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Regulations for the Navy Part Ii (Discipline and Miscellaneous Provisions)

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Regulations for the Navy Part Ii (Discipline and Miscellaneous Provisions) PART II STATUTORY CONTENTS CHAPTER NO: SUBECT PAGE I Preliminary . 1 II Summary punishment and procedure 4 Section I Powers of punishment 4 Section II Investigation 12 Section III Regulations for Individual Punishment 19 III Summary Punishments for Artificer Appren-tices and Boys under training 39 IV Arrest-Suspension of sentences—Prison and Detention Quarters – Deserters Civil Authority. 43 Section I Arrest and Naval custody 43 Section II Suspension of sentences 46 Section III Miscellaneous Provisions concerning Provision and Detention Quarters 51 Section IV Civil custody 53 Section V Deserters & Absentees 58 V Courts Martial 66 VI Disciplinary Courts 84 VII Board of Inquiry 85 VIII Discipline__ Miscellaneous Provisions 90 Concordance-- Old to New 162 Concordance-- New to Old 170 REGULATIONS FOR THE NAVY PART II (DISCIPLINE AND MISCELLANEOUS PROVISIONS) CHAPTER I PRELIMINARY Short title: - 1. These Regulations may be called the Navy (Discipline and Miscellaneous Provisions) Regulations, 1965. 2. Definitions: - In these Regulations unless the context otherwise requires (a) ‘Act’ means the Navy Act, 1957 (62 of 1957). (b) “Administrative Authority” in relation to any provision of these Regulations means the authority which is designated as such in the Navy Orders. (c) “Appendix” means an Appendix set forth in these regulations. (d) “Civil Court” means a court of ordinary Criminal Jurisdiction in India. (dd) “Commanding officer” means the officer or other person in actual command of a ship or establishment. (e) “Navy Orders” means the general orders of the Chief of the Naval Staff issued in the publication entitled ‘Navy Orders’ and includes confidential Navy Orders. (f) “Prescribed form,” means an appropriate form in Appendix I applicable to the relevant section or regulation. (g) “Proper superior authority” when used in relation to any power, duty, act or matter means such authority as in pursuance of these regulations or any other regulations made under the Act or Navy Orders or any other orders issued by the Chief of the Naval Staff or usages or custom of the Naval service exercises or performs that power or duty or is concerned with that act or matter. (h) “section” means a section of the Act. (i) “sailor” means a person in the Naval service other than an officer. (j) All other words and expressions used in these regulations and not defined but defined in the Act shall have the same meaning as in the Act. 3. Reports and applications: - Any report or application directed by these regulations to be made to superior authority, shall be made in writing through the proper channel unless the said authority on account of exigencies of service or otherwise dispenses with the writing. 4. Forms: - (1) The forms set forth in Appendix I with such variations as the circumstances of each case may re3quire, shall be used for the respective purpose therein mentioned, but a deviation from such forms shall not, by reason only of such deviation, render invalid any charge, warrant, order, proceedings or any other documents made, issued or executed in pursuance of these regulations. (2) Any omission in any such Form shall not by reason only of such omission, render any act or thing invalid. (3) The directions in the notes to and the instructions in the forms shall be duly complied with in all cases to which they relate, but any omission to comply with any such directions in the notes or instructions shall not, merely by reason of such omission, render any act or thing invalid. (4) The particulars contained in a Form are hereby prescribed as the particulars required under the relevant provisions of the act or these regulations. 5. Exercise of powers of the Chief of the Naval Staff in his Absence from Naval Headquarters: - Any power vested in the chief of the Naval Staff by these regulations may be exercised when he is absent from Naval Headquarters on duty or otherwise by the Vice Chief of the Naval Staff and in the absence of both the Chief of the Naval Staff and vice Chief of the Naval Staff, by the senior principal Staff officer present in the Naval Headquarters, unless under an y general or special orders of the Chief of the Naval Staff he has reserved to himself the exercise of the specific power. 6. Cases unprovided for: - In regard of any matter not specifically provided for in these regulations, it shall be lawful for the competent authority to do such thing or take action as it appears to be just and proper. CHAPTER – II SUMMARY PUNISHMENT AND PROCEDURE Section Regulations I. Powers of punishment 7 –21 II. Investigation 22 – 33 III. Regulations for Individual punishments 34 – 73 SECTION I – POWERS OF PUNISHMENT 7. Powers of punishment of Commanding Officer: - (1) The Commanding officer may summarily try and punish any offence triable under the Act Committed by a sailor other than a capital offence and may, subject to the provisions of these regulations, award the several punishments specified in regulation 13, provided that: - (a) If the offence is alleged to have been committed by a sailor who is entitled under these regulations to electorial by court-martial, the procedure described in these regulations therefore shall be followed; (b) except as provided in regulation 36 a Chief Petty Officer, a Petty Officer, a sailor holding a leading rank or a sailor holding a good conduct badge shall not be summarily sentenced to imprisonment or detention: (c) a Commanding Officer shall not try summarily an offence where the Chief of the Naval Staff has by general or special order directed that it shall be dealt with by court-martial. (2) If the Commanding Officer, in cases within his jurisdiction considers that the offence cannot be adequately punished within his powers of punishment or where for other reasons he considers it desirable, he shall apply for a court-martial in the manner hereinafter provided. (3) The officer next in command is to assume the powers of trial and punishment of the commanding Officer only if the Commanding Officer has ceased to exercise command through sickness or for any other reason or because of absence on duty or leave during which he will be absent from the ship for over forty-eight hours. 7A. Punishments applicable to Master Chief Petty Officers: - (1) A Master Chief Petty Officer may be tried and punished summarily by the Commanding Officer of the rank of Commander and above, and may then be awarded punishments No.3, 3A, 3B, 5, 6, 10, 12 and 14 as mentioned in sub- regulation (1) of regulation 13. (2) In Ships Commanded by officers below the rank of Commander, the punishments referred to in sub-regulation (1) may, subject to the exceptions provided for in regulation 12, in respect of emergency and with the previous approval of an officer of or above, the rank of Commander, be awarded by the Commanding officer. (3) When being tried summarily, a Master Chief Petty Officer shall have no right to elect trial by court-martial. (4) As Master Chief Petty officer charged with offences which, if proved, will merit more severe punishment, is to be tried by court-martial and in the event of such Master Chief Petty Officer being reduced to a rank below Chief Petty Officer, he shall be given the option of release from the Naval service. 8. Powers of officers in Command of tenders absent from ship or boat detached: - Subject to the provisions of these regulations the powers of trial and punishment of a Commanding Officer may, as respects sailors on board a tender to the ship, be exercised in the case of a single tender absent from the parent ship by the officer in Command of the tender and in the case of two or more tenders absent from the parent ship in company or acting together, by the officer in immediate command of such tenders and as respects sailors on board any boat belonging to the ship be exercised when such boat is absent on detached service by the officer in Command of the boat, provided that the Commanding Officer of the parent ship may at his discretion restrict powers to be exercised under these regulations according to the circumstances including the time that the tender or boat will be away and the seniority and experience of the officer who is to be in command. 9. Power of officers in immediate Command of sailors on DETACHED SERVICE: - The powers of trial and punishment of the Commanding Office may be exercised as respects sailors on detached service on shore or otherwise, by the officer in immediate command, provided that: - (a) the Commanding Officer of the ship to which the sailors on detached service belong may restrict the powers exercisable under these regulations and should in every case consider whether it is desirable to do so; (b) where sailors belonging to different ship are on detached service together, the proper superior authority may restrict the powers exercisable under these regulations; (c) notwithstanding anything herein before contained, the Chief of the Naval Staff may, by special or general order provide for the regulation of the powers on the officer in immediate command of sailors on detached service and where such a special or general order is in force, no other directions shall be given by the Commanding Officer or other superior authority. 10. Powers of punishment of officers in Command of Naval Barracks not commissioned as a ship: - The powers of trial and punishment of the commanding Officer may as respects sailors quartered in Naval Barracks be exercised by the officer in command of the Naval Barracks provided that a proper superior authority may at its discretion restrict the powers of punishment to such extent as it may consider desirable.
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