THE AIR FORCE ACT, 1950

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The Air Force Act, 1950 was enacted by the Parliament on May 18, 1950 for consolidating and modifying the legal principles to the Air Force Government. The persons coming under the purview of the legislation includes officers, warrant officers, enrolled persons, persons under Regular Air Force Service or Auxiliary Air Force or Air Defence Reserve under the situations provided according to the provisions of Reserve and Auxiliary Air Forces Act, 1952 and persons not coming under the air force law as provided under the Act. All persons specified under the Act are subject to the provisions of the Act until they retire, discharged, cashiered, released, dismissed or removed from service. The Central Government may after notifying in the Gazette of India apply all the provisions of the enactment any force under the control of India. Such provisions may or may not be altered and can be suspended to any force under the control of Government of India.

The Act made applicable shall be implemented with regard to persons under the said force in the same way it have effect connected with persons coming under the purview of the Act holding in Air Force in the equivalent rank. The Central Government is empowered under the Act to issue directions to persons coming under the Act as if the Central Government is the officer, warrant officer or non-commissioned officers and shall allow the officer to make similar directions and to withdraw such direction. The commanding officer of the force is not empowered to place a person under the command of another officer where such person is under the control and direction of an officer or higher rank. When person is a squadron or not below his rank, the Central Government may authorize such person to exercise powers or such powers shall be exercised by air commanding officers or group commanding officers. Such powers may be granted enormously or upon limitations, exemptions, stipulations or reservations. Moreover, the Central Government is given the power to declare any person in active service with respect to certain area where that person is serving or according to the provisions of the Act or any other similar legislation.

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The President may award a person as commission like that of an officer or appoint warrant officer of Air Force. A foreigner shall not be appointed in air force except upon the permission of Central Government. The female candidates shall be not appointed in Air Force except in certain departments like corps, branches or other body as specified under the Act. The enrolled person shall attend before the enrolling officer who shall read and elucidate the stipulations for serving in air force and questions shall be asked in the specified manner of enrolment. If the person gives false answers, he shall be subject to imprisonment. The Act specifies the mode and validity of enrolment, mode of attestation etc. The persons under the air force shall serve the office during the pleasure of the President. The Central Government is empowered under the Act to dismiss, terminate and remove a person from service as per the Act, rules as well as regulations. The Air Staff Chief along with other officers may reduce rank of the warrant officer or non-commissioned officer. The Act provides for alteration of some of the fundamental rights when applying to certain category of persons. The Government can restrict any person to be a member of any trade or labour union, attend or take part in meeting etc.

The Act contains provision dealing with retirement, release or discharge of persons serving under air force. From the payment given to the officers of air force only authorized deductions can be made. Any person who was tortured by any superior can complain regarding the same to his commanding officer. The person serving under air force is given immunity from attachment of his articles specified under the Act.

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In addition, there are other Acts that govern the air force services like Army Air Force (Disposal of Private Property) Act, 1950 which was amended by Army Air Force (Disposal of Private Property) Amendment Act, 2000 and the Air Force Rules, 1969. Recently, the Parliament has initiated The Armed Forces Tribunal (Amendment) Bill, 2012 which is still pending.