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Section 20 – Air Force Act,1950

Air Force Act,1950

20. Dismissal, removal or reduction by Chief of the Air Staff and other officers.

(1)1[The Chief of the Air Staff] may dismiss or remove from the service any person subject to this Act other than an officer.

(2) 1[The Chief of the Air Staff] may reduce to a lower grade or rank or the ranks, any warrant officer or any non-commissioned officer.

(3) An officer having power not less than an air officer in charge of a command or equivalent commander or any prescribed officer may dismiss or remove from the service any person serving under his command other than an officer or a warrant officer.

(4) On active service, an officer commanding the air forces in the field may reduce to a lower rank or to the ranks any warrant officer or non-commissioned officer under his command.

(5) 1[The Chief of the Air Staff] or an officer specified in sub-section (3) may reduce to a lower class in the ranks any airman other than a warrant officer or non-commissioned officer.

(6) The commanding officer of an acting non-commissioned officer may order him to revert to his substantive rank as a non-commissioned officer, or if he has no such substantive rank, to the ranks.

(7) The exercise of any powers under this section shall be subject to the other provisions contained in this Act and the rules and regulations made thereunder.

Comments

Sections 19 and 45 of the Army Act, 1950 correspond to sections 20 and 73 of the Air Force Act, 1950. The powers exercisable under the two sections are independent of each other. A person could, therefore, be removed under section 19 of the Army Act or under section 20 of the Air Force Act without resort being had to court-martial; Union of India v. S.K. Rao, AIR 1972 SC 1137.

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1. Subs. by Act 19 of 1955, sec. 2 and Sch., for “the Commander-in-Chief”.

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Air Force Act,1950

Indian Laws – Bare Acts

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Section 20 – Air Force Act,1950

Air Force Act,1950

 

 

20. Dismissal, removal or reduction by Chief of the Air Staff and other officers.—

 

(1)1[The Chief of the Air Staff] may dismiss or remove from the service any person subject to this Act other than an officer.

 

(2) 1[The Chief of the Air Staff] may reduce to a lower grade or rank or the ranks, any warrant officer or any non-commissioned officer.

 

(3) An officer having power not less than an air officer in charge of a command or equivalent commander or any prescribed officer may dismiss or remove from the service any person serving under his command other than an officer or a warrant officer.

 

(4) On active service, an officer commanding the air forces in the field may reduce to a lower rank or to the ranks any warrant officer or non-commissioned officer under his command.

 

(5) 1[The Chief of the Air Staff] or an officer specified in sub-section (3) may reduce to a lower class in the ranks any airman other than a warrant officer or non-commissioned officer.

 

(6) The commanding officer of an acting non-commissioned officer may order him to revert to his substantive rank as a non-commissioned officer, or if he has no such substantive rank, to the ranks.

 

(7) The exercise of any powers under this section shall be subject to the other provisions contained in this Act and the rules and regulations made thereunder.

 

Comments

 

Sections 19 and 45 of the Army Act, 1950 correspond to sections 20 and 73 of the Air Force Act, 1950. The powers exercisable under the two sections are independent of each other. A person could, therefore, be removed under section 19 of the Army Act or under section 20 of the Air Force Act without resort being had to court-martial; Union of India v. S.K. Rao, AIR 1972 SC 1137.

 

—————————————————

1. Subs. by Act 19 of 1955, sec. 2 and Sch., for “the Commander-in-Chief”.

 

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Air Force Act,1950

 

Indian Laws – Bare Acts

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