Persons subject to this Act
Section 2 of the Air Force Act, 1950 deals with persons subject to this Act. The following persons shall be subject to this Act wherever they may be, namely:-- (a) officers and warrant officers of the Air Force; The Act came into force on 22 Jul 1950.
The following persons shall be subject to this Act wherever they may be, namely:--
(a) officers and warrant officers of the Air Force;
(b) persons enrolled under this Act;
1[(c) persons belonging to the Regular Air Force Reserve or the Air Defence Reserve or the Auxiliary Air Force, in the circumstances specified in section 26 of the Reserve and Auxiliary Air Forces Act, 1952 (62 of 1952);]
(d) persons not otherwise subject to air force law, who, on active service, in camp, on the march, or at any frontier post specified by the Central Government by notification in this behalf, are employed by, or are in the service of, or are followers of, or accompany any portion of the Air Force.
Section 2, 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.
This section refers to
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.
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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: Defines persons subject to the Act including officers and warrant officers of the Air Force; establishes the scope of persons governed by military law
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.
Made under this section, and citing it
1 instrument names this provision in its title or its text without being made under it.
Questions about Section 2
What have the courts held on Section 2 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: Defines persons subject to the Act including officers and warrant officers of the Air Force; establishes the scope of persons governed by military law.
How do I find court cases under Section 2 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 2, section 2 Air Force Act 1950, section 2 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 2 of the Air Force Act, and has it changed?
Its own text turns on Reserve and Auxiliary Air Forces Act 26 (Application of Air Force Act, 1950), so none of them can safely be read on its own. 4 other provisions in this corpus refer back to it. One instrument names it without being made under it, most recently REGULATIONS FOR THE AIR FORCE REPRINTED EDITION 2000 (1968).
When did Section 2 of the Air Force Act come into force?
Section 2 of the Air Force Act, cited as Air Force Act 1950 2, 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
- 91. Deductions from pay and allowances of officers414 words
- 92. Deductions from pay and allowances of airmen414 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 15 Oct 2026. This page is not a substitute for legal advice.