Act 007 of 1935 : Indian Army (Amendment) Act, 1935

Section 1. Short title

1. Short title.- This Act may be called the "Indian Army (Amendment) Act, 1935".

Section 2. Amendment of section 50, Act VIII of 1911

2. Amendment of section 50, Act VIII of 1911.- In sub-section (2) of section 50 of the Indian Army Act, 1911 (VIII of 1911) (hereinafter referred to as the said Act),-

(a) for clause (d) the following clause shall be substituted, namely:-

"(d) all pay and allowances ordered by a court-martial under section 43, or by an officer exercising authority under section 20, to be forfeited;"; and

(b) in clause (g) the words and figures "or section 42" shall be omitted.

Section 3. Amendment of section 78, Act VIII of 1911

3. Amendment of section 73, Act VIII of 1911.- In the proviso to section 73 of the said Act, for the words, brackets, letter and figures "the punishment specified in clause (h) of section 43 or" the following shall be substituted, namely:-

"the punishments specified in clauses (g), (gg) and (h) of section 43 or".

Section 4. Amendment of section 103A, Act VIII of 1911

4. Amendment of section 103A, Act VIII of 1911.- After sub-section (5) of section 103A of the said Act the following sub-sections shall be inserted, namely:-

"(5A) Where any person is in custody under sub-section (3) or under detention under sub-section (4),-

(a) if such person is in custody under sub-section (3), on the report of a medical officer, or

(b) if such person is detained under sub-section (4), on a certificate from any of the authorities empowered to grant a certificate under section 473 of the Code of Criminal Procedure, 1898 (V of 1898),

that, in the judgment of such officer or authority, such person may be released without danger of his doing injury to himself or to any other person, the ¹[President] in Council may thereupon order such person to be released, or to be detained in custody, or to be transferred to a public lunatic asylum if he has not been already sent to such an asylum,

(5B) Where any relative or friend of any person who is in custody under sub-section (3) or under detention under sub-section (4) desires that he shall be delivered to his care and custody, the ¹[President] in Council may, upon the application of such relative or friend and on his giving security to the satisfaction of the ¹[President] in Council that the person delivered shall-

(a) be properly taken care of and prevented from doing injury to himself or to any other person, and

(b) be produced for the inspection of such officer, and at such times and places, as the ¹[President] in Council may direct,

order such person to be delivered to such relative or friend."