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:-
CHAPTER I
PRELIMINARY
1.Short title and commencement.
1. Short title and commencement.(1) This Act may be called the
Navy Act, 1957.(2) It shall come into force on such date2 as the Central
Government may, by notification in the Official Gazette, appoint.
2.Persons subject to naval law.
2. 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;
———————————————————————-
1 This Act has been extended to Goa. Daman and Diu with modifications by Reg. 12 of 1962, s. 3 and Sch. and comes into, force in Pondicherry vide Reg. 7 of 1963. s. 3 and Sch. I (w.e.f. 1-10-
1963)
and brought into force in Dadra and Nagar Heveli by Reg. 6 of
1963, s. 2 and Sch. I (w.e.f. 1-7-1965).
2 1st January, 1958, vide Notification No. S.R.O. 11E, dated the
31st December, 1957, see Gazette of India. Extraordinary, 1958, Pt.
II, Sec. 4, p. 81.———————————————————————-
306.6(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 under section 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 passen-
ger, 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, notwith-
standing that he is discharged or dismissed with or without disgrace from the naval service or would otherwise but for this provision cease to be subject to naval law.
3.Definitions.
3. 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;
307.
(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 (5 of 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 the 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 ” mean 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.and 99, 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;
1[(12A) ” naval establishment” means an establishment belonging to, or under the control of, the Indian Navy whether within or without India;]
———————————————————————-
1 Ins. by Act 53 of 1974, s. 3.———————————————————————-
308.(13) ” naval offence ” means any of the offences under sections 34 to 76;
(14) ” naval service ” means the naval organisation of
India;
(15) ” naval tribunal ” means a court-martial constituted under section 97 and includes a disciplinary court consti-
tuted under section 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 ;
1[(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 under section 89 and includes any of his deputies or assistants or any other person lawfully exercising authority under him or on his behalf;
(20) 2[“sailor”] means a person in the naval service other than an officer ;
(21) “ship”, except in the expression “on board a ship”, in-
cludes 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
———————————————————————-
1 Subs. by Act 53 of 1974, s. 3, for cl. (1 7).
2 subs. by s. 2, ibid., for “seaman”.
———————————————————————
309.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, (45 of 1860) shall have the meanings respectively assigned to them in that Code.
4. 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 this Act.
CHAPTER II
THE NAVAL FORCES
5. 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.
CHAPTER III
SPECIAL PROVISIONS RELATING TO DISCIPLINE IN CERTAIN CASES
6. Provisions 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 scribed 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 engagemnent remain in force and notwithstanding that for the time being he may no be serving in any ship, be subject to naval law.
310.(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 other 1[sailors], as the case may be, for the purposes of this Act or of such provisions of this Act as may be so specified.
7.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 is 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 subsection (3) of section 93 2 [or in such cases and subject to such conditions as may be prescribed].
8.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 is 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 forte of arms without being liable for any injury or loss of life or any danger to or loss of property resulting therefrom
CHAPTER IV
COMMISSIONS, APPOINTMENTS AND ENROLMENTS
9. Eligibility or 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 :
———————————————————————
1 Subs. by Act 53 of 1974, s. 2 for “seamen”.
2 Ins. by s. 4, ibid.
———————————————————————
311.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.
10.commissions and appointments.
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.
11.Enrolment.
11. Enrolment.(1) Save as otherwise provided in this Act, the terms and conditions of service of 1[sailors], the person authorised to enrol for service as 1[sailors] and the manner and procedure of such enrolment shall be such as may be prescribed.
(2) No person shall be enrolled as a 2[sailor] in the Indian Navy for a period exceeding 3[twenty years] in the first instance;
Provided that in the case of a minor the said period of 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 tiny 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.
———————————————————————
1 Subs. by Act 53 of 1974, s. 2, for “seamen”.
2 Subs. by s. 2. ibid., for ” Seaman”.
3 Subs. by Act 34 of 1987, s.2.———————————————————————
312.12.Validity of enrolment.
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 a 1[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 a 1[sailor] in the naval service or invalidate any proceedings, act or thing taken or done prior to his discharge.
13.Oath of allegiance.
13. Oath of allegiance.Every officer and every 1[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:-
“I……..do swear in the name of God 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 the peril of my life.”
CHAPTER V
CONDITIONS OF SERVICE
14. Liability for service of officers and sailors.(1) Subject to the provisions of sub-section (4), officers and 2[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 no 1[sailor] shall be at liberty to resign his post except with the permission, of the prescribed officer.
———————————————————————-
1 Subs. by Act 53 of 1974, s. 2, for “seaman”.
2 Subs. by s. 2, ibid., for ” seamen “.
———————————————————————-
313.(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.
15.Tenure of service of officers and sailors.
15.Tenure of service of officers and sailors.(1) Every officer and 1[sailor] shall hold office during the pleasure of the President.
(2)Subject to the provisions of this Act and the regulations made thereunder,
(a)the Central Government may 2[dismiss or] discharge or retire from the naval service any officer or 1 [sailor] ;
(b) the Chief of the Naval Staff or any prescribed officer may 2[dismiss or] discharge from the naval service any
1[sailor].
16.Discharge on expiry of engagement.
16. Discharge on expiry of engagement.Subject to the provisions of section 18, a 1[sailor] shall be entitled to be discharged at the expiration of the term of service for which he is engaged unless-
(a) such expiration occurs during active service in which case he shall be liable to continue to serve for such further period as may be required by the Chief of the Naval Staff ;
or
(b) he is re-enrolled in accordance with the regulations made under this Act.
17.Provisions as to discharge.
17. Provisions as to discharge.(1) A 1[sailor] entitled to be discharged under section 16 shall be discharged with all convenient speed and in any case within one month of his becoming so entitled :
Provided that where a 1[sailor] is serving overseas at the time he becomes entitled to be discharged, he shall be returned to India for the purpose of being discharged, with all convenient speed, and in any case within three months of his becoming so entitled:
Provided further that where such enrolled person serving overseas does not desire to return to India, he may be discharged at the place where he is at the time.
———————————————————————-
1 Subs. by Act 53 of 1974, s. 2, for “seaman”.
2 Ins. by s. 5, ibid.
———————————————————————-
314.(2) Every 1[sailor) discharged shall be entitled to be conveyed free of cost from any place he may be at the time to any place in India to which he may desire to go.
(3) Notwithstanding anything contained in the preceding sub-
sections, an enrolled person shall remain liable to serve until he is duly discharged.
(4) Every 1[sailor] who is dismissed, discharged, retired, permitted to resign or released from service shall be furnished by the prescribed officer with a certificate in the language which is the mother tongue of such 1[sailor] and also in the English language setting forth-
(a) the authority terminating his service;
(b) the cause for such termination ; and
(c) the full period of his service in the Indian Navy and the Indian Naval Reserve Forces.
18.Saving of powers of dismissal by naval tribunals.
18. Saving of powers of dismissal by naval tribunals.Nothing in this Chapter shall affect the award by a naval tribunal of the punishment of dismissal with disgrace, or dismissal from the naval service under this Act.
19.Restrictions respecting right to form associations, freedom ofspeech, etc.
19. Restrictions respecting right to form associations, freedom of speech, etc.(1) No person subject to naval law shall, without the express sanction of the Central Government,-
(a) be a member of, or be associated in any way with, any trade union, labour union, political association or with any class of trade unions, labour, unions or political associations, or
(b) be a member of, or be associated in any way with, any other society, institution, association or organisation that is not recognised as part of the Armed Forces of the Union or is not of a purely social, recreational or religious nature.
Explanation.-If any question arises as to whether any society, institution, association or organisation is of a purely social, recreational or religious nature, the decision of the Central
Government thereon shall be final.
(2) No person subject to naval law shall attend or address any meeting or take any part in any demonstration organised by any body of persons for any political purposes or for such other purposes as may be specified in this behalf by the Central Government.
———————————————————————-
1 Subs. by Act 53 of 197 , s. 2, for “seaman”.
———————————————————————-
315.(3) No person subject to naval law shall communicate with the press or publish or cause to be published any book, letter or other document having bearing on any naval, army or air force subject or containing any fact or opinion calculated to embarrass the relations between the Government and the people or any section thereof or between the Government and any foreign country, except with the previous sanction of the Central Government.
(4) No person subject to naval law shall whilst he is so subject practise any profession or carry on any occupation, trade or business without the previous sanction of the Chief of the Naval Staff.
19A.
Reinstatement of persons belonging to the Indian Naval Reserve Forceson termination of period of training or actual service with the IndianNavy.
1[19A. Reinstatement of persons belonging to the Indian Naval
Reserve Forces on termination of period of period training or actual service with the Indian Navy. (1) If a person belonging to the Indian
Naval Reserve Forces is, during the period of his employment under an employer called up for training or called up into actual service with the Indian Navy in pursuance of his liability under any regulations made under this Act, it shall be the duty of every such employer to reinstate the person in his employment on the termination of the period of his training or service with the Indian Navy in an occupation and under conditions not less favourable to him than those which would have been applicable to him had his employment not been so interrupted;
Provided that if the employer refuses to reinstate such person or denies his liability to reinstate such person, or if for any reason reinstatement of such person is represented by the employer to be, impracticable, either party may refer the matter to the authority prescribed in this behalf and that authority shall, after considering all matters which may be put before it and after making such further inquiry into the matter as may be prescribed, pass an order-
(a) exempting the employer from the provisions of this section, or
(b) requiring the employer to re-employ such person on such terms as the authority thinks suitable, or
(c) requiring the employer to pay to such person by way of compensation for failure or inability to re-employ, a sum not exceeding an amount equal to six months remuneration at the rate at which his last remuneration was payable lo him by the employer.
(2) If any employer fails to obey the order of any such authority as is referred to in the proviso to subsection (1), he shall be punishable with fine which may extend to one thousand rupees, and the
———————————————————————-
1 Ins. by Act 53 of 1974, s.6.———————————————————————-
316.court by which an employer is convicted under this sub-section shall order him (if he has not already been so required by the said authority) to pay to the person whom he has failed to re-employ a sum equal to six months remuneration at the rate at which his last remuneration was payable to him by the employer, and any amount so required to be paid either by the said authority or by the court shall be recoverable as if it were a fine imposed by such court.
(3) In any proceeding under this section it shall be a defence for an employer to prove that the person formerly employed did not apply to the employer for reinstatement within a period of two months from the termination of the period of his training or service with the
Indian Navy.
(4) The duty imposed by sub-section (1) upon an employer to reinstate in his employment a person such as is described in that sub-
section shall attach to an employer who, before such person is actually called up for training, or called up into actual service with the Indian Navy, terminates his employment in circumstances such as to indicate an intention to evade the duty imposed by that sub-section, and such intention shall be presumed until the contrary is proved, if the termination takes place after the issue of orders calling him up for training or service with the Indian Navy under this Act.
19B. Preservation of service rights belonging to the Indian
Naval Reserve Forces when called up for training or actual service with the Indian Navy. When any person belonging to the Indian Naval
Reserve Forces and called up for training or called up into actual service with the Indian Navy in pursuance of his liability under any regulations made under this Act, has any rights under any provident fund or superannuation fund or other scheme for the benefit of employees maintained in connection with the employment he relin-
quishes, he shall continue, so long as he is engaged in training, or service with the Indian Navy and if he is reinstated, until such reinstatement under the provisions of this Act, to have in respect of such fund or scheme such rights as may be prescribed.]
