S.1 Short title, extent and application

       (1) This Act may be called the Territorial Army Act, 1948.
       (2) It extends to the whole of India {The words " except the State of Hyderabad " inserted by the A.O.1950, were omitted by Act 3 of 1951, section 3 and Schedule} and applies to all classes of persons in the Territorial Army, wherever they may be.

S.2 Definitions

       In this Act, unless there is anything repugnant in the subject or context,-
       (a) "enrolled" means enrolled in the Territorial Army under the provisions of this Act ;
       (b) "officer" means an officer of any of the two classes specified in section 5 ;
       (c) "non-commissioned officer" means a person holding a non-commissioned rank in the Territorial Army, and includes an acting non-commissioned officer ;
       (d) "prescribed" means prescribed by rules made under this Act ;
       1 ['(dd) "public utility service" means any undertaking which supplies power, light, gas or water to the public, or carries on a public transport, or maintains any system of public conservancy or sanitation and which is declared, by notification in

S.3 Constitution of the Territorial Army

       (1) There shall be raised and maintained in the manner hereinafter provided an army to be designated the Territorial Army.
       (2) The Central Government may constitute such number of units of the Territorial Army as it thinks fit and may disband or reconstitute any unit so constituted.

S.4 Personnel of the Territorial Army

       There shall be the following classes of persons in the Territorial Army, namely,-
       (a) officers ; and
       (b) enrolled persons.

S.5 Officers

       Officers in the Territorial Army shall be of the two following classes, namely,-
       (a) officers holding commissions in the Territorial Army granted by the President with designations of rank corresponding to those of Indian commissioned officers {Ins.by the A.O.1950.} [of the Regular Army] ; and
       (b) junior commissioned officers holding commissions in the Territorial Army granted by the President with designations of rank corresponding to those of {Subs.ibid.for " Viceroy's commissioned officers ".} [junior commissioned officers of the Regular Army].

S.6 Persons eligible for enrolment

{Subs.by the A.O.1950 for " Any person domiciled in India ".}[Any person who is a citizen of India] may offer himself for enrolment in the Territorial Army, and may, if he satisfies the prescribed conditions, be enrolled for such period and subject to such conditions as may be prescribed.

S.6(A) Liability of certain persons for compulsory service in the Territorial Army

       1["6A.Liability of certain persons for compulsory service in the Territorial Army
       (1) Without prejudice to the provision contained in section 6, every person employed under the Government or in a public utility service who has attained the age of twenty years but has not completed the age of forty years shall, subject to the other provisions contained in this section and subject to such rules as may be made in this behalf, be liable, when so required to do, to perform service in the Territorial Army.
       (2) Where it appears to the prescribed authority that, having regard to the strength of the Territorial Army or of any unit thereof in any area or place or, having regard to the exigencies of service in the Territorial Army, it is necessary that persons compulsorily liable to perform service in the Territorial Army under sub-section (1) shou

S.7 Liability for military service

       (1) No officer or enrolled person shall be required to perform military service beyond the limits of India save under a general or special order of the Central Government.
       (2) Subject to the provisions of sub-section (1), every officer or enrolled person shall, subject to such conditions as may be prescribed, be bound to serve in any unit of the Territorial Army to which he is for the time being attached, and shall be subject to all the rules made under this Act in relation to such unit.
       (3) Every officer or enrolled person shall be liable to perform military service,-
       (a) when called out in the prescribed manner to act in support of the civil power or to provide essential guards;
       (b) when embodied in the prescribed manner for training or for suppor

S.7(A) Reinstatement in civil employ of persons required to perform military service

       (1) It shall be the duty of every employer by whom a person who is required to perform military service under section 7 was employed to reinstate him in his employment on the termination of the military service in an occupation and under conditions not less favourable to him than those which would have been applicable to him had his employment not been so interrupted :
       Provided that if the employer refuses to reinstate such person or denies his liability to reinstate such person, or if for any reason reinstatement of such person is represented by the employer to be impracticable, either party may refer the matter to the prescribed authority and that authority shall, after considering all matters which may be put before it and after making such further inquiry into the matter as may be prescribed, pass an order-
       (a) exempting the employ

S.7(B) Preservation of certain rights of persons required to perform military service

When any person required to perform military service under section 7 has any rights under any provident fund or superannuation fund or other scheme for the benefit of employees maintained in connection with the employment he relinquishes, he shall continue, so long as he is engaged in military service and if he is reinstated, until such reinstatement under the provisions of this Act, to have in respect of such fund or scheme such rights as may be prescribed.]

S.8 Discharge

       Every person enrolled under this Act shall be entitled to receive his discharge from the Territorial Army on the expiration of the period for which he was enrolled and any such person may, prior to the expiration of that period, be discharged from the said army by such authority and subject to such conditions as may be prescribed :
       Provided that no enrolled person who is for the time being engaged in military service under the provisions of this Act, shall be entitled to receive his discharge before the termination of such service.

S.9 Application of the Army Act, 1950

       (1) Every officer, when doing duty as such officer, and every enrolled person when called out or embodied or attached to {Subs.by the A.O.1950 for " any regular forces ".} [the Regular Army], shall, subject to such adaptations and modifications as may be made therein by the Central Government by notification in the Official Gazette, be subject to the provisions of {Substituted by Act 3 of 1951, section 3 and Schedule, for " the Indian Army Act, 1911 ".} [the Army Act, 1950], and the rules or regulations made thereunder in the same manner and to the same extent as if such officer or enrolled person held the same rank in the Regular Army as he holds for the time being in the Territorial Army..
       (2) When an offence punishable under {Substituted by Act 3 of 1951, section 3 and Sch., for " the Indian Army Act, 1911 ".} [the Army Act, 1950], has been committed by any person whilst subjec

S.10 Summary trial and punishment

       In addition to, or in substitution for, any punishment or punishments to which he may be liable under {Subs.by Act 3 of 1951, s.3 and Sch., for " the Indian Army Act, 1911 ".} [the Army Act, 1950], any enrolled person may be punished either by a criminal Court or summarily by order of the prescribed authority for any offence under that Act or for the contravention of any of the provisions of this Act or of any rules made thereunder with fine which may extend to one hundred rupees to be recovered in such manner and by such authority as may be prescribed :
       Provided that no fine shall be summarily inflicted by order of the prescribed authority in any case in which the accused claims to be tried by a criminal Court.

S.10(a) Punishment for failure to lodge forms duly filled up, etc

       1[Punishment for failure to lodge forms duly filled up, etc.
       If any person fails without sufficient cause -
       (a) to comply with any requisition under sub-section (4) or sub-section (5) of section 6A, or
       (b) to report himself for service when so required to do by the prescribed authority under sub-section (2) of that section, or
       (c) to submit himself to medical or other examination when so called upon to do by the prescribed authority under rules made under this Act.
       he shall be punishable with imprisonment which may extend to three months, or with fine which may extend to two hundred rupees, or with both.".]
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    &n

S.11 Jurisdiction to try offences

No Court inferior to that of a Presidency Magistrate or a Magistrate of the first class shall try any offence made punishable by or under this Act.

S.12 Presumption as to certain documents

Where an enrolled person is required by or in pursuance of any rule made under this Act to attend at any place, a certificate purporting to be signed by the prescribed officer stating that the person so required to attend failed to do so in accordance with such requirement shall, without proof of the signature or appointment of such officer, be evidence of the matters stated therein.

S.13 Persons subject to this Act to be deemed part of regular forces for certain purposes

For the purposes of sections 128, 130 and 131 of the Code of Criminal Procedure, 1898, all officers, non-commissioned officers and other enrolled persons who have been attached to a unit shall be deemed to be officers, non-commissioned officers and soldiers for respectively of the Regular Army.

S.14 Power to make rules

       (1) The Central Government may make rules{For Territorial Army Rules, 1948, see Notification No.252A, dated 12th February, 1949 Gazette of India, 1949, Part I, sec.3, p.205.} 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

S.15 [Repealed]

Repealed by the Repealing and Amending Act, 1950 (35 of 1950), s.2 and Schedule.