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Army Act, 1950 Section 107

Title: Provost-marshals

State: Central

Year: 1950

.....3) A provost-marshal may at any time arrest and detain for trial any person subject to this Act who commits, or is charged with an offence, and may also carry into effect any punishment to be inflicted in pursuance of the sentence awarded by a court-martial, or by an officer exercising authority under section 80 but shall not inflict any punishment on his own authority: Provided that no officer shall be so arrested or detained otherwise than on the order of another officer. ( 4) For the purposes of sub-sections ( 2) and ( 3), a provost-marshal shall be deemed to include a provost-marshal appointed under any law for the time being in force relating to the Government of the Navy or Air Force, and any person legally exercising authority under him or on his behalf. _____________________ 1 . Substituted b y Act 19 of 1955 , sec. 2 and Sch., for "the Commander-in-Chief."

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Air Force Act, 1950 Section 108

Title: Provost-marshals

State: Central

Year: 1950

.....Act who commits, or is charged with, an offence, and may also carry into effect any punishment to be inflicted in pursuance of the sentence awarded by a court-martial, or by an officer exercising authority under section 82 but shall not inflict any punishment on his own authority : Provided that no officer shall be so arrested or detained otherwise than on the order of another officer. (4) For the purposes of sub-sections (2) and (3), a provost-marshal shall be deemed to include a provost-marshal appointed under the Army Act or the Navy-Act and any person legally exercising authority under him or on his behalf. _____________________________ 1. Substituted for the words "the Commander-in-Chief" by the Commanders-in-Chief (Change in Designation) Act, (19 of 1955), S. 2 and Sch. (7-5-1955).

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Navy Act, 1957 Section 89

Title: Provost-marshals

State: Central

Year: 1957

(1) Provost-marshals may be appointed by the Chief of the Naval Staff or the prescribed officer. (2) The duties of a provost-marshal or to take charge of persons in naval custody, to preserve good order and discipline and to prevent breaches of the same by persons subject to naval law or to the law in force relating to the Government of the regular Army or the Air Force. (3) A provost-marshal may at any time arrest and detain for trial any person subject to naval law who commits, or is charged with, an offence and may also carry into effect any punishment to be inflicted in pursance of a sentence passed under this Act, but shall not inflict any punishment on his own authority: Provided that no officer shall be so arrested or detained otherwise than on the order of anotherofficer. (4) For the purpose of sub-sections (2) and (3), a provost-marshal shall be deemed to include a provost-marshal and any of his assistants appointed under the law in force relating to the government of the regular Army or the Air Force.

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Air Force Act, 1950 Complete Act

State: Central

Year: 1950

.....or confinement of a person according to the usages of the service and includes military or naval custody: (vi) "air force law" means the law enacted by this Act and the rules made there under and includes the usages of the service; (vii) "air force reward" includes any gratuity or annuity for long service or good conduct, badge pay or pension, and any other air force pecuniary reward; (viii) "airman" means any person subject to this Act other than an officer; (ix) "air officer" means any officer of the Air Force above the rank of group captain; (x) "air signal" means any signal intended for the guidance of aircraft, whether given by flag, ground signal, light, wind indicator or in any manner whatsoever: (xi) "Chief Legal Adviser" means a person appointed as such by5[the Chief of the Air Staff] to give advice on matters relating to air force law and to perform such other duties of a legal character as may arise in connection therewith; (xii) "civil offence" means an offence which is triable by a criminal court; (xiii) "civil prison" means any jail or place used for the detention of any criminal prisoner under the Prisons Act, 1894-, or under any other law for the time.....

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Army Act, 1950 Complete Act

State: Central

Year: 1950

.....British Act which one mainly to the peculiar traditions of the British Navy, is materially different in many respects from the British Army Act and Air Force Acts. The revision of the Naval Discipline Act has, therefore, proved a more difficult problem. In the United Kingdom, a special committee has been appointed to examine the question of revision of the British Naval Act It was felt that it would be an advantage to await the report of that committee and benefit by its recommendations, The revision of the Naval Discipline Act has, therefore, been suspended for the present. It is expected that the Committee's report will be available within the next few months, after which the revision of the Naval Discipline Act will be taken up. It is, however, not considered necessary to delay the revision of the Army and Air Force Acts any longer and they are therefore being introduced during this session of the Legislature. 3. The main objects of the revision of the Army Act are (a) to make it self-sufficient by incorporating the relevant provisions from certain other related enactments; (b) to adapt the existing provisions to suit the new constitutional set up and present day.....

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Navy Act, 1957 Complete Act

State: Central

Year: 1957

.....to the Indian Naval Forces. When the constitutional changes took place, action was taken to adapt this Act and it now appears as a self-contained Act. 2. This Act dealt largely with disciplinary provisions. There were no statutory provisions concerning the various matters of administration, enrolment, grant of commissions etc. 3. It was long considered that this lacuna should be filled and when the constitutional changes took place it became evident that it would be necessary to have a consolidating statute on the subject. In the meantime, in 1950, the revised Army Act and Air Force Act were passed by Parliament. It was not possible at that time to draft a revised Navy Bill as the present Act was modelled mainly on the corresponding British Act. In U.K., a special committee had been appointed to examine the question of the revision of the British Naval Code. It was thought that it would be an advantage to await the report of that Committee. The present draft has been made taking into account the report of that Committee. 4. In drawing up the present Bill, the provisions of the Army and Air Force Acts have been borne in mind, but changes have had to be accepted on account of.....

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Navy Act, 1957 Chapter X

Title: Arrest

State: Central

Year: 1957

.....any person who is duly committed to his custody. ________________________ 1. Substituted for the word "seamen" and "seaman" by the Navy (Amdt.) Act, 1974 (53 of 1974), Section 2 (16-12-1974). Section 88 - Procedure before trial Subject to the provisions of this Act, the procedure before trial and the manner of investigation shall be as prescribed. Section 89 - Provost-marshals (1) Provost-marshals may be appointed by the Chief of the Naval Staff or the prescribed officer. (2) The duties of a provost-marshal or to take charge of persons in naval custody, to preserve good order and discipline and to prevent breaches of the same by persons subject to naval law or to the law in force relating to the Government of the regular Army or the Air Force. (3) A provost-marshal may at any time arrest and detain for trial any person subject to naval law who commits, or is charged with, an offence and may also carry into effect any punishment to be inflicted in pursance of a sentence passed under this Act, but shall not inflict any punishment on his own authority: Provided that no officer shall be so arrested or detained otherwise than on the order of anotherofficer. (4).....

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Army Act, 1950 Chapter IX

Title: Arrest and Proceedings Before Trial

State: Central

Year: 1950

.....of the Government entrusted to his care, or in any arms, ammunition, equipment, instruments, clothing or necessaries; and if satisfied of the fact of such absence without due authority or other sufficient cause, the court shall declare such absence and the period thereof, and the said deficiency, if any, and the commanding officer of the corps or department to which the person belongs shall enter in the court-martial book of the corps or department a record of the declaration. (2) If the person declared absent does not afterwards surrender or is not apprehended, he shall, for the purposes of this Act, be deemed to be a deserter. Section 107 - Provost-marshals ( 1) Provost-marshals may be appointed by1[the Chief of the Army Staff] or by any prescribed officer. ( 2) The duties of a provost-marshal are to take charge of persons confined for any offence, to preserve good order and discipline, and to prevent breaches of the same by persons serving in, or attached to, the regular Army. ( 3) A provost-marshal may at any time arrest and detain for trial any person subject to this Act who commits, or is charged with an offence, and may also carry into effect any.....

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Air Force Act, 1950 Chapter IX

Title: Arrest and Proceedings Before Trial

State: Central

Year: 1950

.....of the Government entrusted to his care, or in any arms, ammunition, equipment, instruments, clothing or nedessaries, and if satisfied of the fact of such absence without due authority, or other sufficient cause, the Court shall declare such absence and the period thereof, and the said deficiency, if any; and the commanding officer of the unit to which the person belongs shall enter in the court-martial book of the unit a record of declaration. (2) If the person declared absent does not afterwards surrender or is not apprehended, he shall, for the purposes of this Act, be deemed to be a deserter. Section 108 - Provost-marshals (1) Provost-marshals may be appointed by1[the Chief of the Air Staff], or by any prescribed officer. (2) The duties of a provost-marshal are to take charge of persons confined for any offence, to preserve good order and discipline, and to prevent breaches of the same by persons serving in, or attached to, the Air Force. (3) A provost-marshal may at any time arrest and detain for trial any person subject to this Act who commits, or is charged with, an offence, and may also carry into effect any punishment to be inflicted in pursuance of the.....

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Army Act, 1950 Chapter VI

Title: Offences

State: Central

Year: 1950

.....Any person subject to this Act who deserts or attempts to desert the service shall, on conviction by court-martial, if he commits the offence on active service or when under orders for active service, be liable to suffer death or such less punishment as is in this Act mentioned; and if he commits the offence under any other' circumstances, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned. (2) Any person subject to this Act who, knowingly harbours any such deserter shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned. (3) Any person subject to this Act, who, being cognizant of any desertion or attempt at desertion of a person subject to this Act, does not forthwith give notice to his own or some other superior officer, or take any steps in his power to cause such person to be apprehended, shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned. Section 39 - Absence without.....

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