Page 27 - Microsoft Word - NCC Book.doc

(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 personation.

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.

39. Disposal of offences.-(1) A charge made against an officer or an
applicant for appointment as an officer for any offence specified in rule 38
shall after investigation by the Officer Commanding an Armed Forces unit to
which the offender is attached for training or by the Officer Commanding the
unit to which the offender belong or by the Headmaster of the school which is
providing the unit or part thereof of the Junior Division to which the offender
belongs, be dealt with by him in one or other of the following ways, that is to
say, he may :-

(a) dismiss the charge if no offence is disclosed by the evidence, or if in
his opinion the charge ought not to be proceeded with ; or

(b) dispose of the case summarily ; or

(c) take steps for brining the offender to trial by a criminal court ; or

(d) refer the matter to superior authority for instruction, and act in
accordance with the instructions so received.

(2) A charge made against a cadet non-commissioned officer or cadet,
of any offence specified in rule 38, shall after investigation by the Officer
Commanding an Armed Forces unit to which the offender is attached for
training or by Officer Commanding the unit to which the offender belongs or
by the Headmaster of the school providing a unit or part thereof of the Junior
Division to which the offender belongs, be dealt with by him in one or other of
the following ways, that is to say, he may :-