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Army Act, 1950 Section 142 - Bare Act

StateCentral Government
Year
Section TitlePresumption as to Certain Documents
Act Info:

(1) A letter, return or other documentrespecting the service of any person, or the cashiering, dismissal or dischargeof any person from, any portion of the regular Army, or respecting thecircumstance of any person not having served in, or belonged to, any portion ofthe Forces, if purporting to be signed by or on behalf of the CentralGovernment or 1 [the Chief of the Army Staff], or by any prescribedofficer, shall be evidence of the facts stated in such letter,return or other document.

(2) An Army,Navy or Air Force List of Gazette purporting to be published by authority shall beevidence of the status and rank of the officers, junior commissioned officersor warrant officers therein mentioned, and of anyappointment held by them and of the corps, battalion or arm orbranch of the services to which they belong.

(3) Where arecord is made in any regimental book in pursuance of this Act or of any rulesmade thereunder or otherwise in pursuance of military duty, and purports tobe signed by the commanding officer or by the officer whose duty it is to makesuch record, such record shall be evidence of the factstherein stated.

(4) A copyof any record in any regimental book purporting to be certified to be a truecopy by the officer having custody of such book shall be evidence of suchrecord.

(5) Whereany person subject to this Act is being tried on a charge ofdesertion or of absence without leave, and such person has surrendered himselfinto the custody of any officer or other person subject tothis Act, or any portion of the regular Army, or has been apprehended by suchofficer or person, a certificate purporting to be signed by such officer, or bythe commanding officer of that portion of the regular Army, or by thecommanding officer of the corps, department or detachmentto which such person belongs, as the case may be, and stating the fact, dateand place of such surrender or apprehension, and the manner in which he was dressed, shall beevidence of the matters so stated.

(6) Whereany person subject to this Act is being tried on a charge ofdesertion or of absence without leave, and such person has surrendered himselfinto the custody of, or has been apprehended by, a police officer not below therank of an officer in charge of a police station, a certificate purporting tobe signed by such police officer and stating the fact, date and place of suchsurrender or apprehension and the manner in which he was dressed shall beevidence of the matters so stated.

(7) Anydocument purporting to be a report under the hand of any Chemical Examiner orAssistant Chemical Examiner to Government 2 [or any of the Governmentscientific experts, namely, the Chief Inspector of the Explosives, the Directorof Finger Print Bureau, the Director, Haffkeine Institute,Bombay, theDirector of a Central Forensic Science Laboratory or a State Forensic ScienceLaboratory and the Serologist to the Government] upon any matter or thing duly submittedto him for examination or analysis and report may be used as evidence inany proceeding under this Act.

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

2.Inserted by Act 37 of 1992, sec. 15 (w.e.f. 6-9-1992).




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