Act 010 of 1917 : Army (Amendment) Act, 1917

Section 1. Short title

1. Short title.-This Act may be called the Indian Army (Amendment) Act, 1917.

Section 2. Amendment of Section 52 of Act 8 of 1911

2. Amendment of Section 52 of Act 8 of 1911.-In Section 52 of the Indian Army Act, 1911 (hereinafter referred to as "the said Act"), after the words "in such manner," the words "and to such extent" shall be inserted.

Section 3. Insertion of new Section 52-A in Act 8 of 1911

3. Insertion of new Section 52-A in Act 8 of 1911.-After Section 52 of the said Act, the following section shall be inserted, namely:-

"52-A. Provision for dependants of prisoners of war.-(1) In the case of all persons subject to this Act, being prisoners of war, whose pay and allowances have been forfeited under Section 50, but in respect of whom a remission has been made under Section 52, it shall be lawful, notwithstanding any provision in any enactment or any rule of law to the contrary, for proper provisions to be made by the prescribed authorities out of such pay and allowances for any dependants of such persons, and any such remission shall in that case be deemed to apply only to the balance thereafter remaining of such pay and allowances.

(2) Any payments hitherto made to dependants by way of deductions from pay and allowances which, if this section had been in force, could have been validly made are hereby validated."

Section 4. Amendment of Section 76 of Act 8 of 1911

4. Amendment of Section 76 of Act 8 of 1911.-In Section 76 of the said Act, in sub-section (1), the words "held by the Commanding Officer of a Corps or department" and sub-section (2), are hereby repealed.

Section 5. Substitution of new section for Section 112 of Act 8 of 1911

5. Substitution of new section for Section 112 of Act 8 of 1911.-For Section 112 of the said Act, the following section shall be substituted, namely:-

"112. Pardons and remissions.-When any person subject to this Act has been convicted by a Court-martial of any offence, the Governor-General in Council or the Commander-in-Chief in India or, in the case of a sentence which he could have confirmed or which did not required confirmation, the Officer Commanding the Army, Division or Independent Brigade in which such person at the time of his conviction was serving, or the prescribed officer may-

(1) pardon the person;

(2) mitigate or remit the punishment awarded, or commute such punishment for any less punishment or punishments mentioned in this Act;

(3) order the restoration to him of any service or other advantage forfeited under his sentence;

(4) re-admit him to the service when he has been dismissed therefrom:

Provided that a sentence of transportation shall be commuted for a sentence of imprisonment for a term exceeding the term of transportation awarded by the Court."

Section 6. Amendment of Section 113(2) of Act 8 of 1911

6. Amendment of Section 113(2) of Act 8 of 1911.-In Section 113(2) of the said Act, the following sub-head shall be inserted, namely:-

"(ii) the constitution of authorities to decide for what persons to what amounts and in what manner, provisions should be made for dependants under Section 52-A, and the due carrying out of such decisions."