[28th February, 1917] [Repealed by Act
49 of 1920] An Act to constitute an Indian Defence Force, and
for other purposes (Received the assent of the Governor-General on the
28th February, 1917) Whereas
it is necessary to constitute an Indian Defence Force, and compulsorily to
enrol for service in that Force certain European British subjects; and Whereas
in the case of others, it is deemed sufficient for the present to take powers
to enrol for such service only such persons as may offer themselves for
enrolment; It is hereby enacted as follows:? (1)
This Act may be called
the Indian Defence Force Act, 1917. (2)
It extends to the whole
of British India, including British Baluchistan and Sonthal Parganas, and
applies also to European British subjects within the territories of any Native
Prince or Chief in India. (3)
It shall remain in force
during the continuance of the present war, and for a period of six months thereafter. In this
Act, unless there is anything repugnant in the subject or context,? ?European
British subject? means a European British subject as defined in the Code of
Criminal Procedure, 1898, and shall, for the purposes of this Act, be deemed to
include every person who, before the third day of March, 1917, has filled up,
signed and lodged Form A with the Registration Authority under the Registration
Ordinance, 1917, and also every person who at the commencement of this Act is a
member of a corps of volunteers constituted under the Indian Volunteers Act,
1869; ?Prescribed?
means prescribed by rules made under this Act. Every
male European British subject who, on the first day of February, 1917, was
ordinarily resident in India or thereafter becomes so resident, and who for the
time being has attained the age of eighteen years and has not attained the age
of forty-one years, and who is not within the exceptions set out in the
Schedule to this Act, shall be deemed to be enrolled for general military
service within the meaning of this Act: Provided
that, if any person referred to in this section whilst engaged in a actual
military employment, of which fact the Commander-in-Chief in India shall be the
sole judge, attains the age of forty-one years, such person shall continue to
serve for such additional period not exceeding one year as the prescribed
military authority may direct. Every
male European British subject who, on the first day of February, 1917, was
ordinarily resident in India, or thereafter becomes so resident, and who for
the time being has attained the age of forty-one years but has not attained the
age of fifty years, and who is not within the exceptions set out in the
Schedule to this Act, shall be deemed to be enrolled for local military service
within the meaning of this Act. Every
male European British subject who, on the first day of February, 1917, was
ordinarily resident in India, or thereafter becomes so resident, and for the
time being has attained the age of sixteen years but has not attained the age
of eighteen years, shall be deemed to be enrolled for local military service,
but shall only be liable to such military training as may be provided for by
regulations made under this Act, and shall not be liable to any other form of
military service. Every
person deemed to be enrolled for military service, whether local or general,
shall, as from the commencement of this Act, be deemed to be enrolled in the
Indian Defence Force, and may be appointed to such corps or unit thereof as he
may thereafter be assigned to, and shall, if he is a person deemed to be
enrolled for general military service, be liable to serve in any part of India. Every
person deemed to be enrolled for local military service shall be subject to any
rules and regulations relating to that service which may be made under this
Act: Provided
that no such rule or regulation shall require any such person to serve outside
the limits of the prescribed local area. (1)
Every person deemed to
be enrolled for general military service shall be subject to any rules and
regulations relating to that service which may be made under this Act. (2)
Every such person, when
called out in the prescribed manner for general military service, shall be
subject to the provisions of the Army Act and any orders or regulations made
thereunder, whereupon the said Act, orders and regulations shall apply to him
as if the same were enacted in this Act, and as if such person held the same
rank in the Army as he holds for the time being in the Indian Defence Force. If any
question arises, with reference to this Act, whether any person is a European
British subject within the meaning of this Act, or is ?ordinarily resident? in
British India, or is within the exceptions set out in the Schedule or as to the
age of any person, the prescribed authority, or a person authorized in this
behalf in writing by that authority, shall apply to the District Magistrate or
to an officer specially empowered in this behalf by the Local Government, in
the district or local area in which the person to whom the dispute relates is
for the time being, and such Magistrate or other officer after hearing such
person or giving him a reasonable opportunity of being heard, shall summarily
determine the question, and the decision of such Magistrate or other officer
shall be final for all the purposes of this Act: Provided
that if any question referred to in this section has been decided in accordance
with the procedure provided in the Registration Ordinance, 1917, such decision
shall be deemed to be a decision under this section of this Act. If any
person who is deemed to be enrolled for military service, whether local or
general, disobeys any notice or order calling him out for such service, any
District or Chief Presidency Magistrate may, on the application of the
prescribed authority, or of a person authorized in this behalf in writing by
that authority, cause such person to be arrested and brought before him, and if
the Magistrate is satisfied that he is a person to whom Section 3, 4 or 5 of
this Act applies, and who has been called out for such service, the Magistrate
without prejudice to any penalty which such person may have incurred shall make
over such person to the custody of the military authorities. (1)
Application may be made
to the prescribed authority by, or (subject to rules made under this Act) in
respect of, any person referred to in Section 3, 4 or 5, for the issue to him
of a certificate of exemption under the provisions of this Act on any of the
following grounds, namely:? (a)
that it is expedient in
the national interest that he should instead of being employed in military
service be engaged in other work; or (b)
if he is being educated
or trained for any work that it is expedient in the national interest that he
should continue to be so educated or trained; or (c)
ill health or infirmity; and the
prescribed authority, if it considers the grounds of the application
established, shall grant such a certificate. (2)
The Governor-General in
Council may also, by order in writing, direct the issue to such persons or
class of persons, as he thinks fit, of certificates of exemption if he is
satisfied that such a course is desirable in the national interest. (3)
Any certificate of
exemption may be absolute, conditional, or temporary, and may be renewed,
varied or withdrawn at any time by the authority which granted it, and may
provide that a person liable to general military service shall perform local military
service: Provided
that every conditional for temporary certificate shall state the conditions
under which or the period for which it is granted. (4)
If, for the purpose of
obtaining exemption for himself or any other person, or for the purpose of obtaining
the renewal, variation, or withdrawal of a certificate, any person makes a
false statement or false representation, to any authority under this section,
he shall be punishable with imprisonment for a term which may extend to six
months, or with fine or with both. Any
European British subject who for the time being has attained the age of 50
years may offer himself for enrolment for general military service or local military
service, and may be enrolled accordingly in the prescribed manner, and any
person so enrolled shall be liable to all the obligations imposed on persons
deemed to be enrolled for general military service or local military service
within the meaning of this Act, as the case may be, and shall continue to be so
liable until relived thereof in the prescribed manner.] [2][(1) The Governor-General in Council may constitute in
any local area corps or units for the enrolment in the Indian Defence Force for
general military service of persons other than European British subjects. (2) ??When any
corps or unit has been constituted under sub-section (1), the Governor-General
in Council may, by notification in the Gazette of India, declare that, in any
local area specified in the notification, persons other than European British
subjects to satisfy the prescribed conditions and offer themselves for
enrolment for general military service may, as long as the notification
continues in force, be enrolled accordingly in such corps or unit in the
prescribed manner.] [3][(3)] Every person enrolled in a corps or unit
constituted under sub-section (1) shall be liable to serve in any part of
India, shall be subject to all rules and regulations that may be made under
this Act relating to his corps or unit, and shall not quit such corps or unit
except in the prescribed manner. [4][(4)] Every such person shall, when called out in the
prescribed manner for general military service, be subject to the Indian Army
Act, 1911, and the rules made thereunder, whereupon the said Act and rules
shall apply to him as if he held the same rank in the Indian Army as he holds
for the time being in the Indian Defence Force. (1)
The Governor-General in
Council may make rules to carry out the purposes of this Act. (2)
In particular and
without prejudice to the generality of the foregoing power, such rules may? (a)
prescribe authorities
for the purposes of Sections 9 and 10; (b)
constitute authorities
and prescribe the procedure of such authorities for the purpose of considering
applications for exemption from military service; (c)
prescribe the time within
which, and the form in which, such application may be made, and the persons
other then the person to be exempted by whom it may be made; (d)
prescribe the conditions
subject to which persons other than European British subject should be
permitted to offer themselves for general military service; (e)
prescribe the military
or other obligations to which persons or any class of persons enrolled or
deemed to be enrolled under this Act shall respectively be liable; constitute
or specify Courts for the trial and punishment of breaches of such obligations;
prescribe the procedure to be followed by such Courts; and provide for the
enforcement or carrying out of the orders or sentences of such Courts; (f)
provide for the medical
examination of persons liable to general military service; (g)
provide for the calling
out and all purposes ancillary thereto of persons or any class of persons
liable to general military service, and constitute authorities for the purpose
of assisting in the selection of persons to be so called out; and (h)
provide for any matter
in this Act directed to be prescribed. (3)
Rules made under this
section may provide that any contravention thereof or of any order or notice
issued under the authority of any such rule shall be punishable with
imprisonment for a term which may extend to six months, or with fine or with
both. (4)
All rules made under
this Act shall be published in the Gazette of India, and on such publication
shall have effect as if enacted in this Act. (1)
The Commander-in-Chief
in India may, subject to the control of the Government-General in Council,
specify the summary and minor punishments for breach of any rule made under
this Act to which persons enrolled or deemed to be enrolled under this Act
shall be liable, without the intervention of a Court, and the officer or
officers by whom and the extent to which such summary and minor punishments may
be awarded. (2)
No punishment exceeding
in severity imprisoment in military custody for a period of seven days shall be
imposed as a summary punishment, and no punishment involving any kind of
imprisonment shall be imposed as a minor punishment. (1)
The Commander-in Chief
in India may make regulations providing generally for all details connected
with the organization, personnel duties, and military training of any persons
liable to military service or training under this Act. (2)
In particular and
without prejudice to the generality of the foregoing power, such regulations
may? (a)
specify the units,
whether of regular troops or any other military force with which any person or
class of persons enrolled or deemed to be enrolled under this Act shall serve
or undergo military training, or constitute special military units for that
purpose; (b)
specify the courses of
training or instruction to be followed by any person or class of persons liable
to military service or training under this Act; and (c)
provide for and regulate
the remuneration, allowances, gratuities or compensation (if any) to be paid to
any person or class of persons undergoing military service or training under
this Act or to their dependants. (3)
Regulations made under
this section may provide that any contravention thereof, or of any order or
notice issued under the authority of any such regulation, shall be punishable
with fine which may extend to five hundred rupees. Nothing
in this Act shall apply to any person confined in a prison or lunatic asylum. The
Governor-General in Council may disband any corps or unit constituted under
this Act. The
provisions of the Registration Ordinance, 1 of 1917, shall be in force during
the continuance of this Act, and shall have effect as if they had been enacted
in this Act: Provided
that the following amendments shall be made therein, namely:? (1)
In Section 3,
sub-section (1), or the said Ordinance, for the words ?had not attained the age
of fifty years on the first day of February, 1917?, the words ?who for the time
being has not attained the age of fifty years,? shall be substituted. (2)
In Schedule II of the
said Ordinance in entry (1) after the word ?forces? the words ?or of the Royal
Indian Marine Service? shall be inserted, and in entry (2) for the word
?British?, the word ?religious? shall be substituted. (See Sections
3 and 4) Exceptions (1)
Members of His Majesty's
naval and military forces or of the Royal Indian Marine Service other than
Volunteers enrolled under the Indian Volunteers' Act, 20 of 1869. (2)
Persons in Holy Orders
or regular Ministers of any religious denomination. (3)
Persons who have at any
time since the beginning of the war been prisoners of war, captured or interned
by the enemy, or have been released or exchanged.Defence Force Act, 1917 [Repealed]
[Act 3 of 1917]