THE ARMED FORCES (EMERGENCY DUTIES) ACT, 1947

 

(ACT No.15 of 1947)

[AS ON 1995]

 

THE ARMED FORCES (EMERGENCY DUTIES)

ACT, 1947

 

ACT No. 15 of 1947.{ The Act was extended to the new Provinces and merged States by the Merged States (Laws) Act, 1949 (59 of 1949), s. 3 and Sch.; to the States of Manipur, Tripura and Vindhya Pradesh  by the Part C States (Laws) Act, 1950 (30 of 1950), s.3; in Pondicherry on 1-10-1963 vide Reg. 7 of 1963, s.3  and Sch.I; to lakshadweep (w.e.f.1-10-1987); vide Reg. 8 of 10965, s.3 and Sch., to Goa, Daman and Diu with modifications by Reg. 12 of 1962, s.3 and Sch. and in Dadra and Nagar Haveli (w.e.f. 1-7-1965) by Reg. 6 of 1963, s.2 and Sch.I.}

 

[20th March, 1947.]

 

An Act to enable duties in connection with vital services to be imposed in an emergency on the

Armed Forces.{ The words  of the Crown omitted by the A.O.1950.}

Contents

1.Short title and extent

2.Emergency duties of Armed Forces

3.Violation of certain past commands

 

WHEREAS   it is expedient to enable duties in connection with vital services to be imposed in an emergency on the Armed Forces  .{ The words " of the Crown" omitted by the A.O. 1950.}

 

                It is hereby enacted as follows :-

 

               

1.Short title and extent

.-.{The brackets and figure "(l)" and sub-section (2) rep. by Act 4 of 1948, s.2.}. This Act may  be called the Armed Forces (Emergency Duties) Act, 1947.

 

                        .{ The brackets and figure "(l)" and sub-section (2) rep. by Act 4 of 1948, s.2.}

 

               

2.Emergency duties of Armed Forces

.-(1) The Central Government may, by notification in the Official Gazette, declare any specified service .{ The brackets and figure "(l)" and sub-section (2) rep. by Act 4 of 1948, s.2.} [in a State] to be a service of vital importance to the community:

 

                Provided that such notification shall remain in force for one month in the first instance, but may be extended, from time  to time, by a like notification.

 

                (2) Upon a declaration being made under sub-section (1) and until it is rescinded, it shall be the duty of every person subject to { Subs. by s.3 and Sch., ibid., for "the Indian Army Act, 1911, or the Indian Air Force Act, 1932".} [the Army Act, 1950 (46 of 1950) or the Air Force Act, 1950 945 of 1950)], or { Subs. by s.3 and Sch., ibid., for "the Indian Army Act, 1911, or the Indian Air Force Act, 1932".} .{ Subs. by Act 58 of 1960, s.3 and Sch.II, for "the Indian Navy (Discipline) Act,  1934".} [ the Navy Act, 1957 (62 of 1957)], to obey any command given by any superior officer in relation to employment upon or in connection with the service specified in the declaration;  and every such command shall be deemed to be a lawful command within the meaning and for the purposes of the said Acts.

               

               

3.Violation of certain past commands

.-Every command given, after the 30th day of September, 1946, and before the commencement of this Act, to any person referred to in sub-section (2) of section 2 by any superior officer in relation to employment  upon or in connection with any such service as the Central Government may, by notification in the Official Gazette, specify in this behalf, shall be deemed to have been a lawful command within the meaning and for the purposes of the Acts referred to in that sub-section, so however that no such person shall be punished by reason only of his not having obeyed any such command.

 

STATEMENT OF OBJECTS AND REASONS

 

The Armed Forces (Emergency Duties) Act, 1947 (XV of 1947) was passed early this year to enable the Central Government to authorise the use of persons subject to the Indian Army Act, 1911, the Indian Air Force Act, 1932 or the Naval Discipline Act, as set forth in the First Schedule to the Indian Navy (Discipline) Act, 1934, to maintain essential services in an emergency. This Act applies at present only to the Provinces of India.

 

With the accession of the most of the States to the Dominion of India, it is desirable that the Central Government should have the power to authorise the employment of the personnel referred to above for the maintenance over the Acceding States of any essential service in an emergency, if so requested by the Government of that State.  The Bill is designed to confer this power on the Central Government.

 

NEW DELHI;                                                                                                                                                                        BALDEV SINGH.

The 27th November, 1947.