COMMANDERS-IN-CHIEF (CHANGE
IN DESIGNATION) ACT, 1955 THE
COMMANDERS-IN-CHIEF (CHANGE IN DESIGNATION) ACT, 1955 [Act
No. 19 of 1955] [03rd
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:- (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. [1] [***] 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
Preamble
1 - COMMANDERS-IN-CHIEF (CHANGE IN DESIGNATION) ACT, 1955PREAMBLE
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. |
Statement of Objects and Reasons - COMMANDERS-IN-CHIEF (CHANGE IN DESIGNATION) ACT, 1955
STATEMENT
OF OBJECTS AND REASONS
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 keeping with this provision of
the Constitution, 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 Naval 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 occurring in rules, orders, agreements and other
instruments.