DISPOSAL OF THE PRIVATE PROPERTY OF PERSONS DECEASED, MISSING, ETC.Central

Section 183 of The Navy Act, 1957

If any person subject to naval law is absent without leave for a period of one month (whether he is guilty of desertion or of improperly leaving his ship or place of duty or not) but is not apprehended or tried for his offence, he shall be liable for forfeiture of pay and allowances and other benefits as the Central Government from time to time by regulations provide, and the Central Government, the Chief of the Naval Staff or the prescribed officer may by an order containing a statement of the absence without leave direct that the clothes and effects, if any, left by him on board ship or at his place of duty be forfeited and the same be sold and the proceeds of the same shall be disposed of as provided in the regulations made under this Act; and every order under this provision for forfeiture or sale be conclusive for the purpose of this section as to the fact of the absence without leave as therein stated of the person therein named; but in any case the Central Government may, if it deems fit on sufficient cause being shown at any time after forfeiture and before sale, remit the forfeiture, or after sale pay or dispose of the proceeds of the sale or any part thereof to or for the use of the person to whom the clothes or effects belonged, or his representatives.

Summary

This provision creates severe financial penalties for personnel who are absent without leave for a full month and have not been caught or tried.
It makes them liable to forfeit their pay, allowances, and other benefits according to government rules.
It allows authorities to order the forfeiture and sale of clothes and effects left on the ship or at their duty station.
It treats the official order of forfeiture as conclusive, meaning absolute legal proof that cannot be argued against, that the person was absent without leave.
It gives the Central Government the power to remit the forfeiture, meaning to cancel the penalty and forgive the debt, if they show a good reason.

Practical examples

1A sailor vanishes from their post for 35 days without being caught. The Central Government orders their locker items sold and their pay forfeited.

2An officer goes missing for a month, has their uniforms sold off, but later proves they were kidnapped. The Central Government uses its power to return the money from the sale to the officer.

FAQ

1. How long must someone be missing before Section 183 of The Navy Act 1957 applies?

Section 183 of The Navy Act 1957 applies if a person subject to naval law is absent without leave for a period of one month.

2. Under Section 183 of the military code, what happens to the clothes left on the ship by an absentee?

Section 183 of the military code allows authorities to direct that the clothes and effects left on board be forfeited and sold.

3. Can a penalty be reversed under Section 183 of the 1957 naval legislation if the sailor had a good excuse?

Yes, Section 183 of the 1957 naval legislation allows the Central Government to remit the forfeiture or pay the sale proceeds back if sufficient cause is shown.

Test yourself

Q1.What is the time requirement for absence without leave to trigger Section 183 of The Navy Act 1957?

Q2.Under Section 183 of the naval defence act, what is the legal effect of the order for forfeiture or sale?

Q3.According to Section 183 of the Indian naval statute, who has the ultimate power to remit the forfeiture if sufficient cause is shown?

Q4.Does Section 183 of the 1957 military law only apply if the person is guilty of the specific crime of desertion?

Q5.In Section 183 of The Navy Act 1957, besides pay and allowances, what physical items can be targeted for forfeiture?

182PreviousSection 182 Exercise of powers by other persons.184ANextSection 184A Power to make regulations with retrospective effect

←Section 182 Section 184A→