THE ARMY ACT, 1950

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The Army Act, 1950 was enacted on May 20, 1950 for the purpose of consolidating and altering the legal norms governing the administration of regular army. The Act details a list of persons strike by the provisions of the Act. According to the terms of the Act, the Central Government is authorized to make applicable entire or part of the provisions of the current enactment to whichever force hoisted and managed in India within the power of the Government. The terms of the enactment which is made applicable with respect to persons coming under the force shall be similar to that if it had been made applicable to persons under the regular army or equivalent position as other persons serving under other forces. When the Act is implemented with regard to such force, the Central Government shall also specify the conditions for the performance of duties and powers.

The Act further states that the Central Government may issue direction to the effect that the officers including the non-commissioned officers shall come under the purview of the Act. The Central Government shall also authorize such officials to issue similar direction or withdraw such direction. Where some officers are exempted from the purview of the enactment, such persons shall be deemed to be officers subordinate to the non-commissioned officer. When a person is under the unit of the commanding officer belonging to military organization the Central Government shall authorize such officer to perform functions as that of a superior officer. The inferior officer should have at least held the office of Brigade. The authority given likewise shall be either unqualified or upon conditions and limitations as prescribed under the Act. A declaration shall be made by the Central Government to state that person bound by the terms of the Act shall be considered to be in active service in the part where they perform functions or in respect to any terms provided under the Act.

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The President is authorized under the Act to provide a commission to be warrant officer serving under the regular army. The non-citizens are not permitted under the Act to be enrolled as an officer of the regular army. But permission may be granted by the Central Government to the non-citizen to enroll. The women are also exempted from enrolling under the regular army. The enactment provides special provision regarding the procedure, method and legality of enrollment. The President has the ultimate authority to decide as to the term of holding the post in the army. The Act sanctions the Central Government to make some alteration and impose restrictions on the fundamental rights to the persons working under the regular army. The Act provides provision for striking or intimidating or refuses to comply with the orders of the superior officers. Some of the offenses are made punishable when committed by the regular army officers as expressly provided under the enactment. An attempt or abetment to commit such offenses is also made liable to be punished.

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Moreover, civil offenses do not come under the jurisdiction of the court martial. The Act contains terms for deduction from expense and grant of the regular army officials as well as other persons working under the army. The manner of arrest as well as legal proceedings against the officer is specifically provided under the Act. The powers, methods and authorities of different court martial are expressed in detail. The mode of trial before the court martial shall be as per the Indian Evidence Act, 1872 except those prescribed under the present enactment. The decisions reached out by the court martial shall be applicable only after confirmation according to the mode provided in the legislation. The Central Government is directed under the Act to frame rules for the administration and directing of persons working in military. The rules and regulations shall also be framed by the Central Government to implement the provisions of the Act more effectively. The legislations related with army are Armed Forces (Special Powers) Act, 1958, Armed Forces Tribunal Act, 2007 and Army and Air Force (Disposal of Private Property) Act, 1950.