ARMED FORCES (EMERGENCY DUTIES) ACT 1947
ACT NO. 15 OF 1947
An Act to enable duties in collection with vital services to be imposed in an emergency on the Armed Forces 2 * * * WHEREAS it is expedient to enable duties in connection with vital services to be imposed in an emergency on the Armed Forces 2* * *; It is hereby enacted as follows :-
Short title and extent. 1. Short title and extent. 3* This Act may be called the Armed Forces (Emergency Duties) Act, 1947. 3* * * * *
Emergency duties of Armed Forces.
2. Emergency duties of Armed Forces. (1) The Central Government may, by notification in the Official Gazette, declare any specified service 4[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(2) Upon a declaration being made under sub-section (1) and until it is rescinded, it shall be the duty of every person subject to 5[the Army Act, 1950, (46 of 1950.) or the Air Force Act, 1950], (45 of 1950.) or 6* * * * 7[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 ———————————————————————- 1 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. and to the States of Manipur, Tripura and Vindhya Pradesh by the Part C States (Laws) Act, 1950 (30 of 1950), s. 3. This Act has been extended to- Goa. Daman and Diu with modifications by Reg. 12 of 1962, s. 3 and Sch. and comes into force in Pondicherry vide Reg. 7 of 1963, s. 3 and Sch. I (w.e.f. 1-10-1963), and brought into force in Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Sch. I (w.e.f. 1-7-1965). Lakshadweep vide Reg 8 of 1965, s. 3 and Sch. (w.e.f. 1-10-1967). 2 The words “of the Crown” were omitted by the A. O. 1950.
3 The brackets and figure “(1)” and sub-section (2) rep. by Act 4 of 1948, s. 2. 4 Subs. by Act 3 of 1951, s. 3 and Sch., for “in a Part A State or a Part C “. State or, if so requested by the Government of a Part B State, any specified service in that State. 5 Subs ibid., for “the Indian Army Act, 1911, or the Indian Air Force Act, 1932″. 6 The words “the Naval Discipline Act, in the form in which it is set forth in the First Schedule to” rep. by the A. O. 1950. 7 Subs. by Act 58 of 1960. s. 3 and Sch. II. for “the Indian Navy (Discipline) Act, 1934″. ———————————————————————— 106 a lawful command within the meaning and for the purposes of the said Acts.
Validation of certain past commands. 3. Validation 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.