Page:Army Act, 1950 on Gazette of India.pdf/43

THE GAZETTE OF INDIA EXTRAORDINARY 184. Release on suspension.—Where a sentence is suspended under section 182, the offender shall forthwith be released from custody.

185. Computation of period of suspension.—Any period during which the sentence is under suspension shall be reckoned as part of the term of such sentence.

186. Order alter suspension.—The authority or officer specified in section 182 may, at any time while a sentence is suspended, order—
 * (a) that the offender be committed to undergo the jnexpired portion of the sentence, or
 * (b) that the sentence be remitted.

187. Reconsideration of case after suspension.—(1) Where a sentence has been suspended, the case may at any time, and shall at intervals of not more than four months, be reconsidered by the authority or officer specified in section 182, or by any general or other officer not below the rank of field officer duly authorised by the authority or officer specified in section 182.

(2) Where on such reconsideration by the officer so authorised it appears to him that the conduct of the offender since his conviction has been such as to justify a remission of the sentence he shall refer the matter to the authority or officer specified in section 182.

188. Fresh sentence after suspension.—Where an offender, while a sentence on him is suspended under this Act, is sentenced for any other offence, then—
 * (a) if the further sentence is also suspended under this Act, the two sentences shall run concurrently;
 * (b) if the further sentence is for a period of three months or more and is nob suspended under this Act, the offender shall also be committed to prison or military custody for the unexpired portion of the previous sentence, but both sentences shall run concurrently; and
 * (c) if the further sentence is for a period of less than three months and is not suspended under this Act, the offender shall be so committed on that sentence only, and the previous sentence shall, subject to any order which may be passed under section 186 or section 187, continue to be suspended.

189. Scope of power of suspension.—The powers conferred by sections 182 and 186 shall be in addition to and not in derogation of the power of mitigation, remission and commutation.

190. Effect of suspension and remission on dismissal.—(1) Where in addition to any other sentence the punishment of dismissal has been awarded by a court-martial, and such other sentence is suspended under section 182, then such dismissal shall not take effect until so ordered by the authority or officer specified in section 182.

(2) If such other sentence is remitted under section 186, the punishment of dismissal shall also be remitted.

CHAPTER XV RULES
191. Power to make rules.—(1) The Central Government may make rule for the purpose of carrying into effect the provisions of this Act.

(2) Without prejudice to tho generality of the power conferred by sub-section (1), the rules made thereunder may provide for—
 * (a) the removal, retirement, release or discharge from the service of persons subject to this Act;