Defence Forces (Temporary Provisions) (No. 2) Act, 1940


Provisions in Relation to Command, Constitution and Organisation of the Defence Forces.

Military command.

13.—(1) Under the direction of the President acting on the advice of the Government and subject to the provisions of the Acts and this Act, the military command of and all executive and administrative powers in relation to the Defence Forces including the power to delegate command and authority, shall be exercisable by the Government through and by the Minister.

(2) The delegation of command and authority—

(a) may be in relation to any one or more of the following—

(i) any formation of troops,

(ii) a geographical area,

(iii) a State ship;

(b) may be made subject to such exceptions and limitations as the delegating authority may think fit,

and for the purpose of sub-paragraph (ii) of paragraph (a) of this sub-section the Minister may divide the State into such and so many military areas as he thinks fit.

(3) The Minister may make regulations, applying to officers, as to the persons to be invested as officers with military command over the Defence Forces or any part thereof or any person belonging thereto, and as to the mode in which such command is to be exercised.

(4) The inspection of the Defence Forces or any portion therof may, subject to this Act, be vested in such officer or officers as may be appointed by the Government.