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RESERVE AND AUXILIARY AIR FORCES ACT

Ministry of Law and Justice

Act nº 62 of 1952


  • Chapter I
  • Chapter II
  • Chapter III
  • Chapter IV
  • Chapter V
  • Chapter VI
  • Act nº 62 of 1952

Preamble

THE RESERVE AND AUXILIARYAIR FORCES ACT, 1952

[Act, No. 62 of 1952]

[22nd August, 1952]

PREAMBLE

An Act to provide for the constitution and regulation of certain Air Force Reserves and also an Auxiliary Air Force and for matters connected therewith.

BE it enacted by Parliament as follows :--

Chapter I

Section 1. Short title, extent and commencement

(1) This Act may be called the Reserve and Auxiliary Air Forces Act, 1952.

(2) It extends to the whole of India.

(3) This Chapter shall come into force at once, and the remaining provisions shall come into force on such date1as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions.

1 . 15th August, 1955, was appointed as the date on which Chapters II and III of the Act and the provisions of Chapters V and VI thereof except in so far as they relate to the Auxiliary Air Force came into force.


Section 2. Definitions

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

(a) "Air Force Reserve" means any of the Air Force Reserves raised and maintained under this Act;

(b) "competent authority" means an air officer or a committee consisting of two or more air officers appointed under section 3;

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

(d) all other words and expressions used herein and defined in the Air Force Act, 1950 and not hereinbefore defined shall have the meanings respectively assigned to them by that Act.

Section 3. Appointment of competent authority

The Central Government may, by notification in the Official Gazette, appoint an air1 officer or a committee consisting of two or more air officers to perform all or any of the functions of the competent authority under this Act for such area as may be specified in the notification.

1. Air Officer-in-charge Administration, Air H.Q. appointed to perform all the functions of the Competent Author­ity under the Act for the whole of India-


Chapter II

Section 4. Constitution of Regular Air Force Reserve

The Central Government may raise and maintain in the manner hereafter in this Chapter provided an Air Force Reserve to be designated the Regular Air Force Reserve which shall consist solely of persons transferred or appointed to it under Section 5.

Section 5. Recruitment to the Regular Air Force Reserve

(1) The competent authority may, by general or special order, transfer to the Regular Air Force Reserve--

(a) any officer or airman of the Air Force who under the terms and conditions of his service is liable to serve in any Air Force Reserve if and when constituted;

(b) any officer or airman of the Air Force whose commission or engagement in the Air Force has been terminated before the commencement of this Act and who under the terms of his commission or engagement was liable to serve in any Air Force Reserve if and when constituted;

(c) any officer or airman who has served in the Air Force and has retired therefrom; and any officer or airman so transferred shall be deemed to be a member of the said Reserve.

(2) The competent authority may, in such circumstances and subject to such conditions as may be prescribed, by special order, appoint to the Regular Air Force Reserve any member of the Air Defence Reserve or the Auxiliary Air Force raised and maintained under this Act, and where any such member is so appointed, he shall cease to be a member of the Air Defence Reserve or the Auxiliary Air Force, as the case may be, and shall as from the date of such appointment be deemed to be a member of the Regular Air Force Reserve.

(3) The competent authority may, for reasons which in its opinion are sufficient, cancel any order made under sub-section (1) or sub-section (2) and on the cancellation of such order the person in respect of whom the order had been made shall cease to be a member of the Regular Air Force Reserve

Section 6. Classes of persons in the Regular Air Force Reserve

Members of the Regular Air Force Reserve shall be divided into the following classes, namely :--

(a) general duties officers, and

(b) ground duties officers, and

(c) airmen,

and every officer shall be entitled On transfer or appointment to the Reserve to hold the same rank as that which he last held in the Air Force, or the Air Defence Reserve or the Auxiliary Air Force, as the case may be. before such transfer or appointment

Section 7. Period of service

(1) Every member of the Regular Air Force Reserve shall be Viable to serve in the Reserve--

(a) if he is transferred to the Reserve under sub-section (1) of section 5, for the period of his Reserve liability; and

(b) if he is appointed to the Reserve under sub-section (2) of section 5, for the remainder of the period for which he was liable to serve in the Air Defence Reserve or the Auxiliary Air Force, as the case may be :

Provided that the competent authority may require any such member to serve in the Reserve for such further period or periods not exceeding in the aggregate five years as it may think fit.

Explanation I.-- For the purposes of this sub-section, "period of Reserve liability' in relation to any member of the Regular Air Force Reserve means the period for which under the terms and conditions of his service in the Air Force he was liable to serve in any Air Force Reserve if and when constituted.

Explanation II.-- In computing the period of Reserve liability in relation to any member of the Regular Air Force Reserve whose commission or engagement in the Air Force was terminated before the commencement of this Act, the period which has elapsed between such termination and the date of such commencement shall be included.

(2) Notwithstanding anything contained in sub-section (1), no person shall be liable to serve in the Reserve after attaining the prescribed age

Section 8. Termination of service in the Reserve

Every member of the Regular Air Force Reserve shall, on completion of the period of his service therein, cease to be a member of the Reserve.

Chapter III

Section 9. Constitution of Air Defence Reserve

The Central Government may raise and maintain in the manner hereafter in this Chapter provided an Air Force Reserve to be designated the Air Defence Reserve which shall consist of persons deemed under the provisions of section 16 to be enrolled therein.

Section 10. Classes of persons in the Air Defence Reserve

Members of the Air Defence Reserve shall be divided into the following classes, namely :--

(a) general duties offcers;

(b) ground duties officers; and

(c) airmen.

Section 11. Obligation to register

(1) Every Citizen of India who--

(a) holds or has held a public transport pilot's licence ("B" Licence) issued under the Indian Aircraft Rules, 1937, or

(b) has had not less than two hundred hours' experience of solo flying, including not less than thirty landings, or

(c) holds or has held a first class navigator's licence issued under the Indian Aircraft Rules, 1937, or

(d) has had at least four years' aviation experience during which at least six hundred hours shall have been spent in the air, not less than one hundred hours of such experience being experience of navigation in the air, or

(e) holds or has held a first class radio telegraph operator's licence issued under the Indian Aircraft Rules, 1937, or

(f) holds or has held a radio telephone operator's licence issued under the Indian Aircraft Rules, 1937, or

(g) holds or has held a licence as ground engineer in any of the categories A, B, C, D or X issued under the Indian Aircraft Rules, 1937, or

(h) is or was at any time employed in connection with any aerodrome or in connection with the control and movement of aircraft, in such capacity as may be prescribed,

shall within the prescribed period correctly fill up, or cause to be filled up, to the best of his knowledge and belief the prescribed form, and sign and lodge, it with the competent authority nearest to his usual place of residence or business :

Provided that nothing contained in this sub-section shall apply

(i) to any person belonging to any of the classes specified in clauses (a) to (b) if he has attained the age of thirty-seven years; or

(ii) to any person belonging to any of the classes specified in clauses (g) and (h), if he has attained the age of fifty years.

(2) Without prejudice to the provisions contained in sub-section (1), the competent authority may, if it is satisfied that the provisions of that sub-section apply to any person, by order in writing, require that person to furnish within such time such particulars as may be specified in the order and such person shall within the specified time furnish correctly to the best of his knowledge and belief the said particulars to the said authority in such form and manner as may be prescribed