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Section 1 – The Reserve and Auxiliary Air Forces Act,1952

The Reserve and Auxiliary Air Forces Act,1952

Section 1. Short title, extent and commencement

1[THE] RESERVE AND AUXILIARY AIR FORCES ACT,1952

(ACT 62 OF 1962)

[22nd August,1952],

[The text of the Act printed here is as on 31-08-1998.]

An Act to provide for the constitution and regulation of certain Air Force Reserves and also an Auxiliary Air Force and for matters connected therewith.

Be it enacted by Parliament as follows:

STATEMENT OF OBJECTS AND REASONS

“It is necessary to constitute certain Reserves for the Air Force in order to enable quick expansion in an emergency. The Reserves proposed will be constituted from outgoing Indian Air Force personnel, civilian pilots and technicians, and by raising an Auxiliary Force of volunteers from the public.

2. Regular Air Force Reserve.

The Regular Air Force Reserve will consist of Indian Air Force officers and airmen transferred after completion or termination of the period of their regular service to this Reserve subject to the existence of vacancies. The initial period of Reserve service will normally be 5 years for officers and 6 years for airmen subject also to their reaching such age limit as may be prescribed by the Government.

Those extended Service Commissioned Officers whose term of employment expires prior to the formation of this Reserve will also be liable to serve in the Reserve.

3. Air Defence Reserve.

The constitution of the Air Defence Reserve requires that a census should be taken of the civilian technical man-power available in the country which could be utilised if occasion arises. All persons within certain age limits possessing certain flying or other technical qualifications would be required to furnish certain particulars lo the appropriate authority and submit themselves for medical examination. A register of persons who are fit for service would be maintained, and if and when occasion arises persons whose names are entered in the register will be called out for service. It is, necessary to have legislation for this purpose on account of the shortage of trained personnel which obtains at present, and which is likely to persist for some time; and also to safeguard the interests of those who are called out from their jobs for training or required to serve in an emergency.

Provision is made requiring civil employers to grant any enrolled person such leave as may be necessary and to have him reinstated into civil employment after the termination of the period during which he has been called out.

4. Auxiliary Air Force.-

The Auxiliary Air Force allows the enrolment of civilian volunteers (including Government servants) to give them part-time Air Force training. This provides for the fighter defence of the locality, in which its self-contained units and squadrons are raised. It may be looked at as the Territorial Army’s air counterpart.

Advisory Committees will be set up in big towns, where it is intended to locate the Auxiliary Air Force Squadrons to maintain close liaison with the civil side. These Committees will serve also as a link between the Auxiliary Air Force and the Indian Territorial Army and assist the Commanding Officers of the Units concerned to recruit civilian personnel.

The period of service in the Auxiliary Air Force will normally be five years in the first instance.

5.

The period of training will be prescribed in the rules made by the Central Government from time to time and care will be taken to see that the training is so arranged that minimum dislocation of normal civil duties is caused.

6.

The composition of the Reserves, the ranks of the persons enrolled and other allied matters will be regulated by rules made by the Central Governm ent and it is intende d to build these Reserves gradually . Gaz. of Ind.,1952, Pt. II, S. 2, p. 177.

ACT HOW AFFECTED BY SUBSEQUENT LEGISLATION

Repealed in part by Act 36 of 1957.

Awarded by Act 4 of 1980.

COGNATE ACTS AND PROVISIONS

1. Aircraft Act,22 of 1934.

2. Army Act, 46 of 1950.

3. Army and Air Force (Disposal of Private Property) Act, 40 of 1950.

4. Armed Forces (Emergency Duties) Act,15 of 1947.

5. Commanders-in-Chief (Change in Designation) Act,19 of 1955.

6. Indian Soldiers (Litigation) Act, 4 of 1925.

7. National Cadet Corps Act, 31 of 1948.

8. Navy Act, 62 of 1957.

9. Naval Armament Act, 7 of 1923.

10. Territorial Army Act, 56 of 1948.

11. Indian Reserve Forces Act, 4 of 1888.

12. Border Security Force Act, 47 of 1968.

——————–

1. For Statement of Objects and Reasons, see Gaz. of Ind.,1952, Pt. II, Sec. 2, page 177; for Report of Select Committee, see ibid, p. 379,

(1) This Act may be called the Reserve and Auxiliary Air Forces Act,1952.

(2) It extends1 to the whole of India.

(3) This Chapter shall come into force at once, and the remaining provisions shall come into force on such date2 as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions.

——————–

1. It has been extended to the Union Territory of

(1) Dadra and Nagar Haveli by Regn. 6 of 1963 (1-7-1965);

(2) Pondicherry by Regn. 7 of 1963 (1-10-1963); and

(3) State of Sikkim S. O. 208 (E)/ 1975 Gaz. of Ind.,16-5-1975. Pt. II, Section 3(ii), Ext., p. 1213. enforced on 1-5-1976.

2. 15th August,1955, was appointed as the date on which Chapters II and III of the Act and the provisions of Chapters V and VI thereof except In so far as they relate to the Auxiliary Air Force came into force, see S. R. 0. 322, D/- 20-8-1955 published in Gaz. of Ind.,1955, Pt. Sec. 4, p. 189; and 15th October,1955 was appointed as the date on which Chapter IV of the Act and the provisions of Chapters V and VI thereof in so far as they relate to the Auxiliary Air Force came into force, see S.R.O., 395, P/- 15-10-1955, ibid, p. 259.

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