27. Deductions from pay, etc., not to be made unless authorised.—No deductions other than those
authorised by or under this or any other Act shall be made from the pay, pensions, gratuities, allowances
and other benefits due to officers and 1
[sailors] under any regulations for the time being in force.
28. Deductions from pay and allowances of officers.—The following deductions may be made
from the pay and allowances of an officer 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 and approved by the Chief of the
Naval Staff:
Provided that the officer is not dealt with by a naval tribunal for the said absence;
(2) all pay and allowances for everyday while he is in civil or naval custody or under suspension
from duty on a charge for an offence of which he is afterwards convicted by a competent naval
tribunal or Criminal Court and sentenced to imprisonment;
(3) all pay and allowances for everyday while 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;
(4) any sum required to make good the pay and allowances of any person subject to naval law
which he has unlawfully retained or refused to pay;
(5) any sum required to make good any loss, damage or destruction of Government property or
property belonging to a naval mess, band or institution which after due investigation appears to the
Central Government, 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 officer;
1. Subs. by Act 53 of 1974, s. 2, for “seaman” (w.e.f. 16-12-1974).
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(6) any sum required to be paid for the maintenance of his wife or legitimate or illegitimate
children under the provisions of section 31;
(7) any sum which after due investigation appears to the prescribed officer to be due to a service
mess or canteen.
29. Deductions from pay and allowances of sailors.—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 1
[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.
30. Deductions awarded by naval tribunals.—Deductions may be made from the pay and
allowances of an officer or 1
[sailor] in respect of any sentence of fine, forfeiture or mulcts of pay and
allowances awarded in pursuance of this Act by a naval tribunal.
31. Liability for maintenance of wife and children.—(1) A person subject to naval law shall be
liable to maintain his wife and his legitimate or illegitimate children to the same extent as if he were not
so subject; but the execution or enforcement of any decree or order for maintenance passed or made
against such person shall not be directed against his person pay, arms, ammunition, equipments,
instruments or clothing.
(2) Notwithstanding anything contained in sub-section (1),—
(a) where it appears to the satisfaction of the Central Government or the Chief of the Naval Staff
or the prescribed authority that a person subject to naval law has without reasonable cause deserted or
left in destitute circumstances his wife or any legitimate child unable to maintain himself or has by
reason of contracting a second marriage become liable to provide separate maintenance to his first
wife; or
(b) where any decree or order is passed under any law against a person who is, or subsequently
becomes, subject to naval law for the maintenance of his wife or his legitimate or illegitimate children
and a copy of the decree or order is sent to the Central Government or the Chief of the Naval Staff or
the prescribed authority;
the Central Government, or the Chief of the Naval Staff or the prescribed authority may direct a portion
of the pay of the person so subject to naval law to be deducted from such pay and appropriated in the
prescribed manner towards the maintenance of his wife or children, but the amount deducted shall not
exceed the amount fixed by the decree or order (if any) and shall not be at a higher rate than the rate fixed
by regulation made under this Act in this behalf:
1. Subs. by Act 53 of 1974, s. 2, for “seaman” (w.e.f. 16-12-1974).
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Provided that in the case of a decree or order for maintenance referred to in clause (b) no deduction
from pay shall be directed unless the Central Government, or the Chief of the Naval Staff or the
prescribed authority is satisfied that the person against whom such decree or order has been passed or
made, has had a reasonable opportunity of appearing, or has actually appeared either in person or through
a duly appointed legal practitioner, to defend the case before the Court by which the decree or order was
passed or made.
(3) Where arrears of maintenance under a decree or order referred to in sub-section (2) have
accumulated while the person against whom the decree or order has been made is subject to naval law
whether or not deductions in respect thereof have been made from his pay under this section, no step for
the recovery of those arrears shall be taken in any Court after such person has ceased to be so subject
unless the Court is satisfied that he has, since he ceased to be subject to naval law, the ability to pay the
arrears or any part thereof and has failed to do so.
(4) Notwithstanding anything contained in any other law, where a proceeding for obtaining a decree
or order for maintenance is started against a person subject to naval law,—
(a) the court may send the process for service on that person to the commanding officer of the
ship on which such person is serving or on the books of which he is borne; or
(b) if, by reason of the ship being at sea or otherwise, it is impracticable for the court to send the
process to the commanding officer, the Court may, after not less than three weeks’ notice to the
Central Government, send it to a Secretary to that Government for transmission to the commanding
officer for service on that person:
Provided that such service shall not be valid unless there is sent along with the process such sum of
money as may be prescribed to enable that person to attend the hearing of the proceeding and to return to
his ship or quarters after such attendance.
(5) If a decree or order is passed or made in the proceeding against the person on whom the process is
served, the sum sent along with the process shall be awarded as costs of the proceeding against that
person.
(6) No process in any proceeding under this section shall be valid against a person subject to naval
law if served on him after he is under orders for service at a foreign station or beyond Indian waters.
(7) The production of a certificate of the receipt of the process purporting to be signed by such
commanding officer as aforesaid shall be evidence that the process has been duly served, unless the
contrary is proved.
(8) Where by a decree or order a copy whereof has been sent to the Central Government or the Chief
of the Naval Staff or the prescribed authority under clause (b) of sub-section (2), the person against whom
the decree or order has been passed or made is directed to pay as costs any sum sent along with the
process [referred to in the proviso to sub-section (4)], the Central Government may pay to the person
entitled an amount in full satisfaction of that sum and the amount so paid by the Central Government shall
be deemed to be a public demand recoverable from the person against whom the decree or order has been
passed or made, and without prejudice to any other mode of recovery, may be recovered by deduction
from his pay, in addition to the deductions authorised by sub-section (2).
(9) Where any person subject to naval law has made an allotment of any part of his pay and
allowances for the benefit of his wife, that allotment shall not be discontinued or reduced until the Central
Government or the Chief of the Naval Staff or the prescribed authority is satisfied that the allotment
should no longer be made or should be reduced.
(10) In this section, the expression “pay” includes all sums payable to a person subject to naval law in
respect of his services other than allowances in lieu of lodgings, rations, provisions, clothing and
travelling allowances.
32. Limit of certain deductions.—Except when the deductions are made under sub-sections (1), (2)
and (4) of section 28 or sub-sections (1) and (2) of section 29, the total deductions from the pay and
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allowances of an officer or 1
[sailor] shall not exceeded in any one month one-half of his pay and
allowances for that month.
33. Remission of deductions.—(1) Any deduction from the pay and allowances authorised by or
under this Act may be remitted by the Chief of the Naval Staff in his discretion.
(2) Such deduction may also be remitted in such manner and to such extent and by such other
authority as may be prescribed.