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The Air Force Act, 1950

Central

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

Act number
45 of 1950
Ministry
Ministry of Defence
Department
Department of Military Affairs
Enacted
18 May 1950

Source: IndiaCode Portal, Legislative Department, Ministry of Law and Justice, Government of India. Open on India Code Check against the official text before relying on it.

195 sections

  1. Section 1Short title and commencement.
  2. Section 2Persons subject to this Act.
  3. Section 3Termination of application of the Act.
  4. Section 4Definitions.
  5. Section 5Application of Act to certain forces under the Central Government.
  6. Section 6Special provision as to rank in certain cases.
  7. Section 7Commanding Officer of person subject to Air Force law under clause (d) of section 2.
  8. Section 8Officers exercising powers in certain cases.
  9. Section 9Power to declare persons to be on active service.
  10. Section 10Commission and appointment.
  11. Section 11Ineligibility of aliens for enrolment.
  12. Section 12Ineligibility of females for enrolment or employment.
  13. Section 13Procedure before enrolling officer.
  14. Section 14Mode of enrolment.
  15. Section 15Validity of enrolment.
  16. Section 16Persons to be attested.
  17. Section 17Mode of attestation.
  18. Section 18Tenure of service under the Act.
  19. Section 19Termination of service by Central Government.
  20. Section 20Dismissal, removal or reduction by Chief of the Air staff and other officers.
  21. Section 21Power to modify certain fundamental rights in their application to persons subject to this Act.
  22. Section 22Retirement, release or discharge.
  23. Section 23Certificate on termination of service.
  24. Section 24Discharge or dismissal when out of India.
  25. Section 25Authorised deductions only to be made from pay.
  26. Section 26Remedy of aggrieved airmen.
  27. Section 27Remedy of aggrieved officers.
  28. Section 28Immunity from attachment.
  29. Section 29Immunity from arrest for debt.
  30. Section 30Immunity of persons attending courts-martial from arrest.
  31. Section 31Privileges of reservists.
  32. Section 32Priority in respect of Air Force personnel's litigation.
  33. Section 33Saving of rights and privileges under other laws.
  34. Section 34Offences in relation to the enemy and punishable with death.
  35. Section 35Offences in relation to the enemy and not punishable with death.
  36. Section 36Offences punishable more severely on active service than at other times.
  37. Section 37Mutiny.
  38. Section 38Desertion and aiding desertion.
  39. Section 39Absence without leave.
  40. Section 40Striking or threatening superior officer.
  41. Section 41Disobedience to superior officer.
  42. Section 42Insubordination and obstruction.
  43. Section 43Fraudulent enrolment.
  44. Section 44False answers on enrolment.
  45. Section 45Unbecoming conduct
  46. Section 46Certain forms of disgraceful conduct.
  47. Section 47III-treating a subordinate
  48. Section 48Intoxication.
  49. Section 49Permitting escape of person in custody.
  50. Section 50Irregularity in connection with arrest or confinement.
  51. Section 51Escape from custody.
  52. Section 52Offences to respect of property.
  53. Section 53Extortion and corruption.
  54. Section 54Making away with equipment
  55. Section 55Injury to property.
  56. Section 56False accusation.
  57. Section 57Falsifying official documents and false declaration.
  58. Section 58Signing in blank and failure to report.
  59. Section 59Offences relating to courts-martial.
  60. Section 60False evidence
  61. Section 61Unlawful detention of pay.
  62. Section 62Offences in relation to aircraft and flying
  63. Section 63Other offences relating to aircraft and flying.
  64. Section 64Disobedience of lawful command of captain of aircraft.
  65. Section 65Violation of good order and air force discipline.
  66. Section 66Miscellaneous offences.
  67. Section 67Attempt.
  68. Section 68Abetment of offences that have been committed.
  69. Section 69Abetment of offences punishable with death and not committed.
  70. Section 70Abetment of offences punishable with imprisonment and not committed.
  71. Section 71Civil offences
  72. Section 72Civil offences not triable by court-martial.
  73. Section 73Punishments awardable by courts-martial.
  74. Section 74Alternative punishments awardable by court-martial.
  75. Section 75Combination of punishments.
  76. Section 76Cashiering of officers
  77. Section 77Field punishment.
  78. Section 78Position of field punishment in scale of punishments
  79. Section 79Result of certain punishments in the case of a warrant officer or a non-commissioned officer
  80. Section 80Retention in the ranks of a person convicted on active service.
  81. Section 81Punishments otherwise than by court-martial
  82. Section 82Punishment of persons other than officers and warrant officers.
  83. Section 83Requirement of sanction in certain cases
  84. Section 84Limit of punishments under section 82.
  85. Section 85Punishments in addition to those specified in section 82
  86. Section 86Punishment of officers and warrant officers.
  87. Section 87Transmission of proceedings.
  88. Section 88Review of proceedings
  89. Section 89Superior air force authority
  90. Section 90Collective fines.
  91. Section 91Deductions from pay and allowances of officers.
  92. Section 92Deductions from pay and allowances of airmen
  93. Section 93Computation of time of absence of custody.
  94. Section 94Pay and allowances daring trial.
  95. Section 95Limit of certain deductions.
  96. Section 96Deduction from public money due to a person.
  97. Section 97Pay and allowances of prisoner of war during inquiry into his conduct.
  98. Section 98Remission of deductions.
  99. Section 99Provision for dependants of prisoner of war from remitted deductions.
  100. Section 100Provision for dependants of prisoner of war from his pay and allowances.
  101. Section 101Period during which a person is deemed to be a prisoner of war
  102. Section 102Custody of offenders
  103. Section 103Duty of commanding officer in regard to detention.
  104. Section 104Interval between committal and court-martial
  105. Section 105Arrest by civil authorities.
  106. Section 106Capture of deserters.
  107. Section 107Inquiry into absence without leave.
  108. Section 108Provost-marshals.
  109. Section 109Different kinds of courts-martial.
  110. Section 110Power to convene a general court-martial.
  111. Section 111Power to convene a district court-martial.
  112. Section 112Contents of warrants issued under sections 110 and 111
  113. Section 113Power to convene a summary general court-martial.
  114. Section 114Composition of general court-martial.
  115. Section 115Composition of district court-martial.
  116. Section 116Composition of summary general court-martial.
  117. Section 117Dissolution of court-martial.
  118. Section 118Powers of general and summary general courts-martial.
  119. Section 119Powers of district Court-martial.
  120. Section 120Prohibition of second trial.
  121. Section 121Period of limitation for trial.
  122. Section 122Liability of offender who ceases to be subject to Act.
  123. Section 123Place of trial
  124. Section 124Choice between criminal court and court-martial.
  125. Section 125Power of criminal court to require delivery of offender.
  126. Section 126Successive trials by a criminal, court and a court-martial.
  127. Section 127Presiding Officer.
  128. Section 128Judge Advocate.
  129. Section 129Challenges
  130. Section 130Oaths of member, Judge advocate and witness.
  131. Section 131Voting by members
  132. Section 132General rule as to evidence.
  133. Section 133Judicial notice.
  134. Section 134Summoning witnesses
  135. Section 135Documents exempted from production.
  136. Section 136Commissions for examination of witnesses.
  137. Section 137Examination of a witness on commission.
  138. Section 138Conviction of offence not charged.
  139. Section 139Presumption as to signatures.
  140. Section 140Enrolment paper.
  141. Section 141Presumption as to certain documents.
  142. Section 142Reference by accused to Government officer.
  143. Section 143Evidence of previous convictions and general character
  144. Section 144Lunacy of accused
  145. Section 145Subsequent fitness of lunatic accused for trial.
  146. Section 146Transmission to Central Government of orders under section 145.
  147. Section 147Release of lunatic accused.
  148. Section 148Delivery of lunatic accused to relatives
  149. Section 149Order for custody and disposal of property pending trial
  150. Section 150Order for disposal of property regarding which offence is committed
  151. Section 151Powers of courts-martial when certain offences are committed by persons not subject to this Act.
  152. Section 152Finding and sentence not valid, unless confirmed.
  153. Section 153Power to confirm finding and sentence of general court-martial.
  154. Section 154Power to confirm finding and sentence of district court-martial.
  155. Section 155Limitation of powers of confirming authority
  156. Section 156Power to confirm finding and sentence of summary general courts- martial.
  157. Section 157Power of confirming authority to mitigate, remit or commute sentences.
  158. Section 158Confirming of findings and sentences on board a ship.
  159. Section 159Revision of finding or sentence.
  160. Section 160Alteration of finding or sentence in certain cases
  161. Section 161Remedy against order, finding or sentence of court-martial.
  162. Section 162Annulment of proceedings.
  163. Section 163Form of sentence of death
  164. Section 164Commencement of sentence of transportation or imprisonment.
  165. Section 165Execution of sentence of transportation.
  166. Section 166Execution of sentence of imprisonment.
  167. Section 167Temporary custody of offender.
  168. Section 168Execution of sentence of imprisonment in special cases.
  169. Section 169Conveyance of prisoner from place to place.
  170. Section 170Execution of sentence of detention.
  171. Section 171Communication of certain orders to prison officers.
  172. Section 172Execution of sentence of fine
  173. Section 173Establishment and regulation of air force prisons.
  174. Section 174Informality or error in the order or warrants.
  175. Section 175Power to make rules in respect of prisons and prisoners.
  176. Section 176Restriction of rule-making power in respect to corporal punishment.
  177. Section 177Pardon and remission.
  178. Section 178Cancellation of conditional pardon, release on parole or remission.
  179. Section 179Reduction of warrant officer or non-commissioned officer
  180. Section 180Suspension of sentence of transportation, imprisonment or detention.
  181. Section 181Orders pending suspension.
  182. Section 182Release on suspension.
  183. Section 183Computation of period of suspension.
  184. Section 184Order after suspension.
  185. Section 185Reconsideration of case after suspension
  186. Section 186Fresh sentence after suspension.
  187. Section 187Scope of power of suspension
  188. Section 188Effect of suspension and remission on dismissal.
  189. Section 189Power to make rules.
  190. Section 190Power to make regulations
  191. Section 191Publication of rules and regulations in Gazette.
  192. Section 191ALaying of rules and regulations before Parliament.
  193. Section 192Repealed.
  194. Section 193Definition of British officer.
  195. Section 194Powers of British officer.