(1) The Central Government may, by notification in the Official Gazette, declare any specified service 1*[in a State] to be a service of vital importance to the community:
Provided that such notification shall remain in force for one month in the first instance, but may be extended, from time to time, by & like notification.
(2) Upon a declaration being made under sub-section (1) and until it is rescinded, it shall be the duty of every person subject to 2*[the Army Act, 1950, or the Air Force Act 1950], or 3*[the Navy Act, 1957] to obey any command given by any superior officer in relation to employment upon or in connection with the service specified in the declaration, and every such command shall be deemed to be a lawful command within the meaning and for the purposes of the said Acts.
1. Substituted for the words "in a Part A State or Part C State or, if so requested by the Government of a Part B State, any specified service in the State" by the Part B States (Laws) Act, 1951 (3 of 1951) w.e.f 01.04.1951.
2. Substituted for the words and figures "the Indian Army Act, 1911, or the Indian Air Force Act. 1932", by the Part B States (Laws) Act, 1951.
3. Substituted for the words "the Indian Navy (Discipline) Act, 1934" by the Repealing and Amending Act, 1960 (58 of 1960), w.e.f 26.12.1960.
Every command given, alter the 30th day of September, 1946, and before the commencement of this Act, to any person referred to in sub-section (2) of section 2 by any superior officer in relation to employment upon or in connection with any such service as the central Government may, by notification in the Official Gazette, specify in his behalf, shall be deemed to have been a lawful command within the meaning and for the purposes of the Acts referred to in that sub-section, so, however, that no such person shall be punished by reason only of his not having obeyed any such command.
This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Persons accessing this site are encouraged to seek independent counsel for advice in India abroad regarding their individual legal, civil criminal issues or consult one of the experts online.