The Navy Act, 1957
Administered Ministry: Ministry of Defence / Department of Military Affairs
Section
Section 157 Naval prisons and naval detention quarters
The Central Government may set apart any buildings or vessels or any parts thereof as naval prisons or naval detention quarters and any buildings, vessels or parts of buildings or vessels so set apart as naval prisons or naval detention quarters, as the case may be, shall be deemed to be naval prisons or naval detention quarters respectively within the meaning of this Act.
Section 158 Execution of sentence of fine
When a sentence of fine is imposed under this Act by a courtmartial or disciplinary court, the officer ordering the court-martial or disciplinary court may transmit a copy of the order imposing the fine duly certified under his hand to any magistrate in India, and such magistrate shall thereupon cause the fine to be recovered in accordance with the provisions of the 1[Code of Criminal Procedure, 1973(2 of 1974),] or any law corresponding thereto in force in the State of Jammu and Kashmir* as if it were a sentence of fine imposed by such magistrate.
1. Subs. by Act 48 of 1982, s. 10, for "Code of Criminal Procedure, 1898 (5 of 1898)" (w.e.f. 16-10-1982).
*. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh.
*. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh.
Section 159 Power to make regulations in respect of naval prisons and detention quarters.
(1) The Central Government may, by notification in the Official Gazette, make regulations providing,--
(a) for the government, management and regulation of naval prisons and detention quarters;
(b) for the appointment and removal and powers of inspectors, visitors and officers thereof;
(c) for the food, bedding and clothing of prisoners or persons undergoing detention therein;
(d) for the labour of such prisoners or persons therein and for enabling such prisoners or persons to earn by special industry and good conduct remission of a portion of their sentence; and
(e) for the care of such prisoners or persons, their safe custody and the maintenance of good order and discipline among them and the punishment by personal correction, restraint or otherwise of offences committed by such prisoners or persons.
(2) The regulations to be made under this section may apply to naval prisons or detention quarters any of the provisions of the Prisons Act, 1894 (9 of 1874), and rules made thereunder, imposing punishments on any persons not being prisoners or relating to the duties of gaolers, medical officers and other officers of the prisons.
(3) The regulations to be made under this section shall not authorise corporal punishment to be inflicted for any offence.
(a) for the government, management and regulation of naval prisons and detention quarters;
(b) for the appointment and removal and powers of inspectors, visitors and officers thereof;
(c) for the food, bedding and clothing of prisoners or persons undergoing detention therein;
(d) for the labour of such prisoners or persons therein and for enabling such prisoners or persons to earn by special industry and good conduct remission of a portion of their sentence; and
(e) for the care of such prisoners or persons, their safe custody and the maintenance of good order and discipline among them and the punishment by personal correction, restraint or otherwise of offences committed by such prisoners or persons.
(2) The regulations to be made under this section may apply to naval prisons or detention quarters any of the provisions of the Prisons Act, 1894 (9 of 1874), and rules made thereunder, imposing punishments on any persons not being prisoners or relating to the duties of gaolers, medical officers and other officers of the prisons.
(3) The regulations to be made under this section shall not authorise corporal punishment to be inflicted for any offence.
Section 160 Judicial review by the Judge Advocate General of the Navy.
(1) All proceedings of trials by court-martial or by disciplinary courts shall be reviewed by the Judge Advocate General of the Navy either on his own motion or on application made to him within the prescribed time by any person aggrieved by any sentence or finding, and the Judge Advocate General of the Navy shall transmit the report of such review together with such recommendations as may appear just and proper to the Chief of the Naval Staff for his consideration and for such action as the Chief of the Naval Staff may think fit.
(2) Where any person aggrieved has made an application under sub-section (1), the Judge Advocate General of the Navy may, if the circumstances of the case so require, give him an opportunity of being heard either in person or through a legal practitioner or an officer of the Indian Navy.
(2) Where any person aggrieved has made an application under sub-section (1), the Judge Advocate General of the Navy may, if the circumstances of the case so require, give him an opportunity of being heard either in person or through a legal practitioner or an officer of the Indian Navy.
Section 161 Consideration by the Chief of the Naval Staff.
(1) On receipt of the report and recommendations if any, under section 160, the Chief of the Naval Staff shall in all cases of capital sentence and in all cases where the court-martial is ordered by the President, and may in other cases transmit the proceedings and the report to the Central Government together with such recommendations as he may deem fit to make.
(2) Nothing in section 160 or this section shall authorise the Judge Advocate General of the Navy or the Chief of the Naval Staff to make any recommendation for setting aside, or the Central Government to set aside, an order of acquittal passed under this Act.
(2) Nothing in section 160 or this section shall authorise the Judge Advocate General of the Navy or the Chief of the Naval Staff to make any recommendation for setting aside, or the Central Government to set aside, an order of acquittal passed under this Act.
Section 162 Petitions to the Central Government or Chief of the Naval Staff against findings or sentences
Any person subject to naval law who considers himself aggrieved by a finding or sentence of any court-martial may present a petition to the Central Government or to the Chief of the Naval Staff, and the Central Government or the Chief of the Naval Staff, as the case may be, may pass such order thereon as may be thought fit.
Section 163 Powers of Central Government and the Chief of the Naval Staff in respect of findings and sentences.
(1) Where any person is tried under the provisions of this Act, the Central Government or the Chief of the Naval Staff, may, in the case of a conviction,--
(a) set aside the finding and sentence and acquit or discharge the accused or order him to be retried, or
(b) alter the finding, maintaining the sentence (provided that such sentence may be legally passed on the altered finding), or
(c) with or without altering the finding, reduce the sentence or commute the punishment awarded for any punishment inferior in scale, or
(d) either with or without conditions, pardon the person or remit the whole or any part of the punishment awarded, or
(e) either with or without conditions, release the person on parole:
Provided that a sentence of imprisonment shall not be commuted for a sentence of detention for a term exceeding the term of imprisonment awarded, and a sentence of dismissal with disgrace not accompanied by a sentence of imprisonment shall not be commuted for a sentence of detention:
Provided further that nothing in this section shall authorise the Central Government or the Chief of the Naval Staff to enhance the sentence.
(2) Any sentence modified under the provisions of sub-section (1) shall be carried into execution as if it had been originally passed.
(3) If any condition on which a person has been pardoned or released on parole or a punishment has been remitted is in the opinion of the authority which granted the pardon, release or remission not fulfilled, such authority may cancel the pardon or release or remission and thereupon the sentence awarded shall be carried into effect as if such pardon, release or remission had not been granted:
Provided that in the case of a person sentenced to imprisonment or detention such person shall undergo only the unexpired portion of the sentence.
(a) set aside the finding and sentence and acquit or discharge the accused or order him to be retried, or
(b) alter the finding, maintaining the sentence (provided that such sentence may be legally passed on the altered finding), or
(c) with or without altering the finding, reduce the sentence or commute the punishment awarded for any punishment inferior in scale, or
(d) either with or without conditions, pardon the person or remit the whole or any part of the punishment awarded, or
(e) either with or without conditions, release the person on parole:
Provided that a sentence of imprisonment shall not be commuted for a sentence of detention for a term exceeding the term of imprisonment awarded, and a sentence of dismissal with disgrace not accompanied by a sentence of imprisonment shall not be commuted for a sentence of detention:
Provided further that nothing in this section shall authorise the Central Government or the Chief of the Naval Staff to enhance the sentence.
(2) Any sentence modified under the provisions of sub-section (1) shall be carried into execution as if it had been originally passed.
(3) If any condition on which a person has been pardoned or released on parole or a punishment has been remitted is in the opinion of the authority which granted the pardon, release or remission not fulfilled, such authority may cancel the pardon or release or remission and thereupon the sentence awarded shall be carried into effect as if such pardon, release or remission had not been granted:
Provided that in the case of a person sentenced to imprisonment or detention such person shall undergo only the unexpired portion of the sentence.
Section 163A Provision relating to parole.
1[163A. Provision relating to parole.--Where any person is tried under the provisions of this Act, the Central Government or the chief of the Naval Staff or the Flag Officers commanding-in-Chief of the Naval Commands may in the case of conviction either with or without conditions release the person on parole.]
1. Ins. by Act 23 of 2005, s. 8 (w.e.f. 23-6-2005).
Section 164 Suspension of sentences.
(1) Where a person has been sentenced to imprisonment or detention, the Central Government or the officer who by virtue of the foregoing section or sub-section (3) of section 150 has power to issue an order of committal (hereinafter in this section referred to as "the committing authority") may, in lieu of issuing such an order, order that the sentence be suspended until an order of committal is issued, and in such case--
(a) notwithstanding anything in this Act, the term of the sentence shall not be reckoned as commencing until an order of committal is issued;
(b) the case may at any time, and shall at intervals of not more than three months, be reconsidered by the Central Government or committing authority or the prescribed officer, and if on any such reconsideration it appears to the Central Government or committing authority or such prescribed officer that the conduct of the offender since his conviction has been such as to justify a remission of the sentence, the Central Government or committing authority or such prescribed officer shall remit the whole or any part of it;
(c) subject to regulations made under this Act, the Central Government or the committing authority or such prescribed officer may at any time whilst the sentence is suspended issue an order of committal and thereupon the sentence shall cease to be suspended;
(d) where a person subject to naval law, whilst a sentence on him is so suspended, is sentenced to imprisonment or detention for any other offence then, if he is at any time committed either under the suspended sentence or under any such subsequent sentence, and whether or not any such subsequent sentence has also been suspended, the committing authority may direct that the two sentences shall run either concurrently or consecutively, so, however, as not to cause a person to undergo detention for a period exceeding the aggregate of two consecutive years.
(2) When a person has been sentenced to imprisonment or detention and an order of committal has been issued, the Central Government or the committing authority, or prescribed officer may order the sentence to be suspended, and in such cases the person whose sentence is suspended shall be discharged and the currency of the sentence shall be suspended until he is again committed under the same sentence, and the provisions of clauses (b), (c) and (d) of sub-section (1) shall apply in like manner as in the case where a sentence has been suspended before an order of committal has been issued.
(3) Where a sentence is suspended under this section, whether before or after committal, the Central Government or, subject to regulations made under this Act, the committing authority or officer by whom the sentence is suspended may, direct that any penalty which is involved by the punishment of imprisonment or detention either shall be or shall not be remitted or suspended.
(a) notwithstanding anything in this Act, the term of the sentence shall not be reckoned as commencing until an order of committal is issued;
(b) the case may at any time, and shall at intervals of not more than three months, be reconsidered by the Central Government or committing authority or the prescribed officer, and if on any such reconsideration it appears to the Central Government or committing authority or such prescribed officer that the conduct of the offender since his conviction has been such as to justify a remission of the sentence, the Central Government or committing authority or such prescribed officer shall remit the whole or any part of it;
(c) subject to regulations made under this Act, the Central Government or the committing authority or such prescribed officer may at any time whilst the sentence is suspended issue an order of committal and thereupon the sentence shall cease to be suspended;
(d) where a person subject to naval law, whilst a sentence on him is so suspended, is sentenced to imprisonment or detention for any other offence then, if he is at any time committed either under the suspended sentence or under any such subsequent sentence, and whether or not any such subsequent sentence has also been suspended, the committing authority may direct that the two sentences shall run either concurrently or consecutively, so, however, as not to cause a person to undergo detention for a period exceeding the aggregate of two consecutive years.
(2) When a person has been sentenced to imprisonment or detention and an order of committal has been issued, the Central Government or the committing authority, or prescribed officer may order the sentence to be suspended, and in such cases the person whose sentence is suspended shall be discharged and the currency of the sentence shall be suspended until he is again committed under the same sentence, and the provisions of clauses (b), (c) and (d) of sub-section (1) shall apply in like manner as in the case where a sentence has been suspended before an order of committal has been issued.
(3) Where a sentence is suspended under this section, whether before or after committal, the Central Government or, subject to regulations made under this Act, the committing authority or officer by whom the sentence is suspended may, direct that any penalty which is involved by the punishment of imprisonment or detention either shall be or shall not be remitted or suspended.
Section 165 Offences by persons not subject to naval law in relation to courts-martial and disciplinary courts.
Every person not subject to naval law, who,--
(a) being duly summoned or ordered to attend as a witness before a court-martial or disciplinary court fails to attend without due cause, or
(b) refuses to take an oath or make an affirmation legally required by a court-martial or disciplinary court to be taken or made, or
(c) being sworn or affirmed, refuses to answer any questions put by or before a court-martial or disciplinary court, which he is in law bound to answer, or
(d) refuses to produce or deliver up a document in his power which the court-martial or disciplinary court may legally demand, or
(e) is guilty of contempt of court-martial or disciplinary court,
shall be punished with imprisonment for a term which may extend to two years, or with fine, or with both.
(a) being duly summoned or ordered to attend as a witness before a court-martial or disciplinary court fails to attend without due cause, or
(b) refuses to take an oath or make an affirmation legally required by a court-martial or disciplinary court to be taken or made, or
(c) being sworn or affirmed, refuses to answer any questions put by or before a court-martial or disciplinary court, which he is in law bound to answer, or
(d) refuses to produce or deliver up a document in his power which the court-martial or disciplinary court may legally demand, or
(e) is guilty of contempt of court-martial or disciplinary court,
shall be punished with imprisonment for a term which may extend to two years, or with fine, or with both.
Section 166 Penalties for aiding escape or attempt to escape of prisoners and for breach of prison regulations.
(1) Every person, who,--
(a) conveys or causes to be conveyed into any naval prison or naval detention quarters any arms, tools, or instruments, or any mask or other disguise to facilitate the escape of any prisoner or person undergoing detention, or
(b) by any means whatever aids any prisoner or person undergoing detention to escape or in an attempt to escape from such prison or naval detention quarters, whether an escape be actually made or not, shall be punished with imprisonment for a term which may extend to fourteen years.
(2) Every person who brings or attempts to bring into a naval prison or naval detention quarters, in contravention of regulations made under this Act, any spirituous or fermented liquor, shall for every such offence be punished with a fine not exceeding two hundred rupees and not less than one hundred rupees.
(3) Every person, who,--
(a) brings into a naval prison or naval detention quarters or to or for any prisoner or person undergoing detention, without the knowledge of the officer having charge or command thereof, any money, clothing, provisions, tobacco, letters, papers, or other articles not allowed by the rules of the prison or naval detention quarters, to be in the possession of a prisoner or person undergoing detention, or
(b) throws into the said prison or naval detention quarters, any such articles, or by desire of any prisoner or person undergoing detention, without the sanction of the said officer carried out of the prison or naval detention quarters any of the articles aforesaid,
shall for every such offence be punished with a fine not exceeding two hundred rupees.
(4) Every person, who,--
(a) interrupts any officer of a naval prison or naval detention quarters in the execution of his duty, or
(b) aids or abets any person to assault, resist, or interrupt any such officer, shall for every such offence be punished with imprisonment which may extend to two years, or with fine, or both.
(5) Every fine recovered under the foregoing sub-sections of this section shall be applied as the Central Government may direct notwithstanding any law, charter, or custom to the contrary.
(a) conveys or causes to be conveyed into any naval prison or naval detention quarters any arms, tools, or instruments, or any mask or other disguise to facilitate the escape of any prisoner or person undergoing detention, or
(b) by any means whatever aids any prisoner or person undergoing detention to escape or in an attempt to escape from such prison or naval detention quarters, whether an escape be actually made or not, shall be punished with imprisonment for a term which may extend to fourteen years.
(2) Every person who brings or attempts to bring into a naval prison or naval detention quarters, in contravention of regulations made under this Act, any spirituous or fermented liquor, shall for every such offence be punished with a fine not exceeding two hundred rupees and not less than one hundred rupees.
(3) Every person, who,--
(a) brings into a naval prison or naval detention quarters or to or for any prisoner or person undergoing detention, without the knowledge of the officer having charge or command thereof, any money, clothing, provisions, tobacco, letters, papers, or other articles not allowed by the rules of the prison or naval detention quarters, to be in the possession of a prisoner or person undergoing detention, or
(b) throws into the said prison or naval detention quarters, any such articles, or by desire of any prisoner or person undergoing detention, without the sanction of the said officer carried out of the prison or naval detention quarters any of the articles aforesaid,
shall for every such offence be punished with a fine not exceeding two hundred rupees.
(4) Every person, who,--
(a) interrupts any officer of a naval prison or naval detention quarters in the execution of his duty, or
(b) aids or abets any person to assault, resist, or interrupt any such officer, shall for every such offence be punished with imprisonment which may extend to two years, or with fine, or both.
(5) Every fine recovered under the foregoing sub-sections of this section shall be applied as the Central Government may direct notwithstanding any law, charter, or custom to the contrary.
Section 167 Penalty as regards gaolers, etc.
Every governor, gaoler, and keeper of any prison, gaol, or house of correction or of any naval detention quarters, and every person having the charge of command of any place, ship, or vessel for imprisonment, who shall without lawful excuse, refuse or neglect to receive or confine, remove, discharge, or deliver up any offender against the provisions of this Act, or any of them, shall incur for every such refusal or neglect a penalty not exceeding one thousand rupees and every such penalty shall be applied as the Central Government may direct notwithstanding any law, charter, or custom to the contrary.
Section 168 Appointment of the Judge Advocate General of the Navy and his subordinate officers
There shall be appointed by the Central Government a Judge Advocate General of the Navy and as many judge advocates in the department of the Judge Advocate General of the Navy as the Central Government may deem necessary.
(2) Out of the judge advocates so appointed, the Central Government may designate any one to be the Deputy Judge Advocate General of the Navy.
(3) A person shall not be qualified for appointment as Judge Advocate General of the Navy unless he--
(a) is a citizen of India, and
(b) has for at least ten years held a judicial office in the territory of India, or
(c) has for at least ten years been an advocate of a High Court or two or more such courts in succession
1[Provided that the Central Government may, if it is of opinion that it is necessary or expedient so to do in the exigencies of service, relax, for reasons to be recorded in writing, the qualification specified in clause (b) or clause (c) in respect of any person.]
(4) A person shall not be qualified for appointment as Deputy Judge Advocate General of the Navy unless he--
(a) is a citizen of India, and
(b) has for at least seven years held a judicial office in the territory of India, or
(c) has for at least seven years been an advocate of a High Court or two or more such courts in succession.
1[Provided that the Central Government may, if it is of opinion that it is necessary or expedient so to do in the exigencies of service, relax, for reasons to be recorded in writing, the qualification specified in clause (b) or clause (c) in respect of any person.]
(5) A person shall not be qualified for appointment as a judge advocate unless he--
(a) is a citizen of India, and
(b) is qualified for enrolment as an advocate or a leader of a High Court.
Explanation.--For the purposes of this section,--
(a) in computing the period during which a person has been an advocate of a High Court, there shall be included any period during which the person has held judicial office after he became an advocate;
(b) in computing the period during which a person has held judicial office in the territory of India or been an advocate of a High Court, there shall be included any period before the commencement of the Constitution during which he has held judicial office in any area which was comprised before the 15th day of August, 1947, within India as defined in the Government of India Act, 1935, or has practised as an advocate of any High Court in any such area as the case may be;
(c) the expression "judicial office" shall be deemed to include the office of the Judge Advocate of the Fleet or any of his deputies or assistants and any other legal or judicial office in the department of the Judge Advocate of the Fleet held before the commencement of this Act, and the office of the Judge Advocate General of the Navy or of a judge advocate held after the commencement of this Act.
(2) Out of the judge advocates so appointed, the Central Government may designate any one to be the Deputy Judge Advocate General of the Navy.
(3) A person shall not be qualified for appointment as Judge Advocate General of the Navy unless he--
(a) is a citizen of India, and
(b) has for at least ten years held a judicial office in the territory of India, or
(c) has for at least ten years been an advocate of a High Court or two or more such courts in succession
1[Provided that the Central Government may, if it is of opinion that it is necessary or expedient so to do in the exigencies of service, relax, for reasons to be recorded in writing, the qualification specified in clause (b) or clause (c) in respect of any person.]
(4) A person shall not be qualified for appointment as Deputy Judge Advocate General of the Navy unless he--
(a) is a citizen of India, and
(b) has for at least seven years held a judicial office in the territory of India, or
(c) has for at least seven years been an advocate of a High Court or two or more such courts in succession.
1[Provided that the Central Government may, if it is of opinion that it is necessary or expedient so to do in the exigencies of service, relax, for reasons to be recorded in writing, the qualification specified in clause (b) or clause (c) in respect of any person.]
(5) A person shall not be qualified for appointment as a judge advocate unless he--
(a) is a citizen of India, and
(b) is qualified for enrolment as an advocate or a leader of a High Court.
Explanation.--For the purposes of this section,--
(a) in computing the period during which a person has been an advocate of a High Court, there shall be included any period during which the person has held judicial office after he became an advocate;
(b) in computing the period during which a person has held judicial office in the territory of India or been an advocate of a High Court, there shall be included any period before the commencement of the Constitution during which he has held judicial office in any area which was comprised before the 15th day of August, 1947, within India as defined in the Government of India Act, 1935, or has practised as an advocate of any High Court in any such area as the case may be;
(c) the expression "judicial office" shall be deemed to include the office of the Judge Advocate of the Fleet or any of his deputies or assistants and any other legal or judicial office in the department of the Judge Advocate of the Fleet held before the commencement of this Act, and the office of the Judge Advocate General of the Navy or of a judge advocate held after the commencement of this Act.
1. Ins by Act 53 of 1974, s. 17 (w.e.f. 16-12-1974).
Section 169 Functions of the Judge Advocate General of the Navy.
It shall be the duty of the Judge Advocate General of the Navy to perform such duties of a legal and judicial character pertaining to the Indian Navy as may from time to time be referred or assigned to him by the Central Government or the Chief of the Naval Staff, and to discharge the functions conferred on him by or under this Act or any other law for the time being in force.
Section 170 Discharge of functions of the Judge Advocate General of the Navy in his absence.
The functions of the Judge Advocate General of the Navy shall in his absence on leave or otherwise, be performed by such one of the judge advocates in his department as may be designated in this behalf by the Chief of the Naval Staff.
Section 171 Disposal of property of deceased sailors.
(1) On the death of a 1[sailor] while subject to naval law, the commanding officer of the ship to which the 1[sailor] belonged shall as soon as may be,--
(a) secure all movable property belonging to the deceased that is in the ship or quarters and cause an inventory thereof to be made;
(b) draw the pay and allowances due to such persons;
(c) if he thinks fit, and subject to any regulations made in this behalf, collect all moneys left by the deceased in any banking company, including any post office savings banks, cooperative bank or society, or any other institution receiving deposits in money however named, and for that purpose may require the agent, manager or other proper authority of such banking company, society or other institution to pay the moneys to the commanding officer forthwith notwithstanding anything in the rules of the banking company, society or institution; and such agent, manager or other authority shall, notwithstanding anything contained in any other law, be bound to comply with the requisition.
(2) Where any money has been paid by the banking company, society or other institution in compliance with the requisition under clause (c) of sub-section (1), no person shall have any claim against the said banking company, society or other institution in respect of such money.
(3) The commanding officer shall, if in his opinion it is necessary for the purpose of securing the payment of the ship and service debts and other debts in the ship or quarters of the deceased and the expenses, if any, incurred by the commanding officer in respect of the estate of the deceased, cause the movable property of the deceased to be sold or converted into money.
(4) If the representative of the deceased is on the spot and either pays or gives security for the payment of the ship and service debts and other debts in ship or quarters due from the deceased, the commanding officer shall not take action under clause (c) of sub-section (1) or under sub-section (3).
(5) The commanding officer shall, out of the moneys so received, collected or realised under sub-sections (1) and (3), pay the ship and service debts and other debts in ship or quarters of the deceased, and the expenses incurred in connection with the realisation of the assets of the deceased.
(6) Any property left over after meeting the expenditure indicated in sub-section (5), or where the representative had paid or given security for the payment of the ship and service debts and other debts in ship or quarters the entire property of the deceased, shall be delivered over by the commanding officer to the representative of the deceased, whereupon his responsibility for the administration of the estate of the deceased shall cease.
(7) If no claim is made in respect of the said surplus by a representative of the deceased within twelve months of the death, the commanding officer shall take steps to hand over the property to the prescribed person who shall continue the administration of the estate of the deceased as provided for in section 176.
(a) secure all movable property belonging to the deceased that is in the ship or quarters and cause an inventory thereof to be made;
(b) draw the pay and allowances due to such persons;
(c) if he thinks fit, and subject to any regulations made in this behalf, collect all moneys left by the deceased in any banking company, including any post office savings banks, cooperative bank or society, or any other institution receiving deposits in money however named, and for that purpose may require the agent, manager or other proper authority of such banking company, society or other institution to pay the moneys to the commanding officer forthwith notwithstanding anything in the rules of the banking company, society or institution; and such agent, manager or other authority shall, notwithstanding anything contained in any other law, be bound to comply with the requisition.
(2) Where any money has been paid by the banking company, society or other institution in compliance with the requisition under clause (c) of sub-section (1), no person shall have any claim against the said banking company, society or other institution in respect of such money.
(3) The commanding officer shall, if in his opinion it is necessary for the purpose of securing the payment of the ship and service debts and other debts in the ship or quarters of the deceased and the expenses, if any, incurred by the commanding officer in respect of the estate of the deceased, cause the movable property of the deceased to be sold or converted into money.
(4) If the representative of the deceased is on the spot and either pays or gives security for the payment of the ship and service debts and other debts in ship or quarters due from the deceased, the commanding officer shall not take action under clause (c) of sub-section (1) or under sub-section (3).
(5) The commanding officer shall, out of the moneys so received, collected or realised under sub-sections (1) and (3), pay the ship and service debts and other debts in ship or quarters of the deceased, and the expenses incurred in connection with the realisation of the assets of the deceased.
(6) Any property left over after meeting the expenditure indicated in sub-section (5), or where the representative had paid or given security for the payment of the ship and service debts and other debts in ship or quarters the entire property of the deceased, shall be delivered over by the commanding officer to the representative of the deceased, whereupon his responsibility for the administration of the estate of the deceased shall cease.
(7) If no claim is made in respect of the said surplus by a representative of the deceased within twelve months of the death, the commanding officer shall take steps to hand over the property to the prescribed person who shall continue the administration of the estate of the deceased as provided for in section 176.
1. Subs. by Act 53 of 1974, s. 2, for "seaman" (w.e.f. 16-12-74).
Section 172 Disposal of property of deceased officers.
The provisions of section 171 shall also apply to the disposal of the property of an officer who dies while subject to naval law, but with the following modifications, namely:--
(i) the functions of the commanding officer under section 171 shall be performed by a Committee of Adjustment constituted in this behalf in the prescribed manner; and
(ii) the surplus, if any, after the payment of debts and expenses specified in sub-section (3) of section 171 shall be paid to the person prescribed in this behalf.
(i) the functions of the commanding officer under section 171 shall be performed by a Committee of Adjustment constituted in this behalf in the prescribed manner; and
(ii) the surplus, if any, after the payment of debts and expenses specified in sub-section (3) of section 171 shall be paid to the person prescribed in this behalf.
Section 173 Decision of questions as to ship and service debts and other debts in ship or quarters.
If in any case doubt or difference arises as to what are the ship or service debts and the debts in ship or quarters of a deceased officer or 1[sailor] or as to the amount payable in respect thereof, the decision of the prescribed person shall be final and shall be binding on all persons for all purposes.
1. Subs. by Act 53 of 1974, s. 2, for "seaman" (w.e.f. 16-12-74).
Section 174 Nature of the powers of commanding officer or Committee of Adjustment.
For the purpose of the exercise of his or its duties under section 171 or 172, as the case may be, the commanding officer or the Committee of Adjustment, as the case may be, shall, to the exclusion of all other persons and authorities have the same rights and powers as if the commanding officer or the Committee had taken out representation to the estate of the deceased, and any receipt given by such commanding officer or the Committee, as the case may be, shall have effect accordingly.
Explanation.--"Representation" includes probate, letters of administration with or without the will annexed and a succession certificate issued by a court of competent jurisdiction constituting a person executor or administrator of the estate of the deceased person or authorising him to receive or realise the assets of a deceased person.
Explanation.--"Representation" includes probate, letters of administration with or without the will annexed and a succession certificate issued by a court of competent jurisdiction constituting a person executor or administrator of the estate of the deceased person or authorising him to receive or realise the assets of a deceased person.
Section 175 Powers of Central Government to hand over estate of deceased persons to the AdministratorGeneral.
(1) Notwithstanding anything contained in the Administrator-General's Act, 1913 (3 of 1913), an Administrator-General shall not interpose in any manner in relation to any property of a deceased which has been dealt with under section 171 or section 172 except in so far as he is expressly required or competent to do so by or under the provisions of this Act.
(2) The Central Government may, at any time and in such circumstances as it thinks fit, direct that the estate of a deceased 1[sailor] or officer shall be handed over by the commanding officer or the Committee of Adjustment, as the case may be, to the Administrator-General of a State for administration and thereupon such commanding officer or the Committee shall make over the estate to such Administrator-General.
(3) Where under this section any estate is handed over to the Administrator-General, the latter shall administer such estate in accordance with the provisions of the Administrator-Generals Act, 1913 (3 of 1913):
Provided that where the estate is handed over to the Administrator-General before the ship and service debts and other debts in ship or quarters of the deceased are paid, it shall be the duty of the Administrator-General to pay these debts in priority to any debts due by the deceased.
(4) The Administrator-General shall pay the surplus, if any, remaining in his hands after discharging all debts and charges, to the heirs of the deceased and if no heir is traceable, shall make over the surplus to the person prescribed in this behalf.
(5) The Administrator-General shall not charge in respect of his duties under this section any fee exceeding three per cent. of the total amount coming to or remaining in his hands after payment of the ship and service debts and the other debts in ship or quarters.
(2) The Central Government may, at any time and in such circumstances as it thinks fit, direct that the estate of a deceased 1[sailor] or officer shall be handed over by the commanding officer or the Committee of Adjustment, as the case may be, to the Administrator-General of a State for administration and thereupon such commanding officer or the Committee shall make over the estate to such Administrator-General.
(3) Where under this section any estate is handed over to the Administrator-General, the latter shall administer such estate in accordance with the provisions of the Administrator-Generals Act, 1913 (3 of 1913):
Provided that where the estate is handed over to the Administrator-General before the ship and service debts and other debts in ship or quarters of the deceased are paid, it shall be the duty of the Administrator-General to pay these debts in priority to any debts due by the deceased.
(4) The Administrator-General shall pay the surplus, if any, remaining in his hands after discharging all debts and charges, to the heirs of the deceased and if no heir is traceable, shall make over the surplus to the person prescribed in this behalf.
(5) The Administrator-General shall not charge in respect of his duties under this section any fee exceeding three per cent. of the total amount coming to or remaining in his hands after payment of the ship and service debts and the other debts in ship or quarters.
1. Subs. by Act 53 of 1974, s. 2, for "seaman" (w.e.f. 16-12-74).