The Navy Act, 1957
Administered Ministry: Ministry of Defence / Department of Military Affairs
Section
Section 176 Disposal of surplus by prescribed persons.
On receipt of the surplus referred to in sub-section (7) of section 171 or clause (ii) of section 172 or sub-section (4) of section 175, the prescribed person shall,--
(a) if he knows of a legal representative of the deceased, pay the surplus to that representative;
(b) if the surplus does not exceed 1[the prescribed amount not exceeding rupees on lakh in value] if he thinks fit, pay or deliver to any person appearing to him to be entitled to receive the same, without requiring such person to produce any probate, letters of administration, succession certificate or other conclusive evidence of title;
(c) if the prescribed person does not know of any such representative to whom the surplus could be paid under clause (a), or if the surplus has not been disposed of under clause (b), publish every year a notice in the prescribed form and manner for six consecutive years; and if no claim to the surplus is made by the legal representative of the deceased within six months even after the publication of the last of such notices, the prescribed person shall deposit the surplus together with any income or accumulation of income accrue therefrom, to the credit of the Central Government:
Provided that such deposit shall not prejudice the claims of any person to such surplus or any part thereof, if he is otherwise entitled to it.
(a) if he knows of a legal representative of the deceased, pay the surplus to that representative;
(b) if the surplus does not exceed 1[the prescribed amount not exceeding rupees on lakh in value] if he thinks fit, pay or deliver to any person appearing to him to be entitled to receive the same, without requiring such person to produce any probate, letters of administration, succession certificate or other conclusive evidence of title;
(c) if the prescribed person does not know of any such representative to whom the surplus could be paid under clause (a), or if the surplus has not been disposed of under clause (b), publish every year a notice in the prescribed form and manner for six consecutive years; and if no claim to the surplus is made by the legal representative of the deceased within six months even after the publication of the last of such notices, the prescribed person shall deposit the surplus together with any income or accumulation of income accrue therefrom, to the credit of the Central Government:
Provided that such deposit shall not prejudice the claims of any person to such surplus or any part thereof, if he is otherwise entitled to it.
1. Subs. by Act 23 of 2005, s. 9, for "ten thousand rupees in value and" (w.e.f. 23-6-2005).
Section 177 Disposal of effects not converted into money.
Where any part of the estate of a deceased officer or 1[sailor] consists of effects, securities or other property not converted into money, the provisions of sub-section (7) of section 171 or clause (ii) of section 172 and section 176 with respect to the payment of the surplus shall, save as may be prescribed, extend to the delivery, transmission or transfer of such effects, securities or property, and the prescribed person shall have the same power of converting the same into money as a legal representative of the deceased.
1. Subs. by Act 53 of 1974, s. 2, for "seaman" (w.e.f. 16-12-74).
Section 178 Termination of liability of commanding officer, Committee, prescribed person and the Central Government.
Any payment or application of money or delivery, sale or other disposition of any property made, or purported to be made by the commanding officer, the Committee or the prescribed person in good faith in pursuance of sections 171 to 176 shall be valid and shall fully absolve the commanding officer, the Committee or the prescribed person, as the case may be, as well as the Central Government from all liability in respect of the money or property so paid, applied or disposed of; but nothing herein contained shall be deemed to affect the right of any executor or administrator or other legal representative or of any creditor of the deceased against any person to whom any such payment or delivery as aforesaid has been made.
Section 179 Saving of rights of representative.
Nothing in this Chapter shall affect the rights and duties of the representative of a deceased 1[sailor] or officer or any Administrator-General, in respect of the property of such deceased 1[sailor] or officer not collected by the commanding officer or the Committee, as the case may be, and not forming part of the surplus handed over to the prescribed person either under sub-section (7) of section 171 or clause (ii) of section 172.
1. Subs. by Act 53 of 1974, s. 2, for "seaman" (w.e.f. 16-12-74).
Section 180 Application of sections 171 to 179 to persons of unsound mind.
The provisions of sections 171 to 179 shall, so far as they can be made applicable, also apply in the case of an officer or 1[sailor] subject to naval law who is ascertained in the prescribed manner to be of unsound mind notwithstanding anything contained in the Indian Lunacy Act, 1912 (4 of 1912), or who, while on active service, is officially reported missing, as if the said officer or 1[sailor] had died on the day on which his unsoundness of mind is so ascertained or, as the case may be, on the day on which he is officially reported missing:
Provided that in the case of an officer or 2[sailor] so reported missing, no action shall be taken to dispose of the property under sections 171, 172 and 175 until such time as a certificate under the regulations made under this Act is issued by or under the authority of the Chief of the Naval Staff or other prescribed person that he is confirmed or presumed to be dead.
Provided that in the case of an officer or 2[sailor] so reported missing, no action shall be taken to dispose of the property under sections 171, 172 and 175 until such time as a certificate under the regulations made under this Act is issued by or under the authority of the Chief of the Naval Staff or other prescribed person that he is confirmed or presumed to be dead.
1. Subs. by Act 53 of 1974, s. 2, for "seaman" (w.e.f. 16-12-74).
2. Subs. by Act 53 of 1974, s. 2, for "seaman" (w.e.f. 16-12-74).
2. Subs. by Act 53 of 1974, s. 2, for "seaman" (w.e.f. 16-12-74).
Section 181 Appointment of Standing Committee of Adjustment in certain cases.
When an officer while subject to naval law dies or is ascertained in the prescribed manner to be of unsound mind or while on active service is officially reported missing, the reference in the foregoing provisions of this Chapter to the Committee shall be construed as references to the Standing Committee of Adjustment, if any, constituted in this behalf in the prescribed manner and such Standing Committee, if constituted, shall alone by entitled to perform all the functions of such Committee unless otherwise directed by the Chief of the Naval Staff.
Section 182 Exercise of powers by other persons.
The functions and powers of the commanding officer in this Chapter may in any case be performed or exercised by any other person appointed in this behalf by the Chief of the Naval Staff.
Section 183 Forfeiture of effects for absence without leave.
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.
Section 184 Power to make regulations. 4 docs
(1) The Central Government may, by notification in the Official Gazette, make regulations for the governance, command, discipline, recruitment, conditions of service and regulation of the naval forces and generally for the purpose of carrying into effect the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for--
(a) the rank, precedence, powers of command and authority of officers and 1[sailors] in the naval service;
(b) the relative rank, precedence, powers of command and authority of officers and 1[sailors] in the naval service in relation to members of the regular Army and the Air Force;
2[(c) the cases in which, and the conditions subject to which, powers of punishment may be exercised under sub-section (2) of section 7;
(ca) the retirement, discharge and dismissal of persons in the naval service;
(cb) the authority to which any matter referred to in section 19A may be referred and the manner in which an enquiry may be made by that authority;]
(d) the convening and constitution of courts-marital and the appointment of prosecutors at trials by court-martial;
(e) the adjournment, dissolution and sittings of courts-martial;
(f) the procedure to be observed in trials by courts-martial, the persons by whom an accused may be defended in such trials and the appearance of such persons thereat;
(g) the forms of orders to be made under the provisions of this Act relating to courts-martial and the awards and infliction of death, imprisonment and detention;
(h) the carrying into effect of sentences of courts-martial;
(i) any matter necessary for the purpose of carrying this Act into execution as far as it relates to the investigation, arrest, custody, trial and punishment of offences triable or punishable under this Act;
(j) the terms and conditions of service, the pay, pensions, allowances and other benefits of persons in the naval service, including special provision in this behalf during active service;
(k) the ceremonials to be observed and marks of respect to be paid in the naval service;
(l) the convening of, the constitution, procedure and practice of boards of inquiry, the summoning of witnesses before them and the administration of oaths by such boards;
(m) the computation of time of absence without leave or custody of deserters and absentees without leave;
(n) any matter relating to the realisation and disposal of the estates of officers or 69 sailors who are deceased, ascertained to be of unsound mind or reported missing on active service;
(o) the enquiry into the conduct of prisoners of war, and their pay and allowances;
(p) the provision to be made for the wives and children of prisoners of war or missing persons;
(q) the procedure relating to the exercise of powers under section 163;
3[(qa) the amount required to be prescribed under clause (b) of section 176]
(r) any other matter which is to be, may be, or is required to be, prescribed under this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for--
(a) the rank, precedence, powers of command and authority of officers and 1[sailors] in the naval service;
(b) the relative rank, precedence, powers of command and authority of officers and 1[sailors] in the naval service in relation to members of the regular Army and the Air Force;
2[(c) the cases in which, and the conditions subject to which, powers of punishment may be exercised under sub-section (2) of section 7;
(ca) the retirement, discharge and dismissal of persons in the naval service;
(cb) the authority to which any matter referred to in section 19A may be referred and the manner in which an enquiry may be made by that authority;]
(d) the convening and constitution of courts-marital and the appointment of prosecutors at trials by court-martial;
(e) the adjournment, dissolution and sittings of courts-martial;
(f) the procedure to be observed in trials by courts-martial, the persons by whom an accused may be defended in such trials and the appearance of such persons thereat;
(g) the forms of orders to be made under the provisions of this Act relating to courts-martial and the awards and infliction of death, imprisonment and detention;
(h) the carrying into effect of sentences of courts-martial;
(i) any matter necessary for the purpose of carrying this Act into execution as far as it relates to the investigation, arrest, custody, trial and punishment of offences triable or punishable under this Act;
(j) the terms and conditions of service, the pay, pensions, allowances and other benefits of persons in the naval service, including special provision in this behalf during active service;
(k) the ceremonials to be observed and marks of respect to be paid in the naval service;
(l) the convening of, the constitution, procedure and practice of boards of inquiry, the summoning of witnesses before them and the administration of oaths by such boards;
(m) the computation of time of absence without leave or custody of deserters and absentees without leave;
(n) any matter relating to the realisation and disposal of the estates of officers or 69 sailors who are deceased, ascertained to be of unsound mind or reported missing on active service;
(o) the enquiry into the conduct of prisoners of war, and their pay and allowances;
(p) the provision to be made for the wives and children of prisoners of war or missing persons;
(q) the procedure relating to the exercise of powers under section 163;
3[(qa) the amount required to be prescribed under clause (b) of section 176]
(r) any other matter which is to be, may be, or is required to be, prescribed under this Act.
1. Subs. by Act 53 of 1974, s. 2, for "seaman" (w.e.f. 16-12-74).
2. Subs by s. 18, ibid., for clause (c) (w.e.f. 16-12-1974).
3. Ins. by Act 23 of 2005, s. 10 (w.e.f. 23-6-2005).
2. Subs by s. 18, ibid., for clause (c) (w.e.f. 16-12-1974).
3. Ins. by Act 23 of 2005, s. 10 (w.e.f. 23-6-2005).
Section 184A Power to make regulations with retrospective effect
1[184A. Power to make regulations with retrospective effect.--The power to make regulations conferred by this Act shall include the power to give retrospective effect, from a date not earlier than the date of commencement of this Act, to the regulations or any of them, but no retrospective effect shall be given to any regulation so as to prejudicially affect the interests of any person to whom such regulation may be applicable.]
1. Ins. by Act 48 of 1982, s. 11 (w.e.f. 16-10-1982).
Section 185 Regulations to be laid before Parliament.
1[185. Regulations to be laid before Parliament.--Every regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the regulation or, both Houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation.]
1. Subs. by Act 53 of 1974, s. 19, for section 185 (w.e.f. 16-12-1974).
Section 186 Repeals.
[Repeals].—Rep. by the Repealing and Amending Act, 1960 (58 of 1960), s. 2 and the First Schedule (w.e.f. 29-12-1960).
Section 187 Provisions as to existing naval forces, appointments, etc.
(1) The Indian Navy in existence at the commencement of this Act shall be deemed to be the regular naval force raised under this Act.
(2) The Indian Naval Reserve, the Indian Naval Volunteer Reserve and the Indian Fleet Reserve in existence at the commencement of this Act shall be deemed to be the Indian Naval Reserve Forces raised under this Act.
(3) Officers in the Indian Navy or the Indian Naval Reserve Forces at the commencement of this Act shall be deemed to have been appointed as such under this Act.
(4) The person holding office as Judge Advocate of the Fleet at the commencement of this Act shall, on such commencement, be deemed to have been appointed as the Judge Advocate General of the Navy under this Act.
(5) 1[Sailors] in the Indian Navy or in the Indian Naval Reserve Forces at the commencement of this Act shall be deemed to have been duly enrolled as such under this Act.
(2) The Indian Naval Reserve, the Indian Naval Volunteer Reserve and the Indian Fleet Reserve in existence at the commencement of this Act shall be deemed to be the Indian Naval Reserve Forces raised under this Act.
(3) Officers in the Indian Navy or the Indian Naval Reserve Forces at the commencement of this Act shall be deemed to have been appointed as such under this Act.
(4) The person holding office as Judge Advocate of the Fleet at the commencement of this Act shall, on such commencement, be deemed to have been appointed as the Judge Advocate General of the Navy under this Act.
(5) 1[Sailors] in the Indian Navy or in the Indian Naval Reserve Forces at the commencement of this Act shall be deemed to have been duly enrolled as such under this Act.
1. Subs. by Act 53 of 1974, s. 2, for "seaman" (w.e.f. 16-12-1974).
Section 188 Power of officers of the Royal Navy.
(1) An officer of the Royal Navy attached to or serving with the Indian Navy shall have and exercise all such powers as are vested in or may be exercised by an officer of the Indian Navy of corresponding rank or holding a corresponding appointment and shall be eligible to be granted a commission to convene courts-martial or to be appointed as president of a court-martial or to sit on a court-martial as a member as if he were an officer of the Indian Navy subject to naval law.
(2) The expression "superior officer" wherever used in this Act shall be deemed to include an officer of the Royal Navy when serving under conditions specified in sub-section (1).
(2) The expression "superior officer" wherever used in this Act shall be deemed to include an officer of the Royal Navy when serving under conditions specified in sub-section (1).