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AIR FORCE ACT

Ministry of Law and Justice

Act nº 45 of 1950


  • Chapter 1
  • Chapter II
  • Chapter III
  • Chapter IV
  • Chapter V
  • Chapter VI
  • Chapter VII
  • Chapter VIII
  • Chapter IX
  • Chapter X
  • Chapter XI
  • Chapter XII
  • Chapter XIII
  • Chapter XIV
  • Chapter XV
  • Chapter XVI
  • Act nº 45 of 1950

Preamble

THE AIR FORCE ACT, 1950

(Act, No. 45 of 1950)

[18th May, 1950]

PREAMBLE

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

BE it enacted by Parliament as follows :

Chapter 1

Section 1. Short title and commencement

(1) This Act may be called The Air Force Act, 1950.

(2) It shall come into force on such date1as the Central Government may by notification in the Official Gazette, appoint in this behalf.

1. The date appointed is 22nd July 1950


Section 2. Persons subject to this Act

The following persons shall be subject to this Act wherever they may be, namely .

(a) officers and warrant officers of the Air Force;

(b) persons enrolled under this Act;

1[(c) persons belonging to the Regular Air Force Reserve or the Air Defence Reserve or the Auxiliary Air Force, in the circumstances specified in section 26 of the Reserve and Auxiliary Air Forces Act, 1952;]

(d) persons not otherwise subject to air force law, who, on active service, in camp, on the march, or at any frontier post specified by the Central Government by notification in this behalf, are employed by, or are in the service of, or are followers of, or accompany any portion of the Air Force.

1. Substituted by the Reserve and Auxiliary Air Forces Act, (62 of 1952), S. 35 (1) (15-8-1955).


Section 3. Termination of application of the Act

Every person subject to this Act under clauses (a) to (c) of section 2 shall remain so subject until duly, retired, discharged, released, removed, dismissed or cashiered from the service.

Section 4. Definitions

In this Act, unless the context otherwise requires.--

(i) "active service", as applied to a person subject to this Act, means the time during which such person--

(a) is attached to, or forms part of, a force which is engaged in 'operations against an enemy, or

(b) is engaged in air force operations, or is on the line of march to, a country or place wholly or partly occupied by an enemy, or

(c) is attached to, or forms part of, a force which is in military occupation of any foreign country;

(ii) "aircraft" includes aeroplanes, balloons, kite balloons, airships, gliders or other machines for flying;

(iii) "aircraft material" includes any engines, fittings, guns, gear, instruments or apparatus for use in connection with aircraft, and any of its components and accessories and petrol oil, and any other substance used for providing motive power for planes;

(iv) "Air Force" means officers and airmen who by their commission, warrant, terms of enrolment or otherwise, are liable to render continuously for a term air force service to the Union in every part of the world or any specified part of the world, including persons belonging to1[any Air Force Reserve or the Auxiliary Air Force], when called out on permanent service;

(v) "air force custody" means the arrest or confinement of a person according to the usages of the service and includes military or naval Custody;

(vi) "air force law" means the law enacted by this Act and the rules made thereunder and includes the usages of the service;

(vii) "air force reward" includes any gratuity or annuity for long service or good conduct, badge pay or pension, and any other air force pecuniary reward;

(viii) "airman" means any person subject to this Act other than an officer;

(ix) "air officer" means any officer of the Air Force above the rank of group captain;

(x) "air signal" means any signal intended for the guidance of aircraft, whether given by flag, ground signal, light, wind indicator or in any manner whatsoever;

(xi) "Chief Legal Adviser" means a person appointed as such by2[the Chief of the Air staff] to give advice on matters relating to air force law and to perform such other duties of a legal character as may arise in connection therewith;

(xii) "civil offence" means an offence which is triable by a criminal court;

(xiii) "civil prison" means any jail or place used for the detention of any criminal prisoner under the Prisons Act, 1894, or under any other law for the time being in force;

3[(xiv) "Chief of the Air Staff means the officer commanding the Air force;]

(xv) "commanding officer" used in relation to a person subject to this Act, means the officer for the time being in command of the unit or detachment to which such person belongs or is attached;

(xvi) "court-martial" means a court-martial held under this Act;

(xvii) "criminal court" means a court of ordinary criminal justice in any part of India,4[* * * * *;]

(xviii) "enemy" includes all armed mutineers, armed rebels, armed rioters, pirates and any person in arms against whom it is the duty of any person subject to air force law to act;

(xix) "the Forces" means the regular Army, Navy and Air Force or any part of any one or more of them;

(xx) "non-commissioned officer" means a person holding a non-commissioned rank or an acting non-commissioned rank in the Air Force, and includes any person holding a non-commissioned rank or an acting non-commissioned rank in3[any Air Force Reserve or the Auxiliary Air Force] when subject to this Act;

(xxi) "notification" means a notification published in the Official Gazette,

(xxii) "offence," means any act or omission punishable under this Act and includes a civil offence, as hereinbefore defined;

(xxiii) "officer" means a person commissioned, gazetted or in pay as an officer in the Air Force, and includes--

(a) an officer of3[any Air Force Reserve or the Auxiliary Air Force] who is for the time being subject to this Act;

(b) in relation to a person subject to this Act when serving under such conditions as may be prescribed, an officer of the regular Army or the Navy;

but does not include a junior commissioned officer, warrant officer, petty officer or non-commissioned officer;

(xxiv) "prescribed" means prescribed by rules made under this Act;

(xxv) "provost-marshal" means a person appointed as such under section 108 and includes any of his deputies or assistants or any other person legally exercising authority under him or on his behalf;

(xxvi) "regulation" includes a regulation made under this Act;

(xxvii) "superior officer", when used in relation to a person subject to this Act, includes a warrant officer and a non-commissioned officer, and as regards persons serving under such conditions as may be prescribed, an officer, junior commissioned officer, warrant officer, petty officer and non-commissioned officer of the regular Army or the Navy;

(xxviii) "unit" includes--

(a) any body of officers and airmen for which a separate authorised establishment exists;

(b) any separate body of persons subject to this Act employed on any service and not attached to a unit as aforesaid;

(c) any other separate body of persons composed wholly or partly of persons subject to this Act, and specified as a unit by the Central Government;

(xxix) "warrant officer" means a person appointed, gazetted or in pay as a warrant officer of the Air Force and includes an acting warrant officer, a master warrant officer, and a warrant officer of3[any Air Force Reserve or the Auxiliary Air Force] who is for the time being subject to this Act;

(xxx)5[all words (except the word India)] and expressions used herein and defined in the Indian Penal Code and not hereinbefore defined shall be deemed to have the meanings respectively assigned to them by that Code.

1. Substituted for the words "the Indian Air Force Volunteer Reserve" by the Reserve and Auxiliary Air Forces Act, (62 of 1952J, Sec. 35 (ii) (15-8-1955).

2. Substituted for the words "the Commander-in-Chief" by the Command-ers-in-Chief (Change in Designation) Act, 1955 (19 of 1955), Sec. 2 and Sch. (7-5-1955).

3. Clause (xiv) was substituted by the Command-ers-in-Chief (Change in Designation) Act, 1955 (19 of 1955), Sec. 2 and Sch. (7-5-1955).

4. Omitted by the Air Force and Army Laws (Amdt.) Act (13 of 1975), S. 2 (29-3-1975)

5. Substituted for the words "all words" by the Air Force and Army Laws (Amdt.) Act (13 of 1975), S. 2 (29-3-1975).


Chapter II

Section 5. Application of Act to certain forces under the Central Government

(1) The Central Government may, by notification, apply, with or without modifications, all or any of the provisions of this Act to any force raised and maintained in India and suspend the operation of any other enactment for the time being applicable to the said force.

(2) The provisions of this Act so applied shall have effect in respect of persons belonging to the said force as they have effect in respect of persons subject to this Act holding in the Air Force the same or equivalent rank as the aforesaid persons hold for the time being in the said Force.

(3) The provisions of this Act so applied shall also have effect in respect of persons who are employed by, or are in the service of, or are followers of, or accompany any portion of the said force as they have effect in respect of persons subject to this Act under clause (d) of section 2.

(4) While any of the provisions of this Act apply to the said force, the Central Government may, by notification, direct by what authority any jurisdiction, powers or duties incident to the operation of these provisions shall be exercised or performed in respect of the said force.

Section 6. Special provision as to rank in certain cases

(1) The Central Government may, by notification, direct that any person or class of persons subject to this Act under clause (d) of section 2, shall be so subject as officers, warrant officers or non-commissioned officers, and may authorise any officer to give a like direction and to cancel such direction.

(2) All persons subject to this Act other than officers, warrant officers and non-commissioned officers shall, if they are not persons in respect of whom a notification or direction under sub-section (1) is in force, be deemed to be of rank inferior to that of a non-commissioned officer.

Section 7. Commanding Officer of person subject to Air Force law under clause (d) of section 2

(1) Every person subject to this Act, under clause (d) of section 2, shall, for the purposes of this Act, be deemed to be under the commanding officer of the unit, or detachment, if any, to which he is attached, and if he is not so attached under the command of any officer who may for the time being be named as his commanding officer by the officer commanding the force with which such person may for the time being be serving, or of any other prescribed officer, or, if no such officer is named or prescribed, under the command of the said officer commanding the Force.

(2) An officer commanding a force shall not place a person subject to this Act under clause (d) of section 2 under the command of an officer of official rank inferior to that of such person if there is present at the place where such person is any officer of higher rank under whose command he can be placed.

Section 8. Officer exercising powers in certain cases

(1) Whenever persons subject to this Act are serving under an officer commanding any air force formation not in this section specifically named, and being, in the opinion of the Central Government, not less than a squadron, the said Government may prescribe the officer by whom the powers which, under this Act, may be exercised by Air officers in charge of commands, and officers commanding groups, wings and squadrons shall, as regards such persons, be exercised.

(2) The Central Government may confer such powers either absolutely, or subject to such restrictions, reservations, exceptions and conditions as it may think fit.

Section 9. Power to declare persons to be on active service

Notwithstanding anything contained in clause (i) of section 4, the Central Government may, by notification, declare that any person or class of persons subject to this Act shall, with reference to any area in which they may be serving or with reference to any provision of this Act or of any other law for the time being in force be deemed to be on active service within the meaning of this Act.

Chapter III

Section 10. Commission and appointment

The President may grant, to such person as he thinks fit a commission as an officer or appoint any person as a warrant officer of the Air Force.

Section 11. Ineligibility of aliens for enrolment

No person who is not a citizen of India shall, except with the consent of the Central Government signified in writing, be enrolled in the Air Force;

Provided that nothing contained in this section shall bar the enrolment of the subjects of Nepal in the Air Force.