The Air Force Act, 1950

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

The following persons shall be subject to this Act wherever theymay be, namely:-- (a) officers and warrant officers of the Air Force; (b) persons enrolled under this Act; 1[(c) persons belonging to the Regular Air Force Reserve or the Air Defence Reserve or theAuxiliary Air Force, in the circumstances specified in section 26 of the Reserve and Auxiliary AirForces Act, 1952 (62 of 1952);] (d) persons not otherwise subject to air force law, who, on active service, in camp, on the march,or at any frontier post specified by the Central Government by notification in this behalf, areemployed by, or are in the service of, or are followers of, or accompany any portion of the Air Force.

Every person subject to this Act under clauses (a) to (c)of section 2 shall remain so subject until duly retired, discharged, released, removed, dismissed orcashiered 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 air force 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 any foreigncountry; (ii) "aircraft includes" aeroplanes, balloons, lite balloons, airships, gliders or other machines forflying; (iii) "aircraft material" includes any engines, fittings, guns, gear, instruments or apparatus for usein connection with aircraft, and any of its components and accessories and petrol oil, and any othersubstance used for providing motive power for planes; (iv) "Air Force" means officers and airmen who by their commission, warrant, terms ofenrolment or otherwise, are liable to render continuously for a term air force service to the Union inevery part of the world or any specified part of the world, including persons belonging to1 [any AirForce Reserve or the Auxiliary Air Force], when called out on permanent service; (v) "Air force custody" means the arrest or confinement of a person according to the usages of theservice and includes military or naval custody; (vi) "Air Force law" means the law enacted by this Act and the rules made thereunder andincludes the usages of the service; (vii) "Air Force reward" includes any gratuity or annuity for long service or good conduct, badgepay or pension, and any other Air Force pecuniary reward; (viii) "airman" means any person subject to this Act other than an officer; (ix) "air officer" means any officer of the Air Force above the rank of group captain; (x) "air signal" means any signal intended for the guidance of aircraft, whether given by flag,ground signal, light, wind indicator or in any manner whatsoever; (xi) "Chief Legal Adviser" means a person appointed as such by2the Chief of the Air staff togive advice on matters relating to air force law and to perform such other duties of a legal character asmay arise in connection therewith; (xii) "civil offence" means an offence which is triable by a criminal court; (xiii) "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; 3[(xiv) "Chief of the Air Staff" means the officer commanding the Air Force;] (xv) "commanding officer" used in relation to a person subject to this Act, means the officer forthe time being in command of the unit or detachment to which such person belongs or is attached; (xvi) "court-martial" means a court-martial held under this Act; (xvii) "criminal court" means a court of ordinary criminal justice in any part of India,4* * * * *; (xviii) "enemy" includes all armed mutineers, armed rebels, armed rioters, pirates and any personin arms against whom it is the duty of any person subject to air force law to act; (xix) "the Forces" means the regular Army, Navy and Air Force or any part of any one or more ofthem; (xx) "non-commissioned officer" means a person holding a non-commissioned rank or an actingnon-commissioned rank in the Air Force, and includes any person holding a non-commissioned rankor an acting non-commissioned rank in 5[any Air Force Reserve or the Auxiliary Air Force] whensubject to this Act; (xxi) "notification" means a notification published in the Official Gazette; (xxii) "offence" means any act or omission punishable under this Act, and includes a civiloffence, as hereinbefore defined; (xxiii) "officer" means a person commissioned, gazetted or in pay as an officer in the Air Force,and includes-- (a) an officer of 5[any Air Force Reserve or the Auxiliary Air Force] who is for the time beingsubject to this Act; (b) in relation to a person subject to this Act when serving under such conditions as may beprescribed, an officer of the regular Army or the Navy, but does not include a junior commissioned officer, warrant officer, petty officer or non-commissionedofficer; (xxiv) "prescribed" means prescribed by rules made under this Act; (xxv) "provost-marshal" means a person appointed as such under section 108 and includes any ofhis deputies or assistants or any other person legally exercising authority under him or on his behalf; (xxvi) "regulation" includes a regulation made under this Act; (xxvii) "superior officer", when used in relation to a person subject to this Act, includes a warrantofficer and a non-commissioned officer, and as regards persons serving under such conditions as may beprescribed, an officer, junior commissioned officer, warrant officer, petty officer and non-commissionedofficer of the regular Army or the Navy; (xxviii) "unit" includes-- (a) anybody of officers and airmen for which a separate authorised establishment exists; (b) any separate body of persons subject to this Act employed on any service and not attachedto a unit as aforesaid; (c) any other separate body of persons composed wholly or partly of persons subject to thisAct, and specified as a unit by the Central Government; (xxix) "warrant officer" means a person appointed, gazetted or in pay as a warrant officer of theAir Force and includes an acting warrant officer, a master warrant officer, and a warrant officerof 5[any Air Force Reserve or the Auxiliary Air Force] who is for the time being subject to this Act; (xxx)6[all words (except the word "India")] and expressions used herein and defined in the IndianPenal Code (45 of 1860) and not hereinbefore defined shall be deemed to have the meaningsrespectively assigned to them by that Code.

(1) The CentralGovernment may, by notification, apply with or without modifications, all or any of the provisions of thisAct to any force raised and maintained in India and suspend the operation of any other enactment for thetime 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 Air Force 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 clause (d) of section 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.