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| Home > Indian Bare Acts > THE AIR FORCE ACT, 1950 > CHAPTER II SPECIAL PROVISIONS FOR THE APPLICATION OF ACT IN CERTAIN CASES |
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| THE AIR FORCE ACT, 1950 |
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Title : THE AIR FORCE ACT, 1950
Year : 1950
Act :
CHAPTER II
SPECIAL PROVISIONS FOR THE APPLICATION OF ACT IN CERTAIN CASES
5.Application of Act to certain forces under the Central Government.
5. Application of Act to certain forces under the Central
Government. (1) The Central Government may, by notification, apply, with or without modifications, all or any of the provisions of this
Act to any force raised and maintained in India and suspend the operation
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1 Subs. by Act 62 of 1952, s. 35, for "the Indian Air Force
Volunteer Reserve".
2 Subs. by Act 13 of 1975, s. 2, for "all words" (w.e.f.25-1-
1975).
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151.
of any other enactment for the time being applicable to the said force.
(2) The provisions of this Act so applied shall have effect in respect of persons belonging to the said force as they have effect in respect of persons subject to this Act holding in the Air Force the same or equivalent rank as the aforesaid persons hold for the time being in the said force.
(3) The provisions of this Act so applied shall also have effect in respect of persons who are employed by, or are in the service of, or are followers of, or accompany any portion of the said force as they have effect in respect of persons subject to this Act under clause (d) of section 2.(4) While any of the provisions of this Act apply to the said force, the Central Government may, by notification, direct by what authority any jurisdiction, powers or duties incident to the operation of these provisions shall be exercised or performed in respect of the said force.
6.Special provisions as to rank in certain cases.
6. Special provisions 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 clause (d) of section 2, shall be so subject as officers, warrant officers or non-commissioned officers, and may authorise any officer to give a like direction 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 notification or direction under sub-section (1) is in force, be deemed to be of rank inferior to that of a non-commis-
sioned officer.
7.Commanding officer of persons subject to air force law under clause(d) of section 2.7. Commanding officer of persons subject to air force law under clause (d) of section 2. (1) Every person subject to this Act, under clause (d) of section 2, shall, for the purposes of this Act, be deemed to be under the commanding officer of the unit, or detachment, if any, to which he is attached, and if he is not so attached 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.
(2) An officer commanding a force shall not place a person subject to this Act under clause (d) of section 2 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.
152.8.Officers exercising powers in certain cases.
8. Officers exercising powers in certain cases. (1) Whenever persons subject to this Act are serving under an officer commanding any air force formation not in this section specifically named, and being, in the opinion of the Central Government, not less than a squadron, the said Government may prescribe the officer by whom the powers which, under this Act, may be exercised by air officers in charge of commands, and officers commanding groups, wings and squadrons shall, as regards such persons, be exercised.
(2) The Central Government may confer such powers either absolutely, or subject to such restrictions, reservations, exceptions and conditions as it may think fit.
9.Power to declare persons to be on active service.
9. Power to declare persons to be on active service.
Notwithstanding anything contained in clause (i) of section 4, the
Central Government may, by notification, declare that any person or class of persons subject to this Act shall, with reference to any area in which they may be serving or with reference to any provision of this Act or of any other law for the time being in force, be deemed to be on active service within the meaning of this Act.
Last updated on February, 2008
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