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Commanders-In-Chief (Change in Designation) Act,1955

India code link to Commanders-In-Chief (Change in Designation) Act,1955

  • The Commanders-In-Chief (Change In Designation) Act, 1955ACT NO. 19 OF 1955

    27/1375

    [3rd May, 1955]

    An Act To Amend Certain Enactments For The Purpose Of Changing the Designation of the Commanders-in-Chief of the Armed Forces.

    BE it enacted by Parliament in the Sixth Year of the Republic of India as follows :-

    LEGISLATIVE HISTORY 6

     

    ·  Repealed in part by Act 58 of 1960.
    1. Short title and commencement.(1) This Act may be called the Commanders-in-Chief (Change in Designation) Act, 1955.

    (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

    FACT SHEET 6

     

    Enforced w.e.f. 7th May, 1955, vide Notification No. S.R.O. 2/E, dated the 7th May, 1955, Gazette of India, 1955, Extraordinary, Pt. II, Section 4, p. 3.
    Object & Reasons6

     

    Under clause (2) of Article 53 of the Constitution of India, the Supreme Command of the Defence Forces of the Union vests in the President. In the keeping with this provision of the Consitution, it has been decided that the practice of referring to the Service Chiefs of the Army, Navy and Air Force as Commanders-in-Chief should be discontinued and that they should be designated as the Chief of the Army Staff, the Chief of the Navy Staff and the Chief of the Air Staff respectively.

    The Bill accordingly seeks to give effect to the above decision, firstly, by suitably amending certain enactments which contain references to the Commanders-in-Chief and, secondly, by providing for a rule of construction respecting references to Commanders-in-Chief occuring in rules, orders, agreements and other instruments.

    1. [Amendment of certain enactments].Rep. by the Repealing and Amending Act, 1960 (58 of 1960), s. 2 and Sch. I.
    2. Construction of references to Commanders-in-Chief in enactments or instruments.Any reference, by whatever form of words, to the Commander-in-Chief of the regular Army, the Commander-in-Chief of the Indian Navy, and the Commander-in-Chief of the Air Force, in any law for the time being in force, or in any instrument or other document, shall be construed as a reference to the Chief of the Army Staff, the Chief of the Naval Staff, and the Chief of the Air Staff respectively.

    [THE SCHEDULE.]

    Rep. by the Repealing and Amending Act, 1960 (58 of 1960), s. 2 and Sch. I.

     

4. THE SCHEDULE

THE SCHEDULE

(See section 2)

Year No. Short title Amendments
1 2 3 4
1881
13
The Fort William Act, 1881.
In section 3, for the words ‘The Commander-in-Chief, Indian Army’, the words ‘The Chief of the Army Staff’ shall be substituted.
1934
34
The Indian Navy (Discipline) Act, 1934.
Throughout the Act, for the words ‘the Commander-in-Chief, Indian Navy’ wherever they occur, the words ‘the Chief of the Naval Staff’ shall be substituted.
1948
31
The National Cadet Corps Act, 1948.
In sub-section (I) of section 12, for clauses (e), (f) and (g), the following clauses shall be substituted, namely :- “(e) the Chief of the Army Staff, ex officio; (f) the Chief of the Naval Staff, ex officio; (g) the Chief of the Air Staff, ex officio;
1950
45
The Air Force Act, 1950.
(1) In section 4, for clause (xiv), the following clause shall be substituted, namely:- (xiv) ‘chief of the Air Staff’ means the officer commanding the Air Force;”. (2) Throughout the Act, unless otherwise expressly provided, for the words ‘the Commander-in-Chief’, wherever they occur, the words ‘the Chief of the Air Staff’ shall be substituted.
1950
46
The Army Act, 1950
(1) In section 3, for clause (iv), the following clause shall be substituted, namely;- “(iv) ‘Chief of the Army Staff’ means the officer commanding the regular Army ;”. (2) Throughout the Act, unless otherwise expressly provided, for the words ‘the Commander-in-Chief’, wherever they occur, the words ‘the Chief of the Army Staff’ shall be substituted.
1943
30
The Indian Military Nursing Service Ordinance, 1943.
In sections 7 and 11, for the words ‘Commander-in-Chief, Indian Army’ the words ‘Chief of the Army Staff’, shall be substituted.

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