Bare Acts

The Air Force Act, 1950

An Act to consolidate and amend the law relating to the government of the Air Force.

वायु सेना अधिनियम, 1950

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Act Details

Act Number:

Act Year:

1950

Location:

Enactment Date:

5/18/1950

Enforcement Date:

22-07-1950

Ministry:

Ministry of Defence

Department:

Department of Military Affairs

Full List of Sections

PRELIMINARY

Section 1 to Section 4

Section 1

Short title and commencement.

Section 2

Persons subject to this Act.

Section 3

Termination of application of the Act.

Section 4

Definitions.

SPECIAL PROVISIONS FOR THE APPLICATION OF ACT IN CERTAIN CASES

Section 5 to Section 9

Section 5

Application of Act to certain forces under the Central Government.

Section 6

Special provision as to rank in certain cases.

Section 7

Commanding Officer of person subject to Air Force law under clause (d) of section 2.

Section 8

Officers exercising powers in certain cases.

Section 9

Power to declare persons to be on active service.

COMMISSION, APPOINTMENT AND ENROLMENT

Section 10 to Section 17

Section 10

Commission and appointment.

Section 11

Ineligibility of aliens for enrolment.

Section 12

Ineligibility of females for enrolment or employment.

Section 13

Procedure before enrolling officer.

Section 14

Mode of enrolment.

Section 15

Validity of enrolment.

Section 16

Persons to be attested.

Section 17

Mode of attestation.

CONDITIONS OF SERVICE

Section 18 to Section 24

Section 18

Tenure of service under the Act.

Section 19

Termination of service by Central Government.

Section 20

Dismissal, removal or reduction by Chief of the Air staff and other officers.

Section 21

Power to modify certain fundamental rights in their application to persons subject to this Act.

Section 22

Retirement, release or discharge.

Section 23

Certificate on termination of service.

Section 24

Discharge or dismissal when out of India.

SERVICE PRIVILEGES

Section 25 to Section 33

Section 25

Authorised deductions only to be made from pay.

Section 26

Remedy of aggrieved airmen.

Section 27

Remedy of aggrieved officers.

Section 28

Immunity from attachment.

Section 29

Immunity from arrest for debt.

Section 30

Immunity of persons attending courts-martial from arrest.

Section 31

Privileges of reservists.

Section 32

Priority in respect of Air Force personnel's litigation.

Section 33

Saving of rights and privileges under other laws.

OFFENCES

Section 34 to Section 72

Section 34

Offences in relation to the enemy and punishable with death.

Section 35

Offences in relation to the enemy and not punishable with death.

Section 36

Offences punishable more severely on active service than at other times.

Section 37

Mutiny.

Section 38

Desertion and aiding desertion.

Section 39

Absence without leave.

Section 40

Striking or threatening superior officer.

Section 41

Disobedience to superior officer.

Section 42

Insubordination and obstruction.

Section 43

Fraudulent enrolment.

Section 44

False answers on enrolment.

Section 45

Unbecoming conduct

Section 46

Certain forms of disgraceful conduct.

Section 47

III-treating a subordinate

Section 48

Intoxication.

Section 49

Permitting escape of person in custody.

Section 50

Irregularity in connection with arrest or confinement.

Section 51

Escape from custody.

Section 52

Offences to respect of property.

Section 53

Extortion and corruption.

Section 54

Making away with equipment

Section 55

Injury to property.

Section 56

False accusation.

Section 57

Falsifying official documents and false declaration.

Section 58

Signing in blank and failure to report.

Section 59

Offences relating to courts-martial.

Section 60

False evidence

Section 61

Unlawful detention of pay.

Section 62

Offences in relation to aircraft and flying

Section 63

Other offences relating to aircraft and flying.

Section 64

Disobedience of lawful command of captain of aircraft.

Section 65

Violation of good order and air force discipline.

Section 66

Miscellaneous offences.

Section 67

Attempt.

Section 68

Abetment of offences that have been committed.

Section 69

Abetment of offences punishable with death and not committed.

Section 70

Abetment of offences punishable with imprisonment and not committed.

Section 71

Civil offences

Section 72

Civil offences not triable by court-martial.

PUNISHMENTS

Section 73 to Section 90

Section 73

Punishments awardable by courts-martial.

Section 74

Alternative punishments awardable by court-martial.

Section 75

Combination of punishments.

Section 76

Cashiering of officers

Section 77

Field punishment.

Section 78

Position of field punishment in scale of punishments

Section 79

Result of certain punishments in the case of a warrant officer or a non-commissioned officer

Section 80

Retention in the ranks of a person convicted on active service.

Section 81

Punishments otherwise than by court-martial

Section 82

Punishment of persons other than officers and warrant officers.

Section 83

Requirement of sanction in certain cases

Section 84

Limit of punishments under section 82.

Section 85

Punishments in addition to those specified in section 82

Section 86

Punishment of officers and warrant officers.

Section 87

Transmission of proceedings.

Section 88

Review of proceedings

Section 89

Superior air force authority

Section 90

Collective fines.

PENAL DEDUCTIONS

Section 91 to Section 101

Section 91

Deductions from pay and allowances of officers.

Section 92

Deductions from pay and allowances of airmen

Section 93

Computation of time of absence of custody.

Section 94

Pay and allowances daring trial.

Section 95

Limit of certain deductions.

Section 96

Deduction from public money due to a person.

Section 97

Pay and allowances of prisoner of war during inquiry into his conduct.

Section 98

Remission of deductions.

Section 99

Provision for dependants of prisoner of war from remitted deductions.

Section 100

Provision for dependants of prisoner of war from his pay and allowances.

Section 101

Period during which a person is deemed to be a prisoner of war

ARREST AND PROCEEDINGS BEFORE TRIAL

Section 102 to Section 108

Section 102

Custody of offenders

Section 103

Duty of commanding officer in regard to detention.

Section 104

Interval between committal and court-martial

Section 105

Arrest by civil authorities.

Section 106

Capture of deserters.

Section 107

Inquiry into absence without leave.

Section 108

Provost-marshals.

COURTS-MARTIAL

Section 109 to Section 126

Section 109

Different kinds of courts-martial.

Section 110

Power to convene a general court-martial.

Section 111

Power to convene a district court-martial.

Section 112

Contents of warrants issued under sections 110 and 111

Section 113

Power to convene a summary general court-martial.

Section 114

Composition of general court-martial.

Section 115

Composition of district court-martial.

Section 116

Composition of summary general court-martial.

Section 117

Dissolution of court-martial.

Section 118

Powers of general and summary general courts-martial.

Section 119

Powers of district Court-martial.

Section 120

Prohibition of second trial.

Section 121

Period of limitation for trial.

Section 122

Liability of offender who ceases to be subject to Act.

Section 123

Place of trial

Section 124

Choice between criminal court and court-martial.

Section 125

Power of criminal court to require delivery of offender.

Section 126

Successive trials by a criminal, court and a court-martial.

PROCEDURE OF COURTS-MATRIAL

Section 127 to Section 151

Section 127

Presiding Officer.

Section 128

Judge Advocate.

Section 129

Challenges

Section 130

Oaths of member, Judge advocate and witness.

Section 131

Voting by members

Section 132

General rule as to evidence.

Section 133

Judicial notice.

Section 134

Summoning witnesses

Section 135

Documents exempted from production.

Section 136

Commissions for examination of witnesses.

Section 137

Examination of a witness on commission.

Section 138

Conviction of offence not charged.

Section 139

Presumption as to signatures.

Section 140

Enrolment paper.

Section 141

Presumption as to certain documents.

Section 142

Reference by accused to Government officer.

Section 143

Evidence of previous convictions and general character

Section 144

Lunacy of accused

Section 145

Subsequent fitness of lunatic accused for trial.

Section 146

Transmission to Central Government of orders under section 145.

Section 147

Release of lunatic accused.

Section 148

Delivery of lunatic accused to relatives

Section 149

Order for custody and disposal of property pending trial

Section 150

Order for disposal of property regarding which offence is committed

Section 151

Powers of courts-martial when certain offences are committed by persons not subject to this Act.

CONFIRMATION AND REVISION

Section 152 to Section 162

Section 152

Finding and sentence not valid, unless confirmed.

Section 153

Power to confirm finding and sentence of general court-martial.

Section 154

Power to confirm finding and sentence of district court-martial.

Section 155

Limitation of powers of confirming authority

Section 156

Power to confirm finding and sentence of summary general courts- martial.

Section 157

Power of confirming authority to mitigate, remit or commute sentences.

Section 158

Confirming of findings and sentences on board a ship.

Section 159

Revision of finding or sentence.

Section 160

Alteration of finding or sentence in certain cases

Section 161

Remedy against order, finding or sentence of court-martial.

Section 162

Annulment of proceedings.

EXECUTION OF SENTENCES

Section 163 to Section 176

Section 163

Form of sentence of death

Section 164

Commencement of sentence of transportation or imprisonment.

Section 165

Execution of sentence of transportation.

Section 166

Execution of sentence of imprisonment.

Section 167

Temporary custody of offender.

Section 168

Execution of sentence of imprisonment in special cases.

Section 169

Conveyance of prisoner from place to place.

Section 170

Execution of sentence of detention.

Section 171

Communication of certain orders to prison officers.

Section 172

Execution of sentence of fine

Section 173

Establishment and regulation of air force prisons.

Section 174

Informality or error in the order or warrants.

Section 175

Power to make rules in respect of prisons and prisoners.

Section 176

Restriction of rule-making power in respect to corporal punishment.

PARDONS REMISSIONS AND SUSPENSIONS

Section 177 to Section 188

Section 177

Pardon and remission.

Section 178

Cancellation of conditional pardon, release on parole or remission.

Section 179

Reduction of warrant officer or non-commissioned officer

Section 180

Suspension of sentence of transportation, imprisonment or detention.

Section 181

Orders pending suspension.

Section 182

Release on suspension.

Section 183

Computation of period of suspension.

Section 184

Order after suspension.

Section 185

Reconsideration of case after suspension

Section 186

Fresh sentence after suspension.

Section 187

Scope of power of suspension

Section 188

Effect of suspension and remission on dismissal.

RULES

Section 189 to Section 192

Section 189

Power to make rules.

Section 190

Power to make regulations

Section 191

Publication of rules and regulations in Gazette.

Section 191A

Laying of rules and regulations before Parliament.

Section 192

Repealed.

TRANSITORY PROVISIONS

Section 193 to Section 194

Section 193

Definition of British officer.

Section 194

Powers of British officer.