Section 12 of The Navy Act, 1957
Where a person after his enrolment has for a period of three months from the date of such enrolment been in receipt of pay as a 10[sailor], he shall be deemed to have been duly enrolled and shall not thereafter be entitled to claim his discharge on the ground of any irregularity or illegality in his engagement or any other ground whatsoever; and if within the said three months such person claims his discharge, no such irregularity or illegality or other ground shall, until such person is discharged in pursuance of his claim, affect his position as a 1[sailor] in the naval service or invalidate any proceedings, act or thing taken or done prior to his discharge.
Summary
- Section 12 makes a sailor's enrolment fully valid and binding if they have received pay for three months.
- After this three month period passes, the sailor cannot ask for a discharge by claiming their enrolment was irregular or illegal.
- They also cannot ask for a discharge on any other grounds once those three months have passed.
- If the sailor asks for a discharge within the first three months, their position remains valid until they are actually discharged.
- Any actions taken by the sailor before a discharge are still considered valid even if they claim an error in their enrolment.
Practical examples
FAQ
1. How long does it take for a sailor's enrolment to become permanent under Section 12 of The Navy Act, 1957?
Under Section 12 of the 1957 naval law, the enrolment becomes permanent once the person has received pay as a sailor for a period of three months.
2. Can a sailor leave the Navy due to a contract error under Section 12 of the naval regulations?
A sailor can only claim a discharge due to a mistake in their engagement if they do so within the first three months of receiving pay under Section 12 of The Navy Act, 1957.
3. What happens if a sailor claims a mistake in their enrolment within three months under Section 12 of the Navy Act?
According to Section 12 of the Indian Navy Act, any claimed mistake does not change their position as a sailor or invalidate their past actions until the discharge is actually carried out.
Test yourself
Q1.Under Section 12 of The Navy Act, 1957, what specific event confirms the validity of a sailor's enrolment after three months?
Q2.According to Section 12 of the Navy Act, 1957, what happens to a sailor's status if they claim a discharge for an illegal engagement during their second month?
Q3.Under Section 12 of The Navy Act, 1957, on what grounds can a sailor claim a discharge after receiving pay for four months?
Q4.Based on Section 12 of the 1957 navy law, what happens to proceedings taken prior to a sailor's discharge if they claimed an enrolment error within the allowed time?