Bare Acts

CHAPTER V SERVICE PRIVILEGES


25. Authorised deductions only to be made from pay.—The pay of every person subject to this Act
due to him as such under any regulation, for the time being in force, shall be paid without any deduction
other than the deductions authorised by or under this or any other Act.
26. Remedy of aggrieved airmen.—(1) Any airman who deems himself wronged by any superior or
other officer may, if not attached to a unit or detachment, complain to the officer under whose command
or orders he is serving; and may, if attached to a unit or detachment, complain to the officer commanding
the same.
(2) When the officer complained against is the officer to whom any complaint should, under
sub-section (1), be preferred, the aggrieved airman may complain to such officer's next superior officer,
and if he thinks himself wronged by such superior officer, he may complain to 1
[the Chief of the Air
Staff.]
(3) Every officer receiving any such complaint shall make as complete an investigation into it as may
be possible for giving full redress to the complainant; or, when necessary, refer the complaint to superior
authority.
(4) Every such complaint shall be preferred in such manner as may from time to time be specified by
the proper authority.
(5) The Central Government may revise any decision by a 1
[the Chief of the Air staff] under
sub-section (2), but subject thereto, the decision of 1
[the Chief of the Air Staff] shall be final.
27. Remedy of aggrieved officers.—Any officer who deems himself wronged by his commanding
officer or any superior officer and who on due application made to his commanding officer does not

1. Subs. by Act 19 of 1955, s. 2 and the Schedule, for “the Commander-in-Chief” (w.e.f. 7-5-1955).
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receive the redress to which he considers himself entitled, may complain to the Central Government in
such manner as may from time to time be specified by the proper authority.
28. Immunity from attachment.—The arms, clothes, equipment, accoutrements or necessaries of
any person subject to this Act shall not be seized, and the pay and allowances of any such person or any
part thereof shall not be attached, by direction of any civil or revenue court or any revenue officer, in
satisfaction of any decree or order enforceable against him.
29. Immunity from arrest for debt.—(1) No person subject to this Act shall, so long as he belongs
to the Forces be liable to be arrested for debt under any process issued by, or by the authority of, any civil
or revenue court or revenue officer.
(2) The judge of any such court or the said officer may examine into any complaint made by such
person or his superior officer of the arrest of such person contrary to the provisions of this section, and
may, by warrant under his hand, discharge the person, and award reasonable costs to the complainant,
who may recover those costs in like manner as he might have recovered costs awarded to him by a decree
against the person obtaining the process.
(3) For the recovery of such costs no court-fee shall be payable by the complainant.
30. Immunity of persons attending courts-martial from arrest.—(1) No presiding officer or
member of a court-martial, no judge advocate, no party to any proceeding before a court-martial, or his
legal practitioner or agent, and no witness acting in obedience to a summons to attend a court-martial
shall, while proceeding to, attending, or returning from, a court-martial, be liable to arrest under civil or
revenue process.
(2) If any such person is arrested under any such process, he may be discharged by order of the
court-martial.
31. Privileges of reservists.—Every person belonging to 1
[any Air Force Reserve or the Auxiliary
Air Force] shall, when called out for, or engaged in, or returning from, training or service, be entitled to
all the privileges accorded by sections 28 and 29 to a person subject to this Act.
32. Priority in respect of Air Force personnel's litigation.—(1) On the presentation to any court
by or on behalf of any person subject to this Act of a certificate, from the proper air force authority, of
leave of absence having been granted to or applied for by him for the purpose of prosecuting or defending
any suit or other proceeding in such court, the court shall, on the application of such person, arrange, so
far as may be possible, for the hearing and final disposal of such suit or other proceeding within the
period of the leave so granted or applied for.
(2) The certificate from the proper air force authority shall state the first and last day of the leave or
intended leave, and set forth a description of the case with respect to which the leave was granted or
applied for.
(3) No fee shall be payable to the court in respect of the presentation of any such certificate, or of any
application by or on behalf of any such person, for priority for the hearing of his case.

1. Subs. by Act 62 of 1952, s. 35, for “the Air Force Reserve” (w.e.f. 15-8-1955).
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(4) Where the court is unable to arrange for the hearing and final disposal of the suit or other
proceeding within the period of such leave or intended leave as aforesaid, it shall record its reasons for its
inability to do so, and shall cause a copy thereof to be furnished to such person on his application without
any payment whatever by him in respect either of the application for such copy or of the copy itself.
(5) If in any case a question arises as to the proper air force authority qualified to grant such
certificate as aforesaid. Such question shall be at once referred by the court to an officer having power not
less than a group commander or equivalent commander whose decision shall be final.
33. Saving of rights and privileges under other laws.—The rights and privileges specified in the
preceding sections of this Chapter shall be in addition to any others conferred on persons subject to this
Act or on members of the regular Army, Navy and Air Force generally by any other law for the time
being in force. 

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