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NAVY ACT, 1957
62 of 1957
27th December, 1957
STATEMENT OF OBJECTS AND REASONS "The existing law relating to the Navy is contained in the Indian Navy (Discipline) Act, 1934. This Act was passed pursuant to section 66 of the Government of India Act, 1919, (later replaced bysection 105 of the Government of India Act, 1935), which empowered the then Indian Legislature to apply to the Naval Forces raised in India the provisions of the U.K. Naval Discipline Act. Accordingly the U.K. Naval Discipline Act, as modified and set forth in the First Schedule to the Indian Navy (Discipline) Act, 1934. was made applicable to the Indian Naval Forces. When the constitutional changes took place, action was taken to adapt this Act and it now appears as a self-contained Act. 2. This Act dealt largely with disciplinary provisions. There were no statutory provisions concerning the various matters of administration, enrolment, grant of commissions etc. 3. It was long considered that this lacuna should be filled and when the constitutional changes took place it became evident that it would be necessary to have a consolidating statute on the subject. In the meantime, in 1950, the revised Army Act and Air Force Act were passed by Parliament. It was not possible at that time to draft a revised Navy Bill as the present Act was modelled mainly on the corresponding British Act. In U.K., a special committee had been appointed to examine the question of the revision of the British Naval Code. It was thought that it would be an advantage to await the report of that Committee. The present draft has been made taking into account the report of that Committee. 4. In drawing up the present Bill, the provisions of the Army and Air Force Acts have been borne in mind, but changes have had to be accepted on account of difference of conditions of service of the Navy and Naval traditions and usages. 5. The main object of the present Bill is to make the law self-sufficient by incorporating the necessary provisions of certain other related enactments and regulations and to adapt the existing provisions to suit the new constitutional set- up and present day requirements. 6. The main changes in the existing law are as follows :- (a) the maximum punishments have been modified to conform to the agreed decision concerning punishments in the three services: (b) provisions have been inserted concerning grant of commissions and enrolment in the service and for prescribing conditions of service; (c) provisions have been inserted pursuant to article 33 of the Constitution to restrict or abrogate the application of fundamental rights to the members of the Armed Forces in so far as this is necessary for the maintenance of discipline; (d) provisions have been inserted for deductions from pay of officers and ratings for absence without leave, damage to Government property, etc.; (e) the penal-sections have been rationalised and a few amendments made which have been necessitated by experience: (f) the jurisdiction to try civil offences has been modified to conform to that existing in the Army and Air Force; (g) the main points of procedure of Courts-martial have been incorporated in the Bill; (h) officers of the non-executive branches of the Navy who were formerly not eligible to sit at Courts-martial have been made eligible, it being provided however, that the majority of the officers will consist of officers of the executive branch; it has also been provided that in certain special cases only officers of the executive branch should sit; (i) provision has been made for issue of commissions to examine witnesses; (j) the Indian Evidence Act has been made applicable to the procedures of Courts-martial; (k) the judicial review of the Judge Advocate-General of the Navy has been placed on a statutory basis and his qualifications have been prescribed; (l) the existing naval Courts-martial procedure permitting the accused to give evidence on oath has been continued with a slight modification to conform to the provisions in the Criminal Procedure Code, as amended by the recent Criminal Procedure Code Amendment Act; (m) provision has been made for winding up of estates of deceased persons,- Gaz. of India, 31-5-1957, Pt. II, S. 2, Extra., p. 287. . Amendment Act 53 of 1974.- The Navy Act, 1957 (62 of l957) was brought into force from the 1st of January, 1958. In the light of the experience gained in the working of the Act during the last fifteen years, certain deficiencies and shortcomings come to light. Although the naval air arm has been a part of the Navy for quite sometime, the Act does not provide for any offences relating to flying or aircraft. Similarly, there is no provision in the Act for the reinstatement of persons belonging to the Indian Naval Reserve Forces in their former employment on termination of actual service with the Navy, corresponding to that contained in the Indian Reserve Forces Act, 1884 or the Reserve and Auxiliary Air Force Act, 1952, and during the armed conflict in 1965 and 1971, the need for including a similar provision in the Act was acutely felt. Opportunity has, therefore, been taken to incorporate these provisions in the Act. 2, A new cadre of Master Chief Petty Officer was introduced in the Navy in December, 1968. This has necessitated an amendment to the definition of "petty officer" to bring Master Chief Petty Officer also within its purview. It is felt necessary to include certain new provisions which are existing in the Army and Air Force Acts and not provided for in the Navy Act such as the provision for dismissing an officer or sailor for misconduct which has led to his conviction on a criminal charge. 3. The Act prescribes the qualifications for appointment of the Judge Advocate-General and Deputy Judge Advocate- General in the Navy. To enable suitable and qualified service officers to be considered for these posts, a provision is being made to empower the Central Government to relax the qualification specified in exceptional circumstances. 4. The Bill mainly seeks to achieve the aforesaid objects.-Gaz. of Ind., 21 -11 -1973, Pt. II, S. 2, Ext., p.914. Amendment Act 48 of 1982.- The Navy Act, 1957 which was brought into force with effect from the 1st January, 1958 was last amended in 1974. In the light of the experience gained from the administration of the Act, it is proposed to make certain further amendments in that Act to-avoid scope for some difficulties which have been experienced and to remove certain deficiencies therein. 2. The more important amendments proposed to be made are as follows :- ( 1 )A new cadre, namely, master chief petty officers, was introduced in the Navy in 1968. It has been noticed in some cases of offences by master chief petty officers that while the offences were not of a sufficiently serious nature to justify trial by Court-martial, the alternative method of dealing with such offences by awarding summary punishments was not adequate. It is, therefore, proposed to include in the category of summary punishments which may be awarded to these officers more serious punishments by way of forfeiture of seniority for a period of not more than twelve months and forfeiture of time for purposes of promotion for a period of not more than twelve months [vide clause 3(a), (b) and clause 4(b), (c)]. (2)Section 84 of the Army Act, 1950andsection 86 of the Air Force Act, 1950contain provision for summary trial of officers below the rank of Lt. Colonel and Squadron Leader respectively, whilstsection 94 of the Navy Act, 1957contains provision for summary trial of only subordinate officers with the expansion of the Navy, and keeping in view the institution of full-fledged commands and the upgradation of the officers holding command, it is felt that it is appropriate now to bring the provisions of the saidsection 94of the Navy Act into conformity with the corresponding provisions of the Army and Air Force Acts, S. 94 is acccordingly being amended to provide for summary trial of officers below the rank of commander [vide clause 5]. (3) Anewsection,184Ais proposed to be, inserted to enable the making of beneficial regulations with retrospective effect. This power is basically intended to be availed of for regularising benefits conferred by executive orders. The relevant provision is on the lines of similar provisions contained in other enactments, such as the All India Services Act, 1951 and is also in accordance with the recommendations of the Committees of Parliament on Subordinate Legislation [vide clause 11]. 3. The other changes proposed in the Bill are for substituting the references to the Code of Criminal Procedure, 1898 by references to the new Code of 1973 and for making certain other changes of a minor or consequential nature. 4. The Bill seeks to achieve the above objects- Gaz. of Ind., 16-3-1982, Pt. II, S.2, Ext., p. 194.
An Act to consolidate and amend the law relating to the Government of the Indian Navy Be it enacted by Parliament in the Eighth Year of the Republic of India as follows :-
SECTION 01: SHORT TITLE AND COMMENCEMENT
( 1 ) This Act may be called the Navy Act, 1957.
(2) It shall come into force on such date" as the Central Government may, by notification in the Official Gazette, appoint.
SECTION 02: PERSONS SUBJECT TO NAVAL LAW
(1) The following persons shall be subject to naval law wherever they may be, namely :-
(a) every person belonging to the Indian Navy during the time that he is liable for service under this Act;
(b) every person belonging to the Indian Naval Reserve Forces when he is-
(i) on active service; or
(ii) in or on any property of the naval service including naval establishments, ships and other vessels, aircraft, vehicles and armouries; or
(iii) called up for training or undergoing training in pursuance of regulations made under this Act, until he is duly released from his training; or
(iv) called up into actual service in the Indian Navy in pursuance of regulations made under this Act, until he is duly released therefrom; or
(v) in uniform;
(c) members of the regular Army and the Air Force when embarked on board any ship or aircraft of the Indian Navy, to such extent and subject to such conditions as may be prescribed;
(d) every person not otherwise subject to naval law, who enters into an engagement with the Central Government undersection 6-;
(e) every person belonging to any auxiliary forces raised under this Act, to such extent and subject to such conditions as may be prescribed; and
(f) every person who, although he would not otherwise be subject to naval law is by any other Act or during active service by regulations made under this Act in this behalf made subject to naval law, to such extent and subject to such conditions as may be prescribed.
(2) The following persons shall be deemed to be persons subject to naval law, namely :-
(a) every person ordered to be received, or being a passenger, on board any ship or aircraft of the Indian Navy, to such extent and subject to such conditions as may be prescribed;
(b) every person sentenced under this Act to imprisonment or detention, during the term of his sentence, notwithstanding that he is discharged or dismissed with or without disgrace from naval service or would otherwise but for this provision cease to be subject to naval law.
SECTION 03: DEFINITIONS
- In this Act, unless the context otherwise requires,-
(1) "active service" means service or duty-
(a) during the period of operation of a Proclamation of Emergency issued under clause (1) of article 352 of the Constitution; or
(b) during any period declared by the Central Government by notification in the Official Gazette as a period of active service with reference to any area in which any person or class of persons subject to naval law may be serving;
(2) "Chief of the Naval Staff" means the flag officer appointed by the President as Chief of the Naval Staff or in his absence on leave or otherwise an officer appointed by the Central Government to officiate as such or in the absence of such officiating appointment the officer on whom the command devolves in accordance with regulations made under this Act;
(3) "civil offence" means an offence triable by a Court of ordinary criminal jurisdiction in India;
(4) "civil prison" means any jail or place used for the detention of any criminal prisoner under the Prisons Act, 1894, or under any other law for the time being in force;
(5) "commissioned officer" means a person holding a commission from the President in Indian Navy or the Indian Naval Reserve Forces:
(6) "Court-martial" means a Court-martial constituted under this Act;
(7) "enemy" includes all armed rebels, armed mutineers, armed rioters and pirates and any person in arms against whom it is the duty of any person subject to naval law to act;
(8) "flag officer" means an officer of the rank of Admiral of the Fleet, Admiral, Vice-Admiral or Rear-Admiral;
(9) "Indian Naval Reserve Forces" means the naval reserve forces raised and maintained by the Central Government;
(10) "Indian Navy" means the regular naval forces raised and maintained by the Central Government;
(11) "Indian waters," for the purposes of sections 31-,97-and99-, means the seas extending from the shores of India to such limits as may be prescribed;
(12) "naval custody" means the arrest or confinement of a person in the prescribed manner or in accordance with the usages of the naval service, and includes military or air force custody;
3[(12A) "naval establishment" means anestablishment belonging to, or under the control of, the Indian Navy whether within or without India;]
(13) "naval offence" means any of the offences undersections 34-to76-:
(14) "naval service" means the naval organisation of India;
(15) "naval tribunal" means a Court-martial constituted undersection 97-and includes a disciplinary Court constituted undersection 96-, a commanding officer or other officer or authority exercising powers of punishment under this Act;
(16) "officer" means a commissioned officer and includes a subordinate officer but does not include a petty officer;
4[(17) "petty officer" means a sailor rated as such and includes a chief petty officer and a master chief petty officer;]
(18). "prescribed" means prescribed by regulations made under this Act;
(19) "provost-marshal" means a person appointed as such undersection 89-and includes any of his deputies or assistants or any other person lawfully exercising authority under him or on his behalf;
(20)5["sailor"] means a person in the naval service other than an officer;
(21) "ship," except in the expression "on board a ship," includes an establishment of the Indian Navy commissioned as a ship in accordance with the custom of the navy;
(22) "subject to naval law" means liable to be arrested and tried under this Act for any offence;
(23) "subordinate officer" means a person appointed as an acting sub-lieutenant, a midshipman or a cadet in any branch of the Indian Navy or the Indian Naval Reserve Forces, but does not include a cadet whilst under training in a joint service institution;
(24) "superior officer," when used in relation to a person subject to naval law, means any officer or petty officer who is senior to that person under regulations made under this Act and any officer or petty officer, who though not so senior to that person, is entitled under this Act or the regulations made thereunder to give a command to that person, and includes, when such person is serving under prescribed conditions, an officer, junior commissioned officer, warrant officer, non- commissioned officer of the regular Army or the Air Force of higher relative rank to that person or entitled under this Act or the regulations made thereunder to give a command to that person;
(25) all words and expressions used but not defined in this Act but defined in the Indian Penal Code, shall have the meanings respectively assigned to them in that Code.
SECTION 04: FUNDAMENTAL RIGHTS TO APPLY TO PERSONS SUBJECT TO NAVAL LAW WITH MODIFICATIONS
The rights conferred by Part III of the Constitution in their application to persons subject to naval law shall be restricted or abrogated to the extent provided in that Act.
SECTION 05: POWER OF CENTRAL GOVERNMENT TO RAISE AND MAINTAIN NAVAL FORCES
The Central Government may raise and maintain a regular naval force and also reserve and auxiliary naval forces.
SECTION 06: PROVISION RESPECTING DISCIPLINE OF PERSONS UNDER ENGAGEMENT TO SERVE CENTRAL GOVERNMENT
(1) If any person not otherwise subject to naval law enters into an engagement with the Central Government to serve,-
(a) in a particular ship; or.
(b) in such particular ship or in such ships as the Central Government, the Chief of the Naval Staff, or the prescribed officer may, from time to time, determine; and agrees to become subject to naval law upon entering into the engagement, that person shall, so long as the engagement remains in force and notwithstanding that for the time being he may not be serving in any ship, be subject to naval law.
(2) The Central Government may, by order, direct that, subject to such exceptions as may in particular cases be made by or on behalf of the Chief of the Naval Staff, persons of any such class as may be specified in the order shall, while being subject to naval law by virtue of this section, be deemed to be officers, petty officers or other6[sailors], as the case may be, for the purposes of this Act or of such provisions of this Act as may be so specified.
SECTION 07: RELATIONS BETWEEN THE MEMBERS OF THE NAVY, ARMY AND AIR FORCE ACTING TOGETHER
(1) When members of the regular Army and the Air Force or of either of these forces are serving with members of the Indian Navy or Indian Naval Reserve Forces under prescribed conditions, then those members of the regular Army or the Air Force shall exercise such command, if any, and be subject to such discipline as may be prescribed.
(2) Nothing in sub-section (1) shall be deemed to authorise the exercise of powers of punishment by members of the regular Army or the Air Force over members of the Indian Navy or the Indian Naval Reserve Forces, except as provided in clause (e) of sub-section (3) ofsection 93-7[or in such cases and subject to such conditions as may be prescribed].
SECTION 08: PROVISION RESPECTING DISCIPLINE OF MASTER OF MERCHANT VESSEL UNDER CONVOY
(1) Every master or other person for the time being in command of any merchant or other vessel comprised in a convoy under the command of an officer of the Indian Navy shall obey, in all matters relating to the navigation or security of the convoy, any directions which may be given by such officer, and shall take such precautions for avoiding the enemy as may be required by any such directions.
(2) If any such directions are not obeyed, any such officer or any person acting under his orders may compel obedience by force of arms without being liable for any injury or loss of life or any danger to or loss of property resulting therefrom.
SECTION 09: ELIGIBILITY FOR APPOINTMENT OR ENROLMENT
(1) No person who is not a citizen of India shall be eligible for appointment or enrolment in the Indian Navy or the Indian Naval Reserve Forces except with the consent of the Central Government: Provided that nothing in this section shall, render a person ineligible for appointment or enrolment in the Indian Navy or the Indian Naval Reserve Forces on the ground that he is a subject of Nepal.
(2) No woman shall be eligible for appointment or enrolment in the Indian Navy or the Indian Naval Reserve Forces except in such department, branch or other body forming part thereof or attached thereto and subject to such conditions as the Central Government may, by notification in the Official Gazette, specify in this behalf.
SECTION 10: COMMISSIONS AND APPOINTMENTS
( 1 ) Officers other than subordinate officers shall be appointed by commission granted by the President.
(2) The grant of the commission shall be notified in the Official Gazette and such notification shall be conclusive proof of the grant of such commission.
(3) Subordinate officers shall be appointed in such manner and shall hold such rank as may be prescribed.
SECTION 11: ENROLMENT
(1) Save as otherwise provided in this Act, the terms and conditions of service of8[sailors], the person authorised to enroll for service as8[sailors] and the manner and procedure of such enrolment shall be such as may be prescribed.
(2) No person shall be enrolled as a8[sailor] in the Indian Navy for a period exceeding9 [twenty years] in the first instance; Provided that in the case of a minor the said period of9[twenty years] shall be reckoned from the date on which he attains the age of seventeen.
(3) Notwithstanding anything contained in any other law for the time being in force-
(a) the enrolment of any person under this Act shall be binding on him both during his minority and after he attains majority;
(b) neither the parent or guardian of a minor duly enrolled under this Act nor any other person shall be entitled to claim custody of the said minor as against the Central Government or any of its officers or other persons set over him.
SECTION 12: VALIDITY OF ENROLMENT
Where a person after his enrolment has for a period of three months from the date of such enrolment been in receipt of pay as a10[sailor], he shall be deemed to have been duly enrolled and shall not thereafter be entitled to claim his discharge on the ground of any irregularity or illegality in his engagement or any other ground whatsoever; and if within the said three months such person claims his discharge no such irregularity or illegality or other ground shall, until such person is discharged in pursuance of his claim, affect his position as a10[sailor] in the naval service or invalidate any proceedings, act or thing taken or done prior to his discharge.
SECTION 13: OATH OF ALLEGIANCE
Every officer and every11[sailor] shall, as soon as may be, after appointment or enrolment make and subscribe before the commanding officer of the ship to which he belongs, or the prescribed officer an oath or affirmation in the following form, that is to say :- swear in the name of God "I..........................do - solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established and that I will, as in duty bound, honestly and faithfully serve in the naval service and go wherever ordered by sea, land or air, and that I will observe and obey all commands of the President and the commands of any superior officer set over me, even to to the peril of my life".
SECTION 14: LIABILITY FOR SERVICE OF OFFICERS AND
12[SAILORS]-
(1) Subject to the provisions of sub- section (4), officers and12[sailors] shall be liable to serve in the Indian Navy or the Indian Naval Reserve Forces, as the case may be, until they are duly discharged, dismissed, dismissed with disgrace, retired, permitted to resign, or released.
(2) No officer shall be at liberty to resign his office except with the permission of the Central Government and no12[sailor] shall be at liberty to resign his post except with the permission of the prescribed officer.
(3) The acceptance of any resignation shall be a matter within the discretion of the Central Government or the officer concerned, as the case may be.
(4) Officers retired or permitted to resign shall be liable to recall to naval service in an emergency in accordance with regulations made under this Act, and on such recall shall be liable to serve until they have been duly discharged dismissed, dismissed with disgrace, retired, permitted to resign, or released.
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