23. (1) The Government may, on the recommendation of the Chief of Army Staff prescribe the minor punishments to which persons subject to this Act shall be liable without the intervention of court martial, and the ¹[officers, junior commissioned officers or non-commissioned officers by whom], and the extent to which, such minor punishments may be awarded. (2) Detention, or rigorous imprisonment in military custody, and, in the case of persons subject to this Act on active service, any prescribed field punishment may be specified as minor punishments: Provided that-(a) the term of such detention, rigorous imprisonment or field punishment shall not exceed twenty-eight days, and(b) such detention, rigorous imprisonment or field punishment shall not be awarded to any person who is of or above the rank of non-commissioned officer, or who, when he committed the offence in respect of which it is awarded, was of or above such rank.