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[Section 13]
[Entire Act]
Union of India - Subsection
Section 13(3) in The Army Rules, 1954
| Category | Grounds of discharge | Competent authority to authorize discharge | Manner of discharge |
| 1 | 2 | 3 | 4 |
| Junior commissioned officers. | I.(i)(a) On completion of the period of service or tenure specified in the regulations for his rank or appointment, or on reaching the age limit, whichever is earlier, unless retained on the active list for a further specified period with the sanction of the Chief of the Army Staff, or on becoming eligible for release under the regulations. | Commanding officer | |
| (b) At his own request on transfer to the pension establishment. | Commanding officer | ||
| (ii) Having been found medically unfit for further service. | Commanding officer | To be carried out only on the recommendation of an Invaliding Board | |
| (iii) All other classes of discharge. | (a) In the case of Junior commissioned officers granted direct commissions during the first 12 months' service, Area/Divisional Commander | If the discharge is not at the request of the junior commissioned officer the competent authority before sanctioning the discharge shall, if the circumstances of the case permit, give the junior commissioned officer concerned an opportunity to show cause against the order of discharge. | |
| (b) In the case of JCOs, not covered by (a), serving in any Army or Command the general officer Commanding-in-Chief of that Army or Command if not below the rank of Lieutenant General | |||
| Warrant officer | II. (i)(a) On completion of the period of service or tenure specified in the regulations for this rank or appointment, or on reaching the age limit, whichever is earlier, unless retained on the active list for a further specified period with the sanction of the Brigade/Sub-Area Commander or on becoming eligible to release under the regulations. | ||
| (b) At the own request on transfer to the pension establishment. | Commanding officer | ||
| (ii) Having been found medically unfit for further service. | Commanding officer | To be carried out only on the recommendation of an Invaliding Board. | |
| (iii) All other classes of discharge. | Warrant officer Class-I the general officer Commanding-in-Chief of the command in which the warrant officer is serving other warrant officer, Divisional Area or Independent Brigade/Sub-Area Commanders | If the discharge is not at the request of the warrant officer the competent authority before sanctioning the discharge shall, if the circumstances of the case permit give the warrant officer an opportunity to show cause against the order of the discharge. | |
| Persons enrolled under the Act who have been attested | III. (i) On fulfilling the conditions of his enrolment or having reached the stage at which discharge may be enforced | [Commanding officer and, in the case of a person of the rank of havildar (or equivalent rank) where such person is to be discharged otherwise than at his own request and where the commanding officer below the rank of Lieutenant Colonel, the Brigade or Sub-Area Commander.] [Substituted by S.R.O. 166, dated 27.3.1965. ] | |
| (ii) On completion of a period of Army service only, there being no vacancy in the Reserve. | Commanding officer (in the case of persons unwilling to extend their Army service) | Applicable to person enrolled for both Army service and Reserve service. (A person who has the right to extend his Army service and wishes to exercise that right cannot be discharged under this head). | |
| (iii) Having been found medical unfit for further service | Commanding officer | To be carried out only on the recommendation of an invaliding Board. | |
| (iv) At his own request before fulfilling the conditions of his enrolment. | Commanding officer | The commanding officer will exercise the power only when he is satisfied as to the desirability of sanctioning the application and the strength of the unit will not thereby be unduly reduced. | |
| (v) All other classes of discharge | Brigade/Sub-Area Commander | The Brigade or Sub-Area Commander before ordering the discharge shall, if the circumstances of the case permit give to the person whose discharge is contemplated an opportunity to show cause against the contemplated discharge. | |
| Persons enrolled under the Act but not attested | IV. All classes of discharge | Commanding officer or officer commanding Recruit Reception Camp, or a Recruiting, Technical Recruiting or Deputy Technical Recruiting Officer | In the case of persons requesting to be discharged before fulfilling the conditions of their enrolment, the commanding officers will exercise this power only where he is satisfied as to the desirability of sanctioning the application and the strength of the unit will not thereby be unduly reduced. |
| Recruits who are considered unlikely to become efficient soldiers will be dealt with under this item. |