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Army Act, 1950 Chapter V - Bare Act

StateCentral Government
Year
Section TitleService Privileges
Act Info:

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.


Section 26 - Remedy of aggrieved persons other than officers

(1) Anyperson subject to this Act other than an officer who deems himselfwronged by any superior or other officer may, if notattached to a troop or company, complain to the officer under whose command or orders heis serving; and may, if attached to a troop or company, complain to the officercommanding the same.

(2) When theofficer complained against is the officer to whom any complaint should,under sub-section (I), be preferred, the aggrieved personmay complain to such officer's next superior officer.

(3) Everyofficer receiving any such complaint shall make as complete aninvestigation into it as may be possible for giving full redress to thecomplainant; or, when necessary, refer the complaint to superior authority.

(4) Everysuch complaint shall be preferred in such manner as may from time totime be specified by the proper authority.

(5) TheCentral Government may revise any decision by 1 [the Chief of the Army Staff]under sub-section (2), but, subjectthereto, the decision of 1 [the Chief of the Army Staff] shall befinal.

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1. Substituted by Act 19 of 1955,sec. 2 and Sch., for "theCommander-in-Chief".


Section 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 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.


Section 28 - Immunity from attachment

Neither the arms, clothes, equipment, accoutrements or necessaries of any person subject to this Act, nor any animal used by him for the discharge of his duty, shall be seized, nor shall the pay and allowances of any such person or any part thereof be attached, by direction of any civil or revenue court or any revenue officer in satisfaction of any decree or order enforceable against him.


Section 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.


Section 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.


Section 31 - Privileges of reservists

Every person belonging to the Indian Reserve Forces 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.


Section 32 - Priority in respect of army 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 military 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 military authority shall state the first and last day of the leave for intended leave, and set forth a description of the case with respect to which the leave was granted or applied for.

(3) No lee 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.

(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 military authority qualified to grant such certificate as aforesaid, such question shall at once be referred by the court to an officer having power not less than a brigade or equivalent commander whose decision shall be final.


Section 33 - Saving of rights and privileges under laws

The rights and privileges specified in the preceding sections of this Chapter shall be in addition to, and not in derogation of, any other rights and privileges 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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