Section 11 of The Navy Act, 1957
- (1)Save as otherwise provided in this Act, the terms and conditions of service of 1[sailors], the person authorised to enrol for service as 1[sailors] and the manner and procedure of such enrolment shall be such as may be prescribed.
- (2)No person shall be enrolled as a 1[sailor] in the Indian Navy for a period exceeding 2[twenty years] in the first instance: Provided that in the case of a minor the said period of 3[twenty years] shall be reckoned from the date on which he attains the age of seventeen.
- (3)Notwithstanding anything contained in any other law for the time being in force,
- (a)the enrolment of any person under this Act shall be binding on him both during his minority and after he attains majority;
- (b)neither the parent or guardian of a minor duly enrolled under this Act nor any other person shall be entitled to claim custody of the said minor as against the Central Government or any of its officers or other persons set over him.
Summary
- This section governs the enrolment process and conditions of service for sailors in the navy.
- It sets a maximum limit of twenty years for a sailor's initial period of enrolment.
- It dictates that for a minor, the twenty-year enrolment period only begins counting on the day they turn seventeen.
- It makes the enrolment contract fully binding on the individual, both while they are a minor and after they become an adult.
- It explicitly prevents parents or guardians from using legal means to claim custody of a minor who has been duly enrolled.
Practical examples
FAQ
1. What is the maximum initial service time under Section 11 of The Navy Act, 1957?
Under Section 11 of The Navy Act, 1957, no person shall be enrolled as a sailor for a period exceeding twenty years in the first instance.
2. How does age affect the enrolment period under Section 11 of the naval law?
For a minor, Section 11 of the naval law states that the twenty-year period is reckoned from the date on which they attain the age of seventeen.
3. Can a parent demand their minor child back under Section 11 of the 1957 naval act?
No. Section 11 of the 1957 naval act explicitly states that neither the parent nor guardian is entitled to claim custody of a duly enrolled minor against the Central Government.
Test yourself
Q1.Under Section 11 of The Navy Act, 1957, what is the maximum length of time a person can be enrolled as a sailor in the first instance?
Q2.According to Section 11 of the naval law, when does the initial enrolment period begin calculating for a minor?
Q3.What does Section 11 of the 1957 naval act say about the binding nature of a minor's enrolment?
Q4.Under Section 11 of The Navy Act, 1957, who is legally prohibited from claiming custody of an enrolled minor?