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The Navy Ordinance, 1961

( Ordinance NO. XXXV OF 1961 )

Chapter V

SERVICE PRIVILEGES

Authorised deductions only to be made from pay
22. The pay and allowances of every officer and sailor due to him as such under any regulation for the time being in force, shall be paid without any deduction other than the deductions authorised by or under this or any other enactment or prescribed by the Government.
Remedy of aggrieved persons
23. If an officer or sailor thinks that he has suffered any personal oppression, injustice or other ill-treatment at the hands of any superior officer, he may make a complaint in accordance with the rules made under this Ordinance.
Immunity from attachment
24. The arms, clothes, equipment, accoutrement or necessaries of any officer or sailor shall not be seized, and their pay and allowances, or any part thereof, shall not be attached under any process or direction of any civil or revenue Court or any public servant, in satisfaction of any decree or order enforceable against him.
Immunity from arrest for debt
25. (1) No officer or sailor shall, so long as he is subject to this Ordinance, be liable to be arrested for debt under any process issued by, or by the authority of, any civil or revenue Court or any public servant.
 
 
(2) The judge of any such Court or the said officer shall examine into any complaint made by such person or his superior officer of the arrest of such person contrary to the provisions of this section, and if satisfied that the arrest was made in contravention of preceding sub-section shall by warrant under his hand, discharge the person arrested, and may award reasonable costs to the complainant who may recover these costs in like manner as he might have recovered costs awarded to him by a decree against the person obtaining the process.
 
 
 
 
(3) For the making of such complaint and for the recovery of such costs, no Court-fee shall be payable by the complainant.
Immunity of persons attending courts-martial from arrest
26. (1) No president or member of a court-martial, no judge advocate, no party to any proceeding before a court-martial, or his legal practitioner or agent and no witness acting in obedience to a summons to attend a court-martial, shall, while proceeding to attending, or returning from a court-martial, be liable to arrest by civil or revenue process.
 
 
 
 
(2) If any such person is arrested under any such process, he may be discharged by order of the court-martial.
Priority in respect of naval personnel’s litigation
27. (1) On the presentation to any Court, by or on behalf of any officer or sailor, of a certificate, from the proper naval authority, of leave of absence having been granted to or applied for by him for the purpose of prosecuting or defending any suit or other proceeding in such Court, the Court shall, on the application of such person, arrange, so far as may be possible, for the hearing and final disposal of such suit or other proceeding within the period of the leave so granted or applied for.
 
 
 
 
(2) The certificate from the proper naval authority shall state the first and last day of the leave or intended leave, and set forth a description of the case with respect to which the leave was granted or applied for and shall be duly signed and authenticated by such authority.
 
 
 
 
(3) No fee shall be payable to the Court in respect of the presentation of any such certificate or of any application by or on behalf of any such person for priority for the hearing of his case, and every such certificate duly signed or authenticated as aforesaid shall be conclusive evidence of the correctness of the contents thereof.
 
 
(4) Where the Court is unable to arrange for the hearing and final disposal of the suit or other proceeding within the period of such leave or intended leave as aforesaid, it shall record its reasons for its inability to do so, and shall cause a copy thereof to be furnished to such person on his application without any payment whatever by him in respect either of the application for such copy or of the copy itself.
 
 
 
 
(5) Every criminal Court before which a case is pending against any officer or sailor shall, so far as may be possible, arrange for the early hearing and final disposal of such case.
 
 
 
 
(6) If in any case a question arises as to the proper naval authority qualified to grant such certificate as aforesaid, such question shall be at once referred by the Court to an officer, commanding a naval ship or establishment, or to a superior naval authority, whose decision shall be final.
Saving of rights and privileges under other laws
28. The rights and privileges specified in the preceding sections of this Chapter shall be in addition to any others conferred on persons subject to this Ordinance or on members of the regular Army, Navy and Air Force generally by any other law for the time being in force.
 
 

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Ministry of Law, Justice and Parliamentary Affairs