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THE AIR FORCE ACT, 1950

ACT NO. 45 OF 1950 · Enacted [18th May, 1950.] · 195 sections

PRELIMINARY

Section 1.Short title and commencement.
Section 2.Persons subject to this Act.
Section 3.Termination of application of the Act.
Section 4.Definitions.

SPECIAL PROVISIONS FOR THE APPLICATION OF ACT IN CERTAIN CASES

Section 5.Application of Act to certain forces under the Central Government.
Section 6.Special provision as to rank in certain cases.
Section 7.Commanding Officer of person subject to Air Force law under clause (d) of section 2.
Section 8.Officers exercising powers in certain cases.
Section 9.Power to declare persons to be on active service.

COMMISSION, APPOINTMENT AND ENROLMENT

Section 10.Commission and appointment.
Section 11.Ineligibility of aliens for enrolment.
Section 12.Ineligibility of females for enrolment or employment.
Section 13.Procedure before enrolling officer.
Section 14.Mode of enrolment.
Section 15.Validity of enrolment.
Section 16.Persons to be attested.
Section 17.Mode of attestation.

CONDITIONS OF SERVICE

Section 18.Tenure of service under the Act.
Section 19.Termination of service by Central Government.
Section 20.Dismissal, removal or reduction by Chief of the Air staff and other officers.
Section 21.Power to modify certain fundamental rights in their application to persons subject to this Act.
Section 22.Retirement, release or discharge.
Section 23.Certificate on termination of service.
Section 24.Discharge or dismissal when out of India.

SERVICE PRIVILEGES

Section 25.Authorised deductions only to be made from pay.
Section 26.Remedy of aggrieved airmen.
Section 27.Remedy of aggrieved officers.
Section 28.Immunity from attachment.
Section 29.Immunity from arrest for debt.
Section 30.Immunity of persons attending courts-martial from arrest.
Section 31.Privileges of reservists.
Section 32.Priority in respect of Air Force personnel's litigation.
Section 33.Saving of rights and privileges under other laws.

OFFENCES

Section 34.Offences in relation to the enemy and punishable with death.
Section 35.Offences in relation to the enemy and not punishable with death.
Section 36.Offences punishable more severely on active service than at other times.
Section 37.Mutiny.
Section 38.Desertion and aiding desertion.
Section 39.Absence without leave.
Section 40.Striking or threatening superior officer.
Section 41.Disobedience to superior officer.
Section 42.Insubordination and obstruction.
Section 43.Fraudulent enrolment.
Section 44.False answers on enrolment.
Section 45.Unbecoming conduct.
Section 46.Certain forms of disgraceful conduct.
Section 47.III-treating a subordinate.
Section 48.Intoxication.
Section 49.Permitting escape of person in custody.
Section 50.Irregularity in connection with arrest or confinement.
Section 51.Escape from custody.
Section 52.Offences to respect of property.
Section 53.Extortion and corruption.
Section 54.Making away with equipment.
Section 55.Injury to property.
Section 56.False accusation.
Section 57.Falsifying official documents and false declaration.
Section 58.Signing in blank and failure to report.
Section 59.Offences relating to courts-martial.
Section 60.False evidence.
Section 61.Unlawful detention of pay.
Section 62.Offences in relation to aircraft and flying.
Section 63.Other offences relating to aircraft and flying.
Section 64.Disobedience of lawful command of captain of aircraft.
Section 65.Violation of good order and air force discipline.
Section 66.Miscellaneous offences.
Section 67.Attempt.
Section 68.Abetment of offences that have been committed.
Section 69.Abetment of offences punishable with death and not committed.
Section 70.Abetment of offences punishable with imprisonment and not committed.
Section 71.Civil offences.
Section 72.Civil offences not triable by court-martial.

PUNISHMENTS

Section 73.Punishments awardable by courts-martial.
Section 74.Alternative punishments awardable by court-martial.
Section 75.Combination of punishments.
Section 76.Cashiering of officers.
Section 77.Field punishment.
Section 78.Position of field punishment in scale of punishments.
Section 79.Result of certain punishments in the case of a warrant officer or a non-commissioned officer.
Section 80.Retention in the ranks of a person convicted on active service.
Section 81.Punishments otherwise than by court-martial.
Section 82.Punishment of persons other than officers and warrant officers.
Section 83.Requirement of sanction in certain cases.
Section 84.Limit of punishments under section 82.
Section 85.Punishments in addition to those specified in section 82.
Section 86.Punishment of officers and warrant officers.
Section 87.Transmission of proceedings.
Section 88.Review of proceedings.
Section 89.Superior air force authority.
Section 90.Collective fines.

PENAL DEDUCTIONS

Section 91.Deductions from pay and allowances of officers.
Section 92.Deductions from pay and allowances of airmen.
Section 93.Computation of time of absence of custody.
Section 94.Pay and allowances daring trial.
Section 95.Limit of certain deductions.
Section 96.Deduction from public money due to a person.
Section 97.Pay and allowances of prisoner of war during inquiry into his conduct.
Section 98.Remission of deductions.
Section 99.Provision for dependants of prisoner of war from remitted deductions.
Section 100.Provision for dependants of prisoner of war from his pay and allowances.
Section 101.Period during which a person is deemed to be a prisoner of war.

ARREST AND PROCEEDINGS BEFORE TRIAL

Section 102.Custody of offenders.
Section 103.Duty of commanding officer in regard to detention.
Section 104.Interval between committal and court-martial.
Section 105.Arrest by civil authorities.
Section 106.Capture of deserters.
Section 107.Inquiry into absence without leave.
Section 108.Provost-marshals.

COURTS-MARTIAL

Section 109.Different kinds of courts-martial.
Section 110.Power to convene a general court-martial.
Section 111.Power to convene a district court-martial.
Section 112.Contents of warrants issued under sections 110 and 111.
Section 113.Power to convene a summary general court-martial.
Section 114.Composition of general court-martial.
Section 115.Composition of district court-martial.
Section 116.Composition of summary general court-martial.
Section 117.Dissolution of court-martial.
Section 118.Powers of general and summary general courts-martial.
Section 119.Powers of district Court-martial.
Section 120.Prohibition of second trial.
Section 121.Period of limitation for trial.
Section 122.Liability of offender who ceases to be subject to Act.
Section 123.Place of trial.
Section 124.Choice between criminal court and court-martial.
Section 125.Power of criminal court to require delivery of offender.
Section 126.Successive trials by a criminal, court and a court-martial.

PROCEDURE OF COURTS-MATRIAL

Section 127.Presiding Officer.
Section 128.Judge Advocate.
Section 129.Challenges.
Section 130.Oaths of member, Judge advocate and witness.
Section 131.Voting by members.
Section 132.General rule as to evidence.
Section 133.Judicial notice.
Section 134.Summoning witnesses.
Section 135.Documents exempted from production.
Section 136.Commissions for examination of witnesses.
Section 137.Examination of a witness on commission.
Section 138.Conviction of offence not charged.
Section 139.Presumption as to signatures.
Section 140.Enrolment paper.
Section 141.Presumption as to certain documents.
Section 142.Reference by accused to Government officer.
Section 143.Evidence of previous convictions and general character.
Section 144.Lunacy of accused.
Section 145.Subsequent fitness of lunatic accused for trial.
Section 146.Transmission to Central Government of orders under section 145.
Section 147.Release of lunatic accused.
Section 148.Delivery of lunatic accused to relatives.
Section 149.Order for custody and disposal of property pending trial.
Section 150.Order for disposal of property regarding which offence is committed.
Section 151.Powers of courts-martial when certain offences are committed by persons not subject to this Act.

CONFIRMATION AND REVISION

Section 152.Finding and sentence not valid, unless confirmed.
Section 153.Power to confirm finding and sentence of general court-martial.
Section 154.Power to confirm finding and sentence of district court-martial.
Section 155.Limitation of powers of confirming authority.
Section 156.Power to confirm finding and sentence of summary general courts- martial.
Section 157.Power of confirming authority to mitigate, remit or commute sentences.
Section 158.Confirming of findings and sentences on board a ship.
Section 159.Revision of finding or sentence.
Section 160.Alteration of finding or sentence in certain cases.
Section 161.Remedy against order, finding or sentence of court-martial.
Section 162.Annulment of proceedings.

EXECUTION OF SENTENCES

Section 163.Form of sentence of death.
Section 164.Commencement of sentence of transportation or imprisonment.
Section 165.Execution of sentence of transportation.
Section 166.Execution of sentence of imprisonment.
Section 167.Temporary custody of offender.
Section 168.Execution of sentence of imprisonment in special cases.
Section 169.Conveyance of prisoner from place to place.
Section 170.Execution of sentence of detention.
Section 171.Communication of certain orders to prison officers.
Section 172.Execution of sentence of fine.
Section 173.Establishment and regulation of air force prisons.
Section 174.Informality or error in the order or warrants.
Section 175.Power to make rules in respect of prisons and prisoners.
Section 176.Restriction of rule-making power in respect to corporal punishment.

PARDONS REMISSIONS AND SUSPENSIONS

Section 177.Pardon and remission.
Section 178.Cancellation of conditional pardon, release on parole or remission.
Section 179.Reduction of warrant officer or non-commissioned officer.
Section 180.Suspension of sentence of transportation, imprisonment or detention.
Section 181.Orders pending suspension.
Section 182.Release on suspension.
Section 183.Computation of period of suspension.
Section 184.Order after suspension.
Section 185.Reconsideration of case after suspension.
Section 186.Fresh sentence after suspension.
Section 187.Scope of power of suspension.
Section 188.Effect of suspension and remission on dismissal.

RULES

Section 189.Power to make rules.
Section 190.Power to make regulations.
Section 191.Publication of rules and regulations in Gazette.
Section 191A.Laying of rules and regulations before Parliament.
Section 192.[Repealed.]

TRANSITORY PROVISIONS

Section 193.Definition of British officer.
Section 194.Powers of British officer.