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THE NAVY ACT, 1957

Title : THE NAVY ACT, 1957

Year : 1957



(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-section (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;

(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 ascertained 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 3*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.]

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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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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 s. 19, ibid., for the former s. 185.

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Last updated on June, 2016

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