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Union of India - Section

Section 40 in The National Cadet Corps Rules, 1948

40. Summary reduction and punishments.-(1) The Secretary, Ministry of Defence, Government of India may award any of the following punishments to an officer or an applicant for appointment as an officer :-

(a)dismissal from the Corps;(b)reduction to a lower rank;(c)forfeiture of seniority or service for the purpose of promotion for a period not exceeding twenty four months;(d)severe reprimand or reprimand;(e)forfeiture, in the case of an officer punished with dismissal, of arrears of pay and allowances and other public money due to him at the time of such dismissal;(f)stoppage of pay and allowances until any proved loss or damage occasioned by the offence of which the offender is charged is made good;(g)fine not exceeding rupees fifty.
(2)An officer having power not less than that of a Sub-Area or equivalent commander of the Indian Navy or Indian Air Force or the State Forces may award any of the following punishments to an officer or an applicant for appointment as an officer or a cadet non-commissioned officer, attached to an Armed Forced unit for training :-
(a)forfeiture of seniority or service for the purpose of promotion for a period not exceeding twelve months;
(b)dismissal from the Corps, in the case of an applicant for appointment as an officer;
(c)severe reprimand or reprimand;
(d)stoppages of pay and allowances until any proved loss or damage occasioned by the offence of which the offender is charge is made good;
(e)reduction, in the case of a cadet non-commissioned officer, to a lower grade or class or to the ranks as a cadet :
Provided that a cadet non-commissioned officer reduced to the rank of cadet shall not continue to be attached to the Armed Forces unit for training.
(3)[The Secretary of the Department governing the National Cadet Corps organisation in the State or the Vice-Chancellor of a University or the Director of Public Instruction, or the Head of the Department controlling a particular College or Institution, empowered in this behalf by the State Government, may award any of the following punishments :] [Substitued by S.R.O. 290, dated 4th July, 1952, Part II, Section 4, page 261]
(a)In the case of an officer :-
(i)forfeiture of seniority or service for the purpose of promotion for a period not exceeding twelve months;
(ii)severe reprimand or reprimand;
(iii)stoppages of pay and allowances until any proved loss or damage occasioned by the offence of which the offender is charged is made good;
(iv)fine not exceeding rupees ten.
(b)In the case of a cadet non-commissioned officer;-
(i)dismissal from the Corps :
(ii)reduction to a lower grade or class or place in the list of his rank or a lower rank or to the rank as a cadet.
Provided that a cadet senior under-officer or cadet under officer shall not be required to serve in the unit or part there of as a cadet.
(iii)severe reprimand or reprimand;
(iv)fine not exceeding rupees twenty.
(c)In the case of a cadet :-
(i)dismissal from the Corps;
(ii)severe reprimand or reprimand;
(iii)fine not exceeding rupees thrity.
(4)An officer commanding an Armed Forces unit to which a person subject to the Act is attached for training or an Officer Commanding the unit may award any of the following punishment :-
(a)In the case of an officer, below the rank of Captain, Flight Lieutenant or First Officer :-
(i)admonishment;
(ii)extra duties not exceeding two.
(b)In the case of an applicant for appointment as an officer :-
(i)severe reprimand or reprimand;
(ii)admonishment;
(iii)extra parades and duties not exceeding two.
(c)In the case of a cadet non-commissioned officer :-
(i)reduction, in the case of a cadet non-commissioned officer above the rank of sergeant to a lower grade or rank, and in the case of other cadet non-commissioned officers, to a lower grade or rank or to the ranks;
Provided that a cadet senior under-officer and cadet under-officer shall not be required to serve in the unit or part thereof below the rank of cadet Sergeant.
(ii)severe reprimand or reprimand;
(iii)extra parades and duties not exceeding three;
(iv)admonishment.
(d)In the case of a cadet :-
(i)severe reprimand or reprimand;
(ii)extra parades not exceeding three;
(iii)extra guards and picquets not exceeding two for offences on those duties;
(iv)confinement to the lines for a period not exceeding seven days during the annual training camp;
(v)fine not exceeding rupees ten by the Officer Commanding the Senior Division unit only.
(5)An officer in command of a sub-unit of the Senior Division may award to enrolled persons appointed to his sub-unit any of the following punishments :-
(a)In the case of a cadet Sergeant and cadet Corporals :-
(i)extra duties not exceeding two;
(ii)admonishment.
(b)In the case of cadet Lance Corporals :-
(i)reduction to the ranks as a cadet;
(ii)severe reprimand or reprimand;
(iii)extra duties not exceeding two;
(iv)admonishment.
(c)In the case of a Cadet :-
(i)severe reprimand or reprimand;
(ii)extra parades not exceeding three;
(iii)extra guards and picquets not exceeding two for offences on those duties;
(iv)confinement to the lines for a period not exceeding three days during the annual training camp.
(6)A Headmaster of a school, providing a unit or part thereof of the Junior Division, may award to persons posted or appointed to his unit any of the following punishments :-
(a)In the case of an officer :-
(i)admonishment;
(ii)stoppages out of the annual honorarium until any proved loss or damage occasioned by the offence of which the offender is charged is made good.
Explanation.- When an officer commits and offence, which in the opinion of the Headmaster requires that the officer should not serve with the unit or part thereof until the orders of the Superior Authority have been obtained, he shall immediately suspend the officer and order him not to serve with the unit or part thereof until such orders have been received.
(b)In the case of a cadet non-commissioned officer and cadets :-
(i)dismissal from the Corps;
(ii)reduction, in the case of a cadet non-commissioned officer to a lower rank or to the ranks as a cadet :
Provided that a cadet Troop Leader shall not be required to serve in the unit or part thereof as a cadet.
(iii)severe reprimand or reprimand;
(iv)admonishment.
(7)An officer placed in command of a unit or sub-unit of the Junior Division may award to enrolled persons appointed to his sub-unit any of the following punishments :-
(a)In the case of cadet non-commissioned officer :-
(i)reduction, except of a cadet Troop Leader, to a lower rank or to the ranks as a cadet;
(ii)severe reprimand or reprimand;
(iii)extra duties not exceeding two;
(iv)confinement to the lines for a period not exceeding three days during the annual training camp.