Section List

Act Number: 45

Act Name: The Air Force Act, 1950

Year: 1950

Enactment Date: 1950-05-18

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

Ministry: Ministry of Defence

Department: Department of Military Affairs

Section NumberTitleActions
1 Short title and commencement.
2 Persons subject to this Act.
3 Termination of application of the Act.
4 Definitions.
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.
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.
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.
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.
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 conduct
46 Certain forms of disgraceful conduct.
47 III-treating a subordinate
48 Intoxication.
49 Permitting escape of person in custody.
50Irregularity in connection with arrest or confinement.
51Escape from custody.
52Offences to respect of property.
53 Extortion and corruption.
54Making away with equipment
55 Injury to property.
56 False accusation.
57Falsifying official documents and false declaration.
58Signing in blank and failure to report.
59 Offences relating to courts-martial.
60False evidence
61 Unlawful detention of pay.
62 Offences in relation to aircraft and flying
63 Other offences relating to aircraft and flying.
64Disobedience of lawful command of captain of aircraft.
65Violation of good order and air force discipline.
66 Miscellaneous offences.
67 Attempt.
68Abetment of offences that have been committed.
69Abetment of offences punishable with death and not committed.
70Abetment of offences punishable with imprisonment and not committed.
71 Civil offences
72 Civil offences not triable by court-martial.
73Punishments awardable by courts-martial.
74 Alternative punishments awardable by court-martial.
75 Combination of punishments.
76 Cashiering of officers
77Field punishment.
78 Position of field punishment in scale of punishments
79Result of certain punishments in the case of a warrant officer or a non-commissioned officer
80Retention in the ranks of a person convicted on active service.
81 Punishments otherwise than by court-martial
82Punishment of persons other than officers and warrant officers.
83 Requirement of sanction in certain cases
84 Limit of punishments under section 82.
85Punishments in addition to those specified in section 82
86 Punishment of officers and warrant officers.
87 Transmission of proceedings.
88Review of proceedings
89 Superior air force authority
90Collective fines.
91 Deductions from pay and allowances of officers.
92 Deductions from pay and allowances of airmen
93 Computation of time of absence of custody.
94Pay and allowances daring trial.
95Limit of certain deductions.
96 Deduction from public money due to a person.
97Pay and allowances of prisoner of war during inquiry into his conduct.
98 Remission of deductions.
99Provision for dependants of prisoner of war from remitted deductions.
100Provision for dependants of prisoner of war from his pay and allowances.
101 Period during which a person is deemed to be a prisoner of war
102Custody of offenders
103 Duty of commanding officer in regard to detention.
104 Interval between committal and court-martial
105 Arrest by civil authorities.
106Capture of deserters.
107Inquiry into absence without leave.
108 Provost-marshals.
109 Different kinds of courts-martial.
110 Power to convene a general court-martial.
111Power to convene a district court-martial.
112Contents of warrants issued under sections 110 and 111
113Power to convene a summary general court-martial.
114Composition of general court-martial.
115 Composition of district court-martial.
116 Composition of summary general court-martial.
117Dissolution of court-martial.
118Powers of general and summary general courts-martial.
119 Powers of district Court-martial.
120 Prohibition of second trial.
121 Period of limitation for trial.
122Liability of offender who ceases to be subject to Act.
123 Place of trial
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.
127 Presiding Officer.
128 Judge Advocate.
129Challenges
130 Oaths of member, Judge advocate and witness.
131Voting by members
132General rule as to evidence.
133Judicial notice.
134 Summoning witnesses
135 Documents exempted from production.
136Commissions for examination of witnesses.
137Examination of a witness on commission.
138Conviction of offence not charged.
139Presumption as to signatures.
140 Enrolment paper.
141 Presumption as to certain documents.
142Reference by accused to Government officer.
143 Evidence of previous convictions and general character
144Lunacy of accused
145Subsequent fitness of lunatic accused for trial.
146Transmission to Central Government of orders under section 145.
147Release of lunatic accused.
148 Delivery of lunatic accused to relatives
149Order for custody and disposal of property pending trial
150 Order for disposal of property regarding which offence is committed
151 Powers of courts-martial when certain offences are committed by persons not subject to this Act.
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 authority
156Power to confirm finding and sentence of summary general courts- martial.
157Power of confirming authority to mitigate, remit or commute sentences.
158Confirming of findings and sentences on board a ship.
159Revision of finding or sentence.
160 Alteration of finding or sentence in certain cases
161 Remedy against order, finding or sentence of court-martial.
162 Annulment of proceedings.
163Form of sentence of death
164Commencement of sentence of transportation or imprisonment.
165 Execution of sentence of transportation.
166 Execution of sentence of imprisonment.
167Temporary custody of offender.
168 Execution of sentence of imprisonment in special cases.
169Conveyance of prisoner from place to place.
170Execution of sentence of detention.
171 Communication of certain orders to prison officers.
172Execution of sentence of fine
173Establishment and regulation of air force prisons.
174 Informality or error in the order or warrants.
175Power to make rules in respect of prisons and prisoners.
176Restriction of rule-making power in respect to corporal punishment.
177Pardon and remission.
178 Cancellation of conditional pardon, release on parole or remission.
179 Reduction of warrant officer or non-commissioned officer
180Suspension of sentence of transportation, imprisonment or detention.
181 Orders pending suspension.
182Release on suspension.
183 Computation of period of suspension.
184 Order after suspension.
185Reconsideration of case after suspension
186 Fresh sentence after suspension.
187 Scope of power of suspension
188 Effect of suspension and remission on dismissal.
189 Power to make rules.
190 Power to make regulations
191 Publication of rules and regulations in Gazette.
191ALaying of rules and regulations before Parliament.
192Repealed.
193Definition of British officer.
194Powers of British officer.
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