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ARMY ACT, 1950
46 of 1950
"The need for a general revision of the three Acts, namely, Army Act, 1911, Navy Discipline Act, 1934 and Air Force Act, 1932, has been felt for some time past. Some of the provisions of the existing Acts were already becoming out of date and insufficient for modern requirements, but after the 15th August 147, the need for revision became imperative for obvious reasons. It was, therefore, decided to revise all the three Acts with a view to making them self-sufficient and complete codes in themselves. The object was to make them as closely similar in form and arrangement of matter as the special requirements of each service might demand. 2, Although the revision of the Army and the Air Force Acts has been completed, this has not been possible in the case of the Naval Act. The present Naval Discipline Act is modelled on the corresponding British Act which one mainly to the peculiar traditions of the British Navy, is materially different in many respects from the British Army Act and Air Force Acts. The revision of the Naval Discipline Act has, therefore, proved a more difficult problem. In the United Kingdom, a special committee has been appointed to examine the question of revision of the British Naval Act It was felt that it would be an advantage to await the report of that committee and benefit by its recommendations, The revision of the Naval Discipline Act has, therefore, been suspended for the present. It is expected that the Committee's report will be available within the next few months, after which the revision of the Naval Discipline Act will be taken up. It is, however, not considered necessary to delay the revision of the Army and Air Force Acts any longer and they are therefore being introduced during this session of the Legislature. 3. The main objects of the revision of the Army Act are (a) to make it self-sufficient by incorporating the relevant provisions from certain other related enactments; (b) to adapt the existing provisions to suit the new constitutional set up and present day requirements; and (c) on the one hand, to bridge the gap between the army and Civil Laws as far as possibel in the matter of punishments for offences and, on the other, to eliminate the disparity between the corresponding provisions of the law governing the Army and the Air Force. 4. The following are some of the more important objects sought to be achieved: (1) The Chapter on punishments required to be rationalised. Army Act, 1911, is on the one hand unduly severe in certain punishments and on the other, inadequate in its enumeration of offences. It also differs considerably from Air Force Act, 1932 in regard to the scale of punishments for anumber of offences. The maximum punishment as now prescribed in the draft Bills varies with each offence or group of offences as in the Indian Penal Code and other penal laws of the country is in keeping with the gravity of the offence or offences. An attempt has also been made in the Bill to grade punishments according to the gravity of the offences in different conditions, punishments being naturally more severe, for instance, in the case of offences committed wilfully or while on active service. (2) Provision has been made in the bill for the Indian States forces becoming subject to the Army Act. exclusion of aliens from service except with the consent of the Central Government; grant of commissions to officers; tenure of service at the pleasure of the Governor-General: and safeguards against improper arrest and detention of accused persons before trial. Provisions have been made for minimising chances of injustice at Court-martial and, at the same time., for enhancing the status and thereby the responsibility of these Courts. (3) While absolute uniformity is neither possible nor desirable, glaring inequalities have been removed where possible, from the Army and the Air Force Acts. The Bills have been made identical in form, arrangement and matter with necessary variations in terminology and with such special provisions as were found essential. (4) The provisions of subsidiary enactments like the Indian Army (Suspension of Sentences) Act, 1920, and Ordinances Nos. XXXVI of 1943 and XXXVII of 1945 relating to penal deductions of pay and allowances of prisoners of war have been incorporated in the Army bill. (5) Sections relating to the estates of deceased persons deserters and lunatics in the Army and Air Force Acts have been omitted. These will form the subject of a separate bill, common to both the Services." Gaz. Ind., 1949. Pt. V, page 602.An Act to consolidate and amend the law relating to the government of the regular Army. Be it enacted by Parliament as follows :
CHAPTER 1: PRELIMINARY:
SECTION 1: Short title and commencement:
(1) This Act may be called (The Army Act, 1950)
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint@1 in this behalf.
SECTION 2: Persons subject to this Act:
(1) The following persons shall be subject to this Act wherever they may be, namely : (a) officers, junior commissioned officers and warrant officers of the regular A rmy; (b) persons enrolled under this Act; (c) persons belonging to the Indian Reserve Forces; (d) persons belonging to the Indian Supplementary Reserve Forces when called out for service or when carrying out the annual test; (e) officers of the Territorial Army, when doing duty as such officers, and enrolled persons of the said Army when called out or embodied or attached to any regular forces, subject to such adaptations and modifications as may be made in the application of this Act to such persons under sub-section (1) of (S.9 of the Territorial Army Act, 1948) ; (f) persons holding commissions in the Army in India Reserve of Officers, when ordered on any duty or service for which they are liable as members of such reserve forces; (g) officers appointed to the Indian Regular Reserve of Officers, when ordered on any duty or service for which they are liable as members of such reserve forces; [(h) ***] (i) persons not otherwise subject to military law who on active service, in camp, on the march or at any frontier post specified by the Central Government by notification in this behalf, are employed by, or are in the service of, or are followers of, or accompany any portion of, the regular Army.
(2) Every person subject to this Act under clauses (a) to [(g)] of sub-section (1) shall remain so subject until duly retired, discharged, released, removed, dismissed or cashiered from the service.
SECTION 3: Definitions:
In this Act, unless the context otherwise requires, (i) "active service", as applied to a person subject to this Act, means the time during which such person (a) is attached to, or forms part of, a force which is engaged in operations against an enemy, or (b) is engaged in military operations in, or is on the line of march to, a country or place wholly or partly occupied by an enemy, or (c) is attached to or forms part of a force which is in military occupation of a foreign country;
(ii) "civil offence" means an offence which is triable by a criminal Court;
(iii) "civil prison" means any jail or place used for the detention of any criminal prisoner under (Prisons Acts, 1894,) or under any other law for the time being in force;
[(iv) "Chief of the Army Staff" means the officer commanding the regular Army;]
(v) "commanding officer", when used in any revision of this Act, with reference to any separate portion of the regular Army or to any department thereof, means the officer whose duty it is under the regulation of the regular Army, or in the absence of any such regulations, by the customs of the service, to discharge with respect to that portion of the regular Army or that department, as the case may be, the functions of a commanding officer in regard to matters of the description referred to in that provision;
(vi) "corps" means any separate body of persons subject to this Act, which is prescribed as a corps for the purposes of all or any of the provisions of this Act;
(vii) "court-martial" means a court-martial held under this Act;
(viii) "criminal court" means a Court of ordinary criminal justice in any part of India [ * *];
(ix) "department" includes any division or branch of a department;
(x) "enemy" includes all armed mutineers, armed rebels, armed rioters pirates and any person in arms against whom it is the duty of any person subject to military law to act;
(xi) "the Forces" means the regular Army, Navy and Air Force or any part of any one or more of them:
(xii) "junior commissioned officer" means a person commissioned, gazetted or in pay as a junior commissioned officer in the regular Army or the Indian Reserve Forces, and includes a person holding ajunior commission in the Indian Supplementary Reserve Forces or the Territorial Army [* * *], who is for the time being subject to this Act;
(xiii) "military custody" means the arrest or confinement of a person according to the usages of the service and includes naval or air force custody;
(xiv) "military reward" includes any gratuity or annuity for long service or good conduct, good service pay or pension, and any other military pecuniary reward;
(xv) "non-commissioned officer" means a person holding a non-commissioned rank or an acting non-commissioned rank in the regular Army or the Indian Reserve Forces and includes a non-commissioned officer or acting non-commissioned officer of the Indian Supplementary Reserve Forces or the Territorial Army [* *], who is for the time being subject to this Act;
(xvi) "notification" means a notification published in the Official Gazette;
(xvii) "offence" means any act or omission punishable under this Act and includes a civil offence as hereinbefore defined;
(xviii) "officer" means a person commissioned, gazetted or in pay as an officer in the regular Army, and includes (a) an officer of the Indian Reserve Forces; (b) an officer holding a commission in the Territorial Army granted by the President with designation of rank corresponding to that of an officer of the regular Army who is for the time being subject to this Act; (c) an officer of the Army in India Reserve of Officers who is for the time being subject to this Act; (d) an officer of the Indian Regular Reserve of Officers who is for the time being subject to this Act; [(e) * * *] (f) in relation to a person subject to this Act when serving under such conditions as may be prescribed, an officer of the Navy or Air Forces; but does not include a junior commissioned officer, warrant officer, petty officer or non-commissioned officer;
(xix) "prescribed" means prescribed by rules made under this Act;
(xx) "provost-marshal" means a person appointed as such under S. 107 and includes any of his deputies or assistants or any other person legally exercising authority under him or on his behalf;
(xxi) "regular Army" means officers, junior commissioned officers, warrant officers, non- commissioned officers and other enrolled persons who, by their commission, warrant, terms of enrolment or otherwise, are liable to render continuously for a term military service to the Union in any part of the world, including persons belonging to the Reserve Forces and the Territorial Army when called out on permanent serv ice;
(xxii) "regulation" includes a regulation made under this Act;
(xxiii) "superior officer", when used HI relation to a person subject to this Act includes a junior commissioned officer, warrant officer and a non-commissioned officer, and, as regards persons placed under his orders, an officer, warrant officer, petty officer and non-commissioned officer of the Navy or Air Force.
(xxiv) "warrant officer" means a person appointed, gazetted or in pay as a warrant officer of the regular Army or of the Indian Reserve Forces, and includes a warrant officer of the Indian Supplementary' Reserve Forces or of the Territorial Army [* *] who is for the time being subject to this Act;
(xxv) [all words (except the word "India")] and expressions used but not defined in this Act and defined in the Indian Penal Code shall be deemed to have the meanings assigned to them in that Code.
CHAPTER 2: SPECIAL PROVISIONS FOR THE APPLICATION OF ACT IN CERTAIN CASES:
SECTION 4: Application of Act to certain forces under 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 under the authority of that Government, [* *] and suspend the operation of any other enactment for the time being applicable to 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 regular Army 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 (i) of sub-section (1) 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 and jurisdiction, powers or duties incident to the operation of these provisions shall be exercised or performed in respect of the said force.
SECTION 5: Application of Act to Forces of Part B States:
(Omitted by the Adaptation of Laws (No. 3) Order', 1956 (1-11-1956)).
SECTION 6: Special provision 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 (i) of sub-section (1) of (section 2)] shall be so subject as officers, junior commissioned officers, warrant officers or non-commissioned officers and may authorize any officer to give a like direction and to cancel such direction.
(2) All persons subject to this Act other than officers, junior commissioned officers, warrant officers and non-commissioned officers shall, if they are not persons in respect of whom a notification or direction under sub-section (1) is in force, be deemed to be of rank inferior to that of a non-commissioned officer.
SECTION 7: Commanding officer of persons subject to military law under Cl.(i) of section 2:
(1) Every person subject to this Act under [clause (i) of sub-section (1 ) of (section 2)] shall for the purposes of this Act, be deemed to be under the commanding officer of the corps, department 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 for the time being is serving, or 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 (i) of sub-section ( 1 ) of (section 2)] under the command of an officer of rank inferior to that of such person, if there is present at the place where such person is any officer of a higher-rank under whose command he can be placed.
SECTION 8: Officers exercising powers in certain cases:
(1) Whenever persons subject to this Act are serving under an officer commanding any military organization, not in this section specifically named and being in the opinion of the Central Government not less than a brigade, that Government may prescribe the officer by whom the powers, which under this Act may be exercised by officers commanding armies, army corps, divisions and brigades, 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.
SECTION 9: Power to declare person to be on active service:
Notwithstanding anything contained in Cl. (i) of (section 3), 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.
CHAPTER 3: COMMISSION, APPOINTMENT AND ENROLMENT:
SECTION 10: Commission and appointment:
The President may grant, to such person as he thinks fit, a commission as an officer, or as a junior commissioned officer or appoint any person as a warrant officer of the Regular Army.
SECTION 11: Ineligibility of aliens for enrolment:
No person who is not a citizen of India shall, except with the consent of the Central Government signified in writing, be enrolled in the regular Army: Provided that nothing contained in this section shall bar the enrolment of the subjects of Nepal in the regular Army.
SECTION 12: Ineligibility of females for enrolment or employment:
No female shall be eligible for enrolment or employment in the regular Army. except in such corps, department, branch or other body forming part of, or attached to any portion of, the regular Army as the Central Government may, by notification in the Official Gazette, specify in this behalf: Provided that nothing contained in this section shall affect the provisions of any law for the time being in force providing for the raising and maintenance of any service auxiliary to the regular Army or any branch thereof in which females are eligible for enrolment or employment.
SECTION 13: Procedure before enrolling officer:
Upon the appearance before the prescribed enrolling officer of any person desirous of being enrolled, the enrolling officer shall read and explain to him, or cause to be read and explained to him in his presence, the conditions of the service for which he is to be enrolled; and shall put to him the questions set forth in the prescribed form of enrolment, and shall after having cautioned him that if he makes a false answer to any such question he will be liable to punishment under this Act, record or cause to be recorded his answer to each such question.
SECTION 14: Mode of enrolment:
If, after complying with the provisions of (section 13), the enrolling officer is satisfied that the person desirous of being enrolled fully understands the questions put to him and consents to the conditions of service, and if such officer perceives no impediment, he shall sign and shall also cause such person to sign the enrolment paper, and such person shall thereupon b? deemed to be enrolled.
SECTION 15: Validity of enrolment:
Every person who has for the space of three months been in receipt of pay as a person enrolled under this Act and been borne on the rolls of any corps or department shall be deemed to have been duly enrolled, and shall not be entitled to claim his discharge on the ground of any irregularity or illegality in his enrolment or on any other ground whatsoever; and if any person, in receipt of such pay and borne on the rolls as aforesaid, claims his discharge before the expiry of three months from his enrolment, no such irregularity or illegality or other ground shall, until he is discharged-in pursuance of his claim, affect his position as an enrolled person under this Act or invalidate any proceeding, act or thing taken or done prior to his discharge.
SECTION 16: Persons to be attested:
The following persons shall be attested, namely: (a) all persons enrlled as combatants;
(b) all persons selected to hold a non-commissioned or acting non-commissioned rank; and
(c) all other persons subject to this Act as may be prescribed by the Central Government.
SECTION 17: Mode of attestation:
(1) When a person who is to be attested is reported fit for duty, or has completed the prescribed period of probation, an oath or affirmation shall be administered to him in the prescribed form by his commanding officer in front of his corps or such portion thereof or such members of his department as may be present, or by any other prescribed person.
(2) The form of oath or affirmation prescribed under this section shall contain a promise that the person to be attested will bear true allegiance to the Constitution of India as by law established and that he will serve in the regular Army and go wherever he is ordered by land, sea or air, and that he will obey all commands of any officer set over him, even to the peril of his life.
(3) The fact of an enrolled person having taken the oath or affirmation directed by this section to betaken shall be entered on his enrolment paper, and authenticated by the signature of the officer administering the oath or affirmation.
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