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Road Transport Corporations Act, 1950 Section 50

Title: Appointment of Magistrates

State: Central

Year: 1950

(1) The State Government may appoint one or more magistrates of the first or second class for the trial of offences against this Act or any rule or regulation made thereunder or any bye-law continued thereunder and may prescribe the time and place at which such magistrate or magistrates shall sit for the despatch of business. (2) Such magistrates and the members of their staff shall be paid such salary, pension, leave and other allowances as may, from time to time, be fixed by the State Government. (3) The new Corporation shall out of its fund, pay to the State Government the amounts of the salary, pension, leave and other allowances as fixed under sub-section (2) together with all other incidental charges in connection with the establishments of the said magistrates. (4) Such Magistrates shall have jurisdiction over the whole of the Union territory of Delhi. (5) For the purposes of the Code of Criminal Procedure, 1898, all magistrates appointed under this section shall be deemed to be magistrates appointed under section 12 of that Code.

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Army Act, 1950 Section 99

Title: Provision for Dependants of Prisoner of War from His Pay and Allowances

State: Central

Year: 1950

It shall be lawful for proper provision to be made by the prescribed authorities for any dependants of any person subject to this Act who is a prisoner of war or is missing, out of his pay and allowances.

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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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Army Act, 1950 Section 106

Title: Inquiry into Absence Without Leave

State: Central

Year: 1950

(1) When any person subject to this Act has been absent from his duty without due authority for a period of thirty days, a court of inquiry shall, as soon as practicable, be assembled, and such court shall, on oath or affirmation administered in the prescribed manner, inquire respecting the absence of the person, and the deficiency, if any, in the property 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.

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Army Act, 1950 Section 105

Title: Capture of Deserters

State: Central

Year: 1950

(1) Whenever any person subject to this Act deserts. the commanding officer of the corps, department or detachment to which he belongs, shall give written information of the desertion to such civil authorities as, in his opinion, may be able to afford assistance towards the capture of the deserter; and such authorities shall thereupon take steps for the apprehension of the said deserter in like manner as if he were a person for whose apprehension a warrant had been issued by a magistrate, and shall deliver the deserter, when apprehended, into military custody. (2) Any police officer may arrest without warrant any person reasonably believed to be subject to this act, and to be a deserter or to be travelling without authority, and shall bring him without delay before the nearest magistrate, to be dealt with according to law.

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Army Act, 1950 Section 104

Title: Arrest by Civil Authorities

State: Central

Year: 1950

Wherever any person subject to this Act, who is accused of any offence under this Act, is within the jurisdiction of any magistrate or police officer, such magistrate or police officer shall aid in the apprehension and delivery to military custody of such person upon receipt of a written application to that effect signed by his commanding officer.

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Army Act, 1950 Section 103

Title: Interval Between Committal and Court-martial

State: Central

Year: 1950

In every case where any such person as is mentioned in section 101 and as is not on active service remains in such custody for a longer period than eight days, without a court-martial for his trial being ordered to assemble, a special report giving reasons for the delay shall be made by his commanding officer in the manner prescribed, and a similar report shall be forwarded at intervals of every' eight days until a court-martial is assembled or such person is released from custody.

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Army Act, 1950 Section 102

Title: Duty of Commanding Officer in Regard to Detention

State: Central

Year: 1950

(1) It shall be the duly of every commanding officer to lake care that a person under his command when charged with an offence is not detained in custody for more than forty-eight hours after the committal of such person into custody is reported to him, without the charge being investigated, unless investigation within that period seems to him to be impracticable having regard to the public service. (2) The case of every person being detained in custody beyond a period of forty-eight hours, and the reason thereof, shall be reported by the Commanding Officer to the General or other officer to whom application would be made to convene a general or district court-martial for the trial of the person charged. (3) In reckoning the period of forty-eight hours specified in sub-section (1), Sundays and other public holidays shall be excluded. (4) Subject to the provisions of this Act, the Central Government may make rules providing for the manner in which and the period for which any person subject to this Act may be taken into and detained in military custody, pending the trial by any competent authority for any offence committed by him.

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Army Act, 1950 Section 101

Title: Custody of Offenders

State: Central

Year: 1950

(1) Any person subject to this Act who is charged with an offence may be taken into military custody. (2) Any such person may be ordered into military custody by any superior officer. (3) An officer may order into military custody any officer, though he may be of higher rank, engaged in a quarrel, affray or disorder.

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Army Act, 1950 Section 100

Title: Period During Which a Person is Deemed to Be a Prisoner of War

State: Central

Year: 1950

For the purposes of sections 98 and 99, a person shall be deemed to continue to be a prisoner of war until the conclusion of any inquiry into his conduct such as is referred to in section 96. and if he is cashiered or dismissed from the service in consequence of such conduct, until the date of such cashiering or dismissal.

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