Army Act, 1950

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Section 1

Section -1

short title and commencement

(1) This Act may be called the Army Act, 1950. (2) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint in this behalf.

[1]

Section 2

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 Army; (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 section 9 of the Territorial Army Act, 1948 (56 of 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; 1 * * * * * (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 2[(g)] of sub-section (1) shall remain so subject until duly retired, discharged, released, removed, dismissed or cashiered from the service.

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Section 3

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 the Prisons Act, 1894 (9 of 1894), or under any other law for the time being in force; 1[(iv) "Chief of the Army Staff," means the officer commanding the regular Army;] (v) "commanding officer", when used in any provision 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 regulations of the regular Army,or in the absence of any such regulations, by the custom 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 2*** ; (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 a junior commission in the Indian Supplementary Reserve Forces, or the Territorial Army, 3* * * 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 noncommissioned officer or acting non-commissioned officer of the Indian Supplementary Reserve Forces or the Territorial Army 4* * *, 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 are 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; 5* * * * * (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 Force; but does not include a junior commissioned officer, warrant officer, petty officer or noncommissioned officer; (xix) "prescribed" means prescribed by rules made under this Act; (xx) "provost-marshal" means a person appointed as such under section 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, noncommissioned officers and other enrolled persons who, by their commission, warrant, terms of enrolment or otherwise, are liable to warrant, terms of enrolment or otherwise, are liable to Union in any part of the world, including persons belonging to the Reserve Forces and the Territorial Army when called out on permanent service; (xxii) "regulation" includes a regulation made under this Act; (xxiii) "superior officer", when used in 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 6* * * who is for the time being subject to this Act; (xxv) 7[all words (except the word "India")] and expressions used but not defined in this Act and defined in the Indian Penal Code (45 of 1860) shall be deemed to have the meanings assigned to them in that Code.

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Section 4

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, 1* * * and suspend the operation of any other enactment for the time being applicable to the 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 2[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 any jurisdiction, powers or duties incident to the operation of these provisions shall be exercised or performed in respect of the said force.

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Section 5

Section -5

omitted

[Application of Act to forces of Part B States.] Omitted by the Adaptation of Laws (No. 3) Order, 1956.

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Section 6

Section-6

Special provisions 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 1[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 authorise 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 a rank inferior to that of a non-commissioned officer.

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Section 7

Section-7

Commanding officer of persons subject to military law under clause (i) of section 2

(1) Every person subject to this Act under 1[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 of 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 1[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.

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Section 8

Section-8

Officers exercising power in certain cases

(1) Whenever persons subject to this Act are serving under an officer commanding any military organisation, 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.


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Section 9

Section-9

Power to declare persons to be on active service

Notwithstanding anything contained in clause (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.

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Section 10

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

[10]

Section 11

Section-11

Ineligibility of aliens for enrollment

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.

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Section 12

Section-12

Ineligibility of females for enrollment 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.

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Section 13

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.

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Section 14

Section-14

mode of enrollment

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 be deemed to be enrolled.

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Section 15

Section-15

Validity of enrollment

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.

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