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The Navy Ordinance, 1961

( Ordinance NO. XXXV OF 1961 )

Chapter VIII

PENAL DEDUCTIONS

Deductions from pay and allowances of officers and [sailors]
82. Subject to the provisions of this Chapter following deductions may be made from the pay and allowances of an officer or sailor without recourse to trial by a naval tribunal, namely:-
 
 
 
 
(a) all pay and allowances for every day of absence without leave unless a satisfactory explanation is given to the commanding officer and approved, in case of officers, by the Chief of Naval Staff;
 
 
 
 
(b) all pay and allowances, for every day while he is in civil or naval custody or under suspension from duty on a
 
 
charge for an offence of which he is afterwards convicted by a naval tribunal or a criminal Court and sentenced to imprisonment;
 
 
 
 
(c) all pay and allowances for every day while he is in hospital on account of sickness certified by the prescribed medical officer to have been caused by an act amounting to an offence punishable under this Ordinance:
 
 
 
 
Provided that such certificate is accepted by the Chief of Naval Staff or, in case of a sailor, by the prescribed officer;
 
 
 
 
(d) any sum required to make good any loss, damage or destruction of Government or service property which after due investigation appears to the Chief of Naval Staff or the prescribed officer to have been occasioned by the wrongful act or negligence on the part of the officer or sailor as the case may be:
 
 
 
 
Provided that the total deductions made under this clause shall not in any case exceed his pay and allowances for three months;
 
 
 
 
(e) any sum which after due investigation appears to the prescribed officer to be due to a service mess or canteen; and
 
 
 
 
(f) any sum which a criminal Court or the Government orders him to pay for the maintenance of his wife or legitimate or illegitimate children.
Limit of certain deductions
83. Except when the deductions are made under clauses (a) and (b) of the last preceding section, the total deductions from the pay and allowances of an officer or sailor shall not exceed in any one month one-half of his pay and allowances for that month.
Pay and allowances during trial
84. In the case of any person subject to this Ordinance who is in naval or civil custody on a charge for an offence, the proscribed officer may direct that the whole or any part of the pay and allowances of such person shall be withheld, pending the result of his trial on the charge against him:
 
 
Provided that no part of the pay and allowances shall be withheld in the absence of any such direction.
Deduction from money due to a person
85. Any sum authorised by this Ordinance to be deducted from the pay and allowances of any person may, without prejudice to any other mode of recovering the same, be deducted from any money due to him from Government other than a pension.
Pay and allowances of prisoner of war during inquiry into his conduct
86. Where the conduct of any person subject to this Ordinance when being taken prisoner by, or while in the hands of, the enemy, is to be inquired into under this Ordinance or any other law, the Chief of Naval Staff or any officer authorised by him may order that the whole or any part of the pay and allowances of such person shall be withheld pending the result of such inquiry.
Remission of deductions
87. (1) Any deductions from the pay and allowances authorised by or under this Ordinance may be remitted by the Chief of Naval Staff, in his discretion.
 
 
 
 
(2) Such deductions may also be remitted in such manner and to such extent and by such authority as may be prescribed.
Provision for dependants of prisoner of war from his pay and allowances
88. (1) It shall be lawful for proper provision to be made by the prescribed authorities for any dependants of any person subject to this Ordinance, who is a prisoner of war or is missing of his pay and allowances.
 
 
 
 
(2) For the purpose of this section, a person shall be deemed to continue to be a prisoner of war until the conclusion of any inquiry into his conduct such as is referred to in section 86, and if he is dismissed from the service in consequence of such conduct, until the date of such dismissal.
 
 

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