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THE ARMY ACT, 1950

Title : THE ARMY ACT, 1950

Year : 1950



CHAPTER IV

CONDITIONS OF SERVICE


18.Tenure of service under the Act.


18.Tenure of service under the Act. Every person subject to this
Act shall hold office during the pleasure of the President.



221.19.Termination of service by Central Government.


19.Termination of service by Central Government. Subject to the provisions of this Act and the rules and regulations made thereunder the Central Government may dismiss, or remove from the service, any person subject to this Act.



20.Dismissal, removal or reduction by the Chief of the Army Staff and byother officers.


20.Dismissal, removal or reduction by the Chief of the Army Staff and by other officers. (1) 1[The Chief of the Army Staff ] may dismiss or remove from the service any person subject to this Act other than an officer.

(2) 1[The Chief of the Army Staff] may reduce to a lower grade or rank or the ranks, any warrant officer or any non-commissioned officer.

(3) An officer having power not less than a brigade or equivalent commander or any prescribed officer may dismiss or remove from the service any person serving under his command other than an officer or a junior commissioned officer.

(4) Any such officer as is mentioned in sub-section (3) may reduce to a lower grade or rank or the ranks, any warrant officer or any noncommissioned officer under his command.

(5) A warrant officer reduced to the ranks under this section shall not, however, be required to serve in the ranks as a sepoy.

(6) 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.

(7) The exercise of any power under this section shall be subject to the said provisions contained in this Act and the rules and regula-
tions made thereunder.



21.Power to modify certain fundamental rights in their application topersons subject to this Act.


21.Power to modify certain fundamental rights in their application to persons subject to this Act. Subject to the provisions of any law for the time being in force relating to the regular Army or to any branch thereof, the Central Government may, by notification, make rules restricting to such extent and in such manner as may be necessary the right of any person subject to this Act-



(a) to be a member of, or to be associated in any way with, any trade union or labour union, or any class of trade or labour unions or any society, institution or association, or any class of societies, institutions or associations


(b) to attend or address any meeting or to take part in any demonstration organised by any body of persons for any political or other purposes


(c) to communicate with the press or to publish or cause to be published any book, letter or other document.




22.Retirement, release or discharge.


22.Retirement, release or discharge. Any person subject to this
Act may be retired, released or discharged from the service by such authority and in such manner as may be prescribed.

----------------------------------------------------------------------
1 Subs. by Act 19 of 1955, s. 2 and Sch., for "The Commander-in-
Chief".
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222.23.Certificate on termination of service.


23.Certificate on termination of service. Every junior commissioned officer, warrant officer, or enrolled person who is dismissed, removed, discharged, retired or released from the service shall be furnished by his commanding officer with a certificate, in the language which is the mother tongue of such person and also in the
English language setting forth-



(a) the authority terminating his service

(b) the cause for such termination ; and

(c) the full period of his service in the regular Army.



24.Discharge or dismissal when out of India.


24.Discharge or dismissal when out of India. (1) Any person enrolled under this Act 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 enrolled under 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.

(3) Where any such person as is mentioned in sub-section (2) is sentenced to dismissal combined with any other punishment, such other punishment, or, in the case of a sentence of transportation or imprisonment, a portion of such sentence may be inflicted before he is sent to India.

(4) For the purposes of this section, the word " discharge "
shall include release, and the word " dismissal " shall include removal.
Last updated on May, 2015

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