Section 29 of The Navy Act, 1957
The following deductions may be made from the pay and allowances of a 1[sailor] without recourse to trial by a naval tribunal, namely:--
- (1)all pay and allowances for everyday of absence without leave unless an explanation is given to the satisfaction of the commanding officer for such absence: Provided that the 1[sailor] is not dealt with by a naval tribunal for the said absence;
- (2)all pay and allowances for everyday he is in confinement on a charge for an offence of which he is afterwards convicted by a competent naval tribunal or Criminal Court;
- (3)all pay and allowances for everyday he is in hospital on account of sickness certified by the prescribed medical officer to have been caused by an act amounting to an offence punishable under this Act: Provided that such certificate is accepted by the Chief of the Naval Staff or the prescribed officer;
- (4)any sum required to make good any loss, damage or destruction of any property which after due investigation appears to the Central Government or the Chief of the Naval Staff or the prescribed officer to have been occasioned by the wrongful act or negligence on the part of the 16 sailor;
- (5)any sum required to be paid for the maintenance of his wife or legitimate or illegitimate children under the provisions of section 31.
Summary
- Section 29 of The Navy Act, 1957 lists the specific reasons a sailor's pay and allowances can be deducted without needing a formal trial by a naval tribunal.
- Similar to officers, sailors can lose pay for unexplained absences, time spent in confinement leading to a conviction, or hospital stays resulting from an offence.
- Deductions can also be made for property damage caused by a sailor's negligence, or to provide maintenance for a wife and children under Section 31.
Practical examples
FAQ
1. Who decides if a sailor has given a good enough excuse for being absent to avoid a pay cut under Section 29 of The Navy Act, 1957?
According to Section 29 of the 1957 naval law, the explanation for absence without leave must be given to the satisfaction of the sailor's commanding officer.
2. Can a sailor be forced to pay for destroying military equipment under Section 29 of The Navy Act, 1957?
Yes, under Section 29 of the defence statute, if an investigation shows the sailor caused loss, damage, or destruction to property through a wrongful act or negligence, the required sum can be deducted from their pay.
3. Under Section 29 of The Navy Act, 1957, what must happen for a sailor's hospital stay to result in a pay deduction?
Under Section 29 of the Act, a prescribed medical officer must certify that the sickness was caused by an offence punishable under the Act, and this certificate must be accepted by the Chief of the Naval Staff or the prescribed officer.
Test yourself
Q1.When comparing the rules for absence without leave, what is a key difference between officers in Section 28 and sailors in Section 29 of The Navy Act, 1957?
Q2.Based on the combined reading of Section 29 and Section 31 of The Navy Act, 1957, can a sailor's pay be deducted to support an illegitimate child?
Q3.Under Section 29 of The Navy Act, 1957, which of the following scenarios allows pay to be deducted for time spent in confinement?
Q4.Which of the following authorities is NOT listed in Section 29 of The Navy Act, 1957 as being able to investigate and approve deductions for property damage caused by a sailor?