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Union of India - Section

Section 38 in The National Cadet Corps Rules, 1948

38. Offences.

- An officer or cadet posted or appointed to a unit or part thereof of the Senior or Junior Division or an applicant for appointment as an officer attached to an Armed Forces unit of preliminary training as specified in sub-rule (3), rule 21, when undergoing training, commits an offence, if he does any of the following acts, namely :-
(1)When on parade, engaged on any service duty, or wearing uniform:-
(a)strikes, or uses or offers violence to, or uses threatening or insubordinate language to, or behaves with contempt towards his superior officer; or
(b)disobeys any standing order of, or lawful command given by, his superior officer; or
(c)neglect to obey a general or unit order, made specially applicable to the National Cadet Corps, by the Officer Commanding the unit to which he belongs; or
(d)is in a state of intoxication; or
(e)being an officer or cadet non-commissioned officer strikes or ill treats any person subject to any law relating to the Armed Forces or to the Act, who is subordinate in rank or position.
(2)without sufficient cause fails to appear at the place of parade at the time fixed or to attend at any place in his capacity as a member of the National Cadet Corps, when duly required so to attend or when on parade without sufficient cause quits the ranks;
(3)without sufficient cause fails to perform any part of the training which by or under the Act he is required to perform;
(4)strikes, or uses of offers violence to any person whether subject to any law relating to the Armed Forces or not in whose custody he is placed, and whether such person is or is not his superior officer;
(5)resists an escort whose duty it is to arrest him or detain him in custody;
(6)being under arrest or detention or otherwise in lawful custody escapes or attempts to escape;
(7)when in charge of any property belonging to any Government of India or to a unit or part thereof of the National Cadet Corps, makes away with, or is concerned in making away with any such property;
(8)willfully injuries, or by culpable neglect loses or causes injuries to any such property as is specified in clause (7) or to property belonging to an Armed Forces unit, institute or mess;
(9)knowingly furnishes a false return or report of the number or state of men under his command or charge, or of any money arms or ammunition, clothing, equipment, stores or other property in his charge;
(10)through design or culpable neglect omits to make or send any return of any matter mentioned in clause (9) which it is his duty to make or send;
(11)when it is his official duty to make a declaration respecting any matter, makes a declaration respecting such matter which he either knows or believes to be false or does not believe to be true;
(12)knowingly makes against any person subject to any law relating to the Armed Forces or to the Act, and accusation which he either knows or believes to be false or does not believe to be true;
(13)falsely personates any other person at any parade or on any occasion when such other person is required by or under the Act to do any act or attend at any place, or abets any such act of pronation.Explanation.- The expression "superior officer" means and includes an officer, Warrant Officer and Non-commissioned Officer, as the case may be, whether subject to any law relating to the Armed Forces or to this Act, superior in rank or position to the person with reference to whom the expression is used.