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162. Petitions to the Central Government or Chief of the Naval
Staff against findings of sentences.Any person subject to naval law who considers himself aggrieved by a finding or sentence of any court-
martial may present a petition to the Central Government or to the
Chief of the Naval Staff, and the Central Government or the Chief of the Naval Staff, as the case may be, may pass such order thereon as may be thought fit.
163.Powers of Central Government and the Chief of the Naval Staff inrespect of findings and sentences.
163. Powers of Central Government and the Chief of the Naval
Staff in respect of findings and sentences.(1) Where any person is tried under the provisions of this Act, the Central Government or the
Chief of the Naval Staff, may, in the case of a conviction.-
(a) set aside the finding and sentence and acquit or discharge the accused or order him to be retried, or
(b) alter the finding, maintaining the sentence (provided that such sentence may be legally passed on the altered finding), or
(c) with or without altering the finding, reduce the sentence or commute the punishment awarded for any punishment inferior in scale, or
(d) either with or without conditions, pardon the person or remit the whole or any part of the punishment awarded, or
(e) either with or without conditions, release the person on parole:
Provided that a sentence of imprisonment shall not be commuted for a sentence of detention for a term exceeding the term of imprison-
ment awarded, and a sentence of dismissal with disgrace not accom-
panied by a sentence of imprisonment shall not be commuted for a sentence of detention:
Provided further that nothing in this section shall authorise the
Central Government or the Chief of the Naval Staff to enhance the sentence.
(2) Any sentence modified under the provisions of sub-section
(1) shall be carried into execution as if it had been originally passed.
(3) If any condition on which a person has been pardoned or released on parole or a punishment has been remitted is in the opinion of the authority which granted the pardon, release or remission not fulfilled, such authority may cancel the pardon or release or
369.remission and thereupon the sentence awarded shall be carried into effect as if such pardon, release or remission had not been granted:
Provided that in the case of a person sentenced to imprisonment or detention such person shall undergo only the unexpired portion of the sentence.
164.Suspension of sentences.
164. Suspension of sentences.(1) Where a person has been sentenced to imprisonment or detention, the Central Government or the officer who by virtue of of the foregoing section or sub-section (3)
of section 150 has power to issue an order of committal (hereinafter in this section referred to as “the committing authority”) may, in lieu of issuing such an order, order that the sentence be suspended until an order of committal is issued, and in such case-
(a) notwithstanding anything in this Act, the term of the sentence shall not be reckoned as commencing until an order of committal is issued ;
(b) the case may at any time, and shall at intervals of not more than three months, be reconsidered by the Central Gov-
ernment or committing authority or the prescribed officer, and if on any such reconsideration it appears to the Central
Government or committing authority or such prescribed officer that the conduct of the offender since his conviction has been such as to justify a remission of the sentence, the
Central Government or committing authority or such prescribed officer shall remit the whole or any part of it ;
(c) subject to regulations made under this Act, the Central
Government or the committing authority or such prescribed officer may at any time whilst the sentence is suspended issue an order of committal and thereupon the sentence shall cease to be suspended ;
(d) where a person subject to naval law, whilst a sentence on him is so suspended, is sentenced to imprisonment or detention for any other offence then, if he is at any time committed either under the suspended sentence or under any such subsequent sentence, and whether or not any such subsequent sentence has also been suspended, the committing authority may direct that the two sentences shall run either concurrently or consecutively, so, however, as not to cause a person to undergo detention for a period exceeding the aggregate of two consecutive years.
370
(2) When a person has been sentenced to imprisonment or deten-
tion and an order of committal has been issued, the Central Government or the committing authority, or prescribed officer may order the sentence to be suspended, and in such cases the person whose sentence is suspended shall be discharged and the currency of the sentence shall be suspended until he is again committed under the same sentence, and the provisions of clauses (b), (c) and (d) of subsection
(1) shall apply in like manner as in the case where a sentence has been suspended before an order of committal has been issued.
(3) Where a sentence is suspended under this section, whether before or after committal, the Central Government or, subject to re-
gulations made under this Act, the committing authority or officer by whom the sentence is suspended, may direct that any penalty which is involved by the punishment of imprisonment or detention either shall be or shall not be remitted or suspended.
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CHAPTER XVII
OFFENCES IN RELATION TO COURTS-MARTIAL, DISCIPLINARY COURTS AND PRISONS
165.Offences by persons not subject to naval law in relation to courts-martial and disciplinary court. Every person not subject to naval law, who,-
(a) being duly summoned or ordered to attend as a witness before a court-martial or disciplinary court fails to attend without due cause, or
(b) refuses to take an oath or make an affirmation legally required by a court-martial or disciplinary court to be taken or made, or
(c) being sworn or affirmed, refuses to answer any questions put by or before a court-martial or disciplinary court, which he is in law bound to answer, or
(d) refuses to produce or deliver up a document in his power which the court-martial or disciplinary court may legally demand, or
(e) is guilty of contempt of court-martial or disciplinary court, shall be punished with imprisonment for a term which may extend to two years, or with fine, or with both.
371.166.Penalties for aiding escape or attempt to escape of prisoners and forbreach of prison regulations.
166. Penalties for aiding escape or attempt to escape of prisoners and for breach of prison regulations.(1) Every person, who,-
(a) conveys or causes to be conveyed into any naval prison or navel detention quarters any arms, tools, or instruments, or any mask or other disguise to facilitate the escape of any prisoner or person undergoing detention, or
(b) by any means whatever aids any prisoner or person undergoing detention to escape or in an attempt to escape from such prison or naval detention quarters, whether an escape be actually made or not,
shall be punished with imprisonment for a term which may extend to fourteen years.
(2) Every person who brings or attempts to bring into a naval prison or naval detention quarters, in contravention of regulations made under this Act, any spirituous or fermented liquor, shall for every such offence be punished with a fine not exceeding two hundred rupees and not less than one hundred rupees.
(3) Every person, who,-
(a) brings into a naval prison or naval detention quarters or to or for any prisoner or person undergoing detention, without the knowledge of the officer having charge or command thereof, any money, clothing, provisions, tobaco, letters, papers, or other articles not allowed by the rules of the prison or naval detention quarters, to. be in the possession of a prisoner or person undergoing detention, or
(b) throws into the said prison or naval detention quarters, any such articles, or by desire of any prisoner or person undergoing detention, without the sanction of the said officer carries out of the prison or naval detention quarters any of the articles aforesaid,
shall for every such, offence be punished with a fine not exceeding two hundred rupees.
(4) Every person, who,-
(a) interrupts any officer of a naval prison or naval detention quarters in the execution of his duty, or
(b) aids or abets any person to assault resist or interrupt any such officer,
372.shall for every such offence be punished with imprisonment which may extend to two years, or with fine, or both,.
(5) Every fine recovered under the foregoing sub-sections of this section shall be applied as the Central Government may direct notwithstanding any law, charter, or custom to the contrary.
167.Penalty as regards gaolers, etc.
167. Penalty as regards gaolers, etc.Every governor, gaoler, and keeper of any prison, gaol, or house of correction or of any naval detention quarters, and every person having the charge or command of any place, ship, or vessel for imprisonment, who shall without lawful excuse, refuse or neglect to receive or confine, remove, discharge, or deliver up any offender against the provisions of this Act, or any of them, shall incur for every such refusal or neglect a penalty not exceeding one thousand rupees and every such penalty shall be applied as the Central Government may direct notwithstanding any law, charter, or custom to the contrary.
CHAPTER XVIII
JUDGE ADVOCATE GENERAL OF THE NAVY AND OFFICERS OF HIS DEPARTMENT
168.Appointment of the Judge Advocate General of the Navy and his subordinate officers.(1) There shall be appointed by the Central
Government a Judge Advocate General of the Navy and as many judge advocates in the department of the Judge Advocate General of the Navy as the Central Government may deem necessary.
(2) Out of the judge advocates so appointed, the Central Govern-
ment may designate any one to be the Deputy Judge Advocate General of the Navy.
(3) A person shall not be qualified for appointment as Judge
Advocate General of the Navy unless he–
(a) is a citizen of India, and
(b) has for at least ten years held a judicial office in the territory of India, or
(c) has for at least ten years been an advocate of a High
Court or two or more such courts in succession:
1[Provided that the Central Government may, if it is of opinion that it is necessary or expedient so to do in the exigencies of service, relax, for reasons to be recorded in writing, the qualification specified in clause (b) or clause (c) in respect of any person.]
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1 Ins. by Act 53 of 1974, s 17.———————————————————————-
373.(4) A person shall not be qualified for appointment as Deputy
Judge Advocate General of the Navy unless he-
(a) is a citizen of India, and
(b) has for at least seven years held a judicial office in the territory of India, or
(c) has for at least seven years been an advocate of a High
Court or two or more such courts in succession :
1[Provided that the Central Government may, if it is of opinion that it is necessary or expedient so to do in the exigencies of service, relax, for reasons to be recorded in writing, the qualification specified in clause (b) or clause (c) in respect of any person.]
(5) A person shall not be qualified for appointment as a Judge advocate unless he-
(a) is a citizen of India, and
(b) is qualified for enrolment as an advocate or a pleader of High Court.
Explanation.-For the purposes of this section,-
(a) in computing the period during which a person has been judicial office in the territory of India or been an advocate of a High Court, there shall be included any period before the commencement of the Constitution during which he has held judicial office in any area which was comprised before the
15th day of August, 1947, within India as defined in the
Government of India- Act, 1935, or has practised as an advocate of any High Court in any such area as the case may be;
(b) in computing the period during which a person has held an advocate of a High Court, there shall be included any period during which the person has held judicial office after he became an advocate;
(c) the expression “judicial office” shall be deemed to include the office of the Judge Advocate of the Fleet or any of his deputies or assistants and any other legal or judicial office in the department of the Judge Advocate of the Fleet held before the commencement of this Act, and the office of the Judge Advocate General of the Navy or of a judge advocate held after the commencement of this Act.
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1 Ins. by Act 53 of 1974, s, 17,
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374.169.Functions of the Jadge Advocate General of the Navy.
169. Functions of the Jadge Advocate General of the Navy.It shall be the duty of the Judge Advocate General of the Navy to perform such duties of a legal and judicial character pertaining to the Indian Navy as may from time to time be referred or assigned to him by the Central
Government or the Chief of the Naval Staff, and to discharge the functions conferred on him by or under this Act or any other law for the time being in force.
170.
Discharge of functions of the Judge Advocate General of the Navy inhis absence.
170. Discharge of functions of the Judge Advocate General of the Navy in his absence.The functions of the Judge Advocate General of the Navy shall in his absence on leave or otherwise, be performed by such one of the judge advocates in his department as may be designated in this behalf by the Chief of the Naval Staff.
CHAPTER XIX
DISPOSAL OF THE PRIVATE PROPERTY OF PERSONS DECEASED, MISSING, ETC
171. Disposal of property of deceased sailors.(1) On the death of a 1[sailor] while subject to naval law, the commanding officer of the ship to which the 1[sailor] belonged shall as soon as may be,-
(a) secure all movable property belonging to the deceased that is in the ship or quarters and cause an inventory thereof to be made ;
(b) draw the pay and allowances due to such persons;
(c) if he thinks fit, and subject to any regulations made In this behalf, collect all moneys left by the deceased in any banking company, including any post office savings bank, co-
operative bank or society, or any other institution receiving deposits in money however named, and for that purpose may require the agent, manager or other proper authority of such banking company, society or other institution to pay the moneys to the commanding officer forthwith, notwithstanding anything in the rules of the banking company, society or institution; and such[ agent, manager or other authority shall, notwithstanding anything contained in any other law, be bound to comply with the requisition.
(2) Where any money has been paid by the banking company, society or other institution in compliance with the requisition under clause (c) of sub-section (1), no person shall have any claim against
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1 Subs by Act 53 of 1974, s.2, for “seaman”
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375.
the said banking company, society or other institution in respect of such money.
(3) The commanding officer shall, if in his opinion it is necessary for the purpose of securing the payment of the ship and service debts and other debts in the ship or quarters of the deceased and the expenses, if any, incurred by the commanding officer in respect of the estate of the deceased, cause the movable property of the deceased to be sold or converted into money.
(4) If the representative of the deceased is on the spot and either pays or gives security for the payment of the ship and service debts and other debts in ship or quarters due from the deceased, the commanding officer shall not take action under clause (c) of sub-
section (1) or under sub-section (3).
(5) The commanding officer shall, out of the moneys so received, collected or realised under sub-sections (1) and (3), pay the ship and service debts and other debts in ship or quarters of the deceased, and the expenses incurred in connection with the realisation of the assets of the deceased.
(6) Any property left over after meeting the expenditure indi-
cated in sub-section (5), or where the representative had paid or given security for the payment of the ship and service debts and other debts in ship or quarters the entire property of the deceased, shall be delivered over by the commanding officer to the representative of the deceased, whereupon his responsibility for the administration of the estate of the deceased shall cease.
(7) If no claim is made in respect of the said surplus by a representative of the deceased within twelve months of the death, the commanding officer shall take steps to hand over the property to the prescribed person who shall continue the administration of the estate of the deceased as provided for in section 176.
172.Disposal of property of deceased officers.
172. Disposal of property of deceased officers.The provisions of section 171 shall also apply to the disposal of the property of an officer who dies while subject to naval law, but with the following modifications, namely:-
(i) the functions of the commanding officer under section
171 shall be performed by a Committee of Adjustment con-
stituted in this behalf in the prescribed manner; and
(ii) the surplus, if any, after the payment of debts and expenses specified in sub-section (3) of section 171 shall be paid to the person prescribed in this behalf.
376.
173.Decision of question as to ship and service debts and other debts inship or quarters.
173.Decision of question as to ship and service debts and other debts in ship or quarters.If in any case a doubt or difference arises as to what are the ship or service debts and the debts in ship or quarters of a deceased officer or 1[sailor] or as to the amount payable in respect thereof, the decision of the prescribed person shall be final and shall be binding on all persons for all purposes.
174.Nature of the powers of commanding officer or committee ofAdjustment.
174. Nature of the powers of commanding officer or committee of Adjustment.For the purpose of the exercise of his or its duties under section 171 or 172, as the case may be, the commanding officer or the Committee of Adjustment, as the case may be, shall, to the exclusion of all other persons and authorities have the same rights and powers as if the commanding officer or the Committee had taken out representation to the estate of the deceased, and any receipt given by such commanding officer or the Committee, as the case may be, shall have effect accordingly.
Explanation.-” Representation ” includes probate, letters of administration with or without the will annexed and a succession certificate issued by a court of competent jurisdiction constituting a person executor or administrator of the estate of the deceased person or authorising him to receive or realise the assets of a deceased person.
175.Powers of Central Government to hand over estate of deceased personsto the
Administrator-General.
175. Powers of Central Government to hand over estate of deceased persons to the Administrator-General.(1) Notwithstanding anything contained in the Administrator-Generals Act, 1913 (3 of
1913), an Administrator-General shall not interpose in any manner in relation to any property of a deceased which has been dealt with under section 171 or section 172 except in so far as he is expressly required or competent to do so by or under the provisions of this Act.
(2) The Central Government may, at any time and in such cir-
cumstances as it thinks fit, direct that the estate of a deceased
1[sailor] or officer shall be handed over by the commanding officer or the Committee of Adjustment, as the case may be, to the Administrator-
General of a State for administration and thereupon such commanding officer or the Committee shall make over the estate to such
Administrator-General.
(3) Where under this section any estate is handed over to the
Administrator-General, the latter shall administer such estate in accordance with the provisions of the Administrator-Generals Act,
1913 (3 of 1913).
Provided that where the estate is handed over to the Adminis-
trator-General before the ship and service debts and other debts
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1 Subs. by Act 53 of 1974, s. 2, for “seaman”
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377.in ship or quarters of the deceased are paid, it shall be the duty of the Administrator-General to pay these debts in priority to any other debts due by the deceased.
(4) The Administrator-General shall pay the surplus, if any, remaining in his hands after discharging all debts and charges, to the heirs of the deceased and if no heir is traceable, shall make over the surplus to the person prescribed in this behalf.
(5)The Administrator-General shall not charge in respect of his duties under this section any fee exceeding three per cent. of the total amount coming to or remaining in his hands after payment of the ship and service debts and the other debts in ship or quarters.
176.Disposal surplus by prescribed persons.
176. Disposal surplus by prescribed persons.On receipt of the surplus referred to in sub-section (7) of section 171 or clause (ii)
of section 172 or sub-section (4) of section 175, the prescribed person shall,-
(a) if he knows of a legal representative of the deceased, pay the surplus to that representative ;
(b) if the surplus does not exceed 1[ten thousand rupees in value and] if he thinks fit, pay or deliver to any person appearing to him to be entitled to receive the same, without requiring such person to produce any probate, letters of administration, succession certificate or other conclusive evidence of title ;
(c) if the prescribed person does not know of any such representative to whom the surplus could be paid under clause
(a), or if the surplus has not been disposed of under clause
(b), publish every year a notice in the prescribed form and manner for six consecutive years; and if no claim to the surplus is made by the legal representative of the deceased within six months even after the publication of the last of such notices, the prescribed person shall deposit the surplus together with any income or accumulation of income accrued therefrom, to the credit of the Central Government:
Provided that such deposit shall not prejudice the claims.
of any person to such surplus or any part thereof, if he is otherwise entitled to it.
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1 Subs. by Act 30 of 1970, s. 3, for “five thousand rupees in value, the prescribed person may”.
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378.177.Disposal of effects not converted ento money.
177. Disposal of effects not converted into money.Where any part of the estate of a deceased officer, or 1[sailor] consiss of effects, securities or other property not converted into money, the provisions of sub-section (7) of section 171 or clause (ii) of section 172 and section 176 with respect to the payment of the surplus shall, save as may be prescribed, extend to the delivery, transmission or transfer of such effects, securities or property, and the prescribed person shall have the same power of converting the same into money as a legal representative of the deceased.
178.Termination of liability of commanding officer Committee prescribedperson and the Central Government.
178. Termination of liability of commanding officer Committee prescribed person and the Central Government.Any payment or application of money or delivery, sale or other disposition of any property made, or purported to be made by -the commanding officer, the Committee or the prescribed person in good faith in pursuance of sections 171 to 176 shall be valid and shall fully absolve the commanding officer, the Committee or the prescribed person, as the case may be, as well as the Central Government from all liability in respect of the money or property so paid, applied or disposed of; but nothing herein contained shall be deemed to affect the right of any executor or administrator or other legal representative or of any creditor of the deceased against any person to whom any such payment or delivery as aforesaid has been made.
179.Saving of rights of representative.
179. Saving of rights of representative.Nothing in this Chapter shall affect the rights and duties of the representative of a deceased
1[sailor] or officer or any Administrator-General, in respect of the property of such deceased 1[sailor] or officer not collected by the commanding officer or the Committee, as the case may be, and not forming part of the surplus handed over to the prescribed person either under sub-section (7) of section 171 or clause (ii) of section
172.
180.
Application of sections 171 to 179 to persons of unsoundmind.
180. Application of sections 171 to 179 to persons of unsoundmind.The provisions of sections 171 to 179 shall, so far as they can be made applicable, also apply in the case of an officer or 1.[sailor] subject to naval law who is ascertained in the prescribed manner to be of unsound mind notwithstanding anything contained in the Indian Lunacy Act, 1912 (4 of 1912), or who, while on active service, is, officially reported missing, as if the said officer or
1[sailor] had died on the day on which his unsoundness of mind is so ascertained or,
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1 Subs. by Act 53 of 1974, S2, for “seamen”.
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379.
as the case may be, on the day on which he is officially reported missing :
Provided that in the case of an officer or 1 [sailor] so reported missing, no action shall be taken to dispose of the property under sections 171, 172 and 175 until such time as a certificate under the regulations made under this Act is issued by or under the authority of the Chief of the Naval Staff or other prescribed person that he is confirmed or presumed to be dead.
181.Appointment of Standing Committee of Adjustment in certain cases.
181. Appointment of Standing Committee of Adjustment in certain cases.When an officer while subject to naval law dies or is ascer-
tained in the prescribed manner to be of unsound mind or while on active service is officially reported missing, the reference in the foregoing provisions of this Chapter to the Committee shall be construed as references to the Standing Committee of Adjustment, if any, constituted in this behalf in the prescribed manner and such
Standing Committee, if constituted, shall alone be entitled to perform all the functions of such Committee unless otherwise directed by the
Chief of the Naval Staff.
182.Exercise of powers by other persons.
182. Exercise of powers by other persons.The functions and powers of the commanding officer in this Chapter may in any case be performed or exercised by any other person appointed in this behalf by the Chief of the Naval Staff.
183.Forfeiture of effects for absence without leave.
183. Forfeiture of effects for absence without leave.If any person subject to naval law is absent without leave for a period of one month (whether he is guilty of desertion or of improperly leaving his ship or place of duty or not) but is not apprehended or tried for his offence, he shall be liable for forfeiture of pay and allowances and other benefits as the Central Government from time to time by regulations provide, and the Central Government, the Chief of the Naval Staff or the prescribed officer may by an order containing a statement of the absence without leave direct that the clothes and effects, if any, left by him on board ship or at his place of duty be forfeited, and the same be sold and the proceeds of the same shall be disposed of as provided in the regulations made under this Act ; and every order under this provision for forfeiture or sale shall be conclusive for the purpose of this section as to the fact of the absence without leave as therein stated of the person therein named ;
but in any case the Central Government may, if it deems fit on sufficient cause being shown at any time after forfeiture and before sale, remit the forfeiture, or after sale pay or
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1 Subs. by Act 53 of 1974, s.2, for “seaman”.
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380
dispose of the proceeds of the sale or any part thereof to or for the use of the person to whom the clothes or effects belonged, or his representatives.
CHAPTER XX
REGULATIONS
184. Power to make regulations.(1) The Central Government may, by notification in the Official Gazette, make regulations for the governance, command, discipline, recruitment, conditions of service and regulation of the naval forces and generally for the purpose of carrying INTO effect the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for-
(a) the rank, precedence, powers of command and authority of officers and 1[sailors] in the naval service ;
(b) the relative rank, precedence, powers of command and authority of officers and 1[sailors] in the naval service in relation to members of the regular Army and the Air Force ;
2[(C) the cases in which, and the conditions subject to which, powers of punishment may be exercised under sub-sec-
tion (2) of section 7 ;
(ca) the retirement, discharge and dismissal of persons in the naval service ;
(cb) the authority to which any matter referred to in section 19A may be referred and the manner in which an enquiry may be made by that authority;]
(d) the convening and constitution of courts-martial and the appointment of prosecutors at trials by court-martial;
(e) the adjournment, dissolution and sittings of courts-
martial;
(f) the procedure to be observed in trials by courts-
martial, the persons by whom an accused may be defended in such trials and the appearance of such persons thereat;
(g) the forms of orders to be made under the provisions of this Act relating to courts-martial and the awards and infliction of death, imprisonment and detention;
(h) the carrying INTO effect of sentences of courts-
martial;
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1 Subs. by Act 53 of 1974, s.2 for “seaman”.
2 Subs. by s.18, ibid, cl. (c)
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381.
(i) any matter necessary for the purpose of carrying this
Act INTO execution as far as it relates to the investigation, arrest, custody, trial and punishment of offences triable or punishable under this Act;
(j) the terms and conditions of service, the pay, pensions, allowances and other benefits of persons in the naval service including special provision in this behalf during active service;
(k) the ceremonials to be observed and marks of respect to be paid in the naval service;
(l) the convening of, the constitution, procedure and practice of boards of inquiry, the summoning of witnesses be-
fore them and the administration of oaths by such boards;
(m) the computation of time of absence without leave or custody of deserters and absentees without leave ;
(n) any matter relating to the realisation and disposal of the estates of officers or 1[sailors] who are deceased ascer-
tained to be of unsound mind or reported missing on active service ;
(o) the enquiry INTO the conduct of prisoners of war, and their pay and allowances;
(p) the provision to be made for the wives and children of prisoners of war or missing persons;
(q) the procedure relating to the exercise of powers under section 163.(r) any other matter which is to be, may be, or is required to be, prescribed under this Act.
184A
Power to make regulations with retrospective effect.
3 [184A. Power to make regulations with retrospective effect.
The power to make regulations conferred by this Act shall include the power to give retrospective effect, FROM a date not earlier than the date of commencement of this Act, to the regulations or any of them, but no (retrospective effect shall be given to any regulation so as to prejudicially affect the interests of any person to whom such regulation may be applicable.]
185.Regulation to be laid before Parliament.
2 [185. Regulation to be laid before Parliament.Every regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the regulation or both Houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation.]
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1 Subs. by Act 53 of 1974, s. 2, for “seamen.
2 Subs. by s. 19, ibid., for the former s. 185.3 Ins. by Act 45 of 1982, s.11.
CHAPTER XXI
REPEALS AND SAVINGS
186. [Repeals.] Rep. by the Repealing and Amending Act, 1960 (58.of 1960), s. 2 and Sch. I.
187.Provisions as to existing naval forces, appointments, etc.
187. Provisions as to existing naval forces, appointments, etc.
(1) The Indian Navy in existence at the commencement of this
Act shall be deemed to be the regular naval force raised under this
Act.
(2) The Indian Naval Reserve, the Indian Naval Volunteer Reserve and the Indian Fleet Reserve in existence at the commencement of this
Act shall be deemed to be the Indian Naval Reserve Forces raised under this Act.
(3) Officers in the Indian Navy or the Indian Naval Reserve
Forces at the commencement of this Act shall be deemed to have been appointed as such under this Act.
(4) The person holding office as Judge Advocate of the Fleet at the commencement of this Act shall, on such commencement, be deemed to have been appointed as the Judge Advocate General of the Navy under this Act.
(5) 1[Sailors] in the Indian Navy or in the Indian Naval Reserve
Forces at the commencement of this Act shall be deemed to have been duly enrolled as such under this Act.
CHAPTER XXII
TRANSITORY PROVISIONS
188. Powers of officers of the Royal Navy.(1) An officer of the
Royal Navy attached to or serving with the Indian Navy shall have and exercise all such powers as are vested in or may be exercised by an officer of the Indian Navy of corresponding rank or holding a corresponding appointment and shall be eligible to be granted a commission to convene courts-martial or to be appointed as president of a court-martial or to sit on a court-martial as a member as if he were an officer of the Indian Navy subject to naval law.
(2) The expression “superior officer” wherever used in this Act shall be deemed to include an officer of the Royal Navy when serving yunder conditions specified in sub-section (1).
