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Army Act, 1950 Section 83

Title: Punishment of Officers, Junior Commissioned Officers and Warrant Officers by Brigade Commanders and Others

State: Central

Year: 1950

An officer having power not less than a brigade, or an equivalent commander or such other officer as is, with the consent of the Central Government specified by1[the Chief of the Army Staff] may, in the prescribed manner, proceed against an officer below the rank of a field officer, a junior commissioned officer or a warrant officer, who is charged with an offence under this Act, and award one or more of the following punishments, that is to say,-- (a) severe reprimand or reprimand; (b) stoppage of pay and allowances until any proved loss or damage occasioned by the offence of which he is convicted is made good. ______________________ 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 83

Title: Requirement of Sanction in Certain Cases

State: Central

Year: 1950

(1) Subject to the provisions of subsection (2), the punishments mentioned in section 82 shall not be inflicted in respect of an offence under any of the sections 34, 35 and 36 when committed on active service or under any of the sections 37, 38, 40, 42(f) and (g), 43, 47, 52, 60, 62, 63, 64, 66(a), (b) and (c) and 71 except with the previous sanction in writing of an officer having power to convene a district court-martial. (2) The said punishments may be awarded without such sanction in the case of any offence, other than an offence under section 34 or section 71, committed by persons who have not been enrolled as combatants.

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Constitution of India Article 83

Title: Duration of Houses of Parliament

State: Central

Year: 1950

(1) The Council of States shall not be subject to dissolution, but as nearly as possible one-third of the members thereof shall retire as soon as may be on the expiration of every second year in accordance with the provisions made in that behalf by Parliament by law. (2) The House of the People, unless sooner dissolved, shall continue for1[five years] from the date appointed for its first meeting and no longer and the expiration of the said period of1[five years] shall operate as a dissolution of the House: Provided that the said period may, while a Proclamation of Emergency is in operation, be extended by Parliament by law for a period not exceeding one year at a time and not extending in any case beyond a period of six months after the Proclamation has ceased to operate. ________________________ 1. Substituted by the Constitution (Forty-fourth Amendment) Act, 1978, section 13, for "six years" (w.e.f. 20-6-1979). The words "six years" were Substituted for the original words "five years" by the Constitution (Forty-second Amendment) Act, 1976, section 17 (w.e.f. 3-1-1977).

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Air Force Act, 1950 Section 100

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 dependant 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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Air Force Act, 1950 Section 110

Title: Power to Convene a General Court-martial

State: Central

Year: 1950

A general court-martial may be convened by the Central Government or1[the Chief of the Air Staff] or by any officer empowered in this behalf by warrant of2[the Chief of the Air Staff]. ______________________ 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). 2. Substituted for the words "the Commander-in-Chief" by the Commanders-in-Chief (Change in Designation) Act (19 of 1955), S. 2 and Sch. (1-5-1955).

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Air Force Act, 1950 Section 109

Title: Different Kinds of Courts-martial

State: Central

Year: 1950

For purposes of this Act there shall be three kinds of courts-martial, that is to say,-- (a) general courts-martial. (b) district courts-martial. (c) summary general courts-martial.

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Air Force Act, 1950 Section 107

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 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.

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Air Force Act, 1950 Section 106

Title: Capture of Deserters

State: Central

Year: 1950

(1) Whenever any person subject to this Act deserts, the commanding officer of the unit, 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 whole apprehension a warrant had been issued by a magistrate; and shall deliver the deserter, when apprehended, into air force 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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Air Force Act, 1950 Section 105

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 air force custody of such person upon receipt of a written application to that effect signed by his commanding officer.

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Air Force Act, 1950 Section 102

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 air force custody. (2) Any such person may be ordered into air force custody by any superior officer. (3) Any officer may order into air force custody any officer, though he may be of a higher rank, engaged in a quarrel, affray or disorder.

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