Report to be furnished. If an officer overstays any leave granted to him, a full explanation, supported by the necessary certificates, shall be forwarded to the to the authority granting the leave.
3215 – 3218. Blank.
SECTION III – SAILOORS
3219. Sailors Who Have Never Broken Leave or Broken Out Ship.
In every seagoing ship a list shall be kept of sailors who have neither broken their leave nor broken out since they joined the ship. This list should be made use of only on very special occasions and the utmost care shall be taken that it is not used unnecessarily.
3220. Young Sailors. (1) Where he considers it desirable to do so, the Captain may restrict the night leave of Seaman Second Class (and equivalent sailors of other branches) under the age of 20 by requiring them to be on board by 2300 hours. This should be done in special circumstances when it would be undesirable to give these young sailors the same privileges as older sailors or where in the opinion of the Senior Officer abroad, conditions peculiar to a certain area make it desirable. In the latter case the Senior Officer abroad should issue instructions for the guidance of Captains.
(2) Sailors shall be allowed leave frequently at such ports as are considered suitable for the purpose, but they shall be allowed to sleep out of the ship except in special cases with the Captain’s permission. They should, as a rule, return from leave in time for supper, but in homeport leave for junior sailors up to the age of 18 years age group, may be extended to 2300 hours if they are of good behaviour.
3221. General Regulations for Long Leave. See the Navy Leave Regulations (INBR 53).
3222. Absentees on ship Sailing. Sailors who miss their passage, owing to improper absence from their ships on leaving port, shall after undergoing such punishment as may be awarded for the offences, be sent to their own ships, ships, should an opportune it be likely to occur within a reasonable period.
.
CHAPTER 33 GENERAL LEGAL MATTERS
3301. Legal Proceedings. When any suit or other legal proceeding which has reference to his ship is brought in any court of law, the Commanding officer shall send a full report of all the proceedings in the matter, together with all paper connected therewith, through the normal channels to the Chief of the Naval Staff for transmission to the Government.
3302. Requests from Lawyers and other Persons for Information.
Requests for information concerning Naval person el which may be received from solicitors and others in connection with actual or potential litigation shall be submitted to the Chief of the Naval Staff, or in a foreign port to the Consular or Diplomatic Representative of India, for advice as to the action to be taken.
3303. Naval Witnesses in civil Courts. (1) Every officer is required to obtain the approval of the Chief of the Naval Staff before giving evidence by his own consent as an expert witness in lawsuit or arbitrations between private parties. In the case of the Chief of the Naval Staff, prior approval of the Central Government shall be obtained. If, however, time does not permit of obtaining the approval of the Chief of the Naval Staff before the date on which an officer has been summoned to appear, the summons shall be obeyed and the matter reported forthwith to the Chief of the Naval Staff.
(2) When any such officer is allowed, or compelled under summons of a court, to give evidence in court or at an arbitration as an expert witness in matters coming before him in his official capacity, or where his evidence is likely to involve statements of Government or Naval practice, the fees to be paid for his services will be credited to Naval Estimates as public money. The officer will be entitled to traveling allowance appropriate to his rank, as prescribed for an officer on duty.
(3) Where the evidence to be given involves no reference to Naval or Government practice, the officer may submit to the Chief of the Naval Staff that he be allowed leave of absence, subject to the exigencies of the service, to give such evidence and to retain any fees which may be offered. Any leave with pay so taken will be treated as part of ordinary leave allowed by the regulations.
3304. Engagement of Counsel at Courts-Marital. (1) Officer empowered to convene courts-martial may, with prior approval of the Chief of the Naval Staff, for each case, engage counsel for conducting the prosecution at courts-material.
(2) The recommendation for engagement of counsel should not be made unless convening officers are satisfied that it is essential in the interest of adequate prosecution.
(3) The counsel should be engaged in consultation with the Judge Advocate General of the Navy and fees should be fixed in consultation with him, subject to such restrictions regarding the maximum amount payable to the counsel as laid down by the Government from time to time. See regulation 163, Regulations for the Navy Part II, (Statutory).
3305. Person Subject to the Navy Act Charged Before Magistrate. See regulation 114A, Regulations for the Navy Part II and Appendix IV thereof.
3306. Legal Assistance. (1) In criminal cases of such urgency that immediate action is absolutely necessary (e.g., where it is essential to have the offender arrested and charged before reference can be made to higher authorities), legal assistance may be obtained as directed in regulations 3307 and 3308.
(2) In all cases a report of the circumstances shall be forwarded to the Chief of the Naval Staff.
(3) In criminal cases which are not so urgent, and in all other cases except inquests (for which the instructions are contained in regulation 2905 (2)) when legal aid is required for official purposes, the matter should be referred to the Chief of the Naval Staff, but see sub-regulation (4).
(4) Payment of fees to lawyers for drafting legal opinion or interpretation of terms of contract, etc; -
(a) The advice of a Government Law officer, if available, or of a selected private practitioner may be obtained for the legal interpretation of the terms of and the determination of them obligations arising from contracts, the settlement whereof is in dispute. A reference for obtaining such advice whether initiated by the officer empowered to conclude the contract or by the Controller of Defence Accounts (Navy), Bombay, shall be made through the Administrative Authority concerned, who before referring the matter for legal advice, shall obtain the views of both the Controller of Defence Accounts (Navy), Bombay, and the officer administering the contract, so that both the points of view may be placed before the Law officer or the private practitioner as the case may be.
(b) The payment of fees for such advice is to be sanctioned by the Administrative Authority concerned or the Chief of the Naval Staff in accordance with the procedure laid down for similar payment under regulations 3307 and 3308.
(c) Administrative Authorities are hereby empowered inter alia to engage a counsel to conduct the following proceedings in a court of law, after a case has been referred for arbitration: -
(i) For securing implementation of the award of an arbitrator.
(ii) To challenge the award of an arbitrator.
(iii) When the matter is referred by an arbitrator for the opinion of the court.
(d) The proceedings before an arbitrator not being proceedings in a court of law, Administrative Authorities are not to employ a lawyer to conduct a case on behalf of the Government, before an arbitrator, without the previous approval of the Chief of the Naval Staff.
(5) A list of civil law officers, and the Naval officers who are entitled to consult them, is given in regulation 3311.
3307. Criminal Prosecution of an Offender in Civil Court in Cases in which the Indian Navy is Directly Interested. See regulation 126, Regulations for the Navy Part II (Statutory) and Appendix II thereof.
3308. Defence of Sailors Charged with Criminal Offences. See regulation 126 (1), Regulations for the Navy II (Statutory) and Appendix II thereof.
3309. Defence of Sailors Charged with Criminal Offences. See regulation
(2), Regulations for the Navy Part II (Statutory).
3310. Officers Authorised to Sign and Verify Plaints or Written Statements in Suits by or Against the Central Government. In exercise of the powers conferred by Rule 1 of Order XXVII of the First Schedule to the Code of Civil Procedure 1908 (Act V of 1908), the Central Government has appointed: -
(a) The officers specified in the schedule annexed hereto as persons by whom plaints and written statements in suits in any court of civil jurisdiction by or against the Central Government shall be signed.
(b) Those of the officers referred to in sub-regulation (a) who are acquainted with the facts of the case, as persons by whom such plaints and written statements shall be verified.
SCHEDULE. (INDIAN NAVY)
1. Chief Of the Naval Staff.
2. Vice chief of the Naval Staff.
3. Flag Officer Commanding-in-Chief of a Command.
4. Flag Officer Commanding Fleet.
5. Flag Officer Commanding Area.
6. Assistant Chief of Personnel, at Naval Headquarters.
7. All Directors at Naval Headquarters.
8. Admiral/Commodore/Captain Superintendent of Dockyards.
9. Director General of Naval Project, Bombay, Visakhapatnam, Karwar.
10. Chief Staff Officer (Personnel and Administration) at Command Headquarters.
11. General Manager (Personnel)/Deputy General Manager (Personnel)/Personnel Manager Dockyard.
12. Commanding officers of all ships and establishments.