Provisions of Indian Territorial Army Regarding Employability of Territorials

The Provision of Rule 33 of the Territorial Army Act-1948 should not be allowed to prejudice men’s civilian prospects more than it’s absolutely necessary. There have been instances where members of the Territorial Army have approached courts against the provisions of military services under Rule 33 of the Territorial Army Act 1948.

One such case needs a special mention where the Honorable High Court of Allahabad had observed that :-

“An officer of Territorial Army is not under the liability to render continuous military service continuously for a term. In emergent situation, he may be called out to act in support of civil power or to provide essential guards."  [Allahabad High Court, Division Bench 1983, UPLBEC 468 (DB)]

It is pertinent to mention that emergent situation means a state of national emergency officially notified by the Government of India.

A man disabled by wounds cannot be re-instated on a civilian post which requires physical fitness and activity. It is quite reasonable to expect that the respective inconveniences should be nicely estimated by the Territorial Army before any particular form of duty is allocated to him. There are also independent professions where prolonged absence on military duty will have an adverse effect and their competitors will remain at work at home and will get benefit proportionately. There remains much that can be done to minimize the difficulties and mitigate individual cases of hardships. 

Following measures can been adopted :-

• Disablement pension on a generous scale.
• Some system of grants to rebuild on loss of business, or it could be loan without interest.

There should be regular interaction of the employer, employees and the Territorial Army to set a forum of justice, because all three are interested parties and each part-time Territorial Army personnel called up for service or training other than weekly urban training, require to be embodied under the orders of concerned authorities as follows :-

• Recruits of provincial units under Territorial Army Act Rule 19 (a) and recruits of Railway Engineer units under Territorial Army Act Rule 19 (c) for a period of 30 days in a year.
• Recruits of urban units for 4 to 14 consecutive days for recruits training under Territorial Army Act Rule 19 (b) and one day for the purpose of firing Range Course under Territorial Army Act Rule 19 (d).
• Trained soldiers of provincial units for annual training not exceeding two calendar months under Territorial Army Act Rule 20 (1) (a).
• Trained soldiers of urban units for annual training of 60 days including 14 consecutive days annual camp under Territorial Army Act Rule 20 (1) (b) and also for two days in addition for firing range course under Territorial Army Act Rule 20 (1) (d).
• Territorials of provincial units and Railway Engineers units of the Territorial Army will fire annual range course during the annual camps and no separate embodiment is permitted in this case.  Personnel of urban unit may also be embodied for a period not exceeding seven days for the purpose of passing prescribed trade tests under Territorial Army Act Rule 20 (1) (f) but this period will count towards the permissible period of training of 60 days in a year.
• Trained soldiers of Railway Engineer units for annual training for 30 days under Territorial Army Act Rule 20 (1) (c).
• Recruits of General Hospitals (Territorial Army) will carry out 30 days recruit training in the first year and 30 days annual training during the subsequent years.  The training will be carried out in the urban system but with no camp.
• JCOs and OR up to five percent of authorized establishment of the unit for seven days before the commencement and four days after the end of training under Territorial Army Act Rule 20 (1) (e).
• Officers for appearing in test in Hindi for the actual duration of the test under Rule 20 (1) (g) but the period will count towards the annual training. Territorial Army Officers of Infantry for a period not is exceeding 75 days and those of departmental units, viz, Railways and Port, Docks and IWT, for a period not exceeding 30 days within two years from the date of commission for post commission under Territorial Army Act Rule 20-A and B.  This will be in addition to their embodiment for annual training periods.
• Trained soldiers of all Territorial Army units for participating in a ceremonial parade for a period up to four consecutive days under Territorial Army Act Rule 20 (1) (h).  This embodiment may be done on more than one occasion and the period will be in addition to the annual training period of 60 days.
• For voluntary training, as sanctioned by Central Government from time to time under Territorial Army Act Rule 21.
• Territorial Army personnel, by order of the Central Government or by order of such other authority as may be empowered by the Central Government in this behalf, are liable to be called out to act in support of the civil power or to provide essential guards or to be embodied for the purpose of supporting or supplementing the Regular Army under Territorial Army Act Rule.

Transfers (Territorial Army Rule 13)

Transfers of Territorial Army personnel to other Territorial Army units are permissible under the orders of prescribed authority:-

• On application or on change of residence.
• In times of emergencies, compulsory transfer can also be made.
• Persons employed on the permanent staff or embodied under Territorial Army Rule 33 are eligible, on transfer from one unit to another, joining time with pay and allowance as for Regular Army personnel.

Recruit Training (Territorial Army Act Rule 19)

Recruits of urban Territorial Army units are required to undergo training for 32 days in a year including a camp of 4 to 14 days.  In addition these recruits are liable for embodiment for one day in a year for purpose of firing the annual musketry course.  The period of one day of embodiment may be increased to 2 days where the training could not be completed in one day provided that the increased period of one day is within the maximum period of normal training laid down.  Such period of embodiment shall take place only on Sundays or recognized holidays.

The recruits of Railway Engineer Territorial Army units are required to be embodied for recruit training under orders of the Officer Commanding unit / Territorial Army Group Commander for a period of 30 days in any one year.

To know more about the Territorial Army Regulations and Territorial Army Act-1948, readers may follow the following links :-
http://indianarmy.nic.in/WriteReadData/Documents/taregulations.pdf
http://www.lawyersclubindia.com/bare_acts/Territorial-Army-Act-1021.asp

Note: Data compiled from the Territorial Army Act-1948, Territorial Army Regulations and various government authorities which are easily available on internet.

(Published by the team of TERRITORIALS)