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| Home > Indian Bare Acts > THE AIR FORCE ACT, 1950 > CHAPTER V SERVICE PRIVILEGES |
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| THE AIR FORCE ACT, 1950 |
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Title : THE AIR FORCE ACT, 1950
Year : 1950
Act :
CHAPTER V
SERVICE PRIVILEGES
25.Authorised deductions only to be made from pay.
25. Authorised deductions only to be made from pay. The pay of every person subject to this Act due to him as such under any regulation, for the time being in force, shall be paid with. out any deduction other than the deductions authorised by or under this or any other Act.
26.Remedy of aggrieved airmen.
26. Remedy of aggrieved airmen. (1) Any airman who deems himself wronged by any superior or other officer may, if not attached to a unit or detachment, complain to the officer under whose command or orders he is serving; and may, if attached to a unit or detachment, complain to the officer commanding the same.
156.(2) When the officer complained against is the officer to whom any complaint should, under sub-section (1), be preferred, the aggrieved airman may complain to such officers next superior officer, and if he thinks himself wronged by such superior officer, he may complain to 1[the Chief of the Air Staff].
(3) Every officer receiving any such complaint shall make as complete an investigation into it as may be possible for giving full redress to the complainant; or, when necessary, refer the complaint to superior authority.
(4) Every such complaint shall be preferred in such manner as may from time to time be specified by the proper authority.
(5) The Central Government may revise any decision by 1[the
Chief of the Air Staff] under sub-section (2), but subject-thereto, the decision of 1[the Chief of the Air Staff] shall be final.
27.Remedy of aggrieved officers.
27. Remedy of aggrieved officers. Any officer who deems himself wronged by his commanding officer or any superior officer and who on due application made to his commanding officer does not receive the redress to which he considers himself entitled, may complain to the
Central Government in such manner as may from time to time be specified by the proper authority.
28.Immunity from attachment.
28. Immunity from attachment. The arms, clothes, equipment, accoutrements or necessaries of any person subject to this Act shall not be seized, and the pay and allowances of any such person or any part thereof shall not be attached, by direction of any civil or revenue court or any revenue officer, in satisfaction of any decree or order enforceable against him.
29.Immunity from arrest for debt.
29. Immunity from arrest for debt. (1) No person subject to this
Act shall, so long as he belongs to the Forces, 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 or the said officer 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 court-fee shall be payable by the complainant.
30.
Immunity of persons attending courts-martial from arrest.
30. Immunity of persons attending courts-martial from arrest.
(1) No presiding officer or member of a court-martial, no judge advocate, no party to any proceeding before a court-martial,
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1 Subs. by Act 19 of 1955, s.2 and Sch., for "the Commander-in-Chief".
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157.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, 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.
31.Privileges of reservists.
31. Privileges of reservists. Every person belonging to 1[any
Air Force Reserve or the Auxiliary Air Force] shall, when called out for, or engaged in, or returning from, training or service, be entitled to all the privileges accorded by sections 28 and 29 to a person subject to this Act.
32.Priority in respect of Air Force personnels litigation.
32. Priority in respect of Air Force personnels litigation. (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 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 its inability 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 having power not less than a group commander or equivalent commander whose decision shall be final.
33.Saving of rights and privileges under other laws.
33. Saving of rights and privileges under other laws. The rights and privileges specified in the preceding sections of this
Chapter shall be in addition to any others conferred on persons subject to this Act or on members of the regular Army, Navy and Air
Force generally by any other law for the time being in force.
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1 Subs. by s. 35, Act 62 of 1952, for "the Air Force Reserve".
Last updated on February, 2008
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