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The Air Force Act, 1950

[Act No. 45 of 1950]

[18th May, 1950.]

Sections: Parteiculars:
Title The Air Force Act, 1950
Chapter I Preliminary
1. Short title and commencement
2. Persons subject to this Act
3. Termination of application of the Act
4. Definitions
Chapter II Special Provisions for The Application of Act in Certain Cases
5. Application of Act to certain forces under the Central Government
6. Special provision as to rank in certain cases
7. Commanding Officer of person subject to Air Force law under clause (d) of section 2
8. Officers exercising powers in certain cases
9. Power to declare persons to be on active service
Chapter III Commission, Appointment and Enrolment
10. Commission and appointment
11. Ineligibility of aliens for enrolment
12. Ineligibility of females for enrolment or employment
13. Procedure before enrolling officer
14. Mode of enrolment
15. Validity of enrolment
16. Persons to be attested
17. Mode of attestation
Chapter IV Conditions of Service Sections
18. Tenure of service under the Act
19. Termination of service by Central Government
20. Dismissal, removal or reduction by Chief of the Air staff and other officers
21. Power to modify certain fundamental rights in their application to persons subject to this Act
22. Retirement, release or discharge
23. Certificate on termination of service
24. Discharge or dismissal when out of India
Chapter V Service Privileges
25. Authorised deductions only to be made from pay
26. Remedy of aggrieved airmen
27. Remedy of aggrieved officers
28. Immunity from attachment
29. Immunity from arrest for debt
30. Immunity of persons attending courts-martial from arrest
31. Privileges of reservists
32. Priority in respect of Air Force personnel's litigation
33. Saving of rights and privileges under other laws
Chapter VI Offences
34. Offences in relation to the enemy and punishable with death
35. Offences in relation to the enemy and not punishable with death
36. Offences punishable more severely on active service than at other times
37. Mutiny
38. Desertion and aiding desertion
39. Absence without leave
40. Striking or threatening superior officer
41. Disobedience to superior officer
42. Insubordination and obstruction
43. Fraudulent enrolment
44. False answers on enrolment
45. Unbecoming conduct
46. Certain forms of disgraceful conduct
47. III-treating a subordinate
48. Intoxication
49. Permitting escape of person in custody
50. Irregularity in connection with arrest or confinement
51. Escape from custody
52. Offences to respect of property
53. Extortion and corruption
54. Making away with equipment
55. Injury to property
56. False accusation
57. Falsifying official documents and false declaration
58. Signing in blank and failure to report
59. Offences relating to courts-martial
60. False evidence
61. Unlawful detention of pay
62. Offences in relation to aircraft and flying
63. Other offences relating to aircraft and flying
64. Disobedience of lawful command of captain of aircraft
65. Violation of good order and air force discipline
66. Miscellaneous offences
67. Attempt
68. Abetment of offences that have been committed
69. Abetment of offences punishable with death and not committed
70. Abetment of offences punishable with imprisonment and not committed
71. Civil offences
72. Civil offences not triable by court-martial
Chapter VII Punishments
73. Punishments awardable by courts-martial
74. Alternative punishments awardable by court-martial
75. Combination of punishments
76. Cashiering of officers
77. Field punishment
78. Position of field punishment in scale of punishments
79. Result of certain punishments in the case of a warrant officer or a non-commissioned officer
80. Retention in the ranks of a person convicted on active service
81. Punishments otherwise than by court-martial
82. Punishment of persons other than officers and warrant officers
83. Requirement of sanction in certain cases
84. Limit of punishments under section 82
85. Punishments in addition to those specified in section 82
86. Punishment of officers and warrant officers
87. Transmission of proceedings
88. Review of proceedings
89. Superior air force authority
90. Collective fines
Chapter VIII Penal Deductions
91. Deductions from pay and allowances of officers
92. Deductions from pay and allowances of airmen
93. Computation of time of absence of custody
94. Pay and allowances daring trial
95. Limit of certain deductions
96. Deduction from public money due to a person
97. Pay and allowances of prisoner of war during inquiry into his conduct
98. Remission of deductions
99. Provision for dependants of prisoner of war from remitted deductions
100. Provision for dependants of prisoner of war from his pay and allowances
101. Period during which a person is deemed to be a prisoner of war
Chapter IX Arrest and Proceedings before Trial
102. Custody of offenders
103. Duty of commanding officer in regard to detention
104. Interval between committal and court-martial
105. Arrest by civil authorities
106. Capture of deserters
107. Inquiry into absence without leave
108. Provost-marshals
Chapter X Courts-Martial
109. Different kinds of courts-martial
110. Power to convene a general court-martial
111. Power to convene a district court-martial
112. Contents of warrants issued under sections 110 and 111
113. Power to convene a summary general court-martial
114. Composition of general court-martial
115. Composition of district court-martial
116. Composition of summary general court-martial
117. Dissolution of court-martial
118. Powers of general and summary general courts-martial
119. Powers of district Court-martial
120. Prohibition of second trial
121. Period of limitation for trial
122. Liability of offender who ceases to be subject to Act
123. Place of trial
124. Choice between criminal court and court-martial
125. Power of criminal court to require delivery of offender
126. Successive trials by a criminal, court and a court-martial
Chapter XI Procedure of Courts-Matrial
127. Presiding Officer
128. Judge Advocate
129. Challenges
130. Oaths of member, Judge advocate and witness
131. Voting by members
132. General rule as to evidence
133. Judicial notice
134. Summoning witnesses
135. Documents exempted from production
136. Commissions for examination of witnesses
137. Examination of a witness on commission
138. Conviction of offence not charged
139. Presumption as to signatures
140. Enrolment paper
141. Presumption as to certain documents
142. Reference by accused to Government officer
143. Evidence of previous convictions and general character
144. Lunacy of accused
145. Subsequent fitness of lunatic accused for trial
146. Transmission to Central Government of orders under section 145
147. Release of lunatic accused
148. Delivery of lunatic accused to relatives
149. Order for custody and disposal of property pending trial
150. Order for disposal of property regarding which offence is committed
151. Powers of courts-martial when certain offences are committed by persons not subject to this Act
Chapter XII Confirmation and Revision Sections
152. Finding and sentence not valid, unless confirmed
153. Power to confirm finding and sentence of general court-martial
154. Power to confirm finding and sentence of district court-martial
155. Limitation of powers of confirming authority
156. Power to confirm finding and sentence of summary general courts- martial
157. Power of confirming authority to mitigate, remit or commute sentences
158. Confirming of findings and sentences on board a ship
159. Revision of finding or sentence
160. Alteration of finding or sentence in certain cases
161. Remedy against order, finding or sentence of court-martial
162. Annulment of proceedings
Chapter XIII Execution of Sentences
163. Form of sentence of death
164. Commencement of sentence of transportation or imprisonment
165. Execution of sentence of transportation
166. Execution of sentence of imprisonment
167. Temporary custody of offender
168. Execution of sentence of imprisonment in special cases
169. Conveyance of prisoner from place to place
170. Execution of sentence of detention
171. Communication of certain orders to prison officers
172. Execution of sentence of fine
173. Establishment and regulation of air force prisons
174. Informality or error in the order or warrants
175. Power to make rules in respect of prisons and prisoners
176. Restriction of rule-making power in respect to corporal punishment
Chapter XIV Pardons Remissions and Suspensions
177. Pardon and remission
178. Cancellation of conditional pardon, release on parole or remission
179. Reduction of warrant officer or non-commissioned officer
180. Suspension of sentence of transportation, imprisonment or detention
181. Orders pending suspension
182. Release on suspension
183. Computation of period of suspension
184. Order after suspension
185. Reconsideration of case after suspension
186. Fresh sentence after suspension
187. Scope of power of suspension
188. Effect of suspension and remission on dismissal
Chapter XV Rules
189. Power to make rules
190. Power to make regulations
191. Publication of rules and regulations in Gazette
191A. Laying of rules and regulations before Parliament
192. [Repealed.]
Chapter XVI Transitory Provisions
193. Definition of British officer
194. Powers of British officer

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