act_title
stringlengths 13
178
| section
stringclasses 516
values | law
stringlengths 0
493k
|
|---|---|---|
Air (Prevention and Control of Pollution) Act, 1981 | 44 | Air (Prevention and Control of Pollution) Act, 1981
44. Members, Officers and Employees of Board to be Public Servants.
All
the members and all officers and other employees of a Board when acting or
purporting to act in pursuance of any of the provisions of this Act or the
rules made thereunder shall be deemed to be public servants within the meaning
of Section 21 of the Indian Penal Code (45 of 1860). |
Air (Prevention and Control of Pollution) Act, 1981 | 45 | Air (Prevention and Control of Pollution) Act, 1981
45. Reports and Returns.
The
Central Board shall, in relation to its functions under this Act, furnish to
the Central Government, and a State Board shall, in relation to its functions
under this Act, furnish to the State Government and to the Central Board such
reports, returns, statistics, accounts and other information as that Government,
or, as the case may be, the Central Board may, from time to time, require. |
Air (Prevention and Control of Pollution) Act, 1981 | 46 | Air (Prevention and Control of Pollution) Act, 1981
46. Bar of Jurisdiction.
No civil court shall have
jurisdiction to entertain any suit or proceeding in respect of any matter which
an Appellate Authority constituted under this Act is empowered by or under this
Act to determine, and no injunction shall be granted by any court to other
authority in respect of any action taken or to be taken in pursuance of any
power conferred by or under this Act. |
Air (Prevention and Control of Pollution) Act, 1981 | 47 | Air (Prevention and Control of Pollution) Act, 1981
47. Power of State Government to Supersede State Board.
(1)
If at any time the State Government is of opinion -
(a) that a State Board constituted under this Act has
persistently made default in the performance of the functions imposed on it by
or under this Act, or
(b) that circumstances exist which render it necessary in
the public interest so to do, the State Government may, by notification in the
Official Gazette, supersede the State Board for such period, not exceeding six
months, as may be specified in the notification :
Provided that
before issuing a notification under this sub-section for the reasons mentioned
in clause (a), the State Government shall give a reasonable opportunity to the
State Board to show cause why it should not be superseded and shall consider the
explanations and objections, if any, of the State Board.
(2)
Upon the publication of a notification under sub-section (1) superseding the
State Board, -
(a) all the members shall, as from the date of
supersession, vacate their offices as such;
(b) all the powers, functions and duties which may, by or
under this Act, be exercised, performed or discharged by the State Board shall,
unit the State Board is reconstituted under sub-section (3), be exercised,
performed or discharged by such persons as the State Government may direct;
(c) all property owned or controlled by the State Board shall, until the Board
is reconstituted under sub-section (3), vest in the State Government.
(3)
On the expiration of the period of supersession specified in the notification issued
under sub-section (1), the State Government may -
(a) extend the period of supersession for such further
term, not exceeding six months, as it may consider necessary; or
(b) reconstitute the State Board by a fresh nomination or
appointment, as the case may be, and in such case any person who vacated his
office under clause (a) of sub-section (2) shall also be eligible for
nomination or appointment :
Provided that the State Government may at any time before the
expiration of the period of supersession, whether originally specified under
sub-section (1) or as extended under this sub-section, take action under clause
(b) of this sub-section. |
Air (Prevention and Control of Pollution) Act, 1981 | 48 | Air (Prevention and Control of Pollution) Act, 1981
48. Special Provision in the Case of Supersession of The Central Board or the State Boards Constituted Under The Water (Prevention And Control of Pollution) Act, 1974.
Where
the Central Board or any State Board constituted under the Water (Prevention
and Control of Pollution) Act, 1974, is superseded by the Central Government or
the State Government, as the case may be, under that Act, all the powers,
functions and duties of the Central Board or such State Board under this Act
shall be exercised, performed or discharged during the period of such
supersession by the person or persons, exercising, performing or discharging
the powers, functions and duties of the Central Board or such State Board under
the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), during
such period. |
Air (Prevention and Control of Pollution) Act, 1981 | 49 | Air (Prevention and Control of Pollution) Act, 1981
49. Dissolution of State Boards Constituted Under the Act.
(1)
As and when the Water (Prevention and Control of Pollution) Act, 1974 (6 of
1974), comes into force in any State and the State Government constitutes a [
29 State Pollution Control Board 29 ] under that Act, the State Board
constituted by the State Government under this Act shall stand dissolved and
the Board first-mentioned shall exercise the powers and perform the functions
of the Board second-mentioned in that State.
(2)
On the dissolution of the State Board constituted under this Act, -
(a) all the members shall vacate their offices as such;
(b) all moneys and other property of whatever kind
(including the fund of the State Board) owned by, or vested in, the
State-Board, immediately before such dissolution, shall stand transferred to
and vest in the [ 30 State Pollution Control Board 30 ];
(c) every officer and other employee serving under the
State Board immediately before such dissolution shall be transferred to and
becomes an officer or other employee of the [ 30 State Pollution Control Board
30 ] and hold office by the same tenure and at the same remuneration and on the
same terms and conditions of service as he would have held the same if the
State Board constituted under this Act had not been dissolved and shall
continue to do so unless and until such tenure, remuneration and terms and
conditions of service are duly altered by the [ 31 State Pollution Control
Board 31 ] :
Provided that the tenure, remuneration and terms and conditions of
service of any such officer or other employee shall not be altered to his
disadvantage without the previous sanction of the State Government;
(d) all liabilities and obligations of the State Board of
whatever kind, immediately before such dissolution, shall be deemed to be the
liabilities or obligations, as the case may be, of the [ 32 State Pollution
Control Board 32 ] and any proceeding or cause of action, pending or existing
immediately before such dissolution by or against the State Board constituted
under this Act in relation to such liability or obligation may be continued and
enforced by or against the [ 32 State Pollution Control Board 32 ]. |
Air (Prevention and Control of Pollution) Act, 1981 | 5 | Air (Prevention and Control of Pollution) Act, 1981
5. Constitution of State Boards.
(1)
In any State in which the Water (Prevention and Control of Pollution) Act, 1974
(6 of 1974), is not in force, or that Act is in force but the State Government
has not constituted a [ 6 State Pollution Control Board 6 ] under that Act, the
State Government shall, with effect from such date as it may, by notification
in the Official Gazette, appoint, constitute a State Board for the Prevention
and Control of Air Pollution under such name as may be specified in the
notification, to exercise the powers conferred on, and perform the functions
assigned to, that Board under this Act.
(2)
A State Board constituted under this Act shall consist of the following
members, namely :-
1. a Chairman, being a person having special knowledge or
practical experience in respect of matters relating to environmental
protection, to be nominated by the State Government :
2. Provided that the Chairman may be either whole-time or
part-time as the State Government may think fit;(b) such number of officials,
not exceeding five, as the State Government may think fit, to be nominated by
the State Government to represent that Government;
3. such number of persons, not exceeding five, as the
State Government may think fit, to be nominated by the State Government from
amongst the members of the local authorities functioning within the State;
4. such number of non-official, not exceeding three, as
the State Government may think fit, to be nominated by the State Government to
represent the interests of agriculture, fishery or industry or trade or labor
or any other interest which, in the opinion of that Government, ought to be
represented;
Two
persons to represent the companies or corporations owned, controlled or managed
by the State Government, to be nominated by that Government;
[
7 (f) a full-time member-secretary having such qualifications, knowledge and
experience of scientific, engineering or management aspects of pollution
control as may be prescribed, to be appointed by the State Government : 7 ]
Provided
that the State Government shall ensure that not less than two of the members
are persons having special knowledge or practical experience in respect of
matters relating to the improvement of the quality of air or the prevention,
control or abatement of air pollution.
(3)
Every State Board constituted under this Act shall be a body corporate with the
name specified by the State Government in the notification issued under
sub-section (1), having perpetual succession and a common seal with power,
subject to the provisions of this Act, to acquire and dispose of property and
to contract, and may by the said name sue or be sued. |
Air (Prevention and Control of Pollution) Act, 1981 | 50 | Air (Prevention and Control of Pollution) Act, 1981
Section 50
[OMITTED BY THE ACT 47 OF 1987.] |
Air (Prevention and Control of Pollution) Act, 1981 | 51 | Air (Prevention and Control of Pollution) Act, 1981
51. Maintenance of Register.
(1)
Every State Board shall maintain a register containing particulars of the
persons to whom consent has been granted under Section 21, the standards for
emission laid down by it in relation to each such consent and such other
particulars as may be prescribed.
(2)
The register maintained under sub-section (1) shall be open to inspection at
all reasonable hours by any person interested in or affected by such standards
for emission or by any other person authorized by such person in this behalf. |
Air (Prevention and Control of Pollution) Act, 1981 | 52 | Air (Prevention and Control of Pollution) Act, 1981
52. Effect of Other Laws.
Save
as otherwise provided by or under the Atomic Energy Act, 1962 (33 of 1962), in
relation to radioactive air pollution the provisions of this Act shall have
effect notwithstanding anything inconsistent therewith contained in any
enactment other than this Act. |
Air (Prevention and Control of Pollution) Act, 1981 | 53 | Air (Prevention and Control of Pollution) Act, 1981
53. Power of Central Government to Make Rule.
(1)
The Central Government may, in consultation with the Central Board, by
notification in the Official Gazette, make rules in respect of the following
matters, namely:-
(a) the intervals and the time and place at which meetings
of the Central Board or any committee thereof shall be held and the procedure
to be followed at such meetings, including the quorum necessary for the
transaction of business thereat, under sub-section (1) of Section 10 and under
sub-section (2) of Section 11;
(b) the fees and allowances to be paid to the members of a
committee of the Central Board, not being members of the Board, under
sub-section (3) of Section 11;
(c) the matter in which and the purposes for which persons
may be associated with the Central Board under sub-section (1) of Section 12;
(d) the fees and allowances to be paid under sub-section
(3) of Section 12 to persons associated with the Central Board under
sub-section (1) of Section 12;
(e) the functions to be performed by the Central Board
under clause (j) of sub-section (2) of Section 16;
[ 34 (f) the form in which and the time within which the
budget of the Central Board may be prepared and forwarded to the Central
Government under Section 34;
(ff) the form in which the annual report of the Central
Board may be prepared under Section 35; 34 ]
(g) the form in which the accounts of the Central Board
may be maintained under sub-section (1) of Section 36.
(2)
Every rule made by the Central Government under this Act shall be laid, as soon
as may be after it is made, before each House of Parliament, while it is in
session, for a total period of thirty days which may be comprised in one
session or in two or more successive sessions, and if, before the expiry of the
session immediately following the session or the successive sessions aforesaid,
both Houses agree in making any modification in the rule or both House agree
that the rule should not be made, the rule shall thereafter have effect only in
such modified form or be of no effect, as the case may be; so, however, that
any such modification or annulment shall be without prejudice to the validity
of anything previously done under that rule. |
Air (Prevention and Control of Pollution) Act, 1981 | 54 | Air (Prevention and Control of Pollution) Act, 1981
54. Power of State Government to Make Rules.
(1)
Subject to the provisions of sub-section (3), the State Government may, by
notification in the Official Gazette, make rules to carry out the purposes of
this Act in respect of matters not falling within the purview of Section 53.
(2)
In particular, and without prejudice to the generality of the foregoing power,
such rules may provide for all or any of the following matter, namely :-
(a) the qualifications, knowledge and experience of
scientific, engineering or management aspects of pollution control required for
appointment as member-secretary of a State Board constituted under the Act; 35
[ 35 (aa) 35 ] the terms and conditions of service of the
Chairman and other members (other than the member-secretary) of the State Board
constituted under this Act under sub-section (7) of Section 7;
(b) the intervals and the time and place at which meetings
of the State Board or any committee thereof shall be held and the procedure to
be followed at such meetings, including the quorum necessary for the
transaction of business thereat, under sub-section (1) of Section 10 and under
sub-section (2) of Section 11;
(c) the fees and allowances to be paid to the members of a
committee of the State Board, not being members of the Board under sub-section
(3) of Section 11;
(d) the manner in which and the purposes for which persons
may be associated with the State Board under sub-section (1) of Section 12;
(e) the fees and allowances to be paid under sub-section
(3) of Section 12 to persons associated with the State Board under sub-section
(1) of Section 12;
(f) the terms and conditions of service of the
member-secretary of a State Board constituted under this Act under sub-section
(1) of Section 14;
(g) the powers and duties to be exercised and discharged
by the member-secretary of a State Board under sub-section (2) of Section 14;
(h) the conditions subject to which a State Board may
appoint such officers and other employees as it considers necessary for the
efficient performance of its functions under sub-section (3) of Section 14;
(i) the conditions subject to which a State Board may
appoint a consultant under sub-section (5) of Section 14;
(j) the functions to be performed by the State Board under
clause (i) of sub-section (1) of Section 17;
(k) the manner in which any area or areas may be declared
as air pollution control area or areas under sub-section (1) of Section 19;
(l) the form of application for the consent of the State
Board, the fees payable therefore, the period within which such application
shall be made and the particulars it may contain, under sub-section (2) of
Section 21;
(m) the procedure to be followed in respect of an inquiry
under sub-section (3) of Section 21;
(n) the authorities or agencies to whom information under
sub-section (1) of Section 28 shall be furnished;
(o) the manner in which samples of air or emission may be
taken under sub-section (1) of Section 26;
(p) the form of the notice referred to in sub-section (3)
of Section 26;
(q) the form of the report of the State Board analyst
under sub-section (1) of Section 27;
(r) the form of the report of the Government analyst under
sub-section (3) of Section 27;
(s) the functions of the State Air Laboratory, the
procedure for the submission to the said Laboratory of samples of air emission
for analysis or tests, the form of Laboratory's report thereon, the fees
payable in respect of such report and other matters as may be necessary or
expedient to enable
that Laboratory to carry out its functions, under sub-section (2) of Section
28;
(t) the qualifications required for Government analysts
under sub-section (1) of Section 29;
(u) the qualifications required for State Board analysts
under sub-section (2) of Section 29;
(v) the form and the manner in which appeals may be
preferred, the fees payable in respect of such appeals and the procedure to be
followed by the Appellate Authority in disposing of the appeals under
sub-section (3) of Section 31;
(w) the form in which and the time within which the budget
of the State Board may be prepared and forwarded to the State Government under
Section 34;
(ww) the form in which the annual report of the State
Board may be prepared under Section 35;
(x) the form in which the accounts of the State Board may
be maintained under sub-section (1) of Section 36;
(xx) the manner in which notice of intention to make a
complaint shall be given under Section 43
(y) the particulars which the register maintained under
Section 51 may contain;
(z) any other matter which has to be, or may be,
prescribed.
(3)
After the first constitution of the State Board, no rule with respect to any of
the matters referred to in sub-section (2) other than those referred to [ 36 in
clause
(aa)
thereof 36 ], shall be made, varied, amended or repealed without consulting
that Board. |
Air (Prevention and Control of Pollution) Act, 1981 | 6 | Air (Prevention and Control of Pollution) Act, 1981
6. Central Board to Exercise the Powers and Perform the Functions of a State Board in the Union Territories.
No
State Board shall be constituted for a Union territory and in relation to a
union territory, the Central Board shall exercise the powers and perform the
functions of a State Board under this Act for that Union Territory :
Provided that
in relation to any Union territory the Central Board may delegate all or any of
its powers and functions under this section to such person or body of persons
as the Central Government may specify. |
Air (Prevention and Control of Pollution) Act, 1981 | 7 | Air (Prevention and Control of Pollution) Act, 1981
7. Terms and Conditions of Service of Members.
(1)
Save as otherwise provided by or under this Act, a member of a State Board
constituted under this Act, other than the member-secretary, shall hold office
for a term of three years from the date on which his nomination is notified in
the Official Gazette :
Provided that
a member shall, notwithstanding the expiration of his term, continue to hold
office until his successor enters upon his office.
(2)
The term of office of a member of a State Board constituted under this Act and
nominated under clause (b) or clause (e) of sub-section (2) of Section 5 shall
come to an end as soon as he ceases to hold the office under the State
Government or, as the case may be, the company or corporation owned, controlled
or managed by the State Government, by virtue of which he was nominated.
(3)
A member of a State Board constituted under this Act, other than the
member-secretary, may at any time resign his office by writing under his hand
addressed, -
(a) in the case of the Chairman, to the State Government;
and
(b) in any other case, to the Chairman, of the State
Board, and the seat of the Chairman or such other member shall thereupon become
vacant.
(4)
A member of a State Board constituted under this Act, other than the
member-secretary, shall be deemed to have vacated his seat, if he is absent
without reason, sufficient in the opinion of the State Board, from three
consecutive meetings of the State Board or where he is nominated under clause
(c) of sub-section (2) of Section 5, he ceases to be a member of the local
authority and such vacation of seat shall, in either case, take effect from
such date as the State Government may, by notification in the Official Gazette,
specify.
(5)
A casual vacancy in a State Board constituted under this Act shall be filled by
a fresh nomination and the person nominated to fill the vacancy shall hold office
only for the remainder of the term for which the member whose place he takes
was nominated.
(6)
A member of a State Board constituted under this Act shall be eligible for
re-nomination [ 8 * * * 8 ]
(7)
The other terms and conditions of service of the Chairman and other members
(except the member-secretary) of a State Board constituted under this Act shall
be such as may be prescribed. |
Air (Prevention and Control of Pollution) Act, 1981 | 8 | Air (Prevention and Control of Pollution) Act, 1981
8. Disqualifications.
(1) No person shall be a member of a State Board constituted under this Act,
who -
(a)
is, or at any
time has been, adjudged insolvent; or
(b) is of unsound mind and has been so declared by a
competent court; or
(c) is, or has been, convicted of an offence which, in the
opinion of the State Government, involves moral turpitude; or
(d) is, or at any time has been, convicted of an offence
under this Act; or
(e) has directly or indirectly by himself or by any
partner, any share or interest in any firm or company carrying on the business
of manufacture, sale or hire of machinery, industrial plant, control equipment
or any other apparatus for the improvement of the quality of air or for the
prevention, control or abatement of air pollution; or
(f) is a director or a secretary, manager or other
salaried officer or employee of any company or firm having any contract with
the Board, or with the Government constituting the Board or with a local
authority in the State, or with a company or corporation owned, controlled or
managed by the Government, for the carrying out of programmes for the
improvement of the quality of air or for the prevention, control or abatement
of air pollution; or
(g) has so abused, in the opinion of the State Government,
his position as a member, as to render his continuance on the State Board
detrimental to the interests of the general public.
(2)
The State Government shall, by order in writing, remove any member who is, or
has become, subject to any disqualification mentioned in sub-section (1) :
Provided that
no order of removal shall be made by the State Government under this section
unless the member concerned has been given a reasonable opportunity of showing
cause against the same.
(3)
Notwithstanding anything contained in sub-section (1) or sub-section (6) of
Section 7, a member who has been removed under this section shall not be
eligible to continue to hold office until his successor enters upon his office,
or, as the case may be, for re-nomination as a member. |
Air (Prevention and Control of Pollution) Act, 1981 | 9 | Air (Prevention and Control of Pollution) Act, 1981
9. Vacation of Seats by Members.
If
a member of a State Board constituted under this Act becomes subject to any of
the disqualifications specified in Section 8, his seat shall become vacant. |
Air Corporations (Amendment) Act, 1962 | 1 | 1. Short title.-
This Act may be called the Air Corporations (Amendment) Act, 1962. |
Air Corporations (Amendment) Act, 1962 | 2 | 2. [Amendment of section 18.]
Rep. by the Repealing and Amending Act, 1974 (56 of 1974), s. 2 and the First Schedule (w.e.f. 20-12-1974). |
Air Corporations (Amendment) Act, 1962 | 3 | 3. [Amendment of section 30.]
Rep. by s. 2 and the First Schedule, ibid. (w.e.f. 20-12-1974). |
Air Corporations (Amendment) Act, 1962 | 4 | 4. [Amendment of section 36.]
Rep. by s. 2 and the First Schedule, ibid. (w.e.f. 20-12-1974). |
Air Corporations (Amendment) Act, 1962 | 5 | 5. [Amendment of section 44.]
Rep. by s. 2 and the First Schedule, ibid. (w.e.f. 20-12-1974). |
Air Corporations (Amendment) Act, 1962 | 6 | 6. [Amendment of section 45.]
Rep. by s. 2 and the First Schedule, ibid. (w.e.f. 20-12-1974). |
Air Corporations (Amendment) Act, 1962 | 7 | 7. Change of name of Act India International.-
(1) With effect from such date as the Central Government may, by notification in the Official Gazette, specify, the Corporation established under section 3 of the principal Act known as "Air India International" shall be renamed as "Air India".
(2) The change of name of "Air India International" by sub-section (1) shall not affect any rights and obligations of that Corporation or render defective any legal proceedings by or against it, and any legal proceedings which might have been continued or commenced by or against that Corporation by its former name may be continued or commenced by or against it, by its new name. |
Air Corporations (Amendment) Act, 1962 | 8 | 8. Dissolution of Air Transport Council.-
As from the commencement of this Act, the Air Transport Council constituted under section 30 of the principal Act and in existence at such commencement shall stand dissolved. |
Air Corporations (Transfer of Undertakings and Repeal) Act, 1994 | 1 | The Air Corporations (Transfer of Undertakings and Repeal) Act, 1994
1. Short title and commencement.-
(1) This Act may be called the Air Corporations (Transfer of Undertakings and Repeal) Act, 1994.
(2) It shall be deemed to have come into force on the 29th day of January,1994. |
Air Corporations (Transfer of Undertakings and Repeal) Act, 1994 | 10 | The Air Corporations (Transfer of Undertakings and Repeal) Act, 1994
10. Power to remove difficulties.-
(1) If any difficulty arises in giving effect to the provision of this Act, the Central Government may, by order published in the Official Gazette, not inconsistent with the provisions of this Act, remove the difficulty:
Provided that no such order shall be made after the expiry of a period of two years from the coming into force of this Act.
(2) Every order made under sub-section (1) shall be laid before each House of Parliament. |
Air Corporations (Transfer of Undertakings and Repeal) Act, 1994 | 11 | The Air Corporations (Transfer of Undertakings and Repeal) Act, 1994
11. Repeal of Act 27 of 1953 and cesser of corporations.-
(1) On the appointed day, the Air Corporations Act, 1953 shall stand repealed.
(2) The corporations shall, with the repeal of the Air Corporations Act, 1953, cease to exist. |
Air Corporations (Transfer of Undertakings and Repeal) Act, 1994 | 12 | The Air Corporations (Transfer of Undertakings and Repeal) Act, 1994
12. Repeal and saving.-
(1) The Air Corporations (Transfer of Undertakings and Repeal) Ordinance, 1994 (Ord. 4 of 1994) is hereby repealed.
(2) Notwithstanding such repeal of the Air Corporations (Transfer of Undertakings and Repeal) Ordinance, 1994 (Ord. 4 of 1994), anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act. |
Air Corporations (Transfer of Undertakings and Repeal) Act, 1994 | 2 | The Air Corporations (Transfer of Undertakings and Repeal) Act, 1994
2. Definitions.-
In this Act, unless the context otherwise requires,-
(a) "appointed day" means such date as the Central Government may, by notification in the Official Gazette, appoint under section 3;
(b) "company" means "Indian Airlines Limited" or "Air India Limited" formed and registered under the Companies Act, 1956 ( 1 of 1956);
(c) "corporations" means "Indian Airlines" and "Air India" established under section 3 of the Air Corporations Act, 1953 (27 of 1953), and "corporation" means either of the corporations. |
Air Corporations (Transfer of Undertakings and Repeal) Act, 1994 | 3 | The Air Corporations (Transfer of Undertakings and Repeal) Act, 1994
3. Undertakings of corporations to vest in companies.-
On such date as the Central Government may, by notification in the Official Gazette, appoint, there shall be transferred to, and vest in,-
(a) Indian Airlines Limited, the undertaking of Indian Airlines; and
(b) Air India Limited, the undertaking of Air India. |
Air Corporations (Transfer of Undertakings and Repeal) Act, 1994 | 4 | The Air Corporations (Transfer of Undertakings and Repeal) Act, 1994
4. General effect of vesting of undertakings in the companies.-
(1) The undertaking of a corporation which is transferred to, and which vests in, a company under section 3 shall be deemed to include all assets, rights, powers, authorities and privileges and all properties, movable and immovable, real or personal, corporeal or incorporeal, in possession or reservation, present or contingent, of whatever nature and wheresoever situate, including lands, works, workshops, aircrafts, cash balances, capital reserves, reserve funds, investments, tenancies, leases and book debts and all other rights and interests arising out of such property as were immediately before the appointed day in the ownership, possession or power of that corporation in relation to its undertaking, whether within or outside India, all books of account and documents relating thereto and shall also be deemed to include all borrowings, liabilities and obligations of whatever kind then subsisting of that corporation in relation to its undertaking.
(2) All contracts and working arrangements subsisting immediately before the appointed day and affecting a corporation shall, in so far as they relate to the undertaking of that corporation, cease to have effect or to be enforceable against that corporation and shall be of as full force and effect against or in favour of the company in which the undertaking has vested by virtue of this Act and enforceable as fully and effectually as if, instead of the corporation, the company had been named therein or had been a party thereto.
(3) Any proceeding or cause of action pending or existing immediately before the appointed day by or against a corporation in relation to its undertaking may, as from that day, be continued and enforced by or against the company in which it has vested by virtue of this Act, as it might have been enforced by or against that corporation if this Act had not been passed, and shall cease to be enforceable by or against that corporation. |
Air Corporations (Transfer of Undertakings and Repeal) Act, 1994 | 5 | The Air Corporations (Transfer of Undertakings and Repeal) Act, 1994
5. Licences, etc., to be deemed to have been granted to companies.-
With effect from the appointed day, all licences, permits, quotas and exemptions granted to a corporation in connection with the affairs and business of that corporation under any law for the time being in force, shall be deemed to have been granted to the company in which the undertaking of that corporation has vested. |
Air Corporations (Transfer of Undertakings and Repeal) Act, 1994 | 6 | The Air Corporations (Transfer of Undertakings and Repeal) Act, 1994
6. Tax exemption or benefit to continue to have effect.-
(1) Where any exemption from, or any assessment with respect to, any tax has been granted or made or any benefit by way of set off or carry forward, as the case may be, of any unabsorbed depreciation or investment allowance or other allowance or loss has been extended or is available to a corporation under the Income-tax Act, 1961 (43 of 1961), such exemption, assessment or benefit shall continue to have effect in relation to the company in which the undertaking of that corporation has vested.
(2) Where any payment made by a corporation is exempt from deduction of the tax at source under any provision of the Income-tax Act, 1961 (43 of 1961), the exemption from tax will continue to be available as if the provisions of the said Act made applicable to the corporation were operative in relation to the company in which the undertaking of that corporation has been vested.
(3) The transfer and vesting of the undertaking or any part thereof in terms of section 3 shall not be construed as a transfer within the meaning of the Income-tax Act, 1961 (43 of 1961) for the purposes of capital gains. |
Air Corporations (Transfer of Undertakings and Repeal) Act, 1994 | 7 | The Air Corporations (Transfer of Undertakings and Repeal) Act, 1994
7. Guarantee to be operative.-
Any guarantee given for or in favour of a corporation with respect to any loan or lease finance shall continue to be operative in relation to the company in which the undertaking of that corporation has vested by virtue of this Act. |
Air Corporations (Transfer of Undertakings and Repeal) Act, 1994 | 8 | The Air Corporations (Transfer of Undertakings and Repeal) Act, 1994
8. Provisions in respect of officers and other employees of corporations.-
(1) Every officer or other employee of a corporation (except a Director of the Board, Chairman, Managing Director or any other person entitled to manage the whole or a substantial part of the business and affairs of the corporation) serving in its employment immediately before the appointed day shall, in so far as such officer or other employee is employed in connection with the undertaking which has vested in a company by virtue of this Act, become, as from the appointed day, an officer or other employee, as the case may be, of the company in which the undertaking has vested and shall hold his office or service therein by the same tenure, at the same remuneration, upon the same terms and conditions, with the same obligations and with the same rights and privileges as to leave, passage, insurance, superannuation scheme, provident fund, other funds, retirement, pension, gratuity and other benefits as he would have held under that corporation if its undertaking had not vested in the company and shall continue to do so as an officer or other employee, as the case may be, of the company or until the expiry of a period of six months from the appointed day if such officer or other employee opts not to be the officer or other employee of the company, within such period.
(2) Where an officer or other employee of a corporation opts under sub-section (1) not to be in the employment or service of the company in which the undertaking of that corporation has vested, such officer or other employee shall be deemed to have resigned.
(3) Notwithstanding anything contained in the Industrial Disputes Act, 1947 (14 of 1947) or in any other law for the time being in force, the transfer of the services of any officer or other employee of a corporation to a company shall not entitle such officer or other employee to any compensation under this Act or under any other law for the time being in force and no such claim shall be entertained by any court, tribunal or other authority.
(4) The officers and other employees who have retired before the appointed day from the service of a corporation and are entitled to any benefits, rights or privileges shall be entitled to receive the same benefits, rights or privileges from the company in which the undertaking of that corporation has vested.
(5) The trusts of the Provident Fund or Pilots Group Insurance and Superannuation Scheme of the corporation and any other bodies created for the welfare of officers or employees would continue to discharge their functions in the company as was being done hitherto in the corporation. Tax exemption granted to Provident Fund or Pilots Group Insurance and Superannuation Scheme would continue to be applied to the company.
(6) Notwithstanding anything contained in this Act or in the Companies Act, 1956 (1of 1956) or in any other law for the time being in force or in the regulations of a corporation, no Director of the Board, Chairman, Managing Director or any other person entitled to manage the whole or a substantial part of the business and affairs of that corporation shall be entitled to any compensation against that corporation or against the company, as the case may be, for the loss of office or for the premature termination of any contract of management entered into by him with that corporation. |
Air Corporations (Transfer of Undertakings and Repeal) Act, 1994 | 9 | The Air Corporations (Transfer of Undertakings and Repeal) Act, 1994
9. Power of Central Government to give directions.-
The Central Government may give toa company directions as to the exercise and performance by that company of its functions, and that company shall be bound to give effect to any such directions. |
Air Force Act, 1950 | 1 | Chapter I
Preliminary
1. Short title and commencement.-
(1) This Act may be called the Air Force Act, 1950.
(2) It shall come into force on such date2 as the Central Government may by notification in the Official Gazette, appoint in this behalf. |
Air Force Act, 1950 | 10 | Chapter III
Commission, Appointment and Enrolment
10. Commission and appointment.-
The President may grant, to such person as he thinks fit a commission as an officer or appoint any person as a warrant officer of the Air Force. |
Air Force Act, 1950 | 100 | 100. Provision for dependants of prisoner of war from his pay and allowances.-
It shall be lawful for proper provision to be made by the prescribed authorities for any dependants of any person subject to this Act, who is a prisoner of war or is missing, out of his pay and allowances. |
Air Force Act, 1950 | 101 | 101. Period during which a person is deemed to be a prisoner of war.-
For the purposes of sections 99 and 100, a person shall be deemed to continue to be a prisoner of war until the conclusion of any inquiry into has conduct such as is referred to in section 97, and if he is cashiered or dismissed from the service in consequence of such conduct, until the date of such cashiering or dismissal. |
Air Force Act, 1950 | 102 | Chapter IX
Arrest and Proceedings before Trial
102. Custody of offenders.-
(1) Any person subject to this Act who is charged with an offence may be taken into air force custody.
(2) Any such person may be ordered into air force custody by any superior officer.
(3) Any officer may order into air force custody any officer, though he may be of a higher rank, engaged in a quarrel, affray or disorder. |
Air Force Act, 1950 | 103 | 103. Duty of commanding officer in regard to detention.-
(1) It shall be the duty of every commanding officer to take care that a person under his command when charged with an offence is not detained in custody for more than forty-eight hours after the committal of such person into custody is reported to him, without the charge being investigated, unless investigation within that period seems to him to be impracticable with due regard to the public service.
(2) Every case of a person being detained in custody beyond a period of forty eight hours, and the reason thereof shall be reported by the commanding officer to the air or other officer to whom application would be made to convene a general or district court-martial for the trial of the person charged.
(3) In reckoning the period of forty-eight hours specified in sub-section (1), Sundays and public holidays shall be excluded.
(4) Subject to the provisions of this Act, the Central Government may make rules a providing for the manner in which and the period for which any person subject to this Act may be taken into and detained in air force custody, pending the trial by any competent authority for any offence committed by him. |
Air Force Act, 1950 | 104 | 104. Interval between committal and court-martial.-
In every case where any such person as is mentioned in section 102 and as is not on active service remains in such custody for a longer period than eight days, without a court-martial for his trial being ordered to assemble, a special report giving reasons for the delay shall be made by his commanding officer in the manner prescribed; and similar report shall be forwarded every eight days until a court-martial is assembled or such person is released from custody. |
Air Force Act, 1950 | 105 | 105. Arrest by civil authorities.-
Wherever any person subject to this Act, who is accused of any offence under this Act, is within the jurisdiction of any magistrate or police officer, such magistrate or police officer shall aid in the apprehension and delivery to air force custody of such person upon receipt of a written application to that effect signed by his commanding officer. |
Air Force Act, 1950 | 106 | 106. Capture of deserters.-
(1) Whenever any person subject to this Act deserts, the commanding officer of the unit or detachment to which he belongs, shall give written information of the desertion to such civil authorities as, in his opinion, may be able to afford assistance towards the capture of the deserter; and such authorities shall thereupon take steps for the apprehension of the said deserter in like manner as if he were a person for whole apprehension a warrant had been issued by a magistrate; and shall deliver the deserter, when apprehended, into air force custody.
(2) Any police officer may arrest without warrant any person reasonably believed to be subject to this Act, and to be a deserter or to be travelling without authority, and shall bring him without delay before the nearest magistrate, to be dealt with according to law. |
Air Force Act, 1950 | 107 | 107. Inquiry into absence without leave.-
(1) When any person subject to this Act has been absent from his duty without due authority for a period of thirty days, a Court of inquiry shall, as soon as practicable, be assembled, and such Court shall, on oath or affirmation administered. In the prescribed manner, inquire respecting the absence of the person, and the deficiency, if any, in the property of the Government entrusted to his care, or in any arms, ammunition, equipment, instruments, clothing or necessaries, and if satisfied of the fact of such absence without due authority, or other sufficient cause, the Court shall declare such absence and the period thereof, and the said deficiency, if any; and the commanding officer of the unit to which the person belongs shall enter in the court-martial book of the unit a record of declaration.
(2) If the person declared absent does not afterwards surrender or is not apprehended, he shall, for the purposes of this Act, be deemed to be a deserter. |
Air Force Act, 1950 | 108 | 108. Provost-marshals.-
(1) Provost-marshals may be appointed by 1[the Chief of the Air Staff], or by any prescribed officer.
(2) The duties of a provost-marshal are to take charge of persons confined for any offence, to preserve good order and discipline, and to prevent breaches of the same by persons serving in, or attached to, the Air Force.
(3) A provost-marshal may at any time arrest and detain for trial any person subject to this Act who commits, or is charged with, an offence, and may also carry into effect any punishment to be inflicted in pursuance of the sentence awarded by a court-martial, or by an officer exercising authority under section 82 but shall not inflict any punishment on his own authority: Provided that no officer shall be so arrested or detained otherwise than on the order of another officer.
(4) For the purposes of sub-sections (2) and (3), a provost-marshal shall be deemed to include a provost-marshal appointed under the Army Act or the Navy-Act and any person legally exercising authority under him or on his behalf. |
Air Force Act, 1950 | 109 | Chapter X
Courts-Martial
109. Different kinds of courts-martial.-
For purposes of this Act there shall be three kinds of courts-martial, that is to say,-
(a) general courts-martial.
(b) district courts-martial.
(c) summary general courts-martial. |
Air Force Act, 1950 | 11 | 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 Air Force: Provided that nothing contained in this section shall bar the enrolment of the subjects of Nepal in the Air Force. |
Air Force Act, 1950 | 110 | 110. Power to convene a general court-martial.-
A general court-martial may be convened by the Central Government or 1[the Chief of the Air Staff] or by any officer empowered in this behalf by warrant of1[the Chief of the Air Staff]. |
Air Force Act, 1950 | 111 | 111. Power to convene a district court-martial.-
A district court-martial may be convened by an officer having power to convene a general court-martial, or by any officer empowered in this behalf by warrant of any such officer. |
Air Force Act, 1950 | 112 | 112. Contents of warrants issued under sections 110 and 111.-
A warrant issued under section 110 or section 111 may contain such restrictions, reservations or conditions as the officer issuing it may think fit. |
Air Force Act, 1950 | 113 | 113. Power to convene a summary general court-martial.-
The following authorities shall have the power to convene a summary general court-martial, namely:-
(a) an officer empowered in this behalf by an order of the Central Government or of 1[the Chief of the Air Staff]; (b) on active service, the officer commanding the forces in the field, or any officer empowered by him in this behalf;
(c) an officer commanding any detached portion of the Air Force on active service when, in his opinion, it is not practicable with due regard to discipline and the exigencies of the service, that an offence should be tried by a general court-martial. |
Air Force Act, 1950 | 114 | 114. Composition of general court-martial.-
A general court-martial shall consist of not less than five officers, each of whom has held a commission for not less than three whole years and of whom not less than four are of a rank not below that of flight-lieutenant. |
Air Force Act, 1950 | 115 | 115. Composition of district court-martial.-
A district court-martial shall consist of not less than three officers, each of whom has held a commission for not less than two whole years. |
Air Force Act, 1950 | 116 | 116. Composition of summary general court-martial.-
A summary general court-martial shall consist of not less than three officers. |
Air Force Act, 1950 | 117 | 117. Dissolution of court-martial.-
(1) If a court-martial after the commencement of a trial is reduced below the minimum number of Officers required by this Act, it shall be dissolved.
(2) If on account of the illness of the judge advocate or of the accused before the finding, it is impossible to continue the trial, a court-martial shall be dissolved.
(3) The officer who convened a court-martial may dissolve such court-martial if it appears to him that the exigencies of the service or the necessities of discipline render it impossible or in expedient to continue the said court-martial.
(4) Where a court-martial is dissolved under this section, the accused may be tried again. |
Air Force Act, 1950 | 118 | 118. Powers of general and summary general courts-martial.-
A general or summary general court- martial shall have power to try any person subject to this Act for any offence punishable there in and to pass any sentence authorised thereby. |
Air Force Act, 1950 | 119 | 119. Powers of district court-martial.-
A district court-martial shall have power to try any person subject to this Act other than an officer or warrant officer for any offence made punishable therein, and to pass any sentence authorised by this Act other than a sentence of death, transportation, or imprisonment for a term exceeding two years. |
Air Force Act, 1950 | 12 | 12. Ineligibility of females for enrolment or employment.-
No female shall be eligible for enrolment or employment in the Air Force, except in such corps, department, branch or other body forming part of, or attached to any portion of, the Air Force as the Central Government may, by notification, 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 Air Force or any branch thereof in which females are eligible for enrolment or employment. |
Air Force Act, 1950 | 120 | 120. Prohibition of second trial.-
When any person subject to this Act has been acquitted or convicted of an offence by a court-martial or by a criminal court, or has been dealt with under section 82 or section 86, he shall not be liable to be tried again for the same offence by a court-martial or dealt with under the said sections. |
Air Force Act, 1950 | 121 | 121. Period of limitation for trial.-
(1) Except as provided by sub-section (2), no trial by court-martial of any person subject to this Act for any offence shall be commenced after the expiration of a period of three years from the date of such offence.
(2) The provisions of sub-section (1) shall not apply to a trial for an offence of desertion or fraudulent enrolment or for any of the offences mentioned in section 37.
(3) In the computation of the period of time mentioned in sub-section (1), any time spent by such person as a prisoner of war, or in enemy territory, or in evading arrest after the commission of the offence, shall be excluded.
(4) No trial for an offence of desertion, other than desertion on active service or of fraudulent enrolment shall be commenced if the person in question, not being an officer, has subsequently to the commission of the offence, served continuously in an exemplary manner for not less than three years with any portion of the Air Force. |
Air Force Act, 1950 | 122 | 122. Liability of offender who ceases to be subject to Act.-
(1) Where an offence under this Act had been committed by any person while subject to this Act and he has ceased to be so subject, he may be taken into and kept in air force custody, and tried and punished for such offence as if he continued to be so subject.
(2) Except as provided by sub-sections (3) and (4), any such person shall not be tried for an offence, unless his trial commences within six months after he had ceased to be subject to this Act.
(3) The provisions of sub-section (2) shall not apply to the trial of any such person for an offence of desertion or fraudulent enrolment or for any of the offences mentioned in section 37.
(4) Nothing contained in sub-section (2) shall affect the jurisdiction of a civil court to try any offence triable by such court as well as by a court-martial.
(5) When a person subject to this Act is sentenced by a court-martial to transportation or imprisonment, this Act shall apply to him during the term of his sentence, though he is cashiered or dismissed from the Air Force, or has otherwise ceased to be subject to this Act and he may be kept, removed, imprisoned and punished as if he continued to be subject to this Act.
(6) When a person subject to this Act it sentenced by a court-martial to death, this Act shall apply to him till the sentence is carried out. |
Air Force Act, 1950 | 123 | 123. Place of trial.-
Any person subject to this Act who commits any offence against it may be tried and punished for such offence in any place whatever. |
Air Force Act, 1950 | 124 | 124. Choice between criminal court and court-martial.-
When a criminal court and a court-martial have each jurisdiction in respect of an offence, it shall be in the discretion of1[the Chief of the Air Staff], the officer commanding any group, wing or station in which the accused prisoner is serving of such other officer as may be prescribed to decide before which court the proceedings shall be instituted, and, if that officer decides that they should be instituted before a court-martial, to direct that the accused person shall be detained in Air force custody. |
Air Force Act, 1950 | 125 | 125. Power of criminal court to require delivery of offender.-
(1) When a criminal court having jurisdiction is of opinion that proceedings shall be instituted before itself in respect of any alleged offence, it may, by written notice, require the officer referred to in section 124 at his option, either to deliver over the offender to the nearest Magistrate to be proceeded, against according to law, or to postpone proceedings pending a reference to the Central Government.
(2) In every such case the said officer shall either deliver over the offender in compliance with the requisition, or shall forthwith refer the question as to the court before which the proceedings are to be instituted for the determination of the Central Government whose order upon such reference shall be final. |
Air Force Act, 1950 | 126 | 126. Successive trials by a criminal, court and a court-martial.-
(1) A person convicted or acquitted by a court-martial may, with the previous sanction of the Central Government, be tried again by a criminal court for the same offence, or on the same facts.
(2) If a person sentenced by a court-martial under this Act or punished under section 82 or section 86 is afterwards tried and convicted by a criminal court for the same offence or on the same facts, that court shall in awarding punishment have regard to the punishment he may already have undergone for the said offence. |
Air Force Act, 1950 | 127 | Chapter XI
Procedure of Courts-Matrial
127. Presiding Officer.-
At every general, district or summary general court-martial the senior member shall be the presiding officer. |
Air Force Act, 1950 | 128 | 128. Judge Advocate.-
Every general court-martial shall, and every district or summary general court-martial may, be attended by a Judge Advocate, who shall be either an officer belonging to the department of the Chief Legal Adviser or if no such officer is available, an officer approved by the Chief Legal Adviser or any of his deputies. |
Air Force Act, 1950 | 129 | 129. Challenges.-
(1) At all, trials by general, district or summary general courts-martial, as soon as the court is assembled, the names of the presiding officer and members shall be read over to the accused who shall thereupon be asked whether he objects to being tried by any officer sitting on the court.
(2) If the accused objects to any such officer, his objection and also the reply thereto of the officer objected to, shall be heard and recorded, and the remaining officers of the court shall, in the absence of the challenged officer decide on the objection.
(3) If the objection is allowed by one-half or more of the votes of the officers entitled to vote, the objection shall be allowed and the member objected to shall retire, and his vacancy may be filled in the prescribed manner by another officer, subject to the same right of the accused to object.
(4) When no challenge is made, or when challenge has been made and disallowed or the place of every officer successfully challenged has been filled by another officer to whom no objection is made or allowed, the court shall proceed with the trial. |
Air Force Act, 1950 | 13 | 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. |
Air Force Act, 1950 | 130 | 130. Oaths of member, Judge advocate and witness.-
(1) An oath or affirmation in the prescribed manner shall be administered to every member of every court-martial and to the Judge advocate before the commencement of the trial.
(2) Every person giving evidence before a court-martial shall be examined after being duly sworn or affirmed in the prescribed form.
(3) The provisions of sub-section (2) shall not apply where the witness is a child under twelve years of age and the court-martial is of opinion that though the witness understands the duty of speaking the truth, he does not understand the nature of an oath or affirmation. |
Air Force Act, 1950 | 131 | 131. Voting by members.-
(1) Subject to the provisions of sub-sections (2) and (3), every decision of a court-martial shall be passed by an absolute majority of votes; and where there is an equality of votes on either the finding or the sentence, the decision shall be in favour of the accused.
(2) No sentence of death shall be passed by a general court-martial without the concurrence of at least two-thirds of the members of the court.
(3) No sentence of death shall be passed by a summary general court-martial without the concurrence of all the members.
(4) In matters other than a challenge or the finding or sentence, the presiding officer shall have a casting vote. |
Air Force Act, 1950 | 132 | 132. General rule as to evidence.-
The Indian Evidence Act, 1872 (1 of 1872), shall subject to the provisions of this Act, apply to all proceedings before a court-martial. |
Air Force Act, 1950 | 133 | 133. Judicial notice.-
A court-martial may take judicial notice of any matter within the general air force knowledge of the members. |
Air Force Act, 1950 | 134 | 134. Summoning witnesses.-
(1) The convening officer, the presiding officer of a court-martial the Judge advocate or the commanding officer of the accused person, may, by summons under his hand, require the attendance at a time and place to be mentioned in the summons, of any person either to give evidence or to produce any document or other thing.
(2) In the case of a witness amenable to air force authority, the summons shall be sent to his commanding officer and such officer shall serve it upon him accordingly.
(3) In the case of any other witness, the summons shall be sent to the magistrate within whose jurisdiction he may be or reside, and such magistrate shall give effect to the summons as if the witness were required in the court of such magistrate.
(4) When a witness is required to produce any particular document or other thing in his possession or power, the summons shall describe it with reasonable precision. |
Air Force Act, 1950 | 135 | 135. Documents exempted from production.-
(1) Nothing in section 134 shall be deemed to affect the operation of sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872), or to apply to any letter, postcard, telegram or other document in the custody of the postal or telegraph authorities.
(2) If any document in such custody is, in the opinion of any district magistrate, chief presidency magistrate, High Court or court of session, wanted for the purpose of any court-martial such magistrate or court may require the postal or telegraph authorities, as the case may be, to deliver such document to such person as such magistrate or court may direct.
(3) If any such document is, in the opinion of any other magistrate or of any commissioner of police or district superintendent of police, wanted for any such purpose, he may require the postal or telegraph authorities, as the case may be, to cause search to be made for and to detain such document pending the orders of any such district magistrate, chief presidency magistrate or High Court or Court of Session. |
Air Force Act, 1950 | 136 | 136. Commissions for examination of witnesses.-
(1) Whenever, in the course of a trial by court-martial, it appears to the court that the examination of a witness is necessary for the ends of justice, and that the attendance of such witness cannot be procured without an amount of delay, expense or inconvenience which, in the circumstances of the case, would be unreasonable such court may address the Chief Legal Adviser in order that a commission to take the evidence of such witness may be issued.
(2) The Chief Legal Adviser may then, if he thinks necessary, issue a commission to any district magistrate of the first class, within the local limits of whose jurisdiction such witness resides to take the evidence of such witness.
(3) The Magistrate or officer to whom the commission is issued, or, if he is the district magistrate, he or such magistrate of the first-class as he appoints, in this behalf, shall proceed to the place where the witness is or shall summon the witness before him and shall take down his evidence in the same manner, and may for this purpose exercise the same powers, as in trials of warrant-cases under the Code of Criminal Procedure, 1898 (5 of 1898), or any corresponding law in force in 1[the State of Jammu and Kashmir],
(4) When the witness resides in a tribal area or in any place outside India the commission may be issued in the manner specified in Chapter XL of the Code of Criminal Procedure, 1898 (5 of 1898), or of any corresponding law in force in 1[the State of Jammu and Kashmir].
(5) In this and the next succeeding section, the expression "Chief Legal Adviser" includes a Deputy Chief Legal Adviser. |
Air Force Act, 1950 | 137 | 137. Examination of a witness on commission.-
(1) The prosecutor and the accused person in any case in which a commission is issued under section 136 may respectively forward any interrogatories in writing which the court may think relevant to the issue, and the Magistrate or officer executing the commission shall examine the witness upon such interrogatories.
(2) The prosecutor and the accused person may appear before such magistrate or officer by counsel or except in the case of an accused person in custody, in person, and may examine, cross-examine and re-examine, as the case may be, the said witness.
(3) After a commission issued under section 136 has been duly executed, it shall be returned, together with the deposition of the witness examined thereunder to the Chief Legal Adviser.
(4) On receipt of a commission and deposition returned under sub-section (3) the Chief Legal Adviser shall forward the same to the court at whose instance the commission was issued or, if such court has been dissolved, to any other court convened for the trial of the accused person, and the commission, the return thereto and the deposition shall be open to inspection by the prosecutor and the accused person, and may, subject to all just exceptions, be read in evidence in the case by either the prosecutor or the accused, and shall form part of the proceedings of the court.
(5) In every case in which a commission is issued under section 136 the trial may be adjourned for a specified time reasonably sufficient for the execution and return of the commission. |
Air Force Act, 1950 | 138 | 138. Conviction of offence not charged.-
(1) A person charged before a court-martial with desertion may be found guilty of attempting to desert or of being absent without leave.
(2) A person charged before a court-martial with attempting to desert may be found guilty of being absent without leave.
(3) A person charged before a court-martial with using criminal force-may be found guilty of assault.
(4) A person charged before a court-martial with using threatening language may be found guilty of using insubordinate language.
(5) A person charged before a court-martial with any one of the offences specified in clauses (a), (b), (c) and (d) of section 52 may be found guilty of any other of these offences with which he might have been charged.
(6) A person charged before a court-martial with an offence punishable under section 71 may be found guilty of any other offence of which he might have been found guilty if the provisions of the Code of Criminal Procedure, 1898 (5 of 1898), were applicable.
(7) A person charged before a court-martial with any offence under this Act may on failure of proof of an offence having been committed in circumstances involving a more severe punishment, be found guilty of the same offence as having been committed in circumstances involving a less severe punishment.
(8) A person charged before a court-martial with any offence under this Act may be found guilty of having attempted or abetted the commission of that offence, although the attempt or abetment is not separately charged. |
Air Force Act, 1950 | 139 | 139. Presumption as to signature.-
In any proceeding under this Act, any application, certificate, warrant, reply or other document purporting to be signed by an officer in the service of the Government shall, on production, be presumed to have been duly signed by the person by whom and in the character in which it purports to have been signed, until the contrary is shown. |
Air Force Act, 1950 | 14 | 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 be deemed to be enrolled. |
Air Force Act, 1950 | 140 | 140. Enrolment paper.-
(1) Any enrolment paper purporting to be signed by an enrolling officer shall, in proceedings under this Act, be evidence of the person enrolled having given the answers to questions which he is therein represented as having given. (2) The enrolment of such person may be proved by the production of the original or a copy of his enrolment paper purporting to be certified to be a true copy by the officer having the custody of the enrolment paper. |
Air Force Act, 1950 | 141 | 141. Presumption as to certain documents.-
(1) A letter, return or other document respecting the service of any person in, or the cashiering, dismissal or discharge of any person from, any portion of the Air Force, or respecting the circumstance of any person not having served in, or belonged to, any portion of the Forces, if purporting to be signed by or on behalf of the Central Government or 1[the Chief of the Air Staff], or by any prescribed officer, shall be evidence of the facts stated in such letter, return or other document.
(2) An Army, Navy or Air Force List or Gazette purporting to be published by authority shall be evidence of the status and rank of the officers or warrant officers therein mentioned, and of any appointment held by them and of the unit or branch of the services to which they belong.
(3) Where a record is made in any service book in pursuance of this Act or of any rules made thereunder or otherwise in pursuance of air force duty and purports to be signed by the commanding officer or by the officer whose duty it is to make such record, such record shall be evidence of the facts therein stated.
(4) A copy of any record in any service book purporting to be certified to be a true copy by the officer having custody of such book shall be evidence of such record.
(5) Where any person subject to this Act is being tried on a charge of desertion or of absence without leave, and such person has surrendered himself into the custody of any officer or other person subject to this Act, or any portion of the Air Force, or has been apprehended by such officer or person, a certificate purporting to be signed by such officer, or by the commanding officer of that portion of the Air Force, or by the commanding officer of the unit, or detachment to which such person belongs, as the case may be, and stating the fact, date and place of such surrender or apprehension, and the manner in which he was dressed, shall be evidence of the matters so stated.
(6) Where any person subject to this Act is being tried on a charge of desertion or of absence without leave, and such person has surrendered himself into the custody of or has been apprehended by, a police officer nor below the rank of an officer-in-charge of a police station, a certificate purporting to be signed by such police officer and stating the fact, date and place if such surrender or apprehension and the manner in which he was dressed shall be evidence of the matters so stated.
(7) Any document purporting to be a report under the hand of any Chemical Examiner or Assistant Chemical Examiner to Government upon any matter or thing duly submitted to him for examination or analysis and report may be used as evidence in any proceeding under this Act. |
Air Force Act, 1950 | 142 | 142. Reference by accused to Government officer.-
(1) If at any trial for desertion or absence without leave, overstaying leave or not rejoining when warned for service, the person tried states in his defence any sufficient or reasonable excuse for his unauthorised absence and refers in support thereof to any officer in the service, of the Government, or if it appears that any such officer is likely to prove or disprove the said statement in the defence, the court shall address such officer and adjourn the proceedings until his reply is received.
(2) The written reply of any officer so referred to shall, if signed by him, be received in evidence and have the same effect as if made on oath before the court.
(3) If the court is dissolved before the receipt of such reply, or if the court omits to comply with the provisions of this section, the convening officer may, at his discretion, annul the proceedings and order a fresh trial. |
Air Force Act, 1950 | 143 | 143. Evidence of previous convictions and general character.-
(1) When any person subject to this Act has been convicted by a court-martial of any offence, such court-martial may inquire into and receive and record evidence of any previous convictions of such person, either by a court-martial or by a criminal court or any previous award of punishment under section 82 or section 86 and may further enquire into and record the general character of such person and such other matters as may be prescribed.
(2) Evidence received under this section may be either oral, or in the shape of entries in, or certified extracts from, court-martial books or other official records, and it shall not be necessary to give notice before trial to the person tried that evidence as to his previous convictions or character will be received. |
Air Force Act, 1950 | 144 | 144. Lunacy of accused.-
(1) Whenever, in the course of a trial by a court-martial, it appears to the court that the person charged is by reason of unsoundness of mind incapable of making his defence, or that he committed the act alleged but was by reason of unsoundness of mind incapable of knowing the nature of the act or knowing that it was wrong or contrary to law, the court shall record a finding accordingly.
(2) The presiding officer of the court shall forthwith report the case to the confirming officer.
(3) The confirming officer to whom the case is reported under sub-section (2) may, if he does not confirm the finding, take steps to have the accused person tried by the same or another court-martial for the offence with which he was charged.
(4) A confirming officer confirming a finding in any case so reported to him under sub-section (2) shall order the accused person to be kept in custody in the prescribed manner and shall report the case for the orders of the Central Government.
(5) On receipt of a report under sub-section (4) the Central Government may order the accused person to be detained in a lunatic asylum or other suitable place of safe custody. |
Air Force Act, 1950 | 145 | 145. Subsequent fitness of lunatic accused for trial.-
Where any accused person, having been found by reason of unsoundness of mind to be incapable of making his defence, is in custody or under detention under section 144, the officer commanding a unit or detachment within the area of whose command the accused is in custody or is detained, or any other officer prescribed in this behalf, may. -
(a) If such person is in custody under sub-section (4) of section 144, on the report of a medical officer that he is capable of making his defence, or
(b) if such person is detained in a jail under sub-section (5) of section 144, on a certificate of the Inspector-General of Prisons and if such person is detained in a lunatic asylum under the said sub-section on a certificate of any two or more of the visitors of such asylum that he is capable of making his defence, take steps to have such person tried by the same or another court-martial for the offence with which he was originally charged, or, if the offence is a civil offence, by a criminal court. |
Air Force Act, 1950 | 146 | 146. Transmission to Central Government of orders under section 145.-
A copy of every order made by an officer under section 145 for the trial of the accused shall forthwith be sent to the Central Government. |
Air Force Act, 1950 | 147 | 147. Release of lunatic accused.-
Where any person is in custody under sub-section (4) of section 144 or under detention under sub-section (5) of that section.-
(a) if such person is in custody under the said sub-section (4), on the report of a medical officer, or
(b) if such person is detained under the said sub-section (5), on a certificate from any of the authorities mentioned in clause (b) of section 145 that, in the judgment of such officer or authority such person may be released without danger of his doing injury to himself or to any other person, the Central Government may order that such person be released, or detained in custody, or transferred to a public lunatic asylum if he has not already been sent to such an asylum. |
Air Force Act, 1950 | 148 | 148. Delivery of lunatic accused to relatives.-
Where any relative or friend of any person who is in custody under sub-section (4) of section 144 or under detention under sub-section (5) of that section desires that he should be delivered to his care and custody, the Central Government may upon application by such relative or friend and on his giving security to the satisfaction of that Government that the person delivered shall be properly taken care of and prevented from doing injury to himself or any other person, and be produced for the inspection of such officer, and at such times and places, as the Central Government may direct, order such person to be delivered to such relative or friend. |
Air Force Act, 1950 | 149 | 149. Order for custody and disposal of property pending trial.-
When any property regarding which any offence appears to have been committed, or which appears to have been used for the commission of any offence, is produced before a court-martial during a trial, the court may make such order as it thinks fit for the proper custody of such property pending the conclusion of the trial, and if the property is subject to speedy or natural decay may, after recording such evidence as it thinks necessary, order it to be sold or otherwise disposed of. |
Air Force Act, 1950 | 15 | 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 unit 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 proceedings, act or thing taken or done prior to his discharge. |
Air Force Act, 1950 | 150 | 150. Order for disposal of property regarding which offence is committed.-
(1) After the conclusion of a trial before any court-martial, the court or the officer confirming the finding or sentence of such court-martial or any authority superior to such officer, may make such order as it or he thinks fit for the disposal by destruction, confiscation, delivery to any person, claiming to be entitled to possession thereof, or otherwise of any property or document produced before the Court or in its custody, or regard-ing which any offence appears to have been committed or which has been used for the commission of any offence.
(2) Where any order has been made under sub-section (1) in respect of property regarding which an offence appears to have been committed, a copy of such order signed and certified by the authority making the same may, whether the trial was held within India or not, be sent to a magistrate within whose jurisdiction such property for the time being is situated, and such Magistrate shall thereupon cause the order to be carried into effect as if it were an order passed by him under the provisions of the Code of Criminal Procedure, 1898 (5 of 1898), or any corresponding law in force in 1[the State of Jammu and Kashmir].
(3) In this section the term "property" includes, in the case of property regarding which an offence appears to have been committed, not only such property as has been originally in the possession or under the control of any person, but also any property into or for which the same may have been converted or exchanged, and anything acquired by such conversion or exchange whether immediately or otherwise. |
Air Force Act, 1950 | 151 | 151. Powers of court-martial when certain offences are committed by persons not subject to this Act.-
Any trial by a court-martial under the provisions of this Act shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860), and the court-martial shall be deemed to be a Court within the meaning of sections 480 and 482 of the Code of Criminal Procedure, 1898 (5 of 1898). |
Air Force Act, 1950 | 152 | Chapter XII
Confirmation and Revision
152. Finding and sentence not valid, unless confirmed.-
No finding or sentence of a general, district or summary general court-martial shall be valid except so far as it may be confirmed as provided by this Act. |
Air Force Act, 1950 | 153 | 153. Power to confirm finding and sentence of general court-martial.-
The findings and sentences of general courts-martial may be confirmed by the Central Government, or by any officer empowered in this behalf by warrant of the Central Government. |
Air Force Act, 1950 | 154 | 154. Power to confirm finding and sentence of district court-martial.-
The findings and sentences of district court-martial may be confirmed by any officer having power to convene a general court-martial or by any officer empowered in this behalf by warrant of such officer. |
Air Force Act, 1950 | 155 | 155. Limitation of powers of confirming authority.-
A warrant issued under section 153 or section 154 may contain such restrictions, reservations or conditions as the authority issuing it may think fit. |
Air Force Act, 1950 | 156 | 156. Power to confirm finding and sentence of summary general courts-martial.-
The findings and sentences of summary general courts-martial may be confirmed by the convening officer or if he so directs, by an authority superior to him. |