No: 62 Dated: Aug, 22 1952

THE RESERVE AND AUXILIARY AIR FORCES ACT, 1952

ACT NO. 62 OF 1952

    An Act to provide for the constitution and regulation of certain Air Force Reserve and also an Auxiliary Air Force and for matters connected therewith.

BE it enacted by Parliament as follows:—

CHAPTER I

PRELIMINARY

1. Short title, extent and commencement. —(1) This Act may be called the Reserve and Auxiliary Air Forces Act, 1952.

(2) It extends to the whole of India.

(3) This Chapter shall come into force at once, and the remaining provisions shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions.

2. Definitions.—In this Act, unless the context otherwise requires,—

(a) “Air Force Reserve” means any of the Air Force Reserves raised and maintained under this Act;

(b) “competent authority” means an air officer or a committee consisting of two or more air officers appointed under section 3;

(c) “prescribed” means prescribed by rules made under this Act;

(d) all other words and expressions used herein and defined in the Air Force Act, 1950 (15 of 1950) and not hereinbefore defined shall have the meanings respectively assigned to them by that Act.

3. Appointment of competent authority.—The Central Government may, by notification in the Official Gazette, appoint an air officer3 or a committee consisting of two or more air officers to perform all or any of the functions of the competent authority under this Act for such area as may be specified in the notification.

CHAPTER II

REGULAR AIR FORCE RESERVE

4. Constitution of Regular Air Force Reserve.—The Central Government may raise and maintain in the manner hereafter in this Chapter provided an Air Force Reserve to be designated the Regular Air Force Reserve which shall consist solely of persons transferred or appointed to it under section 5.

5. Recruitment to the Regular Air Force Reserve.—(1) The competent authority may, by general or special order, transfer to the Regular Air Force Reserve—

(a) any officer or airman of the Air Force who under the terms and conditions of his service is liable to serve in any Air Force Reserve if and when constituted;

(b) any officer or airman of the Air Force whose commission or engagement in the Air Force has been terminated before the commencement of this Act and who under the terms of his commission or engagement was liable to serve in any Air Force Reserve if and when constituted;

(c) any officer or airman who has served in the Air Force and has retired therefrom; and any officer or airman so transferred shall be deemed to be a member of the said Reserve.

(2) The competent authority may, in such circumstances and subject to such conditions as may be prescribed, by special order, appoint to the Regular Air Force Reserve any member of the Air Defence Reserve or the Auxiliary Air Force raised and maintained under this Act, and where any such member is so appointed, he shall cease to be a member of the Air Defence Reserve or the Auxiliary Air Force, as the case may be, and shall as from the date of such appointment be deemed to be a member of the Regular Air Force Reserve.

(3) The competent authority may, for reasons which in its opinion are sufficient, cancel any order made under sub-section (1) or sub-section (2) and on the cancellation of such order the person in respect of whom the order had been made shall cease to be a member of the Regular Air Force Reserve.

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