68. Deductions from pay and allowances of officers.—The following penal deductions may be
made from the pay and allowances of an officer, that is to say,—
(a) all pay and allowances due to an officer for every day he absent himself without leave, unless
a satisfactory explanation has been given to his commanding officer and has been approved by the
Central Government;
(b) all pay and allowances for every day while he is in custody or under suspension from duty on
a charge for an offence for which he is afterwards convicted by a criminal court or an Assam Rifles
Court or by an officer exercising authority under section 64 or section 65;
(c) any sum required to make good the pay of any person subject to this Act which he has
unlawfully retained or unlawfully refused to pay;
(d) any sum required to make good such compensation for any expenses, loss, damage or
destruction occasioned by the commission of an offence as may be determined by an Assam Rifles
Court by whom he is convicted of such offence or by an officer exercising authority under section 64
or section 65;
(e) all pay and allowances ordered by an Assam Rifles Court to be forfeited or stopped;
(f) any sum required to pay a fine awarded by a criminal court or an Assam Rifles Court;
(g) any sum required to make good any loss, damage or destruction of public or regimental
property which, after due investigation, appears to the Central Government to have been occasioned
by the wrongful act or negligence on the part of the officer;
(h) all pay and allowances forfeited by order of the Central Government if the officer is found by
a Court of inquiry constituted by the Director-General in this behalf, to have deserted to the enemy, or
while in enemy hands, to have served with, or under the orders of, the enemy, or in any manner to
have aided the enemy, or to have allowed himself to be taken prisoner by the enemy through want of
due precaution or through disobedience of orders or wilful neglect of duty, or having been taken
prisoner by the enemy, to have failed to rejoin his service when it was possible to do so;
(i) any sum required by order of the Central Government to be paid for the maintenance of his
wife or his legitimate or illegitimate child or towards the cost of any relief given by the said
Government to the said wife or child.
69. Deductions from pay and allowances of persons other than officers.—Subject to the
provisions of section 72, the following penal deductions may be made from the pay and allowances of a
person subject to this Act other than an officer, that is to say,—
(a) all pay and allowances for every day of absence either on desertion or without leave, or as a
prisoner of war unless a satisfactory explanation has been given and accepted by his Commandant,
and for every day of imprisonment awarded by a criminal court, an Assam Rifles Court or an officer
exercising authority under section 62;
(b) all pay and allowances for every day while he is in custody on charge for an offence of which
he is afterwards convicted by a criminal court or an Assam Rifles Court or on a charge of absence
without leave for which he is afterwards awarded imprisonment by an officer exercising authority
under section 62;
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(c) all pay and allowances for every day on which he is in hospital on account of sickness
certified by the medical officer attending on him to have been caused by an offence under this Act
committed by him;
(d) for every day on which he is in hospital on account of sickness certified by the medical officer
attending on him to have been caused by his own misconduct or imprudence, such sum as may be
specified by the order of the Central Government or such officer as may be specified by that
Government;
(e) all pay and allowances ordered by an Assam Rifles Court or by an officer exercising authority
under any of the sections 62, 64, 65 and 66 to be forfeited or stopped;
(f) all pay and allowances for every day between his being recovered from the enemy and his
dismissal from the service in consequence of his conduct when being taken prisoner by, or while in
the hands of the enemy;
(g) any sum required to make good such compensation for any expenses, loss, damage or
destruction caused by him to the Central Government or to any building or property as may be
awarded by his Commandant;
(h) any sum required to pay a fine awarded by a criminal court, an Assam Rifles Court or an
officer exercising authority under any of the sections 62 and 67;
(i) any sum required by order of the Central Government or any prescribed officer to be paid for
the maintenance of his wife or his legitimate or illegitimate child or towards the cost of any relief
given by the said Government to the said wife or child.
70. Computation of time of absence of custody.—For the purpose of clauses (a) and (b) of section
69,
(a) no person shall be treated as absent or in custody for a day unless the absence or custody has
lasted, whether wholly in one day, or partly in one day and partly in another, for six consecutive hours
or upwards;
(b) any absence or custody for less than a day may be reckoned as absence or custody for a day if
such absence or custody prevented the absentee from fulfilling any duty which was thereby thrown
upon some other person;
(c) absence or custody for twelve consecutive hours or upward may be reckoned as absence or
custody for the whole of each day during any portion of which the person was absent or in custody;
(d) a period of absence or imprisonment, which commences before, and ends after, midnight may
be reckoned as a day.
71. Pay and allowances during trial.—In case of any person subject to this Act who is in custody or
under suspension from duty on a charge for an offence, the prescribed officer may direct that the whole or
any part of the pay and allowances of such person shall be withheld, pending the result of his trial on the
charge against him, in order to give effect to the provisions of clause (b) of section 68 and section 69.
72. Limit of certain deductions.—The total deductions from the pay and allowances of a person
made under clauses (e), (g) to (i) of section 69 shall not, except where he is sentenced to dismissal or
removal, exceed in any one month one-half of his pay and allowances of that month.
73. Deduction from public money due to a person.—Any sum authorised by this Act to be
deducted from the pay and allowances of any person may, without prejudice to any other mode of
recovering the same, be deducted from any public money due to him other than a pension.
74. Pay and allowances of prisoner of war during inquiry into his conduct.—Where the conduct
of any person subject to this Act when being taken prisoner by, or while in the hands of the enemy, is to
be inquired into this Act or any other law, the Director-General or any officer authorised by him may
order that the whole or any part of the pay and allowances of such person shall be withheld pending the
result of such inquiry.
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75. Remission of deductions.—Any deduction from pay and allowances authorised by this Act may
be remitted in such manner and to such extent and by such authority, as may, from time to time be
prescribed.
76. Provision for dependents of prisoner of war from remitted deductions.—In the case of all
persons subject to this Act, being prisoners of war, whose pay and allowances have been forfeited under
clause (a) of section 69, but in respect of whom a remission has been made under section 75, it shall be
lawful for proper provision to be made by the prescribed authorities out of such pay and allowances for
any dependants of such persons, and any such remission shall in that case be deemed to apply only to the
balance thereafter remaining of such pay and allowances.
77. Provision for dependents of prisoner of war from his pay and allowances.—It shall be lawful
for proper provision to be made by the prescribed authorities for any dependants of any person subject to
this Act who is prisoner of war or is missing, out of his pay and allowances.
78. Period during which a person is deemed to be a prisoner of war.—For the purposes of
sections 76 and 77, a person shall be deemed to continue to be prisoner of war until the conclusion of any
inquiry into his conduct such as is referred to in section 74 and if he is dismissed or removed from the
service in consequence of such conduct, until the date of such dismissal or removal.