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Section 34 – The Reserve and Auxiliary Air Forces Act,1952

The Reserve and Auxiliary Air Forces Act,1952

Section 34. Power to make rules

(1) The Central Government may, by notification in the Official Gazette, make rules1 for carrying out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :

(a) the composition and strength of any Air Force Reserve;

(b) the circumstances in which and the conditions subject to which any officer or airman may be transferred or appointed to the Regular Air Force Reserve under section 5;

(c) the age beyond which persons shall not be liable to serve in the Regular Air force Reserve;

(d) the form and manner in which the particulars required by sub-section (2) of section 11 shall be furnished;

(e) the form and manner in which registers shall be maintained in pursuance of section 15, the particulars to be entered therein, and the correction or revision of such particulars from time to time;

(f) the pay or allowances payable to persons called up for inquiry or medical examination under this Act;

(g) the terms and conditions subject to which a person may be enrolled as a member of the Auxiliary Air Force;

(h) the authority by which and the conditions subject to which the service-of any officer or enrolled person in the Auxiliary Air Force may be terminated;

(i) the constitution and the duties, powers and procedure of Advisory Committees to be constituted under section 24;

(j) the period and manner of training of members of any Air Force Reserve and the Auxiliary Air Force;

(k) the manner in which and the conditions subject to which the rank of any member of an Air Force Reserve may be determined;

(l) the constitution of the authority for the purpose of section 27 and the manner in which such authority may conduct any inquiry under this Act;

(m) the authority to which an application under sub-section (3) of section 29 may be made and the manner in which the difference in the pay and allowances may be recovered under that subsection;

(n) the manner in which any notice or order issued or made under this Act may be served;

(o) the conditions subject to which any person may be exempted from any obligation or liability under this Act or any particular provision thereof;

(p) any other matter which under this Act is to be, or may be prescribed.

(3) Any rule made under this section may provide that a contravention thereof shall be punishable with fine which may extend to fifty rupees.

2[(4) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]

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1. See the Reserve and Auxiliary Air Forces Rules,1953, S.R.O. 175, dated 25-4-1953, published in Gazette of India,1953. Pt. II, See. 4, p. 187.

2. Substituted by Delegated Legislation Provisions (Amendment) Act (4 of 1986) S. 2 Sen. (15-6-86).

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The Reserve and Auxiliary Air Forces Act,1952

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