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ARMY ACT

Ministry of Law and Justice

Act nº 46 of 1950


  • Chapter I
  • 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
  • Schedules
  • Act nº 46 of 1950

Preamble

THE ARMY ACT, 1950

[Act, No. 46 of 1950]

[20th May, 1950]

PREAMBLE

An Act to consolidate and amend the law relating to the government of the regular Army.

Be it enacted by Parliament as follows:--

Chapter I

Section 1. Short title and commencement

( 1) This Act may be called the Army 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 . Came into force on 22 - 7 - 1950 . Vide S.R.O. 120. d ated 22 nd July, 1950, published in the Gazelle of India, Pt. II, See. 4, p. 86 .


Section 2. Persons subject to this Act

(1) The following persons shall be subject tothis Act wherever they may be, namely:--

(a)officers, junior commissioned officers and warrant officers of the regularArmy;

(b)persons enrolled under this Act;

(c)persons belonging to the Indian Reserve Forces;

(d)persons belonging to the Indian Supplementary Reserve Forces when called outfor service or when carrying out the annual test;

(e)officers of the Territorial Army, when doing duty as such officers, andenrolled persons of the said Army when called out or embodied or attached toany regular forces, subject to such adaptations and modifications as maybe made in the application of this Act to such persons under sub-section(1)of section 9 of the Territorial Army Act,1948 (56 of 1948);

(f)persons holding commissions in the Army in India Reserve of Officers, when ordered onany duty or service for which they are liable as members of such reserve forces:

(g)officers appointed to the Indian Regular Reserve of Officers, when ordered onany duty or service for which they are liable as members of such reserve forces;

1 [***]

(i)persons not otherwise subject to military law who, onactive service, in camp, on the march or at any frontier post specified by theCentral Government by notification in this behalf, are employed by, or are inthe service of, or are followers of, or accompany any portion of, the regularArmy.

(2) Everyperson subject to this Act under clauses (a) to2 [(g)] of sub-section(1) shallremain so subject until duly retired, discharged, released,removed, dismissed or cashiered from the service.

1. Clause(h) omitted by the Adaptation of Laws (No. 3) Order, 1956.

2.Substituted by the Adaptation of Laws(No. 3) Order, 1956,for "(b)".


Section 3. Definitions

In (his 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 military operations in, 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 a foreign country;

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

(iii) "civil prison" means any jail or place used for the detention of any criminal prisoner under the Prisons Act, 1894 (9 of 1894), or under any other law for the time being in force;

1 [(iv) "Chief of the Army Staff" means the officer commanding the regular army;]

(v) "commanding officer", when used in" any provision of this Act, with ref­erence to any separate portion of the regular army or to any department thereof, means the officer whose duty it is under (he regulations of the regular Army, or in the absence of any such regulations, by the custom of the service, to discharge with respect to that portion of the regular Army or that department, as the case may be, the functions of a commanding officer in regard to matters of the description referred to in that provision;

(vi) "corps" means any separate body of persons subject to this Act, which is prescribed as a corps for the purposes of all or any of the provisions of this Act;

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

(viii) "criminal court" means a court of ordinary criminal justice in any part of India, 2 [***]

(ix) "department" includes any division or branch of a department;

(x) "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 military law to act;

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

(xii) "junior commissioned officer" means a person commissioned, gazetted or in pay as a junior commissioned officer in the regular Army or the Indian Reserve Forces, and includes a person holding a junior commission in the Indian Supplementary Reserve Forces, or the Territorial Army, 3 [***] who is for the time being subject to this Act;

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

(xiv) "military reward" includes any gratuity or annuity for long service or good conduct, good service pay or pension, and any other military pecuniary reward;

(xv) "non-commissioned officer" means a person holding a non-commissioned rank or an acting non-commissioned rank in the regular Army or the Indian Reserve Forces, and includes a non-commissioned officer or acting non­commissioned officer of the Indian Supplementary Reserve Forces or the Territorial Army, 4 [***] who is for the time being subject to this Act;

(xvi) "notification" means a notification published in the Official Gazette;

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

(xviii)"officer" means a person commissioned, gazetted or in pay as an officer in the regular Army, and includes--

(a) an officer of the Indian Reserve Forces;

(b) an officer holding a commission in the Territorial Army granted by the President with designation of rank corresponding to that of an officer of the regular Army who is for the time being subject to this Act;

(c) an officer of the Army in India Reserve of Officers who is for the time being subject to this Act;

(d) an officer of the Indian Regular Reserve of Officers who is for the time being subject to this Act;

5[(e) ***]

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

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

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

(xx) "provost-marshal" means a person appointed as such under section 107 and includes any of his deputies or assistants or any other person legally exercising authority under him or on his behalf;

(xxi) "regular Army" means officers, junior commissioned officers, warrant officers, non-commissioned officers and other enrolled persons who, by their com­mission, warrant, terms of enrolment or otherwise are liable to render con­tinuously for a term military service to the Union in any part of the world, including persons belonging to the Reserve Forces and the Territorial Army when called out on permanent service;

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

(xxiii) "superior officer", when used in relation to a person subject to this Act, includes a junior commissioned officer, warrant officer and a non-commis­sioned officer, and, as regards persons placed under his orders, an officer, warrant officer, petty officer and non-commissioned officer of the Navy or Air Force;

(xxiv) "warrant officer" means a person appointed, gazetted or in pay as a warrant officer of the regular Army or of the Indian Reserve Forces, and includes a warrant officer of the Indian Supplementary Reserve Forces or of the Territorial Army 4 [***] who is for the time being subject to this Act;

(xxv) 6 [ all words (except the word "India")] and expressions used but not defined in this Act and defined in the Indian Penal Code (45 of 1860) shall be deemed to have the meanings assigned to them in that Code.

1. Substituted by Act 19 of 1955. sec. 2 and Sch., for the original clause.

2. The words "other than the State of Jammu and Kashmir" omitted by Act 13 of 1975, sec. 3.

3. The words "or a junior or equivalent commission in the land forces of a Part BState" omitted by the Adaptation of Laws (No. 3) Order, 1956.

4. The words "or the land forces of a Part BState" omitted by the Adaptation of Laws (No. 3) Order, 1956

5. Sub-clause (e) omitted by the Adaptation of Laws (No. 3) Order, 1956.

6. Substituted by Act 13 of 1975, sec. 3. for "all words".


Chapter II

Section 4. Application of Act to certain forces under Central Government

(1) The Central Government may, bynotification, apply, with or without modifications, all or any of theprovisions of this Act to any force raised and maintained in India under theauthority of that Government 1 [***] and suspend the operationof any other enactment for the time being applicable to thesaid force.

(2) Theprovisions of this Act so applied shall have effect in respect ofpersons belonging to the said force as they have effect in respect of persons subject tothis Act holding in the regular Army the same or equivalent rank as theaforesaid persons hold for the time being in the said force.

(3) Theprovisions of this Act so applied shall also have effect inrespect of persons who are employed by or are in the service of or arefollowers of or accompany any portion of the said force as they have effect inrespect of persons subject to this Act under2 [clause(i) of sub-section (1) of section 2].

(4)While any of the provisions of this Act apply to the said force, the CentralGovernment 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 saidforce.

1. Thewords "including any force maintained by a Part BState" omitted by the Adaptation of Laws (No. 3) Order, 1956.

2.Substituted by Act 56 of 1974. sec.3 and Sch. II, for "clause (i) of section 2".


Section 5. Application of Act to forces of Part B States [Repealed]

[Rep. by the Adaptation of Laws (No.3) Order, 1956.]

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 under1[clause (i) of sub-section ( 1) of section 2] shall be so subject as officers, junior commissioned 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, junior commissioned 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.

1. Substituted by Act 56 of 1974, sec. 3 and Sch. II, for "clause (i) of section 2".


Section 7. Commanding officer of persons subject to military law under clause (i) of section 2

( 1) Every person subject to this Act under 1[clause (i) of sub-section ( 1) of section 2] shall, for the purposes of this Act, be deemed to be under the commanding officer of the corps, department 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 for the time being is serving, or 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 under1[clause (i) of sub-section ( 1) of section 2] under the command of an officer of rank inferior to that of such person, if there is present at the place where such person is any officer of a higher rank under whose command he can be placed.

1. Substituted by Act 56 of 1974, sec. 3 and Sch. II, for "clause (i) of section 2".


Section 8. Officers exercising powers in certain cases

(1) Whenever persons subject to this Act are serving under an officer commanding any military organisation, not in this section specifically named and being in the opinion of the Central Government not less than a brigade, that Government may prescribe the officer by whom the powers, which under this Act may be exercised by officers commanding armies, army corps, divisions and brigades, 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 3, 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 as a junior commissioned officer or appoint any person as a warrant officer of the regular Army.

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 regular Army:

Provided that nothing contained in this section shall bar the enrolment of the subjects of Nepal in the regular Army.