AIR FORCE ACT

Arrangement of Sections

1. Short title.

PART I

Organisation of the Air Force

2. Sri Lanka Air Force.

3. Regular Air Force.

4. Regular Air Force Reserve.

5. Volunteer Air Force.

6. Volunteer Air Force Reserve.

7. Training.

8. Commander of the Air Force.

PART II

Officers

9. Appointment of officers.

10. Duration of appointments.

11. Resignation.

12. Promotion, transfer, and leave.

PART III

Airmen

13. Enlistment.

14. Original enlistment and re-engagement.

15. Reckoning and forfeiture of.

16. Promotion, transfer, discharge.

17. Reduction to rank of airman.

PART IV

Service

18. Duties of members of Air force.

19. Active service.

20. Report to Parliament.

21. Prolongation of service in the Air Force.

22. Relations between air and naval and military forces of Sri Lanka acting together.

23. Co-operation with foreign air force.

23A. Performance of certain other duties by members of the Air Force.

PART V

Pay, Allowances, Pensions, and Gratuities

24. Emoluments of members of the Regular Air Force and of other members of the Air Force who are on active service.

25. Allowances of officers and airmen who are not members of the Regular Air Force and are not on active service.

26. Making and remission of deductions.

27. Penal deductions from the pay due to an officer.

28. Penal deductions from the pay due to an airman.

29. Pensions and gratuities.

30. Assignment, seizure, or sequestration of pay allowance, pension, or gratuity.

31. Maintenance of wife and children.

PART VI

Redress of Grievances

32. Grievances of officers.

33. Grievances of airmen.

PART VII

Persons Subject to this Act

34. Meaning of "person subject to this Act.

35. Persons liable to Air Force custody.

36. Persons who may order Air Force custody.

37. Custodians.

38. Statement of offence.

39. Air Force custody of officer or airman not on active service.

40. Commanding officer's powers in regard to an accused.

41. Delegation of commanding officer's powers to deal summarily with an accused airman.

PART VIII

Summary Trial

42. Summary trial of accused who is an officer of a rank below that of Wing Commander or is a warrant officer.

43. Summary trial of accused who is an airman other than a warrant officer.

44. Manner of taking evidence at summary trial.

PART IX

Court Martial

45. Three kinds of Court Martial.

46. General Court Martial.

47. Jurisdiction of General Court Martial.

48. Field general Court Martial.

49. Jurisdiction of field General Court Martial.

50. District Court Martial.

51. Jurisdiction of district Court Martial.

52. Court Martial in general.

53. Appointment of Judge-Advocate.

54. Powers and duties of Judge-Advocate.

55. Oath or affirmation.

56. Time-limit.

57. Trial of offenders who have ceased to be subject to this Act.

58. Effect of acquittal or conviction of an offence.

59. Place of trial.

60. Objections by accused to members of Court Martial.

61. Procedure.

62. When offence proved is included in offence charged.

63. Conviction and sentence not valid till confirmation.

64. Authorities empowered to confirm convictions and sentences.

65. Powers of confirming authority.

66. Revision of conviction and sentence on reference to Court Martial.

67. Revision of sentence which has been confirmed.

68. Suspension and remission of sentence of imprisonment or detention passed on an airman.

69. Commencement of sentence.

70. Execution of sentence of imprisonment.

71. Execution of sentence of detention.

72. Summoning and privilege of witnesses at Court Martial.

73. Counsel at Court Martial.

74. Accused who is of unsound mind.

75. Right of person tried by Court Martial to copy of proceedings,

76. Preservation of records of proceedings of Court Martial.

PART X

Civil Courts

77. Jurisdiction of civil court not affected by this Act.

78. Delivery of Air Force offenders to the civil power.

79. Issue of writs by Court of Appeal.

80. Actions against persons for acts done under this Act.

PART XI

Evidence

81. Rules of evidence.

82. Application of sections 83 to 93.

83. Proof of answers given by a person on enlistment or re-engagement as an airman.

84. Proof of enlistment.

85. Letters, returns, or documents respecting service.

86. Copies of regulations and orders printed by Government Printer.

87. Air Force list or Gazette.

88. Orders made under this Act by Air Force authorities.

89. Record made in a service book.

90. Descriptive return.

91. Certificate regarding surrender of alleged deserter or absentee without leave.

92. Certificate regarding arrest or surrender of officer or airman outside Sri Lanka.

93. Copy of proceedings of Court Martial.

94. Evidence of conviction or acquittal by civil court.

PART XII

Air Force Offences

Offences in Respect of Air Force Service

95. Offences in relation to the enemy punishable with death.

96. Offences in relation to the enemy not punishable with death.

97. Offences punishable more severely on active service than at other times.

Mutiny and Insubordination

98. Mutiny and sedition.

99. Striking or threatening superior officers.

100. Disobedience to superior officers.

101. Insubordination.

102. Neglect to obey general or other orders.

Desertion, Fraudulent Enlistment, and Absence without Leave

103. Desertion.

104. Fraudulent enlistment.

105. Assistance of or connivance at desertion.

106. Absence from duty without leave.

Disgraceful Conduct

107. Scandalous conduct of officer.

108. Fraud by person in charge of property

109. Disgraceful conduct.

Drunkenness

110. Drunkenness.

Offences In Relation to Persons in Custody

111. Permitting escape of person in custody.

112. Irregular arrest or confinement.

113. Escape from confinement.

Offences in Relation to Property

114. Corrupt dealings in respect of supplies to the Air Force.

115. Deficiency in and injury to equipment.

Offences in Relation to False Documents and Statements

116. Falsifying official documents and false declarations.

117. Neglect to report and signing in blank.

118. False accusation or false statement.

Offences in Relation to Court Martial

119. Offences in relation to Court Martial.

120. False evidence.

Offences in Relation to Enlistment

121. Enlistment of airman, sailor or soldier discharged with disgrace.

122. False answers on enlistment.

123. General offences in relation to enlistment.

Miscellaneous Air Force Offences

124. Traitorous words.

125. Injurious disclosures.

126. Ill-treating airman.

127. Duelling and attempting to commit suicide.

128. Refusal to deliver to Civil Court officers and airmen accused of civil offences.

129. Conduct prejudicial to Air Force discipline.

130. Illegal gratification in connection with appointment or promotion.

PART XIII

Punishments by Court Martial in Respect of Civil Offences

131. Treason, murder, culpable homicide not amounting to murder, and rape.

132. Any civil offence not mentioned in section 131.

PART XIV

Scale of Punishments by Court Martial

133. Scale of punishments by Court Martial.

134. Special provisions in regard to punishments by Court Martial.

PART XV

Offences under this Act which are Not Air Force Offences

135. Unlawful recruiting.

136. False answers by applicants for enlistment.

137. Pretending to be a deserter.

138. Inducing or assisting officers or airmen to desert or absent themselves without leave.

139. Interference with Air Force duties.

140. Illegal gratification to persons not subject to this Act in respect of appointments or promotions in the Air Force.

141. Purchase of service necessaries, equipment, stores.

142. Unlawful possession of Air Force certificates.

143. Unauthorised use of decorations.

144. Obligations of employers.

145. Misconduct of civilian witness at Court Martial.

146. False evidence by civilian witness at, and contempt of civilian towards, Court Martial.

147. Unauthorised training.

PART XVI

Deserters and Absentees without Leave

148. Inquiry into absence of airman.

149. Confession by airman of desertion or fraudulent enlistment.

150. Arrest of deserters and absentees without leave.

PART XVII

Imprisonment and Detention

151. Committal, removal, release of Air Force prisoner or airman undergoing detention.

152. Air Force prisoners in civil prisons.

153. Duty of superintendent of any prison.

154. Establishment and regulation of Air Force prison and detention barracks.

PART XVIII

Miscellaneous

155. Regulations.

156. Vesting of property of the Air Force in the Commander of the Air Force.

157. Power as to restitution of stolen property.

158. Exercise of powers vested in holder of Air Force office.

159. Provisions as to warrants and orders of Air Force authorities.

160. Members of any foreign Air Force attached to the Air Force of Sri Lanka.

161. Interpretation.

41 of 1949,
21 of 1954,
7 of 1962,
33 of 1962,
21 of 1979,
82 of 1988,
9 of 1993.

AN ACT to provide for the raising and maintenance of an Air Force and for matters connected therewith.

[Date of Commencement: 10th October, 1950]

1. Short title.

This Act may be cited as the Air Force Act.

PART I

Organisation of the Air Force

2. Sri Lanka Air Force.

(1) There shall be raised and maintained, in accordance with the provisions of this Act and of the regulations made thereunder, a force, to be called the Sri Lanka Air Force (and hereinafter referred to as the "Air Force”), not exceeding such strength as may, from time to time, be determined by Parliament.

(2) The Air Force shall consist of—

(a) a Regular Air Force,

(b) a Regular Air Force Reserve, and

(c) such Volunteer Air Force and Volunteer Air Force Reserve as may be constituted under sections 5 and 6.

[S 2 am by s 3 of Act 21 of 1979.]

3. Regular Air Force.

(1) The Regular Air Force shall consist of officers and airmen who are appointed or enlisted for the purpose of rendering continuous service under this Act during the period of their engagement.

(2) The Regular Air Force shall be organised into such corps as may, from time to time, be determined by the President.

(3) Where the whole or any part of the Regular Air Force Reserve, Volunteer Air Force, or Volunteer Air Force Reserve, is called out on active service or for Air Force training, the officers and airmen of such reserve, force, or part so called out shall, during the period of such service or training, be deemed for all purposes to be officers and airmen of the Regular Air Force.

4. Regular Air Force Reserve.

The Regular Air Force Reserve shall consist of officers who by order of the President are transferred to such reserve from the Regular Air Force and airmen who are transferred to such reserve from the Regular Air Force in accordance with the terms of their enlistment.

5. Volunteer Air Force.

(1) There may be raised and maintained, in accordance with the provisions of this Act and of the regulations made thereunder, a force of volunteers for the purpose of rendering service under this Act.

(2) The force of volunteers raised and maintained under this Act shall be called the Volunteer Air Force.

(3) The Volunteer Air Force shall be organised into such corps as may, from time to time, be determined by the President.

6. Volunteer Air Force Reserve.

There may be organised and maintained a Volunteer Air Force Reserve consisting of such officers and airmen of the Volunteer Air Force or of any other unit of the Air Force as are transferred to such reserve by order of the President.

7. Training.

The whole or any part of the Regular Air Force Reserve, Volunteer Air Force, or Volunteer Air Force Reserve may by order of the President be called out for Air Force training with the whole or any part of the Regular Air Force during any period specified in such order.

8. Commander of the Air Force.

(1) The President shall appoint a fit proper person to command the Air Force.

(2) The person appointed under subsection (1) of this section shall be designated Commander of the Air Force.

PART II

Officers

9. Appointment of officers.

(1) The officers shall be appointed by commissions under the hand of the President.

(2) Every officer shall upon appointment take and subscribe the prescribed oath, or make and subscribe the prescribed affirmation, before a prescribed officer.

(3) No commission issued by the President under subsection (1) of this section shall become invalid by reason of his death or vacation of office.

10. Duration of appointments.

Every officer shall hold his appointment during the President's pleasure.

11. Resignation.

(1) An officer of the Regular Air Force or Regular Air Force Reserve shall not have the right to resign his commission, but may be allowed by the President to do so.

(2) An officer of the Regular Air Force or Regular Air Force Reserve who tenders the resignation of his commission to the President shall not be relieved of the duties of his appointment until the acceptance of the resignation is notified in the Gazette.

(3) Where an officer of the Volunteer Air Force or Volunteer Air Force Reserve desires to resign his commission on any date, he shall, not less than three months before that date, give the President written notice that he will be resigning his commission on that date.

(4) Where an officer of the Volunteer Air Force or Volunteer Air Force Reserve has, in accordance with subsection (3) of this section, given notice of resignation of his commission, he shall, upon his returning to the prescribed officer in good order (fair wear and tear only excepted) all such arms, clothing and appointments in his possession as are the property of the Air Force, be entitled to resign his commission—

(a) if he is not on active service, on the date of resignation specified in such notice, or

(b) if he is on active service, immediately after the termination of such service.

12. Promotion, transfer, and leave.

The promotion and transfer of officers and the grant of leave of absence to them shall be in accordance with such regulations as may be made in that behalf.

PART III

Airmen

13. Enlistment.

(1) The enlistment of persons as airmen shall be in accordance with the regulations made in that behalf and shall be conducted by recruiting officers appointed by the President.

(2) Every person selected for enlistment as an airman shall appear before a prescribed officer, sign an attestation paper containing the terms of his enlistment, and take and subscribe the prescribed oath or make and subscribe the prescribed affirmation.

(3) The attestation paper referred to in subsection (2) of this section shall be in the prescribed form.

14. Original enlistment and re-engagement.

(1) Subject to the provisions of section 21, the enlistment of a person as an airman of the Regular Air Force shall—

(a) be for the prescribed period which shall be called the period of original enlistment, and

(b) be entirely for service in such force or partly for such service and partly for service in the Regular Air Force Reserve.

(2) An airman may, before the expiry of the period of his original enlistment, be re-engaged for a further period of Air Force service not exceeding the prescribed maximum period of re-engagement.

15. Reckoning and forfeiture of.

(1) Subject to the provisions of subsection (2) of this section, the service of an airman of the Regular Air Force for the purpose of discharge or of transfer to the regular Air Force Reserve shall be reckoned from the date of his signing the attestation paper.

(2) Where an airman has been guilty of the Air Force offence of desertion or of fraudulent enlistment, then either upon his conviction by a Court Martial of such offence, or (if, having confessed such offence, he is liable to be tried by a Court Martial) upon his trial by a Court Martial being dispensed with by order under section 149, the whole of his prior service shall be forfeited, and he shall be liable to serve as an airman for the period of his original enlistment, reckoned from the date of such conviction or such order dispensing with trial, in like manner as if he had been enlisted on that date:

Provided that all or any part of the service of an airman forfeited under this subsection may, in accordance with such regulations as may be made in that behalf, be restored to him if he performs good and faithful service or is otherwise deemed to merit the restoration of such service.

16. Promotion, transfer, discharge.

(1) The promotion, transfer, discharge and dismissal of airmen, and the grant of leave of absence to them, shall be in accordance with the regulations made in that behalf.

(2) Where an airman of the Volunteer Air Force or Volunteer Air Force Reserve desires to obtain his discharge from such force or reserve on any date before the expiry of the period for which he has volunteered to serve in such force or reserve, he shall, not less than three months before such date, make a written request to his commanding officer for such discharge; and, if he makes such request, he shall, subject to the provisions of section 21, be entitled to be discharged from such force or reserve on such date, upon his returning to the prescribed officer in good order (fair wear and tear only excepted) all such arms, clothing and appointments in his possession as are the property of the Air Force.

17. Reduction to rank of airman.

A non-commissioned officer sentenced by a Court Martial to field punishment, imprisonment, or detention shall be deemed to be reduced to the rank of airman.

PART IV

Service

18. Duties of members of Air force.

Every member of the Air Force shall, whenever ordered so to do by his commanding officer, perform such of the prescribed duties as may, from time to time, be imposed on him by that officer, and shall in addition when he is on active service perform any such duty as the Commander of the Air Force deems necessary.

19. Active service.

(1) The President may—

(a) for the defence of Sri Lanka in time of war whether actual or apprehended, or

(b) for the prevention or suppression of any rebellion, insurrection or other civil disturbance in Sri Lanka,

by Proclamation or, where the circumstances render it impossible to issue a Proclamation, by order, call out on active service the whole or any part of the Air Force.

(2) All officers and airmen of any such part of the Air Force as is called out on active service under subsection (1) of this section shall be deemed to be on such service until the President terminates such service by Proclamation.

20. Report to Parliament.

If Parliament is sitting at the date of issue of a Proclamation or an order under subsection (1) of section 19, the President shall forthwith communicate to Parliament the reason for issuing the Proclamation or order. If Parliament is not then sitting, the President shall summon Parliament to meet as soon as possible but not later than thirty days after the aforesaid date, and shall, at the first sitting of Parliament after it is summoned, communicate the aforesaid reason.

21. Prolongation of service in the Air Force.

Where the time at which an airman is entitled to be discharged from the Air Force occurs during the period when the whole or any part of the Air Force is on active service, the President may by order prolong the service of that airman in the Air Force for such period.

22. Relations between air and naval and military forces of Sri Lanka acting together.

(1) Where an officer or a petty or military force of Sri Lanka is attached to, or is a member of any naval or military force of Sri Lanka which is acting with, any part of the Air Force under such conditions as may be prescribed, then, for the purposes of command and discipline and for the purposes of the provisions of this Act relating to superior officers, he shall, in relation to that part of the Air Force, be treated as, and have all the powers (other than the powers of punishment) vested in, an officer or a non-commissioned officer of the Air Force, as the case may be.

(2) Where an officer or airman of the Air Force is attached to, or is a member of any part of the Air Force acting with, any naval or military force of Sri Lanka under such conditions as may be prescribed, then, for the purposes of command and discipline and for the purposes of the provisions of this Act relating to superior officers, the officers and the petty or non-commissioned officers of that naval or military force shall, in relation to him, be treated as, and have all the powers (other than the powers of punishment) vested in, officers or non-commissioned officers of the Air Force, as the case may be.

23. Co-operation with foreign air force.

(1) In time of war, if the whole or any part of the Air Force is required to act in co-operation with any foreign air force in defence of Sri Lanka, the President may place the Air Force or such part thereof under the command of the officer commanding such foreign air force if that officer is senior in rank to all the officers of the Air Force or of such part thereof.

(2) Where any officer, warrant officer, or non-commissioned officer is acting in co-operation with any foreign air force in defence of Sri Lanka, the President may, in agreement with the commander of such force, define the powers of command and the order of precedence of such officer, warrant officer, or non-commissioned officer in relation to a member of such force who is of the same or similar rank.

23A. Performance of certain other duties by members of the Air Force.

(1) The President may order all or any of the members of the Air Force to perform such duties as he may consider necessary in the national interest.

(2) The President may order any member of the Air Force to perform escort and guard duties in respect of persons suspected, accused, or convicted of any offence against the State under Chapter VI of the Penal Code.

(3) Every member of the Air Force shall perform such duties as may be imposed on him by Order of the President under subsection (1).

(4) Wherever an Order is made under subsection (1) calling upon any officer of the Air Force to perform civilian administrative duties and wherever an Order is made under subsection (2) the President shall communicate to Parliament such Order in the same manner as under the Public Security Ordinance in the case of a declaration of a state of emergency.

[S 23A ins by s 2 of Act 7 of 1962.]

PART V

Pay, Allowances, Pensions, and Gratuities

24. Emoluments of members of the Regular Air Force and of other members of the Air Force who are on active service.

Every member of the Regular Air Force and every officer or airman not belonging to the Regular Air Force who is on active service shall be entitled to such pay and allowances, and to be quartered in such manner, as may be prescribed.

25. Allowances of officers and airmen who are not members of the Regular Air Force and are not on active service.

Such of the officers and airmen as are not members of the Regular Air Force and not on active service shall be entitled to such equipment allowance or other allowance as may be prescribed.

26. Making and remission of deductions.

(1) No penal deduction, other than a penal deduction authorised by this Act, shall be made from the pay or allowance of any officer or airman.

(2) Any sum authorised by this Act to be deducted from the pay of any officer or airman may be deducted from his pay or from any sums due to him.

(3) Any deduction authorised by this Act to be made from the pay of any officer or airman may be remitted in such circumstances and in such manner as may be prescribed.

27. Penal deductions from the pay due to an officer.

The following penal deductions may be made from the pay or allowance due to an officer—

[S 27 am by s 2(1) of Act 33 of 1962.]

(a) all pay in respect of any period during which he is absent without leave, unless an explanation has been given by him through his commanding officer and has been accepted as satisfactory by the Commander of the Air Force;

(aa) in respect of each month of any period during which he is suspended from the exercise of his office, a part of his pay and allowances for that month as may be prescribed;

[S 27(aa) ins by s 2(2) of Act 33 of 1962.]

(aaa)—

(i) in respect of any period during which he is suspended from the exercise of his office pending the conclusion of judicial or disciplinary proceedings instituted against him in respect of a prescribed offence, all pay and allowances; and

(ii) in respect of each month of any period during which he is suspended from the exercise of his office pending the conclusion of judicial or disciplinary proceedings instituted against him in respect of any other offence, such part of his pay and allowances for that month as may be prescribed;

[S 27(aaa) ins by s 2 of Act 9 of 1993.]

(b) the sum awarded by the Court Martial by which he is convicted of any offence as the compensation payable by him for any expense, loss, damage or destruction occasioned by the commission of the offence;

(c) the sum required to make good the pay of any other officer or of any airman which he has unlawfully retained or unlawfully refused to pay;

(d) the sum required to make good such loss, damage, or destruction of public or Air Force property as, after due investigation, appears to the Commander of the Air Force to have been occasioned by any wrongful act or negligence of the officer;

(e) any sum which he has been ordered by a civil court to pay for the maintenance of his wife or of his legitimate or illegitimate child or children and which he has himself not paid.

28. Penal deductions from the pay due to an airman.

(1) The following penal deductions may be made from the pay or allowance due to an airman—

(a) all pay for every day of absence 33 of either on desertion or without leave, or as a prisoner of war if taken prisoner through his neglect or misconduct; for every day of imprisonment to which he is sentenced by a Court Martial or civil court, or, if he is on board a ship of the Republic, by the commanding officer of that ship; for every day of detention to which he is sentenced, or for every day in respect of which field punishment is imposed on him, by a Court Martial or by his commanding officer; and for every day whilst he is in Air Force custody on a charge for an offence of which he is afterwards convicted by a Court Martial or a civil court, or on a charge of absence without leave for which he is afterwards sentenced to detention or subjected to field punishment by his commanding officer;

[S 28(1) am by s 3(1) of Act 33 of 1962.]

(aa) in respect of each month of any period during which he is suspended from his duties, a part of his pay and allowances for that month as may be prescribed;

[S 28(1)(aa) ins by s 3 (2) of Act 33 of 1962.]

(aaa)—

(i) in respect of any period during which he is suspended from his duties pending the conclusion of judicial or disciplinary proceedings instituted against him in respect of a prescribed offence, all pay and allowances; and

(ii) in respect of each month of any period during which he is suspended from his duties pending the conclusion of judicial or disciplinary proceedings instituted against him in respect of any other offence, such part of his pay and allowances for that month as may be prescribed; and

[S 28(1)(aaa) ins by s 3(1) of Act 9 of 1993.]

(b) all pay for every day on which he is in hospital on account of illness certified by the medical officer attending on him at the hospital to have been caused by an offence committed by him;

(c) such sum payable by him by way of compensation for any expense, loss, damage, or destruction occasioned by the commission of any offence as may be determined by the Court Martial by which he is convicted of that offence or by the authority dealing summarily, under section 43, with the charge against him in respect of that offence, or, if he is on board a ship of the Republic, by the commanding officer of that ship, or, where he has confessed the offence and his trial is dispensed with by order under section 149, by that order or by any other order of a competent Air Force authority under that section;

(d) such sum payable by him by way of compensation for any expense caused by him, or for any loss of or damage or destruction done by him to any arms, ammunition, equipment, clothing, instruments, service necessaries, or Air Force decorations, or to any buildings or other property, as may be determined by his commanding officer, or by the authority dealing summarily, under section 43, with a charge against him, or, where he elects to be tried by a Court Martial, by that Court Martial, or, if he is on board a ship of the Republic, by the commanding officer of that ship;

(e) the share which he, as a member of a unit of the Air Force, is required to contribute towards compensation for any barrack damage which, after due investigation held in the prescribed manner, appears to have been caused by the wilful act or negligence of any unidentifiable person or persons belonging to such unit, during the period while such unit was in occupation of the barracks;

(f) the sum required to pay any fine imposed by a Court Martial or his commanding officer; or any fine, penalty, damages, compensation, or costs which a civil court before which he has been charged with an offence has ordered him to pay; and

(g) any sum which he has been ordered by a civil court to pay for the maintenance of his wife or of his legitimate or illegitimate child or children and which he has himself not paid;

Provided that—

(i) the total amount of such deductions, authorised by paragraphs (a), (aa), (aaa) (ii), (b), (c), (d), (e), (f) and (g) of this subsection authorised by this subsection as are made from the pay due to an airman shall not exceed such sum as will leave to him, after paying for his messing and washing, less than ten cents a day, and

[S 28(1) proviso (i) am by s 3(2) of Act 9 of 1993.]

(ii) where an airman who is sentenced in respect of an offence on active service to forfeit all pay is liable to any other penal deductions from pay, the sentence shall apply only to so much of his pay as remains after those deductions have been made.

(2) For the purposes of paragraph (e) of subsection (1) of this section—

"barrack damage” means damage to or loss or destruction of any premises in which airmen are quartered or billeted, or any appurtenances, fixtures, furniture or effects therein or appertaining thereto, and

"unit” includes any part of a unit.

29. Pensions and gratuities.

Any officer or airman, or the widow or any child or other dependent of any officer or airman, may be paid a pension or gratuity in such circumstances and at such rates as may be prescribed.

30. Assignment, seizure, or sequestration of pay allowance, pension, or gratuity.

(1) Every assignment of and every charge on, and every agreement to assign or charge, any pay or allowance payable to any, officer or airman, or any pension or gratuity payable to any officer or airman or to the widow or any child or other dependent of any officer or airman, shall be void unless it is approved by the President or any person thereto authorized by the President.

(2) No pay or allowance payable to any officer or airman, and no pension or gratuity payable to any officer or airman or to the widow or any child or other dependent of any officer or airman, nor any part thereof, shall be seized or sequestered under any writ or order issued or made by any civil court.

31. Maintenance of wife and children.

Where a civil court enters a decree or makes order against a person, who is or subsequently becomes an officer or airman, for the payment of any sum as cost of maintenance of his wife or of his legitimate or illegitimate child or children, the Commander of the Air Force may, if a duly certified copy of such decree or order is sent to him, cause to be deducted from the pay of the officer or airman and to be appropriated towards the payment of that sum such portion of the pay of the officer or airman as the Commander of the Air Force may determine, so however that there shall be to the officer or airman not less than one-third of his pay.

PART VI

Redress of Grievances

32. Grievances of officers.

Where an officer is aggrieved by any action of, and is unsuccessful in obtaining redress from, his commanding officer, he may make a written appeal for redress to the Commander of the Air Force, and where he is aggrieved by any action of the Commander of the Air Force, either in respect of his appeal or in respect of any other matter, he may make a written appeal to the President. An order made by the President on any such appeal shall be final.

33. Grievances of airmen.

(1) Where an airman is aggrieved by any action of an officer other than the commanding officer of the corps to which he is attached or by any action of any other airman, he may make a written appeal for redress to such commanding officer, and where he is aggrieved by any action of such commanding officer, either in respect of his appeal or in respect of any other matter, he may make a written appeal to the Commander of the Air Force.

(2) Each officer to whom an appeal is made under subsection (1) of this section shall inquire into the appeal, and, if satisfied that the appeal should be allowed, shall grant redress to the appellant. An order made by the Commander of the Air Force on any appeal made to him under that subsection shall be final.

PART VII

Persons Subject to This Act

34. Meaning of person subject to this Act.

For the purposes of this Act, "person subject to this Act” means a person who belongs to any of the following classes of persons—

(a) All officers and airmen of the Regular Air Force.

(b) All such officers and airmen of the Regular Air Force Reserve, Volunteer Air Force, or Volunteer Air Force Reserve, as are deemed to be officers and airmen of the Regular Air Force under subsection (3) of section 3.

35. Persons liable to Air Force custody.

A person subject to this Act who commits any Air Force offence or civil offence may be taken into Air Force custody.

36. Persons who may order Air Force custody.

(1) A senior officer may order into Air Force custody a junior officer who, being, to, Act a person subject to this Act, commits any Air Force offence or civil offence, and a junior officer may order into Air Force custody a senior officer who, being a person subject to this Act, is engaged in a quarrel, affray or disorder.

(2) Any officer or non-commissioned officer may order into Air Force custody any airman who, being a person subject to this Act, commits any Air Force offence or civil offence.

(3) An order under subsection (1) or subsection (2) of this section shall be obeyed notwithstanding that the person giving the order and the person in respect of whom the order is given do not belong to the same corps.

37. Custodians.

Any officer or airman ordered into Air Force custody shall be committed to the custody of a provost marshal or an assistant provost marshal or of the commander of a guard. The person to whose custody any officer or airman is committed under this section shall not refuse to receive or keep him.

38. Statement of offence.

The person ordering any officer or airman into Air Force custody shall, within twenty-four hours of the committal of that officer or airman to such custody, deliver to the person to whose custody that officer or airman is committed a written and signed statement of the offence with which that officer or airman is charged.

39. Air Force custody of officer or airman not on active service.

Where any officer or airman not on active service, is kept in Air Force custody for a longer period than seven days without trial, his commanding officer shall submit weekly to the officer to whom application would be made to convene a Court Martial if the person in Air Force custody were to be tried by a Court Martial, a written report on the necessity for such custody, until he is brought to trial or is released from such custody.

40. Commanding officer's powers in regard to an accused.

(1) Where a person subject to this Act is taken into Air Force custody, the commanding officer of that person shall without unnecessary delay investigate the charge on which that person is in such custody, and—

(a) if he in his discretion decides that it should not be proceeded with, shall dismiss the charge, and

(b) if he in his discretion decides that the charge should be proceeded with, shall—

(i) take steps for the trial of that person by a Court Martial, or

(ii) where that person is an officer of a rank below that of Wing Commander or is a warrant officer, refer the case to be dealt with summarily by the Commander of the Air Force or by such officer not below the rank of Group Captain as may thereto be authorised by the Commander of the Air Force, or

(iii) where that person is an airman other than a warrant officer, deal with the case summarily.

(2) Subject to the provisions of subsection (3) of this section, where an airman, other than a warrant officer or non-commissioned officer, is charged with the offence of drunkenness, his commanding officer shall deal with the case summarily unless the offence was committed by him while on active service or on duty, or after he was warned for duty, or unless by reason of the drunkenness he was found unfit for duty, or unless he has been guilty of the offence of drunkenness on four or more occasions in the preceding twelve months.

(3) Where a non-commissioned officer other than a corporal is charged with any offence set out in this Act, his commanding officer shall, if the sentence on the conviction of the accused will involve forfeiture of pay or will not consist only of a minor punishment which a commanding officer is authorised to inflict by regulation made in that behalf, ask the accused whether he desires to be dealt with summarily or to be tried by a Court Martial, and he shall, if the accused elects to be tried by a Court Martial, take steps for the trial of the accused by a Court Martial, or if the accused does not so elect, proceed to deal with the accused summarily.

[S 40(3) subs by s 2 of Act 82 of 1988.]

41. Delegation of commanding officer's powers to deal summarily with an accused airman.

A commanding officer may, in accordance with such regulations as may be made in that behalf, delegate to an officer under his command the power of dealing summarily with an accused airman under section 40.

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