Power to make rules
Section 189 of the Air Force Act, 1950 deals with power to make rules. The Central Government may make rules for the purpose of carrying into effect the provisions of this Act. The Act came into force on 22 Jul 1950.
(1) The Central Government may make rules for the purpose of carrying into effect the provisions of this Act.
(2) Without prejudice to the generality of the power conferred by sub-section (1), the rules made thereunder may provide for--
(a) the removal, retirement, release or discharge from the service of persons subject to this Act;
(b) the amount and incidence of fines to be imposed under section 90;
(c) the specification of the punishment which may be awarded as field punishments under sections 77 and 82;
(d) the assembly and procedure of courts of inquiry, the recording of summaries of evidence and the administration of oaths or affirmations by such courts;
(e) the convening and constituting of court-martial and the appointment of prosecutors at trials by court-martial;
(f) the adjournment, dissolution and sitting of court-martial;
(g) the procedure to be observed in trials by court-martial and the appearance of legal practitioners thereat;
(h) the confirmation, revision and annulment of, and petitions against the findings and sentences of court-martial:
(i) the carrying into effect of sentences of court-martial;
(j) the forms of orders to be made under the provisions of this Act relating to court-martial, transportation, imprisonment and detention;
(k) the constitution of authorities, to decide for what persons, to what amounts and in what manner, provision should be made for dependents under section 100 and the due carrying out of such decisions;
(l) the relative rank of the officers, junior commissioned officers, warrant officers, petty officers and non-commissioned officers of the regular Army, Navy and Air Force when acting together;
(m) any other matter directed by this Act to be prescribed.
Section 189, The Air Force Act, 1950 (Act 45 of 1950).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
-
Union of India vs Rajeev Moitra
Court's Decision & Legal Precedent
The right to withdraw from an approved application for Premature Separation from Service in the Indian Air Force is neither absolute nor unconditional. While officers have a substantive right to continue in service until superannuation, once they apply for PSS under the Human Resource Policy and their application is approved, the withdrawal of such approval is subject to the conditions stipulated in Paragraph 18 of the policy, namely that withdrawal is permitted only as an exception and on 'extreme compassionate grounds'. The general principle of civil service law permitting withdrawal of prospective resignations before effective date does not apply to the Armed Forces without modification, because: (1) service in the Armed Forces operates under a distinct constitutional and statutory framework centered on at-pleasure tenure and organizational efficiency; (2) the Human Resource Policy, validly issued under delegated authority, explicitly conditions withdrawal and restricts it to exceptional circumstances; (3) officers who seek benefit of the PSS policy cannot later repudiate its terms, including the withdrawal restriction in Paragraph 18; and (4) the operational exigencies of the Armed Forces, including manpower planning and allocation of exit vacancies, necessitate limiting unilateral withdrawal rights. Whether grounds cited meet the 'extreme compassionate grounds' criterion is for competent authority to determine bona fide, and courts should not fault a fair and bona fide assessment made in light of service requirements.
On this section: Empowers Central government to make rules providing for removal, retirement, release or discharge from service; provides specific rule-making authority for service separation matters
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 189
What have the courts held on Section 189 of the Air Force Act?
Union of India vs Rajeev Moitra (29 Jan 2019) is the leading judgment on this section among those set out below: Empowers Central government to make rules providing for removal, retirement, release or discharge from service; provides specific rule-making authority for service separation matters.
How do I find court cases under Section 189 of the Air Force Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Air Force Act 1950 189, section 189 Air Force Act 1950, section 189 of the Air Force Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Union of India vs Rajeev Moitra (29 Jan 2019).
What should I read with Section 189 of the Air Force Act, and has it changed?
Its own text turns on section 77 (Field punishment), section 82 (Punishment of persons other than officers and warrant officers), section 90 (Collective fines), section 100 (Provision for dependants of prisoner of war from his pay and allowances), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it.
When did Section 189 of the Air Force Act come into force?
Section 189 of the Air Force Act, cited as Air Force Act 1950 189, came into force on 22 Jul 1950, having been enacted on 18 May 1950. It is in force as at the date shown on this page.
Other sections of this Act
- 4. Definitions981 words
- 141. Presumption as to certain documents492 words
- 92. Deductions from pay and allowances of airmen414 words
- 91. Deductions from pay and allowances of officers414 words
- 34. Offences in relation to the enemy and punishable with death396 words
- 32. Priority in respect of Air Force personnel's litigation301 words
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. Text as in force on 17 Oct 2026. This page is not a substitute for legal advice.