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The Army Act, 1950
Team SoOLEGAL 18 Jan 2022

The Army Act, 1950

“War is not just the shower of bullets and bombs from both side, it is also the shower of blood and bones on both sides.” – Amit Kalantri 

Introduction – An act to unify and revise the legislation governing the regular army’s administration.

Persons subjected to this Act –

a.     Officers, junior commissioned officers, and warrant officers of the regular Army are subject to this Act.

b.     Members of the Indian Supplementary Reserve Forces are called up for service or performing the yearly exam.

c.     Officers of the Territorial Army when performing their duties as such officers, and enrolled members of the said Army when called out, embodied or attached to any regular forces.

d.     Officers appointed to the Indian Regular Reserve of Officers when called upon to perform any duty or service for which they are obligated as members of such reserve forces.

Importance of Army – The Indian Army’s principal duty is to secure national security and national unity, to protect the nation from external aggression and domestic dangers, and to preserve peace and security inside its boundaries.

Role of Army – The army is the component of a country’s military that battles on the ground. Soldiers are members of the military. Soldiers execute a variety of tasks, including shooting opponents and creating defensive trenchers. They are employed to protect their nation or to assault the army of another country.

Commission and appointment – The president may give a commission as an officer or a junior commissioned officer to anybody he sees appropriate, or appoint anyone as a warrant officer of the regular Army.

Ineligibility of females for enrollment or employment – No female shall be eligible for enrollment or employment in the regular Army, except in such corps, department, branch or other body forming part of, or attached to, the regular Army as the Central Government may specify in this regard by notification in the official Gazette.

Mode of Enrollment – If, after complying with the provisions of section – 13, the enrolling officer is satisfied that the person desirous of being enrolled fully understands the questions put to him and consents to the conditions of services, and if such officer perceived no impediment, he shall sign and cause such person to sign the enrollment paper, and to such individual is assumed to be enlisted as a result.

Validity of enrollment – Any person who has been in receipt of pay as a person enrolled under this Act for three months and has been borne on the rolls of any corps or department shall be deemed to have been duly enrolled, and shall not be entitled to claim his discharge on the ground of any irregularity or illegality in his enrollment, or on any other ground whatsoever, and if any person in receipt of such pay and borne on the rolls as aforesaid claims his discharge before the expiry of three months from his enrolment, no such irregularity, illegality, or other ground shall affect his position as an enrolled person under this act or invalidate any proceedings, act, or thing taken or done prior to his discharge.

Conditions of Service – tenure of service under the Act – Everyone subject to this Act serves at the discretion of the President.

Termination of service by the Central Government – Subject to the provisions of this Act and the rules and regulations promulgated there under, the Central Government may dismiss or remove any person subject to this act from the service.

Dismissal, removal or reduction of officers by the Chief of the Army Staff and other officers – Any individual subject to this act who is not an officer may be dismissed or removed from service by the Chief of the Army Staff. Any warrant officer or non – commissioned officer may be reduced to a lesser grade or rank or ranks by the Chief of the Army staff. An officer with the authority of a brigade or comparable commander, or any prescribed officer, has the authority to dismiss or remove from service any individual serving under his command who is not n officer or a junior commissioned officer.

Retirement, release or discharge – Any person covered by this Act may be retired, released or dismissed from service by the authority and in the manner authorized. A person who is subject to the AA remains so until he is retired, released, removed, discharged, dismissed or cashiered from the military. Though rules may specify age limitations for obligatory retirement in certain positions, everyone subject to the AA serves at the discretion of the President and so has no entitlement to be maintained in service until he reaches such age limit.

Certificate of termination of service – Every Junior commissioned officer, warrant officer, or enrolled person who is dismissed, removed, discharged, retired, or released from the service shall be issued a certificate by his commanding officer, in both his native language and English, stating –

a.     The authority terminating his service.

b.     The reason for such termination;

c.     The whole length of his regular Army duty.

Discharge or dismissal when out of India – Any person enrolled under this act who is entitled under the conditions of his enrolment to be discharged, or whose discharge is ordered by competent authority, and who, when so entitled or ordered to be discharged, is serving outside of India, shall be sent to India as soon as possible before being discharged. Any individual enlisted under this Act who is removed from the service and is serving outside of India at the time of his dismissal should be returned to India as soon as possible.

Offences in relation to the enemy and punishable with death – Any person subject to this act who omits any of the following offences, namely – Shamefully abandons or surrenders any garrison, fortress, station, place, or guard assigned to his care, or which it is his responsibility to defend, or employs any methods to persuade or encourage any commanding officer or other person to execute any of the aforementioned actions intentionally employs any methods to coerce or encourage anybody subject to military, naval or air force law to refrain from acting against the enemy, or to dissuade such a person from acting against the enemy.

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