(a) Maintenance of law and order.
(b) Maintenance of essential services.
(c) Assistance during natural and other calamities such as earthquakes, floods, famine and fires, etc.
(d) Other types of assistance which may be needed by civil authorities.
(2) Provision of Aid When the assistance of the Navy is required by the civil authorities the Administrative Authority or the senior officer, will, whenever possible, obtain, through proper channel, the approval of the Central Government. In emergencies and when time does not permit of a reference to the Central Government, the local Naval authorities shall comply immediately, as far as possible, with the demand reporting their action without delay, through proper channel, for confirmation.
(3) Maintenance of Law and Order.
(a) Requisition: -
(i) Every requisition made on an officer in command of Naval forces, in writing or by telegram, by a civil authority for Naval aid for maintenance of law and order (including prevention of disturbance), shall be complained with immediately
(ii) The strength and composition of the force, the quantity of ammunition, arms and equipment to be taken and the manner of carrying out the operations are matters for the Naval authorities alone. For instructions for dispersal of unlawful assemblies and firing on them, see clauses (c) and (d)
(b) Liaison Officer.
(j) To ensure that the Naval authorities immediately concerned get the earliest possible opportunity of gauging the probable requirements of the situations, the Naval authority on receipt of a warning by the civil authorities that Naval forces may be required in aid of the civil authorities will despatch a Naval liaison officer to get into personal touch with the civil authority in the affected area. The liaison officer will furnish reports regarding the situation.
(ii) Until the services of the Naval forces are no longer required by the civil authorities, the liaison officer will maintain close touch with the local civil and police authorities, and with the officer in command of the Naval force employed. He will be under the orders of the officer in command of the naval force during the presence of the latter at the scene of action, if that officer is senior to him. Alternatively, should the liaison officer be the senior, he will automatically be in military command unless specially ordered to the contrary by the officer who detailed him. It would, however, be preferable, if it can be so arranged, that the liaison officer is of such ran k that he will not have to take command of the Naval force.
(iii) On the withdrawal of the Naval force, or if it is decided that they need not be called out, the liaison officer will submit a written report to the officer who detailed him. The report will comprise a brief narrative of events and a brief summary of his observations and his appreciation of the cause of the trouble.
The liaison officer will remain in the disturbed area until ordered to rejoin his ship. The report will be forwarded to the Chief of the Naval Staff through the normal channel.
(c) Unlawful Assemblies – Dispersal of: -
(i) The definition of ‘an unlawful assembly’ is given in section 141 of the Indian Penal Code. The law on the subject of dispersal of unlawful assemblies is contained in sections 129
(1) to 132 (3) of the Code of Criminal procedure – 1973.
The law referred to above is reproduced in Appendix 2 to Part 1
(ii) Requests by Civil Authorities.
(aa) Civil Authorities may call upon Naval authorities for the actual dispersal of unlawful assemblies and/or to effect arrests of persons forming part of unlawful assemblies. The civil authority who can require the dispersal of an unlawful assembly by Naval forces is the magistrate of the highest rank who is present. (See sections 130 (1) and 130 (2) & (3) Cr.P.C.)
(ab) The request made by the Magistrate should preferably be in writing, but if made verbally, the officer in command, of the Naval force should ask the Magistrate to repeat the request in the presence of two Naval personnel, and to confirm his verbal instructions in writing as soon as possible
(ac) The requisition shall be complied with immediately.
(ad) The landing of a Naval force for the express purpose of aiding the civil authority shall not be resorted to except in cases of emergency, when, in the opinion of the magistrate, no other sufficient means are available to disperse such assemblies on shore.
(ae) The presence of a magistrate, which is inferred in the following directions, is a matter of the highest importance, and steps shall invariably be taken to secure his attention with the party.
(af) The officer in command of the Naval force will not use force unless called upon to do so by the magistrate present, and even then he must exercise his own judgement as to whether force is really necessary, and as to the mode and degree of force to be used. He should not order the men to fire unless the use of fire arms is plainly necessary; and generally he should bear in mind that it is his duty to use no more force than is necessary, and to discontinue its use altogether the moment he can safely do so.
(ag) The strength and composition of the force, the quantity of ammunition to be taken, and the manner of carrying out the task are matters for the decision of the Naval authorities alone.
(iii) For power of a commissioned officer to disperse an unlawful assembly when no magistrate can be communicated with, see section 131 Cr.P.C.
(iv) Provisions of sub clause (ii) do not apply in cases of special emergency where, in order to secure the safety of the force employed, it becomes indispensably necessary to take immediate action, and where such action cannot safely be deferred until the order or authority of the magistrate has been obtained, or consultation with him has taken place, or extraordinary occasions of immediate or pressing danger, when violent crimes are being or are likely to be committed, and for some special reason consultation with the magistrate is not possible.
(v) Naval personnel shall, under no circumstances accept any offer of appointment as magistrate.
(d) Firing on Unlawful Assembly.
(i) When the officer in command of the naval force is required by a magistrate under the Code of Criminal procedure, sec 130 (2) and
(3), or decides that it is necessary, under sec 131 ibid, to disperse an unlawful assembly by force, he will, before taking action, adopt the most effective measures possible to explain to the people concerned whenever possible that the naval force is about to fire, and that the fire will be effective. The officer in command of the Naval force and the magistrate who accompanies the force should consult together as to the best practicable means of giving such warning.
(ii) All orders to the Naval force will be given by the officer in command. They will on no account fire except by his word of command. If it becomes necessary to order them to fire, he will exercise a humane discretion in deciding both the number of rounds and the objects to be aimed at. If the officer in command is of the opinion that a slight effort will attain the object, he will give the command to one or more selected men to fire. If a greater effort be required, will only be given on the regular word of command of the officer in command. If it is necessary for more sections than one to fire at a time, the officer in command will clearly indicate to the Naval force which subordinate commander is to order any of the sections to fire. The order to any one or more selected men or to a particular section to fire will be given only by the commander indicated.
(iii) If it becomes necessary to fire, officers and sailors have a serious duty, which they must perform with coolness and steadiness and in such a manner as to be able to cease fire the instant it is no longer necessary.
(iv) Care shall be taken to fire only on those persons who can be seen to be implicated in the disturbance .To fire over the heads of a crowd has the effect of favouring the most daring and guilty,and of sacrificing the less daring,and even the innocent.Fire should be aimed low,the idea being to injure and incapacitate rather than to kill.It should be born in mind that the amount of force ,both as regards the number of rounds used as well as the damage done,should be the minimum required to disperse the unlawful assembly or to perform the task indicated.Officers should also bear in mind that they are legally protected if they act in good faith which is held to mean “with due care and attention”.Firing with blank ammunition is forbidden.
(4) Maintenance of Essential Services.
(a) Naval forces will be made available for maintenance of essential services on the authority of the Central Government only.
(b) Naval forces can lawfully be commanded to maintain essential services during strikes or in an emergency if and in so far as some military object, purpose or proceedings is affected and in such cases no declaration under the Armed Forces (Emergency Duties) Act is necessary
(c) Under the provisions of the Armed Forces (Emergency Duties) Act, 1947, reproduced in Appendix 2 to Part 1, Naval forces can be employed in the maintenance of a service vital to the community if that service is to be declared by a notification issued by the Central Government.
(5) Assistance during Natural and other Calamities. Assistance during natural calamities and in other serious emergencies shall be provided by the Naval forces when sanctioned by the Central Government. But where time does not permit of a reference being made to the Central Government, the local Naval authority may, at his discretion, comply with the request of the civil authority to the best of ability reporting immediately through proper channel his action to the Central Government.
(6) Other type of Assistance. Aid required by civil authorities other than for:-
(a) Maintenance of law and order, [sub-regulation (3)].
(b) Maintenance of essential services, [sub-regulation (4)].
(c) Assistance during natural and other clamities, [sub-regulation (5)], will be provided on the orders of the Central Government.
(7) When Indian Naval Ships, Naval Aircraft, equipment and personnel are lent to the Central Ministries, State Governments, semi-Government and autonomous bodies, under the authority of the Government of India/the Chief of the Naval Staff, recoveries on the following basis are to be made from borrowing authorities for the period of loan in respect of the various types of aids mentioned below:-
(a) Maintenance of Law and Order.
(b) Maintenance of Essential Services.
(c) Assistance during Natural and other Calamities such as earthquakes, floods, fire, famine etc.
(d) Assistance in the Execution of Development Projects.
(e) Any other type of assistance which may be needed by the civil authorities and the Armed Forces are in a position to render.
(8) Maintenance of Law and Order . All expenditure on the employment of Naval personnel will be borne by the Central Government although it will be open to the State Governments to contribute towards the cost, if they so desire.
(9) In cases of maintenance of essential services, assistance during natural calamities, and assistance in the execution of developments projects, no recovery will be made from the State Government on account of:-
(a) Normal pay and allowances and rations of service personnel made available from the existing service strength. However, in cases where additional ship/personnel are maintained by retaining those due for paying off/release or by recruiting new personnel specifically to meet the requirements of the State, the entire cost of the maintenance of these ships/personnel will be charged to the project for recovery from the State Government. The Government of India, however, expect that accommodation, water, etc., would be provided free for these personnel by the State Government, if required.
(b) Clothing, equipment, vehicles, etc., used by service personnel.
(c) Supervision charges or interest on the capital value of these articles.
(d) Hospitalisation and treatment of the service personnel injured whilst employed in rendering aid to civil authorities.
(10) In cases mentioned in sub-regulation (9), recovery will, however, be made in respect of the following:-
(a) Consumable stores including P.O.L. entire cost at payment issue rates.
(b) Non-consumable stores and equipment
(i) Depreciation assessed on the replacement cost on account of wear and tear.
Note:- For Aircraft, depreciation will be calculated on original cost.
(ii) Cost of repair and maintenance.
(iii) Cost of replacement of equipment rendered unserviceable as a result of such use. The assessment will be made having regard to its condition before its use on the project. In the case of aircraft, normal strike off wastage element only will be included in the charges irrespective of the actual rate of accident.
(c) Incidental expenditure necessitated by the work e.g., cost of movement of ships, personnel and equipment to and from the site of work and extra allowances, rations, clothing and amenities, where provided.
(11) In cases, mentioned in sub-regulation (9), pensions in respect of any accident to Naval personnel will be the liability of the Government of India. For this purpose, Naval personnel will be treated on duty. Any damage to crops or compensation payable to civilians will, however, be the responsibility of the State Government concerned.
(12) Any other type of Assistance. Liability of a State Government to whom assistance is rendered in connection with any other type of assistance, will, however, be limited to the following:-
(a) Entire cost of the naval personnel including ordinary pay and allowances, cost of transport, equipment including loss and repair expenses, etc. and extraordinary charges the shape of special pay or transportation of stores or the supply of stores to the personnel engaged.
(b) Pensions in respect of casualties occurring due to the employment of the naval personnel with the State Government. The State Government concerned, will also be liable for a proportionate share of service pension/gratuity on a service share basis.
(13) In the the event of difference of opinion arising as to the actual method of calculating the charges payable, the decision of the Government of India will be final.
0231. Prisoners from Merchant Ships. No Indian merchant seaman shall be received in one of Indian Naval Ships abroad as a prisoner, unless the witnesses necessary to substantiate the charges, or the depositions taken upon the charge under which the prisoner is in custody, accompany him, or unless the senior officer is satisfied that the witnesses will be in attendance on the arrival of the prisoner at the place where he will be handed over to the civil power.
0232. Expiration of Appointment. He will, on relinquishing his command, deliver to his successor the originals or authenticated copies of all unexecuted orders, general regulations, books of reference and other documents he may have received for his information or guidance, and he will furnish him with all other information likely to be of use in service.
0233. War Diaries. In time of war the Administrative Authorities or the Senior Officer present and Flag Officer Area/Naval Officer-in-charge (NOIC) shall keep a Diary of policy, Planning and events in their Commands. The Diary is required to facilitate research into the effect of war-time policy, measures and operations and to provide material for the compilation of Staff histories. The diary should be rendered monthly in duplicate to the Chief of the Naval Staff in the following forms:-
(a) Section I – Synopsis of Policy, Planning and Principal Events. This section should contain an explanation of origin and progress of principal occurances and activities in the command. Operations covered by a separate report should only be summarised and reference made to the serial number and date of the main report. Reference to daily signals of the Chief of the Naval Staff as well as his own should be quoted.
(b) Section II – Day by Day Record of Events. This should include the dispositions and movements of I.N. Ships; the Fleet, Flotilla or station Daily State; the arrival and departure of convoys and independently routed merchant ships; loss of and damage to I.N.Ships; loss and damage to merchant ships within the command and whether they were in convoy or sailing independently; brief statements on enemy activities within the command and counter measures undertaken.
(c) Section III – Monthly summary of Losses of and Damage to Indian and allied Warships and Merchant ships.
(d) Section IV – Monthly summary of shipping movements recorded in section II.
(e) Section V – The standing orders issued in the Fleet, Flotilla or on the station. (This is additional to copies forwarded under regulation 0205 (Station orders)).
(2) The copy of the diary retained by the Administrative Authority or the Senior Officer present and Flag Officer Area, Naval Officer-in-charge shall be treated as Charge Document.
0234 to 0240 blank.
SECTION II – AN AREA 0241 General Duties. (1) The Administrative Authority of an area shall be guided in the conduct of his general duties by the foregoing instructions, particularly as regards preparation for war and the training of the personnel, and shall also observe the following instruction relating to the special duties connected with his command.
(2) He shall be responsible for the prompt and complete equipment and manning of all ships in the area when commissioning, refitting or paying off.
(3) He shall consider all flag or other officers who are junior to himself and all ships present as under his orders, except such as are actually under the orders of a Senior (Flag or other) Officer then present, but such vessels shall be under his control in all matters provided for b y the regulations of the port.
(4) He shall not interfere with ships arriving at or lying at ports within his station but not in sight of his flag unless specially directed to take them under his orders; and, except in some emergency which does not permit of reference to the Chief of the Naval staff, he shall not send any ships to sea except those which have been specially placed under his orders.
(5) During war he shall see that the authorised local regulations for the control of traffic are properly enforced, and he will further ensure the safety of the port by disposing the vessels under his special command in whatever manner may sem to him best suited to secure that end.
0242 In war. (1) In time of war or strained relations he is responsible for:-
(a) The control and safety of all shipping within the area of his command.
(b) The protection of ships in harbour and ofn harbour installations from attack by the enemy
(2) In exercising this responsibility he shall cooperate with the Army, Air Force and Civil Defence Commanders and shall ensure the efficient operations at ports in his command of:-
(a) The Examination Service.
(b) The control of shipping entering or leaving the port.
(c) The Local Seaward Defence Organisation
(d) The Underwater Seaward Defences.
(e) The Boom and Net Defences.
(3) He shall acquaint himself with all the powers vested in him under statutory rules framed in time of war or emergency.
(4) The Senior Officer at an Indian port in the command is responsible to the Flag or other officer in command of the area for compliance with these instructions within the area of his command.
0243. Senior Flag Officer at Port. (1) Should a Flag or other officer, who is senior to the Flag or other officer in command of the port enter the port limits, he shall not interfere with the conduct of the port but after receiving the visit of such junior officer shall direct him, whether or not his own flag remains flying, to continue to carry out the duties of the port.
(2) Ships under the actual command of such senior (Flag or other) Officer shall, while in the port, be under the control of the Flag or officer in command of the port in all matters governed by the port regulations.
0244. Reports from Ships. The Flag or other officer in command shall receive all letters, returns, and reports from the Flag and other officers and ships placed under his orders, as well as from such ships as may become subject to his control by the regulations of the port, but in that case only in regard to such matters as are affected by those regulations.
0245. Completion Postponed. Whenever the time fixed for completion of a ship’s refit or readiness for any service is postponed, he shall require from the Captain a report of the cause, which he will communicate if necessary to the Chief of the Naval Staff by signal or letter, adding his own opinion as to the necessity for the delay.
0246. Completing Ships. (1) He will inform the Commodore, Bureau of Sailors of the details of the commissioning of a ship and of his special requirements, if any
(2) The Commodore, Bureau of sailors will provide the ship’s company in accordance with the authorised complement and the special requirements. The flag or other officer in command of the Area shall ensure that the ship is provided an adequate ship’s company.
0247. Inspections. He shall muster and inspect every ship when ready for sea on first commissioning, or on newly commissioning after a long refit out of commission, but a ship commissioning for a flag shall be inspected before the flag is hoisted on board. A brief written report to the Chief of the Naval Staff of the results of the inspection will usually be sufficient.
0248. Inspection of Detention Quarters. He shall inspect Indian Naval Detention Quarters in his area as early as possible in each year, reporting the result of his inspection to the Chief of the Naval Staff on the prescribed form.
0249. Inspection of Hospitals and Sick Bays. (1) The Administrative Authority of the area shall inspect the Naval hospitals and any permanent sick bays within his command once a year or more often as he considers necessary. He shall thereupon report to the Chief of the Naval Staff the state in which he may find them, and whether every proper attention is paid to the care and comfort of the patients.
When unable to carry out the inspection himself, he shall direct one of the Flag or other Senior Officer under his orders to do so.
(2) When temporary sick bays are hired, or established, he shall take care that they are frequently visited and inspected, in such cases not necessarily by one of the Senior Officers.
0250. Ships not to delay Sailing. He shall not allow the Captain of any of Indian Naval Ships to prolong his stay in port after receiving his sailing orders, should the state of the weather permit him to put to sea; and he shall report whenever he considers that a ship has put back or been brought into port unnecessarily.
0251 to 0255. Blank.
SECTION III – FOREIGN RELATIONS
0256. Relations with Foreigners. (1) When visits are paid to foreign ports or places, particular care shall be taken to avoid giving any cause of offence or dissatisfaction to the authorities or inhabitants; due deference shall be shown by officers and sailors to local regulations, and customs; and all shall do their best by their correct conduct to ensure the goodwill and respect of the inhabitants.
(2) In all dealings with foreigners, officers shall show an example of moderation and courtesy. They shall preserve a strict neutrality in all cases of civil dissensions and shall not interfere directly or indirectly in political questions; and in the absence of any Diplomatic or consular officer, the Senior Officer should urge upon Indian citizens the like forebearance.
0257. Communications with Foreign Authorities. (1) All communications with the local authorities or with the foreign consuls at a foreign port should, as a general rule, be made through the Indian Diplomatic or consular authorities on the spot.
(2) Any remonstrance with the civil authorities can only the duty of a naval officer in the absence of an Indian Diplomatic or Consular representative, and in such cases it must be made by the senior officer only.
0258. Landing Armed Force. No armed force shall be landed from Indian Naval Ships for exercises or for any other purpose, on foreign soil, without the permission of the local authorities, nor shall any measure be taken for apprehending leave-breakers, without such permission. On wearing uniform see regulation 2604.
0259. Protection of Indian Citizens. Protection of Indian citizens is, as a general rule, to be limited to affording them an asylum of board ship, and to securing them by boats an escape from the shore when their departure may be a measure of necessary precaution; intervention by the landing of an armed force shall only be resorted to when the lives or property of Indian citizens are actually in danger from violence which cannot otherwise be controlled. Whenever circumstances may permit, Naval officers should communicate with the Indian Diplomatic or Consular officers on the spot before taking steps in such cases.
0260. Distressed Indian Citizens. (1) No person shall be received on board any of Indian naval Ships as a distressed Indian citizen at a port where there is an Indian consular officer, without his written requisition.
(2) If there should be no consular officer present, the Senior Naval Officer on the spot shall exercise his discretion in regard to the claim of any applicant for a passage at the public expense. The relief shall only be granted in case of destitution and the circumstances will be reported fully.
(3)The requisition and order, and a full report of the circumstances shall be forwarded to the Chief of the Naval Staff.
(4) Persons of un sound mind (unless they belong to the naval, army or air services) shall not be received on board Indian naval Ships, or fleet auxiliaries, except with the special sanction of the Chief of the Naval Staff.
0261. Refugees. (1) Ships in the ports of a foreign country shall not receive on board persons, even if Indian citizens, who are seeking refuge for the purpose of evading the laws of the foreign country to which they may be subject.
(2) During political disturbances or popular tumults, refuge may be afforded to persons fleeting from imminent personal danger, In such cases care must be taken that the refugees do not carry on correspondence with their partisans from Indian Naval Ships, and the earliest opportunity must be taken to transfer them to some place of safety.
(3) Except in extreme cases, passages should not be given to the subjects of foreign Governments.
(4) Whenever circumstances may permit, Naval officers should communicate with the Indian diplomatic or consular officers on the spot before taking steps for the reception of refugees on board their ships.
0262. Piratical Acts. If any armed vessels, not having a commission as a war ship from a recognised foreign Government, whether defacto or de jure, should commit practical acts and outrages against the vessels and goods of India’s citizens or of the subjects of any other foreign power in amity with India, and if credible information should be received thereof, such armed vessel shall be seized and detained by any of Indian Naval Ships falling in with her, and sent to the nearest Indian port where there is a court of competent jurisdiction for the trial of offences committed on the high seas, together with the necessary witnesses to prove the actor acts, and with her master and crew in safe custody, in order that they may be dealt with according to law. In the event, however, of an attack by a ship in the possession of insurgents against their own domestic Government, upon ships-of-war of that Government, upon merchant ships belonging to their own country, or the cities, ports, or people within the territorial limits of their own nation, Indian Naval Ships have no right to interfere except as mentioned in Regulation 0259 (Protection of Indian Citizens), and then the operation must be restricted to such acts as may be necessary to attain the precise objects in view.
0263. Joint Action with Foreign Ships. The limitations in the preceding regulations apply equally to cases of joint action with foreign ships of war, when the interests of their fellow subject are involved with those of Indian citizens. In such cases Naval officers may act in concert with the foreign Naval officers so far as amicable representation is concerned, but such concert shall not be carried beyond the limits prescribed to Indian Naval Officers when Indian interests alone are concerned.
0264. Protection of Foreigner. Application for the protection of subjects of foreign powers in amity with India, may be entertained if none of their ships-of-war is present, but the application should be made through the Indian Diplomatic or Consular officer, and it should be acceded to only when the protection does not interfere with the public service or with the orders under which the naval officer is acting.
0265. Protection of Indian Ships. The foregoing regulations are also applicable to the protection to be afforded to Indian ships in foreign ports, they shall only be protected by force against actual and wrongful violence and when remonstrance has failed.
0266. Neutrality. When powers in amity with India are in a state of war, or are engaged in hostilities, it is the duty of all India’s officers to observe a strict and impartial neutrality between the contending parties, and to respect unreservedly the just exercise of their respective belligerent rights.
0267. Entry into Neutral Ports. (1) Subject to any limit which the neutral authorities may place upon the number of belligerent ships of war to be admitted into any one of their ports, at the same time, the Senior Officer, by the comity of nations, may enter a neutral port with his ships for the purpose of taking shelter from the enemy or from the weather or of obtaining provisions or repairs that may be pressingly necessary.
(2) He is bound to submit to any regulations which the local authorities may make respecting the place of anchorage, the limitation of the length of stay in the, the interval to elapse after a hostile man-of-war has left the port before his ships may leave in pursuit etc.
(3) He must abstain from any acts of hostility towards the subjects, vessels, or other property of the enemy which he may find in them neutral port.
(4) He must also abstain from increasing the number of his guns, from procuring military stores and from augmenting his crew even by the enrolment of Indian citizens.
0268. Respect of Territorial Limits. The territorial limits of foreign powers in amity with India shall scrupulously be respected, in so far as they do not exceed the limits generally recognised in international law. No exercise of authority over the persons, the ships, or the goods of another nation is permissible in territorial waters, nor shall any gun firing or other practices or hydrographic surveys take place within such limits without the permission of the appropriate authorities.
0269. Coercion of Indian Merchant Ship. If any Indian merchant ship should be coerced into the conveyance of troops or into taking part in other hostile acts, the Senior Naval Officer, should there be no Diplomatic or Consular authority at the place, will remonstrate with the local authorities and take such other steps to ensure her release or exemption as the case may demand, and as may be in accordance with the regulations.
0270. Indian Seaman ill-treated. If it should come to the knowledge of the Senior Indian Naval Officer that any Indian seaman serving in foreign merchant ships are ill-treated, he will at once apprise the consul should there be no consular officer on the spot, he will inform the local authorities of the circumstances.