Act45
Enacted 1950

The Air Force Act, 1950

In force 195 sections Defence

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

Act 45 of 1950 Enacted 18 May 1950 In force 22 Jul 1950 Department Department of Military Affairs

Administered by. Ministry of Defence, Department of Military Affairs · Other Acts of 1950

Preamble

THE AIR FORCE ACT, 1950

ACT NO. 45 OF 19501

[18th May, 1950.] An Act to consolidate and amend the law relating to the government of the Air Force.

BE it enacted by Parliament as follows:--

What this Act covers

Summary of the Air Force Act, 1950

CHAPTER I – PRELIMINARY

1. Short Title and Commencement: - Named: Air Force Act, 1950

• Came into force on 22nd July, 1950.

2. Persons Subject to this Act: - Officers and warrant officers of the Air Force.

• Persons enrolled under this Act.

• Certain Reserve and Auxiliary Air Force personnel under specific conditions.

• Civilians on active service in specified capacities.

3. Termination of Application: - Persons remain subject to the Act until formally discharged, etc.

4. Definitions: - Extensive list defining key terms (e.g., "active service", "aircraft", "Air Force", etc.).

CHAPTER II - SPECIAL PROVISIONS FOR THE APPLICATION OF ACT IN CERTAIN CASES

5. Application of Act to Certain Forces: - Central Government can apply this Act to other forces with modifications.

6. Special Provision as to Rank: - Central Government can direct the rank of persons subject to the Act under clause (d) of section 2.

7. Commanding Officer for Persons under Clause (d) of Section 2:

Specifies the commanding officer for such persons.

8. Officers Exercising Powers: - Central Government may prescribe officers to exercise powers in certain formations.

9. Power to Declare Persons on Active Service: - Central Government can declare persons on active service by notification.

Sections

Type to filter. 195 sections.

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

Rules made under this Act

2 sets of Rules. India Code publishes Rules as a record and a document rather than as text, so these are indexed here and not reproduced. All Rules.

  • Air Force Rules 19691969
  • REGULATIONS FOR THE AIR FORCE REPRINTED EDITION 20001968

Related Acts

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Every one of the 195 sections of this Act has its own page. This page is not a substitute for legal advice.