Act 014 of 1932 : Indian Air Force Act, 1932

Section 1. Short title and commencement

Chapter I - Preliminary

CHAPTER I.

Preliminary.

1. Short title and commencement:- ⁴[* * *]

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Prior to repeal by Act 45 of 1950, Section 1 read as:

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1. Short title and commencement.- (1) This Act may be called the Indian Air Force Act, 1932.

(2) It shall come into force on such date^* as the ^**[Central Government] in Council may, by notification in the ^***[Official Gazette], appoint.

Section 2. Persons subject to this Act

2. Persons subject to this Act:- ²[* * *]

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Prior to repeal by Act 45 of 1950, Section 2 read as:

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2. Persons subject to this Act.- (1) The following persons shall be subject to this Act, Object to namely:-

(a) officers and warrant officers of the Indian Air Force;

(b) persons enrolled under this Act;

(c) persons not otherwise subject to military ¹[, naval] or air force law, who, on active service, in camp, on the march, or at any frontier post specified by the Governor General in Council by notification in this behalf, are employed by, or are in the service of, or are followers of or accompany any portion of, the Indian Air Force.

(2) Every person who has become subject to this Act under sub-section (1), clause (a) or (b), shall remain so subject until duly discharged or dismissed.

Section 3. Special provision as to rank in certain cases

3. Special provision as to rank in certain cases:- ²[* * *]

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Prior to repeal by Act 45 of 1950, Section 3 read as:

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3. Special provision as to rank in certain cases.- (1) The ^*[Central Government] may, by notification, direct that any persons or class of persons subject to this Act under section 2, sub-section (1), clause (c), shall be so subject as officers, warrant officers or non-commissioned officers, and may authorise any officer to give a like direction with respect to any such person and to cancel such direction.

(2) All persons subject to this Act other than officers, warrant officers and non-commissioned officers shall, if they are not persons in respect of whom a notification or direction under sub-section (1) is in force, be deemed to be of a rank inferior to that of a non-commissioned officer.

Section 4. Commanding officer of certain persons

4. Commanding officer of certain persons:- ¹[* * *]

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Prior to repeal by Act 45 of 1950, Section 4 read as:

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4. Commanding officer of certain persons.- Every person subject to this Act under section 2, sub-section (1), clause (c), shall, for the purposes of this Act, be deemed to be under the commanding officer of the corps, unit or detachment (if any) to which he is attached, and if he is not attached to any corps, unit or detachment, under the command of any officer who may for the time being be, named as his commanding officer by the officer commanding the force with which such person may for the time being be serving, or of any other prescribed officer, or, if no such officer is named or prescribed, under the command of the said officer commanding the force:

Provided that an officer commanding a force shall not place a person under the command of an officer of official rank inferior to that of such person if there is present at the place where such person is any officer of higher rank under whose command he can be placed.

Section 5. Officers to exercise powers in certain cases

5. Officers to exercise powers in certain cases:- ³[* * *]

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Prior to repeal by Act 45 of 1950, Section 5 read as:

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5. Officers to exercise powers in certain cases.- (1) Whenever persons subject to this Act are serving whether within or without India under an officer not subject to this Act, the Governor General in Council may prescribe the officer by whom the powers which, under this Act, may be exercised by officers commanding units, shall, as regards such persons, be exercised.

(2) The ^*[Central Government] General in Council may confer such powers either absolutely or subject to such restrictions, reservations, exceptions and conditions as ¹it may think fit.

Section 6. Definitions

6. Definitions:- ⁹[* * *]

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Prior to repeal by Act 45 of 1950, Section 6 read as:

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6. Definitions.- In this Act, miles there is something repugnant in the subject or context,-

(1) "officer of the Indian Air Force" means a person commissioned, gazetted or in pay as an officer of the Indian Air Force;

(2) "warrant officer" means a person appointed, gazetted or in pay as a warrant officer in the Indian Air Force;

(3) "non-commissioned officer" means a person attested under this Act holding a non-commissioned rank in the Indian Air Force, and includes an acting non-commissioned officer;

(4) "officer" means an officer of ¹[the Regular Army, the Indian Navy or the Indian Air Force or of] any of His Majesty's naval, military or air forces, but does not include a warrant officer or non-commissioned officer;

(5) "airman" means any person subject to this Act other than an officer;

(6) "commanding officer", used in relation to a person subject to this Act, means the officer for the time being in command of the unit or detachment to which such person belongs or is attached;

(7) "superior officer", when used in relation to a person subject to this Act, includes a warrant officer and a non-commissioned officer; and, as regards persons placed under his orders, an officer, a warrant officer or non-commissioned officer of ²[the Regular Army, the Indian Navy or of] any of His Majesty's naval, military or air forces;

(8) "corps" means any body of the Indian Air Force which is prescribed as a corps for the purposes of all or any of the provisions of this Act;

(9) "unit" means any body of the Indian Air Force which is prescribed as a unit for the purposes of all or any of the provisions of this Act;

(10) "enemy" includes all armed mutineers, armed rebels, armed rioters, pirates and any person in arms against whom it is the duty of a person subject to naval, military or air force law to act;

(11) "active service" as applied to a person subject to this Act, means the time during which such person is attached to, or forms part of, a force which is engaged in operations against an enemy, or is engaged in warlike operations in, or is on the line of march to, a country or place wholly or partly occupied by an enemy, or is in military occupation of any foreign country, and includes, in respect of a person subject to this Act attached to or forming part of a force which is about to be or has recently been on such active service, such time as the ³[Central Government] may, by notification in the ⁴[Official Gazette], declare to be active service in respect of such force;

(12) "air force custody" means the arrest or confinement of a person according to the usages of ⁵[the Regular Army or the Indian Air Force], and includes military custody;

(13) "air force reward" includes any gratuity or annuity for long service or good conduct, any good conduct pay, good service pay or pension, and any other air force pecuniary reward;

(14) "court-martial" means a court-martial held under this Act;

(15) "criminal court" means a court of ordinary criminal justice in ⁶[a Part A state or a Part C State], or established elsewhere by the authority of the ⁷[Central Government or the Crown Representative];

(16) "offence" means any act or omission made punishable by any law for the time being in force;

(17) "air force offence" means any act or omission made punishable by this Act;

(18) "civil offence" means an offence which, if committed in ⁶[a Part A state or a Part C State], would be triable by a criminal court;

(19) ⁸[* * *]

(20) "notification" means a notification published in the Gazette of India;

(21) "prescribed" means prescribed by rules made under this Act; and

(22) all words and expressions used herein and defined in the Indian Penal Code (LV of 1860), and not hereinbefore defined, shall be deemed to have the meanings respectively attributed to them by that Code.

Section 6-A. Application of Act to existing personnel

6-A. Application of Act to existing personnel:- ¹[* * *]

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Prior to repeal by Act 45 of 1950, Section 6-A read as:

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6-A. Application of Act to existing personnel.- (1) All persons, who, immediately before the commencement of the Constitution, were subject to this Act as then in force, shall be deemed to be part of the Indian Air Force and shall be under the same obligations to serve the Union as they were under to serve His Majesty; and all such persons shall continue to be. subject to this Act and all other Acts, Ordinances, Regulations and provisions relating to the Indian Air Force for the time being in force.

(2) Every person being a citizen of India who, immediately before the commencement of the Constitution, was subject to this Act as then in force as an officer of the Indian Air Force or as a warrant officer shall, as from such commencement, be deemed to have been commissioned or appointed as an officer of the Indian Air Force or as a warrant officer, as the case may be, in the Indian Air Force and shall thereafter be subject-to this Act accordingly.

(3) Every person who, immediately before the commencement of the Constitution, was subject to this Act as then in force as a person attested or enrolled in the Indian Air Force shall, as from such commencement, be deemed to have been attested or enrolled, as the case may be, in the Indian Air Force, and shall thereafter be subject to this Act accordingly.

Section 7. Procedure before enrolling officer

Chapter II - Enrolment, Attestation, Dismissal, Discharge and Reduction

CHAPTER II.

Enrolment, Attestation, Dismissal, Discharge and Reduction.

7. Procedure before enrolling officer:- ¹[* * *]

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Prior to repeal by Act 45 of 1950, Section 7 read as:

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7. Procedure before enrolling officer.- Upon the appearance before the prescribed enrolling officer of any person desirous of being enrolled, the enrolling officer shall read and explain to him, or cause to be read and explained to him in his presence, the conditions of the service for which he is to be enrolled; and shall put to him the questions set forth in the prescribed form of enrolment, and shall, after having cautioned him that if he makes a false answer to any such question he will be liable to punishment under this Act, record or cause to be recorded his answer to each such question.

Section 8. Enrolment

8. Enrolment:- ¹[* * *]

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Prior to repeal by Act 45 of 1950, Section 8 read as:

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8. Enrolment.- If, after complying with the provisions of section 7, the enrolling officer is satisfied that the person desirous of being enrolled fully understands the questions put to him and consents to the conditions of service, and if he perceives no impediment, he shall sign and shall cause the person to sign the enrolment paper, and the person shall be then deemed to be enrolled.

Section 9. Conditions for enrolment

9. Conditions for enrolment:- ²[* * *]

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Prior to repeal by Act 45 of 1950, Section 9 read as:

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¹[9. Conditions for enrolment.- Except as otherwise prescribed, the enrolling officer shall not cause any person to sign the enrolment paper unless he is satisfied that such person is a citizen of India.]

Section 10. Presumption of enrolment in certain cases

10. Presumption of enrolment in certain cases:- ¹[* * *]

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Prior to repeal by Act 45 of 1950, Section 10 read as:

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10. Presumption of enrolment in certain cases.- Every person who has for the space of six months been in the receipt of air force pay and been borne on the rolls of any unit shall be deemed to have been duly enrolled, notwithstanding any illegality or irregularity in his enrolment.

Section 11. Persons to be attested

11. Persons to be attested:- ¹[* * *]

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Prior to repeal by Act 45 of 1950, Section 11 read as:

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11. Persons to be attested.- The following persons shall be attested, namely:-

(a) all persons enrolled as combatants;

(b) all other enrolled persons prescribed by the Governor General in Council.

Section 12. Mode of attestation

12. Mode of attestation:- ²[* * *]

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Prior to repeal by Act 45 of 1950, Section 12 read as:

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12. Mode of attestation.- (1) When a person who is to be attested is reported fit for duty, or has completed the prescribed period of probation, an oath or affirmation shall be administered to him in the prescribed form by his commanding officer in front of his unit or such portion thereof as may be present, or by any other prescribed person.

(2) The form of oath or affirmation prescribed under this section shall contain a promise that the person to be attested will ¹[bear true faith and allegiance to the constitution of India as by law established], and that he will serve in the Indian Air Force and go wherever he is ordered by air, land or sea, and that he will obey all commands of any officer set over him, even to the peril of his life.

(3) The fact of an enrolled person having taken the oath or affirmation directed by this section to be taken shall be entered on his enrolment paper, and authenticated by his signature and by the signature of the officer administering the oath or affirmation.

Section 13. Dismissal by Governor General in Council

13. Dismissal by Governor General in Council:- ²[* * *]

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Prior to repeal by Act 45 of 1950, Section 13 read as:

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13. Dismissal by Governor General in Council.- The ¹[Central Government] may at any time dismiss from the service any person subject to this Act.

Section 14. Dismissal by the Air Officer Commanding or prescribed officer

14. Dismissal by the Air Officer Commanding or prescribed officer:- ²[* * *]

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Prior to repeal by Act 45 of 1950, Section 14 read as:

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14. Dismissal by the Air Officer Commanding or prescribed officer.- ¹[the Commander-in-Chief, Indian Air Forces], or any prescribed officer, may at any time dismiss from the service any person subject to this Act other than an officer.

Section 15. Discharge

15. Discharge:- ¹[* * *]

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Prior to repeal by Act 45 of 1950, Section 15 read as:

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15. Discharge.- The prescribed authority may, in conformity with any rules prescribed in this behalf, discharge from the service any person subject to this Act.

Section 16. Certificate to person dismissed or discharged

16. Certificate to person dismissed or discharged:- ¹[* * *]

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Prior to repeal by Act 45 of 1950, Section 16 read as:

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16. Certificate to person dismissed or discharged.- Any enrolled person who is dismissed or discharged from the service shall be furnished by his commanding officer with a certificate setting forth-

(a) the authority dismissing or discharging him;

(b) the cause of his dismissal or discharge; and

(c) the full period of his service in the Indian Air Force.

Section 17. Discharge and dismissal out of India

17. Discharge and dismissal out of India:- ¹[* * *]

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Prior to repeal by Act 45 of 1950, Section 17 read as:

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17. Discharge and dismissal out of India.- (1) Any enrolled person who is entitled under the conditions of his enrolment to be discharged, or whose discharge is ordered by competent authority, and who, when he is so entitled or ordered to be discharged, is serving out of India, and requests to be sent to India, shall, before being discharged be sent to India with all convenient speed.

(2) Any person subject to this Act who is dismissed from the service and who, when he is so dismissed, is serving out of India, shall be sent to India with all convenient speed:

Provided that, where any such person is sentenced to dismissal combined with any other punishment, such other punishment, or, in the case of a sentence of imprisonment, a portion of such other punishment, may be inflicted before he is sent to India.

Section 18. Reduction

18. Reduction:- ²[* * *]

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Prior to repeal by Act 45 of 1950, Section 18 read as:

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18. Reduction.- (1) ¹[the Commander-in-Chief, Indian Air Forces], or any prescribed officer, may at any time reduce any warrant officer or any non-commissioned officer to a lower grade or to a lower rank or to the ranks, or any airman other than a warrant officer or non-commissioned officer to a lower class in the ranks.

(2) The commanding officer of an acting non-commissioned officer may order him to revert to his permanent grade as a non-commissioned officer or, if he has no permanent grade above the ranks, to the ranks.

Section 19. Punishments

Chapter III - Punishments and Penal Deductions

CHAPTER III.

Punishments and Penal Deductions.

19. Punishments:- ²[* * *]

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Prior to repeal by Act 45 of 1950, Section 19 read as:

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19. Punishments.- Punishments may be inflicted in respect of offences committed, by persons subject to this Act, and convicted by court-martial, according to the scale following, that is to say,-

(a) death;

(b) imprisonment, which shall be of two degrees, namely:-

(i) long imprisonment, which shall be rigorous and for a term not less than three years and not exceeding fourteen years, and

(ii) short imprisonment, which may be rigorous or simple, for a term not exceeding two years;

(c) in the case of airmen, detention for a term not exceeding two years;

(d) dismissal from the service;

(e) in the case of officers and warrant officers, suspension from rank, pay and allowances for a period not exceeding two months;

(f) reduction, in the case of a warrant officer, or a non commissioned officer, to a lower grade, or to a lower rank or to the ranks;

(g) in the case of officers, warrant officers and non-commissioned officers, forfeiture of seniority of rank;

(h) in the case of officers, warrant officers and non-commissioned officers, reprimand or severe reprimand;

(i) forfeitures and stoppages as follows, namely:-

(i) forfeiture of service for the purpose of promotion, increased pay, pension or any other prescribed purpose;

(ii) forfeiture of any military ¹[, naval] or air-force decoration or military ¹[, naval] or air force reward;

(iii) forfeiture, in the case of a person sentenced to dismissal from the service, of all-arrears of pay and allowances due to him at the time of such dismissal;

(iv) stoppages of pay and allowances until any proved loss or damage occasioned by the offence of which he is convicted is made good;

(v) on active service, forfeiture of pay and allowances for a period not exceeding three months.

Section 20. Power to award lower punishments

20. Power to award lower punishments:- ¹[* * *]

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Prior to repeal by Act 45 of 1950, Section 20 read as:

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20. Power to award lower punishments.- Where in respect of any offence under this Act there is specified a particular punishment, there may be awarded in respect of that offence instead of such particular punishment (but subject to the other provisions of this Act as to punishments and regard being had to the nature and degree of the offence) any one punishment lower in the above scale than the particular punishment.

Section 21. Field punishment

21. Field punishment:- ¹[* * *]

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Prior to repeal by Act 45 of 1950, Section 21 read as:

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21. Field punishment.- (1) Where any person, subject to this Act and under the rank of warrant officer, on active service is guilty, of any offence, it shall be lawful for a court-martial to award for that offence any such punishment as may be prescribed as a field punishment. Field punishment shall be of the character of personal restraint or of hard labour but shall not be of a nature to cause injury to life or limb.

(2) Field punishment shall, for the purpose of commutation, be deemed to stand in the scale of punishments next below dismissal.

Section 22. Combination of punishments

22. Combination of punishments:- ¹[* * *]

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Prior to repeal by Act 45 of 1950, Section 22 read as:

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22. Combination of punishments.- A sentence of a court-martial may award, in addition to or without any one other punishment, any one or more of the punishments specified in clauses (d), (f), (h) and (i) of section 19.

Section 23. Reduction of non-commissioned officers ana warrant officers to ranks

23. Reduction of non-commissioned officers ana warrant officers to ranks:- ¹[* * *]

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Prior to repeal by Act 45 of 1950, Section 23 read as:

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23. Reduction of non-commissioned officers ana warrant officers to ranks.- A warrant officer or non-commissioned officer sentenced by court-martial to imprisonment, detention, field punishment or dismissal from the service, shall be deemed to be reduced; to the ranks.

Section 24. Retention in the ranks of person convicted on active service

24. Retention in the ranks of person convicted on active service:- ¹[* * *]

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Prior to repeal by Act 45 of 1950, Section 24 read as:

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24. Retention in the ranks of person convicted on active service.- When any enrolled person on active service has been sentenced by court-martial to dismissal or to imprisonment, whether combined with dismissal or not, the prescribed officer may direct that such person may be retained to serve in the ranks, and where such person has been sentenced to imprisonment, such service shall be reckoned as part of his term of imprisonment.

Section 25. Minor punishments

25. Minor punishments:- ²[* * *]

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Prior to repeal by Act 45 of 1950, Section 25 read as:

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25. Minor punishments.- (1) The ¹[Central Government] may prescribe the minor punishments to which persons subject to this Act shall be liable without the intervention of a court-martial, and the officer or officers by whom, and the extent to which, such minor punishments may be awarded.

(2) Detention and, in the case of persons subject to this Act on active service, any prescribed field punishment may be specified as minor punishments:

Provided that-

(a) the term of such detention or field punishment shall not exceed twenty-eight days; and

(b) detention or field punishment shall not he awarded to any person of or above the rank of non-commissioned officer, or who, when he committed the offence in respect of which it is awarded, was of or above such rank.

(3) The provisions of sections 77, 78 and 79 shall apply to the proceedings of officers empowered to award minor punishments under this section as if such officers were courts-martial.

Section 26. Deductions from pay and allowances

26. Deductions from pay and allowances:- ³[* * *]

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Prior to repeal by Act 45 of 1950, Section 26 read as:

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26. Deductions from pay and allowances.- (1) The following penal deductions may be made from the pay and allowances of an officer of the Indian Air Force, that is to say,-

(a) all pay and allowances due to an officer who absents himself without leave or overstays the period for which leave of absence has been granted to him, unless a satisfactory explanation has been given to his commanding officer and has been approved by the ¹[Central Government];

(b) any sum required to make good such compensation for any expenses, loss, damage or destruction occasioned by the commission of any offence as may be determined by the court-martial by whom he is convicted of such offence; ²[or by an officer exercising authority under section 25]

(c) any sum required to make good the pay of any officer or airman which he has unlawfully retained or unlawfully refused to pay;

(d) any sum required to make good any loss, damage or destruction of public or service property which, after due investigation, appears to the ¹[Central Government] to have been occasioned by any wrongful act or negligence on the part of the officer.

(2) 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 imprisonment or detention awarded by a criminal court, a court-martial or an officer, exercising authority under section 25, or of field punishment, awarded by a court-martial or such officer;

(b) all pay and allowances for every day whilst he is in custody on a charge for an offence of which he is afterwards convicted by a criminal court or court-martial, or on a charge of absence without leave for which he is afterwards awarded imprisonment, detention or field punishment by an officer exercising authority under section 25;

(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 beer, 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 prescribed;

(e) all pay and allowances ordered by a court-martial to be suspended or forfeited;

(f) any sum ordered by a court-martial to be stopped;

(g) any sum required to make good such compensation for any expenses caused by him, or for any loss of or damage or destruction done by him to any arms, ammunition, equipment, clothing, instruments, service necessaries, or military decoration, or to any buildings or property, as may be awarded by his commanding officer;

(h) any sum required to pay a fine awarded by a criminal court, a court-martial exercising jurisdiction under section 58 or an officer exercising authority under section 25:

Provided that the total deductions from the pay and allowances of a person subject to this Act made under clauses (e) to (g), both inclusive, shall not (except in the case, of a person sentenced sentenced to dismissal) exceed in any one month one-half of his pay and allowances for that month.

Explanation.-For the purposes of clauses (a) and (b)-

(i) no person shall be treated as absent, imprisoned, or detained, unless the absence, imprisonment, or detention has lasted six hours or upwards, except where the absence prevented the absentee from fulfilling any air force duty which was thereby thrown on some other person;

(ii) a period of absence, imprisonment, or detention which commences before and ends after midnight may be reckoned as a day;

(iii) the number of days shall be reckoned as from the time when the absence, imprisonment, or detention commences; and

(iv) no period of less than twenty-four hours shall be reckoned as more than one day.

Section 27. Deductions from public money other than pay

27. Deductions from public money other than pay:- ¹[* * *]

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Prior to repeal by Act 45 of 1950, Section 27 read as:

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27. Deductions from public money other than pay.- Any sum authorised by this Act to be deducted from the pay and allowances of any person may, without prejudice to any other mode of recovering the same, be deducted from any public money due to him other than a pension.

Section 28. Remission of deductions

28. Remission of deductions:- ¹[* * *]

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Prior to repeal by Act 45 of 1950, Section 28 read as:

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28. Remission of deductions.- Any deduction from pay and allowances authorised by this Act may be remitted in such manner and to such extent and by such authority as may from time to time be prescribed.

Section 29. Provision for dependants of prisoners of war

29. Provision for dependants of prisoners of war:- ¹[* * *]

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Prior to repeal by Act 45 of 1950, Section 29 read as:

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29. Provision for dependants of prisoners of war.- In the case of all persons subject to this Act being prisoners of war, whose pay and allowances have been forfeited under section 26, but in respect of whom a remission has been made under section 28, it shall be lawful, notwithstanding any provision in any enactment or any rule of law to the contrary, for proper provision 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.

Section 30. Unauthorised deductions forbidden

30. Unauthorised deductions forbidden:- ²[* * *]

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Prior to repeal by Act 45 of 1950, Section 30 read as:

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30. Unauthorised deductions forbidden.- The pay of an officer or airman of the Indian Air Force shall be paid without any deduction other than the deductions authorised by this Act or by any other enactment for the time being in force or prescribed by the ¹[Central Government].

Section 31. Service offences punishable, with deaths

Chapter IV - Air Force Offences

CHAPTER IV.

Air Force Offences.

31. Service offences punishable, with deaths:- ³[* * *]

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Prior to repeal by Act 45 of 1950, Section 31 read as:

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31. Service offences punishable, with deaths.- Any person subject to this Act who-

(a) shamefully abandons or delivers up any garrison, fortress, post, or guard committed to his charge, or which it is his duty to defend, or

(b) shamefully casts away his arms, ammunition or tools in the presence of the enemy, or

(c) treacherously holds correspondence with or gives in telligence to the enemy, or treacherously or through cowardice sends a flag of truce to the enemy, or

(d) assists the enemy with arms, ammunition, or supplies, or knowingly harbours or protects an enemy not being a prisoner, or

(e) having been made a prisoner of war, voluntarily serves with or voluntarily aids the enemy, or

(f) voluntarily does when on active service any act calculated to imperil the success of ¹[the Forces of the Union] or any part thereof, or

(g) treacherously or shamefully causes the capture or destruction by the enemy of ²[any aircraft belonging to Government], or

(h) treacherously gives any false air signal or alters or interferes with any air signal, or

(i) when ordered by his superior officer or otherwise under orders to carry out any warlike operation in the air, treacherously or shamefully fails to use his utmost exertions to carry such orders into effect,

shall be punishable with death.

Section 32. Service offences punishable with long imprisonment

32. Service offences punishable with long imprisonment:- ³[* * *]

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Prior to repeal by Act 45 of 1950, Section 32 read as:

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32. Service offences punishable with long imprisonment.- Any person subject to this Act who, on active service,-

(a) without orders from his superior officer leaves the ranks in order to secure prisoners or horses, or on pretence of taking wounded men to the rear, or

(b) without orders from his superior officer wilfully destroys or damages any property, or

(c) is taken prisoner by want of due precaution or through disobedience of orders or wilful neglect of duty, or, having been taken prisoner, fails to rejoin ¹[his service] when able to do so, or

(d) without due authority either holds correspondence with, or gives intelligence, or sends a flag of truce to the enemy, or

(e) by word of mouth, or in writing, or by signals, or otherwise spreads reports calculated to create unnecessary alarm or despondency, or

(f) in action, or previously to going into action, uses words calculated to create alarm or despondency, or

(g) negligently causes the capture or destruction by the enemy of ²[any aircraft belonging to Government], or

(h) when ordered by his superior officer or otherwise under orders to carry out any warlike operation in the air, negligently or through other default fails to use his utmost exertions to carry such orders into effect, or

(i) misbehaves before the enemy in such manner as to show cowardice,

shall be punishable with long imprisonment.

Section 33. Service offences punishable more severely if committed on active service

33. Service offences punishable more severely if committed on active service:- ¹[* * *]

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Prior to repeal by Act 45 of 1950, Section 33 read as:

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33. Service offences punishable more severely if committed on active service.- (1) Any person subject to this Act who treacherously makes known the watchword to any person not entitled to receive it, or treacherously gives a watchword different from what he received, shall, if he commits the offence on active service, be punishable with death, and, if he commits the offence not on active service, with short imprisonment.

(2) Any person subject to this Act who-

(a) without due authority alters or interferes with any air signal, or

(b) forces a safeguard, or

(c) forces or strikes a sentinel, or

(d) breaks into any house or other place in search of plunder, or

(e) being an airman acting as sentinel, sleeps or is intoxicated, or

(f) without, orders from his superior officer leaves his guard, piquet, patrol or post or

(g) by discharging fire arms, making signals, using words; or by any means whatever, intentionally occasions false alarms, or

(h) being an airman acting as sentinel, leaves his post before he is regularly relieved,

shall, if he commits the offence on active service, be punishable with long imprisonment and, if he commits the offence not on active service, with short imprisonment.

Section 34. Service offences punishable with short Imprisonment

34. Service offences punishable with short Imprisonment:- ¹[* * *]

_______________________________________________________________________

Prior to repeal by Act 45 of 1950, Section 34 read as:

_______________________________________________________________________

34. Service offences punishable with short Imprisonment.- Any person subject to this Act who-

(a) by discharging fire arms, making signals, using words, or by any means whatever, negligently occasions false alarms, or

(b) makes known the watchword to any person not entitled to receive it, or, without good and sufficient cause, gives a watchword different from what he received, or

(c) impedes the provost-marshal or any assistant provost marshal or any officer or non-commissioned office or other person legally exercising authority under or on behalf of the provost-marshal, or, when called on, refuses to assist in the execution of his duty the provost-marshal, the assistant provost-marshal or any such officer, non-commissioned officer or other person, or

(d) uses criminal force to or commits an assault on any person bringing provisions or supplies to the forces, or commits any offence against the property or person of any inhabitant of or resident in the country in which he is serving, or

(e) irregularly detains or appropriates to his own unit or detachment any provisions or supplies proceeding to the forces, contrary to orders issued in that respect,

shall be punishable with short imprisonment.

Section 35. Mutiny

35. Mutiny:- ²[* * *]

_______________________________________________________________________

Prior to repeal by Act 45 of 1950, Section 35 read as:

_______________________________________________________________________

35. Mutiny.- Any person subject to this Act who-

(a) begins, incites, causes or conspires with any other persons to cause any mutiny, in ¹[the Regular Army, the Indian Navy or the Indian Air Force], or

(b) joins in, or, being present, does not use his utmost endeavours to suppress, any such mutiny, or

(c) knowing or having reason to believe in the existence of any such mutiny, or of any intention to commit such mutiny, or of any such conspiracy, does not without delay give information thereof to his commanding or other superior officer,

shall be punishable with death.

Section 36. Insubordination punishable with long imprisonment

36. Insubordination punishable with long imprisonment:- ¹[* * *]

_______________________________________________________________________

Prior to repeal by Act 45 of 1950, Section 36 read as:

_______________________________________________________________________

36. Insubordination punishable with long imprisonment.- Any person subject to this Act who-

(a) uses criminal force to or assaults his superior officer, being in the execution of his office, or

(b) disobeys in such manner as to show a wilful defiance of authority any lawful command given personally by his superior officer in the execution of his office,

shall be punishable with long imprisonment.

Section 37. Insubordination punishable more severely if committed on active service

37. Insubordination punishable more severely if committed on active service:- ¹[* * *]

_______________________________________________________________________

Prior to repeal by Act 45 of 1950, Section 37 read as:

_______________________________________________________________________

37. Insubordination punishable more severely if committed on active service.- Any person subject to this Act who-

(a) uses criminal force to or assaults his superior officer, or

(b) uses threatening or insubordinate language to his superior officer, or

(c) disobeys any lawful command given by his superior officer,

shall, if he commits the offence on active service, be punishable with long imprisonment, and, if he commits the offence not on active service, with short imprisonment.

Section 38. Insubordination punishable with short Imprisonment

38. Insubordination punishable with short Imprisonment:- ¹[* * *]

_______________________________________________________________________

Prior to repeal by Act 45 of 1950, Section 38 read as:

_______________________________________________________________________

38. Insubordination punishable with short Imprisonment.- Any person subject to this Act who-

(a) being concerned in any quarrel, affray or disorder, refuses to obey any officer (though of inferior rank) who orders him into arrest, or uses criminal force to or assaults any such officer, or

(b) uses criminal force to or assaults any person, whether subject to this Act or not, in whose custody he is placed, whether he is or is not his superior officer, or

(c) resists an escort whose duty it is to apprehend him or to have him in charge, or

(d) being an airman, breaks out of barracks, camp or quarters, or

(e) neglects to obey any general, local or other orders (not being orders in the nature of a rule or regulation published for the general information and, guidance of the Indian Air Force),

shall be punishable with short imprisonment,

Section 39. Desertions

39. Desertions:- ¹[* * *]

_______________________________________________________________________

Prior to repeal by Act 45 of 1950, Section 39 read as:

_______________________________________________________________________

39. Desertions.- Any person subject to this Act who deserts or attempts to desert the service shall, if he commits the offence when on active service or under orders for active service, be punishable-with long imprisonment, and, if he commits the offence under any other circumstances, with short imprisonment.

Section 40. Fraudulent enlistment

40. Fraudulent enlistment:- ²[* * *]

_______________________________________________________________________

Prior to repeal by Act 45 of 1950, Section 40 read as:

_______________________________________________________________________

40. Fraudulent enlistment.- Any person subject to this Act who, when belonging to the Indian Air Force, without having obtained a regular discharge therefrom, or otherwise fulfilled the conditions enabling him to enlist, enrol or enter, enrols himself, or enlists in or enters ¹[any of the Indian military or naval forces], or re-enrols himself in the Indian Air Force, shall be deemed to be guilty of fraudulent enlistment, and shall be punishable with short imprisonment.

Section 41. Connivance at desertion

41. Connivance at desertion:- ¹[* * *]

_______________________________________________________________________

Prior to repeal by Act 45 of 1950, Section 41 read as:

_______________________________________________________________________

41. Connivance at desertion.- Any person subject to this Act who, being cognisant of any desertion or intended desertion of a person subject to this Act, does not forthwith give notice to his commanding officer, or take any steps in his power to cause the deserter or intending deserter to be apprehended, shall be punishable with short imprisonment.

Section 42. Absence from duty without leave

42. Absence from duty without leave:- ¹[* * *]

_______________________________________________________________________

Prior to repeal by Act 45 of 1950, Section 42 read as:

_______________________________________________________________________

42. Absence from duty without leave.- Any person subject to this Act who-

(a) absents himself without leave, or

(b) fails to appear at the time fixed at a parade or place appointed for exercise or duty, or goes from thence without leave before he is relieved, or without necessity quits his duty or duties, or

(c) being an airman, when in camp or garrison or elsewhere, is found beyond any limits fixed or in any place prohibited by any general, local or other order, without a pass or written leave from his superior officer, or

(d) being an airman, without leave from his superior officer, or without due cause, absents himself from any school when duly ordered to attend there,

shall be punishable with short imprisonment.

Section 43. Scandalous conduct of officer

43. Scandalous conduct of officer:- ¹[* * *]

_______________________________________________________________________

Prior to repeal by Act 45 of 1950, Section 43 read as:

_______________________________________________________________________

43. Scandalous conduct of officer.- Any officer or warrant officer subject to this Act who behaves in a manner unbecoming his position and character shall, notwithstanding anything contained in section 20, be dismissed from the service.

Section 44. Scandalous conduct punishable with long Imprisonment

44. Scandalous conduct punishable with long Imprisonment:- ²[* * *]

_______________________________________________________________________

Prior to repeal by Act 45 of 1950, Section 44 read as:

_______________________________________________________________________

44. Scandalous conduct punishable with long Imprisonment.- Any person subject to this Act who-

(a) steals any property of ¹[the Crown], or dishonestly misappropriates or concerts to his own use any property of ¹[the Crown] entrusted to him, or

(b) dishonestly receives or retains any property in respect of which an offence under clause (a) has been committed, knowing or having reason to believe it to have been stolen or dishonestly misappropriated or converted, or

(c) wilfully destroys or damages any property of ¹[the Crown] entrusted to him, or

(d) steals any property of any air force mess, band or institution, or of any person subject to this Act or serving with or attached to the Indian Air Force, or dishonestly misappropriates or converts to his own use any such property entrusted to him, or

(e) dishonestly receives or retains any property in respect of which an offence under clause (d) has been committed, knowing or having reason to believe it to have been stolen or dishonestly misappropriated or converted,

shall be punishable with long imprisonment.

Section 45. Scandalous conduct punishable with short imprisonment

45. Scandalous conduct punishable with short imprisonment:- ¹[* * *]

_______________________________________________________________________

Prior to repeal by Act 45 of 1950, Section 45 read as:

_______________________________________________________________________

45. Scandalous conduct punishable with short imprisonment.- Any person subject to this Act who-

(a) does any act, not otherwise specified in this Act, with intent to defraud, or to cause wrongful gain to one person or wrongful loss to another person, or

(b) malingers or feigns or produces disease or infirmity himself, or intentionally delays his cure or aggravates his disease or infirmity, or

(c) with intent to render himself or any other person unfit for service, voluntarily causes hurt to himself or any other person, or

(d) commits any offence of a cruel, indecent or unnatural kind, or attempts to commit any such offence and does any act towards its commission,

shall be punishable with short imprisonment.

Section 46. Intoxication

46. Intoxication:- ¹[* * *]

_______________________________________________________________________

Prior to repeal by Act 45 of 1950, Section 46 read as:

_______________________________________________________________________

46. Intoxication.- Any person subject to this Act who is found in a state of intoxication, whether on duty or not on duty, shall be punishable, if an officer, with dismissal from the service, and, if an airman, with short imprisonment:

Provided that where the offence of being intoxicated is committed by an airman not on active service or on duty, the sentence imposed shall not exceed detention for a period of six months.

Section 47. Permitting escape of prisoner

47. Permitting escape of prisoner:- ¹[* * *]

_______________________________________________________________________

Prior to repeal by Act 45 of 1950, Section 47 read as:

_______________________________________________________________________

47. Permitting escape of prisoner.- Any person subject to this Act who-

(a) when in command of a guard, piquet, patrol or post, releases without proper authority, whether voluntarily or otherwise, any person committed to his charge, or

(b) voluntarily or negligently allows to escape any person who is committed to his charge, or whom it is his duty to keep or guard,

shall be punishable, if he has acted voluntarily, with long imprisonment, and, if he has not acted voluntarily, with short imprisonment.

Section 48. Irregular keeping in custody

48. Irregular keeping in custody:- ¹[* * *]

_______________________________________________________________________

Prior to repeal by Act 45 of 1950, Section 48 read as:

_______________________________________________________________________

48. Irregular keeping in custody.- Any person subject to this Act who-

(a) unnecessarily detains a person in arrest or confinement without bringing him to trial or fails to bring his case before the proper authority for investigation, or

(b) having committed a person to the custody of any officer, non-commissioned officer, provost-marshal, or assistant provost-marshal, fails without reasonable cause to deliver at the time of such committal, or as soon as practicable, and in any case within twenty-four hours thereafter, to the officer, non-commissioned officer, provost-marshal, or assistant provost-marshal, into whose custody the person is committed, an account in writing signed by himself of the offences with which the person so committed is charged, or

(c) being in command of the guard, does not as soon as he is relieved from his guard or duty, or if he is not sooner relieved, within twenty-four hours after a person is committed to his charge, give in writing to the officer to whom he may be ordered to report that person's name and offence so far as, known to him, and the name and rank of the officer or other person by whom he was charged, accompanied, if he has received the account as above in this section mentioned, by that account,

shall be punishable with short imprisonment.

Section 49. Escape from custody

49. Escape from custody:- ¹[* * *]

_______________________________________________________________________

Prior to repeal by Act 45 of 1950, Section 49 read as:

_______________________________________________________________________

49. Escape from custody.- Any person subject to this Act, who, being in lawful custody, escapes or attempts to escape, shall be punishable with short imprisonment.

Section 50. Offences relating to property

50. Offences relating to property:- ²[* * *]

_______________________________________________________________________

Prior to repeal by Act 45 of 1950, Section 50 read as:

_______________________________________________________________________

50. Offences relating to property.- Any person subject to this Act who-

(a) commits extortion, or without proper authority exacts from any person carriage, porterage or provisions, or

(b) in time of peace, commits house-breaking for the purpose of plundering, or plunders, destroys or damages any field, garden or other property, or

(c) voluntarily or negligently kills, injures, makes away with, ill-treats or loses any animal used in the public service, or

(d) makes away with, or is concerned in making away with, any arms, ammunition, equipments, instruments, tools, clothing or service necessaries issued to him or required to be maintained by him, or

(e) loses by neglect anything mentioned in clause (d) or

(f) wilfully damages anything mentioned in clause (d) or any property belonging to ¹[the Crown], or to any air force mess, band or institution, or to any person subject to air force law, or serving with, or attached to the Indian Air Force, or

(g) sells, pawns, destroys or defaces any medal or decoration gran ted to him,

shall be punishable with short imprisonment.

Section 51. False accusations and offences relating to documents

51. False accusations and offences relating to documents:- ²[* * *]

_______________________________________________________________________

Prior to repeal by Act 45 of 1950, Section 51 read as:

_______________________________________________________________________

51. False accusations and offences relating to documents.- Any person subject to this Act who-

(a) makes a false accusation against any person subject to this Act, knowing such accusation to be false, or

(b) in making any complaint under section 120, knowingly makes any false statement affecting the character of any person subject to this Act, or knowingly and wilfully suppresses any material fact, or

(c) obtains or attempts to obtain for himself or for any other person any pension, allowance or other advantage or privilege by a statement which is false, and which he either knows or believes to be false or does not believe to be true, or by making or using a false entry in any document or by making any document containing a false statement, or by omitting to make a true entry or document containing a true statement, or

(d) knowingly furnishes a false return or report of the number or state of any men under his command or charge, or of any money, arms, ammunition, clothing, equipments, stores or other property in his charge, whether belonging to such men or to ¹[the Crown] or to any person in or attached to the Indian Air Force, or who, wilfully or negligently, omits or refuses to make or send any return or report of the matters aforesaid,

shall be punishable with short imprisonment.

Section 52. False answers on enrolment

52. False answers on enrolment:- ¹[* * *]

_______________________________________________________________________

Prior to repeal by Act 45 of 1950, Section 52 read as:

_______________________________________________________________________

52. False answers on enrolment.- Any person having become subject to this Act who is discovered to have made a wilfully false answer to any question set forth in the prescribed form of enrolment Which has been put to him by the enrolling officer shall be punishable with short imprisonment.

Section 53. Offences relating to courts martial

53. Offences relating to courts martial:- ¹[* * *]

_______________________________________________________________________

Prior to repeal by Act 45 of 1950, Section 53 read as:

_______________________________________________________________________

53. Offences relating to courts martial.- Any person subject to this Act who-

(a) when duly summoned to attend as a witness before court-martial, intentionally omits to attend or refuses to be sworn or affirmed or to answer any question, or to produce or deliver up any document or other thing which he may have been duly warned and called upon to produce or deliver up, or

(b) intentionally offers any insult or causes any interruption or disturbance to, or uses any menacing or disrespectful word, sign or gesture, or is insubordinate or violent in the presence of, a court martial while sitting, or

(c) having been duly sworn or affirmed before any court martial or other court or officer authorised by this Act to administer an oath or affirmation, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true,

shall be punishable with short imprisonment.

Section 54. Offences elating to aircraft

54. Offences elating to aircraft:- ²[* * *]

_______________________________________________________________________

Prior to repeal by Act 45 of 1950, Section 54 read as:

_______________________________________________________________________

54. Offences elating to aircraft.- Any person subject to this Act who-

(a) voluntarily or negligently damages, destroys or loses ¹[any aircraft or aircraft material belonging to Government], or

(b) is guilty of any act or omission likely to cause such damage, destruction or loss, or

(c) is guilty of any act or omission (whether voluntary or otherwise) which causes damage to or destruction of any public property by fire, or

(d) without lawful authority disposes of ¹[any aircraft or aircraft material belonging to Government], or

(e) is guilty of any act or omission in flying or in the use of any aircraft, or in relation to any aircraft or aircraft material which causes or is likely to cause loss of life or bodily injury to any person, or

(f) during a state of war voluntarily and without proper occasion or negligently causes the sequestration, by or under the authority of a neutral State, or the destruction in a neutral State of ¹[any aircraft belonging to Government]

shall be punishable, if he has acted voluntarily, with long imprisonment, and, if he has not acted voluntarily, with short, imprisonment.

Section 55. Miscellaneous air force offences

55. Miscellaneous air force offences:- ¹[* * *]

_______________________________________________________________________

Prior to repeal by Act 45 of 1950, Section 55 read as:

_______________________________________________________________________

55. Miscellaneous air force offences.- Any person subject to this Act who-

(a) strikes or otherwise ill-treats any person subject to this Act being his subordinate in rank or position, or

(b) being in command at any post or on the march and receiving a complaint that any one under his command has beaten or otherwise maltreated or oppressed any person, or has disturbed any fair or market, or committed any riot or trespass, fails to have due reparation made to the injured person or to report the case to the proper authority, or

(c) by defiling any place of worship, or otherwise, intentionally insults the religion or wounds the religious feelings of any person, or

(d) attempts to commit suicide and does any act towards the commission of such offence, or

(e) being below the rank of warrant officer, when off duty, appears, without proper authority, in or about camp or cantonments, or in or about, or when going to or returning from, any town or bazar, carrying a sword, bludgeon or other offensive weapon, or

(f) directly or indirectly accepts or obtains, or agrees to accept or attempts to obtain, for himself or for any other person, any gratification as a motive or reward for procuring the enrolment of any person, or leave of absence, promotion or any other advantage or indulgence for any person in the service, or

(g) is guilty of any act or omission which, though not specified in this Act, is prejudicial to good order and air force discipline,

shall be punishable with short imprisonment.

Section 56. Attempts

56. Attempts:- ¹[* * *]

_______________________________________________________________________

Prior to repeal by Act 45 of 1950, Section 56 read as:

_______________________________________________________________________

56. Attempts.- Any person subject to this Act who attempts to commit an air force offence or to cause such an offence to be committed, and in such attempt does any act towards the commission of the offence may, where no express provision is made by this Act for the punishment of such attempt, be punished with the punishment provided in this Act for such offence.

Section 57. Abetment

57. Abetment:- ²[* * *]

_______________________________________________________________________

Prior to repeal by Act 45 of 1950, Section 57 read as:

_______________________________________________________________________

57. Abetment.- Any person subject to this Act who abets the commission of any air force offence, or of any offence punishable under ¹[the Indian Navy (Discipline) Act, 1934 or the Indian Army Act, 1911], such offence being of the same nature as any air force offence, shall be punishable with the punishment provided in this Act for such air force offence.

Section 58. Civil offences

58. Civil offences:- ⁴[* * *]

_______________________________________________________________________

Prior to repeal by Act 45 of 1950, Section 58 read as:

_______________________________________________________________________

58. Civil offences.- (1) Any person subject to this Act who at any place in or beyond ¹[India] commits any civil offence shall be deemed to be guilty of an air force offence, and, if charged therewith under this section, shall be liable to be tried by court-martial and to be punished as follows, that is to say:-

(a) if the offence is one which would be punishable under the law of British India with death or with transportation, he shall be liable to suffer any punishment, other than whipping, assigned for the offence by the law of British India; and

(b) in other cases, he shall be liable to suffer any punishment, other than whipping, assigned for the offence by the law of British India, or such punishment as might be awarded to him in pursuance of this Act in respect of an act prejudicial to good order and air force discipline:

Provided that a person subject to this Act who, at any place in British India ²[* * *], and while not on active service, commits an offence of murder or culpable homicide against a person not subject to this Act or an offence of rape, shall not be deemed to be guilty of an air force offence and shall not be tried by court-martial.

³[Explanation-In this sub-section the term ‘States’ does not include Part B States.]

(2) The powers of a court-martial to charge and to punish any person under this section shall not be affected by reason of the civil offence with which such person is charged being also an air force offence.

Section 59. Custody of offenders

Chapter V - Arrest and Proceedings before Trial

CHAPTER V.

Arrest and Proceedings before Trial.

59. Custody of offenders:- ¹[* * *]

_______________________________________________________________________

Prior to repeal by Act 45 of 1950, Section 59 read as:

_______________________________________________________________________

59. Custody of offenders.- (1) Any person subject to this Act who is charged with an offence may be taken into air force custody.

(2) Any such person may be ordered into air force custody by any superior officer.

(3) The charge against every person taken into air force custody shall, without unnecessary delay, be investigated by the proper authority, and as soon as may be, either proceedings shall be taken for punishing the offence, or such person shall be discharged from custody.

Section 60. Arrest by civil authorities

60. Arrest by civil authorities:- ¹[* * *]

_______________________________________________________________________

Prior to repeal by Act 45 of 1950, Section 60 read as:

_______________________________________________________________________

60. Arrest by civil authorities.- Whenever any person subject to this Act, who is a accused of any offence under this Act, is within the jurisdiction of any Magistrate or police-officer, such Magistrate or officer shall aid in the apprehension and delivery to air force custody of such person upon receipt of a written application to that effect signed by his commanding officer.

Section 61. Capture of deserters

61. Capture of deserters:- ¹[* * *]

_______________________________________________________________________

Prior to repeal by Act 45 of 1950, Section 61 read as:

_______________________________________________________________________

61. Capture of deserters.- (1) Whenever any person subject to this Act deserts, his commanding officer shall give written information of the desertion to such civil authorities as, in his opinion, may be able to afford assistance towards the capture of the deserter; and such authorities shall thereupon take steps for the apprehension of the said deserter in like manner as if he were a person for whose apprehension a warrant had been issued by a Magistrate, and shall deliver the deserter, when apprehended, to air force custody.

(2) Any police-officer may arrest without warrant any person reasonably believed to be subject to this Act and to be traveling without authority, and shall bring him without delay before the nearest Magistrate, to be dealt with according to law.

Section 62. Inquiry on absence without leave

62. Inquiry on absence without leave:- ²[* * *]

_______________________________________________________________________

Prior to repeal by Act 45 of 1950, Section 62 read as:

_______________________________________________________________________

62. Inquiry on absence without leave.- (1) When any person subject to this Act has been absent without due authority from his duty for a period of twenty-one days, a court of inquiry shall, as soon as practicable, be assembled and, upon oath or affirmation administered in the prescribed manner, shall inquire respecting the absence of the person, and the deficiency, if any, of property of ¹[the Crown] entrusted to his care, or of his arms, ammunition equipments, instruments, clothing or necessaries; and, if satisfied of the fact of such absence without due authority or other sufficient cause, the court shall declare such absence and the period thereof, and the said deficiency, if any; and the commanding officer of the unit to which the person belongs shall enter in the court-martial book of the unit a record of the declaration.

(2) If the person declared absent does not afterwards surrender, or is not apprehended, he shall, for the purposes of this Act, be deemed to be a deserter.

Section 63. Provost-marshal

63. Provost-marshal:- ²[* * *]

_______________________________________________________________________

Prior to repeal by Act 45 of 1950, Section 63 read as:

_______________________________________________________________________

63. Provost-marshal.- For the prompt and instant repression of irregularities and offences committed in the field or on the march, provost-marshals may be appointed by the ¹[the commander-in-chief, Indian Air Forces]; and the powers and duties of such provost-marshals shall be regulated according to the established custom of war and the rules of the service.

Section 64. Duties and powers

64. Duties and powers:- ¹[* * *]

_______________________________________________________________________

Prior to repeal by Act 45 of 1950, Section 64 read as:

_______________________________________________________________________

64. Duties and powers.- The duties of a provost-marshal so appointed are to take charge of persons in air force custody, to preserve good order and discipline and to prevent breaches thereof by persons subject to this Act.

He may at any time arrest and detain for trial any person subject to this Act who commits an offence and may also carry into effect any punishments to be inflicted in pursuance of the sentence of a court-martial.

Section 65. Kinds of courts-martial

Chapter VI - Constitution, Jurisdiction and Powers or Courts-martial

CHAPTER VI.

Constitution, Jurisdiction and Powers or Courts-martial.

65. Kinds of courts-martial:- ¹[* * *]

_______________________________________________________________________

Prior to repeal by Act 45 of 1950, Section 65 read as:

_______________________________________________________________________

65. Kinds of courts-martial.- For the purposes of this Act there shall be three kinds of courts-martial, that is to say,-

(1) general courts-martial;

(2) district courts-martial; and

(3) field general courts-martial.

Section 66. Power to convene general courts-martial

66. Power to convene general courts-martial:- ²[* * *]

_______________________________________________________________________

Prior to repeal by Act 45 of 1950, Section 66 read as:

_______________________________________________________________________

66. Power to convene general courts-martial.- A general court-martial may be convened by the ¹[Central Government], or by any officer empowered in this behalf by warrant of ¹[Central Government].

Section 67. Power to convene district courts-martial

67. Power to convene district courts-martial:- ¹[* * *]

_______________________________________________________________________

Prior to repeal by Act 45 of 1950, Section 67 read as:

_______________________________________________________________________

67. Power to convene district courts-martial.- A district court-martial may be convened by any authority having power to convene a general court-martial, or by any officer empowered in this behalf by warrant of any such authority.

Section 68. Limitation of powers of convening authorities

68. Limitation of powers of convening authorities:- ¹[* * *]

_______________________________________________________________________

Prior to repeal by Act 45 of 1950, Section 68 read as:

_______________________________________________________________________

68. Limitation of powers of convening authorities.- A warrant issued under section 66 or section 67 may contain such restrictions, reservations or conditions as the I authority issuing it may think fit.

Section 69. Convening of field general courts-martial

69. Convening of field general courts-martial:- ²[* * *]

_______________________________________________________________________

Prior to repeal by Act 45 of 1950, Section 69 read as:

_______________________________________________________________________

69. Convening of field general courts-martial.- The following authorities shall have power to convene a field general court-martial, that is to say,-

(a) an authority empowered in this behalf by an order of ¹[Central Government]

(b) on active service, the commanding officer of the forces in the field, or any officer empowered by him in this behalf;

(c) the commanding officer of any detached portion, of the Indian Air Force on active service, when, in his opinion, it is not practicable, with due regard to discipline or the exigencies of the service, that an offence should be tried by a general court-martial, and circumstances prevent a reference to higher authority.

Section 70. Composition of general courts-martial

70. Composition of general courts-martial:- ¹[* * *]

_______________________________________________________________________

Prior to repeal by Act 45 of 1950, Section 70 read as:

_______________________________________________________________________

70. Composition of general courts-martial.- A general court-martial shall consist of not less than five officers each of whom must have held a commission during not less than three whole years and of whom not less than four must be of a rank not below that of a flight lieutenant.

Section 71. Composition of district courts-martial

71. Composition of district courts-martial:- ¹[* * *]

_______________________________________________________________________

Prior to repeal by Act 45 of 1950, Section 71 read as:

_______________________________________________________________________

71. Composition of district courts-martial.- A district court-martial shall consist of not less than three officers.

Section 72. Composition of field general courts-martial

72. Composition of field general courts-martial:- ¹[* * *]

_______________________________________________________________________

Prior to repeal by Act 45 of 1950, Section 72 read as:

_______________________________________________________________________

72. Composition of field general courts-martial.- A field general court-martial shall consist of not less than three officers.

Section 73. Dissolution of courts-martial

73. Dissolution of courts-martial:- ¹[* * *]

_______________________________________________________________________

Prior to repeal by Act 45 of 1950, Section 73 read as:

_______________________________________________________________________

73. Dissolution of courts-martial.- (1) If a court-martial after the commencement of a trial is reduced below the smallest number of officers of which it is by this Act required to consist, it shall be dissolved.

(2) If, on account of the illness of the accused before the finding, it is impossible to continue the trial, a court-martial shall be dissolved.

(3) Where a court-martial is dissolved under this section, the accused may be tried again.

Section 74. Jurisdiction and powers of courts martial generally

74. Jurisdiction and powers of courts martial generally:- ¹[* * *]

_______________________________________________________________________

Prior to repeal by Act 45 of 1950, Section 74 read as:

_______________________________________________________________________

74. Jurisdiction and powers of courts martial generally.- Save as otherwise provided by or under this Act, courts-martial shall have-

(a) jurisdiction to try and to punish all air force offences, and all civil offences committed by persons subject to this Act;

(b) exclusive jurisdiction to try all air force offences which are not also civil offences; and

(c) exclusive power to award the punishments specified in this Act.

Section 75. Jurisdiction and powers of general and field general courts-martial

75. Jurisdiction and powers of general and field general courts-martial:- ¹[* * *]

_______________________________________________________________________

Prior to repeal by Act 45 of 1950, Section 75 read as:

_______________________________________________________________________

75. Jurisdiction and powers of general and field general courts-martial.- A general or field general court-martial shall have power to try any person subject to this Act for any offence made punishable therein, and to pass any sentence authorised by this Act.

Section 76. Jurisdiction and powers of district courts-martial

76. Jurisdiction and powers of district courts-martial:- ¹[* * *]

_______________________________________________________________________

Prior to repeal by Act 45 of 1950, Section 76 read as:

_______________________________________________________________________

76. Jurisdiction and powers of district courts-martial.- A district court-martial shall have power to try any person subject to this Act other than an officer for any offence made punishable therein, and to pass any sentence authorised by this Act other than a sentence of death or imprisonment for a term exceeding two years.

Section 77. Prohibition of second trial

77. Prohibition of second trial:- ¹[* * *]

_______________________________________________________________________

Prior to repeal by Act 45 of 1950, Section 77 read as:

_______________________________________________________________________

77. Prohibition of second trial.- When any person subject to this Act has been acquitted or convicted of an offence by a court-martial or by a criminal court, or has been summarily dealt with for an offence under section 25, he shall not be liable to be tried again for the same offence by a court-martial.

Section 78. Limitation of trial

78. Limitation of trial:- ⁵[* * *]

_______________________________________________________________________

Prior to repeal by Act 45 of 1950, Section 78 read as:

_______________________________________________________________________

78. Limitation of trial.- No trial by court-martial of any person subject to this. Act for any offence (other than ¹[an offence committed after the 7th day of December 1941 while the person in question was a prisoner of war or was persent in enemy territory or] an offence of mutiny, desertion or fraudulent enlistment) shall be commenced after the ²[expiration of a period of three years (in the computation of which period any time spent by the person in question after the aforesaid date as a prisoner of war or in enemy territory or in evading arrest shall be excluded] from the date of such offence, and no such trial for an offence of desertion (other than desertion on active service) or of fraudulent enlistment shall be commenced if the person in question has, subsequently to the commission of the offence, served continuously in an exemplary manner for not less than three years with any portion of ³[the force of the Union].

Explanation.-For the purposes of this section "mutiny" means any of the offences specified in section 35 ⁴[and "enemy territory" means any area at the time of the presence therein of the person in question under the soverignty of or administered by or in the occupation of a State at that time at war with the Govenment of India]

Section 79. Place of trial

79. Place of trial:- ¹[* * *]

_______________________________________________________________________

Prior to repeal by Act 45 of 1950, Section 79 read as:

_______________________________________________________________________

79. Place of trial.- Any person subject to this Act who commits any of offence against it may he tried and punished for such offence in any place whatever.

Section 80. Order in case of concurrent jurisdiction of criminal court and court-martial

80. Order in case of concurrent jurisdiction of criminal court and court-martial:- ¹[* * *]

_______________________________________________________________________

Prior to repeal by Act 45 of 1950, Section 80 read as:

_______________________________________________________________________

80. Order in case of concurrent jurisdiction of criminal court and court-martial.- When a criminal court and a court-martial have each, jurisdiction in respect of a civil offence, it shall he in the discretion of the prescribed air force authority to decide before which court the proceedings shall be instituted, and, if that authority decides that they shall be instituted before a court-martial, to direct that the accused person shall be detained in air force custody.

Section 81. Power of criminal court to require delivery of offender

81. Power of criminal court to require delivery of offender:- ²[* * *]

_______________________________________________________________________

Prior to repeal by Act 45 of 1950, Section 81 read as:

_______________________________________________________________________

81. Power of criminal court to require delivery of offender.- (1) When a criminal court having jurisdiction is of opinion that proceedings ought to be instituted before itself in respect of any civil offence, it may, by written notice, require the prescribed air force authority at the option of such authority either to deliver over the offender to the nearest Magistrate to be proceeded against according to law, or to postpone proceedings pending a reference to the ¹[Central Government].

(2) In every such case the said authority shall either deliver over the offender in compliance with the requisition or shall forthwith refer the question as to the court before which the proceedings are to be instituted for the determination of the ¹[Central Government], whose order upon such reference shall be final.

Section 82. Trial by court-martial no bar to subsequent trial by criminal court

82. Trial by court-martial no bar to subsequent trial by criminal court:- ¹[* * *]

_______________________________________________________________________

Prior to repeal by Act 45 of 1950, Section 82 read as:

_______________________________________________________________________

82. Trial by court-martial no bar to subsequent trial by criminal court.- (1) Notwithstanding anything contained in section 26 of the General Clauses Act, 1897, or in section 403 of the Code of Criminal Procedure, 1898, a person convicted or acquitted by a court-martial may be afterwards tried by a criminal court for the same offence or on the same facts.

(2) If a person sentenced by a court-martial in pursuance of this Act to punishment for an offence is afterwards tried by a criminal court for the same offence or on the same facts, that court shall, in awarding punishment, have regard to the air force punishment he may already have undergone.

Section 83. President

Chapter VII - Procedure of Courts-martial

CHAPTER VII.

Procedure of Courts-martial.

83. President:- ¹[* * *]

_______________________________________________________________________

Prior to repeal by Act 45 of 1950, Section 83 read as:

_______________________________________________________________________

83. President.- At every court-martial the senior member shall sit as president.

Section 84. Judge Advocate

84. Judge Advocate:- ¹[* * *]

_______________________________________________________________________

Prior to repeal by Act 45 of 1950, Section 84 read as:

_______________________________________________________________________

84. Judge Advocate.- Every general court-martial shall, and every district court-martial may, be attended by a judge advocate, who shall be either an officer belonging to the department of the Judge Advocate General in India, or, if no such officer is available, a fit person appointed by the convening officer.

Section 85. Challenges

85. Challenges:- ¹[* * *]

_______________________________________________________________________

Prior to repeal by Act 45 of 1950, Section 85 read as:

_______________________________________________________________________

85. Challenges.- (1) At all trials by courts-martial, as soon as the court is assembled, the names of the president and members shall be read over to the accused, who shall thereupon be asked whether he objects to being tried by any officer sitting on the court.

(2) If the accused objects to any such officer, his objection, and also the reply thereto of the officer objected to, shall be heard and recorded, and the remaining officers of the court shall, in the absence of the challenged officer, decide on the objection.

(3) If the objection is allowed by one-half or more of the votes of the officers entitled to vote, the objection shall be allowed, and the member objected to shall retire, and his vacancy may be filled in the prescribed manner by another officer, subject to the same right of the accused to object.

(4) When no challenge is made, or when challenge has been made and disallowed, or the place of every officer successfully challenged has been filled by another officer to whom no objection is made or allowed, the court shall proceed with the trial.

Section 86. Voting of members

86. Voting of members:- ¹[* * *]

_______________________________________________________________________

Prior to repeal by Act 45 of 1950, Section 86 read as:

_______________________________________________________________________

86. Voting of members.- (1) Every decision of a court-martial shall be passed by an absolute majority of votes; and where there is an equality of votes, as to either finding or sentence, the decision shall be in favour of the accused:

Provided that no sentence of death shall be passed without the concurrence of two-thirds at the least of the members of the court.

(2) In matters other than a challenge or the finding or sentence, the president shall have a casting vote.

Section 87. Oaths of president and members

87. Oaths of president and members:- ¹[* * *]

_______________________________________________________________________

Prior to repeal by Act 45 of 1950, Section 87 read as:

_______________________________________________________________________

87. Oaths of president and members.- An oath or a affirmation in the prescribed form shall be administered to every member of every court-martial and to the judge advocate at the beginning of the trial.

Section 88. Oaths of witnesses

88. Oaths of witnesses:- ¹[* * *]

_______________________________________________________________________

Prior to repeal by Act 45 of 1950, Section 88 read as:

_______________________________________________________________________

88. Oaths of witnesses.- Every person giving evidence at a court-martial shall be examined on oath or affirmation, and shall be duly sworn or affirmed in the prescribed form.

Section 89. The summoning of witnesses and production of documents

89. The summoning of witnesses and production of documents:- ³[* * *]

_______________________________________________________________________

Prior to repeal by Act 45 of 1950, Section 89 read as:

_______________________________________________________________________

89. The summoning of witnesses and production of documents.- (1) The convening officer, the president of the court, the judge advocate, or the commanding officer of the accused person, may, by summons under his hand, require the attendance before the court, at a time and place to be mentioned in the summons, of any person either to give evidence or to produce any document or other thing.

(2) In the case of a witness amenable to ¹[, naval] or military authority, the summons shall be sent to the officer commanding the corps, ²[ship,] unit, department or detachment to which he belongs, and such officer shall serve it upon him accordingly.

(3) In the case of any other witness, the summons shall be sent to the Magistrate within whose jurisdiction he may be or reside, and such Magistrate shall give effect to the summons as if the witness were required in the court of such Magistrate.

(4) When a witness is required to produce any particular document or other thing in his possession or power, the summons shall describe it with reasonable precision.

(5) Nothing in this, section shall be deemed to affect the Indian Evidence Act, 1872 (I of 1872), sections 123 and 124, or to apply to any document in the custody of the postal or telegraph authorities.

(6) If any document in such custody is, in the opinion of any District Magistrate, Chief Presidency Magistrates High Court or Court of Session, wanted for the purpose of any court-martial, such Magistrate or Court may require the postal or telegraph authorities, as the case may be, to deliver such document to such person as such Magistrate or Court may direct.

(7) If any such document is, in the opinion of any other Magistrate or of any Commissioner of Police or District Superintendent of Police, wanted for any such purpose, he may require the postal or telegraph authorities, as the case may be, to cause search to be made for mid to detain such document pending the orders of any such District Magistrate, Chief Presidency Magistrate or Court.

Section 90. Commissions to obtain evidence

90. Commissions to obtain evidence:- ⁵[* * *]

_______________________________________________________________________

Prior to repeal by Act 45 of 1950, Section 90 read as:

_______________________________________________________________________

90. Commissions to obtain evidence.- (1) Whenever, in the course of a trial by court-martial, it appears to the court that the examination of a witness is necessary for the ends of justice, and that the attendance of such witness cannot be procured without an amount of delay, expense or inconvenience which, in the circumstances of the case, would be unreasonable, such court may address the Judge Advocate General in order that a commission to take the evidence of such witness may be issued.

(2) The Judge Advocate General may then, if he thinks necessary, issue a commission to any Presidency Magistrate, District Magistrate or Magistrate of the first class, within the local limits of whose jurisdiction such witness resides, to take the evidence of such witness.

(3) When the witness resides ¹[a Part B State] prince or chief in India in which there is an official representing ²[the Central Government or the Crown Representative], the commission may be issued to such official.

(4) The Magistrate or official to whom the commission is issued, or, if he is the District Magistrate, he or such Magistrate of the first class as he appoints in this behalf, shall proceed to the place where the witness is or shall summon the witness before him and shall take down his evidence in the same manner, and may for this purpose exercise the same powers, as in trials of warrant-cases under the Code of Criminal Procedure, 1898 (V of 1898).

(5) Where the commission is issued to such official as is mentioned in sub-section (3), he may delegate his powers and duties under the commission to any ³[magistrate] whose powers are not less than those of a Magistrate of the first class in ⁴[a Part A State].

(6) When the witness resides out of India, the commission may be issued to any British consular officer, British Magistrate or other British official competent to administer an oath or affirmation in the place where such witness resides.

(7) The prosecutor and the accused person in any case in which a commission is issued may respectively forward any interrogatories in writing which the court may think relevant to the issue, and the Magistrate or official to whom the commission, is issued shall examine the witness upon such interrogatories.

(8) The prosecutor and the accused person may appear before such Magistrate or official by pleader or, except in the case of an accused person in custody, in person, and may examine, cross-examine and re-examine (as the case may be) the said witness.

(9) After any commission issued under this section has been duly executed, it shall be returned, together with the deposition of the witness examined thereunder, to the Judge Advocate General.

(10) On receipt of a commission and deposition returned under sub-section (9), the Judge Advocate General shall forward the same to the court at whose instance the commission was issued or, if such court has been dissolved, to any other court convened for the trial of the accused person; and the commission, the return thereto and the deposition shall be open to the inspection of the prosecutor and the accused person, and may, subject to all just exceptions, be read in evidence in the case by either the prosecutor or the accused, and shall form part of the proceedings of the court.

(11) In every case in which a commission is issued under this section the trial may be adjourned for a specified time reasonably sufficient for the execution and return of the commission.

Explanation.-In this section, the expression "Judge Advocate General" means the Judge Advocate General in India and includes a Deputy Judge Advocate General.

Section 91. Conviction of one offence permissible on charge of another

91. Conviction of one offence permissible on charge of another:- ²[* * *]

_______________________________________________________________________

Prior to repeal by Act 45 of 1950, Section 91 read as:

_______________________________________________________________________

91. Conviction of one offence permissible on charge of another.- (1) A person charged before a court-martial with desertion may be found guilty of attempting to desert or of being absent without leave.

(2) A person charged before a court-martial with attempting to desert may be found guilty ¹[* * *] or of being absent without leave.

(3) A person charged before a court-martial with using criminal force may be found guilty of assault.

(4) A person charged before a court-martial with using threatening language may be found guilty of using insubordinate language.

(5) A person charged before a court-martial with any of the offences specified in clause (a), clause (b), clause (d) or clause (e) of section 44 may be found guilty of any other of these offences with which he might have been charged.

(6) A person charged before a court-martial with an offence punishable under section 58 may be found guilty of any other offence of which he might have been found guilty if the provisions of the Code of Criminal Procedure, 1898 (V of 1898), were applicable.

(7) A person charged before a court-martial with any other offence under this Act may, on failure of proof of an offence having been committed in circumstances involving a more severe punishment; be found guilty of the same offence as having been committed in circumstances involving a less severe punishment.

(8) A person charged before a court-martial with any offence under this Act may be found guilty of having attempted to commit or of abetment of that offence although, the attempt or abetment is not separately charged.

Section 92. General rule to evidence

92. General rule to evidence:- ¹[* * *]

_______________________________________________________________________

Prior to repeal by Act 45 of 1950, Section 92 read as:

_______________________________________________________________________

92. General rule to evidence.- The Indian Evidence Act, 1872 (I of 1872), shall, subject to the provisions of this Act, apply to all proceedings before a court-martial.

Section 93. Judicial notice

93. Judicial notice:- ¹[* * *]

_______________________________________________________________________

Prior to repeal by Act 45 of 1950, Section 93 read as:

_______________________________________________________________________

93. Judicial notice.- A court-martial may take judicial notice of any matter within the general, naval, military or air force knowledge of the members.

Section 94. Presumption as to signatures

94. Presumption as to signatures:- ²[* * *]

_______________________________________________________________________

Prior to repeal by Act 45 of 1950, Section 94 read as:

_______________________________________________________________________

94. Presumption as to signatures.- In any proceeding under this Act, any application, certificate, warrant, reply or other document purporting to be signed by an officer in ¹[the service of the Crown] shall, on production, be presumed to have been duly signed by the person and in the character by whom and in which it purports to have been signed, until the contrary is shown.

Section 95. Enrolment paper as evidence

95. Enrolment paper as evidence:- ¹[* * *]

_______________________________________________________________________

Prior to repeal by Act 45 of 1950, Section 95 read as:

_______________________________________________________________________

95. Enrolment paper as evidence.- Any enrolment paper purporting to be signed by an enrolling officer shall, in proceedings under this Act, be evidence of the person enrolled having given the answers to questions which he is therein represented as having given. The enrolment of such person may be proved by the production of a copy of his enrolment paper purporting to be certified to be a true copy by the officer having the custody of the enrolment paper.

Section 96. Presumption as to certain documents

96. Presumption as to certain documents:- ⁵[* * *]

_______________________________________________________________________

Prior to repeal by Act 45 of 1950, Section 96 read as:

_______________________________________________________________________

96. Presumption as to certain documents.- (1) A letter, return or other document respecting the service of any person in, or the dismissal or discharge of any person from, ¹[any portion of His Majesty's forces before the 26th day of January, 1950, or of the forces of the Union thereafter], or respecting the circumstance of any person not having served in, or belonged to, ¹[any portion of His Majesty's forces before the 26th day of January, 1950, or of the forces of the Union thereafter], if purporting to be signed by or on behalf of the Governor General in Council or the Commander-in-Chief in India or by any prescribed officer, shall be evidence of the facts stated in such letter, return or other document.

(2) An Army List, ²[Navy List,] Air Force List or Gazette purporting to be published by authority shall be evidence of the status and rank of the officers or warrant officers therein mentioned, and of any appointment held by such officers or warrant officers and of the corps, ³[ship,] unit, battalion, arm, branch or department of the service to which such officers or warrant officers belong.

(3) Where a record is made in any service book in pursuance of this Act or of any rules made thereunder or otherwise in pursuance of air force duty, and purports to be signed by the commanding officer or by the officer whose duty it is to make such record, such record shall be evidence of the facts thereby stated.

(4) A copy of any record in any service book purporting to be certified to be a true copy by the officer having the custody of such book shall be evidence of such record.

(5) Where any person subject to this Act is being tried on a charge of desertion or of absence without leave, and such person has surrendered himself into the custody of, or has been apprehended by, a provost-marshal, assistant provost-marshal or other officer, or ¹[any portion of His Majesty's forces before the 26th day of January, 1950, or of the forces of the Union thereafter], a certificate purporting to be signed by such provost-marshal, assistant provost-marshal or other officer, or by the commanding officer of ⁴[that portion of His Majesty's forces or, at the case may be, the forces of the Union] and stating the fact, date and place of such surrender or apprehension, shall be evidence of the matters so stated.

(6) When any person subject to this Act is being tried on a charge of desertion or of absence without leave, and such person has surrendered himself into the custody of, or has been apprehended by, a police-officer not below the rank of an officer in charge of a police-station, a certificate purporting to be signed by such police-officer and stating the fact, date and place of such surrender or apprehension, shall be evidence of the matters stated.

(7) Any document purporting to be a report under the hand of any Chemical Examiner or Assistant Chemical Examiner to Government upon any matter or thing duly submitted to him for examination or analysis and report may be used as evidence in any proceeding under this Act.

Section 97. Reference by accused to Government officer

97. Reference by accused to Government officer:- ²[* * *]

_______________________________________________________________________

Prior to repeal by Act 45 of 1950, Section 97 read as:

_______________________________________________________________________

97. Reference by accused to Government officer.- (1) If at any trial for desertion, absence without leave, over-staying leave or not rejoining when warned for service, the person tried states in his defence any sufficient or reasonable excuse for his unauthorised absence, and refers in support thereof to any officer in ¹[the service of the Crown], or if it appears that any such officer is likely to prove or disprove the said statement in the defence, the court shall address such officer and adjourn until his reply is received.

(2) The written reply of any officer so referred to shall, if signed by him, be received in evidence and have the same effect as if made on oath before the court.

(3) If the court is dissolved before the receipt of such reply, or if the court omits to comply with the provisions of this section, the convening officer may, at his discretion, annul the proceedings and order a fresh trial by the same or another court-martial.

Section 98. Evidence of previous convictions and service character

98. Evidence of previous convictions and service character:- ¹[* * *]

_______________________________________________________________________

Prior to repeal by Act 45 of 1950, Section 98 read as:

_______________________________________________________________________

98. Evidence of previous convictions and service character.- (1) When any person subject to this Act has been convicted by a court-martial of any offence such court-martial may inquire into, and receive and record evidence of, any previous convictions of such person, either by a court-martial established under this Act or any other enactment or by a criminal court, and may further inquire into and record the service character of such person.

(2) Evidence received under this section may be either oral or in the shape of entries in, or certified extracts from, court-martial books or other official records; and it shall not be necessary to give notice before trial to the person tried that evidence as to his previous convictions or service character will be received.

Section 99. Order for custody and disposal of property pending trial is certain cases

99. Order for custody and disposal of property pending trial is certain cases:- ¹[* * *]

_______________________________________________________________________

Prior to repeal by Act 45 of 1950, Section 99 read as:

_______________________________________________________________________

99. Order for custody and disposal of property pending trial is certain cases.- When any property regarding which any offence, appears to have been committed, or which appears to have been used for the commission of any offence, is produced before a court-martial order as it thinks fit for the proper custody of such property pending the conclusion of the trial, and if the property is subject to speedy or natural decay may, after recording such, evidence as it thinks necessary, order it to be sold or otherwise disposed of.

Section 100. Finding and sentence invalid without confirmation

Chapter VIII - Confirmation, Revision, Pardon and Remission of Sentences

CHAPTER VIII.

Confirmation, Revision, Pardon and Remission of Sentences.

100. Finding and sentence invalid without confirmation:- ¹[* * *]

_______________________________________________________________________

Prior to repeal by Act 45 of 1950, Section 100 read as:

_______________________________________________________________________

100. Finding and sentence invalid without confirmation.- No finding or sentence of a general or district court-martial shall be valid except so far as it may be confirmed as provided by this Act.

Section 101. Power to confirm finding and sentence of general court-martial

101. Power to confirm finding and sentence of general court-martial:- ¹[* * *]

_______________________________________________________________________

Prior to repeal by Act 45 of 1950, Section 101 read as:

_______________________________________________________________________

101. Power to confirm finding and sentence of general court-martial.- The findings and sentences of general courts-martial may be confirmed by the Governor General in Council or by any officer empowered in this behalf by warrant of the Governor General in Council.

Section 102. Power to confirm finding and sentence of district court-martial

102. Power to confirm finding and sentence of district court-martial:- ¹[* * *]

_______________________________________________________________________

Prior to repeal by Act 45 of 1950, Section 102 read as:

_______________________________________________________________________

102. Power to confirm finding and sentence of district court-martial.- The findings and sentences of district courts-martial; may be confirmed by any authority having power to convene a general court-martial or by any officer empowered in this behalf by warrant of any such authority.

Section 103. Limitation of powers of confirming authorities

103. Limitation of powers of confirming authorities:- ¹[* * *]

_______________________________________________________________________

Prior to repeal by Act 45 of 1950, Section 103 read as:

_______________________________________________________________________

103. Limitation of powers of confirming authorities.- A warrant issued under section 101 or section 102; may contain such restrictions, reservations or conditions as; the authority issuing it may think fit.

Section 104. Confirmation of finding and sentence field general, court-martial

104. Confirmation of finding and sentence field general, court-martial:- ¹[* * *]

_______________________________________________________________________

Prior to repeal by Act 45 of 1950, Section 104 read as:

_______________________________________________________________________

104. Confirmation of finding and sentence field general, court-martial.- (1) Save as provided in sub-sections (2) and (3), a finding and sentence of a field general court-martial shall not, require to be confirmed, and may be carried out forthwith.

(2) The finding and sentence of a field general court-martial shall require to be confirmed-

(a) in the case of the trial of an officer,

(b) in the case of a sentence of death or of imprisonment for a term exceeding two years, and

(c) in any other case if so ordered by the convening authority.

(3) Such finding and sentence may be confirmed by the convening authority or, if the convening authority so directs, by an authority superior to the convening authority.

Section 105. Power of confirming authority to mitigate, remit or commute sentences

105. Power of confirming authority to mitigate, remit or commute sentences:- ¹[* * *]

_______________________________________________________________________

Prior to repeal by Act 45 of 1950, Section 105 read as:

_______________________________________________________________________

105. Power of confirming authority to mitigate, remit or commute sentences.- Subject to such restrictions as may be contained in any warrant issued under section 101 or section 102, a confirming authority may, if it confirms the sentence of a court-martial, mitigate or remit the punishment thereby awarded, or commute that punishment for any punishment or punishments lower in the scale laid down in section 19.

Section 106. Confirmation finding and sentence on board ship

106. Confirmation finding and sentence on board ship:- ¹[* * *]

_______________________________________________________________________

Prior to repeal by Act 45 of 1950, Section 106 read as:

_______________________________________________________________________

106. Confirmation finding and sentence on board ship.- When any person subject to this Act is tried and sentenced by court-martial while on board ship, the finding and sentence so far as not confirmed and executed on board ship may be confirmed and executed in like manner as if such person had been tried at the port of disembarkation.

Section 107. Revision of finding or sentence

107. Revision of finding or sentence:- ¹[* * *]

_______________________________________________________________________

Prior to repeal by Act 45 of 1950, Section 107 read as:

_______________________________________________________________________

107. Revision of finding or sentence.- (1) Any finding or sentence of a court-martial which requires confirmation may be once revised by order of the confirming authority; and on such revision, the court, if so directed by the confirming authority, may take additional evidence.

(2) The court, on revision, shall consist of the same officers as were present when the original decision was passed, unless any of those officers are unavoidably absent.

(3) In case of such unavoidable absence the cause thereof shall be duly certified in the proceedings, and the court shall proceed with the revision, provided that, if a general court-martial, it still consists of five officers, or, if a district court-martial, of three officers.

Section 108. Substitution of valid for Invalid sentence

108. Substitution of valid for Invalid sentence:- ²[* * *]

_______________________________________________________________________

Prior to repeal by Act 45 of 1950, Section 108 read as:

_______________________________________________________________________

"¹[108. (1) Substitution of a valid finding or sentence for an invalid fin, sentence.- Where a finding of guilty by a court-martial, which he confirmed, or which does not require confirmation, is found for any reason invalid or cannot be supported by the evidence, the authority which would had power under section 110, to commute the punishment awarded sentence, if the finding had been valid, may substitute a new finding, new finding could have been validly made by the court-martial on the and if it appears that the court-martial must have been satisfied of the establishing the offence specified or involved in the new finding, and may sentence for the said offence.

(2) Where a sentence passed by a court-martial, which has been confirmed or which does not require confirmation, not being a sentence passed in pursuance of a new finding substituted under sub-section (1) is found for any reason to be invalid, the authority which would have had power under section 110 to to commute the punishment awarded by the sentence if it had been valid may pass a valid sentence.

(3) The punishment awarded by a sentence passed under sub-section sub-section (2) shall not be higher in the scale of punishments than, or in of the punishment awarded by the sentence for which a new sentence is substituted under this section".]

Section 109. Provision where accused is a lunatic

109. Provision where accused is a lunatic:- ¹[* * *]

_______________________________________________________________________

Prior to repeal by Act 45 of 1950, Section 109 read as:

_______________________________________________________________________

109. Provision where accused is a lunatic.- (1) Whenever, in the course of a trial by court-martial, it appears to the court that the person charged is of unsound mind and consequently incapable of making his defence, or that such person committed the act alleged, but was by reason of unsoundness of mind incapable of knowing the nature of the act or that it was wrong or contrary to law, the court shall record a finding accordingly, and the president of the court shall forthwith report the case to the confirming authority, or, in the case of a field general court-martial, to the prescribed officer.

(2) A confirming authority to whom a case is reported under sub-section (1) may, if it does not confirm the finding, take steps to have the accused person tried by the same or another court-martial for the offence with which he was originally charged.

(3) A prescribed officer to whom a case is reported under sub-section (1) and a confirming authority confirming a finding in any case so reported to it shall order the accused person to be kept in custody in the prescribed manner, and, where the confirming authority is not itself the Governor General in Council, shall report the case for the orders of the Governor General in Council.

(4) On receipt of a report under sub-section (1) or sub-section (3), the Governor General in Council may order the accused person to be detained in a lunatic asylum or other suitable place of safe custody.

(5) Where an accused person, having been found by reason of unsoundness of mind to be incapable of making his defence, is in custody or under detention, the prescribed officer may-

(a) if such person is in custody under sub-section (3), on the report of a medical officer that he is capable of making his defence, or

(b) if such person is detained under sub-section (4), on a certificate such as is referred to in section 473 of the Code of Criminal Procedure, 1898.

take steps to have such person tried by the same or another court-martial for the offence with which he was originally charged or, provided that the offence is a civil offence, by a criminal court.

(6) A copy of every order made by the prescribed officer under sub-section (5) shall forthwith be sent to the Governor General in Council.

Section 110. Pardons and remissions

110. Pardons and remissions:- ¹[* * *]

_______________________________________________________________________

Prior to repeal by Act 45 of 1950, Section 110 read as:

_______________________________________________________________________

110. Pardons and remissions.- (1) When any person subject to this Act has been convicted by a court-martial of any offence, the Governor General in Council or the prescribed officer may-

(a) either without conditions or upon any conditions which the person sentenced accepts, pardon the person or remit the whole or any part of the punishment awarded; or

(b) mitigate the punishment awarded, or commute such punishment for any less punishment or punishments mentioned in this Act.

(2) If any condition on which a person has been pardoned or a punishment has been remitted is, in the opinion of the authority which granted the pardon or remitted the punishment, not fulfilled, such authority may cancel the pardon or remission, and thereupon the sentence of the court shall be carried into effect as if such pardon had not been granted or such punishment had not been remitted:

Provided that in the case of a person sentenced to imprisonment, such person shall undergo only the unexpired portion of his sentence.

(3) When under the provisions of section 23 a non-commissioned officer is deemed to be reduced to the ranks, such reduction shall, for the purposes of this section, be treated as a punishment awarded by sentence of a court-martial.

Section 111. Sentence of death

Chapter IX - Execution of Sentences and Disposal of Property

CHAPTER IX.

Execution of Sentences and Disposal of Property.

111. Sentence of death:- ¹[* * *]

_______________________________________________________________________

Prior to repeal by Act 45 of 1950, Section 111 read as:

_______________________________________________________________________

111. Sentence of death.- In awarding a sentence of death a court-martial shall, in its discretion, direct that the offender shall suffer, death by being hanged by the neck until he be dead, or shall suffer death by being shot to death.

Section 112. Commencement of sentence of imprisonment

112. Commencement of sentence of imprisonment:- ¹[* * *]

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Prior to repeal by Act 45 of 1950, Section 112 read as:

_______________________________________________________________________

112. Commencement of sentence of imprisonment.- Whenever any person is sentenced under this Act to imprisonment, the term of his sentence shall, whether it has been revised or not, be reckoned to commence on the day on which the original proceedings were signed by the president.

Section 113. Execution of sentence of imprisonment

113. Execution of sentence of imprisonment:- ²[* * *]

_______________________________________________________________________

Prior to repeal by Act 45 of 1950, Section 113 read as:

_______________________________________________________________________

¹[113. Execution of sentence of imprisonment.- Whenever any sentence of imprisonment is passed under this Act, or whenever any sentence so passed is commuted to imprisonment, the confirming officer, or, in the case of a sentence which does not require confirmation, the Court or in either case such office as may be prescribed may direct either that the sentence shall be carried out by confinement in a civil prison or by confinement in a military or air force prison, and the commanding officer of the person under sentence or such other officer as may be prescribed, shall forward a warrant in the prescribed form to the officer in charge of the prison in which the person under sentence is to be confined, and shall forward him to such prison with the warrant:

Provided that in the case of a sentence of imprisonment for a period not exceeding three months, in lieu of a direction that the sentence shall be carried out by confinement in a civil, military or air force prison, a direction may be made that the sentence shall be carried out by confinement in air force custody:

Provided further that on active service a sentence of imprisonment may be carried out by confinement in such place as the officer commanding the forces in the field may from time to time appoint."]

Section 114. Execution of sentence of imprisonment in special cases

114. Execution of sentence of imprisonment in special cases:- ¹[* * *]

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Prior to repeal by Act 45 of 1950, Section 114 read as:

_______________________________________________________________________

114. Execution of sentence of imprisonment in special cases.- Whenever, in the opinion of the Air Officer Commanding His Majesty's Air Forces in India, any sentence or portion of a sentence of imprisonment cannot, for special reasons, conveniently be carried out in accordance with the provisions of section 113, such officer may direct that such sentence or portion of sentence shall be carried out by confinement in any civil prison or other fit place.

Section 115. Execution of sentence of detention

115. Execution of sentence of detention:- ¹[* * *]

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Prior to repeal by Act 45 of 1950, Section 115 read as:

_______________________________________________________________________

115. Execution of sentence of detention.- When any sentence of detention is passed under this Act, or when any sentence so passed is commuted to detention, the punishment shall be carried out by detaining, the offender in any military or air force detention barracks, detention cells or other military or air force custody.

Section 116. Communication of certain orders to civil prison officers

116. Communication of certain orders to civil prison officers:- ²[* * *]

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Prior to repeal by Act 45 of 1950, Section 116 read as:

_______________________________________________________________________

¹[116. Communication of certain orders to prison officers.- Whenever a is duly made under this Act setting aside or varying any sentence, or warrant under which any person is confined in a civil, military or air force a warrant in accordance with such order shall be forwarded by the of officer to the officer-in-charge of the prison in which such, person is confined.

Section 117. Offenders sentenced to transportation how dealt with until transported

117. Offenders sentenced to transportation how dealt with until transported:- ¹[* * *]

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Prior to repeal by Act 45 of 1950, Section 117 read as:

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117. Offenders sentenced to transportation how dealt with until transported.- Where a sentence of transportation is imposed by court-martial under section 58, the offender, until he is transported, shall be dealt with in the same manner as if he had been sentenced to rigorous imprisonment, and shall be deemed to have been undergoing his sentence of transportation during the term of his imprisonment.

Section 118. Execution of sentence of fine

118. Execution of sentence of fine:- ³[* * *]

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Prior to repeal by Act 45 of 1950, Section 118 read as:

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118. Execution of sentence of fine.- When a sentence of fine is imposed by a court-martial under section 58 whether the trial was held ¹[within a Part A State or Part C State or elsewhere], a copy of such sentence, signed and certified by the president of the court or the officer holding the trial, as the case may be, may be sent to any Magistrate ²[in a Part A State or Part C State], and such Magistrate shall thereupon cause the fine to be recovered in accordance with the provisions of the Code of Criminal Procedure, 1898 (V of 1898), for the levy of fines as if it was a sentence of fine imposed by such Magistrate.

Section 119. Order for disposal of property regarding which offence committed

119. Order for disposal of property regarding which offence committed:- ²[* * *]

_______________________________________________________________________

Prior to repeal by Act 45 of 1950, Section 119 read as:

_______________________________________________________________________

119. Order for disposal of property regarding which offence committed.- (1) After the conclusion of a trial before any court-martial, the court or the authority confirming its finding or sentence or any authority superior to such authority, or, in the case of a finding or sentence which does not require confirmation, the officer commanding the unit within which the trial was held, may make such order as it or he thinks fit for the disposal by destruction, confiscation, delivery to any person claiming to be entitled to possession thereof, or otherwise, of any property or document produced before the court or in its custody, or regarding which any offence appears, to have been committed or which has been used for the commission of any offence.

(2) Where any order has been made under sub-section (1) in respect of property regarding which an offence appears to have been committed, a copy of such order signed and certified by the authority making the same may, whether the trial was held ¹[within a Part A State or Part C State or elsewhere], be sent to a Magistrate in any presidency-town or district in which such property for the time being is, and such Magistrate shall thereupon cause the order to be carried into effect as if it was an order passed by such Magistrate under the provisions of the Code of Criminal Procedure, 1898 (V of 1898).

Explanation.-In this section the term "property" includes, in the case of property regarding which an offence appears to have been committed, not only such property as has been originally in the possession or under the control of any party but also any property into or for which the same may have been converted or exchanged, and anything acquired by such conversion or exchange whether immediately or otherwise.

Section 119-A. Establishment and regulation of air force prisons and detention barracks

119-A. Establishment and regulation of air force prisons and detention barracks:- ²[* * *]

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Prior to repeal by Act 45 of 1950, Section 119-A read as:

_______________________________________________________________________

¹[119-A. (1) Establishment and regulation of air force prisons and detention barracks.- The Central Government may set apart any building or part of a building or any place under its control as an air force prison or detention barracks for the confinement of persons sentenced to imprisonment or detention under this Act.

(2) The Central Government may by rules provide-

(a) for the government, management and regulation of such air force prison and detention barracks;

(b) for the appointment and removal and powers of inspectors, visitor governors and officers thereof;

(c) for the labour of prisoners and persons undergoing detention therein for enabling such prisoners or persons to earn by special industry and conduct a remission of a portion of their sentence; and

(d) for the case custody of such prisoners or persons and the maintenance of discipline among them and the punishment by personal correction, restrain or otherwise, of offences committed by them:

Provided that such rules shall not authorise corporal punishment to be inflicted for any offence nor render the imprisonment or detention more serve than it is under the law for the time being in force relating to civil prison in British India.

(3) Rules made under this section may provide for the application to air force prisons or detention barracks of any of the provisions of the Prisons Act 1894 (IX of 1894), relating to the duties of officers of prisons and the punishment of persons not prisoners.

Section 120. Complaints against superior officers and airmen

Chapter X - Special Rules relating to Persons and Property

CHAPTER X.

Special Rules relating to Persons and Property.

120. Complaints against superior officers and airmen:- ¹[* * *]

_______________________________________________________________________

Prior to repeal by Act 45 of 1950, Section 120 read as:

_______________________________________________________________________

120. Complaints against superior officers and airmen.- (1) If an officer of the Indian Air Force thinks him self wronged by his commanding officer, or other superior officer, and on due application made to his commanding officer does not receive the redress to which he may consider himself entitled, he may complain to the Governor General in Council in order to obtain justice.

(2) If any airman thinks himself wronged in any matter by any officer other than the officer under whose command or orders he is serving, or by any airman, he may complain thereof to the officer under whose command or orders, he is serving, and if he thinks himself wronged by the officer under whose command or orders he is serving, either in respect of his complaint not being redressed or in respect of any other matter, he may complain thereof to his commanding officer, and if he thinks himself wronged by his commanding officer, either in respect of his complaint not being redressed or in respect of any other matter, he may complain thereof to the prescribed officer; and every officer to whom a complaint is made in pursuance of this section shall cause such complaint to be inquired into, and shall, if on inquiry he is satisfied of the justice of the complaint so made, take such steps as may be necessary for giving full redress to the complainant in respect of the matter complained of.

Section 121. Privileges of persona attending courts-martial

121. Privileges of persona attending courts-martial:- ¹[* * *]

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Prior to repeal by Act 45 of 1950, Section 121 read as:

_______________________________________________________________________

121. Privileges of persona attending courts-martial.- (1) No president or member of a court-martial, no judge advocate, no party to any proceeding before a court martial, or his legal practitioner or agent, and no witness acting in obedience to a summons to attend a court-martial, shall, while proceeding to, attending on or returning from a court-martial, be liable to arrest under civil or revenue process.

(2) If any such person is arrested under any such process, he may be discharged by order of the court-martial.

Section 122. Exemption from arrest for debt

122. Exemption from arrest for debt:- ¹[* * *]

_______________________________________________________________________

Prior to repeal by Act 45 of 1950, Section 122 read as:

_______________________________________________________________________

122. Exemption from arrest for debt.- (1) No officer or person enrolled in the Indian Air Force shall be liable to be arrested for debt under any process issued by, or by the authority of, any civil or revenue court, or revenue-officer.

(2) The judge of any such court may examine into any complaint made by such person or his superior officer of the arrest of such person contrary to the provisions of this section, and may, by warrant under his hand, discharge the person, and award reasonable costs to the complainant, who may recover those costs in like manner as he might have recovered, costs awarded to him by a decree against the person obtaining the process.

(3) For the recovery of such costs no fee shall be payable to the court by the complainant.

Section 123. Property exempted from attachment

123. Property exempted from attachment:- ¹[* * *]

_______________________________________________________________________

Prior to repeal by Act 45 of 1950, Section 123 read as:

_______________________________________________________________________

123. Property exempted from attachment.- Neither the arms, clothes, equipment, accoutrements, or necessaries of any person subject to this Act, nor any animal used by him for the discharge of his duty, shall be seized, nor shall the pay and allowances of any such person or any part thereof be attached, by direction of any civil or revenue court, or any revenue-officer, in satisfaction of any decree or Order enforceable against him.

Section 124. Application to reservists

124. Application to reservists:- ¹[* * *]

_______________________________________________________________________

Prior to repeal by Act 45 of 1950, Section 124 read as:

_______________________________________________________________________

124. Application to reservists.- Every person belonging to the Indian Air Force-Reserve shall, when called out for or engaged upon or returning from training or service, be entitled to all the privileges-accorded by sections 122 and 123 to a person subject to this Act.

Section 125. Priority of hearing by courts of cases in which persons subject to this Act are concerned

125. Priority of hearing by courts of cases in which persons subject to this Act are concerned:- ¹[* * *]

_______________________________________________________________________

Prior to repeal by Act 45 of 1950, Section 125 read as:

_______________________________________________________________________

125. Priority of hearing by courts of cases in which persons subject to this Act are concerned.- (1) On the presentation to any court by or on behalf of any person subject to this Act of a certificate, from the proper air force authority, of leave of absence having been, granted to or applied for by him for the purpose of prosecuting or defending any suit or other proceeding in such court, the court shall, on the application of such person, arrange, so far as may be possible, for the hearing and final disposal of such suit or other proceeding within the period of the leave so granted or applied for.

(2) The certificate from the proper air force authority shall state the first and last day of the leave or intended leave, and set forth a description of the case with respect to which, the leave was granted or applied for.

(3) No fee shall be payable to the court in respect of the presentation of any such certificate, or in respect of any application by or on behalf of any such person for priority for the hearing of his case.

(4) Where the court is unable to arrange for the hearing and final disposal of the suit or other proceeding within the period of such leave or intended leave as aforesaid, it shall record its reasons for having been unable to do so, and shall cause a copy thereof to be furnished to such person on his application without any payment whatever by him in respect either of the application for such copy or of the copy itself.

(5) If in any case a question arises as to the proper air force authority qualified to grant such certificate as aforesaid, such question shall be at once referred by the court to an officer commanding a unit, whose decision shall be final.

Section 126. Property of deceased persons and deserters

126. Property of deceased persons and deserters.- ¹⁴[* * *]

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Prior to repeal by Act 40 of 1950, Section 126 read as:

_______________________________________________________________________

126. Property of deceased persons and deserters.- The following ⁴[provisions] are enacted respecting the disposal of the property of every person subject to this Act ⁵[not being an officer or warrant officer or the Indian Air Force] who dies or deserts:-

(1) The commanding officer of the unit to which the deceased person or deserter belonged shall secure-all the moveable property belonging to the deceased or deserter that is in camp or quarters, and cause an inventory thereof to be made, and draw any pay and allowances due to such person.

⁶[(2) In the case of a deceased person who bos left in a bank (including any post office savings bank, co-operative bank or society or any other institution receiving deposits in money, however named) a deposit not exceeding one thousand rupees, tbe commanding officer may, if ho thinks fit, require the agent, manager or other proper officer of such bank, society or other institution to pay the deposit to him forthwith, notwithstanding anything in any rules of the bank, society or other institution and when any money has been paid by such bank, society or othor institution in compliance with such requisition, no person shall have any claim against the bank, society or other institution in respect of such money.]

(3) In the case of a deceased person whose representative is on the spot and has given security for the payment of the service or other debts in camp or quarters (if any) of the deceased, the commanding officer shall deliver over any property received under clauses (1) and (2) to that representative.

(4) In the case of a deceased person whose estate is not dealt with under clause (3), and in the case of any deserter, the commanding officer shall cause the moveable property to be sold by public auction ⁷[and may convert into money any cash certificates (including post office cash certificates, defence savings certificates and national savings certificates)], and shall pay the service and other debts in camp or quarters (if any), and, in the case of a deceased person, the expenses of his funeral ceremonies, from the proceeds of the sale ⁸[or conversion] and from any pay and allowances drawn under clause (1) and from the amount of the deposit (if any) received under clause (2)

(5) The surplus, if any, shall, in the case of a deceased person, be paid to his representative (if any), or, in the event of no claim to such surplus being established within twelve months after the death, be remitted to the prescribed person.

(6) In the case of a deserter, the surplus (if any) shall be forthwith remitted to the prescribed person and shall, on the expiry of three years from the date of his desertion, be forfeited to His Majesty, unless the deserter shall in the meantime have surrendered or been apprehended.

⁹[* * *]

(¹⁰[7]) The decision of the commanding officer ¹¹[* * *], as to what are the service and other debts in camp or quarters of a deceased person ¹²[or deserter] and as to the amount payable therefor shall, without prejudice to any jurisdiction otherwise exercisable by a court of law be final.]

¹³[* * *]

_______________________________________________________________________

Prior to repeal by Act 17 of 1948, Section 126 read as:

_______________________________________________________________________

126. Property of deceased persons and deserters.- The following rules are enacted respecting the disposal of the property of every person subject to this Act who dies or deserts:-

(1) The commanding officer of the unit to which the deceased person or deserter belonged shall secure-all the moveable property belonging to the deceased or deserter that is in camp or quarters, and cause an inventory thereof to be made, and draw any pay and allowances due to such person.

(2) In the case of a deceased person who has left in a Government savings bank (including any post-office savings bank, however named) a deposit not exceeding one thousand rupees, the commanding officer may, if he thinks fit, require the secretary or other proper official of the bank to pay the deposit to him forthwith, notwithstanding any thing-in any departmental rules, and after the payment, thereof in accordance with such requisition, no person shall have any right in respect of the deposit except as hereinafter provided.

(3) In the case of a deceased person whose representative is on the spot and has given security for the payment of the service or other debts in camp or quarters (if any) of the deceased, the commanding officer shall deliver over any property received under clauses (1) and (2) to that representative.

(4) In the case of a deceased person whose estate is not dealt with under clause (3), and in the case of any deserter, the commanding officer shall cause the moveable property to be sold by public auction, and shall pay the service and other debts in camp or quarters (if any), and, in the case of a deceased person, the expenses of his funeral ceremonies, from the proceeds of the sale and from any pay and allowances drawn under clause (1) and from the amount of the deposit (if any) received under clause (2)

(5) The surplus, if any, shall, in the case of a deceased person, be paid to his representative (if any), or, in the event of no claim to such surplus being established within twelve months after the death, be remitted to the prescribed person.

(6) In the case of a deserter, the surplus (if any) shall be forthwith remitted to the prescribed person and shall, on the expiry of three years from the date of his desertion, be forfeited to His Majesty, unless the deserter shall in the meantime have surrendered or been apprehended.

¹[(7) In the case of a person dying or deserting while on active service, the references in the foregoing rules to the commanding officer shall be constructed as references to the Standing Committeee of Adjustment, if any, appointed in this behalf in the manner prescribed; and the power conferred by rule (2) to require payment of a deposit left in a Government savings bank shall be read as a power to require the paymetn from an deposit left in any bank notwithstanding anything in the rules of the bank, of a sum, not exceeding one thousad five hundered repees, equal to the nearest multiple of one hundred rupees above the amount estimated by the Standing Committee of Adjustment as necessary to meet the service and other debts in camp or quarters of the deceased.

(8) The decision of the commanding officer or the Standing Committee of Adjustment, as the case may be, as to what are the service and other debts in camp or quarters of a deceased person and as to the amount payable therefor shall, without prejudice to any jurisdiction otherwise exercisable by a court of law be final.]

Meaning of deserter.- Explanation ²[1].-A person shall be deemed to be a deserter within the meaning of this section who has without authority been absent from duty for a period of twenty-one days and has not subsequently surrendered or been apprehended.

³[Explanation 2. The expression ‘service and other debts in camp or quarters’ includes for the prrposes of this section money due as-

air force debts, namely, sums due in respect of, or of any advance in respect of-

(a) quarters,

(b) mess, band, and other service accounts,

(c) air force clothing, appointments, and equlpments, not exceeding a sum equal to six months pay of the deceased, and having become due within eithteen mnths bedore his death.]

_______________________________________________________________________

Prior to amendment by Act 8 of 1945, Section 126 read as:

_______________________________________________________________________

126. Property of deceased persons and deserters.- The following rules are enacted respecting the disposal of the property of every person subject to this Act who dies or deserts:-

(1) The commanding officer of the unit to which the deceased person or deserter belonged shall secure-all the moveable property belonging to the deceased or deserter that is in camp or quarters, and cause an inventory thereof to be made, and draw any pay and allowances due to such person.

(2) In the case of a deceased person who has left in a Government savings bank (including any post-office savings bank, however named) a deposit not exceeding one thousand rupees, the commanding officer may, if he thinks fit, require the secretary or other proper official of the bank to pay the deposit to him forthwith, notwithstanding any thing-in any departmental rules, and after the payment, thereof in accordance with such requisition, no person shall have any right in respect of the deposit except as hereinafter provided.

(3) In the case of a deceased person whose representative is on the spot and has given security for the payment of the service or other debts in camp or quarters (if any) of the deceased, the commanding officer shall deliver over any property received under clauses (1) and (2) to that representative.

(4) In the case of a deceased person whose estate is not dealt with under clause (3), and in the case of any deserter, the commanding officer shall cause the moveable property to be sold by public auction, and shall pay the service and other debts in camp or quarters (if any), and, in the case of a deceased person, the expenses of his funeral ceremonies, from the proceeds of the sale and from any pay and allowances drawn under clause (1) and from the amount of the deposit (if any) received under clause (2)

(5) The surplus, if any, shall, in the case of a deceased person, be paid to his representative (if any), or, in the event of no claim to such surplus being established within twelve months after the death, be remitted to the prescribed person.

(6) In the case of a deserter, the surplus (if any) shall be forthwith remitted to the prescribed person and shall, on the expiry of three years from the date of his desertion, be forfeited to His Majesty, unless the deserter shall in the meantime have surrendered or been apprehended.

Meaning of deserter.- Explanation.-A person shall be deemed to be a deserter within the meaning of this section who has without authority been absent from duty for a period of twenty-one days and has not subsequently surrendered or been apprehended.

Section 127. Disposal of certain property without production of probate, etc.

127. Disposal of certain property without production of probate, etc.- ²[* * *]

_______________________________________________________________________

Prior to repeal by Act 40 of 1950, Section 127 read as:

_______________________________________________________________________

127. Disposal of certain property without production of probate, etc.- Property deliverable and money payable to the representative of a deceased person under section 126 may, if the total value or amount thereof does not exceed one thousand rupees, and if the prescribed person thinks fit, be delivered or paid to any person appearing to him to be entitled to receive it or to administer the estate of the deceased, without requiring the production of any probate, letters of administration, certificate or other such conclusive evidence of title; and such delivery or payment shall be a full discharge to those ordering or making the same and to the ¹[crown] from all further liability in respect of the property or money; but nothing in this section shall affect the rights of any executor or administrator or other representative, or of any creditor of a deceased person against any person to whom such delivery or payment has been made.

Section 128. Appication of sections 126 and 127 to lunatics, etc.

128. Appication of sections 126 and 127 to lunatics, etc.- ²[* * *]

_______________________________________________________________________

Prior to repeal by Act 40 of 1950, Section 128 read as:

_______________________________________________________________________

¹[128. Appication of sections 126 and 127 to lunatics, etc.-The provisions of sections 126 and 127 Shall, bo far as they can be made applicable, apply in the case of a person subject to this Act (not being an officer or warrant officer of the Indian Air Force) who notwithstanding anything contained in the Indian Lunacy Act, 1912 (IV of 1912) is ascertained in the prescribed manner to be insane, or, who, being on active service, is officially reported missing, as if he had died on the day on which his insanity is so ascertained, or, as the case may be, on the day on whioh he is officially reported missing:

Provided that in the case of a person so reported missing, no action shall be taken under clauses (2) to (5) inclusive of section 126 until such time as such person is officially presumed to be dead.]

_______________________________________________________________________

Prior to amendment by Act 17 of 1948, Section 128 read as:

_______________________________________________________________________

128. Application to lunatics and persons missing on active service.- The provisions of section 126 shall, so far as they can be made applicable, apply in the case of a person subject to this Act becoming insane or who, being on active service, is officially reported missing:

Provided that, in the case of a person so reported missing, no action shall be taken under sub-sections (2) to (5), inclusive, of the said section, until one year has elapsed from the date of such report.

Section 128-A. Property of officers of the Indian Air Force who die or desert

128-A. Property of officers of the Indian Air Force who die or desert.- ²[* * *]

_______________________________________________________________________

Prior to repeal by Act 40 of 1950, Section 128-A read as:

_______________________________________________________________________

¹[128-A. Property of officers of the Indian Air Force who die or desert.- The provisions of sections 128B to 128I shall apply to the disposal of the property of the officers and warrant officers of the Indian Air Force who die or desert.]

Section 128-B. Powers of Committee of Adjustment

128-B. Powers of Committee of Adjustment.- ²[* * *]

_______________________________________________________________________

Prior to repeal by Act 40 of 1950, Section 128-B read as:

_______________________________________________________________________

¹[128-B. Powers of Committee of Adjustment.- (1) On the death or desertion of an officer or warrant officer of the Indian Air force a Committee of Adjustment appointed in this behalf in the manner prescribed (hereinafter referred to as the Committee) shall, as soon as may be, subject to the rules made in this behalf under this Act,-

(a) secure all the moveable property belonging to the deceased or deserter, that is in camp or quarters, and cause an inventory thereof to be made, and ascertain and draw the pay and allowances, if any, due to him; and

(b) ascertain the amount, and provide for the payment of the service and other debts in camp or quarters (if any) of the deceased or deserter.

(2) In the case of a deceased officer or warrant officer whose representative, widow (if any) or next of kin has given security to the satisfaction of the Committee for the payment of the service and other debts in camp or quarters (if any) of the deceased, the Committee shall deliver any property received by it under sub-section (1) to that representative, widow or next of kin, as the case may be and shall not further interface in relation to the property of the deceased.

(3) In the case of a deceased officer or warrant officer, the Committee, have as may be prescribed shall, if it appeal to it necessary for the payment of service and other debts in camp or quarters and the expenses, if any incurred by the. Committee, and may, in any other case, collect all moneys left by the deceased in any bank (including any post office savings bank, co-operative bank or society or any other institution receiving deposits in money, however named) and for that purpose may require the agent manager or other proper officer of such bank, society or other institution to pay the moneys to the Committee forthwith, and such agent manager or other officer shall he bound to comply with the requisition notwithstanding anything in any rules of the bank or other institution and when any money has been paid by a bank or other institution in compliance with the requisition under this sub-section, no person shall have a claim against the bank or other institution in respect of such money.

(4) In the case of a decesaed officer or warrant officer whose estate has not been dealt with under sub-section (2) and in the case of a deserter the Committee, subject to any rules made in this behalf under this Act, shall, for the purpose of paying the service and other debts in camp or quarters, and may in any other case sell or convert into money the moveable property of the deceased or deserter.

(5) The Committee shall, out of the moneys referred to in sub-sections (3) and (4), pay the service and other debts in camp or quarters (if any) of the deceased or deserter.

(6) In the case of a deceased officer or warrant officer, the surplus (if any) shall be remitted to the prescribed person.

(7) In the case of an officer or warrant officer who is a deserter, the surplus (if any) shall be forthwith remitted to the prescribed person and shall, on the expiry of three years from the date of his desertion, be forfeited to the Central Government unless the deserter shall in the meantime have surrendered or been apprehended:

Provided that the prescribed person may pay the whole or such part of the surplus as he may deem proper to the wife or children or other dependents of the officer or warrant officer.

(8) If in any case a doubt or difference arises as to what are the service and other debts in camp or quarters of a deceased officer or deserter or as to the amount payable, therefore, the decision of the prescribed person shall be final and shall be binding on all persons for all purposes.

(9) For the purpose of the exercise of its duties under this section, the Committee shall, to the exclusion of all authorities and persons whomsoever, have the same rights and powers as if it had taken out representation to the deceased, and any receipt given by the Committee shall have effect accordingly.]

Section 128-C. Powers of Central Government to band over the estate of a deceased officer to Administrator General

128-C. Powers of Central Government to band over the estate of a deceased officer to Administrator General.- ²[* * *]

_______________________________________________________________________

Prior to repeal by Act 40 of 1950, Section 128-C read as:

_______________________________________________________________________

¹[128-C. Powers of Central Government to band over the estate of a deceased officer to Administrator General.- (1) Notwithstanding anything contained in the Administrator General's Act, 1913 (III of 1913), an Administrator General shall not interpose in any manner in relation to, any property of a deceased officer or warrant officer which has been dealt with under the provisions of section 128B except in so far as he is expressly required or permitted to do so by or under the provisions contained in this Chapter.

(2) The Central Government may at any time, and in such circumstances as it thinks fit direct that the estate of a deceased officer or warrant officer shall be handed over by the Committee to the Administrator General of a Province for administration and thereupon the Committee shall make over the estate to such Administrator General.

(3) Where under this section any estate is handed over to the Administrator General, he shall administer the estate in accordance, with the provisions of the Administrator General's Act, 1918 (III of 1913):

Provided that the service and other debts in camp or quarters of the deceased, officer (if any) shall be paid in priority to any other debt due by him.

(4) The Administrator General shall pay the surplus, if any, remaining in his hands after discharge of all debts and charges, to the heirs of the deceased and, if no heir is traceable, shall remit such surplus to the prescribed person in the prescribed manner.

(5) The Administrator General shall not charge in respect of his duties any fee exceeding three per cent, of the gross amount coming to or remaining in his hands after payment of the service and other debts in comp or quarters.]

Section 128-D. Disposal of surplus by the prescribed person

128-D. Disposal of surplus by the prescribed person.- ²[* * *]

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Prior to repeal by Act 40 of 1950, Section 128-D read as:

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¹[128-D. Disposal of surplus by the prescribed person.- On receipt of the surplus referred to in sub-section (6) of section 128B or sub-section (4) of section 128C, the prescribed person shall proceed as follows:-

(1) If he knows of a representative of the deceased, he shall pay the surplus to that representative.

(2) If he does not know of any such representative, he shall publish every year a notice in the prescribed form and manner for six, consecutive years. If no claim to the surplus is made by a representative of the deceased within six months after the publication of the last of such notices, the prescribed person shall deposit the surplus together with any income or accumulation of income accrued there from to the credit of the Central Government:

Provided that such deposit shall not bar the claim of any person to such surplus or any part thereof.]

Section 128-E. Disposal of effects not money

128-E. Disposal of effects not money.- ²[* * *]

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Prior to repeal by Act 40 of 1950, Section 128-E read as:

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¹[128-E. Disposal of effects not money.- Where any part of the estate of a deceased officer or warrant officer consists of effects, securities or other property not converted into money, the provisions of section 128B and section 128D with respect to paying the surplus shall, save as may be prescribed, extend to the delivery, transmission or transfer of such effects, securities or property, and the prescribed person shall have the same power of converting the same, into money as a representative of the deceased.]

Section 128-F. Disposal of certain property without production of probate, etc.

128-F. Disposal of certain property without production of probate, etc.- ²[* * *]

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Prior to repeal by Act 40 of 1950, Section 128-F read as:

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¹[128-F. Disposal of certain property without production of probate, etc.- Property deliverable and money payable to the representative of a deceased officer or warrant officer under section 128B or section 128D may, if the total amount or value thereof does not exceed five thousand rupees, and, if the prescribed person thinks fit, be delivered or paid to any person appearing to him to be entitled to receive it or to administer the estate of the deceased, without requiring the production of any probate, letters of administration, succession certificate or other such conclusive evidence of title.]

Section 128-G. Discharge of Committee, prescribed person and the Crown

[128-G. Discharge of Committee, prescribed person and the Crown.- ²[* * *]

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Prior to repeal by Act 40 of 1950, Section 128-G read as:

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¹[128-G. Discharge of Committee, prescribed person and the Crown.- Any payment of money or delivery, application, sale or other disposition of any property or money made, or purported to be made by the Committee or the prescribed person in good faith in pursuance of section 128B, section 128D, section 128E or section 128F shall be valid and shall be a full discharge to the Committee or the prescribed person, as the case may be, and to the Crown from all further liability in respect of that money or property; but nothing herein contained shall affect the right of any executor or administrator or other representative, or of any creditor of the deceased officer or warrant officer against any person to whom such payment or delivery has been made.]

Section 128-H. Property in the hands of the Committee or the prescribed person not to be assets at the place where the Committee or the prescribed person is stationed

128-H. Property in the hands of the Committee or the prescribed person not to be assets at the place where the Committee or the prescribed person is stationed.- ²[* * *]

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Prior to repeal by Act 40 of 1950, Section 128-H read as:

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¹[128-H. Property in the hands of the Committee or the prescribed person not to be assets at the place where the Committee or the prescribed person is stationed.- Any property coming under section 128B or under sub-section (4) of section 128C into the hands of the Committee or the prescribed person shall not, by reason of so coming, be deemed to be assets or effects at the place in which that Committee or the prescribed person is stationed and it shall not be necessary by reason thereof that representation be taken out in respect of that property for that place.]

Section 128-I. Saving of rights of representative

128-I. Saving of rights of representative.- ²[* * *]

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Prior to repeal by Act 40 of 1950, Section 128-I read as:

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¹[128-I. Saving of rights of representative.- After the Committee has deposited with the prescribed person the surplus of the property of any deceased officer or warrant officer under sub-section (6) of section 128B, any representative of the deceased or any Administrator General, shall, as regards any property of the deceased not collected by the Committee and not forming part of the aforesaid surplus, have the same rights and duties as if section 128B had not been enacted.]

Section 128-J. Application of sections 128-B to 128-I to lunatics, etc.

128-J. Application of sections 128-B to 128-I to lunatics, etc.- ²[* * *]

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Prior to repeal by Act 40 of 1950, Section 128-J read as:

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¹[128-J. Application of sections 128B to 128I to lunatics, etc.- The provisions of sections 128B to 128I shall, so far as they can be made applicable, apply in the case of an officer or warrant officer of the Indian Air Force who, notwithstanding anything contained in the Indian. Lunacy Act, 1912 (IV of 1912), is ascertained in the prescribed manner to be insane, or, who, being on active service, is officially reported missing, as if he had died on the day on which his insanity is so ascertained or, as the case may be, on the day on which be is officially reported missing:

Provided that in the case of an officer or warrant officer so reported missing no action shall be taken under sub-sections (2) to (5) of section 128B or under section 128C until such time as he is officially presumed to be dead.]

Section 128-K. Appointment of Standing Committee of Adjustment when officers die or desert while on active service

128-K. Appointment of Standing Committee of Adjustment when officers die or desert while on active service.- ²[* * *]

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Prior to repeal by Act 40 of 1950, Section 128-K read as:

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¹[128-K. Appointment of Standing Committee of Adjustment when officers die or desert while on active service.- When an officer or warrant officer dies or deserts while on active service, the references in the foregoing provisions of this Chapter to the Committee shall be construed as references to the Standing Committee of Adjustment, if any, appointed in this behalf in the manner prescribed.]

Section 128-L. Interpretation

128-L. Interpretation.- ²[* * *]

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Prior to repeal by Act 40 of 1950, Section 128-L read as:

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¹[128-L. Interpretation.- For the purposes of this Chapter-

(1) the expression service and other debts in camp or quarters' includes money due as air force debts, namely, sums due in respect of, or of any advance in respect of-

(a) quarters;

(b) mess, band, and other service accounts;

(c) air force clothing, appointments and equipments, not exceeding a sum equal to three months pay of the deceased, and having become due within eighteen months before his death;

(2) ‘representation’ includes probate and letters of administration with or without the will annexed, and a succession certificate, constituting a person the executor or administrator of the estate of a deceased person or authorising him to receive or realize the assets of a deceased person;

(3) ‘representative’ means any person who has taken out representation but does not include an Administrator General.]

Section 129. Power to make rules

Chapter XI - Supplemental

CHAPTER XI.

Supplemental.

129. Power to make rules:- ¹[* * *]

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Prior to repeal by Act 45 of 1950, Section 129 read as:

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129. Power to make rules.- (1) The Governor General in Council may make rules Power to for the purpose of carrying into effect the provisions of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power such rules may provide for-

(a) the discharge from the service of persons subject to this Act;

(b) the specification of the punishments which may be awarded as field punishments under sections 21 and 25;

(c) the assembly and procedure of courts of inquiry, and the administration of oaths or affirmations by such courts;

(d) the convening and constituting of courts-martial;

(e) the adjournment, dissolution and sittings of courts martial;

(f) the procedure to be observed in trials by courts-martial;

(g) the confirmation and revision of the findings and Sentences of courts-martial;

(h) the carrying into effect sentences of courts-martial;

(i) the forms of orders to be made under the provisions of this Act relating to courts-martial and imprisonment;

(j) the constitution of authorities to decide for what persons, to what amounts and in what manner, provision should be made for dependants under section 29, and the due carrying out of such decisions; and

(k) any matter in this Act directed to be prescribed.

(3) All rules made under this Act shall be published in the Gazette of India, and, on such publication, shall have effect as if enacted in this Act.

Section 130. Amendment of certain enactments

130. Amendment of certain enactments.- ¹[* * *]

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Prior to repeal by Act 1 of 1938, Section 130 read as:

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130. Amendment of certain enactments.- The enactments specified in the Schedule are hereby amended to the extent and in the manner mentioned in the fourth column thereof.