9. Eligibility for appointment or enrolment.—(1) No person who is not a citizen of India shall be
eligible for appointment or enrolment in the Indian Navy or the Indian Naval Reserve Forces except with
the consent of the Central Government.
Provided that nothing in this section shall render a person ineligible for appointment or enrolment in
the Indian Navy or the Indian Naval Reserve Forces on the ground that he is a subject of Nepal.
(2) No woman shall be eligible for appointment or enrolment in the Indian Navy or the Indian Naval
Reserve Forces except in such department, branch or other body forming part thereof or attached thereto
and subject to such conditions as the Central Government may, by notification in the Official Gazette,
specify in this behalf.
10. Commissions and appointments.—(1) Officers other than subordinate officers shall be
appointed by commission granted by the President.
(2) The grant of the commission shall be notified in the Official Gazette and such notification shall be
conclusive proof of the grant of such commission.
(3) Subordinate officers shall be appointed in such manner and shall hold such rank as may be
prescribed.
11. Enrolment.—(1) Save as otherwise provided in this Act, the terms and conditions of service of
2
[sailors], the person authorised to enrol for service as 2
[sailors] and the manner and procedure of such
enrolment shall be such as may be prescribed.
(2) No person shall be enrolled as a 2
[sailor] in the Indian Navy for a period exceeding 3
[twenty years]
in the first instance:
1. Ins by Act 53 of 1974, s. 4 (w.e.f. 16-12-1974).
2. Subs. by s. 2, ibid., for “seaman” (w.e.f. 16-12-1974).
3. Subs. by Act 34 of 1987, s. 2, for “fifteen years” (w.e.f. 9-9-1987).
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Provided that in the case of a minor the said period of 1
[twenty years] shall be reckoned from the date
on which he attains the age of seventeen.
(3) Notwithstanding anything contained in any other law for the time being in force,—
(a) the enrolment of any person under this Act shall be binding on him both during his minority
and after he attains majority;
(b) neither the parent or guardian of a minor duly enrolled under this Act nor any other person
shall be entitled to claim custody of the said minor as against the Central Government or any of its
officers or other persons set over him.
12. Validity of enrolment.—Where a person after his enrolment has for a period of three months
from the date of such enrolment been in receipt of pay as a 2
[sailor], he shall be deemed to have been duly
enrolled and shall not thereafter be entitled to claim his discharge on the ground of any irregularity or
illegality in his engagement or any other ground whatsoever; and if within the said three months such
person claims his discharge, no such irregularity or illegality or other ground shall, until such person is
discharged in pursuance of his claim, affect his position as a 2
[sailor] in the naval service or invalidate any
proceedings, act or thing taken or done prior to his discharge.
13. Oath of allegiance.—Every officer and every 2
[sailor] shall, as soon as may be, after appointment
or enrolment make and subscribe before the commanding officer of the ship to which he belongs, or the
prescribed officer an oath or affirmation in the following form, that is to say:—
“I.........................do swear in the name of God
Solemnly affirm that I will bear true faith and allegiance to the
Constitution of India as by law established and that I will, as in duty bound, honestly and faithfully
serve in the naval service and go wherever ordered by sea, land or air, and that I will observe and
obey all commands of the President and the commands of any superior officer set over me, even to
the peril of my life.”.