The Army Act, 1950

(1) This Act may be called the Army Act, 1950. (2) It shall come into force on such date1as the Central Government may, by notification in theOfficial Gazette, appoint in this behalf.

(1) The following persons shall be subject to this Act wherever theymay 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 orwhen carrying out the annual test; (e) officers of the Territorial Army, when doing duty as such officers, and enrolled persons of thesaid Army when called out or embodied or attached to any regular forces, subject to such adaptationsand modifications as may be made in the application of this Act to such persons undersub-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 anyduty 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 orservice 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 orat any frontier post specified by the Central Government by notification in this behalf, are employedby, 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 sosubject until duly retired, discharged, released, removed, dismissed or cashiered from the service.

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 suchperson-- (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 placewholly 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 underthe 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 separateportion of the regular Army or to any department thereof, means the officer whose duty it is under theregulations of the regular Army,or in the absence of any such regulations, by the custom of theservice, to discharge with respect to that portion of the regular Army or that department, as the casemay be, the functions of a commanding officer in regard to matters of the description referred to inthat provision; (vi) "corps" means any separate body of persons subject to this Act, which is prescribed as acorps 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 inarms 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 ofthem; (xii) "junior commissioned officer" means a person commissioned, gazetted or in pay as a juniorcommissioned officer in the regular Army or the Indian Reserve Forces, and includes a personholding 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 ofthe service and includes naval or air force custody; (xiv) "military reward" includes any gratuity or annuity for long service or good conduct, goodservice pay or pension, and any other military pecuniary reward; (xv) "non-commissioned officer" means a person holding a non-commissioned rank or an actingnon-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 ReserveForces 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 offenceas hereinbefore defined; (xviii) "officer" means a person commissioned, gazetted are in pay as an officer in the regularArmy, and includes-- (a) an officer of the Indian Reserve Forces; (b) an officer holding a commission in the Territorial Army granted by the President withdesignation of rank corresponding to that of an officer of the regular Army who is for the timebeing subject to this Act; (c) an officer of the Army in India Reserve of Officers who is for the time being subject tothis Act; (d) an officer of the Indian Regular Reserve of Officers who is for the time being subject tothis Act; 5* * * * * (f) in relation to a person subject to this Act when serving under such conditions as may beprescribed, 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 ofhis 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 ofenrolment or otherwise, are liable to warrant, terms of enrolment or otherwise, are liable to Union inany part of the world, including persons belonging to the Reserve Forces and the Territorial Armywhen 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 juniorcommissioned officer, warrant officer and a non-commissioned officer, and, as regards personsplaced under his orders, an officer, warrant officer, petty officer and non-commissioned officer of theNavy or Air Force; (xxiv) "warrant officer" means a person appointed, gazetted or in pay as a warrant officer of theregular Army or of the Indian Reserve Forces, and includes a warrant officer of the IndianSupplementary Reserve Forces or of the Territorial Army 6* * * who is for the time being subject tothis Act; (xxv) 7[all words (except the word "India")] and expressions used but not defined in this Act anddefined in the Indian Penal Code (45 of 1860) shall be deemed to have the meanings assigned to themin that Code.

(1) The Central Governmentmay, by notification, apply, with or without modifications, all or any of the provisions of this Act to anyforce raised and maintained in India under the authority of that Government, 1* * * and suspend theoperation 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 saidforce as they have effect in respect of persons subject to this Act holding in the regular Army the same orequivalent 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 areemployed by or are in the service of or are followers of or accompany any portion of the said force asthey have effect in respect of persons subject to this Act under 2[clause (i) of sub-section (1) ofsection (2)]. (4) While any of the provisions of this Act apply to the said force, the Central Government may, bynotification, direct by what authority any jurisdiction, powers or duties incident to the operation of theseprovisions shall be exercised or performed in respect of the said force.

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