try by a Summary Assam Rifles Court without any reference to that officer; or(b)he considers that there is grave reason for immediate action and such reference cannot be made without detriment to discipline.(5)Where the evidence taken in accordance with sub-rule (4) of this rule discloses an offence other than the offence which was the subject of the investigation, the Commandant may frame suitable charge(s) on the basis of the evidence so taken as well as the investigation of the original charge.
