The Air Force Act,1950 (Bare Act)/ Universal Law Publishing

THE AIR FORCE ACT, 1950
CHAPTER I
PRELIMINARY 1. Short title and commencement . . . 3
2. Persons subject to this Act . . . 3 3. Termination of application of the Act . . . 3 4. Definitions . . . 3
CHAPTER II SPECIAL PROVISIONS FOR THE APPLICATION OF ACT '
IN CERTAIN CASES 5. Application of Act to certain forces under the Central Government . . 6 6. Special provision as to rank In certain cases . . . 6 7. Commanding officer of persons subject to air force law under clause (d) of section 2 . . • ■ . 7 8. Officer exercising powers in certain cases . . . 7 9. Power to declare persons to be on active service . . . 7
CHAPTER III
COMMISSION, APPOINTMENT AND ENROLMENT 10. Commission and appointment . . . 7 11. Ineligibility of aliens for enrolment . g 12. Ineligibility of females for enrolment or employment . . g 13. Procedure before enrolling officer . . . g 14. Mode of enrolment . ' . 8 15. Validity of enrolment . . . g
16. Persons to be attested .. . i . g 17. Mode of attestation. V' •. . 9
CHAPTER IV
CONDITIONS OF SERVICE 18. Tenure of service under the Act . • . . 9 19. Termination of service by Central Government " . ; . 9 20. Dismissal, removal or reduction by Chief of the Air Staff and other officers . . i, •. 10 21. Power to modify certain fundamental rights in their application to persons subject to this Act . . . jq 22. Retirement, release or discharge . . H 23. Certificate on termination of service . » . , 11 24. Discharge or dismissal when out of India . ^ 11
CHAPTER V SERVICE PRIVILEGES . ^ 25. Authorised deductions only to be made from pay . n 26. Remedy of aggrieved airman . , /i, . H

Remedy of aggrieved officers Immimity from attachment Immunity from arrest f^ debt Immunity of persons attending courts-martial from arrest Privileges of reservists Priority in respect of Air Force personnel's litigation Saving of rights and privileges under other laws CHAPTER VI
OFFENCES
Offences in relation to the enemy and punishable with death Offences in relation to the enemy and not punishable with death Offences punishable more severely on active service than at other times Mutiny Desertion and aiding desertion Absence without leave Striking or threatening superior officer Disobedience to superior officer Insubordination and obstruction
Fraudulent enrolment False answers on er\rolment Unbecoming conduct Certain forms of disgraceful conduct Ill-treating a subordinale
Intoxication Permitting escape of person in custody Irregularity in connection with arrest or confinement Escape from custody Offences in respect of property Extortion and corruption Making away with fequipment Inquiry to property
False accusation. Falsifying official documents and false declaration Signing in blank and failure to report Offences relating to court-martial
False evidence. Unlawful detention of pay Offences in relation to aircraft and flying other offences reUKng to aircraft and flymg Disobedience of lawful command of captam of aucra Violation of good order and air force duaaplme Miscellaneous offences Abetamt of offences that have been commtted ■ Abutment of offences punishable with death a^ not commttted Abetment of offences punishable with imprisonment and not committed Civil offences. CivU offences not triable by court-martial

CHAPTER Vn
PUNISHMENTS
73. Punishments awardable by courts-martial 74. Alternative punishment awardable by court-martial 75. Combination of punishments 76. Cashiering of officers 77. Field punishment 78. Position of field purushment in scale of punishments 79. Result of certain punishments in the case of a warrant officer or a non-commissioned officer 80. Retention in the ranks of a person convicted on active service 81. Purushments otherwise than by court-martial 82. Punishment of persons other than officers and warrant officers 83. Requirement of sanction in certain cases. 84. Limit of punishments under section 82 85. Punishments in addition to those qjecified in section 82 86. Punishment of officers and warrant officers 87. Transmission of proceedings 88. Review of proceedings. 89. Superior Air Force authority
90. Collective fines.
CHAPTER Vrn
PENAL DEDUCTIONS 91. Deduction from pay and allowances of officers 92. Deductions ft:om pay and allowances of airmen 93. Computation of time of absence or custody 94. Pay and allowances during 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 war CHAPTER IX
ARREST AND PROCEEDINGS BEFORE TRIAL
102. Custody of offenders 103. Duty of commanding officer in regard to detention 104. Interval between commital and court-martial 105. Arrest by civil authorities 106. Capture of deserters. 107. Inquiry into absence without leave
108. Provost-marshals . . • . CHAPTER X
COURTS-MARTIAL
109. Different kinds of courts-martial 110. Power to convene a general court-martial 111. Power to convene a district court-martial

Contents of warrants issued under sections 110 and 111 Power to convene a summary general court-martial Composition of general court-martial Composition of distinct court-martial Composition of summary general court-martial
Dissolution of court-martial Powers of general and summary general courts-martial
Powers of district court-martial
Prohibition on second trial
Period of limitation for trial Liability of offender who ceases to be subject to Act
Place of trial
Choice between criminal court and court-martial Power of criminal court to require delivery of offender Successive trials by a criminal court and a court-martial CHAPTER XI
PROCEDURE OF COURTS-MARTIAL
Presiding officer Judge advocate Challenges Oaths of member. Judge advocate and witness Voting by members
General rule as to evidence Judicial notice Summoning witnesses Dociunents exempted from production Commissions for examination of witnesses
Exannination of a witness on commission. Conviction of offence not charged. Presumption as to signatures Enrolment paper Presumption as to certain documents Reference by accused to Government officer Evidence of previous convictions and general character Lunacy of accused Subsequent fitness of lunatic accused for trial Transmission to Central Government of orders under section 145
Release of lunatic accused Delivery of lunatic accused to relatives Order for custody and disposal of property pending trial Order for disposal of property regarding which offence is conunitted Powers of courts-martial when certain offences are committet by persons not subject to this Act CHAPTER XII CONFIRMATION AND REVISION Finding and sentence not valid unless confirmed Power to confirm finding and sentence of general court-martial Power to confirm finding and sentence of district court-martial. Limitation of powers of confirming authority

Power to confirm finding and sentence of summary general court-martial Powers of cortfirming authority to mitigate, remit or
commute sentences Confirming of findings and sentences on board a ship Revision of finding or sentence Alteration of finding or sentence in certain cases Remedy against order, finding or sentence of comi-martial Annulment of proceedings
CHAPTER Xm
EXECUTION OF SENTENCES
Form of sentence of death Commencement of sentence of transportation or imprisonment Execution of sentence of transportation Execution of sentence of imprisonment Temporary custody of offender Execution of sentence of imprisonment in special cases Conveyance of prison fi-om place to place
Execution of sentence of detention Communication of certain order to prison officers
Execution of sentence of fine Establishment and regulation of air force prisons Informality or error in the order or warrants Power to make rules in respect of prisons and prisoners Restriction of rule-making power in respect to corporal punishment
CHAPTER XIV
PARDONS, REMISSIONS AND SUSPENSIONS
Pardon and remission Cancellation of conditional pardon, release on parole or remission. .
Reduction of warrant officer or non-commissioned officer Suspension of sentence of transportation, imprisorunent or detention Orders pending suspension Release on suspension Computation of period of suspension . ^ Order after suspension Reconsideration of case after suspension Fresh sentence after susperxsion. Scope of power of suspension . , , Effect of suspension and remission on dismissal
CHAPTER XV
RULES
Power to make rules Powers to make regulations Publication of rules and regulations in Gazette > Laying of rules and regulations before Parliament [Repealed]
CHAPTER XVI
TRANSITORY PROVISIONS j
Definition of "British officer"
Power of British officer

THE AIR FORCE RULES, 1969
* CHAPTER I
PRELIMINARY
. Short title
, Definitions Reports and applications
Forms set forth in schedule Exercise of power vested in holder of air force appointment Cases unprovided for CHAPTER 11 ENROLMENT AND ATTESTATION Enrolling officers and form of enrolment
Persons to be attested Oath or affirmation to be taken on attestation CHAPTER HI DISMISSALS, discharges, ETC Discharge not to be delayed Discharge certificate . Date from which retirement discharge, release, dismissal otherwise than by sentence of a court-martial takes ettect
Release
Retirement Authorities empowered to authorise discharge Dismissal or removal of officers for misconduct . Removal from service of officers on grounds other than misconduct Dismissal or removal of a person subject to the Act other than an officer CHAPTER IV restrictions on ITJNDAME^AL r^^^^ PROVISIONS RELATING TO ARRESTS, ETC Membership of Organisations Political and other activities Coinmunications to Press, futures etc Manner and extent of custody pending tnai or court-martial proceedings Delay ^ investigation of charges and trial by court-martiai. md R,m«ni pr tml Disposal of the charge or adjoumirtent for s g own e summary of evidence Remand of accused . . ' Application of rules 24 and 25 to officers exercismg powers of a commanding officer • Action by officer having power to convene a district court-martial Action by officer having power to convene a general court-martial, limitation of powers of minor punist^ent accordmg to rank . c wnir.^ • I cnf of Subordmate Commanders disposal^ JJharge against officers and warrant officers

32. Summary award of punishment by commanding or other officer . . 70 33. Revision of minor punishments awarded under section 82 . . . 70
Framing Charges , • 34. Charge-sheet and cha^e . . . 70 35. Commencement of charge-sheet . . . 71 36. Contents of charge . . > . 71 37. Signature on charge-sheet . . . 71 38. Validity of charge-sheet . •. . 71 Preparation of Defence b\j Accused Persons 39. Opportunity for accused to prepare defence . . s 72 40. Warning of accused for trial . • » • . 72 41. Joint trial of several accused persons . . . 72 Exception from Rules 42. Suspension of rules on the ground of the exigencies of the service or the necessities of discipline . . . 73 Section 2.—General and District Courts-Material Convening the Court 43. Convening of general and district court-martial . .. 73 44. Adjoununent for insufficient number of officers . . . 74 45. IneligibUity and disqualification of officers for court-martial . . . 74 46. Composition of general court-martial . . . 74 47. Composition of a district court-martial . . . 75
48. Ui\its of members of court-martial . . . 75 Procedure at Trial—Constitution of Court 49. Inquiry by court as to legal constitution . . . 75 50. Inquiry by court as to amenability of accused and validity of charge . . 75 Procedure at Trial—Challenge and Swearing 51. Appearance of accused and prosecutor . . . 76 52. Proceedings for challenges of members of court . . . 76 53. Swearing or affirming of members . . . 76 54. Swearing or affirming of judge advocate and others . i . 77
55. Persons to administer oaths and affirmations . . . . 78 Prosecution, Defence and Summing up 56. Arraignment of accused . . . 78 57. Objection by accused to charge , . . 78 58. Amending of charge . . . 79 59. Special plea to the jurisdiction . . 79 60. General plea of "guilty" or "not guilty" . . . 79
61. Plea in bar . . . 80 62. Procedure after plea of "guilty" . . . 80 63. Withdrawal of plea of "not guilty" . . . 81 64. Plea of "not guilty" and case for prosecution > . . 81
65. Plea of no case . . . 82
66. Procedure for defence . . . 82 66A. Accused competent witness for defence . > . 82
67. Procedure where accused does not call witnesses to the facts of Qie case . 83
68. Procedure where accused calls witnesses to the facts of the case . . 83 69. Summing up by judge-advocate . . . 83 Finding and Sentence r 70. Consideration of finding . . . 83 71. Form, record and announcement of finding , , . 83 72. Procedure on acquittal . . — 84
73. Procedure on conviction
74. Sentence
75. Recommendation to mercy 76. Aimouncement of sent«nce and signing and transmission of proceedings Confirmation and Revision
77. Revision
78. Promulgation 79. Mitigation of sentence on partial confirmation 80. Confirmation notwithstanding informality in, or excess of punishment. 81. Member or prosecutor not to confirm proceedings General Provisions as to proceedings of General and District Courts-Martial 82. Seating of members 83. Responsibility of Presiding Officer 84. Power of court over address of prosecutor and accused 85. Procedure on trial of accused persons together 86. Separate charge-sheets * • 87. Sitting in closed court 87A. Courts Martial to be public 88. Hours of sitting 89. Continuity of trial and adjournment of court 90. Suspension of trial • 91. Proceedings on death or illness of the accused 92. Death, retirement or absence of presiding officer 93. Presence of members during trial 94. Taking of opinions of members of court 95. Procedure on incidental question 96. Swearing of court to try several accused persons 97. Swearing of interpreter and shorthand writer 98. Evidence, when to be translated 99. Record in proceedings of transactions of courts-martial 100. Custody and inspection of proceedings 101. Transmission of proceedings Defending Officer, Counsel and Friend of Accused 102. Defending officer and friend of accused 103. Counsel allowed in certain general and district courts-martial . 104. Requirements for appearance of counsel 105. Counsel for prosecution
106. Counsel for accused 107. General rules as to coui\sel 108. Qualifications of counsel 109. Statement by accused when defended by counsel or officer 110. Disqualifications of judge-advocate 111. Powers and duties of judge-advocate Witnesses and Evidence
112. Calling of all prosecutor's witnesses 113. Calling of witnesses whose evidence is not contained in summary 114. List of witnesses for accused 115. Procuring attendance of witnesses 116. Procedure when essential witness is absent 117. Withdrawal of witnesses from court
IX

Oath or affirmation to be administered to witnesses Mode of questioning witness Question to witness court or judge-advocate Recalling of witnesses and calling of witnesses in reply
Addresses
Addresses may be in writing
Insanity
Provisions as to finding of insanity Preservation of Proceedings Preservation of proceedings Right of person tried to copy of proceedings Copy of proceedings not to be given in certain cases Loss of proceeding Irregular Procedure When no Injustice is Done Validity or irregular procedure in certain cases Offences of Witnesses and Others
Offences of witnesses and others Section 3.—Summary General Courts-Martial Convening the court and record of proceedings
Charge Trial of several accused persons Challenges Swearing or affirming the court, judge-advocate etc. Arraigrunent Plea to jurisdiction
Evidence
Defence
Record of the evidence and defence Finding and sentence Adjourrunent Application of rules Evidence of opinion of convening officer Section 4.—Execution of sentences
Committal warrant
Warrants under section 171 Sentence of cashiering or dismissal Custody of person under sentence of death Opporturuty for petition against sentence of death
Death warrant
Execution of sentence of death Procedure on pardon, or where proceedings are set aside or where sentence of death is commuted or remitted Field pimishment Nature of punishment of detention CHAPTER VI
COURTS OF INQUIRY
General Courts of inquiry under section 107 for the purpose of determining the illegal absence of persons subject to the Act Courts of inquiry other than those held under section 107 Imposition of collective fines under sub-section (1) of section 90
Page

CHAPTER VII
PRESCRIBED AUTHORITIES, OFFICERS AND OTHER MATTERS 158. Conditions prescribe^ under section 4 (xxiii) (b) • 159. Conditions prescribed under section 4 (xxvii) 160. Prescribed officer under section 7(1) 160A. Prescribed officers under setion 20(3)
161. Prescribed officer under section 80 162. Prescribed officer under section 92(i)
163. Prescribed officer under .section 94 of the Act 164. Prescribed authority under section 98
165. Pre.scribed authorities under sections 99 and 100 166. Prescribed officers under section 108(1)
167. Pre.scribed officers under section 124
168. Prescribed officer under section 141(1) 169. Manner of custody under section 144(4)
170. Pre.scribed officer under section 145
171. Prescribed officer under section 161(2) 172. Pre.scribed officer under section 162 and annulment of proceedings
173. Prescribed officer under section 166(1)
174. Prescribed officer under section 177
FIRST SCHEDULE
FORM A-1.—Form of Enrolment as combatant
FORM A-2.—Form of Entrolment as non-combatant
FORM A-3.—Form of Attestation Certificate
FORM A-4.—Form for Variation in Conditions of Service
FORM A-5.—Form for Transfer to Reserve
SECOND SCHEDULE.—Form of delay report under section 104
THIRD SCHEDULE.—Froms of Summons
FORM C-1.— Form of summons to a witness to attend the hearing of the charge by the commanding officer or to attend the taking of a summary of evidence
FORM C-2.— Form of Summons to a witness summoned to attend a
Court-Martial
FOURTH SCHEDULE.—Forms for Summary Disposal of Charges
under section 86, Air Force Act, 1950 • . . '
FORM D-1.—Summary Disposal Form
FORM D-2.—Summary Disposal Form
FIFTH SCHEDULE.—IChnrge shirt—See rule 34(1)]
SIXTH SCHEDULE.—Forms as to Courts-Martial
FORM F-1.— Form of Declaration of Exigencies of the Service or the Necessities of Discipline FORM F-2(A).—Form of Order for the Assembly of a General (or District) Court-Martial
FORM F-2(B).— Form of Proceedings of a General (or District) Court-Martial (including some of the incidents which may occur to vary the ordinarycour.se of procedure, with instructions for the guidance of the Court)
FORM F-3.— Form for Assembly and Proceedings of a Summary General Court-Martial

SEVENTH SCHEDULE.—Foms of Warrants . . . 159 FORM G-1.— Warrant for use when prisoner sentenced to detention is to be delivered into the custody of an officer in charge of a military or air force detention barrack . . 159 FORM G-2.— Warrant of commitment for use when a prisoner is sentenced to imprisonment which is to be undergone in a military or Air Force prison • 1^9 FORM G-3.— Warrant of commitment for use when a prisoner is sentenced to rigorous or simple imprisonment which is to be undergone in civil prison 1^® form G-4.— Warrant of commitment for use when a prisoner is sentenced to . . . 161
FORM G-5.— Warrant for committing a person sentenced to death by a court-martial to the custody of an air force, military or civil prison or air force or military detention barrack pending confirmation or the carrying out of the sentence . . • 161 FORM G-6.— Warrant to obtain person sentenced to death from air force, military or civil prison or air force or military detention barrack to carry out such sentence . . . 162 FORM G-7.— Death Warrant . . . 163 FORM G-8.— Warrant for use when prisoner under a sentence other than of death is to be delivered into military or air force custody . 164 FORM G-9.— Warrant for use when a prisoner under sentence other than of death is pardoned or his trial set aside, or when the whole sentence, or the unexpired portion thereof, is remitted . . 165
FORM G-10.—Warrant for use when a sentence of rigorous or simple imprisonment is reduced by superior authority or when one of imprisonment for life is commuted to one of rigorous or simple imprisonment • • •
FORM G-11.—Warrant to obtain into air force custody person sentenced to death from air force, military or civil prison or air force or military detention barrack for a purpose other than carrying out the sentence of death • 1^^ FORM G-12.—Warrant for use when a prison sentenced to death is pardoned or his trial is set aside, or when the sentence of death is not
confirmed or is remitted • •
FORM G-13.—Warrant for use when sentence of death is commuted to imprisonment (including life imprisonment) or the sentence of death or imprisonment (including life imprisonment) is commuted to detention, to be served at the same place . . 168
FORM G-14.—Warrant for use when sentence of death is commuted to imprisonment (including life imprisonment) or the sentence of death or imprisonment (including life imprisonment) is commuted to detention, to be served at a different place.