APPLICABILITY OF ARMY ACT TO MNS OFFICERS

Whether the Army Act 1950 and particularly the 'officers' definition given in section 3(xviii) of Army Act 1950 is applicable to MNS officers or not ?

YES - Section 9 of MNS Ordinance 1943 speaks about the same as follows:

9. Application of Army Act, 1911 (now enacted as Army Act 1950), to members of Indian Military Nursing Service. – (1) The provisions of the Indian Army Act, 1911 (now enacted as AA 1950), shall, to such extent and subject to such adaptations and modifications as may be prescribed, apply to members of the Indian Military Nursing Service as they apply to Indian Commissioned officer, unless they are clearly inapplicable to women.

Now we have to see upto what extent it is applicable - this is very well prescribed in Rule 3 & 4 of the MNS Rules 1944 as follows:

3. Application of appropriate Acts. - In so far as they are capable of such application but subject to the provisions of these Rules -

(a) the provisions of the Indian Army Act, 1911 (now enacted as AA 1950), shall apply to officers of the Nursing Service mentioned in Sub-section (1) of section 9 of the Ordinance, as if they were Indian Commissioned officers, and

(b) the provisions of the Army Act shall apply to officers of the Nursing Services mentioned in Sub-section (2) of the said section, as if they were officers of the Regular Forces;

and references in the said Acts to military ranks shall, in relation to the Nursing Services, be construed as references to the corresponding ranks laid down in the Regulations made under the Ordinance for officers of the Nursing Service.

4. Modification of Indian Army Act, 1911 (now enacted as AA 1950). - Of the provisions of sections 25 to 42 of the Indian Army Act, 1911, only clause (d) of section 30 and clause (i) of section 39 (now of the provisions of sections 34 to 70 of the Army Act 1950, only section 39 and 63) shall apply to offences committed by officers of the Nursing Services and those provisions shall have effect in relation to such offences.

The Army Act 1950 has fifteen Chapters in total and Chapter XVI has been omitted. The interpretation of the Army Authorities that only two sections i.e. 39 & 63 of this entire Act is applicable to MNS officers is totally wrong and unjustifiable. Because the two sections mentioned above is related to offences committed by MNS Officers. In the Army Act 1950, these two sections 39 and 63 are coming under Chapter VI which is only related to offences. And, this Chapter VI has 37 sections in total (i.e. from 34 to 70).

With the above, it is clarified that only 2 sections under the offences chapters is made applicable to MNS officers with modifications and the entire Army Act is made applicable to MNS officers without any modifications. Therefore, the definition of ‘officers’ given in section 3(xviii) of the Army Act 1950 is very well applicable to MNS officers.

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