Bare Acts

CHAPTER II SPECIAL PROVISIONS FOR THE APPLICATION OF ACT IN CERTAIN CASES


5. Application of Act to certain forces under the Central Government.—(1) The Central
Government may, by notification, apply, with or without modifications, all or any of the provisions of this
Act to any force raised and maintained in India and suspend the operation 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 said
force as they have effect in respect of persons subject to this Act holding in the Air Force the same or
equivalent 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 are
employed by, or are in the service of, or are followers of, or accompany any portion of the said force as
they 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, by
notification, direct by what authority any jurisdiction, powers or duties incident to the operation of these
provisions shall be exercised or performed in respect of the said force.
6. Special provision as to rank in certain cases.—(1) The Central Government may, by notification,
direct that any person or class of persons subject to this Act under clause (d) of section 2, shall be so
subject as officers, warrant officers or non-commissioned officers, and may authorise any officer to give a
like direction and to cancel such direction.
(2) All persons subject to this Act other than officers, warrant officers and non-commissioned officers
shall, if they are not persons in respect of whom a notification or direction under sub-section (1) is in
force, be deemed to be of rank inferior to that of a non-commissioned officer.
7. Commanding officer of person subject to air force law under clause (d) of section 2.—(1)
Every person subject to this Act, under clause (d) of section 2, shall, for the purposes of this Act, be
deemed to be under the commanding officer of the unit, or detachment, if any, to which he is attached,
and if he is not so attached under the command of any officer who may for the time being be named as his
commanding officer by the officer commanding the force with which such person may for the time being
be serving, or of any other prescribed officer, or, if no such officer is named or prescribed, under the
command of the said officer commanding the force.
(2) An officer commanding a force shall not place a person subject to this Act under clause (d) of
section 2 under the command of an officer of official rank inferior to that of such person if there is present
at the place where such person is any officer of higher rank under whose command he can be placed.
8. Officer exercising powers in certain cases.—(1) Whenever persons subject to this Act are serving
under an officer commanding any air force formation not in this section specifically named, and being, in
the opinion of the Central Government, not less than a squadron, the said Government may prescribe the
officer by whom the powers which, under this Act, may be exercised by air officers in charge of
commands, and officers commanding groups, wings and squadrons shall, as regards such persons, be
exercised.
(2) The Central Government may confer such powers either absolutely, or subject to such restrictions,
reservations, exceptions and conditions as it may think fit.
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9. Power to declare persons to be on active service.—Notwithstanding anything contained in
clause (i) of section 4, the Central Government may, by notification, declare that any person or class of
persons subject to this Act shall, with reference to any area in which they may be serving or with
reference to any provision of this Act or of any other law for the time being in force, be deemed to be on
active service within the meaning of this Act. 

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