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| Air Force (Amendment) |
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AN ACT TO AMEND THE AIR FORCE ACT
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BE it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows:
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[20th December
, 1988 ]
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Short title.
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1. This Act may be cited as the Air Force (Amendment) Act, No. 82 of 1988,
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Amendment of section 40 of chapter 359.
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2. Section 40 of the Air Force Act (hereinafter referred to as the ” principal enactment”) is hereby amended by the substitution for subsection (3) of that section, of the following subsection:
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” (3) Where a non-commissioned officer other than a corporal is charged with any offence set out in this Act, his commanding officer shall, if the sentence on the conviction of the accused will involve forfeiture of pay or will not consist only of a minor punishment which a commanding officer is authorized to inflict by regulation made in that behalf, ask the accused whether he desires to be dealt with summarily or to be tried by a court martial, and he shall, if the accused elects to be tried by a court martial, take steps for the trial of the accused by a court martial, or if the accused does not so elect, proceed to deal with the accused summarily.”.
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Amendment of section 43 of the principal enactment
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3. Section 43 of the principal enactment is hereby amended by the substitution for paragraph (a) of that section of the following paragraph :
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” (a)
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(i) if the commanding officer is of the rank of Wing Commander or of higher rank, order the accused to be placed under detention, or imprisonment, for a period not exceeding ninety days, and such order of imprisonment shall not take effect until it is ratified by the Commander of the Air Force ;
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(ii) if the commanding officer is of a rank subordinate to Wing Commander, order the accused to be placed under detention for a period not exceeding twenty-eight days; or”.
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