Air Force Act, 1950

Bare Act · 1950

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

Act number: 45 of 1950
Enacted: 18 May 1950
Contents: 195 sections · 16 chapters

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Contents

Chapter I — Preliminary

Chapter II — Special Provisions For The Application Of Act In Certain Cases

Chapter III — Commission, Appointment And Enrolment

Section 10 – Commission and appointment (preview)
Section 11 – Ineligibility of aliens for enrolment (preview)
Section 12 – Ineligibility of females for enrolment or employment (preview)
Section 13 – Procedure before enrolling officer (preview)
Section 14 – Mode of enrolment (preview)
Section 15 – Validity of enrolment (preview)
Section 16 – Persons to be attested (preview)
Section 17 – Mode of attestation (preview)

Chapter IV — Conditions Of Service

Chapter V — Service Privileges

Section 25 – Authorised deductions only to be made from pay (preview)
Section 26 – Remedy of aggrieved airmen (preview)
Section 27 – Remedy of aggrieved officers (preview)
Section 29 – Immunity from arrest for debt (preview)
Section 30 – Immunity of persons attending courts-martial from arrest (preview)
Section 31 – Privileges of reservists (preview)
Section 32 – Priority in respect of Air Force personnel's litigation (preview)
Section 33 – Saving of rights and privileges under other laws (preview)

Sections

Section 28 – Immunity from attachment (preview)
Section 56 – False accusation (preview)
Section 109 – Different kinds of courts-martial (preview)
Section 136 – Commissions for examination of witnesses (preview)

Chapter VI — Offences

Section 34 – Offences in relation to the enemy and punishable with death (preview)
Section 35 – Offences in relation to the enemy and not punishable with death (preview)
Section 36 – Offences punishable more severely on active service than at other times (preview)
Section 37 – Mutiny (preview)
Section 38 – Desertion and aiding desertion (preview)
Section 39 – Absence without leave (preview)
Section 40 – Striking or threatening superior officer (preview)
Section 41 – Disobedience to superior officer (preview)
Section 42 – Insubordination and obstruction (preview)
Section 43 – Fraudulent enrolment (preview)
Section 44 – False answers on enrolment (preview)
Section 45 – Unbecoming conduct (preview)
Section 46 – Certain forms of disgraceful conduct (preview)
Section 47 – III-treating a subordinate (preview)
Section 48 – Intoxication (preview)
Section 49 – Permitting escape of person in custody (preview)
Section 50 – Irregularity in connection with arrest or confinement (preview)
Section 51 – Escape from custody (preview)
Section 52 – Offences to respect of property (preview)
Section 53 – Extortion and corruption (preview)
Section 54 – Making away with equipment (preview)
Section 55 – Injury to property (preview)
Section 57 – Falsifying official documents and false declaration (preview)
Section 58 – Signing in blank and failure to report (preview)
Section 59 – Offences relating to courts-martial (preview)
Section 60 – False evidence (preview)
Section 61 – Unlawful detention of pay (preview)
Section 62 – Offences in relation to aircraft and flying (preview)
Section 63 – Other offences relating to aircraft and flying (preview)
Section 64 – Disobedience of lawful command of captain of aircraft (preview)
Section 65 – Violation of good order and air force discipline (preview)
Section 66 – Miscellaneous offences (preview)
Section 67 – Attempt (preview)
Section 68 – Abetment of offences that have been committed (preview)
Section 69 – Abetment of offences punishable with death and not committed (preview)
Section 70 – Abetment of offences punishable with imprisonment and not committed (preview)
Section 71 – Civil offences (preview)
Section 72 – Civil offences not triable by court-martial (preview)

Chapter VII — Punishments

Section 73 – Punishments awardable by courts-martial (preview)
Section 74 – Alternative punishments awardable by court-martial (preview)
Section 75 – Combination of punishments (preview)
Section 76 – Cashiering of officers (preview)
Section 77 – Field punishment (preview)
Section 78 – Position of field punishment in scale of punishments (preview)
Section 79 – Result of certain punishments in the case of a warrant officer or a non-commissioned officer (preview)
Section 80 – Retention in the ranks of a person convicted on active service (preview)
Section 81 – Punishments otherwise than by court-martial (preview)
Section 82 – Punishment of persons other than officers and warrant officers (preview)
Section 83 – Requirement of sanction in certain cases (preview)
Section 84 – Limit of punishments under section 82 (preview)
Section 85 – Punishments in addition to those specified in section 82 (preview)
Section 86 – Punishment of officers and warrant officers (preview)
Section 87 – Transmission of proceedings (preview)
Section 88 – Review of proceedings (preview)
Section 89 – Superior air force authority (preview)
Section 90 – Collective fines (preview)

Chapter VIII — Penal Deductions

Section 91 – Deductions from pay and allowances of officers (preview)
Section 92 – Deductions from pay and allowances of airmen (preview)
Section 93 – Computation of time of absence of custody (preview)
Section 94 – Pay and allowances daring trial (preview)
Section 95 – Limit of certain deductions (preview)
Section 96 – Deduction from public money due to a person (preview)
Section 97 – Pay and allowances of prisoner of war during inquiry into his conduct (preview)
Section 98 – Remission of deductions (preview)
Section 99 – Provision for dependants of prisoner of war from remitted deductions (preview)
Section 100 – Provision for dependants of prisoner of war from his pay and allowances (preview)
Section 101 – Period during which a person is deemed to be a prisoner of war (preview)
Section 102 – Custody of offenders (preview)
Section 103 – Duty of commanding officer in regard to detention (preview)
Section 104 – Interval between committal and court-martial (preview)
Section 105 – Arrest by civil authorities (preview)
Section 106 – Capture of deserters (preview)
Section 107 – Inquiry into absence without leave (preview)
Section 108 – Provost-marshals (preview)

Chapter X — Courts-Martial

Section 110 – Power to convene a general court-martial (preview)
Section 111 – Power to convene a district court-martial (preview)
Section 112 – Contents of warrants issued under sections 110 and 111 (preview)
Section 113 – Power to convene a summary general court-martial (preview)
Section 114 – Composition of general court-martial (preview)
Section 115 – Composition of district court-martial (preview)
Section 116 – Composition of summary general court-martial (preview)
Section 117 – Dissolution of court-martial (preview)
Section 118 – Powers of general and summary general courts-martial (preview)
Section 119 – Powers of district Court-martial (preview)
Section 120 – Prohibition of second trial (preview)
Section 121 – Period of limitation for trial (preview)
Section 122 – Liability of offender who ceases to be subject to Act (preview)
Section 123 – Place of trial (preview)
Section 124 – Choice between criminal court and court-martial (preview)
Section 125 – Power of criminal court to require delivery of offender (preview)
Section 126 – Successive trials by a criminal, court and a court-martial (preview)

Chapter XI — Procedure Of Courts-Matrial

Section 127 – Presiding Officer (preview)
Section 128 – Judge Advocate (preview)
Section 129 – Challenges (preview)
Section 130 – Oaths of member, Judge advocate and witness (preview)
Section 131 – Voting by members (preview)
Section 132 – General rule as to evidence (preview)
Section 133 – Judicial notice (preview)
Section 134 – Summoning witnesses (preview)
Section 135 – Documents exempted from production (preview)
Section 137 – Examination of a witness on commission (preview)
Section 138 – Conviction of offence not charged (preview)
Section 139 – Presumption as to signatures (preview)
Section 140 – Enrolment paper (preview)
Section 141 – Presumption as to certain documents (preview)
Section 142 – Reference by accused to Government officer (preview)
Section 143 – Evidence of previous convictions and general character (preview)
Section 144 – Lunacy of accused (preview)
Section 145 – Subsequent fitness of lunatic accused for trial (preview)
Section 146 – Transmission to Central Government of orders under section 145 (preview)
Section 147 – Release of lunatic accused (preview)
Section 148 – Delivery of lunatic accused to relatives (preview)
Section 149 – Order for custody and disposal of property pending trial (preview)
Section 150 – Order for disposal of property regarding which offence is committed (preview)
Section 151 – Powers of courts-martial when certain offences are committed by persons not subject to this Act (preview)

Chapter XII — Confirmation And Revision

Chapter XIII — Execution Of Sentences

Section 163 – Form of sentence of death (preview)
Section 164 – Commencement of sentence of transportation or imprisonment (preview)
Section 165 – Execution of sentence of transportation (preview)
Section 166 – Execution of sentence of imprisonment (preview)
Section 167 – Temporary custody of offender (preview)
Section 168 – Execution of sentence of imprisonment in special cases (preview)
Section 169 – Conveyance of prisoner from place to place (preview)
Section 170 – Execution of sentence of detention (preview)
Section 171 – Communication of certain orders to prison officers (preview)
Section 172 – Execution of sentence of fine (preview)
Section 173 – Establishment and regulation of air force prisons (preview)
Section 174 – Informality or error in the order or warrants (preview)
Section 175 – Power to make rules in respect of prisons and prisoners (preview)
Section 176 – Restriction of rule-making power in respect to corporal punishment (preview)

Chapter XIV — Pardons Remissions And Suspensions

Section 177 – Pardon and remission (preview)
Section 178 – Cancellation of conditional pardon, release on parole or remission (preview)
Section 179 – Reduction of warrant officer or non-commissioned officer (preview)
Section 180 – Suspension of sentence of transportation, imprisonment or detention (preview)
Section 181 – Orders pending suspension (preview)
Section 182 – Release on suspension (preview)
Section 183 – Computation of period of suspension (preview)
Section 184 – Order after suspension (preview)
Section 185 – Reconsideration of case after suspension (preview)
Section 186 – Fresh sentence after suspension (preview)
Section 187 – Scope of power of suspension (preview)
Section 188 – Effect of suspension and remission on dismissal (preview)

Chapter XV — Rules

Section 189 – Power to make rules (preview)
Section 190 – Power to make regulations (preview)
Section 191 – Publication of rules and regulations in Gazette (preview)
Section 191A – Laying of rules and regulations before Parliament (preview)
Section 192 – Repealed (preview)

Chapter XVI — Transitory Provisions

Section 193 – Definition of British officer (preview)
Section 194 – Powers of British officer (preview)