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Extraordinary Gazette of India · Government of India

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Published 01 May 1964

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REGISTERED No. D. 221

The Gazette of India

EXTRAORDINARY

PART II—Section 3—Sub-section (i)

PUBLISHED BY AUTHORITY

No. Si] NEW DELHI, FRIDAY, MAY I, 1964/VAISAKHA 11, 1886

Separate paging is given to this P a rt in order that it may be filed

as a separate compilation

MINISTRY OF HOME AFFAIRS

NOTIFICATION

New Delhi, the 30th April 1964

G.S.R. 710.—In exercise of the powers conferred by section 3 of the Defence of India Act, 1962 (51 of 1962), the Central Government hereby makes the following rules further to amen(l the Defence of India Rules, 1962, (published with the notification of the Government of India in the Ministry of Home Affairs No. G.S.R. 1465, dated the 5th November, 1962), namely: —

1. These rules may be called the Defence of India (Eighth Amendment) Rules, 1964.

2. In the Defence of India Rules, 1962, after rule 142A, the following rule shall be inserted, namely;—

"142B. Power to extend service of persons subject to Air Force Act, 1950.—(1) Where, having regard to the efficient conduct of air force operations or the exigen- cies of the air force service, the competent authority is of opinion that it is inexpedient to release, discharge or retire from the air force service any person or class of persons referred to in clause (a) or clause (b) of section 2 of the Air Force Act, 1950 (45 of 1950), who has or have otherwise become entitled to be released, discharged or retired, it may, by general or special order in writing, extend the service of such person or class of persons for such period or periods as it may consider necessary.

(2) Notwithstanding anything contained in the terms of his commission, warrant or enrolment, Ann person to whom an order under sub-rule (1) applies, shall not be discharged, released or retired, nor shall such person be entitled to claim his discharge, release or retirement, from the air force service during the period specified in the said order:

Provided that if, while a person is being retained in air force service by virtue of an order under sub-rule (1), the competent authority records in writing that his services can be dispensed with, such person shall thereupon become entitled to be discharged, released, retired or transferred to the Reserve, as the case may be:

Provided further that notwithstanding anything contained in this rule, no person shall be compulsory retained in the air force service by virtue of an order under sub-rule (1) after the expiry of the period of operation of the Defence of India Act, 1962. (459 ) 46o THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 3(i)]

(3) The reserve liability, if any, of a person who has been retained in the air

force service beyond his normal term by virtue of an order under sub-rule (1),

shall be deemed to have been reduced by the period of such retention.

(4) Unless the context otherwise requires,—

(a) the term "competent authority" in this rule means, in nwpect of officers,

the Central Government, and In respgct of airmen, the Chief of the

Air Staff or a Principal Staff Officer at the Air Headquarters specified

by the Chief of the Air Stall; and

(b) words and expressions used In this rule shall have the meanings assigned

to them by or for the purposes of the Air Force Act, 1950."

[No. F. 3/5/64-PoU(Spl.).]

HARI SHARMA, Addl. Secy.

PRINTED IN INDIA BY THE GENERAL MANAQER, GOVERNMENT OF INDIA PRESS, NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS, DELHI, 1 9 64
Cite this issue. Extraordinary Gazette of India, Government of India, 01 May 1964. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.csl_extraordinary.1964-05-01.E-1825-1964-0081-82802/. Archive identifier in.gazette.csl_extraordinary.1964-05-01.E-1825-1964-0081-82802.