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LAWGIST

The Air Force Act

An Act to consolidate and amend the law relating to the government of the Air Force.
1950
List of Chapters & Sections

  1. PRELIMINARY

  2. 1
     Short title and commencement
  3. 2
     Persons subject to this Act
  4. 3
     Termination of application of the Act
  5. 4
     Definitions

  • SPECIAL PROVISIONS FOR THE APPLICATION OF ACT IN CERTAIN CASES

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

  • COMMISSION, APPOINTMENT AND ENROLMENT

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

  • CONDITIONS OF SERVICE

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

  • SERVICE PRIVILEGES

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

  • OFFENCES

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

  • PUNISHMENTS

  • 73
     Punishments awardable by courts-martial
  • 74
     Alternative punishments awardable by court-martial
  • 75
     Combination of punishments
  • 76
     Cashiering of officer
  • 77
     Field punishment
  • 78
     Position of field punishment in scale of punishment
  • 79
     Result of certain punishments in the case of a warrant officer or a non-commissioned office
  • 80
     Retention in the ranks of a person convicted on active service
  • 81
     Punishments otherwise than by court-martia
  • 82
     Punishment of persons other than officers and warrant officers
  • 83
     Requirement of sanction in certain case
  • 84
     Limit of punishments under section 82
  • 85
     Punishments in addition to those specified in section 8
  • 86
     Punishment of officers and warrant officers
  • 87
     Transmission of proceedings
  • 88
     Review of proceeding
  • 89
     Superior air force authorit
  • 90
     Collective fines

  • PENAL DEDUCTIONS

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

  • ARREST AND PROCEEDINGS BEFORE TRIAL

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

  • COURTS-MARTIAL

  • 109
     Different kinds of courts-martial
  • 110
     Power to convene a general court-martial
  • 111
     Power to convene a district court-martial
  • 112
     Contents of warrants issued under sections 110 and 11
  • 113
     Power to convene a summary general court-martial
  • 114
     Composition of general court-martial
  • 115
     Composition of district court-martial
  • 116
     Composition of summary general court-martial
  • 117
     Dissolution of court-martial
  • 118
     Powers of general and summary general courts-martial
  • 119
     Powers of district Court-martial
  • 120
     Prohibition of second trial
  • 121
     Period of limitation for trial
  • 122
     Liability of offender who ceases to be subject to Act
  • 123
     Place of tria
  • 124
     Choice between criminal court and court-martial
  • 125
     Power of criminal court to require delivery of offender
  • 126
     Successive trials by a criminal, court and a court-martial

  • PROCEDURE OF COURTS-MATRIAL

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

  • CONFIRMATION AND REVISION

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

  • EXECUTION OF SENTENCES

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

  • PARDONS REMISSIONS AND SUSPENSIONS

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

  • RULES

  • 189
     Power to make rules
  • 190
     Power to make regulation
  • 191
     Publication of rules and regulations in Gazette
  • 191A
     Laying of rules and regulations before Parliament
  • 192
     Repealed

  • TRANSITORY PROVISIONS

  • 193
     Definition of British officer
  • 194
     Powers of British officer