Deductions from pay and allowances of airmen
Section 92 of the Air Force Act, 1950 deals with deductions from pay and allowances of airmen. Subject to the provisions of section 95, the following penal deductions may be made from the pay and allowances of an airman, that is to say,-- (a) all pay and allowances for every day of absence either on desertion or without leave, or as a prisoner of war, and for every day of transportation or im The Act came into force on 22 Jul 1950.
Subject to the provisions of section 95, the following penal deductions may be made from the pay and allowances of an airman, that is to say,--
(a) all pay and allowances for every day of absence either on desertion or without leave, or as a prisoner of war, and for every day of transportation or imprisonment awarded by a criminal court, or a court-martial, or of detention, or field punishment awarded by a court-martial or an officer exercising authority under section 82;
(b) all pay and allowances for every day while he is in custody on a charge for an offence of which he is afterwards convicted by a criminal court or a court-martial, or on a charge of absence without leave for which he is afterwards awarded detention or field punishment by an officer exercising authority under section 82;
(c) all pay and allowances for every day on which he is in hospital on account of sickness certified by the medical officer attending on him to have been caused by an offence under this Act committed by him;
(d) for every day on which he is in hospital on account of sickness certified by the medical officer attending on him to have been caused by his own misconduct or imprudence, such sum as may be specified by order of the Central Government or by such officer as may be specified by that Government;
(e) all pay and allowances ordered by a court-martial or by an officer exercising authority under section 82 or section 86 to be forfeited or stopped;
(f) all pay and allowances for every day between his being recovered from the enemy and his dismissal from the service in consequence of his conduct when being taken prisoner by, or while in the hands of, the enemy;
(g) any sum required to make good such compensation for any expenses, loss, damage or destruction caused by him to the Central Government or to any building or property as may be awarded by his commanding officer;
(h) any sum require to pay a fine awarded by a criminal court, a court-martial exercising jurisdiction under section 71, or an officer exercising authority under section 82 or section 90.
(i) any sum required by order of the Central Government or any prescribed officer to be paid for the maintenance of his wife or his legitimate or illegitimate child or towards the cost of any relief given by the said Government to the said wife or child.
Section 92, 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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Rashmi Roshan @ Nigar v. Union of India & Ors.
Court's Decision & Legal Precedent
DATE-VERIFIED Final Order 2025-04-09 (order-11.pdf; index date matches body 09.04.2025): court-awarded maintenance/house-rent does not fall within s.91(i), which covers only sums required by Order of the Central Government (or prescribed officer) for maintenance of a wife; Air Force authorities are not under a mandamus duty to deduct judicial maintenance under s.91 where marriage/status is disputed and no Central Government order exists.
On this section: s.92(i) airman maintenance deduction mirrors s.91(i) — CG/prescribed-officer order required; writ cannot compel Air Force to treat contested spouse as wife for pay attachment.
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.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… By way of the impugned order dated 08.09.2021, the respondent no.2 has ordered to deduct a sum of Rs.17,400/- from petitioner's salary as an amount towards maintenance of his wife, in exercise of power under Section 92(i) of Air Force Act, 1950 (hereinafter referred to as "the Act of 1950") read with Rule 162 of the Air Force Rules, 1969. Learned counsel for the petitioner submits that neither under Section 92 nor under any other provision of the Act of 1950, such deduction is permissible, inasmuch as the payment of maintenance …
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… (C) No. 3987/2020 1. The petitioner, being the wife of respondent No.3 Pankaj Kumar Sharma, a Corporal in the respondents No.1 and 2 Air Force, has filed this petition averring that though respondent No.1 in exercise of powers under Section 92 (I) of Air Force Act, 1950 read with Rule 162 of the Air Force Rules, 1950 has directed maintenance of Rs.11,800/- per month to be remitted to the petitioner out of emoluments/salary payable to respondent No.3, with effect from the month of March, 2020 but no payment has been made by the respondent No. 2 Senior …
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… or direction, the respondents may kindly be directed to not to process the claim of pension of respondent No.4 until proper signatures and photograph of his lawfully wedded wife are there. D. By an appropriate writ, order or direction, the respondents may kindly be directed to give the maintenance amount under Section 92 of the Air Force Act from 1.1.2005 to 30.6.2005." Heard learned counsel for the parties. The petitioner's husband Sergeant is due to retire on 31.3.2007. The petitioner claims that on the pension papers of her husband, her photograph has not been affixed by her husband respondent No.4 despite the request by …
Questions about Section 92
What have the courts held on Section 92 of the Air Force Act?
Rashmi Roshan @ Nigar v. Union of India & Ors. (09 Apr 2025) is the leading judgment on this section among those set out below: s.92(i) airman maintenance deduction mirrors s.91(i) — CG/prescribed-officer order required; writ cannot compel Air Force to treat contested spouse as wife for pay attachment.
How do I find court cases under Section 92 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 92, section 92 Air Force Act 1950, section 92 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 Rashmi Roshan @ Nigar v. Union of India & Ors. (09 Apr 2025).
What should I read with Section 92 of the Air Force Act, and has it changed?
Its own text turns on section 71 (Civil offences), section 82 (Punishment of persons other than officers and warrant officers), section 86 (Punishment of officers and warrant officers), section 90 (Collective fines), and on 1 further provision, so none of them can safely be read on its own. 5 other provisions in this corpus refer back to it.
When did Section 92 of the Air Force Act come into force?
Section 92 of the Air Force Act, cited as Air Force Act 1950 92, 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
- 34. Offences in relation to the enemy and punishable with death396 words
- 32. Priority in respect of Air Force personnel's litigation301 words
- 73. Punishments awardable by courts-martial286 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 16 Oct 2026. This page is not a substitute for legal advice.