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REGISTERED No. D. 221

The Gazette of India

EXTRAORDINARY

PART II—Section 4

PUBLISHED BY AUTHORITY

No. 2] NEW DELHI, SATURDAY, FEBRUARY 6, 1965/MAGHA 17, 1886

Separate paging Is given to this Part IN ORFER Thart it may be filed as separate compilation

MINISTRY OF DEFENCE

New Delhi, the 6lh February 1965

THE NAVY REGULATIONS

S.R.O. 2E.n—In exercise of the powers conferred by section 184 of the Navy Act, 1957 (62 of 1957), the Central Government hereby make the following regulations, namely:-—

CHAPTER 1 PRELIMINARY

Short title.—These regulations may be called the Navy (Discipline and Miscellaneous Provisions') Regulations 1965.

( 3)

l i lt GA7EIIE O* INDIA EXTRAORDINARY [PAIU II-

2. Definitions.—In these regulations unless the context otherwise requires—

(a) "Act" means the Navy Act, 1957 (62 of 1957).

(b) "Administrative Authority" in relation to any provision of these regulations means the authority which is designated as such in the Navy Orders.

(d) "Civil Court" means a court of ordinary Criminal Jurisdiction in India.

fe") "Navy Orders¹' means the general orders of the Chief of the Naval Staff issued in the publication intituled 'Navy Orders' and includes Confidential Navy Orders.

(f) "prescribed form" means an appropriate form in Appendix 1 applicable to the relevant section or regulation.

(g) "proper superior authority" when used in relation to any power, duty, act or matter means such authority as in pur- suance of these regulations or any other regulations made under the Act or Navy Orders or any other orders issued by the Chief of the Naval Staff or usages or custom of the naval service exercises or performs that power or duty or is concerned with that act or matter.

(h) "section" means a section of the Act,

(i) "sailor" means a person in the naval service other than an officer.

(j) all other words and expressions used in these regulations and not defined but defined in the Act shall have the same meaning as in the Act.

3. Reports and applications.-—-Any report or application directed by these regulations to be made to a superior authority, shall be made in writing through the proper channel unless the said authority on account of exigencies of service or otherwise dispenses with the writing.

4. Forms.—(1) The Forms set forth in Appendix I with such varia- tions as the circumstances of each case may require, shall be used for the respective purposes therein mentioned, but a deviation from such forms shall not, by reason only of such deviation, render invalid any charge, warrant, order, proceedings or any other documents made, issued or executed in pursuance of these regulations.

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(2) Any omission in any such Form shall not by reason only of such omission, render any act or thing invalid.

(3) The directions in the notes to and the instructions in the Forms shall be duly complied with in all cases to which they relate, but any omission to comply with any such directions in the notes or instructions shall not, merely by reason of such omission, render any act or thing invalid.

(4) The particulars contained in a Form are hereby prescribed as the particulars required under the relevant provisions of the Act or these regu- lations.

5. Exercise of powers of the Chief of the Naval staff in his absence from Naval Headquarters.—Any power vested in the Chief of the Naval Staff by these regulations may be exercised when he is absent from Naval Headquarters on duty or otherwise by the Deputy Chief of the Naval Staff and in the absence of both the Chief of the Naval Staff and the Deputy Chief of the Naval Staff, by the senior Principal Staff Officer present in the Naval Headquarters, unless under any general or special orders of the Chief of the Naval Staff he has reserved to himself the exercise of any specific power.

6. Cases unprovided for.—In regard of any matter not specifically pro- vided for in these regulations, it shall be lawful for the competent authority to do such thing or take action as it appears to be just and proper.

<5 THE C \7FTTF OF INOI \ EXTRAORDINARY [FART I I-

CHAPTER II

SXJMMARY PUNISHMENT AND PROCEDURE

SECTION I

POWERS OF PUNISHMENT

7.- Powers of punishment of Commanding Officer.—(1) The Com> manding Officer mav sumrmrily try and punish any offence triable under the Act committed by a sailor oth^r thin a capital offence and may, sub- ject to the provisions of these regulations, award the several punishments specified in regulation 13, provided that—

(a) if the offence is alleged to have been committed by a sailor who is entitled under the^e regulations to elect trial by court-martial the procedure described in these regulations therefor shall be followed;

(b) exceot as tr-ovided in reeiihtion 37 a Chief Petty Officer, A Petty Officer, a sailor ho¹dinti a leading rating or a sailor holding a good conduct badge shall not be summarily sentenced to imprisonment or detention;

(c) a Commanding Officer shall not try summarily an offence where the Chief of the Naval Staff has by general or special order directed that it shall be dealt with by court-martial.

(2) If the Commanding Officer, in cases within his jurisdiction, con- siders that the offence cannot be adequately punished within his powers of punishment or where for other reasons he considers it desirable, he shall apply for a court-martial in the manner hereinafter provided.

(3) The officer next in command is to assume the powers of trial and punishment of (he Commanding Officer only if the Commanding Officer has ceased to exercise command through sickness or for any other reason or because of absence on dutv or leave during which he will be absent from the ship for over forty-eight hours.

8. Powers of officers in command of tenders absent from ship or boat detached.-—Subiect to the provisions of these regulations the powers of trial and punishment of a Commandinc Officer may, as respects sailors on board a tender to the ship, be exercised in the case of a single tender absent from the parent ship bv the officer in command of the tender and in the case of two or more tenders absent from the parent ship in company or

SEC. I] THE CA/XT1E Ok INDIA FXTR \ORDINARY

acting together, by the officer in immediate command of such tenders and as respects sailors on board any boat belonging to the ship be exercised when such boat is absent on detached service by the officer in command of the boat, provided that the Commanding Officer of the parent ship may at his discretion restrict powers to be exercised under these regulations according to the circumstances including the time that the tender or boat will be away and the seniority and experience of the office^ who is to be in command.

9. Powers of officers in immediate command of sailors on detached service.—The powers of trial and punishment of the Commanding Officer may be exercised as respects sailors on detached service on shore or other- wise, by the officer in immediate command, provided that—

fa) the Commanding Officer of the ship to which the sailors on detached service belong may restrict the powers exercisable under these regulations and should in every case consider whether it is desirable to do so;

(b) where sailors belonging to different ships are orl detached service together, the proper superior authority may restrict the powers exercisable under these regulations;

fc) notwithstanding anything hereinbefore contained, the Chief of the Naval Staff may, by special or general order, provide for the regulation of the powers of the officer in immediate command of sailors on detached service and where such a special or general order is in force, no other directions shall be given by the Commanding Officer or other superior authority.

10. Powers of punishment of officers in command of naval barracks not commissioned as a ship.—The powers of trial and punishment of the Commanding Officer may as respects sailors quartered in naval barracks be exercised by the officer in command of the naval barracks provided that a proper superior authority may at its discretion restrict the powers of punishment to such extent, as it may consider desirable.

1 1. Other officers empowered to deal with offences.—ORtnces may also be summarilv tried and punished in accordance with the provisions hereinafter contained by officers to whom the Commanding Officer has delegated powers of trial and punishment as provided in regulation 21. -.

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12. Restriction on powers of officers below the rank of Commander.— Notwithstanding anything in the preceding regulations, a punishment requiring a warrant which would nol otherwise require the approval of a superior authority, shall not be awarded by an officer below the rank of Commander without the approval of an officer of or above than rank except in the case of extreme urgency like periods of war, or in the case of ship on detached service abroad for a long period, subject always in such a case to any directions he may have received in this behalf from his superior authority.

13. Summary punishments.—(I) The following punishments may be awarded summarily to sailors other than Artificer Apprentices and Boys under training subject to the provisions of the Act and these regulations and may be referred to by the numbers prefixed to each of them, namely:—

No. 1—Imprisonment for a period not exceeding three months;

No. 2—Detention for a period not exceeding three months;

No. 3—Dismisal from the naval service;

No. 4—Disrating;

No, 5—Fine in respect of civil offences;

No. 6—Mulcts of pay and allowances;

No. 7—Reduction to the second class for conduct;

No. 8—Solitary confinement in a cell or under a canvas screen for a period not exceeding fourteen days;

No. 9—Deprivation of Good Conduct Badge and Good Conduct Medal;

No. 10—Reprimand by the Captain;

No. 11—Extra work and drill for a period not exceeding fourteen days;

No. 12—Stoppage of leave for a period not exceeding sixty days;

No. 13—Extra work or drill for not more than two hours in a day for a period not exceeding seven days.

No. 14—Admonition.

(2) The punishments which may be awarded to Artificer Apprentices and Boys under training shall be as set forth in Chapter III of these Regu- lations.

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14. Warrant punishment.—Punishments Nos. 1 to 5 and 7 to 9 shall be known as warrant punishments and shall not have effect unless a warrant is made out in the prescribed form.

15. Punishments requiring approval oj superior authority.—(1) Punishment No 3, dismissal from the naval service, and where any other punishment accompanies it, the whole of the punishment proposed to be awarded shall require the approval of the Chief of the Naval Staff.

(2) Punishment No. 1, imprisonment, and punishment No. 2, detention,

shall require the approval of the Administrative Authority.

(3) Punishments Nos. 4, 5, 7 and punishment No. 9 (in so far as it refers to the deprivation of a Good Conduct Medal) shall require the approval of a Flag Officer or Commodore.

16. Preparation of Warrants.—(I) Officers awarding warrant punish- ments shall ensure that the warrant is correctly drawn up in accordance with the instructions contained in these regulations and the directions and the notes on the prescribed form.

(2) Warrants shall be numbered consecutively from the date of the ship's commission or re-comrmssion and for ships in continuous com- mission, a new series shall be started on first January each year.

(3) Every punishment awarded and every punishment which shall accompany that award shall be set out in the appropriate column in the warrant except punishment of stoppages of pay and leave involved in a sentence of imprisonment, detention or cell punishments.

(4) When mulcts of pay and allowances or stoppage of leave are reduced or remitted in pursuance of these regulations only the number of days' mulcts actually charged against the offender may be entered in the warrant as part of the punishment, any remission being noted in the space provided for the purpose.

(5) Punishment warrants for award of punishments of imprisonment, detention, dismissal from the naval service and of disrating of a Chief Petty Officer and Petty Officer shall be accompanied by a summary of evidence recorded by the Commanding Officer.

17. Approval of Warrants.—(1) If an officer having power to approve a warrant considers for any reason that the punishment proposed is inade- quate, he may alter the punishment within the limits of the powers of punishment of a Commanding Officer and the punishment so altered shall t>e the punishment awarded.

1 .1 It C A / KI 1 !• < >} I M UA K X I ft W l R O l N A RV

[ I ' V RI M- I0

(2) The officer having power to approve the warrant may approve the warrant tor a punishment lower than that prop )sed by the Commanding Officer.

18, Modification of sentence-—At any time before the warrant is read, the Commanding Officer may modify or withdraw the sentence if on further consideration it appears to him desirable to do so provided that if the warrant has been approved by a superior authority, the sentence shall not be modified or withdrawn without the consent of that authority.

19. Formal reading of warrant.—•( 1 ) After signature and approval where necessary, the warrant shall be dated and formally read forthwith to the offender by the Commanding Officer.

(2) The date of the Warrant and the date of reading the warrant shall always be the same and where an unusual interval elapse between the com- mission of the offence and the reading of the warrant, the cause for the same shall be stated on the warrant.

(3) The formal reading shall be carried out on the quarter deck and shall be preceded by the Articles of War under which the offence falls and unless the Commanding Officer should think it necessary tor the sake of example, it shall not be necessary to read the previous offences, entered in the warrant.

(4) Where an offender whose case has been fully investigated has been sent to a hospital, the warrant shall be formally read to him in the hospital unless the Medical Officer certifies that the offender is medically unfit to have the warrant read to him in which case the formal reading may be carried out on the quarter deck in his absence and such formal reading of the warrant shall have the same effect as if it had been read to the offender.

(5) The fact of a warrant having formally been read in the absence of the offender shall be stated on the warrant and shall be intimated to him as soon as he is in a fit state to receive such intimation.

20- Date from which sentence rims.—(1 ) The punishment of imprisonment or detention which is nol postponed in accordance with the provisions of section J51 or suspended shall begin to run on the day pn which the warrant is formally read but if the offender has been kept in custody since'the date'on which warrant was signed by the officer who tried him, the sentence shall begin to run on that date.

. (2) Other punishments shall take effect on the date on which the warrant is formally read.

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(3) Notwithstanding that the state of health of the offender is such as renders him unable to undergo the whole or any part of the summary punishment to which he may have rendered himself liable and it appears probable that he will be invalided from the service or remain for a con- siderable time unfit for punishment, the punishment merited for his offence shall be awarded and should it require a warrant, it is to be completed and duly signed and read if necessary in the absence of the accused in order that he may not escape the consequences of the punishment such as loss of pay or stoppage of leave.

21. Delegated authority to punish.—(1) In pursuance of sub-section (4) of section 93 the Commanding Officer may delegate in writing powers of awarding punishments as provided in this regulation.

(2) The Executive Officer, if he is a Commander may be delegated the

power to award the following punishments, namely:—

(a) Extra work and drill for a period not exceeding fourteen days

(No. 11).

(b) Stoppage of leave for a period not exceeding twenty-four days

(No. 12).,

period not exceeding seven days (No. 13).

(d) Admonition (No. 14).

(e) Mulcts of pay and allowances for a first offence of leave-

breaking up to thirty-six hours (No. 6).

(f) Mulcts of pay and allowances for first offence of returning

from leave drunk or drunkenness on shore (No. 6).

(3) The Executive Officer, if he is of the rank of Lieutenant Com- mander or Lieutenant, may be delegated the power to award the following punishments, namely:—

(a) Extra work and drill for a period not exceeding seven days

(No. 11).

(b) Stoppage of leave for a period not exceeding twenty-four days

but not to Chief Petty Officers and Petty Officers (No. 12).

(No. 13).

(d) Admonition (No. 14).

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(4) The Commander of an Air Squadron, if he is of or above the rank of Lieutenant may be delegated the power to award the following punish- ments to sailors of the Air Squadron for offences connected with the work of the Squadron but not for offences connected with the general duties of the ship, namely:—

(a) Extra work and drill for a period not exceeding seven days

(No. 11).

(b) Stoppage of leave for a period not exceeding twenty-four days but not to Chief Petty Officers and Petty Officers (No. 12).

13).

(d) Admonition (No. 14).

(5) The Officer of the Watch or the Officer of the Day if he is of the rank of Lieutenant or above may be delegated the power to award the following punishments, namely:—

(a) Extra work or drill for one day (No. 13).

(b) Admonition (No. 14),

(6) Any of the following officers may, if he is of or above the rank of Lieutenant, be delegated the power to award the punishments of extra work or drill for one day (No. 13) and Admonition (No. 14) to any sailor of his department for an offence connected with the duties of his department but not connected with the general duties of the ship, namely:—

(i) Lieutenant Commander (Flying),

(ii) Lieutenant Commander (Air).

(iii) The officer of the Engineering Department below the Engineer Officer in seniority or if only one officer is borne or there is no other officer of the prescribed rank, the Engineer Officer.

(iv) At a Naval Air Station, the officer of the Engineering Depart- ment next below the Air Engineer Officer or if only one officer is borne or there is no other officer of the prescribed rank in the department, the Air Engineer Officer.

(v) The officer of the Supply Department next below the Supply officer in seniority or if only one officer is borne and there is no other officer of the prescribed rank, the Supply Officer.

SEC. 41 1HE GA7ET"E OF INDIA EVIRA ORDINARY

(vi) The officer of the Electrical Department next below the Electri- cal Officer in seniority or if only one officer is borne or there is no other officer of the prescribed rank in the department, the Electrical Officer.

(7) Any Divisional Officer of or above the rank of Lieutenant may be delegated the power to award the punishments of extra work or drill for one day (No. 13) and Admonition (No. 14) to any sailor of his division for offences connected with the division but not with the general duties of the ship or establishment

(8) The Medical Officer in charge of a ward may be authorised to award the punishment of Extra work or drill for one day (No. 13) or Admonition (No. 14).

(9) The Commanding Officer of a lender in company with the parent

ship may be authorised to award the following punishments namely:—

(a) If he is of the rank of Captain, any punishments referred to in regulation 13 other than imprisonment, detention or dis- missal.

(b) If he is of the rank of Commander:—

(i) Reprimand by Captain (No. 10);

(ii) Extra work and drill for a period not exceeding fourteen

days (No. 11);

(iii) Stoppage of leave not exceeding twenty four days (No. 12);

(iv) Extra work or drill not exceeding seven days (No. 13);

(v) Admonition (No. 14);

;vi) Mulcts of pay and allowances for leave breaking, offences

upto seventy-two hours absence (No. 6 );

(vii) Mulcts of pay and allowances for a first offence of returning

from leave drunk or drunkenness on shore (No. 6).

(i) Mulcts of pay and allowances for first and unaggravated offence of leave-breaking upto thirty six hours absence (No. 6);

(ii) Mulcts of pay and allowances for first offence of returning

from leave drunk and drunkenness on shore (No. 6).

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(10) The Executive Officer of a tender may, if he is of or above the rank of Lieutenant, be authorised to award the same punishment as may be delegated to the Executive Officer if he is Lieutenant Commander or a Lieutenant.

(11) The Officer-in-Charge of a school at a training establishment may be delegated the power to award to sailors in the school the same punish- ments as may be delegated to the Executive Officer of corresponding rank.

(12) In pursuance of sub-section (4) of section 93 the Commanding Officer of barracks may delegate in writing to the Executive Officer of barracks and Officer of the Day the same powers of punishments as may be delegated by the Commanding Officer under the foregoing regulations to the Executive Officer and Officer of the Day respectively.

(13) The punishments under sub-regulations (2), (3), ( 4 ), (9), (10) and (11) shall be duly entered in the Daily Record of Offences and Punishments and the punishments under sub-regulations (5), (6), (7) and (8) shall be entered in a special minor punishments book signed by the officer awarding them.

(14) The minor punishments book shall be examined and initialled by the Executive Officer daily and signed by the Commanding Officer weekly.

(15) The record of all punishments under sub-regulations ( 9 ), (10) and (11) shall be examined weekly by the Commanding Officer of the Depot ship or establishment as the case may be.

SECTION II

INVESTIGATION

22. Investigation of departmental offences.—(1) If a sailor commits a departmental or a divisional offence, the offence shall be investigated by his Departmental or Divisional Officer as the case may be, and he may be summarily tried and punished by his Departmental Officer or his Divisional Officer provided that the offence can be adequately punished within the powers of punishment delegated to such officer.

(2) If the Departmental or the Divisional Officer decides not to deal with the case himself, he shall refer the case to the Executive Officer.

(3) Where a sailor commits any other offence such offence may be investigated and the sailor may be tried and punished by the Officer of the

SEC. 4] THE GAZETT E OF INDIA EXTRAORDINARY 15

Watch or the Officer of the Day provided that the offence can be ade- quately punished within the powers of punishment delegated to the Officer of the Watch or the Officer of the Day.

(4) If the Officer of the Watch or the Officer of the Day decides not to deal with Ihe case himself, he shall refer it to the Executive Officer.

(5) The Executive Officer may investigate and try and punish sum- marily any offence referred to him provided it can be adequately punished within the powers of punishment delegated to him.

(6) If the Executive Officer decides not to deal with the case himself, he shall refer it to the Commanding Officer.

23. Offences by sailors on board tenders.—Offences committed by sailors belonging to a tender shall be similarly investigated and tried and if ultimately the offence is one which cannot be adequately dealt with by the Commanding Officer of the tender he shall refer it to the Commanding Officer of the parent ship.

24. Modification in case of training establishments.—(1) In training establishments where an Officer-in-Chargc of a school has been delegated powers of awarding punishment, the Officer of the Day if be decides not to deal with the case himself, shall refer the case of any sailor belonging to a school to the Officer-in-Charge of that school, who may deal with the case provided it can be adequately punished within his powers of punish- ment.

(2) If the Officer-in-Charge of the school decides not to deal with the case himself, he shall refer it to the Commanding Officer.

25. Investigation of other offences.—(1) The preliminary investiga- tion of offences by the Officer of the Watch or Officer of the Day shall take place as soon as possible after the commission of the offence while wit- nesses' memory is still fresh.

(2) The formal investigation of offences shall, when the service and circumstances admit, be deferred until the day following that of the com- mission of the offence.

(3) tJasty charges shall not be made and as far as practicable, there shall not be any delay in the investigation of the charge and the decision of the case and, when the accused is found guilty, in the award of the punish- ment.

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(4) The fact that an offender's Service Documents are not available shall not normally delay the investigation of an offence, though there may be some delay in the infliction of punishment if the said documents are expected within a reasonable Lime.

(5) All charges shall be investigated fully on the quarterdeck or other suitable place, in the presence of the complainant and the accused and the complainant, accused and the witnesses shall be heard fully and with impartiality.

(6) The accused, the Divisional Officer or other defending officer, the complainant and the Master-at-Arms (or the person performing his duties) shall be present throughout the investigation.

(7) The witnesses shall be kept apart and out of earshot so that they cannot hear what other witnesses are saying when giving evidence and they shall withdraw after they have given evidence.

(8) The investigating officer shall, in every case consider whether the case is sufficiently serious to warrant the recording of the evidence and whether it is desirable to record it as a precaution against a witness changing his evidence.

(9) Inconsiderate punishments.—Inconsiderate punishments, as well as needlessly protracted punishments, shall be avoided and in awarding punishment regard shall be had to—

(i) the necessity for prevention of crime or offences and for the maintenance of proper order and discipline;

(ii) the gravity of the offence and the previous character of the offender;

(iii) any consequences which may arise indirectly as a result of the offence or of the award, particularly in regard to the charges against the offender's pay for offences of absence or deser- tion, or for damage to or loss of stores and such other matters.

(10) Tn cases of repeated offences the effect of gradually increasing the degree of punishment until the maximum is reached shall be tried before awarding the maximum punishment.

(11) All altercations with excited or drunken men shall be avoided; no man under the influence of temper or drink shall be placed in a situation likely to excite him further and thereby lead him to acts of violence or insubordination.

Sea 4) THE GA/.ETTE OF INDIA EX I RAORUINARY

\-j

26. Assistance to the accused.—(1) If the alleged offence is one which may be brought before the Commanding Officer, the accused may request and shall be afforded at the earliest stage at which this is practi- cable, the assistance of any officer or other person in his ship whose assistance is reasonably available.

(2) If no such request is made, it shall be the duty of the Divisional Officer or such other officer as the Commanding Officer may detail, having regard to the requirements of the case, to advise the accused at all stages.

(3) The officer or person advising the accused may be changed at any stage either at the request of the accused or on account of exigencies of service.

27. Procedure at investigations in general.—(1) At all investigations the evidence in support of the charge shall be heard first.

(2) Immediately after the charge has been read out, the investigating officer shall warn the accused that he should not make any statement or give any evidence on his own behalf until all the evidence against him has been heard.

(3) On conclusion of the evidence in support of the charge, the investi- gating officer shall decide whether a case has been made out against the accused.

(4) If there is no case, the investigating officer shall either dismiss the case or, if further evidence is likely to become available, stand it over and if there is a prima facie case, and it is a simple one with which the investi- gating officer thinks he can deal with himself, he shall ask the accused if he admits the charge.

(5) If the accused does not admit the charge and the matter is one within the investigating officer's powers of punishment, he shall inform the accused that he will proceed to try the case, giving him an opportunity of making a statement and calling witnesses.

28. Investigation by the Officer of the Watch, the Officer of the Day, or the Executive Officer.—(1) If, after hearing the evidence in support of the charge, the Officer of the Watch, the Officer of the Day or the Executive Officer is of opinion that the charge, it proved, would be beyond his power to punish, he must bear in mind that a confession made before him by the accused will not be admissible in evidence at any further proceedings unless the accused has been cautioned, before he speaks, that he is not obliged to say anything unless he wishes to do so, and that any statement he may

18 THE GA/ETTF. OF INDIA FX1RA0RDINARY [PART I I-

make may be given in evidence. Care should be taken to avoid any suggestion that the accused's answers can only be used in evidence against him, as this may discourage an innocent person from making a statement which might help to clear him of the charge. The investigating officer must also bear in mind that in cases beyond his powers of punishment his functions are to see whether there is a prima facie case, to collect evidence when it is important that evidence be collected immediately, and, to give the accused a chance to make a statement. If the alleged offence is one which is likely in itself to lead at least to a warrant punishment (as distinct from one which may lead to a warrant punishment because it is the culmi- nating offence in a series of minor offences), the investigating officer should address the accused in the following words after hearing the evidence in support of the charges:—

"Do you wish to say anything in answer to the charges? You are not obliged to say anything unless you wish to do so; but whatever you say will be taken down in writing and may be given in evidence."

(2) The Officer of the Watch or the Officer of the Day need not use these words unless he decides to hear the defence before sending the case to the Executive Officer.

(3) Tf the accused makes a statement, it should be taken down in writing. On conclusion of this statement the investigating officer should not ask any question save to point out any ambiguity and ask if the accused wishes to clear it up, or to point out that no reference has been made to some charge and ask if the accused wishes to say anything about it. In particular, nothing must be said which indicates that the accused is expected to make any further statement.

(4) If he has not already done so, the investigating officer must then make up his mind whether the case against the accused has been made out. If he decides that no case has been made out, he is to dismiss the charge.

(5) If the investigating officer decides to refer the case to higher authority, the accused is to be informed accordingly, the customary termi- nology "Commander's report" or "Captain's report", as the case may be, being used.

29. Investigation by the Commanding Officer.-—(1) The investigation of any offence by the Commanding Officer shall also be regulated so far as may be by the preceding regulations.

SF.r..4j T HF C \ / E T : ,E or INDIA EXTRAORDINARY

( 2) If, after hearing the evidence in support of the charges, the Com- manding Officer is of opinion that there is a prima facie case and that the charges, if proved, would be within his power to punish, he shall proceed to try the case.

(3) If the Commanding Officer decides to apply for trial by court- martial, or to give a warrant punishment, the accused shall be told that the case is "remanded".

(4) If the punishment to be awarded is likely to be imprisonment, detention, dismissal from the naval service or disrating, a summary of the evidence given by the witnesses shall be recorded.

30. Right to elect trial by court-martial.—If a Chief Petty Officer or Petty Officer is charged with an offence which, if proved, would justify his being summarily disrated, the following procedure shall be adopted-—

(a) A formal and public investigation shall be held by the Com- manding Officer, a careful summary of the evidence of the witnesses for and against being made at the time in such a way that it could, if necessary, be incorporated in the appropriate form in due course as a summary evidence.

(b) Both before and during the investigation the accused shall be

afforded the assistance under regulation 26.

(c) At the conclusion of the investigation, the Commanding Officer, if he thinks that the offence, if proved, would deserve summary disrating, shall inform the accused that he can, if he desires it, be tried by court-martial and that a rating taken away by sentence of court-martial cannot be regained without submitting it to the Chief of the Naval Staff for approval, but the Captain Naval Barracks or the Commanding Officer would have the power to restore it if the disrating is summarily effected by warrant.

(d) If the accused, within twenty-four hours of such information indicates that he does not wish to be tried by court-martial, and the Commanding Officer decides that disrating is the appropriate punishment, necessary steps shall be taken to obtain the approval on the warrant, of a Flag Officer or Commodore to whom reference can most conveniently be made, the warrant being accompanied by a summary of the evidence. Each of the witnesses shall sign the summary

20 THE GA7ET1E 01r INDIA EXTRAORDINARY [PART I I-

of the evidence he has given. The warrant shall be signed, but neither dated nor read until the necessary approval has been obtained, but if such approval cannot be obtained within a reasonable period, the Commanding Officer may award the sentence himself, reporting the circumstances without delay to the appropriate Administrative Authority.

(e) Should the accused elect to be tried by court-martial, the neces- sary steps for that purpose shall be taken.

(f) Should the exigencies of service, such as a single ship being on detached service, not permit a court-martial Jo be assembled within a reasonable period the senior officer present may, if he considers it necessary, direct the Commanding Officer to deal with the case summarily and if in these circum- stances, the Commanding Officer disrates a Chief Petty Officer or Petty Officer, the appropriate Administrative Authority shall order a board of enquiry to assemble at the earliest possible date; if the report of the enquiry indicates that a lighter punishment would have been sufficient, the said authority may restore the rating from a date to be fixed by him. The accused and the complainant together with the defending officer shall be present during the whole of the time that witnesses are being examined before the board of enquiry. A report, including the minutes of the enquiry, and a copy of the warrant shall be forwarded by the Administrative Authority to the Chief of the Naval Staff.

31, Identification of suspects,—(I) When an offence has been com- mitted and it is possible that witnesses may not be certain of the identity of the person apprehended, an identity parade shall be held.

(2) The accused shall fall in with, if possible, at least eight other persons of the same or similar height, age, appearance and rig as himself.

(3) The accused shall be allowed to stand where he pleases and shall be asked whether he has any objection to the arrangements.

(4) The accused's Divisional Officer or the officer or other person who may have been appointed to advise and assist him shall attend the parade, but other spectators shall not be allowed to do so.

(5) The witnesses shall be admitted one by one and each witness shall be asked to identify the suspect and his reaction shall be recorded.

Stfc. 4] THE GA/.ETi,E OF INDIA EXTkAOR-DINAfeY

(6) If a witness desires it, all the persons on the parade shall be ordered to remove or replace their caps, speak, walk, or do anything else that would assist in identification; all such actions are to be recorded.

(7) After each witness has withdrawn, the accused shall be given an

opportunity to change his position in the rank.

(8) Witnesses who have inspected the parade shall be segregated from those who have not and steps shall be taken to ensure that no witness sees the suspect before he is fallen in with others in the position of his choice, and that no witness sees photographs or is given any description of the suspect before the parade.

32. Postponement of investigation.—Where the accused is on the sick list, the investigation may, at the discretion of the Commanding Officer be postponed until the accused is fit for duty.

33. Scrutiny of service documents.—(1) The service documents of the accused shall not be scrutinised by the Commanding Officer or investi- gating officer until the accused has made his statement or stated that he does not intend to make a statement.

(2) The Commanding Officer or the investigating officer, having decided whether or not the case against the accused has been made out, may examine the accused's service record in order to decide whether to deal with the case himself or refer it to higher authority; and such exami- nation shall not be deemed to form a conviction of the accused.

SECTION III

REGULATIONS FOR INDIVIDUAL PUNISHMENTS, IMPRISON- MENT AND DETENTION (Nos. 1 and 2)

34. When to be awarded.—(1) Sentences of imprisonment should normally be confined to sailors who have already undergone several sentences of detention without effect, and to other sailors who are also to be dismissed from Service.

(2) Imprisonment may, however, be awarded in lieu of detention when there is no detention accommodation available in naval detention quarters in which case a note to that effect shall be made on the punishment warrant and on the Advancement and Conduct Record Sheet.

(3) Notwithstanding anything contained in sub-regulations (1) and (2) persons below the age of twenty-one shall not be summarily sentenced

22 HIE G A / F I IE QF INDIA EXTRAORDINARY [PAXT I I-

to imprisonment except for grave civil offences and (in such cases) detention may be awarded even though they are not to be retained in service.

(4) A sentence of ninety days shall not be awarded if that period exceeds thfee calendar months.

(5) Detention shall not be awarded for a period of less than ten days.

(6) In addition to the consequential punishment provided in sub- section (9) of section 82 a sentence of imprisonment or detention shall carry with it deprivation of Good Conduct Medal and Badges.

35. Imprisonment,—(1) The sentence ot imprisonment may be rigorous or simple, or partly rigorous and partly simple.

(2) The Commanding Officer, in awarding sentence of imprisonment, shall not direct that the prisoner shall be kept in solitary confinement during any period of his imprisonment.

(3) A sentence of simple imprisonment shall not be ordinarily awarded except in cases where the proper Medical Officer certifies that the offender is not in a fit physical condition to undergo rigorous imprisonment.

36. Restriction in the case of certain sailors.—(1) Chief Petty Officers and Petty Officers who can be disrated shall not be sentenced summarily to imprisonment or detention except for desertion and they shall not be sentenced summarily to imprisonment or detention and disrated at the same time unless their offence includes desertion.

(2) Chief Petty Officer and Petty Officers who cannot be disrated, leading ratings and sailors wearing Good Conduct Badges shall not be sentenced summarily to imprisonment or detention except tor the following offences namely:—

(a) Highly insubordinate conduct.

(b) Desertion, or deserting post.

(d) Indecent acts of an immoral character.

(e) Theft or fraud.

(f) Smuggling.

(g) Quitting ship, boat, or working party, without leave,

(h) Drunkenness on duty.

(i) Violent assault.

SEC. 4) THE GAZE1TE OF INDIA EXTRAORDINARY 23

(j) Aggravated or repeated leave-breaking.

(k) Flagrant contravention ol the censorship regulations.

(1) Flagrant contravention of gasoline, ammunition, or damage control regulations, which endanger life, the ship, aircraft or establishment.

37. Dismissal from naval service {No. 3 ) . — ( 1) Although an offender considered unworthy of retention may be punished with summary dismissal •S3SE3 jeuoijdaoxa ui SABS 'JOU J^IIS juoumsiund iptis 'SOIAJOS [BA\>U UIOJJ be awarded before the various punishments to which he has rendered him- self liable have been inflicted upon him and found to have no effect; nor such punishment shall be awarded if the Chief of the Naval Staff considers that he is likely to reform if transferred to another ship.

(2) A sailor who has committed an offence deserving imprisonment shall, if his past record clearly shows that he is unworthy of retention, be punished with imprisonment and dismissal.

NOTE.—(a) Imprisonment followed by discharge 'LS.N.L.R.'n (services no longer required), shall not be normally appro- priate.

(b) A sentence of dismissal shall not normally be accompanied by a sentence of detention except in the case of offender below the age of twenty one.

(3) As dismissal does not automatically entail any other punishment, disrating or the deprivation of Good Conduct Medal or Badges shall be included in the sentence if appropriate.

(4) An order for the dismissal of a person from naval service, whether accompanied by other punishments or not shall be made only by the Chief of the Naval Staff, and no punishment shall be inflicted on such person until a decision has been obtained on the question whether such person should be dismissed from naval service oij not.

(5) If a person dismissed from naval service desires it and thefe is no objection on the part of the local authorities to his landing, he may be dismissed abroad, and where such person desires to return home, he may be sent at the first opportunity by a naval ship or merchant vessel.

(6) Where such person is sent in a naval ship under sub-regulation (5), its Commanding Officer shall be informed of his offences, and the Commanding Officer shall not order him to work except in emergency

''HF GA7ETTF, OF INDIA EXTRAORDINARY [PART I I-

and on arrival in India such person shall be immediately discharged to shore.

DISRATING (No. 4)

38. Summary disrating-—(1) A sailor may be disrated to any rate ill his own category or to nay lower class in his rate, provided that no sailor shall be disrated—

(a) below the limits laid down in the regulations for the time being in force governing the advancement of sailors.

(b) below, either actually or relatively, the rating in which he first entered or re-entered, if service in the latter event was not continuous and re-entry was under a fresh engagement.

(2) Whenever a sailor is summarily disrated for misconduct or is dis- rated following conviction by a civil authority under sub-regulation (4) of regulation 1 19, a note in writing giving the offences shall be attached to the sailor's Service Certificate which shall remain there until he is re- instated in his former rate.

39. Acting rating.—(1) A sailor holding an acting rating may be disrated by warrant as a punishment in accordance with the usual pro- cedure and the disrating shall have the usual effect on assessment of character, Good Conduct Badges and the like.

(2) If such sailor commits an offence which, though indicating an unfitness for the higher rating, is not considered sufficiently serious to merit disrating by warrant, and if his general conduct is otherwise unsatisfac- tory, he may be reverted by his Commanding Officer for unsuita- bility in which case the penalties which follow disrating by warrant shall not be applicable.

40. Fine in respect of civil offences {No. 5).—A fine not exceeding rupees one hundred may be imposed summarily when a sailor is found guilty of a civil offence.

MULCTS OF PAY AND ALLOWANES (NO. 6) FOR IMPROPER ABSENCE

41. Scale of Mulcts.—(1) Except as provided in this regulation every sailor who is found guilty of absence without leave or improperly leaving

SEC. 4] THE CA7ETTF 01 INDIA EXTRAORDINARY 25

his ship or place of duty shall be punished with mulcts of pay and stoppage of leave in accordance with the following scale namely:—

(a) Where the period of absence does not exceed three hours, one day's pay and one day's leave;

(b) Where the period of absence exceeds three hours but does not exceed thirty six hours, one day's pay and one day's leave for every three hours of absence or part thereof;

(c) Where the period of absence exceeds thirty six hours, one day's pay and one day's leave for every three hours of absence upto thirty six hours and one day's pay for each subsequent period of six hours or part of six hours, so, however, that the stoppage of leave shall in no case exceed sixty days.

(2) If the period of absence is trivial or* if there are extenuating circumstances and the period of improper absence does not exceed thirty- six hours the Commanding Officer may, at his discretion, reduce the mulcts by such an amount as he may consider reasonable; the stoppage of leave being reduced to a corresponding extent.

(3) The provisions of sub-regulation (2) shall apply to leave- breaking upto thirty six hour's dealt with in conjunction with other offences.

(4) If the period of absence exceeds thirty six hours or the offence is aggravated or repeated, any other punishment permitted by these regula- tions may be awarded according to the degree of offence, in addition to the mulcts of pay and stoppage of leave on the scale mentioned in sub- regulation (1) and if there are mitigating circumstances justifying excep- tional treatment, the Commanding Officer¹ may al his discretion, reduce the mulcts, provided that the actual mulcts (i.e. excluding detention or confinement in cell) shall not be reduced to less than one day's pay for each day's absence and where the stoppage of leave according to the said scale would amount to thirty days or less it may also be correspondingly reduced.

(5) Stoppage of leave for any period in excess of the scale shall not be awarded as a punishment for leave-breaking, except in aggravated or repeated cases and sailor* shall not be reduced to second class for conduct for leave-breaking offences unless it is an aggravated or fourth for more often) repeated offence.

4 2. R e m i s s i on of m u l c ts over sixty d a y s . — ( I) Tf t he n u m b er of d a ys mulcts in accordance with sub-regulation ( 1) of regulation 4 1, or if the

I HE C A / E T TF < ) ]• I M )I \ EX I R A O R D I N A RY

[ P A KI J I-

period of sentence to which a leave-breaker is confined by reason of the punishment of detention or solitaiy confinement in a cell plus the number of days mulcts, would amount to a total of more than sixty days, any excess mulcts shall be remitted provided that in no case shall the actual mulcts (i.e. excluding the punishment of detention or confinement in cell; be reduced to less than one day's pay for each day's absence.

(2) The provisions of sub-regulation (1) shall apply also to cases where imprisonment is awarded owing to lack of detention accommodation and such provisions shall not apply to cases where, on other grounds, imprisonment is awarded in preference to detention, or where on the same occasion, the offender is also convicted of any offence other than leave- breaking.

(3) If, however, exceptional hardship is involved, the circumstances should be submitted to the Chief of the Naval Staff for consideration.

(4) In all cases where u sailor has been sentenced to stoppage of leave exceeding thirty days, he shall be allowed ashore leave once a week, after the expiration of the first thirty days.

(5) Nothing in this regulation shall be deemed to fetter the discretion of the Commanding Officer to reduce the mulcts to the extent provided in regulation 41.

43. General provision regarding mulcts.—(1) For the purpose of these regulations a day's pay shall include full pay and allowances but shall not include extra pay, kit upkeep allowance and kindred allowances.

(2) The scale of mulcts shall not apply to sailors who desert and who are consequently marked 'Run' on the books.

(3) Mulcts of pay for leave-breaking and for drunkenness on leave shall be debited against the offender's account in one sum, calculated, at Lhe rate of pay in force on the date of sentence, as modified by such sentence in case of disrating, deprivation of badges or reduction to second class for conduct and the sum so debited shall be regarded as a definite fine for the offence, and shall not subsequently be altered, as when an increase of pay is granted with retrospective effect, or¹ when an offender niay be credited with the balance of the increased emoluments for days upon which he would otherwise have been mulcted in full.

(4) The provisions of sub-regulation (3) shall not apply to forfeiture of pay during confinement in cells.

Srr, 4J THE GAZETTE OF INDIA EXTRAORDINARY 27

44. Limits of punishment and acts constituting main offence.—(1) The maximum summary punishment for leave-breaking that should as a rule be awarded shall be detention and except for an aggravated offence, such punishment shall not exceed thirty days.

(2) The act of not returning to duty at the time ordered shall constitute the main offence against discipline and the aggravation of the offence shall depend upon the time for which a sailor remains absent which shall be dealt with on its merits in each case.

(3) Leave-breaking offences shall invariably be described on the

punishment warrant or in the Daily Record of Offences as follows:-—

"Did remain absent over leave hours

minutes, namely, from to ".

45. Application of regulations 41 to 44.—(1) The provisions of regulations 41 to 44 shall apply to breaking out of ship, breaking away trom a landing party and other cases of improper absence other than leave- breaking and desertion, except that any punishment applicable to the offence may be awarded in addition to mulcts of pay and stoppage of leave, and it shall not be necessary to limit the period of detention for offences of this description in ordinary cases.

(2) The provisions of regulations 41 to 44 shall not apply to sailor's

who are only absent from a particular part of their ship.

46. Calculation of period of absence.—-(1) The period of improper absence included in the charge shall strictly be computed from the time when leave expires (or the time of breaking out) until the time of return to the ship or place of duty.

(2) When a sailor surrenders or is apprehended as an absentee away from the locality in which his leave expires, the Commanding Officer may, having regard to the circumstances, consider the absence as having termi- nated at the time) of such surrender or apprehension, but if a lengthy journey is involved hi returning to the place where leave expired, the time involved in such journey may be included in computing the period of absence.

(3) When an absentee is arrested by the civil authority on another charge and is subsequently banded over to the naval authorities, his absence without leave shall be regarded as ceasing from the time of his arrest by the civil authority.

28 "-14tE GA/KTTE OF INDIA EXTRAORDINARY [PART I I-

47. Simple leave-breaking.-—Unless the offence is a repeated or aggra- vated offence, the punishment for an offence of leave-breaking involving improper absence of not more than thirty six hours shall be confined to mulcts of pay and stoppage of leave, but if the offence was the sequal to an offence of improperly leaving a ship or place of duty, other punish- ments may be awarded in addition.

48. Aggravated offences.—(l) For the purpose of regulations 41 to 47 an offence of leave-breaking shall be deemed to be aggravated:—

(a) if the absence exceeds thirty six hours;

(b) if the absentee misses his ship or draft;

the ship was under sailing orders;

(d) if the offender was undergoing any form of punishment at the

time;

(e) if there arc any other particularly serious circumstances.

(2) The charge in a case of aggravated leave-breaking may refer to the offence as aggravated, but the charge shall not contain anything which directly or indirectly refers to a previous offence.

49. Repeated offences.—(1) A repeated offence of leave-breaking is one committed in the same ship or establishment within six months of a previous leave-breaking offence.

(2) A subsequent repeated offence is one committed within six months of a previous repeated offence.

(3) When a sailor is drafted to another establishment solely to under- go detention and afterwards returns direct to the ship or establishment in which he was sentenced, his service shall be regarded as continuous in that ship on establishment for the purpose of assessing whether an offence subsequently committed should be considered as a repeated offence.

50. Drunkenness.—(1) A mulct of one day's pay shall be inflicted for all offences of drunkenness in a ship or while absent on duty, or on returning from shore, whether such return is voluntary or otherwise and a similar mulct shall be inflicted upon men who are drunk when received in the naval or other custody, whether from leave or not, and, if from leave, whether their leave has expired or -not, unless the offender has already been dealt with by the civil authority.

S'R- *] THE (..A/ETTE OF INDIA EXTRAORDINARY

(2) For the offence of drunkenness in a ship or while absent on duty, additional punishments may be awarded, at the Commanding Officer's discretion.

(3) For the first offence of returning from leave drunk, sailors below leading rating, provided they do not otherwise misbehave, shall not be awarded any punishment, other than the mulct of pay and if such offence is repeated or the sailors otherwise misbehave, they may be awarded other punishments.

(4) Chief Petty Officer, Petty Officer, and leading ratings may be disrated, even for a first offence of returning from leave drunk if the com- manding Officer considers it necessary in addition to being mulcted one day's pay.

(5) Tn awarding punishments for drunkenness on leave, the Com- manding Officer shall take into consideration the circumstances of each case as regards the disgrace or discredit brought on the uniform, the Ser- vice, or the position which the offender holds.

REDUCTION TO THE SECOND CLASS FOR CONDUCT (NO. 7)

51. Classification for conduct.—(1) All sailors on first entering or re- entering the Indian Navy shall be in the first class for conduct, except when entered or re-entered in ratings which are not classed for conduct and sailors received from other ships shall be placed in the class for conduct last noted in their Service Certificate.

(2) Sailors holding leading ratings and above, sailors in possession

of Good Conduct Badges and boys shall not be classed for conduct.

(3) Chief Petty Officers, Petty Officers and leading sailors shall only be rbduced to second class for conduct on being disrated below a leading rating and deprived of all Good Conduct Badges and other sailors may be reduced to the second class for conduct if deprived of all Good Con- duct Badges, or if not in possession of any.

52. Offences for which punishment is awarded.~(\) Reduction to second class for conduct shall be awarded to sailors for whose continual slackness or misconduct the repeated award of lesser punishments has proved ineffective and when such punishment is awarded to such sailors, the circumstances should be brought out on the punishment warrant by inserting after the charge the entry "This being the culminating offence of a series of minor offences": Provided that such entry shall not form part of the actual charge framed.

30 THF GAZETTE OF INDT\ EXTRAORDINARY [PART I I-

(2) Subject to the provisions of sub-regulation (1) such punishment shall be awarded only for the following offences, namely :•—

(a) Gross insubordination.

(b) Dishonesty.

fd) Smuggling liquor into ship.

(e) Major offence against customs law and regulations.

(f) Drunkenness on duty.

(g) Aggravated or fourth (or later) repeated offences of absence

without leave.

(h) Deserting post,

(i) Sleeping on watch,

(j) Continual neglect of duty.

(k) Quitting ship, boat or working party without leave.

(1) Flagrant contravention of the censorship Regulations,

(m) Desertion:

Provided that such punishment shall not normally be awarded for

first offences and to sailors with good records:

Provided further that such punishment shall not be awarded in conjunction with the sentence of cells, detention or imprisonment unless there are exceptional circumstances which render^ such heavy additional punishment necessary.

(3) The punishment under this regulation shall require the approval of a Flag Officer or Commodore, and if prior approval cannot be obtained within a reasonable period, it may be dispensed with, but the circumstances* shall be reported without delay to the appropriate Administrative Authority and a copy of the correspondence shall be attached to the relative punish- ment warrant.

53. Penalties. (1) Sailors in the second class for conduct shall not be employed on special or isolated duties, but they may be ordered to fall in for inspection at such times as the Commanding Officer may appoint and may be given such extra drill in the dog watches, not exceeding one hour a day, as the Commanding Officer may consider necessary for their improvement.

SEC. 4] THE CA7FTTR OV I N PU r.XTRAORmNARY 3!

(2) Sailors in the second class for conduct shall not be advanced to ratings that are not classed for conduct.

(3) The total pay of sailors in the second class for conduct shall be reduced by one-sixth of their pay when not in that class:

Provided that credits of extra pay, M.L.R. (Money in lieu of rations), kit upkeep allowance and kindred allowances shall not be subjected to the said reduction.

(4) Immediately on being reduced to the second class for conduct, and until the offenders arc restored to the first class, the entry "second class for conduct" shall clearly be noted in red ink on their Advancement and Conduct Record Sheets.

54. Restoration.—(1) The restoration to the first class of a sailor reduced to the second class for conduct shall be considered by the Com- manding Officer after one month from the date of reduction and there- after at monthly interVals and where the Commanding Officer is satisfied with the behaviour of a sailor reduced to second class for conduct and has reason to believe that he wishes to reform, he may restore the sailor to the first class at any time after one month from the date of reduction.

(2) If the sailor leaves the ship while in the second class for conduct, the Conmmanding Officer shall note on the Conduct Sheet the date on which he proposed to restore the sailor to the first class.

(3) Notwithstanding any sentence of imprisonment, detention, cell punishment, or time lost in desertion, restoration to the first class shall not be deferred beyond six calendar months from the date of reduc- tion and if a sailor deserts while in the second class and is not recovered before the expiration of six months from the date of reduction, such punish- ment shall be deemed to have terminated on recovery.

(4) Subject to the maximum period of sis months in the second class not being exceeded, time for which pay is not allowed shall not be counted towards restoration, except the period covered by the sentence of imprison- ment, detention, or confinement in cells which may be allowed to count when a sailor conducts himself well and is considered deserving of such consideration and a sailor in prison or under detention shall be recom- mended for this privilege by the Officer-in-Charge of the establishment, the necessary report being obtained by the Commanding Officer upon each sailor received from detention.

(5) Restorations shall be made when they become due. whether the sailor prefers his claim or not.

32 THE GA7ETTE OF I NTH \ EXTRAORDINARY' [PART I I-

(6) Tf, however, on account of any particular acl of gallantry, or other exceptionally meritorious behaviour, the Commanding Officer should con- sider a sailor to be deserving of restoration to the first class before lie has been one month in the second class, a Flag Officer or a Commodore may approve of such restoration,

(7) The class for conduct shall be noted on the conduct sheet and on

the service certificate.

Explanation.—The period of desertion shall not count towards the

minimum period of one month referred to in sub-regulation (1).

CELLS (No. 8)

55. Physical conditions.—(1) A sailor sentenced to cells shall be confined under a canvas screen or in a cell approved by the Chief of the Naval Staff for a period not exceeding fourteen days and any such sentence shall require a warrant.

(2) A cell shall measure not less than 2 metres in length and 1 metre in breadth and shall be as high as the space between decks, and shall be ventilated properly and no cell shall be made or altered without the authority of the Chief of the Naval Staff.

(3) No sailor shall be confined in a cell in which the temperature exceeds 8(TF unless the Commanding Officer is satisfied that there is adequate ventilation.

(4) No sailor shall undergo a cell punishment unless a Medical Offi- cer has examined him and certified that he is in a fit physical condition to undergo that punishment and such certificate shall be recorded on the punishment warrant.

56. Restrictions regarding leading ratings.—Leading ratings who can be disrated shall not be sentenced to cells and leading ratings who cannot be disrated may be awarded cell punishment but only for the offences mentioned in regulation 52(2).

57. General rules for cell punishment.—(1) Every sailor sentenced to cells shall be deprived of any Good Conduct Medal or Badges he may hold and such punishment shall carry with it forfeiture of time and pay for the period of the confinement.

(2) A sentence of cells shall not be postponed or suspended.

5FC. 4] THE GA7ETTE OF INT1IA EXTRAORDINARY 33

(3) A sentence of cells may, at the discretion of the senior officer present, be carried out in a ship or naval establishment other than that in which it was awarded.

58. Routine to be followed.—(I) I hc day on which the warrant is read shall count as a complete day of the sentence irrespective of the actual time at which confinement commences.

(2) The offender shall pick on ail days other than Sundays either 90 grains of tarred hemp or 2 70 kilograms sisal, which shall be weighed when given to him and again when received from him.

(3) The offender shall be allowed the use of his bedding for the first four nights, but in cold weather he may be allowed to use a blanket if considered necessary and he shall be deprived of tobacco, knives, razors,¹- writing material, and all books and papers, except suitable books of instruc- tion:

Provided that the offender may be allowed to read religious books.

(4) The offender shall keep himself and his cell clean and after the third day's confinement he shall be brought on deck under a sentry's" charge for two hours a day, one hour in the morning and one hour in the afternoon and he may be given the normal forms of arms drill during these exercise periods.

(5) A medical officer shall viiit the offender both night and morning in hot climate and once a day in other cases and the Officer of the Watch or Officer of the Day shall visit the offender in his cell once in each watch.'

(6) Subject to the provisions of sub-regulation (5) an offender shall not be permitted to hold communication with any person, except when authorised by the Commanding Officer.

34 THE GAZETTE OF INDIA EXTRAORDINARY [PAKT I I-

DEPRIVATION OF GOOD CONDUCT MEDAL OR BADGES (NO. 9).

59. Deprivation of Good Conduct Medal.—(1) Any sailor to whom a Good Conduct Medal has been awarded may be deprived of it sum- marily by warrant for misconduct and thereupon the medal shall be return- ed to the Captain, Naval Barracks, Bombay.

(2) No person shall be deprived of this medal, nor shall any punish- * ment entailing the forfeiture of this medal be awarded without the previous approval of a Flag Officer or Commodore.

(3) A sailor may be deprived of his medal without being deprived of any Good Conduct Badge.

(4) The Commanding Officer may at his discretion take away one badge, but not more, without depriving the sailor of his medal, if his con- duct has been in all other respects satisfactory, notwithstanding that the deprivation of a badge may necessitate the award of the entry "Good" at the annual assessment of character; provided that such discretion shall be exercised in favour of any sailor only once.

(5) If a badge should be taken away without loss of the medal, the medal shall not be worn until the badge is regained.

(6) A sailor who receives any of the following punishments shall be deprived of the medal, namely:—

(a) Imprisonment.

(b) Dismissal.

(d) Disrating.

(e) Reduction to the second class for! conduct.

(f) Cells. (g) Deprivation of two or more Good Conduct Badges.

(h) Deprivation of a badge on a second occasion after the award of the medal; such deprivation shall be noted on the warrant, both in the heading and in the appropriate column.

(7) The medal shall be forfeited when a sailor holding i t-

fa) deserts,

(b) is awarded a character assessment inferior to "V.G." except—

(i) as provided in sub-regulation (4),

SEC. 4] THE GAZETTE OF 1NDJA EXTRAORDINARY 35

(ii) when a lower character assessment is awarded consequent

upon conviction by the civil authority.

12 months from the date of deprivation.

(8) Forfeiture under clause (a) of sub-regulation (7) shall be imple- mented ^n conviction and noted on the punishment warrant and forfeiture under clauses (b) and (c) of that sub-regulation shall be implemented immediately after the charactcd ha& been assessed or the period of 12 months expires whichever is earlier.

(9) A warrant shall not be required for the forfeiture of the medal but the sailor shall be informed formally of the forfeiture and when he appears before the Commanding Officer for this purpose, he shall not be treated as a defaulter, and shall be dealt with after requestmen.

(10) Deprivation of forfeiture of the medals shall be noted on page 4

of the sailor's Service Certificate.

60. Restoration of Medals-—-(1) When a sailor has been deprived of the Good Conduct Medal or has forfeited it for misconduct, the medal may, with the approval of the Chief of the Naval Staff, be restored,—

(a) at any time, if the sailor¹ has rendered some special service;

(b) on completion of 5 years' service with continuous "V.G."

character.

(2) Where a sailor is discharged before completing the 5 years' "V.G." service required for restoration of the medal and subsequently re- enters, any further service with "V. G." character may be allowed to count for the purpose of qualifying for restoration.

CAMPAIGN OR COMMEMORATIVE MEDALS

61. Forfeiture for certain offences.-—-The punishment awarded for treason, sedition, mutiny, cowardice or disgraceful conduct of an un- natural kind shall include the forfeiture of any campaign or commemora- tive medals, unless the forfeiture is already involved in the conviction or sentence and if the offender is in possession of any medals awarded for gallantry or of any decoration, the tribunal trying him shall not expressly include the forfeiture of such medals in the sentence but a report of the conviction shall be made to the Chief of the Naval Staff.

36 THE CA/F.ITE OF INDI\ EXTRAORDINARY [PART I I-

62. Restoration of Medals.— ( ]) The awards forfeited under regula- tion 61 may be restored with the approval of the Chief of the Naval Staff in the following circumstances, namely:—

(a) when a minimum of 3 years' service has been rendered, sub- sequent to the expiration or suspension of sentence, if applicable, or from the date of conviction:

Provided that the "Vt G." ctonduct hasl (been maintained during such service:

Provided further that if the desertion is during the state of hostility, no award instituted for service during that period of hostili- ties shall be restored unless the individual subsequently rendered approved service in the armed force from which he deserted prior to the termination of such hostilities.

Explanation.—Approved service for the purpose of this clause shall be deemed to be paid service of one day or more subsequent to the expiration of the sentence;

(b) when the required 3 years' requalifying service has not been

completed owing to—-

(i) expiry of his period of engagement,

(ii) death, or

(iii) wounds or sickness not due to misconduct provided that "V. G." conduct has been maintained from the date of re-entry on expiration or suspension of sentence for date of conviction as applicable) to the time of discharge;

(i) re-engagement for pension, after completion of the first

period of service;

(ii) mobilization from the Reserve; or

(iii) advancement to Petty Officer's or higher r'ate;

(d) in recognition of meritorious service not necessarily resulting in a decoration or when otherwise specially recommended.

(2) Restoration of medals forfeited for the offences of treason, sedi- tion, mutiny or cowardice shall be permitted only if a perSon qualifies under clause (a), clause (c)(iii) or clause (d) of sub-regulation (1),

Src. 4] TtiE GA/FTTE OF INDIA EX TR \ORDINARY 37

(3) Application for restoration of piedals under sub-regulation (2) shall be made to the Chief of the Naval Staff and such restoration may be made—

(1) fiec of charge when the original medals have been returned to the Captain Naval Barracks, Bombay, on being forfeited or when the medals have been forfeited prior to issue:—•

(ii) on repayment as duplicate issues when the original medals were not recovered, provided that a satisfactory explana- tion of the circumstances of non-recovery is forthcoming.

(4) All restoration of medals under this jegulation shall be noted on the sailor's Service Certificate.

DEPRIVATION OF GOOD CONDUCT BADGEfS)

63. Deprivation of Badges.—(1) A sailor who receives any of the following punishments shall be deprived of any badge he may hold:—

(a) Imprisonment

(b) Detention

(d) Cells.

(2) Deprivation of two or more badges or deprivation of one budge ior the second time since the award of L. S & G C. Medal or Meritorious Service Medal shall involve deprivation of the medal.

(3) Any sailor holding one or more badges may be deprived of them by warrant, except as provided in regulation 119.

(4) One badge so lost may be regained by six months' "V. G." con- duct, and additional badges by further periods of six months, reckoned in each case from the date of the preceding restoration.

(5) If, however, a sailor has been sentenced to deprivation a second time within three years of actual seivice, the qualification for restoration shall be twelve months for the first restoration, and six months for each subsequent restoration.

(6) Time which does not count for purposes, of awaid shall not be reckoned towards restoration of badges.

(7) Sailors serving in non-badge ratings shall be eligible for the restoration of badges, although not eligible for the award of further badges.

g8 1HE GAZETTE Ol INDIA EXTRAORDINARY [PART II ~

(8) Restorations shall be made when they become due whether the sailor prefers his claim or not.

REPRIMAND BY THE CAPTAIN (No. 10)

64. Reprimand by the Captain.—The punishment of reprimand by the Captain shall be awarded only to leading ratings and above and such punishment shall always be recorded.

EXTRA WORK AND DRILL (No. 11)

65. Routine to be followed.—Sailors may be awarded the punishment of extra work and drill upto 14 days when they are to be subject to the following routine:—

(a) Leave to be stopped.

(b) To turn out half an hour before the hands.

(c) To do extra work during non-working hours from half an houT before the hands turn to until 2100, one hour of which during the dog-watches, to be, if possible, drill or boat pulling.

(d) To be mustered frequently.

(e) To have full time for meals except dinner for which half an hour will be allowed; to be employed for the remainder of dinner hour at drill or work.

(f) Drill is to be performed wearing correct drill order only.

66. Other instructions.—(1) Extra work shall be substituted when drill would have to be carried out in sight of civilian onlookers.

(2) When possible, extra work shall be done in the department to which the offender belongs.

(3) If a sailor has to keep a night watch either in harbour or at sea, this punishment shall cease at 2000 and he shall not be turned out before the usual time.

(4) When a sailor is under this punishment, he shall be allowed to leave the ship or establishment only on duty though he may be allowed to proceed on long leave at the discretion of the Commanding Officer.

SEC i) THE GA7ET1L. OF INDIA EXTRAORDINARY 39

STOPPAGE OF LEAVE (NO. 12)

67. Stoppage of leave.—(1) As stoppage of leave, in common with other punishments, commences from the date on which it is awarded and runs continuously from that date and as it may not bo awarded for more than 60 days, stoppage of leave should be considered ineffective if given in conjunction with the sentence of imprisonment or detention of 60 days or more.

(2) When stoppage of leave is awarded for leave-breaking, it shall not exceed the scale laid down except for aggravated or repeated offences.

(3) Stoppage of leave may also be awarded hi appropriate cases for any other offence cither as the only punishment or with another punishment.

(4) While under stoppage of leave, a sailor shall not be allowed to leave the ship or establishment except on duty; he may, however, be allowed to proceed on long leave at the discretion of the Commanding Officer.

(5) The punishment of stoppage of leave shall not involve any other penalties except mustering with sailors under punishment.

EXTRA WORK OR DRILL (NO. 13)

68. Extra work or drill.—Extra work or drill for! not more than 1 hours a day may be awarded for any period not exceeding 7 days.

69. Other instructions-—Drill shall be performed wearing correct drill order only and when drill would have to be carried out in sight of civilian onlookers, extra work shall be substituted.

ADMONITION (NO. 14)

70. Admonition.—(1) When a sailor is found guilty of an offence which, of itself or in view of the mitigating circumstances, is not considered to deserve any more serious punishment, he shall be admonished as in the case of a first trivial offence of leave-breaking when a mulct is not imposed.

(2) The offence and the punishment shall be recorded.

40 THE CA/ETJLE OF INDIA fcx'J RAORDINARY [PART I I-

71. Special directions.—In regard to all summary punishments, the following further directions shall be observed, namely:—

(a) Suspension on Sunday.—Summary punishments which are carried out on board, except confinement in cells of under a canvas screen, and stoppage of leave, shall be suspended on Sunday, but that day shall count as part of the period for which any sentence is awarded.

(b) Night's rest.—Sailors shall not be deprived of their night's rest at sea as a punishment.

(c) Iron and handcuffs.—The use of irons or handcuffs shall, except for the purpose of ensuring the safe custody of a piisoner, or for mutinous conduct, be avoided as far as possible.

(d) Gags shall not be used and sailors who are noisy or violent shall be confined in a cell for such time as may be necessary.

(c) Stoppage of pay.—Pay shall not be forfeited nor shall any stoppage of pay and allowances be made for misconduct, except in cases expressly authorised by the Act, or by these regulations.

(f) Applicable punishment .—Every punishment must be appli- cable to the offence, and to the offender at the time he committed the offence of which he stands convicted.

72. Maintenance of records.—Records of offences sheet, minor punishments book, the Daily Record of Offences and Punishments and Punishment Return shall be maintained in the prescribed forms.

73. Submission of Punishment return.—A punishment return in the prescribed form shall be submitted by the appropriate authority at the end of each quarter to the Chief of the Naval Staff

Src 4) THE GAZETTE OF JNDIA EXTRAORDINARY 4!

CHAPTER III

SUMMARY PUNISHMENTS FOR ARTIFICER APPRENTICES AND BOYS

UNDER TRAINING

74. Scale of punishments.—-The following punishments may be award- ed summarily to the Artificer Apprentices and Boys under training. namely:—

No. 1—Imprisonment not exceeding three months.

No. 2—Detention not exceeding three months.

No. 3-—Dismissal from the naval service.

No. 4—Confinement in cells not exceeding fourteen days.

No. 5—Isolation not exceeding fourteen days.

No. 6-—Caning (not to be less than six nor to exceed twelve cuts).

No. 7—To have meals at the defaulters' table: to stand on deck for half an hour during the dinner hour; to do half an hour's drill during recreation time; to turn out half an hour earlier and stand on deck; leave to be stopped. This punishment is not to be awarded for a period exceeding fourteen days.

No. 8—Stoppage of leave for a iperiod not exceeding twenty eight days.

No, 9—Mulcts of pay for improper absence and for unlitncss for duty from drinking on shore.

No. 10—Extra drill for a period not exceeding fourteen days.

No. 11—Disrating of Instructor, Petty Officer or Leading Boys.

75. Suspension of punishment on Sundays.-—Punishments which are carried, out on board, other than cells and stoppage of leave shall be sus- pended on Sunday but that day shall count as part of the period for which any sentence is awarded.

76. Delegation of powers.—-(1) Commanding Officers of training establishments and training ships may delegate to the Executive Officer, of or above the rank or relative rank of Lieutenant, power to impose the follow- ing punishments mentioned in regulation 74 to the extent mentioned against each:—

No. 7 . . in full

No. 10 . . not exceeding seven days.

(2) The Commanding Officer may, by written authority delegate to the undermentioned officers whenever and so long as he may deem fit, the power

42 THE GAZETTE OF INDIA EXTRAORDINARY [PART I I-

to award the following punishments mentioned in^regulation 74 to the extent mentioned against each:

(a) Training Commander of or above the rank of Lieutenant or relative rank of Lieutenant:—

No. 7 for seven days.

No. 10 . . for seven days.

(b) The Officer of the Day or Officer-in-Charge of workshops of the rank of Lieutenant or relative rank of Lieutenant:—

No. 11 . . for¹ one day.

All such punishments shall be recorded in a special book kept for the pur- pose and such power shall be confined to cases of misconduct on the part of individual Apprentices or Boys, and shall not be exercised with respect to cases of misconduct on the part of a group of Apprentices or Boys.

77. General regulations applicable to punishments.—In administering punishments under this Chapter, the general regulations contained in Chapters III and IV shall be adhered to wherever applicable and so far as they are not inconsistent with the provisions of this Chapter.

78. Punishment of Instructors, Petty Officers and Leading Boys.—-(1) Instructors, Petty Officers and Leading Boys and Apprentices shall be dis- rated before being awarded punishment No. 7 mentioned in regulation 74 and any higher punishment.

(2) Except in the case of leave-breaking over twelve hours (when an Instructor, Petty Officer or Leading Boy is to be disrated) disrating may be considered a portion or (except in the case of leave-breaking) the whole of the punishment.

79. Confinement in cell.—Confinement in a cell shall be awarded only in exceptional circumstances like short term of imprisonment or detention.

80. Isolation.—Apprentices and Boys who have been awarded the punishment of isolation shall be subject to the following restrictions and conditions, namely:—

(a) They shall attend all instructions.

(b) When not undergoing instructions, they shall be confined in a suitable place set aside for the purpose.

(d) They shall keep themselves and their place of confinement clean.

SEC 4] THE GA7ETTE OF INDIA J'Xl RAORDINARY 43

(e) They shall be allowed the use of religious and instructional

books.

(f) They shall be deprived of tobacco, knives and all books, papers or writing material, except for instructional purposes:

Provided that they may be allowed to write letters to their homes, the number of such letters not exceeding one per week or a total of two during the period of punishment.

(g) They shall wear a distinctive diess to indicate that they are undergoing isolation punishment and when blue uniform is worn, it shall consist of a broad white duck band and, when white uniform is worn, of a broad blue band and the band shall be attached securely to the sleeve of each arm and shall be worn continuously during the period of punishment.

(h) They shall undergo one hour's physical drill daily to be per-

formed in the open air whenever practicable.

81. Caning.—(1) Caning shall be inflicted onlv in the case of persons below the age of eighteen and only on the express orders of the Commanding Officer for the serious offences of theft, immorality, insubordination, aggra- vated case of drunkenness and deliberate and continued disobedience of orders and shall not be carried out in public.

(2) Tn the absence of the Commanding Officer, the officer in command shall not cause caning to be inflicted unless the Commanding Officer is absent from duty with the permission of his superior authority for more than forty eight hours,

(3) When two or more persons are caned on the same day, those who arc waiting their turn for punishment shall not witness the mfktion of caning on another and no one shall be present whilst the canina is in progress except the person administering the punishment and the officer who wit- nesses the caning.

82. StODvage of leave.—Ci) Great care shill be exercised before awarding stoppage of leave for a period in excess of fourteen days.

(2) Apprentices and boys underflow this punishment .lv.11 be enrolov- ed for a maximum of one hour daily during their recreational period on any work.

83. Extra Drill- Extra drill shall be riore ns "

' Hr c - \ zn i !•; c\ > • . : ?> I Z X CK \ O R U I N 4 R>

[PAKT I I-

84. Disrating Pisratiijg k i ' h t,vnij"'i!sciy for leave-breaking for over twelve hours.

85. Records. -(1) Separate Jai'y records or olfences and punishments shall be maintained for—

(a) Artificer Apprentices;

(b) boys;

(2) Such daily records shrill contain a record of every punishment inflict- ed and by whom awarded, those n'wriled by the Executive Officer being initialled bv him and shall be e"">inineri •'nd signed by the Commanding Officer at least once a week after satisfying himself that all punishments have been duly entered.

(3) A weekly copy of the entries made on the prescribed form shall be displayed on the notice board or the mess deck or other suitable place.

86. Punishment retu- ,<.'.— M the en 1 of each quarter the punishments from the daily record of ^f^ncs shaH be abstracted into the quarterly re- turn of punishment ;)rJd forwarded tn the Chief of the Naval Staff.

87. Previous offences.—When ;m often ^ is being dealt with under the provisions of this Chioter. all nr-^'irns offences committed by the person concerned shall be taken into consideration when awarding punishment.

88. Charge for theft.—Charges for theft shall not be made except when there is clear evidence of criminal intent.

Illustration.—When an Apnrcntice or boy is found in possession of an article belonging to another, the Apprentice or the bov concerned shall not be punished for theft unV=s tV CY'"-"i"inndi""r HfTir^r is satisfied that when it w^s taken there was an intent''on to cni'se wrongful loss to a nerson or wrong- ful ^oin to Vmself or another nersnn. Tmiess the Commanding Officer is satisfied of this, or if he is satisfWi thpt the Anm-enfice or the Bov. f"s the cise mav be, reallv found the arh'cie hnne about, he should be ehir(Ted with beins gniltv of neslcct to the prejudice of rrnod order and navni discipline is cot handing over to the prorer authority the articles which, to his knowledge, had come into his po^'-sion without the consent of the owners.

SEC. 4] THE GAZETTE Ol' INDIA EXIKAORDINARY 45

CHAPTER IV

DISCIPLINE

ARREST—SUSPENSION OF SENTENCES--PRISONS AND DETENTION QUARTERS—DESERrfcila-—CIVIL AUTHORITY

SECTION I

ARREST AND NAVAL CUSTODY

89. Arrest.—(1) If an officer disoue/s orders or otherwise misbehaves, he may be placed under arrest, and a report of the particulars of the offence shall be forwarded by the Commaaaia^ Officer to the Chief of the Naval Staff as soon as possible, but if the Commanding Officer should be induced from any circumstances to release him from, arrest, and to withdraw or allow to be withdrawn the charges against him, such officer shall return to his duty without prejudice to future investigation of any complaint which the Commanding Officer may make relative to such arrest.

(2) If the Commanding Officer considers the cause for placing an officer under arrest to be of such a nature as to necessitate its being brought before a court-martial, but if circumstances of the service should render it neces- sary that the officer under a n ct sho. ! j be lelcased without the withdrawal of the charge against him, he may so release him, and the officer or sailor shall return to his duty according/, v/ithoul prejudice to his future trial or the inquiry into the charge on "'fc'ch he was placed under arrest.

(3) When an officer or sailor is placed under anest. the Commanding Officer shall take care that no more restraint ii put upon h's personal liberty than the discipline of the Service requires and the nature of his offence may render expedient.

Explanation.—Arrest is not a piinhhrncnl but only a means adopted to ensure the safe custody of an offender ui"til he can be dealt with adequately.

90. Prescribed officer jor purposes of secden 85. - The prescribed officer for the purpose of section 85 shall in the case of sailors be the Executive Officer.

91. Suspension of an officer from chuy. --Suspension of an officer (inde- pendent of arrest) may be orderer¹ by f^e Commanding Officer (of or above the rank of Lieutenant-Commander^ of the ship to which the officer belongs or by any other superior authority—

(a) when the officer submits his case for investigation;

46 THE GAZE'l IE Ol' IiNDlA EXTRAORDINARY [PAMT 1 1-

(b) 111 any case in which the officer's character or conduct as an ornccr and a gentleman is impugned;

(d) when any criminal proceedings are pending against him in an oidniary criminal coun.

92. Naval custody.—(1) The Commanding Officer shall be responsible for the sale custody ol every peison, oltender, or prisoner who is placed in navai custody in me ship or establishment.

(2) Such custody may be open or close, according to the circumstances of each case and at trie discretion of the Commanding Officer.

Explanation.—Open custody mvolvcs only such restraint as may be necessary foi safe custody, whereas close custody involves deprivation of all liberty and continuous supervision, and is equivalent to confinement in tne sense in which it is used in sub-section (2) of section 151.

93. Offenders awaiting imprisonment or detention.—Persons under sentence of imprisonment or detention, while on passage in Indian Naval Ships, shall not be called upon to do any duty except in case of emergency and they may be dealt with as prisoners at laige (kept in open custody), when the circumstances permit, but they shall be restrained or confined, it necessary, for sate custody or to prevent further misconduct.

94. Offenders under sentence.- -Olfenders who may be in naval custody while undergoing a sentence oi mipiisonment or detention shall, as far as possible, be subject to the following piovisions: —

(a) They shall not be allowed to communicate by letter with any person nor to receive any letter or visit without permission of the Chief of the Naval Staff and any letters written by or to them with such permission shall first be read by the Com- manding Officer of the ship, who shall use his discretion in communicating or withholding thejr contents.

(b) Any visit allowed to them must take place in the presence of an officer.

(2) Such measures as arc necessary for the proper enforcement of the provisions of clauses (a) and (b) of sub-regulation (1) shall be taken in Indian Naval Ships and no departure from the said provisions shall be made, save

Stc i] THE GAZETTE OF INDIA EXTRAORDINARY 47

in exceptional circumstances, when the Commanding Officer may act accord- ing to his discretion, reporting the circumstances to the Chief of the Naval Staff.

95. Sickness of accused persons and offenders.—(1) An offender await- ing transfer to prison or detention quarters or a person awaiting trial, by court martial or otherwise, tor a serious ollcnce, shall not be sent to hospital without the sanction ot the senior oilicer present and where such ollender or person is sent to the hospital, the Commanding Officer or the Medical Officer-in-Charge of the hospital shall be informed that the person is to be considered as under arrest and shall also be informed into which of the following categories he falls:—

(a) Offender sentenced on to (period) imprisonment or detention by court-martial;

(b) (i) Accused person awaiting trial by court-martial or a criminal Court.

(ii) Recovered deserter whose case has not yet been dealt with.

(iii) Accused person whose case has been investigated and charge proved, but punishment not awarded.

(d) Accused person awaiting summary trial.

Details of the nature of the offence, the punishment awarded and the number and date of the punishment warrant shall also be sent, if appro- priate.

(2) An officer or sailor being an offender awaiting transfer to prison or a person awaiting trial, by court martial or otherwise, for a serious offence, shall not be brought forward for medical survey with a view to invaliding without the special directions of the Chief of the Naval Staff and when a survey is held under such directions, the result shall be reported by the Surveying Officer specially to the Chief of the Naval Staff who shall, subject to the provisions of sub-regulations (3) to (6) decide as to the disposal of the person concerned.

(3) The Chief of the Naval Staff shall not, in consequence of the report of the surveying officer, authorise any step which will result in an accused person escaping trial unless the surveying officer certifies that his mental

48 IHJi OA/Ei 1L

condition at the date of the alleged offence was such that he was not res- ponsible lor his actions, or that his physical or mental condition is such that even the fact of being tried, apart from any sentence that might be awarded, would be likely to impair ins health permanently and if the survey- ing otacer certifies thai a peison dwanmg tuaj tor desertion was not res- ponsible ior his actions at the time of the alleged desertion, the Chiet of the .Naval Staff shall obtain tlie directions oi the Government whether the notation of desertion is to be removed.

(4) The Chief of the Naval Stall shall not, in consequence of the report of the surveying orhcer, authorise uiiy step which will result in a person under sentence of imprisonment or detention escaping the residue of the sentence, unless the surveying officer certifies that the offender is medically unht to undergo even a modified prison or detention routine, as the case may be and if such a medical certificate is furnished, the ollender may, pro- vided that he is not to be dismissed or dischraged for misconduct, be in- valided from the service; but care shall be taken that the sentence is duly entered in his Service Certificate and elsewhere as necessary.

(5) The medical certificate furnished under sub-regulation (4) shall be forwarded to the Government in order that the residue of the sentence may formally be remitted.

(6) If the surveying oliicei certifies thai the offender's mental condition on the date of his okence in.bt iiavt* been such that he was not then res- ponsible for his action, the i. hiei oi the Naval Staff shall immediately obtain the directions of the Government whether the sentence is to stand or be annulled.

SECTION II

SUSPENSION OF SENTENCES

96. Suspension of sentence.—(1) The power of suspending a sentence of imprisonment or detention under section 164 may be exercised when a sailor of good reputation has committed himself because of some long- continued strain, or in circumstances which lead the Commanding Officer or superior authority to believe that he will retrieve his good name, or when the sailor's services are required for a dangerous or arduous duty which would otherwise be avoided, or to enable a deserter or persistent leave- breaker who is considered to be capable of reformation to be drafted to sea, so that he may be removed from the temptation to repeat his offence.

S E C. 4] T 1 U< O A /M I !• Oh I N D IA F X T R A O R D I N A RY

(2) Officers shall, as far as possible, use Llvs power freely whenever they can do so without detriment 10 discipline, and when the offender is likely by his conduct, to justify the confidence placed in him; hut a sentence shall never be suspended when it is intended that the offender shall not return to the Service.

97. Court-martial sentence.—(1) Jf the officer who ordered the court- martial or any other officer h;iv;n

(2) When an order suspending a court-marlial sentence has been made under sub-regulation (1), the accused shall be—

(i) informed by his Commanding Officer that it has been decided to suspend his sentence, that his case will be reviewed periodi- cally, and that, if his subseouent conduct is such as to justify a remission of thf sentence, it will be remitted,

(ii) warned that, if the continuity of his "V G." conduct is broken or if his behaviour is in any way unsatisfactory while he is on probation, the sentence may be enforced; and

(iii) released from custody.

<3) In all cases where a sentence passed bv cnurt-rn < rthl is suspended, the intimation thereof shall be sent immediately to the Chief of the Naval Staff together with a statement of the reasons ior susrvp.sion of the sentence

98. Summary punishment.— With the concurrence of the authority who aDnroves a punishment warrant for imprisonment or detention, the Com- manding Officer may, instead of issuing a committal order, give an order in writing that the sentence shil] be suspended ^ntil an order of committal ;s issMcd and if such authoritv Is not present at the place, the Commanding Officer shall use his discretion in

<2) At anv time after a commital order has been issued, the officer whe signed th" committal order may order the residue of the sentence to be suspended.

(3) When the Commanding Officer suspends a sentence, he shall make a report thereof when the Punishment Return is forwarded.

j0 THE GAZE TTE OF INDIA EXTRAORDINARY [PAKT I I-

(4) When a sentence has been suspended, either before or after an order of committal has been issued, the ollender shall be released from custody and informed by his Commanding Officer that his case will be reviewed periodically, and that the enforcement or remission of the remaining por- tion of the sentence will depend on his conduct remaining "V.G.".

(5) When a sailor whose sentence has been suspended is drafted to an- other ship or establishment, the fact that a sentence is under suspension shall be notified immediately by letter to his new Commanding Officer, who should also be told whether the sailor's conduct to-date has been such as to deserve remission in due course.

99. Period of suspension.—(1) A sentence which has been suspended, either before or after a committal order has been issued, shall remain suspended until such an order has been issued or re-issued or the sentence has been finally remitted.

(2) A sentence may remain suspended for twelve months, unless the sailor commits himself in the meaniime, but under no circumstances shall the sentence remain suspended for a longer period except when the issue of a committal order has not been possible because the sailor has deserted or been absent without leave.

100. Reconsideration of court-martial sentence.—(1) A court-martial sentence which has been suspended may be reconsidered at intervals of not more than three months, unless it has been put into execution in the mean- time, and on these occasions the individual shall be brought before the Commanding Officer, who should take the opportunity of reviewing the circumstances and warning him that he is still under probation.

(2) The Commanding Officer shall make a report on the sailor's conduct, recommending whether the sentence should remain suspended or be re- mitted, to the Chief of the Naval Staff who shall, if he considers that the offender's conduct justifies remission, remit the sentence accordingly.

(3) If at any t'me during the probationary period the continuity of a sailor's "V.G." conduct is broken or his behaviour is in any way unsatis- factory, the sentence mav be enforced and the Commanding Officer shall forward a report as in sub-regulation (2) and a committal order shall be issued by the Chief of the Naval Staff or by the officer orderino the cour-- martial by which the sailor was .sentenced.

SYti. 4] t Ht GAzEi TE OF IMDIA EXI RAbRlJlNAliv 5!

(4) Administrative Authorities shall ensure that the reconsideration of suspended sentence is duly carried out at intervals of not more than three months.

101. Reconsideration of summary sentence.—-(1) The Commanding Officer of the ship to which the sailor for the time being belongs shall re- consider the sentence as in the foregoing regulation and decide whether the rest of the sentence shall be finally remitted or remain suspended, in- forming the sailor of his decision.

(2) If during the probationary period the continuity of the sailor's "V.G."' conduct is broken or his⁰£e"¹thfc "sentence by issuing the committal order.

(3) The review, remission or enforcement of a suspended sentence shall

be reported when the Punishment Return is forwarded.

102. Offences during suspemion.~il) If a person whose sentence has been suspended commits a further offence for which he is sentenced to im- prisonment or detention, any officer having power to issue a committal order in respect of the second sentence or any officer having power to issue or re-issue committal: order in respe^^p^ the first may. subject to any recom- mendations to the contrary made by the court or officer who tried him tor the second offence, order the sentences to run concurrently or consecutively, but, if two sentences of detetftWrt slmcWrff'lit the aggregate to more than two years, the excess shall b$iJi6hiitt:edna'fttIi;Whyre the second sentence is award- ed under the Act and(is!®"e'6f!Iirn'pri"6fliriSr}i, a previous sentence of deten- tion shall be remittttdi'

(2) A sen^e|i/tftjo*;ueteBW"n'jBnaii,inoDJiie"jiwarded if the offender is al-

ready under sentence of imprisonment.

51 TH£ GAZETTE OF INDIA EXTRAORDINARY [PART I I-

(2) If a committal order is issued and the sentence is subsequently suspended, or if a sentence is suspended but a committal order is subse- quently issued, all the consequential penalities and other consequences, namely,—

(a) disrating;

(b) deprivation of badges and medal;

(d) loss of pay and time,

shall be enforced in respect of so much of the sentence as is actually served.

(3) If a sentence which has been suspended is subsequently carried out, disrating, deprivation of badges and medal, loss of pay and time shall take effect from the date of committal.

(4) When a sentence of imprisonment or detention is suspended after committal, disrating and deprivation of badges and medal shall take effect from the date of sentence and loss of pay and time from the date of com- mittal.

(5) For all sentences, effect upon character shall operate from the date of sentence.

104. Other consequential effects.—(1) A sentence of imprisonment or detention, even if suspended shall automatically cause a break in "V.G." conduct.

(2) If, at the time of assessment of character, an offender's sentence, or a portion thereof, is under suspension, the only penalties which shall be taken into consideration are the portion such sentence and the consequen- tial penalties (if any) which have actually been enforced and if the sus- pended sentence or the suspended portion thereof is subsequently enforced, the character previously assessed shall be altered to that which is appro- priate to the full sentence.

(3) All alterations in character under sub-regulation (2) shall be re- ported to the Captain, Naval Barracks, Bombay.

(4) Where a suspended sentence or the suspended portion of a sentence is carried out in the year following that in which the sentence was award- ed, together with the sentence of imprisonment or detention, only the latter sentence shall be taken into account in assessing character at the end of the year, whether such sentences run consecutively or concurrently.

Sec 4J THE GAZETTE OF INDIA EXTRAORDINARY 53

(5) If an offender under a suspended sentence deserts and is not re- covered, or is not claimed for further service, his character shall be assess- ed as if the sentence has been carried out.

105. Record of suspension, etc. of sentence.—(1) The suspension of a sentence in whole or in part shall be recorded with full particulars of the offence and sentence on the Advancement and Conduct Record Sheet.

(2) Notations shall be made as follows in the "Time forfeited" column on page 4 of the Service Certificate, each notation being authenticated by the Commanding Officer's signature, with the date on which the sentence was either suspended, remitted or enforced:^-

(a) Suspension of sentence before committal

(b) Suspension of sentence after committal.

(d) Committal or re-committal fol- lowing suspension of sentence or of residue of sentence.

Put "suspended" alongside the nota- tion of the number of days awarded. Insert in the appropriate column the number of days served, adding "Resi- due Suspended". Rule through the notation "Suspend- ed" or Residue Suspended and insert notation "Remitted" or "Residue remitted". Rule through the notation "Suspend- ed" or "Residue suspended" and insert notation "Committed" or "Rej committed" as requisite.

(3) Care shall be taken that the original notation which is ruled through is not obliterated.

SECTION in

MISCELLANEOUS PROVISIONS CONCERNING PRISONS AND DETENTION QUARTERS

106. Selection of place of confinement.—The space provided on the warrant for the insertion of the name of the jail or detention establishment to which the prisoner is to be sent, shall be completed in accordance with the local standing orders or in the absence of such orders in accordance with the directions of the officer approving the warrant.

107. Visiting jails.—The Administrative Authorities shall obtain infor- mation as to the state of jails in which Indian Naval personnel normally serve terms of imprisonment, by directing an officer or officers of the rank of Commander or above to visit them from time to time, with the permis- sion of the civil authorities and report on them.

54 THE GAZEl TE OF INDIA EXTRAORDINARY [PART I I-

108. Medical examination—A Medical Officer shall examine the offender prior to his commitment to a prison or detention establishment as the case may be, to ascertain whether he is physically capable of under- going a sentence, and again on his return to the ship.

109. Committal order.—-The order for imprisonment or detention, being the authority for the Superintendent of a jail or for the officer in command of the detention establishment to receive and detain an offender, and to release him at the expiration of his sentence, shall be made out on the prescribed form.

110. Persons sentenced, how &ora

111. Civil custody.—Sailors convicted by the civil authority, whether sentenced to imprisonment or not, shall continue to be borne on the books of the ship to wheih they belong unless they will not return to that ship, when they shall be dealt with as directed in regulation 110.

112. Sailors from ships about to sail—(I) Sailors undergoing imprison- ment or detention awarded summarily may. at the discretion of the senior naval officer present, be removed from confinement for the purpose of re- joining their ships before sailing, if a very few days of the sentence remain unexpired, or at any time, if the completion of the sentence will involve any serious inconvenience to the Service.

(2) Tf the Commanding Officer should consider it advisable that sailors should be so released, he shall report the matter at least three days befpre hand to the senior naval officer present and, with ^is approval, may issue "I order in writing for the release of the offender.

113. Dismissal after confinement.—When a sailor has been dismissed or discharged from the Service, notice thereof shall be given by the Com- manding Officer to the authorities at the place of confinement to which he is sent in order that he may be set at liberty at the expiration of his sent to confinement.

114. Escorts.—<\) A sufficient escort shall accompany each offender

sent to confinement.

(2) The Commanding Officer of a ship on whose books a sailor is borne on the d.fttP gf release sMl make arrangements for some proper person or

Sw. 4] THE GA/ET1E OF INDIA L.XI RAOKDINARY

persons to be at the place of confinement at the exact time when the sailor may be entitled to his release, to receive and conduct the offender on board; when the sentence expires on a Sunday the offender is entitled to be re- leased on the preceding Saturday,

SECTION IV

CIVIL AUTHORITY

115. Arrest by civil authority.—(1) The Commanding Officer shall afford every facility to the civil authority in detecting and apprehending persons serving on board whose arrest is required on any criminal charge, but he shall require any police officer, or other civil officer coming on board to search for or apprehend such persons, to produce his warrant or to show satisfactory evidence of the capacity in which he acts.

(2) No officer or sailor in naval custody shall be claimed by the civil authorities for trial in a civil court, except on a direction made by a High Court under section 491 of the Code of Criminal Procedure 1898 (5 of 1898), or under an order by the Government in this behalf.

(3) Such officer or sailor may, however, be surrendered voluntarily to answer a criminal charge if such charge is in respect of a civil offence more serious than the naval offence for which he is held in naval custody:

Provided that the previous approval of the Administrative Authority concerned shall, wherever possible be obtained before such a course is taken.

(4) Where a sailor has been arrested by any civil authority and after- wards admitted to bail, and the ship to which he belongs leaves the port before he is dealt with, he shall, if possible, be lent to a ship remaining at the port.

(5) A sailor who is left behind by his ship because of proceedings against him in a civil court, whether he is subsequently acquitted or con- victed, shall be liable for the whole cost of rejoining his ship, but special cases in which, owing to the movement of the ship, it is considered that this liability should not be enforced, may be represented to the Chief of the Naval Staff.

(6) Where conviction has resulted, the travelling expenses incurred by the sailor as well as the penalty enforced by the court shall be taken into account by the Captain in considering the imposition of naval penalties and in similar circumstances abroad, the matter shall be reported to th?

56 THE GA/ETTE OF INDIA EXTRAORDINARY [PART I I-

Chief of the Naval Staff for decision whether the sailor should bear the whole or any part of the expense of rejoining his ship.

(7) The Commanding Officer shall permit writs and other legal pro- cesses to be served on board provided no serious inconvenience is thereby caused to the service.

(8) When a subpoena or witness summons requiring attendance at any court of justice is served upon a member of ship's company, the Command- ing Officer shall grant such leave as may be necessary, provided that the efficiency of the Service is not impaired thereby and if, in the opinion of the Commanding Officer such leave cannot be granted without so impair- ing the efficiency of the Service, he shall immediately report the circum- stances, attaching all relevant documents, to the Administrative Authority for directions, and at the same time inform the officer of the court that he is so doing.

(9) Every Commanding Officer shall comply immediately with an appli- cation from the civil authority for an escort for a person under his command who is in civil custody.

116. Report of arrest, summons or conviction by the civil authority.— (I) It is the duty of every officer who may be arrested by any civil autho- rity, or may be summoned to appear before a court on a criminal charge, to report such arrest or summons, and any subsequent conviction or acquit- tal without delay to his Commanding Officer.

(2) Such arrest, summons or conviction of an officer shall be reported to the Chief of the Naval Staff who shall inform the Government.

(3) The arrest or summons of a sailor by any civil authority shall also be reported to the Chief of the Naval Staff who shall inform the Govern- ment when a sailor is charged with a serious offence like, murder and rape or when there is likely to be more than the usual publicity.

(4) The provisions of this regulation shall, as far as may be, apply also to cases where the civil authorities hand over the naval offender to be dealt with under the Act, as well as where they institute proceedings in the civil courts.

117. Attendance at trial.—(1) The attendance of an officer to watch the civil trial of an officer or a sailor in India shall be at the discretion of the accused's Commanding Officer, who shall consider the gravity of the charge, the distance from the ship to the court and the exigencies of the Service,

SEC. 4] TIIE GAZETTE OF INDIA tfxIRAORDJNAKY 57

(2) If called upon by the court to testify to the character and antece- dents of the accused, the officer who attends shall not give information of minor offences against the discipline of the Service unless specially required by the court to do so, nor shall he take a sailor's Advancement and Con- duct Record Sheet with him to the court, since the nature of such offences and the contents of the said sheet are liable to be misunderstood to the prejudice of the accused.

(3) If the accused be committed for trial, the officer watching the case shall mention to the accused the desirability of asking the court whether he is not entitled to bail or, if not entitled, whether he may not have bail.

118. Consequences of conviction by civil authorities.—When a sailor being charged for a civil offence appears before a civil court and is sentenc- ed or placed on probation, an offence has been proved against him and he shall be liable to forfeit the pay and service for the time spent in civil custody and he shall be liable to incur the naval penalties under the provi- sions of regulation 119.

119. Forfeiture of pay and service.—(1) A sailor shall forfeit one day's pay and service for each day (or part of a day) during which he is detained by the civil authority as part of the sentence and shall also, as a general rule, forefeit pay and service on the same scale for time spent in custody while awaiting or attending his trial.

(2) The Chief of the Naval Staff may remit such penalties whenever the offence is venial and brings no discredit on the Service; and also in cases where there are special gruonds for such remission.

(3) Where a sailor is on leave when arrested by the civil authority, his time and pay shall not be stopped for that portion of his absence during which he was on leave.

(4) There may be three or more separate periods for which a sailor forfeits pay and time in respect of a single conviction: —

(a) from the date of his arrest (unless he is on leave at the time) or from the expiration of his leave (if he is arrested during leave and is still in custody when his leave expires);

(b) from the date of surrender to bail (if he is allowed to return to his ship pending trial);

Any such periods shall be shown separately in the "Time Forfeited" column of the Service Certificate, even if some of them are continued.

5& THE, GAzfcTlF Ot' INDIA EXTRAORblNAftY ^AKT ti-

(5) Where the offence is one that has brought disgrace or discredit oil the uniform, the Service, or the position which the offender holds, he may be awarded the following naval penalties with the prior approval of the Chief of the Naval Staff, namely: —

(a) break in continuity of "V.G/ conduct, (if this penalty is en- forced, the date of conviction is to be noted in the conduct sheet as the date of commencement of "V.G." conduct.);

(b) award of an inferior character on the next occasion of assess-

ment;

(c; deprivation of Good Conduct Badges;

(A) deprivation of L.S. & G.C.I Meritorious Service Medal.

(6) When the offences are specially serious or repeated, the sailor may be disrated or discharged S.N.L.R. but such penalties shall be authorised only by the Chief of the Naval Staff and along with the proposal of such penalties the offender's Service Certificate shall be forwarded with the prescribed form.

(7) A decision by the Chief of the Naval Staff on the imposition of naval penalties shall be obtained on the prescribed form as soon as possible after the sailor's conviction.

(8) Forfeitures of pay and time enforced under sub-regulation (4) shall lake effect from the commencement of each separate period of absence.

(9; If any of the penalties specified in sub-regulations (.5) and (6) are enforced, they shall take effect from the date of conviction, except in the case of discharge S.N.L.R. in which case the date shall be decided by the Chief of the Naval Staff and similarly, when a sailor appeals, and the appeal is quashed, the original date of conviction shall stand for the pur- pose of applying any naval penalties awarded.

(10) The decision shall be noted with all necessary particulars on the Conduct Sheet and the service certificate, the prescribed form being finally enclosed in the quarterly return of punishment.

( I DA warrant shall not be required for any naval penalty.

120. Disposal of personal effects.—In the case of an individual sentenc- ed to imprisonment who is discharged S.N. L. R., his effects and any pay that may be due to him upto the date of discharge shall be forwarded to the Superintendent of the jail to be delivered to the sailor on the expiry of the period of imprisonment.

SFC 4] THE GAZETTE OF INDIA EXTRAORDINARY 59

121. Conviction of an officer by civil court. —(1), An officer who has

been found guilty by any civil court of an offence involving moral turpi- tude or is sentenced to imprisonment shall be liable to be discharged from service. In other cases of conviction by civil court, the Chief of the Naval Staff shall consider whether the offence renders his further retention in the service undesirable. Appropriate action shall be taken as provided in regulation 216.

(2) In all cases where an officer has been sentenced to imprisonment, his pay and allowances shall be withheld from the date of conviction until the decision of the Government is obtained--

(a) with regard to the retention in service or otherwise of the offi- cer in accordance with the provisions of regulation 216, and

(b) with regard to the pay and allowances, if any. to be allowed to him for the period during which such pay and allow- ances have been withheld.

122. Notice of Appeal.—When notice of appeal to a higher civil court is given, in the case of a sailor the Administrative Authority concerned shall give consideration to the suspension of the imposition of naval penal- ties pending the result of the appeal and in the case of an officer, the Cen- tral Government shall in each case, after taking into account the recom- mendations made by the Chief of the Naval Staff, consider whether further action required to be taken against the officer following his conviction in the lower court should be withheld until the result of the appeal is known

123. Copies of Judgment.—Whenever a person subject to Naval law has been tried by a civil court a copy of the judgment of the court will be supplied free of cost on an application by the Chief of the Naval Staff or Commanding Officer.

124. Debt Cases.—The Commanding Officer shall be justified, under subsection (1) of section 21 in not allowing any sailor belonging to his ship to be taken under any warrant, process, or writ of execution issued by any court or public servant for any debt or alleged debt.

125. Report of refusal to surrender. —Every case of refusal to surrender an officer or sailor to a warrant, summons, or other process, shall at once be reported fully to the Chief of the Naval Staff, with the grounds of such refusal and the offences with which the officer or sailor is charged on shore.

go T HE GAZETTE OF INDIA EXTRAORDINARY [PYRT IT-

126. Legal advice, engagement of counsel and defence of personnel in civil courts.--(i) The rules regarding the engagement and remuneration of counsel for the prosecution of offenders in a civil court and the defence of sailors charged with criminal offences shall be as detailed in Appendix II.

(21 When the defence of an officer is considered desirable the case shall be reported to the Chief of the Naval Staff for obtaining the orders of the Government thereon.

SECTION IV

DESERTERS AND ABSENTEES

127. Absentees.—Sailors who may have quitted their ships without leave, or have overstayed their leave, or have improperly absented them- selves when detached on duty, and who may be apprehended before the expiration of seven days, beyond the precincts of a dockyard or other Gov- ernment establishment in which they may have been employed, shall be treated either as absentees or as deserters, according to circumstances which are to be judged by their respective Commanding Officers.

128. Arrest by civil authority. —If an absentee without leave is arrested by the civil authority on another charge and is subsequently handed over to the naval authorities, his absence without leave shall be regarded as ceasing from the date of his arrest by the civil authority.

129. Deserters and absentees on sailing.—When any person, below the rank of an officer, belonging to a ship under sailing orders remains absent without leave, the Commanding Officer shall place the notation R.Q. against his name on the ship's books and shall furnish the Senior Naval Officer present, his Administrative Authority and the Chief of the Naval Staff with a list of any such absentees.

130. Removal of R.Q.—li any such absentee should return or be appre- hended and brought back after the ship has sailed, he may be—

(a) sent to his proper ship, or

(b) dealt with in the ship to which he is brought.

NOTF.- -Course (a) is preferable from the disciplinary point of view provided that it does not involve undue delay in the investigation of the case. If the sailor is convicted of desertion, the notation "R" shnll be substituted for the notation "R.Q." against his name in the books of thf

SLC. 4J THE GAZETTE Ol' 1INDI \ EXTRAORDINARY 61

ship from which he absented himself. If the intention to desert is not proved, the notation "R.Q." shall be removed. The officer who deals with the case summarily is responsible for seeing that the necessary action is taken in accordance with this regulation.

131. Disposal of effects.—Ihe clothes and effects of such absentees .shall be sent to Captain, Naval Barracks, Bombay or senior naval ollieer at the port before the ship sails.

132. When absentees to be marked 'Run.—(1) If any person absents himself from his duty without leave and fails to give a good and sufficient reason for his absence, he shall be checked accordingly on the ship's books on the day of his absence if his absence began before noon, and on the day following, if his absence began afternoon.

(2) Tf the absentee had not returned at the expiration of seven days, he shall, irrespective of the 12 o'clock rule for cheeking, be marked 'RUN'. The lettei 'R' shall be placed against his name on the ship's books on the day on which absence began, his pay terminating on and including thai date and he shall not be discharged from the ship's books until authority for his discharge is given by the c oramanding Officer of the ship.

(3) When an absentee is marked 'RUN', he shall not be entitled to receive the pay which has accrued to the date or his discharge, unless the court or officer by whom he is tried, or the Chief of the Naval Staff other - \ isc directs.

(4) When a sailor has been absent from his duty without leave for more than three months, the Commanding Officer may authorise his discharge rrom the ship's books, but no such authority for discharge from ship's books shall be given if there is reason to suspect that he may be required to answer charges other than desertion and it it is possible that he may be lequired to answer other charges, the circumstances shall be leported to the Chief of the Naval Staff and the absentee shall remain on the ship's books until the approval of the Chief of the Navdl Stall is obtained for his dis- charge therefrom.

133. Removal of 'R' by Commanding Officer.—( I) If the Commanding Officer is satisfied that there was no intention to desert, he shall remove the 'R' placed against the name of the absentee under Regulation 132 pio- vided the absentee has not been convicted summarily as a deserter, and cause payment to be made of the pay accrued, the case being reported to the Chief of the Naval Staff for information.

62 THE GAZETTE OF INnTA EX fkAORDlNARY [PART it

(2) Whenever persons are treated summarily as deserters, the letter 'R' shall be placed against their names on the ship's books.

134. Removal of 'R' by the Chief of the Naval Staff—(\) A sailor who has completed the following service with continuous "V.G." conduct may apply to his Commanding Officer for the removal of the letter 'R' from his record: —

(a) three years within 5 years of service after punishment for de- sertion;

(b) four years within nine years of service after punishment for desertion;

The periods of five and nine years shall be reckoned from the day after the completion of the sentence served for desertion, or. if the sentence has been suspended before committal, from the day after the award of the punishment.

(2) Tf the Commanding Officer considers the sailor's general behaviour to have been satisfactory and is able to recommend him for the conces- sion, he shall forward the application to the Chief of the Naval Staff for consideration along with the original Service Certificate and Advancement and Conduct Record Sheet of the sailor.

(3) Where a sailor has deserted more than once, an application under clause (a^, clause (b) or clause (c) of sub-regulation (1) may be made for the removal of the last 'R' and if this is approved, a sailor may begin to qualify for the removal of a previous 'R' under the same provisions, the period of five or nine years being reckoned from the date of removal of the last 'R' and similarly with any further notation of 'R'.

135. Desertion after re-engagement.—Whenever any person, who has previously deserted, is again convicted of desertion after he has re engaged to complete time for pension, the question of his retention in the Service shall be referred for the decision of the Chief of the Naval Staff as soon as the offender has been dealt with.

136, Forfeiture of medals on desertion.-—(1) When a sailor is dealt with summarily on a charge of desertion and is found guilty, a definite deci- sion shall be recorded as to the retention or forfeiture of gallantry medals or decorations, including decorations which have been gazetted but arc not yet in the sailor's possession,

SEC 4] THE GA7FTTE OF INDIA EXTRAORDINARY 63

(2) A forfeiture of campaign medals and commemorative medals shall not be remitted.

(3) When a sailor is convicted of desertion by court-martial, no mention shall be made of medals in the sentence unless the court remits the forfeiture in accordance with sub-regulations (5), (6) and (7).

(4) When the offence is desertion during hostilities, the naval tribunal trying the case shall not remit the forfeiture of decoration and medals but shall report to the Chief of the Naval Staff the forfeiture of any medal award- ed for gallantry or of any decoration. The L.S. & G.C. medal shall automa- tically be forfeited.

(5) When the offence of desertion has not been committed during hosti- lities, the naval tribunal shall remit the forfeiture of any decoration or medal awarded for gallantry, but shall not remit the forfeiture of campaign or com- memorative medals.

(6) Forfeiture of medals and decorations awarded for conspicuous ser- vice may be remitted at the discretion of the naval tribunal, but if the for- feiture is not so remitted a special report shall be made to the Chief of the Naval Staff.

(7) In respect of medals other than the L.S. & G.C./Meritorious Ser- vice Medal the decision as to forfeiture or retention shall be at the discretion of the naval tribunal but when the offence is tried summarily, forfeiture shall be subject to the approval of the Chief of the Naval Staff.

(8) Any remission or forfeiture which is not in accordance with the provisions of this regulation shall be reported to the Chief of the Naval Staff for obtaining the orders of the Government.

(9) A deserter who is not reclaimed shall be disqualified for the grant of any medal or decoration which is not already awarded for service prior to desertion, but shall not be disqualified tor any medal or decoration award- ed for gallantry unless the desertion is during hostilities.

(10) Forfeiture of badges, medals and decorations shall be indicated on the Service Certificate in the following manner.

(i) Badges.—The notation "Badge (or Badges) forfeited" shall be made after the last badge entry.

(ii) Medals and Decorations.—The relative entries shall be ruled through and notation "Forfeited" with the date of conviction,

l Uk GAZETTE OF J\1>IA EXTRAORDINARY [PART I I-

shall be inserlt-d below. Remission of forfeiture shall be in- dicated in the appropriate column as follows:—

"Forfeiture remitted".

(rii) I he notations shall be authenticated by the Commanding Officer.

137. Apprehension of deserters.- -(1) Every possible effort shall be made by lawful means to detect and apprehend deserters or absentees.

(2) The names and other descriptions of the deserters or absentees shall be distributed among such persons as may be directed by the Chief of the Naval Staff, but one copy of the samp shall invariably be sent by the Com- manding Officer to the police authorities of the deserter's or absentee's usual place of residence, when it is known, and also of any other place or places where he may likely to have gone.

(3) When deserters are apprehended or they voluntarily surrender after more than two years' absence from the Service, they shall not be removed from their place of confinement until the directions of the Chief of the Naval Staff have been obtained.

(4) Any person who volunturiK confesses to being a deserter or an absentee without leave from the Navy may, unless he surrenders himself into naval custody, either

(a) be charged before a magistrate

(b) be arrested on a warrant under section X3 of the Act and delivered direct into naval custody.

In eiiher case Ihe question whether such a person be or be not a deserter or absentee shall be duly investigated by the concerned naval authority and for that purpose such person maj be detained for a reasonable time.

(5) If upon investigation his confession of desertion or absence with- out leave is found not to be true, such a person shall not be punished under the Act.

13ft. Procedure on arrest.— (l\ The procedure to be followed in res- pect of the arrest and subsequent divpos.il of a deserter shall be governed by the provisions of ;< ction- ^4, 60 ind 549 of the Code of Criminal Pro- cedure, 1898 (.5 of 1898) and sections 83. 84 and 85 of the Act.

Srr, 4] T}IE GA7FTTF Ol INDIA EXTRAORDINARY

(2) If it becomes necessery for anv person to he sent to the hospital while in naval custody, the Commanding Officer shall inform the Command- ing Officer of the hospiial (.t 111e 'iiv.t that the person is under arrest and that he may not be surrcn-f' r*d "rd.." n^y civil [process except under the provisions of regulation 1J5.

139. When charged hrferc a magistrate.—Under the Code of Criminal Procedure, 1898 (5 of ISC,⁰ ), a person may be arrested without a warrant on . uspicion of being a d-&orter from the Indian Navy (section 54) and when he is so arrested, the police officer arresting him shall produce him before a magistrate.

140. When cinested by na\al van-ant.—Jf arrested on naval warrant under section 83, the deserter cv absentee mav be received into naval cus- tody, and dealt with under the Act but no deserter or absentee who has not been arrested under such warnnl shall be received from the Police or from any other person, unless such deserter or absentee has first been charged before a magistrate.

141. Voluntary surrender.—A deserter or absentee who voluntarily surrenders himself to navol authority may be dealt with under the Act, though no warrant ior his arrest may have been issued and without charg- ing him before a magistrate.

1 42 S u m m a ry inveslig

(2) Such statement, if made shall be signed by the offender and fully witnessed; and the accuracy cM any such statement shall be tested carefully before the investigation is closed

(3) The written nole of the investigation and the offender's statement shall be retained as enclosures to the punishment warrant.

143. Notice of recovery.—Whenever T deserter whose description has beon reported to the Police is recovered the fact of his recovery shall at once be communicated to the police bv the Commanding Officer of the ship in which the sailor is received for trial,

66 THE GAZETTE OF INDIA EXTRAORDINARY [PART I I-

144. Recovery of deserters from foreign ships.—The Commanding Officers of Indian Naval Ships shall be, cautious in receiving men from foreign vessels, who may represent themselves, or are reported to be deserters from the Indian Navy.

145. Searching foreign ships.—In no case shall an officer of the Indian Navy search any foreign ship for a naval deserter, whether such ship be in foreign waters or elsewhere, and whether the officer be armed or not with the warrant mentioned in section 83.

146. Rewards for apprehensions.—(1) Exceptional zeal or intelli- gence in effecting the arrest of a deserter or absentee, or in causing him to surrender, may be recognised by the payment of a reward the amount of which shall be determined having regard to the energy and intelligence shown, but such amount shall not exceed Rs. 5/- for the arrest of a sailor who has overstayed his leave, or for the arrest of a deserter, or of a sailor who has—

(a) broken out of his ship; or

(b) when on service away from his ship, quitted his place of duty and continued to be absent after the time at which he should have returned to the ship; or

(c) when his ship was under sailing orders, continued to be absent without leave after the ship had sailed, provided that the fact of the ship being under sailing orders was generally known.

(2) A reward shall not be offered beforehand, except in rare cases where the recovery of the deserter or absentee is of special importance for other reasons.

(3) No reward shall be paid for the apprehension of an officer.

(4) If the constable, or other person, bringing a deserter or absentee On board, should object to the Commanding Officer's award, the question shall be submitted to the Chief of the Naval Staff who shall forward it for a decision of the Government.

147. Charges against deserter.— (J) The amount of the reward and the cost of the deserter's or absentee's own railway fare or sea passage shall be the only charges that may be deducted towards his desertion expenses from his pay by the ship to which he is brought, whether the escort be naval, military, air force or police. Such reward and cost shall be shown separately in the appropriate column of the ledger, except when especially

SEC. 4] 1HE GAZhTIE OF INDIA EX L RAORDINARY 67

remitted by the Chief of the Naval Staff. The amounts chargeable in respect of railway warrants issued by the police in India, for the deserter's or absentee's own conveyance shall be communicated to the sailor's ship by the Controller of Defence Accounts (Navy).

(2) The amount charged against the offender's pay (or if this cannot definitely be ascertained, the approximate sum) shall be noted for informa- tion (but not as punishment) on the punishment warrant, and in the daily record of offences,

(3) The cost of telegrams sent concerning deserters or absentees shall not be charged against them.

'HE G A / L T lt Of INDIA liXTRAORDTNARY [PART I I-

CHAPTER V

COURTS MARTIAL

148. When application for court martial be made.—(1) The Com- manding Officer shall make an application for the trial of an offender by court martial in the following cases namely:—

(a) when an offence has been committed by a sailor which it is beyond his powers to try;

(b) when the Commanding Officer considers that an offence has been committed by a sailor which is beyond his powers to punish adequately:—•

(d) if the accused has exercised his option in accordance with these regulations to be tried by court martial;

(e) when so directed by his superior authority.

(2) If a Commanding Officer himself is to be tried, an application for trial shall be made by his superior authority.

(3) In the case of an officer serving in Naval Headquarters, the applica- tion for trial shall be made by an officer designated in this behalf by the Chief of the Naval Staff.

(4) In the case of an officer on the staff of an Administrative Authority, the application for trial shall be made by such officer as may be designated by the Administrative Authority,

(5) In the case of an officer serving in a naval establishment not com- missioned as a ship, the application for tria] shall be made by the head of that establishment, unless such establishment is under the command of a Commanding Officer of one of Indian Naval Ships.

(6) Where an officer other than a Commanding Officer is required to make an application for trial by court martial, references hereinafter to the Commanding Officer shall include references to such other officer.

149. Procedure for investigation and taking down summary of evid~ ence.—(1) Before a Commanding Officer proceeds to make an application for trial by court martial he shall either investigate the case himself or appoint a suitable person to investigate the case and to record a summary of evidence.

SJIC 4] IHF, GA/ETIE 01- INDIA EXTRAORDINARY 69

(2) The investigating officer shall take down in writing the evidence of any person whose evidence appears to be relevant and the evidence of each witness after it has been recorded shall be read over to him and shall be signed by him or if he cannot write, his name shall be attested by his mark and witnessed by the investigating officer as a token of the correctness of the evidence recorded,

(3) The evidence of the witness shall be recorded in the English langu- age and if the witness does not understand the English language, the state- ment as recorded shall be interpreted to him in the language which he under- stands, and a notation shall be made to that effect.

(4) If owing to the exigencies of service or on any other grounds in- cluding the expense and the loss of time involved the attendance of any wit- ness cannot in the opinion of the investigating officer be readily procured, some other officer may be directed by the Commanding Officer to take the evidence of the witness, or a written statement of the witness relating to the charge shall be obtained and such statement shall be included in the summary of evidence.

150. Summoning of Witnesses before Investigating Officer.—Any wit- ness whose attendance cannot otherwise be attained may be summoned in accordance with the provisions of regulation 233.

151. Statement of accused.—(1) When the investigating officer has completed recording the evidence he shall, if he himself is not the Com- manding Officer, forward it to the Commanding Officer.

(2) The Commanding Officer shall formulate the charges and he shall charge the accused with having committed the offences listed in the charge- sheet and the Commanding Officer shall thereupon caution the accused as follows:—

"Do you wish to make any statement? You are not obliged to sav anything unless you wish to do so but whatever you say will be taken down in writing and may be given as evidence,"

(3) Any statement made by the accused shall be taken down, read over to him and signed by him but he shall not be cross-examined upon it.

152. Remand of accused.—(1) The evidence recorded by the investi- gating officer and the statement of the accused, if any, hereinafter referred

70 THE GAZETTE OF INDIA EXTRAORDINARY [PAUT I I-

to as the "summary of evidence" shall be considered by the Commanding Officer who thereupon shall either—

(a) remand the accused for trial by a court martial, or

(b) refer the case to his superior authority for directions, or

(c) in the case of a sailor if it is within his jurisdiction to try the offences charged, then, unless he has received directions to the contrary from his superior authority, dispose of the case summarily.

(2) When the case is referred to a proper superior authority for direc- tions, such superior outhority shall give such directions as it considers ap- propriate, provided that where investigation has been carried out for the purpose of giving effect to any directions of any higher authority, the case shall be submitted to him.

(3) Where in accordance with the directions of a superior authority given under sub-regulation (2), the Commanding Officer has been directed to apply for trial by court martial the Commanding Officer shall remand the accused for trial by court martial.

(4) When the accused has been remanded for trial by court martial, the Commanding Officer shall proceed to make an application to the proper convening authority in the manner hereinafter provided.

153. Application for trial—Circumstantial Letter.—(1) An application for the trial by court martial of any person shall be made as follows:—

There shall be forwarded to the Convening authority through the usual channels a letter, hereinafter called the circumstantial letter, reporting the circumstances on which the charge or charges are founded in the order of their occurrence, and in sufficient detail to show the real nature and extent of the offence; when words constitute the substance of the offence, they are to be fully and exactly set out. The letter shall not refer in any way to the previous character, conduct or convictions of the accused, or contain any reference to facts prejudicial to him other than such as bear directly on the charges.

(2) When a charge is drawn under saction 55 the circumstantial letter shall contain specific details of every respect in which it is alleged that the accused was at fault.

(3) Any statement made by the accused in the course of enquiries or during an investigation or after he had been charged shall not be included in

SEC. 4] THE GA7ET1E OJ' 1\1HA EXTRAORDINARY yj

the circumstantial letter unless it constitutes an essential part of the alleged offence, such as in a charge of perjury and such statement shall be forward- ed as an annexure to the circumstantial letter in a separate document and reference shall be made in the circumstantial letter itself to the fact that such statement was made and to its inclusion in the annexure.

(4) If the Commanding Officer should desire to enter into further ex- planations as to his reasons for asking for a court martial which would ne- cessarily refer to the previous conduct or antecedents of the accused, he shall do so orally or by separate letter to the convening authority.

154. Documents to accompany circumstantial letter.—There shall also be forwarded at the same time as the circumstantial letter a further letter enclosing:—

(a) the charge sheet drawn in accordance with these regulations;

(b) a list of witnesses for the prosecution;

(d) a list of the exhibits which the prosecutor proposes to put in

evidence.

And when the offender is below the rank of an officer,

(e) a certified extract of all entries of offences and punishments in the Record of Offences Sheet prior to the date of the offence charged but subsequently to his joining his present ship, with his character assessed from the previous 31st December to the date of the offence with which he may be charged but excluding all consideration of that offence;

(f) a certified copy of the accused's certificate of service.

155. The Charge Sheet.—(1) The charge sheet shall contain the list of charges on which it is proposed to try the accused.

(2) Subject to the provisions of the Act, a charge sheet may contain one or more charges.

(3) Every charge sheet shall begin with the name and description of the person charged and state his rank or rating as the case may be, the official number if any and the ship to which he belongs.

(4) Each charge shall deal with a distinct offence and in no case shall an offence be described in the alternative in the same charge.

(5) Tf the law which creates the offence gives it any specific name, the offence may be described in the charge by that name only.

72 THE GAZETTE Ol' INDIA EXTRAORDINARY [PAKT I I-

(6) Tf the law which creates an offence does not give it any specific name, so much of the definition of the offence must be stated so as to give the accused notice of the matter with which he is charged.

(7) The law and the section of the law against which an offence is said to have been committed shall be mentioned in the charge.

(8) The fact that the charge is made is equivalent to a statement that every legal condition required by law to constitute the offence charged with is fulfilled in the particular case.

(9) The charge shall contain such particulars as to time and place of the alleged offence and of the person, if any, against whom or the thing, if any, in respect of which it was committed, as are reasonably sufficient to give the accused notice of the matter with which he is charged.

(10) When the nature of the case is such that the particulars mentioned in the foregoing sub-regulation do not give the accused sufficient notice of the matter with which he is charged, the charge shall also contain such par- ticulars of the manner in which the alleged offence was committed as will be sufficient for that purpose, unless such particulars are stated in the cir- cumstantial letter.

(11) When the accused is charged with criminal breach of trust or dis- honest misappropriation of money or stores, it shall be sufficient to specify the gross sum or the aggregate of all items of stores in respect of which the offence is alleged to have been committed, and the dates between which the offence is alleged to have been comjnitted without specifying particular items or exact dates, and the charge so framed shall be deemed to be a charge for one offence, provided that the time included between the first and last of such dates shall not exceed one year.

(12) Where an accused person is believed to have committed an offence of being absent without leave in addition to some other offences, a charge of absence without leave shall also be included in the charge sheet in order that the court may have the power to sentence the accused to mulcts of pay and allowances.

(13) Where it is intended to prove any facts in respect of which any mulcts of pay and allowances may be awarded to make good any proved loss or damage occasioned by the offence charged, the charge shall contain particulars of these facts and the sum of the loss or damage it is intended to charge.

SFG. i] THE GAZETIE OF INDIA EXTRAORDINARY y.

(14) In every charge, words used in describing an offence shall be deemed to have been used in the sense attached to them respectively by the law under which such offence is punishable.

(15) A charge sheet shall be in the prescribed form or in a form as near thereto as circumstances admit.

DUTIES OF CONVENING AUTHORITY

156. Examination of charges and evidence.—(1) When the convening authority has received the circumstantial letter and other documents herein- before referred to, he shall, before he orders a court martial to assemble, satisfy himself that the charges are correct and sufficient and that they are properly framed and carefully drawn up.

(2) The convening authority shall not convene a court martial unless he has satisfied himself that the evidence if uncontradicted or unexplained will probably suffice to ensure a conviction.

157. Amendment of charges by convening authority,—(I) T he c o n- vening authority may amend the charges submitted to him and thereupon a fresh charge sheet shall be drawn up and signed by the convening autho- rity and the charge sheet so amended shall stand substituted for the original charge sheet.

(2) Where the charge sheet has not been amended, it shall be counter- signed by the convening authority.

158. Amendment of Circumstantial letter.—-The convening authority may make such amendments in the circumstantial letter as may appear to be necessary on the basis of the charges framed and the summary of evi- dence and the circumstantial letter as finally approved shall be signed by the convening authority to indicate his approval.

159. Convening of Court Martial—(1) When the convening autho- rity is satisfied that all the documents are in order and that a court martial ought to be convened, he shall issue a warrant in the prescribed form toge- ther with a copy of the charge sheet to the officer nominated by him as pre- sident of the court martial directing him to assemble a court martial at the place and on the date mentioned in the warrant.

(2) The circumstantial letter shall not be communicated to the pre- sident or to the other members of the court until the court assembles and is duly sworn.

74 THE GAZETTE Of INDIA EXTRAORDINARY [PART I I-

(3) The summary of evidence shall on no account be given to the pre- sident or the other members of the court at any stage of the proceedings.

160. Selection of President.—Should the rank of the person to be tried, or the character of the offence charged, be such as to require that the court should be composed of officers of standing and experience, the convening authority shall take care to select as president an officer of such seniority as may ensure the attendance of the officers of the highest rank who may be present at the place where the court martial may be ordered to assemble; but should the nature of the offence be such as may be properly dealt with by officers of less experience, he may select any eligible officer to preside whom he may consider most desirable, with reference to the convenience of the Service.

161. Appointment of the trial judge advocate.—(1) Where a judge advocate in the department of the Judge Advocate General of the Navy is on the staff of convening authority, that judge advocate shall ordinarily be the trial judge advocate for all courts martial convened by the convening authority.

(2) When there are two or more judge advocates on the staff, the con- vening authority shall select one of them in consultation with the senior judge advocate.

(3) Where a convening authority docs not have a judge advocate in the department of the Judge Advocate General of the Navy on his staff, he shall ordinarily make a request for the services of a judge advocate being made available and where a judge advocate has been so nominated in this behalf, he shall be the trial judge advocate at the court martial to be con- vened.

(4) If the services of a judge advocate in the department of the Judge Advocate General of the Navy are not available, the convening authority may appoint any fit person as the trial judge advocate:

Provided that in the case of a court martial for the trial of a capital offence, reference shall be made to the Judge Advocate General of the Navy to nominate a trial judge advocate;

Provided further that if such trial is held outside the Indian waters, the convening authority shall obtain the directions of the Chief of the Naval Staff.

SEC. 4J t HE GAZElTdi OF INDIA t MRAOKDINAkY yvj

(5) Where the trial judge advocate is a judge advocate in the depart- ment of the Judge Advocate General of the Navy, it shall not be necessary to issue to him any special warrant to act.

(6) A trial judge advocate who is not a judge advocate in the depart- ment of the Judge Advocate General of the Navy, shall be appointed by warrant in the prescribed form.

162. Notice of trial to trial judge advocate.-—-The convening authority shall transmit to the trial judge advocate a copy of the warrant issued to the president of the court martial together with the original and sufficient copies of the circumstantial letter and documents mentioned in regulation 154 to enable the trial judge advocate to give them to each accused.

163. Appointment of prosecutor.—(1) The convening authority shall by warrant under his hand in the prescribed form, appoint a suitable person to prosecute and notify such appointment to the trial judge advocate.

(2) Where an officer is appointed as prosecutor, it shall be his duty to obtain from the convening authority such papers as may be necessary for the purpose of the prosecution.

(3) Where a counsel is appointed to conduct the prosecution there shall also be appointed, at the same time, an officer to assist him, in which case, it shall be the duty of that officer to obtain from the convening authority such papers as may be necessary.

(4) A counsel shall not be engaged for conducting the prosecution at

courts-martial without the prior approval of the Chief of the Naval Staff.

(5) The recommendation for engagement of counsel shall not be made unless the convening authority is satisfied that it is essential in the interests of adequate prosecution and when approval of the Chief of Naval Staff is given, the counsel shall be engaged in consultation with the Judge Advocate General of the Navy and fees shall be fixed in consultation with him, sub- ject to any restrictions regarding the maximum amount payable to counsel as may be laid down by the Government from time to time.

164. Appointment of Provost Marshal.—-The convening authority, or such officer as he may direct, shall by warrant under his hand in the pres- cribed form appoint a provost marshal to take the accused into his custody and safely keep him until he shall be delivered in due course of law.

165. Appointment of officer of the court.—The convening authority shall also by warrant under his hand in the prescribed form, appoint an

76 THE GAZE! IE OF INDIA EXTRAORDINARY [PART M-

officcr of the court to perform the duties mentioned in regulation 166 and such other duties as he may be directed by the president of the court martial or the trial judge advocate to perform for the due transaction of the admini- strative business of the court.

166. Duties of the officer of the court.—The officer of the court ap- pointed under regulation 165 shall perform the following duties namely:—

(a) He shall serve the accused with a notice of trial issued by^the trial judge advocate and other papers and shall obtain his signature.

(b) He shall serve the prosecutor with the papers ordered to be delivered by the trial judge advocate.

(d) He shall be responsible for making due arrangements for the sitting of the court under the directions of the trial judge ad- vocate and shall obtain from the proper source the furniture and fittings and supply stationery required for use of the court.

(e) He shall muster the witnesses outside the court room and as soon as the court is assembled, he shall report to the presi- dent that they are in attendance.

(f) When so directed by the president, he shall cause the accused to be brought in and to admit the prosecutor and audience.

(g) He shall ensure that no witness enters the court unless called to give evidence, except by the permission of the court,

(h) He shall ensure that each witness leaves the court as soon as he has been examined and is not allowed to communicate with those witnesses who have yet to give evidence.

(i) He-shall ensure that no witness duly summoned leaves the vici- nity of the court.

(j) When the court is cleared for deliberations, he shall enusre that no one is allowed to remain within the court's vicinity.

167. General notice of court martial.—-(1) Whenever a court martial is ordered such timely notice as may be practicable and which, as a general rule, shall not be less than ninety-six hours, or on active service, not less than twenty-four hours, shall be given by general orders or by signal to the

SEC. 4] THE GXZEI'IE OF INDIA 1- \ IRAORDINARY 77

ships present so that the proper officers may be prepared to attend at the place and hour appointed.

(2) The names of the president and of the officers whose presence it is anticipated will be required shall be made known and after it is made known, no officer Junior to the president of a rank eligible to sit as a mem- ber shall proceed on leave of absence without the express authority of the convening authority or in his absence from the place where the court martial is to be held, of the senior naval officer present.

168. Transmission to president of list of officers eligible to sit on court martial-—(1) As soon as practicable but not later than the morning of the day appointed for the court martial, the convening authority, or in his ab- sence from the place where the court martial is to be held, the senior naval officer present shall send to the president a list of the officers who are eligi- ble and may be required to sit as members notifying if there be any whose attendance is not attainable on ground of sickness or as being exempted on ground of urgent public duty.

(2) Such list shall also give the names of the officers absent on leave.

DUTIES OF TRIAL JUDGE ADVOCATE

169. Notice of trial to the accused.—(1) The trial judge advocate shall:—

Ca) give timely notice to the accused of the time and date of the trial;

(b) cause the accused to be furnished with copies of the charge sheet, the circumstantial letter, the summary of evidence and the list of exhibits proposed to be exhibited at the trial by the prosecution;

(c) inform the accused that any witness whom he may desire to call and whose attendance can reasonably be procured shall be summoned on his behalf;

(d) inform the accused that he may, if he so desires and if he makes an application in writing, give evidence on his own behalf.

(2) The notice to the accused shall be in the prescribed form.

170. Notice to prosecutor.—The trial iudge advocate shall inform the prosecutor of the time and date of the court martial issuing him with a no- tice in the prescribed form and request the prosecutor to forward to him cer- tified copies of the documents mentioned in section 119<

y8 THE GAZKFTE OF INUTA EXTRAORDINARY [PAHT Jl~

171. Attendance of witnesses.—The trial judge advocate shall take ne- cessary steps to procure the attendance of witnesses whom the prosecutor or the accused may desire to call and whose attendance can reasonably be pro- cured, serving them with summons in the prescribed form.

PREPARATION OF DEFENCE BY THE ACCUSED

172. Rights of accused to prepare defence.—-(1) An accused for whose trial an application has been made, shall be afforded as full an opportunity as is consistent with the exigencies of the service for preparing his defence.

(2) Any correspondence between the accused and his legal advisers shall not be liable to be censored, and the accused shall inform the Com- manding Officer of the names of such persons and shall also inform him of any distinctive marks that such correspondence will bear.

(3) The accused shall have the right to interview any witness whom he may wish to call in his defence.

(4) If the accused so desires, the Commanding Officer of the accused shall take such steps as the circumstances of the case permit to obtain a written statement in a closed envelope from a witness whom the accused may wish to call in his defence and such statement shall be given to the accused unopened.

(5) If the accused gives to his Commanding Officer the name of any person whom he wishes to call in his defence, no person shall interview such witness with reference to the charges against the accused except in the pre- sence of the accused, unless the accused agrees to dispense with his presence in writing and if the accused wishes to interview a witness whom the prose- cutor intends to call, the interview shall be in the presence of an officer de- tailed by the Commanding Officer of the accused person.

173. Defence officer and defence counsel.—(1) Except where the ac- cused defends himself, he may be defended by an officer who shall be called the defending officer or counsel who is properly qualified who shall be called the defence counsel.

(2) A counsel shall be deemed to be properlv qualified, if he is an ad- vocate within the meaning of the Advocates Act, 1961 (25 of 1961).

(3") The accused may request and shall be afforded at the earliest op- portunity the assistance of anv officer in his ship whose assistance is reason- ably available and in case the accused is unable to obtain such assistance and he desires to have a defending officer assigned to represent him, tliq convening authority shall appoint a suitable officer,

SW 4] THE G\ZE1 * OF INDIA EX 1RAORDTNARY 79

DUTIES OF THE PRESIDENT

174. Summoning of member',—-(1) The president shall by signal summon the officers junior to himself present at the place where the court martial shall be held to sit thereon which signal shall be deemed to be a compliance with sub-section (19) of section 97.

(2) When issuing the signal, provision shall be made for the attendance of spare members who would be eligible to sit if any objection to a member of the court is allowed.

175. Responsibilities for conduct of court—The president shall be res- ponsible together with the trial judge advocate for ensuring that the trial is conducted in accordance with, the provisions of the Act and these regula- tions and that the customary ccrmonial set forth in Appendix III is observed.

176 Order in which members shall sit.—-(1) Officers whose duty it may be to attend as members of court-martial shall sit only in the confirmed rank they hold; but Commodores when not acting in conjunction with se- nior Captains shall sit as Comtmodores, otherwise as Captains only.

(2) The members of the court shall sit in order of seniority, the officer nc\t senior to the president sitting on his right, the next senior on his left and so on.

177 When accused pleads guilty —When the court accepts a plea of guilty and there are no other charges to be tried, the court shall, before it proceeds to pass sentence, call upon the prosecutor to read the circumstan- tial letter.

PROVISIONS CONCERNING PROCEDURE

178. Provisions as to witnesses for the prosecution and the defence.-—(1) The prosecutor shall not be bound to call al] the witnesses whose names are in the list given to the accused, but he shall call such of them as the accused may desire to be called in order that the accused may cross-examine them if he wishes to do so and such witnesses shall be called before the prosecution is finally closed

(2) The accused shall not be required to give to the prosecutor or the court a list of witnesses whom he intends to call, but should he desire assis- tance in the matter of securing the attendance of witnesses, he shall inform the trial judge advocate in the prescribed form.

(3) The prosecutor is a competent witness,

go THE GAZETTE OF INDIA EXTRAORDINARY [PART I I-

(4) A member of the court, whether previously objected to or not by either side, shall not be disqualified from being examined as a witness should it be found in the course of the proceedings that he may give material evidence, but thereafter he shall be disqualified from acting as a member of the court, unless his evidence has been given after conviction, and has been directed to the good character of the accused.

(5) When the accused is called on for his defence, he shall, on his application, be granted a reasonable time for the preparation of the same whereupon the court shall adjourn and may adjourn again from time to time on the application of the accused, if he shall satisfy the court that the time granted to him has not been sufficient for the due preparation of his defence.

179. Mode of questioning witness-—(1) Every question shall be put to a witness orally and the witness shall forthwith reply, unless an objection is made, in which case he shall not reply to the court until the objection is decided by the trial judge advocate.

(2) The evidence of a witness as taken down shall be read to him if he so requests before he leaves the court, and shall, if necessary, be corrected and if he makes any explanation or correction, the prosecutor and the defence may respectively examine him regarding the same.

(3) If the witness denies the correctness of any part of the evidence when the same is read over to him, the trial judge advocate may, instead of correcting the evidence, record the objection made by the witness.

f4) If the evidence is not given in English and the witness does not understand that language, the evidence as recorded shall be interpreted to him in the language in which it was given, or in a language which he under- stands if he so requests before he leaves the court.

(5) On application of the accused the court shall allow his cross- examination of a witness to be postponed, unless it appears that the request has been made for¹ the purpose of obstruction.

180. Questions to witness by court or judge advocate.—The president, the trial judge advocate, or with the permission of the president, any mem- ber of the court may address a question to a witness while such witness is giving his original evidence and before he withdraws.

181. Recalling of witnesses and calling of witnesses in reply.—(1) Without prejudice to the provisions of section 137, the trial judge advocate, if he considers it expedient, in the interests of justice, so to do, allow a witness to be called or recalled by the prosecutor, before the closing

SEC. 4J T l l£ GAZETTE OF fNf)IA EXTRAORDINARY gl

address of or on behalf of the accused, for the purpose of rebutting any material statement made by a witness for the defence or for the purpose of giving evidence on any new matter which the prosecutor could not reasonably have foreseen,

(2) Where the accused has called witnesses to character, the prose- cutor^ before the closing address of or on behalf of the accused, may call or recall witnesses for the purpose of proving a previous conviction or entries in the defaulters' book against the accused.

182. Amendment of charges during the trial-—(1) If at any time in the course of the trial after the court has been sworn and before the finding, the trial judge advocate is satisfied that there is a variance in unessential details between the charge or charges and the evidence adduced in support thereof, the trial judge advocate may amend the charge or charges accord- ingly provided that—

(a) no evidence which could not have been given in support of the original charge shall be given in support of the substi- tuted charge;

(b) the accused shall not be substantially prejudiced by the making of such amendment in the conduct of his defence; and

(c) the court shall, if so requested by the accused, adjourn for a reasonable time to enable him to meet the charge or charges as so amended.

(2) All such amendments shall be noted in the minutes at the point at which such amendments shall be made, and shall be verified on the original documents by the signature of the trial judge advocate.

EVIDENCE ON NAVIGATIONAL MATTERS

183. Documents to be made available in navigational cases.—(1) At all trials at which evidence is to be given on the navigation of one of Indian Naval Ships or vessels the prosecutor on opening his case shall lay before the court such of the following documents as exist and apply to the case namely:—

(a) the ship's log;

(b) the rough and fair engine room registers;

(d) the chart or charts and sailine directions bv which the shk> was navigated;

&2 T HE GAZETTE OF INDIA EXTRAORDINARY [ K RT 1 1-

(e) the last table of compass deviations;

(f) the navigational data book and the gyro-compass log;

(g) the Captain's night order book; and

(h) the Navigating Officer's note book and work book.

(2) After the prosecutor has opened his case, the president shall, unless he considers the circumstances so exceptional that such procedure would be a waste of time, order the documents referred to in sub-regulation (1) to be handed to one or more Navigation Direction or other competent officers who shall work up the ship's reckoning throughout the material time; the result, together with such other details as may be required, being delivered to the court in the prescribed form completed in all relevant respects and attested by the signature of the officer or officers so directed, and such officer¹ or officers shall be sworn and be subject to cross-examina- tion by both prosecution and defence as to its accuracy.

(3) The president shall endorse such report as approved, if the court concurs, and if not, an expression of its dissent shall be added, signed by the president, showing in what respects and for what reasons it dissents.

(4) With the said report such officer or officers shall also deliver to the court a copy or tracing of the chart by which the ship was navigated on which the positions of the ship so determined have been laid off, and also the determined position when ashore or in danger, as noted in the log book.

(5) The rate and direction of the current and of the tidal stream and the state of the tide should also, if possible, be ascertained, stated, and verified on oath.

(6) The report in the prescribed form and the prepared chart, as well as an attested copy of the ship's log book and the engine rtxmi register or of the control room log, commencing from at least 48 hours before the ship took the ground or was endangered, if so long from a known anchorage, shall accompany the minutes.

(7) At trials at which evidence may be required on the navigation of an aircraft such documents as exist and may be available to serve a similar purpose to those set out in sub-regulation (1) shall be made available by the Commanding Officer of the aircraft and the court may follow, with such variation as may be necessary or desirable, the procedure prescribed in this regulation.

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184. Absence of documents-—-(1) Should the absence of any of the documents mentioned in regulation 183 be likely to render it difficult for the officers mentioned therein to complete their task to the satisfaction of the court, it shall be permissible for the prosecution to call an expert witness (if possible a qualified Navigation Direction Officer) to assist the court.

(2) Such a witness shall not be called under regulation 183 and shall, with the permission of the court, be present to hear the evidence and shall then lay out the resulting courses on the chart.

(3) Such witness shall be subject to unrestricted cross-examination.

185. Navigation Direction Officers-—examination and cross-examina- tion.—(1) The examination and cross-examination of the officer or officers who have been directed to perform the duty mentioned in regulation 183 shall be limited to ascertaining the accuracy or inaccuracy of the docu- ment laid before the court.

(2) Notwithstanding anything contained in sub-regulation (1), if no other navigational experts arc reasonably available and it is desired to have further evidence from such officer or officers, the court may recall such officer or officers and permit him or them to be questioned on other naviga- tional matters by both the prosecution and the defence.

186. E v i d e n ce of negligence n ot alleged in c i r c u m s t a n t i al l e t t e r . — ( 1) If the court, at any time during the trial, considers that the accused has been negligent in any way not specifically detailed in the circumstantial letter or the charges, the court shall formulate a fresh allegation against the accused, inform the accused about the allegation and invite him to deal with the fresh allegation in his defence, adjourning if necessary to give him time to meet it.

(2) Any witness for whom the accused asks shall, if practicable, be called or recalled and if he is a prosecution witness, he shall be cross- examined by the defence and re-examined by the prosecutor and if he is a defence witness, he shall be examined by the defence, cross-examined by the prosecutor and re-examined by the defending officer.

(3) If the charge is found proved, any such additional heading indi- cating a form of negligence, if finally established to the satisfaction of the court, shall be included in the finding.

187. Period of sitting.—Ordinarily the court martial shall sit five hours a day and its sittings shall not be protracted without specific reasuus.

84 THE GAZETTE OF INDIA EXTRAORDINARY [PART I I-

188. Ascertaining the opinion of the court.—In ascertaining the opinion of the court in accordance with section 124, the votes of members of the court shall be taken in succession beginning with the member lowest in rank.

189. Supply of copies of evidence to prosecution and defence.—The evidence given at the court martial on each day shall be transcribed as soon as possible and copies thereof shall be supplied to the prosecutor and the defence.

190. The minutes of proceedings.—(1) The proceedings of the court martial shall be recorded as far as possible in the prescribed form.

(2) The questions and answers shall be recorded verbatim and serially numbeied throughout and all exhibits shall be fastened, together in the order in which they were produced in the court, and a list shall be made thereof showing the precise question and answer at which the document was exhibited.

(3) The records referred to in sub-regulation (2) shall be accom- panied by an index of questions put to each witness and the pages of the minutes shall be serially numbered.

(4) Whenever a question proposed to be asked by either party is objected to by the other party, the trial judge advocate shall decide whether the question is to be admitted or not and the fact of the objection having been made, the ground thereof and the decision of the trial judge advocate shall be recorded in the minutes, if the trial judge advocate or either of the parties so desires.

191. Responsibility of trial fudge advocate for preparing minutes.—(1) The trial judge advocate shall be responsible for ensuring that the minutes are duly recorded and prepared.

(2) The transcript made by the shorthand writer shall be made under the directions of the trial judge advocate and both the shorthand writer and the trial judge advocate shall certify that the transcript is a faithful record of the proceedings.

192. Number of copies.—(1) In addition to the original proceedings, there shall be made sufficient copies lo enable one to be sent to the con- vening authority and one supplied to each of the accused in the event of an application being made therefor pursuant to section 129.

SFr.4] T HE GA7KT F <)I INDIA FX I RAORIMNARY 85

(2) The trial judge advocate shall transmit the original proceedings directly to the Judge Advocate General of the Navy and shall submit a copy thereof to the convening authority.

(3) Where an officer produces certificate or other documents of character under the provisions of section 1 19f 1) (a) (hi), a certificate 'hall be extracted on the presenbed form and it shall not be necessary to exhibit the original certificates unless it is otherwise decided by the trial judge advocate.

193. Report by President of court-martial to convening authority — ( 1) As soon as the court has been dissolved, the president shall inform the con- vening authority or the senior naval officer present the finding and the sentence of the court-martial.

(2) If the court desiies to draw attention to the conduct or manner of giving evidence of any witness, an entry regarding such conduct or manner may be made in its proceedings, after the sentence and, except in cases where such witness is also sentenced under section 139 or section 140, such entry shall not form part of its proceedings.

(3) All other representations which the court may desire to make with reference to matters arising out of the court-martial shall be made the sub ject of a separate letter signed b\ the president before the court has been dissolved, and shall not form part of the recorded proceedings of the court.

194. Execution of Sentence.—•( 1 ) Tl shall be the responsibility of the

convening authority to take necessary steps to give effect to the sentence.

(2) The convening authority shall not give effect to a sentence, if he considers that an error has occurred in the conduct of the court-martial calculated, in his opinion, to invalidate the finding of the court-martial and if he doubts the correctness of the finding in fact or in law or the legalitv or the propriety of the sentence, he shall not put the sentence into effect until a decision has been obtained from the Chief of the Naval Staff.

(3) Where an officer is sentenced to imprisonment, the convening authority shall not put the sentence into effect until he has communicated with and received the directions of the Chief of the Naval Staff.

195. Custody until commitment.-—A person sentenced to imprisonment or detention may be detained in naval custodv until he has been committed to prison or detention quarters or until other orders have been r^cei^ed from the proper superior authority.

86 THE GAZETTE OF INDIA EXTRAORDINARY [PAKT I I-

CHAiPTER VI

DISCIPLINARY COURTS

^96. Subject to the provisions of section 96, the procedure and practice of courts-martial provided by the Act or by these regulations shall apply to the procedure and practice of disciplinary courts subject to the f< 'if-ving modifications namely:—

;'a) such of the provisions as arc inconsistent with sub-sections (1) to (4) of section 96 shall not apply;

fbj section 122 shall apply as if for the word "four", the word "two" were substituted in the first proviso to sub-section (2);

(€) section 123 shall apply as if for clause (a) thereof, the follow- ing clause was substituted:—

"(ft) Where the number of members comprising the court is after the commencement of a trial reduced below two";

(d) The provisions relating to the award of punishments not within the jurisdiction of a disciplinary court shall not apply.

Src. 4] THK GAZETTE OV I \ D! \ EXTRAORDINARY 87

CHAPTER ViT

BOARDS OF INQUIRY

197. Convening of Boards uf Inquiry,—(J) A b o a rd of i n q u i ry m ay

be convened by the Chief of the Naval Staff or any Administrative Authority, or when two or more ships are in company, by the senior naval officer present, whenever any matter arises upon which he requires to be thoroughly informed.

(2) An Administrative Authority or the senior naval officer present shall convene a board of inquiry when so directed by superior authority or when so required by any regulations, Government instructions or Navy Orders.

198. Constitution of Board of Inquiry.—(1) The Board may consist of any number of officers including officers of the Army or the Air Force or civilian gazetted officers.

(2) Army and Air Force officers and civilian gazetted officers, unless they are under the administrative control of the convening authority, shall be appointed only after the concurrence of the appropriate authority superior to the individuals to be appointed.

(3) As far as practicable, the president and the members shall be senior or relatively senior to the person whose conduct is under inquiry and persons whose evidence may be required by the Board shall not be nominated as members,

(4) Tn selecting members, the convening authority shall have regard to the possibilitv that a person who has sat on a Board of inquiry may, if other- wise qualified to sit on a court-martial upon the same subject matter, be objected to and that such objection may be allowed by the court.

199. President of the Board.—The convening authority may appoint

any suitable person to be the president of the Board.

200. Duties of the Board.—(1) The Board shall perform such duties

as may be directed by the authority convening the Board.

(2) Such directions shall always be made in writine and may in cases

of urgency be conveyed by signal and when a Board is convened by an • Administrative Authority or senior naval officer present, shall conform to anv general directions given in any Navy Orders.

(3) Every order convening the Board shall be in the prescribed form or as near thereto as circumstances permit and where directions are given

88 THE GAZETTE Ol' INDIA EXTRAORDINARY [PART I I-

by signal, it shall be sufficient to make reference to the said form, in respect of the general directions contained therein, further directions being added as necessary.

(4) A Board may be required to collect evidence only, without being required to give any opinion or the Board may be required to report fully with regard to any matter which may be referred to it and to make recom- mendations.

(5) The convening authority shall, when the Board is held on a returned prisoner of war or on a prisoner of war who is still absent, direct the Board to record its opinion whether the person concerned was taken prisoner through his own wilful neglect of duly, or whether he served with or under, or aided the enemy; he shall also direct the Board to record its opinion in the case of a returned prisoner of war, whether he returned as soon as possible to the service and in the case of a prisoner of war still absent whether he failed to return to the service when it was possible for him to do so.

201. Members of the Board not to be sworn or affirmed.—-Members of the Board shall not be sworn or affirmed, but when the Board is on recovered prisoners of. war, the members shall make the following declaration:—

"I, •— do declare upon my honour that I will July and impartially inquire into and give my opinion as to the circumstances in which — became a prisoner of war, according to the true spirit and meaning of the regu- lations for the Navy".

202. Procedure.—(\) The Board shall be guided by the provisions of these regulations and also by the Navy Orders in force for the time being and the written instructions of the convening authority provided that the Navy Orders and the written instructions are not inconsistent with any- thing contained in these regulations.

(2) The Board may put such questions to a witness as it thinks desir- able for testing the truih or accuracy of any evidence he has given and otherwise for eliciting the truth.

203. Examination of witnesses.—{1) Before examination, every wit- ness shall be informed in the following terms which shall be recorded in the minutes:-—

"You are privileged to refuse to answer any question, the answer to which may tend to expose you to any penalty or for- feiture. It will be for you to raise the objection and for

SEC 1] THE GAZETTE OF INDH EXTRAORDINARY 89

the board to decide whether you must answer the question or not."

(2) No one charged wtth any oflence shall be bound to make any state-

ment or answer any questions.

(5) The Board may be re-assembled as often and with such changes in its composition as the convening authority may direct, tor the purpose ot e

(4) A Board shall, unless otherwise ordered, sit with closed doors.

(5) Except where a Board is ordered to inquire into the propriety of

a punishment of disrating awarded to a Chief Petty Officer or Petty Officer, in a case where such Chief Petty Officer or Petty Officer had elected trial by court-martial and due to the exigencies of the service, the Commanding OJhccr had exercised his powers under the regulations nevertheless to try the Chief Petty Officer or Petty Officer as the case may be summarily, no poison shall be present in the character of a prosecutor nor any friend or professional adviser be allowed to assist any person concerned in the inquiry.

(6) if the inquiry should have reference to the loss or hazaiding a ship, the course directed by regulation 183 shall be adopted mutatis mutandis.

204 Summoning of Witnesses—Any witness whose attendance can- not otheiwisc be attained may be summoned in accordance with the pro- visions of legulalion 233.

205 Procedure when character or conduct of a person in Government

sen tee is involved.—(1 ) Save in the case of a prisoner of war who is still absent, whenever any inquiry alleUs the character or lepuiation of a person in Government service OT may result in the imputation of liability or responsibility tor any loss or damage or is made tor the contravention of any regulations or general or local orders, full opportunity shall be afforded to such person of being present throughout the inquiry and of making any statement and ot giving any evidence he may wish to make or give and of cross-examining any witness whose evidence in his opinion affects him and producing any witness in his defence.

(2) The President of the Board shall take such steps as may be neces- sary to ensure that any such person so affected and not previously notified, receives notice of and fully understands, his rights under this regulation.

go THE GAZETTE OF INDIA EXTRAORDINARY [PART H-

206. Evidence when to be taken on oath or affirmation.—(1) Evi- dence shall be recorded on oath or affirmation when a Board is assembled—

(a) on a prisoner of war, or

(b) in any other case when so directed by the convening authority.

(2) \n such cases the Board shall administer an oath or affirmation to witnesses in the following form:—

"I do swear in the name of God that the evidence

solemnly airirm

which 1 shall give before this board shall be the truth, the whole truth and nothing but the truth."

207. Proceedings of hoard not admissible in evidence.—The pro- ceedings of a board or any confession, statement or answer to a question made or given before a board shall not be admissible in evidence against a person subject to naval law or subject to the laws relating to the govern- ment oi the regular Army or Air Force nor shall any evidence respecting the proceedings of the board be given against any such person except upon the trial of such person tor wilfully giving false evidence before the board, provided that nothing in this regulation shall prevent the proceedings from being used for the purpose of cross-examining any witness.

208. Minutes of proceedings.—(1) Subject to the provisions of these regulations, the proceedings of every board shall be recorded and prepared in accordance with any directions contained in the Navy Orders in force for the time being and any instructions given by the convening authority.

(2) The minutes of such proceedings shall contain a verbatim report of all the evidence given and all questions and answers shall be numbered !n one series throughout the minutes.

(3) In making up the record of the minutes the sheets shall be securely fastened and numbered consecutively.

(4) A list of the witnesses giving the serial number of questions put to each and a list of the exhibits shall be attached to the proceedings.

(5) All documentary exhibits shall be placed in the order in which such documents are produced at the inquiry and shall be numbered conse- cutively and attached to the proceedings, the minutes of which shall be forwarded together with all enclosures to the convening authority in the prescribed form.

SFC. -tj THE GA/E11E OI' JNDiA EX1RAORU1NARY 91

(6) The written order convening the board shall be returned to the convening officer with the minutes of the proceedings and shall form a part of the record.

(7) The convening authority -shall, having regard to the fact that copies may have to be supplied to persons concerned in the result of the inquiry, should the proceedings be followed by a court-martial arising out of the s.une subject matter, give directions as to the number of copies of the proceedings which are required and it shall be the duty of the presi- dent of the Doard to see that enough copies of all exhibts are made, one copy to go v,ith such set of papers.

(8) The minutes shall be signed by all the members of the board and if a difference of opinion among the members arises then the board is required to make a report or give its findings the grounds of such difference shall be stated fully.

(9) The convening authority bhall submit all proceedings of the iroard to the Chief of the Naval Staff together with his comments and his con- clusions on the matter inquired into:

Provided that nothing in this regulation shall be construed as debarring the convening authority from taking appropriate action with his jurisdiction.

209- Right of certain persons to copies of proceedings.—The following persons shall be entitled to a copy of the proceedings of a board not including any report made by the board:—

(a) Any person subject to naval law who is tried by a court- martial in respect of any matter or thing which has been reported on by a board; or

(b) Any person in Government service whose character, conduct or reputation is, in the opinion of the Chief of the Naval Staff, affected by anything in the evidence before or in the report of a board, unless the Chief of the Naval StafI sees reason to order otherwise.

92 JrHK GAZlil J L Ol- INDIA EXI RAOKMNARY [k/ua It.-

CHAPTER Vill

DISCIPLINE—MISCELLANEOUS PROVISIONS

210. Injury to civilians.—(1) When a member of the Indian Navy seriously injures a civilian, the Commanding Officer shall immediately hold a thorough investigation in order to ascertain the facts and he shall report the matter to the senior naval officer present and to the District Magistrate without delay.

(2) If the civil authorities investigate the case, the Commanding Officer shall give them every assistance.

(3) The Medical Officer who first attended the injured person shall immediately report to the civil and naval authorities concerned the nature and extent of the injuries and his opinion as to their probable result.

211. Running 'Amok',—(I) When an armed sailor has broken loose (in the manner commonly known as "running amok'¹) and is at large threatening or purposing to kill anyone in particular or all in general, it shall be the duty of all officers, Petty Officers and sailors to take steps to effect his capture and to prevent him carrying his threats or purpose into execution.

(2) For the purpose of sub-regulation (1) an officer, Petty Officer or sailor shall be entitled to take such measures of force as may be necessary in the circumstances of the case and may take the life of the offender if there be no other reasonable means of preventing him carrying his threats or purpose into execution; and if it appears from the offender's action, such as laying down of his arms, that he intends to surrender, he shall be arrested in the ordinary way and dealt with in due course.

NOTE 1.—It is not necessary for an officer or sailor before taking measures of force, to go up to the sailor who is "running amok" and demand his surrender if by so doing he would incur imminent risk of losing his own life.

NOTE 2.—An order to shoot down the offender in such cases given by an officer, a Petty Officer or sailor shall be a lawful command to be obeyed.

212. Persons in civil employment—misconduct.—(1) Where an officer or a sailor while serving under a civil department of the Central Government or a State Government misbehaves he shall be dealt with under the appropriate civil rules, unless the misconduct was some act or omission of the person in his naval as opposed to his civil capacity and if

Srr. 1] THE ( , \ / ET 1- ()l- IMH \ E\ I R \ORDL\ARY 93

his act or omission in a naval capacity were an offence under the Act his case shall be dealt with as prescribed by the Act.

(2) Nothing in this regulation shall prevent a person from being dealt with under the Act for any misconduct in his civil capacity if the Govern- ment or the Chief of the Naval Staff so considers fit and the offence is one which is triable under the Act.

213. Commanding,? Officers—General Instructions.—(1) T he C o m-

manding Officer shall—

(i) at all times and in all circumstances show an example of

respect and obedience to his superiors;

(ii) sec that all the officers obey the several instructions which are addressed to them, or which, though of general purport, concern them;

(iii) correct or report to his superiors any reprehensible conduct on

the part of those under his command;

Civ) notice the conduct and abilities of those under his command in order that he may be enabled to give them the testi- monials they deserve, or, if called on, to make correct reports of their merits;

(v) while upholding the legitimate authority of all the officers under his command, check by timely reproofs any tendency he may notice to abuse of power, showing by his example that a firm but conciliatory manner of conducting duty is the surest way to gain the respect and confidence of sailors.

214. Sailors placed in the Report,—The leave of sailors shall not be stopped when they are placed in the report unless they are so placed for any of the offences mentioned in regulation 36(2) (a) to fi).

215. Logging offences,—(1) If the Commanding Officer should con- sider an offence committed by an officer to be of such a nature as to necessitate its being recorded with a view to future reference under the provisions of clause fa)(ii) of sub-section (1) of section 1J9 he shall cause the facts to be entered in the ship's log and the statement which is logged shall be read by the officers, who shall sign his name to it as evi- dence of his knowledge of the entry; and at the same time, a copy of the entry and the signature thereto shall be prepared and certified by the Commanding Officer in accordance with sub-section (I) of section 133 for produdion at any court-martial where the same may be required.

94 THE GA7E1 JE OK INDIA EXTRAORDINARY [PMIT I I-

(2) The copy of the entry in the log book shall be filed in the Com- manding Officer's office until the ship pays off, when it shall be destroyed.

(3) Offences which arc logged shall not be reported to the Chief of the Naval Staff unless the Commanding Officer considers the matter sufficiently serious to warrant a permanent record against the officer when the report of the logging should be submitted to the Chief of the Naval Staff.

216. Misconduct of officers—termination of Service by Government on grounds of misconduct.—-(1) When it is proposed to terminate the service of an officer under section 15 on account of misconduct, he shall be given an opportunity to show cause in the manner specified in sub- regulation (2) against that action:

Provided that this sub-regulation shall not apply—

(a) Where the service is terminated on the ground of misconduct which has led to his conviction by a civil court; or

(b) where the Government is satisfied that for reasons, to be recorded in writing, it is not expedient or reasonably practicable to give to the officer an opportunity of showing cause.

(2) When after considering the reports on an officer's misconduct, the Government or the Chief of the Naval Staff is satisfied that the trial of the officer by a court-martial is inexpedient or impracticable, but is of the opinion that the further retention of the said officer in the service is undesirable, the Chief of the Naval Staff shall so inform the officvr together with all reports adverse to him and he shall be called upon to submit, in writing, his explanation and defence:

Provided that the Chief of the Naval Staff may withhold from dis- closure any such teport or portion thereof if, in his opinion, its disclosure is not in the interest of the security of the State.

(3) Tn the event of the explanation of the officer being considered unsatisfactory by the Chief of the Naval Staff, or when so directed by the Government, the case shall be submitted to the Government with the officer's defence and the recommendation of the Chief of the Naval Staff as to the termination of the officer's service in ths manner specified in sub- regulation (5).

(4) Where, upon the conviction of an officer bv a civil court, the Government or the Chief of the Naval Staff considers that the conduct

SEC 4] TUY r. \ / E r i F. OF INDIV IXTRAORDINARY g^

of the officer which has led to his conviction renders his further retemion in the service undesirable, a certified copy of the judgment of the civil court convicting him shall be submitted to the Government with the recom- mendation of the Chief of the Naval Staff as to the termination of the officer's service in the manner specified in sub-regulation (5).

(5) When submitting a case to the Government under sub-regula- tion (3) or sub-regulation (4), the Chief of the Naval Staff shall make his recommendation whether the officer's service should be terminated and if so, whether the oflicer should bo—

(a) discharged from the service; or

(b) called upon to retire; or

(6) The Government after considering the reports and the officer's defence, if any, or the judgment of the civil court, as the case may be, and the recommendation of the Chief of the Naval Staff, may discharge the officer with or without pension or call upon him to retire or resign and on his refusing to do so, the officer may be eompulsorily retired or discharged from the service on pension or gratuity, if any, admissible to him.

217. Termination of service of officers by the Government on grounds other than misconduct.—(1) When the Chief of the Naval Staff is satisfied that an officer is unfit to be retained in the service due to inefficiency or physical disability, the officer—

(a) shall be so informed,

(b) shall be furnished with the particulars of all matters adverse to him, and

Provided that clauses (a), (b) and (c) shall not apply if the Chief of the Naval Staff is satisfied that fore reasons to be recorded bv him in writing, it is not expedient or reasonably practicable to comply with the provisions thereof:

Provided further that the Chief of the Naval Staff mav not furnish 1o the officer any matter adverse to him if, in his opinion, it is not in the interest of the security of the State to do so.

96 JHK G U E 1 TF Of INDIA EXTRAORDINARY [PVRI I I-

(2) In the event of the explanation being considered by the Chief of the Naval Staff unsatisfactory, the matter shall be submitted to the Govern- ment for orders, together with the officer's explanation and the recommenda- tion of the Chief of the Naval Staff as to whether the officer should be—

(a) called upon to retire; or

(b) called upon to resign.

(3) The Government after considering the explanations, if any, of the officer and the recommendation of the Chief of the Naval Staff, may call upon the officer to retire or resign, and on his refusing to do so, the officer may be compulsorily retired or discharged from the service on pension or gratuity, if any, admissible to him.

218. Release on medical grounds.—(\) An officer who is found by a

medical board to be permanently unfit for any form of naval service may he released from the service in accordance with the procedure laid down in I his regulation.

(2) The President of the medical board shall, immediately after the ^eiical board has come to the conclusion that the officer is permanently unfit for any form of naval service, issue a notice specifying the nature of the disease or disability he is suffering from and the finding of the medical board and also intimating him that in view of the finding he may be re- 'cased from the Service:

Provided that where in the opinion of the medical board the officer is suffering from a mental disease and it is either unsafe to communicate the nature of the disease or disability to the officer or the officer is unfit to look after his interests, the nature of the disease or disability shall be communicated to the officer's next-of-kin who shall also have the right to petition under sub-regulation (3).

(3) Every such notice shall also specifv that the officer may, within fifteen davs of the date of receipt of the notice prefer a petition against the finding of the medical board to the Chief of the Naval Staff through the President of the medical board.

(4) If no petition is preferred within the time specified in sub-regulation (3) the officer may be released from the service by an order to that effect by the Chief of the Naval Staff.

d) If a petition is preferred within thi. t;me specified in sub-rciuiation (3), it shall be forwarded to the Government together with the records

Sfc. 4J THS G A / E l ;£ OF INDIA tXTRAOKDINARY gy

thereof and the recommendation of the Chief of the Naval Stall and the Government may, after considering the petition and the lecommendation of the Chief of the Naval Staff, pass such order as it deems fit.

219. Date from which retirement, resignation, discharge takes effect.—

(1) The discharge of an officer under section 15 or the retirement, resigna- tion or release of such officer shall take eflect from the date specified JII that behalf in the order of discharge, retirement, resignation or release as the case may be, and shall be notified in due course in the official gazette.

(2) The retirement, removal, resignation, release or discharge of persons subject to Naval Law shall not be retrospective.

220. Punishment of subordinate officers,—(J) T he p u n i s h m e nt of for- feiture of seniority and forfeiture of time which may be awarded to subordi- nate officers under section 94 shall be two distinct and separate punishments.

(2) Where forfeiture ot seniority is awarded, the forfeiture shall be noted in the Navy List by the post-dating of the seniority of the officer and where forfeiture of time is awarded it shall result only in the delay of pro- motion to the extent specified in the order of forfeiture.

(3) Forfeiture of seniority under section 94 shall be imposed only for very serious misconduct and the normal punishment under that section jhall be forfeiture of time.

221. Steeping on board — -(I) If the Commanding Officer should be absent for the night or by reason of sickness or for other cause, has ceased to exercise command, an Executive Officer not below the rank of Lieute- nant-Commander or if no such officer is borne, the Executive Officer of the ship shall sleep on board:

Provided that the provisions of this regulation may be relaxed with the special permission in writing of the senior naval officer present.

(2) No other officer shall remain out of his ship for the night without the previous sanction of the Commanding Officer.

222. Duties and privileges of Petty Officerx.~( 1) All Petty Officers Khali be granted every reasonable indulgence and shall be made to feel that confidence is reposed in them and shall be treated with the consideration which is due to the positions of trust which they hold.

(2) The prefix 'Chief Petty Officer' or 'Petty Officer¹ or the correspond- ing prefix in the case of non-seaman ratings shall be used by all ranks when addressing or speaking of sailors holding those ratings.

yfcj

I h it uAZi' L IE Ol' INDIA E \l liAOkDLNARV [ F A R: i t-

(3) On all occasions of sailors falling in. Petty Officers shall do so separately from lower ratings, and when classes of instruction are termed Petty Officer shall be classed up by themselves.

(4) Petty Officers shall be shown in the ship's book distinct from lower ratings. The separation is to be made by classes (Seaman, Artiricers and the like,) and the Petty Officers shall be shown on separate sub-divisions of tneir respective lists.

(5) Petty Officers shall not be mustered in and out of the ship unless for some special reasons, nor shall they undergo personal search by the regulating staff unless the Executive Officer or the C ommanding Officer for any special reason in any particular case shall order otherwise.

(6) Separate lines shall be appropriated for-hanging their clothes and hammocks and their hammocks shall be stowed together in a part of the netting reserved for them.

(7) Petty Officers dressed in the established uniform may be allow-

ed to pass dockyard gates and out parties of men.

(8) The discipline of the Indian ships and establishments and the com- fort of the men is dependent in a great measure on the manner m which Petty Officers carry out their duties and maintain their position and it is essential that the importance of their position and of the influence which they should exercise on the discipline, efficiency and morale of the Service as a whole should be realised throughout the Service.

(9) Petty Officers are not advanced to that rating solely as a result of seniority and on passing certain examinations. They must possess per- sonality and tact and be ready to accept the responsibilities of their posi- tion. They should work at all times for the well-being and efficiency of the Service as a whole. They should set an example of loyalty and disci- pline; and must obey the orders of their superiors with the same cheerful- ness and alacrity with which they expect to be obeyed by their inferiors. Commanding Officers and officers look to the Petty Officers for Joyal support in maintaining the efficiency and traditions of the Service. Junior sailors look to them for direction and assistance.

(10) It shall be the duty of Petty Officers to preserve order and regu- larity wherever the crew or any part of it may be employed and this res- ponsibility rests upon them whenever they are with the men, whether oa duty or not.

SEC. 4] THE GA/F TT E OF INDIA EXT RAORDINAftV 9^

223. Duties and privileges of leading sailors.—(I) All leading sailors shall be granted every reasonable indulgence and they shall be made to feel that confidence is reposed in them and shall be treated with the considera- tion which is due to the positions of trust which they hold.

(2) On all occasions of sailors falling in, leading sailors shall do so separately from lower ratings except on ceremonial parades, when leading sailors may be included in the ranks.

(3) Leading sailors dressed in the established uniform shall be allowed to pass dockyard gates and may also pass out parties of men.

(4) It shall be the duty of leading sailors to preserve order and regula- rity wherever the crew or any part of it may be employed and this respon- sibility rests upon them whenever they are with the sailors whether on duty or not.

224. Articles of War.—Chapter Vill of the Act shall be read quarterly to the ship's company and the printed sheets containing the English and the Hindi versions of that Chapter shall be displayed in an accessible part of the ship for the information of the ship's company.

225. Naval sailors in Military Detention Barracks.—(1) In the event of any sailor who is undergoing sentence in a military detention barracks committing an offence too serious to be dealt with under the rules for mili- tary detentions barracks, the matter shall be reported to the Commanding Officer of the ship on whose books the sailor is borne in order that he may be dealt with under the Act.

(2) In deciding how to deal with the case, the Commanding Officer shall bear in mind that before the accused can be tried he must be removed from the detention barrack.

(3) An escort shall be sent to remove the offender from the detention barrack and if his original sentence has not expired, offender shall be furnished with an order in writing under section 154 directing—

(a) if the offender is to be dealt with summarily, that he be discharg- ed.

(b) if the offender is to be tried by court-martial, that he be delivered over to naval custody for trial.

226. Discharge from prison or detention.—(1) If a prisoner or a person under detention should be discharged under the provisions of section 154, such discharge shall have been the effect of remitting any portion of his

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Sfc. 1] 1HK GA7KT. F. Ol- INDIA I"XTRAORDINARY JQI

229. Prohibition on sale etc., of certain articles.—(\) No sort of beer, wine, spirituous liquor, opium or other narcotics shall be sold on board by any person nor shall any person belonging to the shop sell articles of any other description to any other person belonging to the ship without the written sanction of the Commanding Officer and all loans, transfers, gifts or barters of spirits, intoxicating drinks, opium or other narcotics are here- by prohibited on board.

(2) Tradesmen shall not be permitted to board the Indian Naval ships to sell thoir goods or obtain orders and where the exclusion of a particular tradesman from boarding one of the Indian Naval ships would cause real inconvenience to the ship's company, the circumstances shall be reported to the Administrative Authority for consideration.

(3) The Administrative Authority may at its discretion permit the sale of newspapers on board.

(4) The distribution in ships of circulars or advertisement for the pro- motion of raffles is hereby prohibited.

230. Persons drunks on shore.-—A person belonging to any Indian Naval Ship who is too drunk on shore to return on foot without discredit to the Service or prejudice to good order may be taken to his ship or establishment by cab or other conveyance and the fare recovered from his pay.

231. Landing rations etc.—(1) Provisions or stores shall not be issued on shore or taken out of the ship for any other purpose than for victualling portions of the crew when absent on duty or on other public service.

(2) Whenever it may be necessary for officers or others to take their provisions on shore when proceeding on duty, the Commanding Officer shall furnish a ipass showing the names of the persons in whose favour it is issued, and the exact quantity of provisions allowed for their consump- tion-

(3) When provisions or clothing are sent out of the ship, they shall invariably be accompanied by written passes, signed by tho Supply Officer or his deputy and approved by the Commanding Officer showing the quan- tities and the date.

(4) Passes shall be valid for the quantities and the date for which they are issued, and shall be produced when required for the information of any police officer or constable or any person acting under the customs or re- venue laws.

102 THE GAZETTE OF INDIA EXTRAORDINARY [PART I I-

232, Offences by Passengers.—Any person although not belonging to the Indian Navy or the Regular Array or Air Force who is ordered lo be received or is a passenger on board any Indian Naval ship or aircraft shall be subject to Naval Law to the extent and subject to the conditions here- in-after mentioned, namely:—

(a) Any such person who while on board a ship or an aircraft of the Indian Navy commits any offence against the good order and discipline of the service may be placed under such restraint by the officer in command of the ship or air- craft in which he has embarked as the offence or offences committed by him may appear to justify or render neces- sary and the officer who has occasion to place any .^uch passenger under arrest shall take the earliest opportunity that presents itself of reporting the circumstances to the first senior officer he may fall in with, in order that it may be determined, after due investigation, whether the alleged offender shall be released from arrest or continue under arrest until the termination of the voyage for which he has embarked or whether he shall be transferred to some other ship.

(b) If any such person while on board a ship or aircraft of the Indian Navy commits any criminal offence punishable by the law of Tndia he may be kept under such restraint as is neces- sary until an opportunity shall offer of delivering him over to a civil court competent to try him for the same.

(c) Nothing in this regulation shall preclude any person on board a ship or aircraft of the Indian Navy or on board any ship in the service of the Government to be proceeded against for an offence punishable under section 44.

(d) Officers and sailors who, upon being invalided or discharged, may be ordered or permitted to take passage in any Indian Naval ship or aircraft and persons sentenced under the Act so long as they are on board the ship in which they are embarked as passengers shall be subject to Naval Lnw.

233. Summoning of witnesses.—(I) When the presence of a witness, required to give evidence before a Commanding Officer or an officer pre- paring the summary of evidence or before a Board of Inquiry or before a

Src. -f] THE GAZETTE OF INDIA EXTRAORDINARY 103

court-martial cannot otherwise be obtained, summons may be issued in accordance with the following prc- isions;

(a) the summons shall be in the prescribed form,

(b) in the case of a witness subject to naval law or a law relating to the government of the regular Army or Air Force, the summons shall be served upon the individual through his Commanding Officer or other superior authority as may be most convenient and in the case of any other witness who is a Government servant, the summons may be served upon the head of the office in which he is serving.

(c) in the case of every witness the summons shall be served by causing it to be delivered personally or sending it by regis- tered post or it may, in accordance with section 134(4). be sent to the Magistrate in whose jurisdiction the witness may be or resides.

(2) The prescribed officer under sub-section (2) of section 134 relating to the summoning of witnesses before a Commanding Officer or the officer preparing a summary of evidence shall be the Administrative Authority and the prescribed officers under that sub-section, relating to the summon- ing of witnesses before a Board of Inquiry, shall be the convening autho- rity and the President of the Board.

(3) A civilian witness in Government service not subject to naval law, ivho is summoned under section 134 to attend a court-martial, disciplinary court. Board of Inquiry or before the Commanding Officer or other officer preparing a summary of evidence, shall be entitled to receive travelling al- lowances under civil rules or Travel Regulations according to whether he is serving in a civil department or in the Defence Services, provided that the facts as to which he is to give evidence have come to his knowledge in the discharge of his public duties.

(4) A civilian witness, not subject to naval law and not in Government service, when called to appear before a court-martial, disciplinary court, Board of Inquiry or before the Commanding Officer or other officer pre- paring a summary of evidence shall be entitled to travelling and subsistence allowances at the rates fixed by the local Governments, High Courts or administrations for non-official witnesses appearing before the Couits of law under their jurisdiction and such rates of allowances shall be ascertain- ed and paid through the magistrate where witnesses are called through hiir. ;\nd in other cases, the rates of the allowances shall be ascertained from

104 T HE CTAZEITE OF INDIA EXTRAORDLV \RY [PARI l i-

the magistrate in whose jurisdiction the witness resides at the time he is summoned to give evidence and paid by the summoning authority.

(5) It shall be the duty of the summoning authority to advance to the witness, through the magistrate if he is called through a magistrate, other- wise direct, a sufficient sum to cover his travelling expenses and to arrange payment to him of the subsistence allowance and expenses on account of return conveyance before he leaves the station to which he is summoned.

(6) Civilian witnesses, nol subject to naval law and not in Government service, when called upon to give expert evidence shall, in addition, be paid fees for their expert evidence or services subject to the approval of the com- petent financial authority under whose powers the amount at issue falls.

(7) Private individuals employed as interpreters and shorthand writers before a court-martial, disciplinary court or Board of Inquiry shall be paid out of pocket expenses for their services at the discretion of the President of the court-martial, disciplinary court or Board of Inquiry subject to the approval of the competent financial authority under whose powers the amount at issue falls.

234. Representation affecting conditions of service.—(1) Any sailor who wishes to make a representation affecting his welfare or who has any sugges- tion to make connected with the service, shall bring the subject to the notice of his Divisional Officer through his Divisional Petty Officer.

(2) Whether the matter affects one individual or more than one indi- vidual, the procedure prescribed in sub-regulation (1) shall invariably be followed.

(3) If the representation is one with which the Divisional Officer can- not himself deal, he shall bring it to the notice of the Executive Officer (through the departmental officer, where applicable), and subsequently, if necessary, through him to the Commanding Officer, and so to higher authority as the circumstances may require.

(4) It shall be the duty of every Chief Petty Officer, Petty Officer or leading rate to keep himself informed of any cause of complaint or dis- satisfaction among the sailors and to inform his Divisional Officer so that the matter may be investigated.

NOTE.—-A copy of this sub-regulation in English and Hindi shall be kept permanently posted on a notice board in all Chief Petty Officers' and Petty Officers' messes.

SH(^4J THE GA/.ET' K Ol INDIA EXTRAORDINARY

I 05

(5) The provisions of this regulation shall not affect—

(a) the procedure by which sailors may bring requests before Inspecting Officers at inspection in accordance with the custom of the Service;

(b) the custom by which any sailor is allowed to request, through his Divisional Officer, to see the Commanding Officer with regard to matters of a private nature;

(c) the custom by which complaints of an immediate nature other than those about food, may be taken before the officer of the Watch;

(d) the customary procedure by which complaints of an immediate nature about food in ships and establishments under the general mess system are, in the first instance, taken to the senior cook sailor in the galley, or in ships and establish- ments organised for centralised messing, to the sailor in- charge of the dining hall.

235. Complaints to Higher Authority.—(1) If an officer or a sailor thinks that he has suffered any personal oppression, injustice or other ill- treatment or that he has been treated unjustly in any way, he may after due consideration, make complaint in accordance with these Regulations.

(2) Any other method of seeking a redress from a superior authority,

save those mentioned in these regulations, is forbidden.

236. To whom the complaint shall be made.—(1) If the complainant be a Commanding Officer of an Indian Naval Ship, his complaint shall be in writing and addressed to his immediate superior.

(2) If the complainant be an officer serving in one of Indian Naval ships, his complaint shall be made orally to the Commanding Officer, in accordance with the Service custom whereby a complainant is to make an oral request to sec the Commanding Officer for that purpose. Tf the com- plainant is an officer below the rank of Captain, such request shall be made through the Executive Officer, and if the complainant is not the Head of Department, the request shall be made in the first place to the Head of the Department.

(3) If the complainant is serving in a naval establishment not commis- sioned as a ship and not under the command of a Commanding Officer of one of Indian Naval ships, the complaint shall be made orally to his imme- diate superior.

1Q6 THE GA/JQ.1 IE OV INDIA EXTRAORDINARY [PARf I t-

Explanation.—For¹ the purpose of this regulation the term "naval estab- lishment" shall, in addition to Naval Headquarters and Naval Dockyard, include offices of Administrative Authorities, Naval Officers-in-charge and Resident Naval Officers of Ports and Naval Advisers to Indian Missions abroad.

(4) If the complainant is an officer who is not serving in a naval establishment, he shall submit his complaint to his immediate superior, either orally or in writing as may be practicable.

(5) If the complainant is a sailor, hLs complaint shall be made orally to the Commanding Officer. A request to see the Commanding Officer shall be made to the Executive Officer through the complainant's Divisional Officer and Head of Department. A sailor detached from his ship or establishment shall make his complaint to the officer under whose com- mand he may be at the time.

237. Assistance to Complainant-—If the complainant be an officer of junior rank or a sailor, he may request any officer in his ship to advise and assist him in the statement of his case at all stages. If no such request is made, it shall be the duty of the Divisional Officer, or such other officer as the Commanding Officer may detail, to give his assistance. Such officer shall point out to the complainant the rules to be observed under regula- tion 238.

238. R u l es to be observed by the C o m p l a i n a n t . — ( I) C o m p l a i n ts s h a ll be confined to a statement of facts complained of and to the alleged conse- quences to the complainant himself.

(2) Joint complaints by two or more persons arc not allowed; each individual shall make his own complaint.

(3) It shall be an offence against good order and naval discipline to make a complaint, either oral or written, which includes a statement of fact which is untrue to the knowledge of the complainant.

(4) It shall be an offence against good order and naval discipline to make a complaint in terms which comprise language or comments that are disrespectful or insubordinate or subversive of discipline, except in so far as such language or comments are necessary for an adequate statement of the facts.

239. How the complaint shall be dealt with.-(l) On receipt of any complaint, the Commanding Officer or other officer receiving the same shall satisfy himself that the complaint is made in accordance with these Regula- tions. He shall then deal with it in the exercise of his discretion as may

SEC. 4] THE GAZETTE OF INDIA EXTRAORDINARY

I 0y

seem to him right, and cause the complainant to be informed of his decision.

(2) If the Commanding Officer or the other officer^ receiving the com- plaint refuses or is unable to remedy the complaint so made, the complainant may respectfully ask that he may be allowed to make his complaint in writing, and on receiving such request, the Command Officer or the other officer shall give the complainant 24 hours to reconsider the matter. The complainant, while still having the assistance of the officer referred to in Regulation 237, may then address his complaint to the Commanding Offi- cer or the other officer in writing, who shall then forward the complaint to his next superior officer, together with his own remarks thereon, to be dealt with in accordance with sub-regulation (1).

(3) If the complainant is not satisfied with the decision on his com- plaint, he may request that his complaint be forwarded to the next superior authority and so on to the Chief of the Naval Staff to be dealt with in accordance with sub-regulations (1) and (2) and finally to the Govern- ment and all such requests shall be complied with. The complainant shall be justified in appealing direct to the next superior authority only when the authority to whom such a request is made, has neglected or refused to forward the complaint.

(4) No officer or sailor shall be penalised for having made a complaint

in accordance with these regulations.

240. Remarks or Criticism on Superiors.—Except as specifically per- mitted in these regulations, no officer or sailor shall make remarks or pass criticism on the conduct or orders of his superiors which may tend to bring them into contempt. No officer shall say or do anything which, if heard or seen by or reported to those under him, might discourage them or render them dissatisfied with their condition or with the service on which they arc or may be employed.

241. Combinations.—d) All combinations of officers or sailors for the purpose of bringing about alterations in the existing regulations or custom of the Service, whether affecting their interests individuallv or collec- tivclv, are contrary to the tradition and practice of the Service and injurious to its welfare and discipline.

(2) Every officer or sailor shall be entitled individuallv to make known to his superior any proper cause of complaint, but individual officers or sailors shall not combine, either by the appointment of committees or in any other manner; nor shall they sign collectively memorials, petitions or applications, nor obtain signatures to such documents.

N, D. BUCTI. Jt. Secy.

APPENDIX I

FORMS

( 109)

tI0 THE GAZETTE OF INDIA EXTRAORDINARY [PAUT H_

APPENDIX I

List of Prescribed Forms

Form No                Subject  of  the  form               Relevant  Section/
                                                                Regulation
     i    Punishment Warrant Form                          Regulation  16
    2     Record of Offences  Sheet                        Regulation  72
    3     Daily Record of Offences  and  Punishments        Regulations  72  and
                                                              85.
    4     Quarterly  Punishment  Return                     Regulation  73
    5     Committal Order for Detention                     Section  150 &
                                                              Regulation  109
    6     Committal Order for Imprisonment  .                       Do.
    7     Report  of Arrest and Trial  by Civil Power        Regulation 119(6)
     8    Specimen Charge Sheet                              Regulation I 55(15)
     9    Warrant ordering a Court-Martial (To  be used  by  Regulation 159
            Convening  Authority  holding  a  Commis.skn
            from  the Chief  of  the  Naval  Staff  to  order  a
            Oiurt  Martial).
    10    Warrant  ordering  a  Court-Martial  (To  be  used
            when a Court-Martial is ordered by the Presi-
            dent  or the  Chief  of the  Naval  Staff.)     Regulation  igy
   II     Warrant by Convening Authority  appointing
            Trial Judge Advocate      .    .   .    ..     Regulation  161
   12     Warrant appointing Prosecutor                     Regulation  163
   13     Warrant appointing Provost Marshal                Regulation 164
    14    Warrant appointing Officer  of the Court          Regulation  165
   75     Notice  of  Trial  to  the  Accused               Regulation  169
   16     Notice to the Prosecutor                         Regulation  170
   17     Form  for  intimiting  Defence  Witnesses to  the
            Trial Judge Advocate by the Accused.            Regulation  178(2)
   18     Order  of  the  Court  and  Report  of  Navigation
            Direction at Trial on Navigational Charge       Regulation  183
   19     Minutes of Proceedings                            Regulation  190
   20     Abstract  of  Certificates                        Regulation  192(3)
   21     Order for Board of Inquiry                        Regulation  200
   22     Form  for  Forwarding  Minutes  of  Proceedings   Regulation  208
          of Board of Inquiry, Disciplinary Court etc.

SEC 4] THE GAZETTE OF INDIA EXTRAORDINARY Jtl

Relevant Section/

Form No.

Subject of the form

Regulation

Form for Summoning Witnesses required to give

Evidence before a Board of Inquiry.

Regulations 204 & 233 and Section 134(2)

Section 134(2) & 24

Regulation 233.

Summons for Witnesses required to give Evidence before officer preparing a Summary of Evi- dence.

Summons for Witness Required to give Evidence

Section 134(2) & Regulation 233.

before a Commanding Officer.

Summons for Witnesses required to give Evi-

Regulation 233

dence before a Court-Martial.

Regulation 233

27 Summons for Witnesses required to give Evidence before a Court-Martial (witnesses not sub-

ject to naval law).

Section 83 Section 148

Warrant for Arrest Warrant of Interim Commitment until Execution

of the Sentence of Death.

30 Warrant for Execution of a Sentence of Death . Order for Transfer of Prisoner or Person under

Section 149 Section 154

Detention.

Section 155

Order for Retransfer of Prisoner or Person under

Detention.

Section 156 Section 156

Warrant for Removal of Insane Persons Form for Retransfer of the Prisoner to the Jail

or Detention Quarters.

113. T HE GAZETTE OF INDIA EXTRAORDINARY [PART I I-

FORM No. i

PUNISHMENT WARRANT FORM

(See regulation 16)

I.N.S Dated(O 19 . Warrant No For (Here specify all punishments for which, taken separately, a warrant would be required.)

Whereas Name Rate Official No Good Conduct Medal Good Conduct Badges Class for conduct Date of Birth Date of Entry in Naval Service Date of Entry in ship „ Character assessed to-date, from the last ~) annual assessment, but not including > this offence. J

was charged for that he did (here insert full particulars of offence/s starting with the date of offence in each case).

And Whereas I did, on the day of 19 personally and publicly, in the presence of the complainant and the accused, in- vestigate the matter and whereas the accused pleaded guilty/not guilty to the charge/s. (").

Having heard the evidence of (*)

in support of the charge/s as well as what the accused had to offer in his defence and the evidence of (b) whom he called on his behalf, I consider the charge/s to be substantiated against him and taking into consideration that this is the offence registered against him on his Conduct Sheet, I adjudge him to be punished as follows :—

(Insert below the particulars of the punishments) (')

days mulcts have been remitted under regulation 42.

( d) Name of the place for detention/ "I imprisonment, ( °) if awarded. }•

SFC. 4] THE GAZETTE OF INDI\ EXTRAORDINARY 113

Given under my hand on board Indian Naval Ship

t h e ( -0 day of 19 .

Commanding Officer

Signature and the Rank of the

Complainant.

(*) Read to the accused this (f) day of 19 .

Signature Rank Appointment

(")

FORMER OFFENCES

Particulars of all former offences during the last 6 months (if he has been in the ship) and any warrant punishments during any period in the ship prior to the last 6 months.

MEDICAL CERTIHCATE IN CASE OF CELLS

Examined and found medically fit to undergo the punishment awarded.

Signature of the Medical Officer Rank Date

SUBMISSION TO SENIOR OFFICER

I.N.S

Dated

19 .

Sir,

1 beg to submit for your approval the following sentence to be awarded to the aforesaid accused : —

2 The accused's Service Certificate and Conduct Sheet are enclosed heiewith.

Signature

Rank

DECISION OIT IUE SENIOR OFFICER ANJ HIS REMARKS IF ANY (^)

Signature

The Commanding Officer, Rank I.N.S Dated

l l4 THE GAZETTE OF INDIA EXTRAORDINARY (TART n_

NOTES

(" ) Delete whatever is inapplicable. (⁶ ) (t) Insen thr names of witness?- foi the prosecution and the defence. If the accused does not call any defence witnesses, the fact should be stated as—"and he calling no one on his behalf".

(ii) If the punishment awarded/proposed be imprisonment, detention, dismissal from the Naval Service or of disrating of a Chief Petty O3icer or Petty Officer, a summary of evidence shall be recorded by the Commanding Officer and will accompany the Punishment Warrant.

(c) (t) All punishments sought to be awarded shall be noted here specifying clearly in all cases the nature, duration and extent of various punish- ments.

(JV) When the warrant requires the approval of the Senior Officer, this place is to be left blank and the punishments proposed shall be entered on Page 3 under "Submission to the Senior Officer". After Senior Officer's approval, sentence as approved is to be entered at this place. (tit) When any medals are forfeited consequent upon convictioi for desertion under section 49(2) read with regulation 136, the dscision to that effect should be recorded in this space separately.

(J) The name of the place of imprisonment/detention shall be filled in, in accordance with regulation 106.

(") If a man is sentenced to imprisonment or detention and there is no proper place of confinement to which he can be set at once, and if it is not intended lo keep him in close custody on board until a proper place of confinement is available, the following words are to be added here :— "the said imprisonment or detention to take effect from the date on which he arrives at a place where there is a proper place of confinement".

In such cases, however, the provisions of regulations 93 and 94 are to be kept in mind.

(/) The date of reading and the date at the head of Page 1 and the date of award at the centre of Page 2 should coincide.

(*) If the warrant is read in the absence of the accused in accordance with regulation 19, this notation should be amended to read as follows :— "Read in the absence of the accused this

day of 19 * he having been certified medically unfit to have the warrant read to him."

(*) No avoidable delay should take place in the investigation of the complaint or in the reading of the warrant and infliction of the punishment. If any substantial delay has taken place} the cause is to be stated at the bottom of Page 2.

f J) If the senior officer considers for any reason that punishment proposed i s inadequate, he may alter the punishment within the limits of powers of punishment of a Commanding Officer and the punishment so altered shall be the punishment awarded. The senior officer may also approve the warrant for a punishment lower than that proposed by the Commanding Officer. See regulations 16 to 20 and 25.

SEC. 4] THE GA7EFT1E OF INDIA EXTRAORDINARY T 1^

FORM NO. 2

RECORu OF OFFENCES SHEET

(Appendix 1 to "Recommendations for Advancement and Conduct Record

Sheet" S-239)

(See Regulation 72)

Name Rate

Port Division and Official Number

Date of

Remarks

Details of the offence(s) Punishment

awarded

offence(s)

By^whom punishment awarded, Ship, Date and War- rant Number, if applicable

ug THE GAZETJE OF INDIA EXTRAORDINARY [PAKT I I-

FORM No. 3

DAILY RECORD

OF

OFFENCES AND PUNISHMENTS

(See regulations 72 and 85)

I.N.S BETWEEN 19 and 19

NOTES

1. Separate records on this form are to be maintained in respect of (a) Sailors (including sea-going Boys) (b) Artificer Apprentices and (c) Boys under training.

2. All punishments inflicted on board the Ship including warrant punish-

ments but excluding miner punishments awarded under sub-regulations (5)5 (6)3 (7) and (8) of regulation 21, shall be entered on date of award consecutively irrespective of the rates of offenders.

3. This record is to be inspected and signed by the Commanding Officer

weekly.

4. To be closed on the last day of each Quarter and forwarded with the

appropriate punishment return.

5. Alphabetical category of offences to be noted in column 7 of this form shall

correspond to the various categories specified in the Punishment Return.

- i

r e c

- c a

n e

Date of

Name

- a n g

i f f

n u p

o C

n u P

No.

d e d

h s i

c a r t s b a

f i

. t

o g e

r a

y b o

s e c n e f f

e h

n w

, r e c

n u p

a c

e h

r e b

i f f

n a r r a

n o

k n a

d e d

s t

e h

n e

a c

r a

n e

i t

s r a

g n

y b

g n

m a

g n

d n a

i Rate O. No Class for conduct Good Conduct Medal • (Write G.C.M. if possessing) Number of Good) \ Conduct Badges) /

n e

h s i

s e c n e f f

u c

h s i

(Write these particulars in this

r a

e c n e f f

d n a

e b a h p

o n

e r

n a r r a

d e h s

o c

h s

u order for each sailor)

n u P

f I

i t r a P A

n u P

9 1

3 4

SFC 41 THE C;A/ET"F OT- INDIA EXTRAORDINARY uj

FORM NO. 4

QUARTERLY

PUNISHMENT RETURN

(See regulation 73)

FOR Quarter ended with warrants Nos

I. N. S Based at

Commanding Officer

ABSTRACT OF OFFENCES PUNISHED SUMMARILY

ABSTRACT OF SUMMARY PUNISHMENTS

(If two or more of these punishments be awarded to an offender at the same timej each kind of punishments should be shown and not the principal one only)

e c

Total

Punishments

a S

r e S

-a a

-i

> u

I||

a v a n

r f

a s s i

a| a

s i

1 § D

•Sailors/Artificer Apprentices/Boys under training

*Seagoing Boys

TOTAL .

Average total number of Sailors (including Seagoing Boys)/*Artificer Apprentices/Boys under training borne during the quarter

*Delete whatever is inapplicable.

NOTES

1. Minor punishments awarded under Sub-regulations (5), (6), (7) & (8) of

regulation 21 shall not be included in this return.

2. Separate forms are to be rendered in respect of Sailors (including Seagoing

Boys), Artificer Ap rentices and Boys under training

SEC. 4] THE GA7EJTE OF INDIA EXJTRAORDINARY 119

COMMANDING OFFICER'S OPINION OF GENERAL CONDUCT OF SHIP'S COMPANY AND OF CAUSE OF INCREASE OR DECREASE IN OFFENCES.

CERTIFICATE

I hereby certify that all the punishments inflicted on board this ship during the period covered by this return except those awarded under Sub-regulations (5), (6), (7) & (8) of regulation 21, Regs. Navy, Part II ; and that the punishments arc in accordance with the Regulations ; and that in all cases where imprisonment, detention or cell punishment has been accompanied by stoppage of leave, the period of confinement has been reckoned as a portion of such stoppage.

Commanding Officer.

Dated

ADMINISTRATIVE AUTHORITY'S REMARKS

Dated

CHIEF OF THE NAVAL STAFF'S REMARKS

Patcd •

r 2o THE G\/ETrIE OF INDIA FX'IRAORDINARY [PART I I-

FORM NO. 5

COMMITTAL ORDER FOR DETENTION

(See Section 150 and regulation 109)

To the Captain, Naval Detention Quarters(")

WHEREAS at a court-martial/summary trial (*) held

on board Indian Naval Ship

at •

on shore on the • day of , 19. , . .,

(Name of the prisoner) of Indian Naval Ship was found guilty of offence/s punishable undcr(c) and sentenced to be kept under detention for (d),

(' )AND WHEREAS I deem it expedient that the said

shall be sent to the said Detention Quarters at , and that on arrival there he shall undergo his sentence subject to the deduction of any time during which he has been kept in confinement in respect of the said sentence.

This is to authorise and require you to receive the said

in your custody in the said Detention Quarters, together with this warrant, and there to carry the aforesaid sentence into execution according to law.

Given under my hand and under the seal of my office this

day of

Signature

Seal

Rank

Appointment

The following certificate is to be completed by the Commanding officer of the ship bringing the offender to the place of confinement, where the sentence has been postponed in accordance with section 151(2) of the Navy Act,i957. It is not applicable to the case of an offender who is being transferred from one place of confinement to another.

SFC 4] THE GAZETTE OI' INDIA EX IHAORDINARY 1 2I

I hereby certify that the said has been kept in confinement for days in respect of his sentence.

Signature •

Captain Naval Detention Quarters

NOTES

(a) Particulars of the Detention Quarters.

(* ) Delete as necessary.

(") Here quote the relevant section/s of the appropriate Act/Acts (Navy Act, 1957, I.P.C., etc.) under which the offences fall.

(d) Period of sentence.

(") This paragraph is to be used only when it is considered desirable under Section 151(2) of the Navy Act;, 1957, to delay the execution of a sen- tence in consequence of the court-martial/summary trial being held at a place where there is no proper place of confinement to which the offender can be sent, either temporarily or otherwise ["confinement" in this paragraph means close custody vide regulation 92 (2) ].

FORM NO. 6

COMMITTAL ORDER FOR IMPRISONMENT

(See section 150 and regulation 109)

To the Superintendent (or Keeper) of (") • at

WHEREAS at a court-martial/summary trial (b) held

on board Indian Naval Ship

on shore on the day of , 19

(Name of the Prisoner)

of Indian Naval Ship was found

guilty of offence/s punishable under (e) and sentenced to (*") for (•)

( /)AND WHEREAS I deem it expedient that the said

shall be sent to the said jail at , and that on arrival there he shall undergo his sentence subject to the deduction of any time during which he has been kept in confinement in respect of the said sentence.

i22 THE GAZETTE OF INDIA EXTRAORDINARY [t*ART I I-

This is to authorise and require you to receive the said

in your custody in the said jail, together with this warrant, and there to carry the aforesaid sentence in to execution according to law.

Given under my hand and under the seal of my office this

day of

, 19

Signature

S"al

Rank

Appointment

The following certificate is to be completed by the Commanding Officer of the ship bringing the offender to the place of confinement, where the sentence has been postponed in accordance with section 151(2) of the Navy Act, 1957. It is not appli- cable to the case of an offender who is being transferred from one place of confine- ment to another.

I hereby certify that the said

has been kept in confinement for days in respect of his sen- tence.

Signature

Commanding Officer, Indian Naval Ship

NOTES

( °) Particulars of the prison.

(* ) Delete as necessary.

( ° ) Here quote the relevant section/s of the appropriate Act/Acts (Navy Act, 1957, I.P.C. etc.) under which the offences fall.

( d ) Details of sentence (rigorous imprisonment, simple imprisonment etc.)

( ') Period of sentence,

{f ) This paragraph is to be used only when it is considered desirable under section 151(2) of the Navy Act, 1957, to delay the execution of a sentence in consequence of the court-martial/summary trial being held at a place where there is no proper place of confinement to which the offender can be sent, tither temporarily or otherwise ["Confinement" in this para- graph means close custody vide regulation 92 (2) ].

SEC. 4] THE GAZETIE or INDIA EXTRAORDINARY T2I

FORM NO. 7

REPORT OF ARREST AND TRIAL BY d V IL POWER

[See Regulation 119(6)].

NOTES.— (i) This report is not required for absentees and cases dealt with under

regulation 132.

(") To be accompanied by Service Certificate and Conduct Sheet. Copy of Service Certificate and of this form to be forwarded if penalties mentioned in heading 9(iii) below are proposed, or if discharge is applied for.

I.N.S.- No. • • Date •—

Name Rating Official No...

G.C. Medal Class for Conduct

No. of G.C. Badges Character

1. Particulars of arrest : Date and hour •

Place

2. If on leave :' (a) Date and time at which leave expired

I (b)' Date and hour of return to ship if released pending

trial

3. Date of trial

4. Date and hour of return to ship after trial

5. Before what Court charged

6. Offence in exact terms of charge

7. Order of Court in exact terms of order

(Jf offender was fined, state whether fine was paid)

124 T HE GAZETTE OI INDIA EXTRAORDINARY [PART I I-

8. Rank and name of officer who attended the trial

9. If convicted which, if any, of following Naval penalties are proposed :—

CO Stoppage of pay and time [regulation 119(1)].

days (") (a) Deprivation of G.C. Medal

(b) Deprivation of G.C. Badge or Badges

*(c)* Break in continuity of "Very Good" conduct for badge purpos- es

(d) Stoppage of leave (not to exceed 30 days) days.

(e) Inferior character at end of year

(wi) (a) Disrating

(b) Reduction to 2nd Class for Conduct

*If this penalty is enforced the date of conviction is to be noted on page i, col- umn 4, of the offenders Conduct Sheet as the date of commencement of "Very Good" conduct.

Commanding Officer'sdbseroations on the case and remarksas\to

'proposed penalties

Commanding Officer

The Chief of the Naval Staff.

Division of the Chief of the Naval Staff

Signature •• -——

Rank

Dated

The Commanding Officer4

I.N.S. —.

(After action this form is to be attached to the Quarterly Punishment Return).

Sta. 4] THE GAZE I IE OF INDIA EXTRAORDINARY

ifc"

FORM NO. 8

SPECIMEN CHARGE SHEET

[See Regulation 155(15)]

Thef accused

(Name, Official Number, if any, rank or rating , ship on which borne), a person subject to naval law is charged for that—

(1) On day of at about

he, did strike Lieutenant C D, his superior officer and thereby com- mitted an offence punishable under section 45 of the Navy Act, I957.

(2) On day of

at about

he~did wilfully disobey the lawful command of the superior officer when ordered to and thereby committed an offence punishable under section 47 of the Navy Act, 1957.

(3) On day of

at about

he did dishonestly misappropriate certain property to wit belonging to XY and thereby committed an offence punishable under section 77 of the Navy Act, 1957 r e a^ with section 403 of the Indian Penal Code.

Signature

(Commanding Officer, I.N.S.)

Countersigned

(Convening Authority)

FORM NO. 9

WARRANT ORDERING A COURT-MARTIAL (TO BE USED BY CONVEN- ING AUTHORITY HOLDING A COMMISSION FROM THE

CHIEF OF THE NAVAL STAFF TO ORDER A COURT MARTIAL)

(See Regulation 159)

By Whereas^ of Indian Naval Ship

has transmitted to me a letter alleging the misconduct of (hereinafter referred to as the accused) and whereas I think fit that the accused shall be tried by court-martial, I do hereby in exercise of the powers confer- red on me by commission from the Chief of the Naval Staff order a court-martial to be held for the trial of the accused on the charges listed in the accompanying charge-sheet and nominate you as president thereof.

(on shore at ) at on the

You are to summon other officers to sit on the court-martial in accordance with the Navy Act and to order the court-martial to assemble on board Indian Naval Ship day of or as soon afterwards as circumstances allow.

Given under my hand this day of in the yoar

Signature

•J2<3 THE GAZETTE OF INDIA EXTRAORDINARY [1?AXI 1 1-

FORM NO. 10

WARRANT ORDERING A COURT-MARTIAL

(To be wed when a Court-Martial is ordered by the President or

the Chief of the Naval Stqff)

(See Regulation 159)

Whereas of Indian Naval Ship has transmitted to me a fetter alleging the misconduct of (hereinafter referred to as the accused); and whereas I think fit that the accused shall be tried by court- martialj I do hereby in exercise of the powers conferred on me by sub-section ^(2) of section 97 of the Navy Act, 1957 order a court-martial to be held for the trial of the accused on the charges listed in the accompanying charge-sheet and nominate yon as President thereof.

You are to summon other officers to sit on the court-martial in accordance with the Navy Act and order the court-martial to assemble on board Indian Naval Ship

(on shore at ) at on the

day of or as soon afterwards as circumstances allow.

Given under my hand this day of

in the year

Signature

• >

FORM NO. 11

WARRANT BY CONVENING AUTHORITY APPOINTING TRIAL JUDGE ADVOCATE (See Regulation 161)

Whereas I have ordered

to preside qver a court-martial on board Indian Naval Ship (on shore at ) at a.m. on the day of 19 or as soon of , I do hereby appoint you to officiate afterwards as circumstances permit for the trial of Indian Naval Ship as Trial Judge Advocate for the purposes of that court-martial.

Given under my hand on board Indian Naval Ship at this day of 19

Signature

SEC. 4] THE GAZETTE OF INDIA FXTRAORDlNAkV 12?

FORM NO. 12

WARRANT APPOINTING PROSECUTOR

(See Regulation 163)

(Convening Authority)

WHEREAS I have ordered a Court-martial to be assembled

on board I.N.S.

on shore at on the day of 19 , for the trial of

I do hereby appoint you to act as of Indian Naval Ship Prosecutor on that occasion.

Given under my hand at

• the-

day of 19 .

Convening Authority.

FORM NO. 13

WARRANT APPOINTING PROVOST MARSHAL

(See Regulation 164)

(time) on the day of

WHEREAS a court-martial has been ordered to assemble on board Indian Naval Ship (on shore at ) at a.m. on the day of 19 for the trial of of Indian Naval Ship I do hereby appoint you to officiate as Pro- into vost Marshal on the occasion and you are to take the said your custody at ig and safely keep him until he shall be delivered in due course of law.

* Delete if there is no annexurefs)

r 2g THE GAZETTE OF INDI V EXTRAORDINARY [PAKT 1 1-

FORM No. 14

WARRANT APPOINTING OFFICER OF THE COURT

(See Regulation~i65)

(Convening Authority)

WHEREAS A Court-Martial has been ordered to] assemble

on t hc

on board I.N.S. o¥ shore at

19 , for the trial of

(name of the]

of Indian Naval Ship

accused) I do hereby appoint you to act as Officer of the Court on that occasion. \You are to perform the duties mentioned in regulation 166 of the Navy (Discipline and Miscel- laneous Provisions) Regulations 1954, which is reproduced on the reverse, and such other duties as you may be directed to perform by the President of the Court-Martial or the Trial Judge Advocate.

Given under my hand this day of 19

(Convening Authority)

DUTIES OF THE OFFICER OF THE COURT

"166. Dutiesof the Officer of the Court.—The Officer of the Court shall perform the following duties :—

(a) He shall serve the accused with a notice of trial issued by the trial Judge advocate, and other papers and shall obtain his signature.

(b) He shall serve the prosecutor with the papers ordered to be delivered by the trial judge advocate.

(d) He shall be responsible for making due arrangements for the sltntig of the court under the* directions of the trial judge advocate and shall obtain from the proper source the furniture and fittings and supply stationery required for use of the court.

SEC. 4] THE GAZET1-E OF INDIA EXTRAORDINARY 129

(e) He shall muster the witnesses outside the court room and as soon as the court is assembled, heJshalTreport to the president that they are in attendance.

(/) When so directed by the President, he shall cause the accused to be brought in and to admit the prosecutor and audience.

(g) He shall ensure that no witness enters the court unless called to give evidence, except by the permission of the court.

Qi) He shall ensure that each witness leaves the court as soon as he has been examined and is not allowed to communicate with those witnesses who have yet to give evidence.

(0 He shall ensure that no witness duly summoned leaves the vicinity of the court.

(j) When the Court is cleared for deliberations, he shall ensure that no one is allowed to remain within the court's vicinity."

FORM NO. 15

NOTICE OF TRIAL TO THE ACCUSED

(See Regulation~i69

Office of the^ Trial Judge Advocate,

19 •

Orders having been given for a court-martial for your trial to be held on board Con shore at ) at a.m. on the .. day of 19 . or as soon afterwards as circumstances allow, I transmit to you herewith for your information, copies of the charge-sheet, a list of the witnesses for the prosecution, the circumstantial letter including the annexure(s)* reporting the facts on which the charge-sheet is founded and a list of the exhibits which the prosecutor proposes to put up in evidence. A copy of the summarv of the evidence in support of the prosecution is also enclosed but you should note that while this document summarises the most material points in the witnesses' evidence, it does not profess to contain all the details which the witnesses may give in evidence.

You are entitled but are not obliged to give evidence on your own behalf. If you wish to do so, you should make a request in writing at the appropriate time. If you do give evidence, you will be liable to be cross-examined by the prosecutor and examined by the court. If you do not wish to give evidence on oath, you may, without incurring liability to be cross-examined, make an unsworn statement as to the facts without going into the witness box.

j^O THE GAZETTE OF INDI \ FX TRAORDINARY [PART I I-

If you will furnish me in writing with the full names and addresses of any wit- nesses whom you may desire to call and whose attendance can reasonably be pro- cured including witnesses as to character, they shall be duly summoned to attend on your behalf.

Should you wish any documents not in your possession which you consider to he material evidence in the case, to be produced at the trial you should send me full particulars so that the necessary arrangements can be made.

You are requested to inform me of the name of any officer or counsel whom you may have asked to assist you at the trial or say if you wish to have an officer assigned by the convening authority to assist you.

Your attention is drawn to regulation 172 of the Navy (Discipline and Miscel- laneous Provisions) Regulations, 1964 setting forth the rights of the accused in the matter of preparation of defence.

**(Ifyou wish to lay any certificate before the court they should be abstracted on the attached form and the original certificates and the abstract handed to me in court).

Signature

(Trial Judge Advocate)

Tol,

••Applicable to officers only .

FORM NO. 16

NOTICE TO THE PROSECUTOR

(Set Regulation 170)

I am to inform you that

(Convening Authority)

has ordered

(the full name and designation of the President of the Court-Martial)

of Indian Naval Ship Court-Martial at on

to assemble a on board (time) (date)

Indian Naval Ship

to try on shore at Indian Naval Ship (name of the accused)

on the charge preferred against him on the

(date of the charge sheet)

Stc. 1J TITL cAZET;.]', OI< INDIA EXTRAORDINARY

I 3i

(a) It is requested that certified copies of any entries against the Officer in the log, and of any cither documents of the nature of definite censure by superior authority for a definite offence, may be forwarded to me, and that the Ship's Log and the original documents or true copies thereof duly certified by the Commanding Officer may be produced in the Court,

(b) It is requested that the

(documents required if any) and the accused's Service Certificate, may be produced in the Court.

Dated

(Trial Judge Advocate) To

(") To be used if the accused is an officer. O⁵) To be used if the accused is a sailor.

FORM N O. 17

FORM FOR I N T I M A T I NG DEFENCE WITNESSES TO T HE TRIAL JUDGE ADVOCATE BY T HE ACCUSED

[See Regulation 178(2)]

I.N.S Dated 19 .

I have received a copy of the charges against me, with the circumstantial letter dated a list of witnesses for the prosecution, and a summary of evidence in support of the charges.

I note that I can give evidence on my own behalf, but that in that event I am liable to cross-examination by the Prosecutor and examination by the Court.

of I.N.S

will act as my defending officer/defence counsel.

I wish to call the following witnesses on my behalf :—

SHIP NAME (Christian and Surname in full)

RANK OR RATING, and Official Number

Signature Rank/Rate

0. No

The Trial Judge Advocate

I 32 THE r,A7ETTF OF INDIA £XTRAORr)TN\RY [PART I I-

FORM No. T8.

ORDER OF THE COURT AND REPORT OF NAVIGATION DIRECTION AT TRIAL ON NAVIGATIONAL CHARGE

(See Regulation 183)

Trial by Court-Martial of

Indian Naval Ship

ORDER OF THE COURT

* of I.N.S

of I.N.S

You are handed herewith the following books, charts! etc., in connection with the stranding/hazarding/loss of I.N.S. on the

(a) Ship's log (b) Rough and fair engine room registers

(c) Control room log (d) Last table of compass deviations (e) Navigational data book (/) Gyro Compass Log (g) Captain's night order book (h) Navigating Officer's night order book

(t) Navigating Officer's note book (j) Navigating Officer's woik book (k) Navigating Officer's sight forms (I) Wheel and engine order book (in) Chart(s) and sailing directions by which ship was navigated.

2. You are to ascertain and report to the court—

(a) whether the proper charts, sailing directions relevant hydrographic publications and all hydrographic notices bearing on the case had been supplied; if so, whether they had been used and whether the charts and publications used had been corrected by the latest received cor- rections thereto. You are to state whether the largest scale chart of the area was in use at the time of the occurrence.

(b) when and how the last reliable fix of the ship's position was obtained before the occurrence and whether the courses steered and the distances run through the water in the interval were accurately ascertained and correctly recorded in the ship's log.

fee. 4] THK GAZETTE OF INDIA EXTRAOROJNARY 1^3

(d) what degree of reliance can be placed on the deviation of the standard compass and on the accuracy of the gyro-compass; which compass was in use and whether the error (if any) of that compass was accurately ascertained and correctly applied.

3. You are to work up the ship's reckoning from the log, engine room registers, etc. from the time when her position was last accurately ascertained (or from such a time and with such details as the court may require) to** the result is to be delivered to the court, attested by your signatures and you will be sworn and be subject to cross-examination as to its accuracy. With your report you are to deliver to the court a copy of tracing*** of the chart by which the ship was navigated on which the positions of the ship so determined have been laid off and also the determined position when aground or in danger as noted in the log. The rate and direction of the current and of the tidal stream and the state of the tide when ship**—• • are to be ascertained and reported.

4. Your report to the court is to be made on the form attached.

Given under my hand at this day of 19

(President of the Court) (This order is 10 be read to the officers in court and then handed over to them for compliance. They are to return it to the court with their report and it is then to be inserted in its proper place in the record of proceedings).

NOTES :—* Insert name(s) of officcr(s) directed in accordance with regulation 183

**Necessary details to be inserted by the President. ***This should wherever possible be done on tracing paper which can be placed over the actual chart used.

REPORT TO THE COURT BY THE NAVIGATION DIRECTION

OFFICERS

Questions

Answers

1. Were the proper charts, sailing di- rections, relevant hydrographic publi- cations and all hydrographic notices bearing on the case supplied to the ship ?

2. Have you examined the charts and publications stated to have been in use at the time of the occurrence ?

3. Were such charts and publications amended by the latest received cor- rections thereto ?

! 34

'HE GA/FTTE Ol INDIA EXTRAORDINARY [PART I I-

Questions

Answers

4- Was the largest scale chart of the area in use at the time of the occurrence and does it appear that full use had been made of the appropriate publications ?

5- When and how was the last reliable fix of the ship's position obtained before the occurrence ?

6. Were the courses steered and the dis- tances run through the water between the time of the last reliable fix and that of the occurrence accurately as- certained and correctly recorded in the log ?

7- Were the regulations as to sounding carefully observed ?

8. Were the regulations as to ascertaining and recording the errors of the compass observed ?

9- Have you inspected the gyrocompass log or the navigational data book and latest deviation table, in order to as - certain the degree of reliance which can be placed on the compass correc- tion used ?

IO. Do you consider such degree of reliance satisfactorily ?

I I.

1 2.

Which was in use, the gyrocompass or magnetic compass ? Was the error of that compass (if anyN correctly applied ?

13- Have you worked up and placed on the chart/tracing the ship's dead reckon- ing position computed from the time of the last reliable fix of her posi- tion ?

14. Have you worked up and placed on the chait/tracing the ship's estimated posi- tion computed from the time of the last reliable fix of her position ?

SEC, 41 I HE GA7EI7E OF INDIA EXTRAORDINARY 135

Qiicstiohs

Answers

15- Was any allowance for the effect of the wind and sea made in computing your estimated position ?

16. In making your computations have you made use of any data which w as not available in the ship ?

17- What were the rates and directions of the trial streams or currents : (a) actually experienced, i.e., the difference between D. R. and actual position at the time of the occur- rence ?

(b) as estimated by you ? (c) as actually allowed for in the ship ?

18. What was the state of the tide when the ship ?

Date

(Signature and Rank of officers)

(This report is to be read to the court by the trial judge advocate. If the court concurs, the report is to be endorsed by the president as ' approved¹. If the court does not concur, a statement signed by the president is to be added showing in what respects and for what reasons the court dissents from the report.

The report together with any statement by the court is then to be inserted in its- proper place in the record of proceedings).

FORM NO. 19

MINUTES OF PROCEEDINGS

{See regulation 190)

(Note : The minutes should be recorded in the following form as far as pos-

sible with such variations as are necessitated by the circumstances of each case.)

Minutes of proceedings at a couri-martial held on board I.N.S.

) at on day of

on shore at or the trial of of I.N.S.

!3 6 DIE GAZETTE Ol' INDJ\ EXTRAORDINARY [PART I I-

Officers summoned to sit on court-martial :—

Captain A.B.C., I.N.S Commander D.E.F., I.N.S. . . ..

Commander G.H.I., LN.S Commander J.K.L., I.N.S

Lt. Cdr. M.N.O., I.N.S Lt. Cdr. P.Q.R., I.N.S

President

Member

Spare Member

Lt. Cdr. S.T.U., l.N.S

The court as finally constituted :—

Captain A.B.C., I.N.S Commander, D.E.F., I.N.S. Lieut. Cdr. P.Q.R., I.N.S

President

Member

, Trial Judge Advocate

Mr Officer of the court

The President declared the court open at 0902,

The accused of I. N. S was brought in

by Provost Marshal.

Mr Advocate appeared in court to assist the accused.

The Prosecutor, Commander of I . N .S

and the audience admitted.

The trial judge advocate read out the warrant for assembling the court and the names of officers exempted from attending undor sub-section (20) of section 97 of the Navy Act, 1957 tog-ther with th; reason¹) for such exemption, (here insert the court-martial warrant and the list of officers forwarded by the convening authority to the President) (Form ).

The trial Judge Advocate read out the names of the officers composing the court.

The Prosecutor on being asked whether he objected to any member of the court stated that he had no objection.

The accused on being asked whether he objected to any member of the court stated that he objected to Lieutenant-Commander, M.N.O. on the ground that he had previously sat on a Board of Inquiry held to investigate the incident from which the court-martial had arisen. He also stated that he had no objection to the other member of the court.

The court was cleared to consider the objection.

On re-opening the trial Judge Advocate announced that the court has upheld the objection. Lieutenant-Commander M.N.O. withdrew and Lieutenant-Com- mander P.Q.R. took his seat as member of the court.

Src. 1] H IE CA/E1TF. Ol- INDIA EX FRAORMNARY 137

The Prosecutor on being asked whether he objected to court as now constituted

stated that he had no objection.

The accused on being asked whether he objected to the court as now constitu-

ted stated that he had no objection.

The accused on being asked whether he had tiny further objection respecting

the constitution of the court stated that he had no objection.

The President and Members of the court and the trial Judge Advocate were then

duly sworn.

The accused on being asked whether he objected to Mr as Shorthand Writer stated that he had no objection was duly sworn to act as Shorthand Writer.

The trial Judge Advocate read the iirst charge to the accused and asked him

whether he pleaded guilty or not guilty.

The accused pleaded not guilty. The trial Judge Advocate read the second

charge to the accused and asked him whether he pleaded guilty or not guilty.

The accused pleaded guilty.

The trial Judge Advocate then explains to the accused the precise meaning of the charge in the following words and pointed out the difference in procedure which would result from the plea of guilty.

The trial Judge Advocate considered that the accused should not plead guilty

and he advised him to withdraw his plea. The accused withdrew his plea.

The Prosecutor opened his case by reading the circumstantial letter and addressed the courr further as follows (here insert the circumstantial letter and a record of the Prosecutor's opening speech) :—

(NOTH. —The evidence of each witness should commence on a fresh page.

The questions and answers must be numbered serially throughout.)

Lieutenant of I.N.S. was

called, sworn and examined by the prosecutor.

Examination-in- Chief

1. Q. Are you Lieutenant of I. N. S. ?

A. Yes.

2. Q. What are your duties in the ship ?

A. I am the Supply Officer.

3. Q. Do you know the accused by sight?

A- Yes. He is sitting over there (witness here pointed at the accused).

ig8 THF GVZE1 IE OK IN11IA FX 1 R ^ORDINARY [PART Tt-

4. Q. Have you examined the books of your ship ? Do you find that the accused is borne on these books ?

A. Yes.

5. Q. Were you on the quarter deck of T.N.S. about 0900 on ist January 19 ?

A. T was.

6. Q. Please tell the court what happened about that time?

A. I was standing at the starboard side on the quarter deck. Then Petty Officer A and the Accused came on board . I thought that he . . ..

By trial judge advocate

7. Q. You must not tell the court what you thought. Please try to confine your evidence to describing what actually happened

Witness : The accused went up to the officer of tho Watch.

8. Q.

9. Q. A.

Cross-examined by Defence counstl

10. Q.

11. Q. A.

Re-examined by prosecute}

12. Q.

13. Q- A.

Examined bv Com 1

14. Q. A.

15. Q. A.

SEC 4] THE GA/ET11E OF INDIA. EXTRAORDINARY 13^

Examined by trial Judge Advocate

16. Q. A.

17. Q. A.

Witness withdrew.

Second unities*,:—Lieutenant called, sworn and examined by the Pro- secutor.

18. Q. Are you Lieutenant of I.N.S. ?

A. Yes.

19. Q. What were your duties on day of 19 ?

A. I was Officer of the Watch.

20. Q. Do you recognise the accused ?

A. Yes.

21. Q. Was he brought before you on ?

A. Yes.

22. Q. Why was he brought before you ?

A. It was reported that he struck Petty Officer,

23. Q. In the course of your investigation did you question the accused?

A. Yes.

24. Q. Before questioning him, did you give him any caution ?

A. Yes. I warned him as follows:—

25. Q. What was his reply ?

A. The Defence counsel objected to this question as being inadmissible. The trial judge advocate considered it desirable that arguments and evi- dence as to the admissibility of the evidence sought to be adduced by the prosecutor should not be heard in the presence of the court. He thereupon so advised the President of the Court.

The President:—-I consider that it would be convenient for the court to retire:

The President and members of the court then left the court room.

The counsel for the accused stated that the question asked was for the purpose of eliciting the alleged confession of the accused. He objected to the confession being admitted, as it was not free and voluntary. The trial judge advocate informed the prosecutor that he must adduce evidence in the first instance to show tfiat the statement was free and voluntary.

140 THK CAZEfTE OF INDIA EXTRAORDINARY [PARI I I-

Examination by the Prosecutor

26. Q. A.

Cross-examination by defence'counsel

27. Q. A.

Examination by trial judge advocate

28. Q. A.

The trial judge advocate held that the confession was not admissible. The court re-assembled.

By trial Judge Advocate ; I have disallowed the question, Prosecutor will continue his examination-in-Chief.

Examined bv Prosecutor

29. Q. A.

Cross-examined by defence counsel

30. Q. A.

Re-examined b\> Prosecutor

31. Q. A.

Examined by Court

32. Q. A.

Witness withdrew.

Examined bv trial judge advocate

33- Q- A.

The evidence of other witnesses is to be recorded in similar form. Prosecution closes its case. The trial judge advocate to the accused

You may give evidence as witness on your own behalf. Should you desire to do< so, you should make a request in writing to do so but you must remember that you will thereby render yourself liable to cross-examina- tion. If you do not wish to give evidence, you may make a statement as to the facts of the case.

[

The defence counsel submitted that the accused wished to give evidence on oath and he accordingly submitted an application duly signed by him and the accused. (Here insert the application.) j

ire. 4] 1HK, (.A/M'F (_>!• INDIA FK I RAORDlNAliV

i'^J

The accused—sworn and examined by defence counsel.

Examination-in-Chief

H Q-l A.

Cross-examined by Prosecutor

"5- Q- A.

Re-examined by defence counsel

36. Q. A.

Examined bv court

37- Q- A.

Examined by trial judge advocate

Defence Counsel.—I have no other witness

The¹ accused had no other witness. (If the accused has witnesses, they are to be examined here. Thereafter, the accused friend must sum up the case and prosecutor must reply.)

The Prosecutor summed up the case as follows:—

The Defence Counsel replied as follows:—

The trial judge advocate proceeded to sum up the case as follows:—

The court cleared for the finding.

The court re-assembled at at on 19 Trial judge advocate to the court:

38. Q. Mr. President, Sir, what is the finding of the court on the first charge ?

39. Q, What is the finding of the court on the second charge?

The trial j udge advocate then drew up the finding.

The defence counsel made a submission in mitigation of punishment.

The defence counsel called as witness to give evidence of general character.

't'rtfc GAzfelTfi OF INDIA liXTRAORDINARY [PART 11- j i2

Examination-in-Chief

4°. Q- A.

First examined by prosecutor. Re-examined by accused. Examination by defence counsel. Examination by court. Examination by trial judge advocate. The trialjudge advocate read the entries against the accused in the Conduct and Offences Record Sheet and a Certificate of Service.

The court was cleared to consider the sentence. On re-opening the President directed the trial judge advocate to pronounce the sentence.

The trial judge advocate pronounced the sentence as drawn up by the court The President ordered the accused to be removed and dissolved the court.

FORM NO. 20

ABSTRACT OF CERTIFICATES

[See regulation 192(3)]

ABSTRACT of the Certificates of

of Indian Naval Ship

Signed by

Ship Rank Period served During which period he has conducted himself

From To

Trial Judge Advocate.

SEC. 4] THE OAZEl V Ol ]M)IA KXTRAORDINARY ^3

FORM No. 21

ORDER FOR BOARD OF INQUIRY

(See regulation 200)

From At Data To

j ORDER FOR BOARD OF INQUIRY

^You are hereby required to assemble in

, the

at „. on day of

, 19 , as a board of inquiry whereon is to be the president and to hold a full and careful investigation into the circumstances of

2. Your report is to be accompanied by the minutes of the evidence taken verba- tim and is to contain an expression of your opinion on the merits of the case as disclosed by the evidence; it is also to state fully to whom, if to any person, blame is attributable, and to what extent.

3. The questions in the minutes are to be numbered in one series throughout, and the minutes as well as the report, are to be signed by the president and members of the board. The name of the witness under examination is to be noted at the head of each page copies of the report and minutes are to be furnished.

4. Before submitting the minutes and report, you are to see that all papers (or copies of them, if originals are not available) referred to in the proceedings of the board accompany the original and all copies of the minutes, and that the regulations regarding the preparation and submission of the minutes have been fully complied with.

^5. Any other matter which arises from the proceedings and which the board consider should be brought to the notice of the convening officer is to be made the subject of a separate report.

6. You are to be guided by Chapter VII of the Navy (Discipline and Miscella- neous Provisions) Regulations, 1964 and Navy Orders issued on the subject from time to time.

is to arrange for the attendance of such witness as may be

required to be examined by the board.

is to arrange for the presence during the inquiry of a

confidential stenographer and for provision of the necessary stationery.

9. All relevant papers are herewith handed to the president of the board who is to return them with the minutes in due course.

Signature of convening officer.

f44 THE GA/F.TTE OF INDTA EX I RAORHINARY [£ART 1 1-

FORM NO. 22

FORM FOR FORWARDING MINUTES OF PROCEEDINGS OF BOARD OF INQUIRY, DISCIPLINARY COURT ETC.

(See regulation 208)

PROCEEDINGS of a(")

assembled at on the „ by order of for the purpose of (b)

' 1 '. *

Presiding Officer :

Members : 1

•

Sir,

I have the honour to submit the findings, recommendations and the minutes of proceedings of the abovementioned(")

together with various exhibits. The convening order No dated

is also enclosed herewith.

Signature

Rank

• • • • • t • • •'

Srr. JJ Till", GA/ET' L Ol' INDIA V\ I R ^ORDINARY 145

PART II

REMARKS OF THE ADMINISTRATIVE AUTHORITY ON THE

REPORT OF (•)

Signature

Dated Rank

Appointment

r l' The Chief of the Naval Staff.

PART III

ORDERS OF THE CHIEF OF THE NAVAL STAFF

Signature

Dated Rank

(") Here put the nature of the board, court, committee, etc. (this form is use 1 for forwarding the proceedings of board of inquiry, disciplinary zourt, or any other such body.)

(t) Here state the purpose as contained in the convening order.

FORM NO, 23

FORM FOR SUMMONING WITNESSES REQUIRED TO GIVE

EVIDENCE BEFORE A BOARD OF INQUIRY [See regulations 204 and 233 and Section 134(2)]

WHEREAS

has ordered a board

of inquiry to assemble at on day of 1 9 . . . ., and whereas it appears your evi- dence is likely to be material ("and that you have in your possession and control certain documents which are listed on the reverse and which are also material) for the said inquiry, I do hereby, by virtue of the power given to me under Section 134(2) of the Navy Act read with regulation 233 of the " Navy (Discipline and Miscellaneous Provisions) Regulations 1964", summon and require you to appear before the said board on the day of 19.... at (and also to produce the said documents) and so to attend from day to day until you shall be duly discharged; wherein you fail at your peril.

Given under my hand at this day of

19 "

Signature Rank Appointment

IA6 THE GAZETTE OF INDIA EXTRAORDINARY [PART I I-

FORM NO, 24

SUMMONS FOR WITNESSES REQUIRED TO GIVE EVIDENCE BEFORE OFFICER PREPARING A SUMMARY OF EVIDENCE.

[See section 134(2) and regulation 233]

Whereas a charge of having committed an offence triable by a court-martial has been preferred against

And whereas a summary of evidence has been directed to be taken by

I do hereby, in exercise of the powers conferred on me by section 134 of the Navy Act, 1957 require you to attend before the said

and so to attend from time to time as directed by hirnjuntil you shall be duly discharged; wherein you shall fail at your peril.

Given under my hand this day of 19 .

(Signature)

Senior Officer at the Station.

FORM NO. 25

SUMMONS FOR WITNESS REQUIRED TO GIVE EVIDENCE BEFORE A COMMANDING OFFICER

[See Section 134(2) and regulation 233]

Whereas the Commanding Officer, I.N.S

is investigating a complaint against

(rating), Official Number and it appears that you are likely, to give material evidence in the matter, I do hereby, in exercise of the powers con- ferred on me by section 134 of the Navy Act, 1957, require you to attend before the Commanding Officer, I.N.S on day of ,19 , at forenoon to testify what you know concerning the matter and not to depart thence without the leave of the Commanding Officer; wherein you shall fail at your peril.

Given under my hand this day of 19

(Signature)

Judge Advocate General of the Navy/

Senior Officer at the Station,

SEC. 4] THE GAZETTE OF INDIA EXTRAORDINARY 147

FORM NO. 26

SUMMONS FOR WITNESSES REQUIRED TO GIVE EVIDENCE BEFORE A COURT-MARTIAL

(See regulation 233)

(Witnesses subject to naval law)

of I.N.S.

A court-martial having been summoned to assemble on board (on shore at

) at

on the day of 19 , for the trial of

of Indian Naval Ship . You and each of you arc hereby required to attend at the sitting of the court on the day at the time above- mentioned.

It is requested that this document may be signed by each witness and returned to me.

Given under my hand at this day of 19 •

Signature

(Trial Judge Advocate)

(Note.—The names of any number of witnesses belonging to the same ship may be included in a summons in the above form.)

!48 THE GAZETTE OF INDIA EXTRAORDINARY [PAST J l-

FORM N O. 27

SUMMONS FOR WITNESSES REQUIRED TO GIVE EVIDENCE BEFORE

A COURT-MARTIAL

{See regulation 223)

(Witnesses not subject to naval law)

Whereas a court-martial has been ordered to assemble on board Indian Naval Ship (on shore at ) at on the day of 19 for the trial of

of Indian Naval Ship

on charges of and whereas it has been stated to me that your evidence will be material (and that you have in your possession and control certain documents which are also material for the trial and determination of the matter to be brought before the court), I do hereby, by virtue of the power given to me by the Navy Act, 1957 summon and require you to attend at the sitting of the said court on the day of 1 9 . . .. at O" clock (and to bring with you the documents hereinafter mentioned namely, M , ) and so to attend from day to day until you shall be duly discharged; and you are hereby required to obey this summons on pain of the penalties de- clared by the said Act.

Given under my hand at this day of

Signature

(Trial Judge Advocate)

SEC. 4] THE GAZET1 f. OF INDIA EXTRAORDINARY

1 49

FORM NO. 28

WARRANT FOR ARREST

(See Section 83)

and all others whom he may call upon to assist him in the execution of this warrant.

,.. being the ".

officer in command of Indian Naval Ship" do hereby authorise you^ and all others aforesaid, to arrest

I belonging to the said V Ship, for 1

such being an offence against the Navy Act; and you are to bring the said:

on board the said Ship or some other Indian Naval Ships5 to answer for the said offencej and to be further dealt wih according to Law.

Given under my hand this day of 19

Signature Designation

To be despatched when required.

DESCRIPTION OF DESERTERS OR ABSENTEES

Name . - . . Official Number . . Rate Date of birth Date of Desertion or absence Usual place of residence .

Description— Height Complexion , Hair Eyes . . . Marks on person . .

Warrant for apprehension issued to the Police at . .

Remarks, including any indication as to probable whereabouts of the absentee. . ..

I.N.S.

Commanding Officer,

To be Detached when not required.

J50 THE GAZETTE Or INDIA EXTRAORDINARY [PART I I-

FORM NO. 29

WARRANT OF INTERIM COMMITMENT UNTIL EXECUTION OF THE SENTENCE OF DEATH (See section 148)

The Superintendent (Keeper) of the Jail,*

„ at"

The Captain, Naval Detention Quarters. WHEREAS at a court-martial held on day of

19 Name

*Ex-Rank or Rate

*Ex-Official Number (if any) of Indian Naval Ship was duly convicted of the offence/s under , of the Navy Act, 1957 (Indian Penal Code) and sentenced to suffer death subject to the confirmation of the said sentence by the Central Government; this is to authorise and require you, the said to receive the said into your custody in the said jail*/ detention quarters together with this warrant and him to keep until you shall receive The further warrant or order of the Chief of the Naval Staff */Convening Authority for carrying into effect the said sentence or otherwise.

Given under my hand and the seal of my office, this day of..

Seal

Signature Designation

*Delete as necessary.

FORM NO. 30 WARRANT FOR EXECUTION OF A SENTENCE OF DEATH

(See section 149)

The Superintendent of Jail WHEREAS Name of the Prisoner (°) Ex-Rank or Rate

(") Ex-Official Number (if any) of Indian Naval Ship was tried by court-martial on and sentenced to death and has been by warrant dated committed to your custody;

and to AND WHEREAS the order of the Central Government confirming the said sentence has been received which order is annexed hereto, this is to authorise and to carry the said sentence into require you the said execution by causing the said to be hanged by the neck until he be dead at (* ) ( a) or be shot to death at ( * ) return this warrant to me with an endorsement that the sentence has been executed. Given under my hand and the seal of my office this day of

Seal

Signature Designation

( fl ) Delete as necessary. ( *) Time, date and place of execution.

SEC. 4] THE GAZE'n E OF INDIA EXTRAORDINARY

1 5l

FORM N O. 31

ORDER FOR TRANSFER OF PRISONER OR PERSON UNDER DE-

TENTION

(Sec section 154)

By WHEREAS at a court-martial held on board

at on

19 . . . .,

of Indian Naval Indian Naval Ship* on shore at the day of Name " *Ex-Rank/Rate *Ex-Official Number (if any) Ship

, was found guilty of offences under section/s

, and sentenced to be

AND WHEREAS I deem it expedient that the said

who is now confined under the said sentence in the at shall be delivered over to naval custody for the purposes of attending a court-martial to be held at on the day of 19

I do hereby require and direct you to deliver over the said

to naval custody for the purpose aforesaid.

Dated on board Indian Naval Ship at this

day of 19

Signature

Designation

*Delete as necessary.

FORM NO. 32

ORDER FOR RETRANSFER OF PRISONER OR PERSON UNDER DE-

TENTION

(See section 155)

WHEREAS by an order dated

Name Ex-Rank or Rate *Ex-Official Number (if any) of was ordered to be delivered into naval custody and has been in naval custody for the period days and whereas he is no longer to be detained in such custody, I do hereby require and direct you to receive him in your custody for undergoing the remainder of the punishment until he shall be delivered in due course of law.

Signature

Dated Designation To

•Delete as necessary.

Te2 THE GAZETTE OF INDIA EXTRAORDINARY (FAKT II—

FORM NO. 33

WARRANT FOR REMOVAL OF INSANE PERSONS

(See section 156)

WHEREAS (Name)

*Ex-Rank/Rate *Ex-Official Number (if any)

is undergoing imprisonmenf/detention under the Navy Act, 1957 and has become insane in witness whereof a certificate has been given by

the Central Government hereby directs that the said

be removed to

for the unexpired term of his imprisonment or detention or until further orders are given thereon by the Central Government.

Seal Signature

Dated Designation

*Deletc us necessary.

FORM NO. 34

FORM FOR RETRANSFER OF THE PRISONER TO THE JAIL OR DE TENTION QUARTERS (See section 156)

Keeper of ( ")

WHEREAS (Name)

(b )Ex-Rank/Ratc (b) Ex-Official Number (if any) was transferred to( •)

by order dated AND WHEREAS in accordance with the certificate issued by

to be removed to(c )

he has been certified to be of sound mind, the Central Government hereby orders the said .to undergo the remainder of his punishment and this warrant shall be sufficient authority for keeping the said in the said jail( * )/detention quarters until he is delivered in due course of law.

Signature

Seal Designation

Dated

(") The name and place of the Asylum. ( * ) Delete as necessary. ( • ) Full description of the Jail or Detention Quarters.

APPENDIX H

I—CRIMINAL PROSECUTION OF AN OFFENDER IN CIVIL COURT IN CASES IN WHICH THE INDIAN NAVY IS DIRECTLY INTERESTED

j I—DEFENCE OF SAILORS CHARGED WITH CRIMINAL OFFENCES

( 153 )

3EC. 4] THE GA£ETIE OF INDIA, EXTRAORDINARY

i jr

Al'PENDIX IT

(See regulation 126)

CRIMINAL PROSECUTION OF AN OFFENDER IN CIVIL COURT IN CASES IN WHICH THE INDIAN NAVY IS DIRECTLY INTERESTED

In cases in which the Indian Navy is directly interested financially or otherwise in the Prosecution of an offender in a Civil Court (whether sub- ject to the Navy Act, 1957 or jiot), the following procedure shall be followed:—

(a) either the Solicitor of the State Government where the accused is prosecuted should be employed, or, when the prosecu- tion is directly controlled from Naval Headquarters, the Solicitor to the Government of India, who will if necessaiy, take further advice from the Advocate General, or the Government Advocate, according to the State in which the prosecution is being conducted; and

(b) no prosecutions shall be instituted without adequate legal advice being taken in writing, and that no prosecution shall be instituted or withdrawn in any manner contrary to such legal advice without reference to the Central Government.

2. In such cases, the prosecution will ordinarily be conducted by the Public Prosecutor, the prosecuting staff of the Police Department, the Gov- ernment Pleader or other Legal Officer of the State Government concerned, in which case the expenses of the prosecution will be defrayed by the civil authority in the ordinary course.

3. When, however, the employment of a Government Pleader or other Legal Officer of the State Government concerned is not feasible owing to the nature of the case, or for other reasons, and the Government Law Officer, who is consulted, advises the employment of special counsel, the fees, travelling and detention allowances of the latter may, on the advice of the Government Law Officer concerned, be sanctioned by the Chief of

1^6 THE GA7ETTE OF INDIA EXTRAORDINARY [PART l i-

the Naval Staff who formally engages counsel. The Chief of the Naval Staff is also empowered to meet expenditure on court fees, process fees, and the like, on a requisition to be made by the Advocate General, Gov- ernment Pleader, Government Solicitor or other law officer or counsel concerned.

4. The amount of fees agreed upon shall immediately be reported to the Central Government together with an estimate of the tolal cost involved. On conclusion of the case, a report of the result and a complete statement of costs shall be forwarded to the Central Government.

DEFENCE OF SAILORS CHARGED WITH CRIMINAL OFFENCES

5. The following are the rules for the defence of sailors charged with criminal offences, and prosecuted by Government in Civil Courts:—

(a) When sailors are to be tried by a Civil Court upon any crimi- nal charge, the Chief of the Naval Staff or the Administrative Authority shall consult the District Magistrate and arrange with him for the selection and lemuneration of a pleader or advocate as the importance and necessities of the case may require.

(b) Except in cases in which the Central Government are interested, the maximum amount that may be paid to the pleader or advocate is—

(i) Rs. 100 for each day that he appears in the case, on behalf of one or more accused before a High Court or Sessions Court, or

(ii) Rs. 50 for each day that he appears in the case, on behalf of one or more accused before any other court.

These amounts include expenses of every description which coun- sel may incur.

(iii) In a joint trial, when the Chief of the Naval Staff or the Administrative Authority is satisfied that the accused requires different lines of defence, he may authorise the separate payment of fees for each accused so defended.

(c) The Chief of the Naval Staff or the Administrative Authority as the case may be, shall appoint a pleader or advocate only in cases where he thinks it desirable. The amount to be paid to counsel shall definitely be settled beforehand,

MC. 4] THE GAZETTE OF INDIA EX1RAORDINARY 157

subject to the above maxima. If suitable counsel cannot be obtained for the remuneration admissible under these rules, the case shall be reported to the Central Government with a view to their orders being obtained thereon.

(d) In High Courts in which counsel may not plead unless in- structed by a solicitor, a solicitor may be employed and his bill of costi, which should include counsel's fees [subject to the restrictions laid down in clause (b) above] shall be submitted to the Legal Remembrancer of the State Govern- ment and his certificate obtained that the amount of the bill is reasonable before it is submitted for the orders of the Government.

(e) When counsel is rightly provided for the defence of a sailor at the first trial in a civil court, counsel can also be provided when considered necessary on appeal, subject to the limita- tions laid down in clauses(b) and (c) above

158 THE GAZETTE OF INiJIA EXTRAORDINARY [PAWT I I-

APPENDIX III

A NOTE ON CEREMONIAL IN CONNECTION WITH A COURT-MARTIAL

(See regulation 175)

The ceremonial which accompanies the assembling of a court-martial and during its proceedings is not, strictly speaking, a part of the actual trial and a deviation therefrom shall not affect the validity of the proceedings. All persons concerned with naval court-martial shall, however, strive to maintain a tradition which has for its object the maintenance of the dignity of the court and the retention of the supremacy of the rule of law.

2. Preliminary Ceremonial.—(a) The National Flag shall be hoisted whenever a court-martial is sitting or is about to sit. It shall be worn at the peak or at the yardarro as appropriate.

(b) On the day on which a court-martial is to sit a gun shall be fired when colours are hoisted, or at the time when the signal is made, if the court is ordered to sit immediately.

(d) If the court sits for more than one day, the National Flag shall be hoisted and a gun fired each day when colours are hoisted.

(e) The National Flag shall be hauled down when the court adjourns for the day.

(f) Instructions for firing the court-martial gun shall be issued by the convening authority. It shall normally be fired by the ship in which the court-martial is to be held, but if this is not practicable for any reason, the gun may be fired by any ship or shore battery in the vicinity.

(g) Captain and Commanders while attending as members of a court- martial, shall be received by a petty officer's guard, but such guard shall present arms only to the president of the court. Members below the rank of Commander shall not be received by a guard.

(h) Instructions for provision of guard when not paraded by the ship in which the court is being held, shall be issued by the convening authority.

(i) Between hours of colours and sun-set, the side shall be piped to the members of Court-Martial proceeding to attend or returning from the court, while coming on board or leaving any of the Indian Naval Ships.

SEC- 4] THE GAZETTE OF INDIA EXTRAORDINARY 159

(j) Officers attending as members of a court-martial shall ensure that they arrive before the president of the court in order that they may be present to receive him on his arrival.

(k) The trial judge advocate shall receive the president at the entrance of the court room and then introduce the other members of the court to him.

3. (a) The president and members of the court shall assemble and take their seats while the spare members shall stand at one end of the court table.

(b) The members shall sit in order of seniority, the officer next senior to the president sitting on his right, the next senior on his left and so on.

(c) Members of the court shall assemble with their caps on and shall not remove them until the president is about to be sworn. All Service personnel present in the court shall follow the motions of the court in the matter of wearing and removing caps. Officers under instruction shall be admitted when the court assembles.

{d) The trial judge advocate shall sit on a table placed on the left hand of the court table but on the same level with the court where there is a raised platform.

(e) Facing the court table, two tables shall be placed, one for the accused and the defending officer or counsel and the other for the prose- cutor. The accused's table may convenienily be on the left hand side of the president and the prosecutor's table on the right hand side. The witness box may be placed on the right hand side of the court table.

(f) The short-hand writer shall sit immediately below the court where there is a platform for the court to sit, otherwise in a place near the trial judge advocate.

(g) A bell or a buzzer may be made available to enable the president or the trial judge advocate to summon the officer of the court.

4. The officer of the court shall report to the president whether all wit- nesses are in attendance. The president, when he is ready to declare the court open, may summon the officer of the court and ask for this report.

5. fa) The president shall declare the court open and direct that the accused be brought in. The accused shall be brought in by the provost marshal.

(b) The provost marshal shall carry a drawn sword while eseorting the accused in and out of the court. He shall, however, "return" the sword when the accused takes his seat. If the accused himself gives evidence, the

jgo THE GAZETTE OF INDIA KXTRAORDINARY [PAKI' I I-

provost marshal shall accompany him to the witness-stand and stand at attention behind him while he gives his evidence. If this is likely to be protracted, the president may allow the provost marshal to be seated in close proximity to the accused in which case he may "return" the sword while he is sitting. The provost marshal shall generally follow the move- ments of the accused in the matter of standing or sitting and taking off or wearing his cap.

NOTE.—The provost marshal cannot take off his cap when he has a drawn sword.

(c) The accused, if he wears a cap, shall remove it when the president is about to take the oath. He shall remain standing until the president gives him permission to sit. This shall usually be done after the plea, or after a plea in bar of trial, if any.

(d) If the accused is an officer and wears a sword, his sword in his scabbard shall be laid on the table opposite to the president so that neither the hilt nor the point is towards the accused.

(e) The officer of the court shall follow the accused in the court and shall ask him for his sword and place it on the court table.

6. (a) The defending officer or the counsel for the accused shall follow the accused in the court. The trial judge advocate shall announce his name to the court.

(b) The defending officer shall follow the motions of the court in the matter of wearing his cap. On entering the court he shall salute the president and may then take his seat.

(c) If the accused is defended by a counsel, he shall wear his robes. On entering the court he shall bow to the president and then take his scat.

7. The prosecutor and his assistant, if any, and the audience shall then be admitted. If he is a Service Officer, the prosecutor shall salute the court and take his seat. If he is a counsel, he shall bow to the president and then take his scat.

8. (a) The trial judge advocate shall read trom his seat the warrant for assembling the court.

(b) The president to whom the warrant has been issued by the con- vening authority shall bring this document to the trial. The trial judge advocate may obtain from the president the original copy thereof before the commencement of the court.

SEC. 4J I HE GA/ET1E OF INDIA EXTRAORDINARY

i61

9. The trial judge advocate shall then read the names of the officers available to form, the court and shall ask the prosecutor and then the defence whether they object to anyone of them. The names of the spare members shall not be read. Objections, if any, shall bo disposed of in accordance with the provisions oi section 102 of the Navy Act-

10. After the objections, if any, have been duly disposed of, the trial judge advocate shah announce : 'kThe court has been duly constituted. Gentlemen, off caps, if you please,¹'

11. (a) The trial judge advocate shall then administer oath or affirma- tion to the president and the members.

(b) When the oath is being administered, the president or the member concerned and the trial judge advocate shall stand in their respective places.

12. (a) The president shall then administer oath or affirmation Lo the trial judge advocate.

(b) In administering the oath, the president and the trial judge advo- cate shall both stand at their respective places. It will perhaps be more convenient for the president to request the trial judge advocate to make his oath or affirmation.

13. The trial judge advocate shall then administer oath to any officer under instruction.

The trial judge advocate shall ask the accused whether he objects to the short-hand writer or other person employed to record the proceedings, and if there is no objection, he shall administer to him the prescribed oath or affirmation.

15. (a) The trial shall then proceed in accordance with the normal pro- cedure, the prosecution and the defence presenting their cases respectively through the witnesses called by them.

(b) Whenever in the course of a trial it appears desirable to the trial judge advocate that arguments and evidence as to the admissibility of evi- dence or arguments in support of an application for separate trial > or on any other points of law should not be heard in the presence of the court, he may advise the president of the court accordingly and the president shall thereupon make an order for the court to retire or direct the trial judge advocate to hear the arguments in some other convenient place in accord- ance with section 114(2) of the Navy Act.

ifo THE GAZETTE OF INDtA £XTR A ORDINARY [PART I I-

(c) Since, it may not normally be possible to find another suitable place with necessary furniture, fittings and facilities for the trial judge advocate, the accused, the defending officer or counsel, the prosecutor and his assis- tant, the stenographer, Witnesses and audience, it may be desirable and convenient for the court to retire to an appropriate room to be kept ready for the purpose. The trial judge advocate should settle this before hand with the president of the court-martial.

(d) Whenever the court has to retire and under these circumstances all present in the court room shall stand in their places as the members of the court file out of the court room for going to the retiring room.

(e) After the necessary arguments have been heard and the point at issue decided, the trial judge advocate shall inform the court through the officer of the court. Members of the court shall then come in und resume their seats. All present in the court shall stand in their seats when the members are coming in and shall resume scats only after all members of the court have resumed their seats and have taken off their caps.

(f) The trial shall then proceed in the normal manner.

(g) After the summing up by the defence, the prosecution and the trial judge advocate, the court shall be cleared to consider the finding. The trial judge advocate, the officer under instruction and ithe stenographer shall also withdraw from the court.

16. When the court has considered the finding, the president shall in- form the officer of the court that the court intends to re-assemble. There- upon the trial judge advocate, the prosecutor, the defence and the audience shall be admitted. If an accused officer has been found guilty on any chargc(s), his sword shall, before the court is reopened, be so laid that the point is towards the accused; conversely if he has been found not guilty on all charges, the hilt should point towards him. See paragraph 5(d).

17, (a) The court shall assemble with caps on.

(b) After the court has re-assembled, the trial judge advocate shall as- certain from the president the findings of the court as follows: —

"Mr. president, as to the first charge, what is the finding of the court?".

S< i- 4] THE GAZETTE OF INDIA EXTRAORDINARY

ifa

(d) The trial judge advocate shall thereupon draw up the findings and t. 'bniit the same for signature of the members by way of attestation start- ihg witii the junior-most member. The finding shall be counter-signed by the trial judge advocate.

(e) The trial judge advocate shall then announce the finding in the Court.

18. (a) If the accused is found guilty on any charge, ths court shall proceed to consider the question of awarding punishment. The trial judge advocate shall announce:

"Gentlemen, off caps, if you please".

(b) After hearing the trial judge advocate, the prosecutor and the de- fence in this respect, the court shall then close to consider fjhe sentence.

(c) The trial judge advocate shall sit with the court while they are considering the sentence and assist the court in the determination of the sentence but shall not vote thereon.

(d) When the court has decided on the sentence the trial judf' advo- cate shall draw up the sentence, which is to be signed by every member of ilie court notwithstanding any difference of opinion that there may have been among the members. The sentence shall be counter-signed by the trial judge advocate.

19. (a) The court shall then re-assemble, the accused shall be brought in and the defending officer, the prosecutor and audience and v tnesses admitted. The trial judge advocate shall then announce the sentence.

(b) The court shall assemble for this purpose with their caps on.

20. After the sentence has been announced, the president shall direct that the accused be removed and declare the court to be dissolved and the National Flag to be hauled down.

21. The president shall wait on the convening authority or the senior oftr-er oresent with the letter reporting the finding and the sentence.

PRINTED IN INDIA BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS. NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS, DELHI, 1 9 65

him, but such letters shall be opened by him in the presence of one of the regulating staff to ensure that nothing undesirable is enclosed and such sailor shall be permitted to write letters only in exceptional circumstances. (8) If the Commanding Officer is of opinion, on the advice of the Medical Officer or otherwise, that strict adherence to the provisions of this regulation would permanently affect the health of any offender, the Commanding Officer may, for reasons to be recorded in writing, relax all or any of such provisions with respect to that offender. ↩
«ni(ii iiiitil -ih^cfelniltt&PoVdbr is issued and srfly ^JdtftkMalnpu&srimeHtsn^ impiisonment -jcrtt d&teirttonJlike fifttdcts^f ^yrs¥oftfeg#r↩
n ↩

EXTRAORDINARY

PART II—Section 4

PUBLISHED BY AUTHORITY

MINISTRY OF DEFENCE

New Delhi, the 6lh February 1965

THE NAVY REGULATIONS

CHAPTER 1

PRELIMINARY

CHAPTER II

SXJMMARY PUNISHMENT AND PROCEDURE

SECTION I

POWERS OF PUNISHMENT

SECTION II

INVESTIGATION

SECTION III

DISRATING (No. 4)

CELLS (No. 8)

CAMPAIGN OR COMMEMORATIVE MEDALS

DEPRIVATION OF GOOD CONDUCT BADGEfS)

STOPPAGE OF LEAVE (NO. 12)

ADMONITION (NO. 14)

CHAPTER III

UNDER TRAINING

CHAPTER IV

DISCIPLINE

SECTION I

ARREST AND NAVAL CUSTODY

SECTION II

SUSPENSION OF SENTENCES

SECTION in

SECTION IV

CIVIL AUTHORITY

SECTION IV

DESERTERS AND ABSENTEES

CHAPTER V

COURTS MARTIAL

DUTIES OF CONVENING AUTHORITY

DUTIES OF TRIAL JUDGE ADVOCATE

PREPARATION OF DEFENCE BY THE ACCUSED

DUTIES OF THE PRESIDENT

PROVISIONS CONCERNING PROCEDURE

EVIDENCE ON NAVIGATIONAL MATTERS

CHAiPTER VI

DISCIPLINARY COURTS

CHAPTER ViT

BOARDS OF INQUIRY

205 Procedure when character or conduct of a person in Government

CHAPTER Vill

DISCIPLINE—MISCELLANEOUS PROVISIONS

219. Date from which retirement, resignation, discharge takes effect.—

APPENDIX I

FORMS

APPENDIX I

List of Prescribed Forms

FORM No. i

PUNISHMENT WARRANT FORM

(See regulation 16)

FORMER OFFENCES

SUBMISSION TO SENIOR OFFICER

Signature

Rank

Signature

FORM NO. 2

RECORu OF OFFENCES SHEET

Sheet" S-239)

(See Regulation 72)

awarded

FORM No. 3

DAILY RECORD

OF

OFFENCES AND PUNISHMENTS

(See regulations 72 and 85)

FORM NO. 4

QUARTERLY

PUNISHMENT RETURN

(See regulation 73)

CATEGORIES

ABSTRACT OF SUMMARY PUNISHMENTS

CERTIFICATE

Commanding Officer'sdbseroations on the case and remarksas\to