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The Army Act, 1952

( ACT NO. XXXIX OF 1952 )

Chapter VII

PENAL DEDUCTIONS

Deductions from pay and allowances
65. (1) The following penal deductions may be made from the pay and allowances of an officer, that is to say,-
 
 
 
 
(a) all pay and allowances for every day he absents himself without leave, unless a satisfactory explanation has been given to his commanding officer or other superior officer and has been accepted by the Government;
 
 
 
 
(b) all pay and allowances for every day while he is in custody or under suspension from duty on a charge for an offence of which he is afterwards convicted by a criminal court or a court martial or by an officer exercising authority under section 23;
 
 
 
 
(c) any sum required to make good the pay of any person subject to this Act which he has unlawfully retained or unlawfully refused to pay;
 
 
(d) all pay and allowances ordered by a court martial or by an officer exercising authority under section 23 to be forfeited or stopped;
 
 
 
 
(e) any sum required to pay a fine awarded by a criminal court or a court martial exercising jurisdiction under section 59;
 
 
 
 
(f) any sum required to make good any loss, damage or destruction of any public or service property which, after due investigation, appears to the Government to have been occasioned by any wrongful act or negligence on the part of the officer;
 
 
 
 
(g) all pay and allowances forfeited by order of the Government if the officer is found by a court of inquiry constituted in this behalf by the Chief of Army Staff to have deserted to the enemy, or while in enemy hands, to have served with or under the orders of, the enemy, or in any manner to have aided the enemy, or to have allowed himself to be taken prisoner by the enemy through want of due precaution or through disobedience of orders or wilful neglect of duty, or having been taken prisoner by the enemy to have failed to rejoin his service when it was possible to do so;
 
 
 
 
(h) any sum which a criminal court or the Government orders him to pay for the maintenance of his wife or his child, legitimate or illegitimate.
 
 
 
 
(2) The following penal deductions may be made from the pay and allowances of a person subject to this Act other than an officer, that is to say,-
 
 
 
 
(a) all pay and allowances for every day of absence without leave or as a prisoner of war, and for every day of transportation, imprisonment or detention awarded by a criminal court, a court martial, or an officer exercising authority under section 23 or of field punishment awarded by court martial, or such officer;
 
 
 
 
(b) all pay and allowances for every day while he is in custody or under suspension from duty on a charge for an offence of which he is afterwards convicted by a criminal court or a court martial, or on a charge of absence without leave for which he is afterwards awarded imprisonment, detention or field punishment by an officer exercising authority under section 23;
 
 
(c) all pay and allowances for every day on which he is in hospital on account of sickness certified by the medical officer attending on him to have been caused by an offence under this Act committed by him;
 
 
 
 
(d) for every day on which he is in hospital on account of sickness certified by the medical officer attending on him to have been caused by his own misconduct or imprudence, such sum as may be specified by order of the Government or of the prescribed officer;
 
 
 
 
(e) all pay and allowances ordered by a court martial or by an officer exercising authority under section 23 to be forfeited or stopped;
 
 
 
 
(f) all pay and allowances for every day between his being recovered from the enemy and his dismissal from the service in consequence of his conduct when being taken prisoner by, or while in the hands of, the enemy;
 
 
 
 
(g) any sum required to make good such compensation for any expense, loss, damage or destruction caused by him to the Government or to any building or property as may be awarded by his commanding officer;
 
 
 
 
(h) any sum required to pay a fine awarded by a criminal court, a court martial exercising jurisdiction under section 59 or an officer exercising authority under section 23;
 
 
 
 
(i) any sum which a criminal court, the Government or any prescribed officer orders him to pay for the maintenance of his wife or his child, legitimate or illegitimate:
 
 
 
 
Provided that the total deductions from the pay and allowances of a person under clauses (e), (g), (h) or (i) shall not, except where he is sentenced to dismissal, exceed in any one month one-half of his pay and allowances for that month.
 
 
 
 
Explanation.- For the purposes of clauses (a) and (b):
 
 
 
 
(i) no person shall be treated as absent or in custody unless the absence or custody has lasted for six hours or upwards (except where the absence or custody prevents the absentee from fulfilling any military duty which is thereby thrown on some other person);
 
 
(ii) absence or custody for six consecutive hours or upwards, whether wholly in one day or partly in one day and partly in another may be reckoned as absence or custody for a day;
 
 
 
 
(iii) absence or custody for twenty-four consecutive hours or upwards may be reckoned as absence or custody for the whole of each day during any portion of which the person was absent or in custody;
 
 
 
 
(iv) for the purposes of this explanation “custody” includes custody on a charge for an offence of which a person is afterwards convicted, and any period in custody of any nature, under a sentence of transportation, rigorous imprisonment, detention or field punishment.

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Ministry of Law, Justice and Parliamentary Affairs