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RESERVE AND AUXILIARY AIR FORCES ACT, 1952
62 of 1952
22nd August, 1952
STATEMENT OF OBJECTS AND REASONS "It is necessary to constitute certain Reserves for the Air Force in order to enable quick expansion in an emergency The Reserves proposed will be constituted from outgoing Indian Air Force personnel, civilian pilots and technicians, and by raising an Auxiliary Force of volunteers from the public. 2. Regular Air Force Reserve.— The Regular Air Force Reserve will consist of Indian Air Force officers and airmen transferred after completion or termination of the period of their regular service to this Reserve subject to the existence of vacancies. The initial period of Reserve service will normally be 5 years for officers and 6 years for airmen subject also to their reaching such age limit as may be prescribed by the Government. Those extended Service Commissioned Officers whose term of employment expires prior to the formation of this Reserve will also be liable to serve in the Reserve. 3. Air Defence
Reserve.— The constitution of the Air Defence Reserve requires that a census should be taken of the civilian technical man-power available in the country which could be utilised if occasion arises. All persons within certain age limits possessing certain flying or other technical qualifications would be required to furnish certain particulars to the appropriate authority and submit themselves for medical examination. A register of persons who are fit for service would be maintained, and if and when occasion arises persons whose names are entered in the register will be called out for service. It is necessary to have legislation for this purpose on account of the shortage of trained personnel which obtains at present, and which is likely to persist for some time; and also to safeguard the interests of those who are called out from their jobs for training or required to serve in an emergency. Provision is made requiring civil employers to grant any enrolled person such leave as may be necessary and to have him reinstated into civil employment after the termination of the period during which he has been called out. 4. Auxiliary Air Force.— The Auxiliary Air Force allows the enrolment of civilian volunteers (including Government servants) to give them part-time Air Force training. This provides for the fighter defence of the locality, in which its self contained units and squadrons are raised. It may be looked at as the Territorial Army's air counterpart. Advisory Committees will be set up in big towns, where it is intended to locate the Auxiliary Air Force Squadrons to maintain close liaison with the civil side. These Committees will serve also as a link between the Auxiliary Air Force and the Indian Territorial Army and assist the Commanding Officers of the Units concerned to recruit civilian personnel. The period of service in the Auxiliary Air Force will normally be five years in the first instance. 5. The period of training will be prescribed in the rules made by the Central Government from time to time and care will be taken to see that the training is so arranged that minimum dislocation of normal civil duties is caused. 6. The composition of the Reserves, the ranks of the persons enrolled and other allied matters will be regulated by rules made by the Central Government and it is intended to build these Reserves gradually".—Gaz. oflnd., 1952, Pt. II, S.2, p.177.
An Act to provide for the constitution and regulation of certain Air Force Reserves and also an Auxiliary Air Force and for matters connected therewith. Be it enacted by Parliament as follows:—
CHAPTER 1 PRELIMINARY
SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT
(1) This Act may be called the Reserve and Auxiliary Air Forces Act, 1952.
(2) It extends to the whole of India.
(3) This Chapter shall come into force at once, and the remaining provisions shall come into force as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions. (a) It has been extended to the Union Territory of—(1) Dadra and Nagar Haveli by Regn. 6 of 1963 (1-7-1965); (2) Pondicherry by Rcgn. 7 of 1963 (1-10-1963); and (3) State of Sikkim — S. 0. 208 (E)/ 1975 — Gaz. of Ind., 16-5-1975. Pt. II, Section 3(ii), Ext., p. 1213. Enforced on 1 -5-1976. ' 15th August, 1955, was appointed as the date on which Chapters II and III of the Act and the provisions of Chapters V and VI thereof except in so far as they relate to the Auxiliary Air Force came into force, see S. R. O. 322, D/- 20 -8-1955 published in Gaz. of Ind., 1955, Pt. Sec. 4, p. 189; and 15th October, 1955 was appointed as the that on which Chapter IV of the Act and the provisions of Chapters V and VI thereof in so far as they relate to the Auxiliary Air Force came into force, see S.R.O., 395, D/- 15-10-1955, ibid, p. 259.
SECTION 02: DEFINITIONS
In this Act, unless the context otherwise requires,—
(a) "Air Force Reserve" means any of the Air Force Reserves raised and maintained under this Act.
(b) "competent authority" means an air officer or a committee consisting of two or more air officers appointed under section 3-;
(c) "prescribed" means prescribed by rules made under this Act;
(d) all other words and expressions used herein and defined in the Air Force Act, 1950 and nor hereinbefore defined shall have the meanings respectively assigned to them by that Act.
SECTION 03: APPOINTMENT OF COMPETENT AUTHORITY
The Central Government may, by notification in the Official Gazette, appoint an area officer or a committee consisting of two or more air officers to perform all or any of the functions of the competent authority under this Act for such area as may be specified in the notification.
a. Air Officer-in-charge Administration, Air H.Q., appointed to perform all the functions of the Competent Authority under the Act for the whole of India— S.R.O. 374, D/- 17-8-1970, Gaz.. of Ind., 29 -8-1970, Pt.II, S.4, p.558.
CHAPTER 2 REGULAR AIR FORCE RESERVE
SECTION 04: CONSTITUTION OF REGULAR AIR FORCE RESERVE
The Central Government may raise and maintain in the manner hereafter in this Chapter provided an Air Force Reserve to be designated the Regular Air Force Reserve which shall consist solely of persons transferred or appointed to it under Section 5-
SECTION 05: RECRUITMENT TO THE REGULAR AIR FORCE RESERVE
(1) The competent authority may, by general or special order, transfer to the Regular Air Force Reserve—
(a) any officer or airman of the Air Force who under the terms and conditions of his service is liable to serve in any Air Force Reserve if and when constituted;
(b) any officer or airman of the Air Force whose commission or engagement in the Air Force has been terminated before the commencement of this Act and who under the terms of his commission or engagement was liable to serve in any Air Force Reserve if and when constituted
(c) any officer or airman who has served in the Air Force and has retired therefrom; and any officer or airman so transferred shall be deemed to be a member of the said Reserve.
(2) The competent authority may, in such circumstances and subject to such conditions as may be prescribed, by special order, appoint to the Regular Air Force Reserve any member of the Air Defence Reserve or the Auxiliary Air Force raised and maintained under this Act, and where any such member is so appointed, he shall cease to be a member of the Air Defence Reserve or the Auxiliary Air Force, as the case may be, and shall as from the date of such appointment be deemed to be a member of the Regular Air Force Reserve.
(3) The competent authority may, for reasons which in its opinion are sufficient, cancel any order made under sub-section (1) or sub -section (2) and on the cancellation of such order the person in respect of whom the order had been made shall cease to be a member of the Regular Air Force Reserve.
SECTION 06: CLASSES OF PERSONS IN THE REGULAR AIR FORCE RESERVE
Members of the Regular Air Force Reserve shall be divided into the following classes, namely:—
(a) general duties officers, and
(b) ground duties officers, and
(c) airmen, and every officer shall be entitled on transfer or appointment to the Reserve to hold the same rank as that which he last held in the Air Force, or the Air Defence Reserve or the Auxiliary Air Force, as the case may be, before such transfer or appointment. Section 4 retired and was transferred to the Regular Air Force (1) Where a member of the Indian Air Force Reserve, he still retains his character as a public servant. AIR 1980 SC 522 (525): 1980 Cri LJ 393.
SECTION 07: PERIOD OF SERVICE
(1) Every member of the Regular Air Force Reserve shall be liable to serve in the Reserve—
(a) if he is transferred to the Reserve under sub-section (1) of section 5-, for the period of his Reserve liability; and
(b) if he is appointed to the Reserve under sub-section (2) of section 5-, for the remainder of the period for which he was liable to serve in the Air Defence Reserve or the Auxiliary Air Force, as the case may be : Provided that the competent authority may require any such member to serve in the Reserve for such further period or periods not exceeding in the aggregate five years as it may think fit.
Explanation I.— For the purposes of this sub-section, "period of Reserve liability' in relation to any member of the Regular Air Force Reserve means the period for which under the terms and conditions of his service in the Air Force he was liable to serve in any Air Force Reserve if and when constituted
Explanation II.— In computing the period of Reserve liability in relation to any member of the Regular Air Force Reserve whose commission or engagement in the Air Force was terminated before the commencement of this Act, the period which has elapsed between such termination and the date of such commencement shall be included.
(2) Notwithstanding anything contained in sub-section (1), no person shall be liable to serve in the Reserve after attaining the prescribed age.
SECTION 08: TERMINATION OF SERVICE IN THE RESERVE
Every member of the Regular Air Force Reserve shall, on completion of the period of his service therein, cease to be a member of the Reserve.
CHAPTER 3 AIR DEFENCE RESERVE
SECTION 09: CONSTITUTION OF AIR DEFENCE RESERVE
The Central Government may raise and maintain in the manner hereafter in this Chapter provided an Air Force Reserve to be designated the Air Defence Reserve which shall consist of persons deemed under the provisions of section 16-to be enrolled therein.
SECTION 10: CLASSES OF PERSONS IN THE AIR DEFENCE RESERVE
Members of the Air Defence Reserve shall be divided into the following classes, namely:—
(a) general duties officers;
(b) ground duties officers; and
(c) airmen.
SECTION 11: OBLIGATION TO REGISTER
(1) Every Citizen of India who—
(a) holds or has held a public transport pilot's licence ("B" Licence) issued under the Indian Aircraft Rules, 1937, or
(b) has had not less than two hundred hours' experience of solo flying, including not less than thirty landings, or
(c) holds or has held a first class navigator's licence issued under the Indian Aircraft Rules, 1937, or
(d) has had at least four years' aviation experience during which at least six hundred hours shall have been spent in the air, not less than one hundred hours of such experience being experience of navigation "in the air, or
(e) holds or has held a first class radio telegraph operator's licence issued under the Indian Aircraft Rules, 1937, or
(f) holds or has held a radio telephone operator's licence issued under the Indian Aircraft Rules, 1937, or
(g) holds or has held a licence as ground engineer in any of the categories A, B, C, D or X issued under the Indian Aircraft Rules, 1937, or
(h) is or was at any time employed in connection with any aerodrome or in connection with the control and movement of aircraft, in such capacity as may be prescribed, shall within the prescribed period correctly fill up, or cause to be filled up, to the best of his knowledge and belief the prescribed form, and sign and lodge it with the competent authority nearest to his usual place of residence or business : Provided that nothing contained in this sub-section shall apply —
(i) to any person belonging to any of the classes specified in clauses (a) to (f), it he has attained the age of thirty-seven years; or .
(ii) to any person belonging to any of the classes specified in clauses (g) and (h), if he has attained the age of fifty years.
(2) Without prejudice to the provisions contained in sub-section (1), the competent authority may if it is satisfied that the provisions of that subsection apply to any person, by order in writing, require that person to furnish within such time such particulars as may be specified in the order and such persons shall within the specified time furnish correctly to the best of his knowledge and belief the said particulars lars to the said authority in such form and manner as may be prescribed.
SECTION 12: LIABILITY TO BE CALLED UP FOR INQUIRY
Every person to whom the provisions of section 11-are applicable shall be liable to be called up for inquiry under section 13 -,—
(a) if he belongs to any of the classes specified in clauses (a) to (f) of sub-section (1) of section 11-until he has completed his thirty-seventh year, and
(b) if he belongs to any of the classes specified in clauses (g) and (h) of the said sub-section until he has completed his fiftieth year.
SECTION 13: CALLING UP FOR INQUIRY
The competent authority may cause to be served on any person for the time being liable to be called up for inquiry under section 12 a written notice stating that he is called up for inquiry regarding his fitness for service in the Air Defence Reserve and requiring him to present himself to such person and at such place and at such time as may be specified in the notice and to submit himself to inquiry by the said person.
SECTION 14: MEDICAL EXAMINATION
Every person called up for inquiry under section 13-shall, if and when required by the competent authority, present himself for examination before such medical officer as may be directed by that authority and, for the purposes of such examination, shall comply with the directions of the medical officer.
SECTION 15: REGISTRATION OF PERSONS CONSIDERED FIT FOR ENROLMENT
If, after such inquiry and medical examination as aforesaid, the competent authority considers a person fit for enrolment in the Air Defence Reserve, it shall inform him accordingly and enter his name and other prescribed particulars in a register maintained in such form and manner as may be prescribed.
SECTION 16: CALLING UP FOR SERVICE
The competent authority may cause to be served on any person whose name is entered in the register maintained in pursuance of S. 15 a written notice stating that he is called up for service in the Air Defence Reserve and requiring him to present himself at such place and time and to such authority as may be specified in the notice; and the person upon whom the notice is served shall be deemed to be enrolled in the Reserve as from the day so specified.
SECTION 17: PERIOD OF SERVICE
(1) Every person deemed to be enrolled in the Air Defence Reserve shall be liable for service—
(a) if he belongs to any of the classes specified in clauses (a) to (f) of sub-section (1) of section 11-until he has completed his forty-second year;
(b) if he belongs to any of the classes specified in clauses (g) and (h) of the said sub-section, until the has completed his fifty-fifth year.
(2) Every such person, on attaining the age specified in sub-section (I), shall cease to be a member of the Air Defence Reserve.
CHAPTER 4 AUXILIARY AIR FORCE
SECTION 18: CONSTITUTION OF AUXILIARY AIR FORCE
(1) The Central Government may raise and maintain in the manner hereafter in this Chapter provided an Air Force to be designated the Auxiliary Air Force
(2) The Central Government may constitute such number of squadrons and units of the Auxiliary Air Force as it thinks fit and may disband or reconstitute any squadron or unit. Section 18-character as a public servant. (1) A member of the Indian Air Force retired and was transferred to the Auxiliary Air Force retains his
SECTION 19: CLASSES OF PERSONS IN THE AUXILIARY AIR FORCE
Members of the Auxiliary Air force shall divided into the following classes, namely:—
(a) general duties officers;
(b) ground duties officers; and
(c) airmen.
SECTION 20: OFFICERS OF THE AUXILIARY AIR FORCE
The President may grant to such persons as he thinks fit a commission as an officer in the Auxiliary Air Force with the designation of rank corresponding to of any commissioned officer in the Air Force.
SECTION 21: PERSONS ELIGIBLE FOR ENROLMENT
Any citizen of India may offer himself for enrolment in the Auxiliary Air Force and may, if he satisfies the prescribed conditions, be so enrolled on such terms as be prescribed.
SECTION 22: PERIOD OF SERVICE
Every officer and every enrolled person shall, subject to any rules that may be made in this behalf under this Act, be required to serve in the Auxiliary Air Force for a period of five years from the date of his appointment or enrolment but may, after the completion of his period of service, volunteer to serve therein for further periods each of not more than five years' duration.
SECTION 23: TERMINATION OF SERVICE
The service of any officer or enrolled person in the Auxiliary Air Force may, at any time before the completion of his period of service, be terminated by such authority and under such conditions as may be prescribed.
SECTION 24: ADVISORY COMMITTEES
(1) The Central Government shall, as soon as may be after the commencement of this Act constitute—
(a) for the whole of India, a Central Advisory Committee;
(b) for each State, a State Advisor Committee; and
(c) for every unit of the Auxiliary Air Force, a Unit Advisory Committee.
(2) It shall be the duty of the Central Advisory Committee to advise the Central Government on matters connected with the Auxiliary Air Force generally, of the State Advisory Committee to advise the Central Government on matters conn
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