Section 4431, Regulations for the Navy Part I

(a) Fitment of new equipment.

(b) Modification to the basic design of existing equipment/systems/habitability items.

(d) Replacement of old equipment by modified ones.

(2) A’s & A’s shall be minor or major. Minor A’s & A’s are those which do not involve procurement of new equipment/fitting/stores and the job can be completed within the resources of Refitting Authorities. All other fall within the category of major A’s & A’s.

(3) A’s & A’s are to be proposed by the Commanding officers, Administrative Authorities, Refitting Authorities, or Naval Headquarters, keeping in view the following:

(a) Justification of the proposal vis-a-vis the remaining operational life of the ship.

(b) The necessity of the proposal for sea-going and fighting efficiency of the ship.

(4) Proposal for A’s & A’s (minor as well as major) shall be initiated by a letter as follows: -

(a) By Naval Headquarters – to Administrative Authority for feasibility study.

(b) By Administrative Authority.

(c) By ship directly under the control of the Administrative Authority or Fleet Commander to the Administrative Authority in duplicate with a copy to the Refitting Authority.

(d) By ship of the Squadron – to the Squadron Leader, in triplicate, who is to consider the feasibility and its applicability to the other ships of the same class. The Squadron Leader is to forward one copy each of the proposal together with his comments to the concerned Administrative Authority and the Refitting Authority.

(5) On receipt of the proposal for major A’s & A’s Administrative Authority shall convene a board of officers representing the Command, Refitting Authority, Materials organisation, squadron/ ship staff for examining in detail the feasibility of the proposal.

(6) Final Proposal. Final proposal shall be forwarded by the Administrative Authority to the Chief of the Naval Staff, as applicable, in triplicate, on Form In 359, along with the proceedings of the feasibility board. Each proposal should have a distinguishing number.

(7) The Administrative Authority, when submitting the proposal to the Chief of the Naval Staff shall recommend one of the following classifications:

‘A’ It is to be used in exceptional circumstances only, when it is considered that this item, if approved, will improve sea-going and fighting efficiency of the ship or similar consideration resulting in great economy, and undertaking of this item cannot be postponed till the next refit.

‘B’ Items which are of importance but can be undertaken at the next refit of the ship.

‘C’ Items which should be done during long refits, major conversions or modernisation.

‘D’ Items which are not recommended for undertaking in the existing ships due to the high cost or old age of the ships but are recommended for inclusion in future designs, when it is intended to construct ships of the same class.

(8) All proposals received in Naval Headquarters will be scrutinised and decision communicated to the concerned Administrative Authority and Refitting Authority.

(9) Immediately on receipt of the approval in principal, the concerned Refitting Authority shall prepare working drawings and bill of installation material.

Thereafter, the estimates shall be prepared and forwarded to Naval Headquarters with the following details:

(a) Cost of labour.

(b) Overheads on labour.

(d) Overheads on material.

(e) Source of supply and anticipated cost of materials not held in stock.

(f) Approximate period required for implementation.

(10) On receipt of the estimate of cost, the proposed A’s & A’s will be considered at Naval Headquarters in totality and the decisions for its implementation along with the following information will be communicated to all concerned: -

(a) Description.

(b) Identification number allocated, to be quoted in all future correspondence.

(d) Classification.

(11) On receipt of financial approval from Naval Headquarters, Materials organisation will initiate provisioning/earmarking of stores/equipment ship wise.

(12) Naval Headquarters shall intimate to the Administrative Authority and the Refitting Authority the list of A’s & A’s required to be undertaken during any refit based on the delivery schedule of main equipment. As a general rule, all major A’s & A’s, will be undertaken during normal refit and above.

(13) The ship’s staff shall forward a list of ‘as fitted’ drawings and fixtures, where changes will be involved due to implementation of A’s & A’s, to the concerned Administrative Authority and Refitting Authority prior to commencement of work.

(14) The Refitting Authority shall forward the following details in Naval Headquarters half yearly: -

(a) Approved A’s & A’s in Progress.

(b) Approved A’s & A’s awaiting supply of stores/spares/equipment.

(d) Approved A’s & A’s awaiting financial sanction.

(e) Approved A’s & A’s completed during the last 6 months.

(f) Approved A’s & A’s under estimation.

(15) The Refitting Authority shall render a completion report on all A’s & A’s on Form In 477 immediately on completion of refit of a ship. The revised ‘as fitted’ drawings along with technical documents shall be forwarded by refitting Authority within three months of the completion of refit

(16) The ships shall render 6-monthly returns indicating the position of all A’s & A’s pertaining to the ship.

(17) Alterations in Stores and Spare Gear. When certain stores or equipment become redundant as a result of the implementation of Alterations and Additions, commanding officer of the ship shall ensure that such stores or equipment are surveyed to the respective store-holding authority for disposal in the normal manner.

(18) Demanding of the Main Equipment/Unit for Installation. The demands for the equipment will be raised on respective Materials organisation by the concerned Refitting authority who will regularise the transaction on Form NSO IN 478 after the fitment of the items.

APPENDEX I REGULATION RELATING TO THE POSSESSION OF PRIVATE ARMS BY OFFICERS AND SAILORS (See regulations 0134)

1. Possession of Private Arms. Regulations governing the acquisition, possession and custody of private firearms are contained in the Arms Act 1959 (Act No.54 of 1959) and Arms Rule 1962.

2. General Provisions.

(a) The Arms Act 1959 provides that any person disposing of arms, which he possesses for his own private use, to an y other person not entitled by law to possess the same, is liable to be published with imprisonment, which may extend to six months or with a fine, which may extend to five hundred rupees, or with both.

(b) No one shall possess, acquire or carry any private arms or ammunition without valid licence, unless he is exempted from taking a licence. The arms which an officer or sailor is allowed to possess will not include weapons, the import of which is prohibited under the Arms Rule 1962, Rule 8, Clause (a) nor will it include captured enemy weapons, ammunition, explosives and dangerous substances and bayonets except when individuals have already been permitted to retain these (even if in an unserviceable condition) and a licence, if necessary, has been obtained from the licensing authority. No licence will be granted for the possession of rifle, muskets, pistols and revolvers specified in that clause unless such weapons have been lawfully imported into India.

(c) If any person wishes to dispose of arms and ammunition either by private sale, public auction or otherwise, he will ascertain that the prospective purchaser is a person entitled by law to possess them and is not a person who is, by any enactment for the time being in force, prohibited from possessing them. Except when the purchaser is a person entitled to posses arms or ammunition under the Arms Act 1959 Section 9, the vendor will ensure that the weapons being sold or otherwise disposed of and without unnecessary delay give to the magistrate of the district or to the officer-in-charge of the nearest police station notice of the sale and full particulars as under: -

(i) Name, rank and unit of vendor.

(ii) Licence number with details of arms and ammunition disposed of,.

(iii) Manner of disposal.

(iv) Name of purchaser, licence number and issuing authority. In the case of an individual below the rank of an officer, the procedure in (b) above will be conducted through commanding officer of the unit, ship or establishment concerned.

(d) Failure to comply with these instructions renders the vendor liable to be punished with imprisonment, which may extend to three years, or with a fine or with both.

(e) Private arms and ammunition for which licence is required must be recorded in the ship/establishment private arms register. The private arms register of all ships or establishments shall render by 15th December each year an annual report to the District Magistrate concerned showing details of private arms and ammunition held in the ship or establishment. Private arms register together with a certificate that licences for those arms and ammunition for which license are required, exist.

(f) While serving with the inter service organisation or on deputation with a civil department, officers wishing to retain their private arms and ammunition for which no licence is required, will get such arms and ammunition recorded in the private arms register at their respective base establishment. They will be personally responsible to report to the commanding officer of the base establishment regarding disposal or purchase of arms and ammunition. They may, if they so desire, deposit their private arms and ammunition for safe custody in the armoury of the nearest Naval unit/establishment

(g) Arms and ammunition, the possession of which has ceased to be lawful, will without necessary delay be deposited either with the officer-in-charge of the nearest police station or with a licensed dealer or in a ship’s/establishment’s armoury. In case the arms and ammunition are deposited on account of suspension revocation or refusal to renew the licence, the deposited on account of suspension revocation or refusal to renew the licence, the depositor or in case of his death his legal representative may during the period prescribed under Arms Rule 46, sell or otherwise dispose off the arms and ammunition to any person lawfully entitled to possess the same. If the arms and ammunition, so deposited have not been disposed off or their possession has not become lawful with I the prescribed period, they are liable to be forfeited to the Government. Any arms and ammunition deposited in a unit armoury may, unless returned or disposed off earlier be transferred after expiry of a period of 30 days after such deposit to the nearest police station under intimation to the depositor and the licensing authority.

(h) Service personnel, during the tenure of their service, may also deposit their arms and ammunition duly licensed either with the officer-incharge of the nearest police station or with a licensed dealer or in a ship’s/establishment’s armoury, who will satisfy that the possession of arms and ammunition was lawful. In the event of failures to get the licence of the arms and ammunition deposited for safe custody, renewed for three years, the matter will be brought to the notice of the District Magistrate for such action, as he may consider necessary.

(j) When arms and ammunition are deposited vide sub-regulation (g) and

(h) above, a card will be attached with each article showing the following: -

(i) Description of article.

(ii) Name and address of depositor.

(iii) Particulars of licence or exemption (if any).

(iv) Serial No. in register and date of deposit.

(v) Date of expiry of licence due for forefeiture or disposal.

(vi) Date up to which deposited (in case deposited for safe custody).

(vii) (signature of depositor).

(viii) (signature of gunnery officer).

A receipt containing the above particulars will be issued to the depositor a copy thereof will also be sent to the authority who granted the licence or renewed it last. (Note Arms Act section 21 and Arms Rule 46 and 46 regarding deposit of arms and ammunition refer).

(k) Register of arms and ammunition deposited in a ship’s/establishment’s armoury under sub-regulation (h) and (j) above, will be maintained in the manner as may be prescribed by the Central Govt. or the Government or administration (under delegated authority) of the place where the armoury is situated. A copy of the entries in the registers relating to the quarters’ ending the last day of March, June, September or December, each year, certified as true copy under the signature of the officer-in-charge of the ships/establishment armoury will be forwarded to the District Magistrate concerned as early as possible after the expiry of each quarter. The officer in-charge of the unit armoury will also submit to District Magistrate by 15th December each year, a report showing the particulars of arms or ammunition in the unit armoury which have or will become liable to forfeiture by the end of that year.

(l) Arms and ammunition deposited in a ship’s/establishment’s armoury and the register maintained for this purpose will be inspected periodically by the Commanding officer of the ship’s/establishments, or any other officer empowered by him, in accordance with the procedure prescribed by the state Government where the ship or establishment is located.

(3) Officer. An officer is allowed to possess fire arms for the purposes of sport provided that before their purchase he takes out a licence on payment of prescribed fee for the possession of such weapons unless otherwise exempt.

(4) Sailors. Sailors whether on the active list or retired and in receipt as such of a pension, if granted a licence to carry or possess a sporting gun, a rifle together with a reasonable quantity of ammunition for sporting purposes, in Form III set out in Schedule III to Arms Rule 1962, are exempt from the payment of any fee for such a licence, provided that if application for renewal is not made within one month of the date on which the licence expired and unless the applicant satisfies the licensing authority that he had sufficient cause for not making the application within that period, the licensing authority may, in his discretion, levy renewal of the rate specified in the form. If an individual wishes to carry these Arms and ammunition on a journey outside the area covered by the licence (se out in Schedule III to the Arms Rule) on payment of the prescribed fee. Arms and ammunition will not be carried when proceeding on leave to foreign countries.

(5) Purchase of Arms by Sailors. A sailor shall not purchase arms or ammunition unless: -

(a) He has been furnished by his Commanding officer or head of department with a written permit specifying, in the case of arms, the period for which it is valid, and in the case of ammunition, the amount purchase able on the occasion by each individual purchase

(b) The arms and ammunition are purchased from a person entitled under the Arms Act, 1959 (Act 54 of 1959) and Arms Rules 1962, to possess or sell arms or ammunition.

(c) The arms and ammunition so purchased by him and the arms and ammunition already possessed by him do not exceed the numbers authorised by these regulations.

(6) Grant of licences to Sailors. A sailor may on the recommendation of his Commanding officer, be given, at the discretion of the licensing authority, a licence, free of charge, to carry or possess for his personal use one sporting gun or rifle, one sword, dagger or knife, together with a reasonable quantity of ammunition. The conditions are as follows: -

(a) He is of good character.

(b) The possession of arms and ammunition, to which these regulations apply is immediately reported and their description entered in the private arms register, maintained in the ship/establishment, extracts of which shall be sent with the sailors documents when he is transferred.

(d) The loss of arms or ammunition is immediately to be reported.

(e) If he wishes to take his arms on furlough or leave, he shall obtain a pass from his Commanding officer. This pass shall be produced on return, together with the arms to which it relates. The Commanding officer shall satisfy himself that the arms have not been changed, failure to produce the arms or pass shall be punished by deprivation of pass for one year, which should be communicated to the magistrate concerned. If an absentee uis found in possession of arms and ammunition not covered by a pass, he shall be made over to the Naval Authority for trial.

(f) The licence shall only be valid while he is serving in the Navy. When recommending sailors to be granted licences, Commanding officer shall judge each case on its merits and not issue recommendations indiscriminately. The Commanding office shall certify that arms are required for sporting purposes or for the protection of crops. The date the applicant is due for discharge or transfer to the reserve shall also be stated, and where the discharge is imminent, whether the applicant will be eligible for a pension or not.

(7)

(a) Passes. Every pass shall be granted by the Commanding officer who shall not delegate his authority. The pass shall contain: -

(i) A full description of arms, with a record of their distinctive remarks and ammunition, authority. The pass shall contain: -

(ii) The parentage, religion, class, tribe and home of the holder of the pass.

(b) The Magistrate of the district in which the pass holder intends to reside shall be furnished with a duplicate copy of pass by the Commanding officer in the case of sailors proceeding on leave or furlough. When passes are cancelled or withdrawn, the Civil officer shall be informed.

(8) Special Licences for Exporting Arms outside India. Officers and sailors possession, at the time of their release/retirement/discharge, a weapon requiring licence, shall be warned if their home is situated beyond the limits of India they must obtain through their Commanding officer an export licence. Application for export licences shall be forwarded by Commanding officers to the Central Government (Ministry of External Affairs) through the Chief of the Naval Staff. An export licence is not required for a kukri lawfully held by a Gorkha proceeding to Nepal.

(9) Indian Naval Auxiliary Service Personnel and Pensioners. A sailor before transfer to the IN Auxiliary service or to pension establishment, wishing to retain his private arms, subject to the extent specified in sub-regulation (2) of this Appendix, shall full inn a form in triplicate and give full description of the arms in respect of which he desired exemption from payment of licence fees. The Commanding officer shall endorse his recommendations on all three forms and shall given one copy to the sailor before he leaves the ship, and one copy shall be dispatched to the Civil officer concerned. The third copy shall be kept in the ship for record. The licensing authority has full discretion to grant or refuse a licence.

(10) Applications of Indian Naval Auxiliary Service Personnel and Pensioners for Renewal of Licence. An application by an Indian Naval Auxiliary service person or pensioner for the renewal of licence fee shall be submitted direct to the civil authority.

(11) First Licences Indian Naval Auxiliary Service Personnel and Pensioners. An ex-sailor does not receive preferential treatment as regards the grant of an arms licence, when his first application is made after leaving the Navy. He does, however, enjoy the previlage of recommendation from his Commanding officer for continuance or renewal of licence, exemption from fee, for arms, for which he has already obtained a licence, while in the Navy.

12. Offences by Indian Naval Auxiliary Service Personnel and Pensioners.

Offences under Arms Act 1959 (Act 54/59) and Arms Rule 1962, committed by Indian Naval Auxiliary Service personnel and pensioners will be dealt with in an ordinary manner by the civil authorities.

(13) Report of Loss of Arms by Indian Naval Auxiliary Personnel and Pensioners. Every sailor before transfer to the Indian Naval Auxiliary service or pension establishment, and every Indian Naval Auxiliary service person before returning home after training shall be warned by his commanding officer that he must report the loss or theft of an y arms covered by the licence, to the nearest police station as required by the conditions on the licence form.

(14). Passes to be given to IN Auxiliary Personnel and Discharged Sailor.

Sailors and IN Auxiliary service personnel on discharge from the Navy cannot be granted arms passes and any such passes shall be withdrawn from them.

(15). Kirpans. All kirpans possessed or carried by Sikhs while in the Navy are exempt from the operation of the Arms Act 1959 and the Arm Rule 1962, provided they conform to the measurements laid down which ha a maximum length of blade of 22.86 cms and a maximum width 5.08 cms.

Note: Sikh personnel in the Navy shall, however, conform to such restrictions as the State Government may impose by special order during an emergency on the carrying of kirpans vide Arms Rule 1962.

(16) Possession of Arms. The Arms Act 1959 does not apply to the bearing or possession of arms in the course of duty. The following are the personal arms permitted to be borne or possessed by commissioned officers including those of the Special Duty list officers: -`

(a) Two revolvers or two pistols or one revolver and one pistol of an y pattern, one of which must take ammunition of the bore of the service pistol/revolver, as authorised from time to time.

(b) One sword; and

Note: 1. Officers only if already in possession, are allowed to retain two swords.

2. No licence fee is chargeable from ex-Indian Commissioned Officers of the Navy so long as they are entitled to wear the uniform of the Navy in respect of revolvers or automatic pistols which formed part of equipment when in employment as such officers together with a reasonable quantity of ammunition for the same and for which licence may be granted/renewed.

(17) Arms in possession of officers – Custom Duty.

(a) Of the two revolvers/pistols referred to above in the case of commissioned officers in sub-regulation (16) one will be a service one and the other privately owned by him. An officer while serving is allowed to possess without a licence the latter weapon.

(b) He is permitted to import this second pistol or revolver into India free of custom duty, because at the time it is treated as “Naval Armament Store” and part of his personal equipment. But when the officer sells his privately owned weapon to a civilian or is released from service, it ceases to be “Naval Armament Store” and becomes liable to custom duty. Further a firearm licence is at once necessary.

(c) Officers due for release or wishing to dispose off their privately owned weapons to a civilian if they so desire, may do so, after completing the due custom formalities.

(d) Officers wishing to retain any pistol or revolver on release or desirous of selling their privately owned weapons to a civilian at any time shall ensure that the requisite fire arms licence is obtained before hand.

(18). Carrying of Private Arms for Game Shooting Purposes on Courses Abroad.

(a) Officers and sailors proceeding abroad shall ensure that if they take private arms and ammunition, their licences to possess such arms and ammunition are current for the period of stay abroad. A licence for acquisition and possession of such arms and ammunition will, unless revoked earlier, continue in force for a period of three years from the date of its issue, provided that such a licence can be granted for such a shorter period if the licensees so desire, or the licensing authority, for reasons to be recorded in writing, considers in any case that the licence should be granted for shorter period.

(b) At the port of embarkation ex-India, officers concerned shall declare their private arms and ammunition to the Collector of Customs and obtain a certificate in the proper form from him that they have declared their intention to bring back such arms and ammunition to India on the completion of their courses abroad. On the basis of such certificates, private arms and ammunition brought back to India within three years are not liable for customs duty.

(d) At the port of disembarkation abroad, the private arms and ammunition in question will be declared to the Custom Authorities. The customs take possession of the weapons and give the owner an Arms Certificate. The owner then applies to a specified authority for a firearms certificate, where the officer is attending this course. A fee is payable for the certificate. The certificate when obtained has to be handed over to the customs authorities and the arms and ammunition are then handed back

(19). A certificate is not necessary in U.K. where the bore is smooth and the barrel 20” or over in length.

(20). To use a private arm abroad a gun licence has to be obtained (in U.K.

from the local post officer) on payment pf a fee.

APPENDIX 2 DISPERSAL OF UNLAWFUL ASSEMBLIES – EXTRACTS FROM RELEVANTACTS (See regulations 0230 (3) (c)) EXTRACTS FROM THE INDIAN PENAL CODE (ACT XLV OF 1860), THE CODE OF CRIMINAL PROCEDURE (1973), THE ARMED FORCES (EMERGENCEY DUTIES ACT, 1947) AND SEAWARD ARTILLERY PRACTICE ACT, 1949.

I “The Indian Penal Code (Act XLV of 1860)

141. Unlawful assembly. An assembly of five or more persons is designated an “unlawful assembly”, if the common object of the persons composing that assembly is – First. To overawe by criminal force, or show of criminal force, the Central or any state Government, or Parliament or the Legislature of any state, or any public servant in the exercise of the lawful power of such public servant; or Second. To resist the execution of any law, or of any legal process; or Third. To commit any mischief of criminal trespass, or other offence;

Fourth. By means of criminal force, or show of criminal force, to any person to take or obtain possession of any property or to deprive any person, of the enjoyment of a right of way, or of the use of water or other incorporated right of which he is in possession or enjoyment or to enforce any right or supposed right; or Fifth. By means of criminal force, or show of criminal force, to compel any person to do what he is not legally bond to do, or to omit to do what he is legally entitled to do.

Explanation. An assembly which was not unlawful when it assembled may subsequently become an unlawful assembly.

II “The Code of Criminal Procedure (1973)

129. Dispersal of Assembly by use of Civil Force. (1) Any Executive Magistrate or officer in charge of a police station or, in the absence of such officer-incharge, any police officer, not below the ran k of a sub-inspector, may command any unlawful assembly, or any assembly of five or more persons likely to cause a disturbance of the public peace, to disperse; and it shall thereupon be the duty of the members of such assembly to disperse accordingly.

(2) If, upon being so commanded, any such assembly does not disperse, or if, without being so commanded, it conducts itself in such a manner as to show a determination not to disperse, any Executive Magistrate or police officer referred to in sub-section (1), may proceed to disperse such assembly by force, and may require the assistance of any male person, not being an officer or member of the armed forces and acting as such, for the purpose of dispersing such assembly, and, if necessary, arresting and confining the persons who form part of it, in order to disperse such assembly or that they may be published according to law.

130. Use of armed forces to disperse assembly. (1) If any such assembly cannot be otherwise dispersed, and if it is necessary for the public security that it should be dispersed, the Executive Magistrate of the highest rank who is present may cause it to be dispersed by the armed forces

(2) Such magistrate may require any officer in command of any group of persons belonging to the armed forces to disperse the assembly with the help of the armed forces under his command, and to arrest and con fine such persons forming part of it as the magistrate may direct, or as it may be necessary to arrest and confine in order to disperse the assembly or to have them punished according to law.

(3) Every such officer of the armed forces shall obey such requisition in such manner as he thinks fit, but in so doing he shall use as little force, and do as little injury to person and property, as may be consistent with dispersing the assembly and arresting and detaining such persons.

131. Power of certain Armed Forces Officers to Disperse Assembly. When the public security is manifestly endangered by any such assembly and no executive magistrate can be communicated with, any commissioned or gazetted officer of the armed forces may disperse such assembly with the help of the armed forces under his command, and may arrest and confine any persons forming part of it, in order to disperse such assembly or that they may be punished according to law; but if, while he is acting under this section, it becomes practicable for him to communicate with an Executive Magistrate, he shall do so, and shall thenceforward obey the instructions of the magistrate as to whether he shall or shall not continue such action.

132.Protection against Prosecution for ACTS Done Under Proceeding Section.

(1) No prosecution against any person for any act purporting to be done under section 129, section 130 or section 131 shall be instituted in any criminal court exept:

(a) With the sanction of the Central Government where such person is an officer or member of the armed forces.

(b) With the sanction of the State Government in any other case.

(2)

(a) No Executive Magistrate or police officer acting under an y of the said Sections in good faith;

(b) No person doing any act in good faith in compliance with a requisition under Section 129 or Section 130;

(d) No member of the armed forces doing any act in obedience to an y order which he was bound to obey; shall be deemed to have thereby committed an offence.

Provided that no such prosecution shall be instituted in any criminal court against any officer or soldier, sailor or airman in the armed forces except with the sanction of the Central Government.

(3) In this Section and in the preceding Sections of this Chapter:

(a) The expression “armed forces” means the Military, Naval and Air forces, operating as land forces and includes any other armed forces of the union so operating;

(b) “Officer”, in relation to the armed forces, means a person commissioned, gazetted or in pay as an Officer of the armed forces and includes a junior commissioned office, a warrant officer, a petty officer, a non-commissioned officer and a non-gazetted officer;

(c) “Member”, in relation to the armed forces, means a person in the armed forces the than an officer, III “THE ARMED FORCES (EMERGENCY DUTIES) ACT, 1947” (XV OF 1974) AN ACT TO ENABLE DUTIES IN CONNECTION WITH VITAL SERVICES TO BE IMPOSED IN AN EMERGENCY ON THE ARMED FORCES WHEREAS it is expedient to enable duties in connection with vital services to be imposed in an emergency on the Armed Forces;

It is hereby enacted as follows;: - Short title and extent. This may be called the Armed Forces (Emergency Duties) Act, 1947.

(2) Emergency duties of Armed Forces. (1) The Central Government may, by notification in the official gazette, declare any specified service in a State to be a service of vital importance to the community:

Provided that such notification shall remain in force for one month in the first instance, by may be extended, from time to time, by a like notification.

(2) Upon a declaration being made under sub-section (I) and until it is rescinded, it shall be the duty of every person subject to the Army Act, 1950, or the Air Force Act, 1950, or the Navy Act, 1957, to obey any command given by any Superior Officer in relation to employment upon or in connection with the service specific in the declaration; and every such command shall be deemed to be a lawful command within the meaning and for the purposes of the said Acts”.

IV SEAWARD ARTILLERY PRACTICE ACT, 1949 (ACT 8 OF 1949) (17th February 1949) An Act to provide facilities for carrying out seaward artillery practice.

Whereas it is expedient to provide facilities for carrying out sea ward artillery practice.

It is hereby enacted as follows; -

(a) For Statement of Objects and Reasons, see Gazette of India 1949, Pt. V.P.

17.

This Act and all rules, notifications orders, schemes, forms and bye-laws made there under, as in force in the State of Bombay, were extended to and made enforceable in the absorbed areas of Shahda, Nandurbar and Taloda Talukas of the West Khandesh district and the Dohad Taluka and the Jhalod Mahal of the Panch Mahal District.

See the Absorbed Areas (Laws) Act, 1954 (20 of 1954), S.3 and Sch. II (30-4- 54).

The Act has been extended to the Union Territories of –

(1) Goa, Daman and Diu by Regn. 12 of 1962 (31-1-1963).

(2) Pondicherry by Regn, 7 of 1963 (1-10-1963).

(3) Laccadive, Minicoy and Amindivi Islands by Regn.8 of 1965 (1-10-1967)

1. Short title, extent and application. (1) This Act may be called THE SEAWARD ARTILLERY PRACTICE ACT, 1949.

(2) It extends to ll the States which have a sea coast and applies also to, and to persons on any vessel which is registe3red in India or which belongs to any person domiciled in India, wherever it may be.

2. Interpretation. (1) In this Act, unless there is anything repugnant in the subject or context.

(a) “Notified area” means any part of the area of the sea and the shore adjoining that area which may be specified in this behalf by notification under Section 3.

(b) “Prescribed” means prescribed by Rules made under this Act.

(c) “Seaward Artillery Practice” Means artillery practice or coastal firing, towards the sea, whether within or beyond the territorial waters and includes air armament practice.

(d) “Vessel” includes any ship, boat, country craft or any other description of vessel.

3. Power of Central Government to Authorise Seaward Artillery Practice.

(1) The Central Government may, by notification in the official gazette, authorise the carrying out of seaward artillery practice over such area and during such period or periods as may be specified in the notification. Provided that there shall be an interval of at least fourteen days between the date publication of such notification in the official gazette and the date of carrying out of seaward artillery practice.

(2) The Central Government shall, as soon as may be, after the publication of a notification under sub-section (1), cause the substance thereof to be published: -

(a) In some newspaper circulating in, and in the language commonly understood in, the area specified in the notification.

(b) In such other manner as may be prescribed.

(3) If any question arises whether the substance of a notification under subsection (1) was published as required by sub-section (2) a certificate by the Collector of the district in which the notified area is situated that the substance of the notification was so published shall be conclusive.

3-A. Power to delegate. The Central Government may by notification in the official gazette, direct that the power to issue notifications under Section 3 shall, subject to such conditions, if any, as may be specified in the notification, be exercisable also by such State Government as may be specified therein.

4. Powers Exercisable for Purpose of Seaward Artillery practice. (1) After a notification under sub-section (1) of Section 3 has been issued, such persons as are included in the forces engaged in seaward artillery practice may, within the notified area and during the period or periods specified in the notification: -

(a) Give directions prohibiting or restricting the use of the notified area or any part thereof including the use of any part of the area of the sea by any vessel, and take such further measures as may be necessary to ensure that no u7nauthorised person enters, passes over or remains in the notified area or part thereof, as the case may be during such practice.

(b) Carry out seaward artillery practice with lethal missiles.

(2) The officer commanding the forces engaged in any such practice may declare any portion of the notified area to be a danger zone, and thereupon the Collector shall, on application made to him by the officer commanding the forces engaged in the practice, prohibit the entry into and secure, with the assistance of the Naval or military authorities concerned, the removal from such danger zone of any person, property or vessel during the times when the discharge of lethal missiles is taking place or there is danger to life or property.

5. Compensation. Where by reason of a notification issued under Section 3 the carrying out of seaward artillery practice is authorised in any notified area compensation shall be payable for any damage to person or property or interference with rights or privileges arising from such practice including expenses reasonable incurred in protecting person, property, rights or privileges.

6. Method of Assessing Compensation. (1) For the purpose of determining the amount of any compensation payable under Section 5, the Collector of the district in which any notified area is situated shall depute one or more Revenue officers to accompany the forces engaged in the practice.

(2) The Revenue officer so deputed shall consider all claims for compensation under Section 5 and determine, on local investigation and after affording the claimant an opportunity of being heard, the amount of compensation, if any, which shall be awarded in each case, and shall disburse on the stop to the claimant compensation so determined as payable.

(3) Compensation payable under sub-section (2) shall include compensation for the removal from any portion of a notified area declared to be a danger zone of any person, property or vessel and for any damage sustained in the course of any such removal. The compensation for removal will be disbursed on the spot at not less that the minimum prescribed rates before the removal is enforced.

(4) Any claimant dissatisfied with the refusal of the Revenue officer to award him compensation or with the amount of compensation awarded to him by the Revenue officer may, at any time within one month of the communication to him of the decision of the Revenue officer, prefer an appeal to the Collector against the decision.

(5) The decision of the Collector on such appeal shall be final and no suit shall lie in any civil court in respect of any matter decided by the Collector under this Section.

(6) No fee shall be charged in connection with any claim, notice, appeal, application or document filed before the Revenue officer or the Collector under this Section.

7. Offence. If within a notified area and during any period specified in a notification issued under sub-section (1) of Section 3, any person: -

(a) Wilfully obstructs or interferes with he carrying out of seaward artillery practice.

(b) Without due authority enters or remains in any camp.

(c) Without due authority enters or remains in any area declared to be a danger zone at a time when entry thereto is prohibited.

(d) Without due authority interferes with any flag or mark or target or buoy or any apparatus used for the purposes of seaward artillery practice, shall be punishable with fine which may extend to twenty rupees or with imprisonment which may extend to fifteen days, or with both.

8. Protection of action taken under this Act. (1) No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act or any rules made there under.

(2) Except as otherwise provided in this Act, no suit or other legal proceeding shall lie against the Central Government or the (State Government) in respect of an y damage caused or likely to be caused by anything in good faith done or intended to be done in pursuance of this Act or any rules made there under.

9. Power to make rules. (1) The Central Government may, by notification in the official gazette, make rules for giving effect to the provisions of this Act and different rules may be made for different states o for different areas thereof.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: -

(a) The manner in which the substance of a notification under Section 3 may be published.

(b) Regulating the use under this Act of the notified area for seaward artillery practice in such manner as to secure the public against danger, and to enable the practice to be carried out with the minimum inconvenience to the inhabitants of the area affected.

(c) The minimum rates at which compensation shall be payable under subsection (3) of Section 6, and generally regarding the making of claims for compensation, the procedure to be followed by the authorities granting compensation the expeditious settlement of claims and filing of appeals for original awards pf compensation.

(d) The principles to be followed in assessing the amount of compen sation to be awarded under the Act.

(e) Any other matter which is required to be, or may be, prescribed.

(3) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

APPENDIX 3 FORMS OF RELEASE FROM CLAIMS FOR USE IN CONNECTION WITH SERVICE AIRCRAFT (See regulation 2131) Form No.1 to be used for civilians not employed directly under the Central Government and for members of foreign Naval, Army or Air services permitted to fly oas passengers.

To The President of India, (Hereinafter referred to as the Government of India) In consideration of your having granted permission to me to fly as a passenger in an aircraft operated by or on behalf of the Government of India, I HEREBY UNDERTAKE and agree for myself and my representatives that no claims will be made by me or my representatives against the Government of India or any Minister, officer, servant or agent of the Government of India in respect of any injury (including injury resulting in death), loss or damage to me, my property or estate sustained on board the aircraft or whilst embarking or disembarking there from or which arises from or in consequence of the flight or anything done or omitted in connection therewith or preparatory thereto, whether such loss, damage or injury is caused or occasioned by the act, neglect or default of the Government of India or any Minister, officer, servant or agent of the Government of India or otherwise howsoever.

I FURTHER AGREE THAT this undertaking shall be construed and have effect I accordance with Indian Law.

In this undertaking the expression “claims” includes actions, demands, costs, charges and expense of whatever kind or nature and whether legally enforceable or not; and the expression “representatives” includes executors, administrators, successors and dependants.

Dated……………………… Signature of Applicant…………… Address and Designation of Applicant……………………….

……………………………………..

Next of Kin…………………………..

Address and Designation of Next of Kin………………………… ……………………………………….

Signature of First Witness Signature of Second Witness …………………………… ……………………………………….

Address and Designation of Address and Designation of First Witness Second Witness ………………………………..

……………………………………… DISTRIBUTION: Original to be retained by the officer authorising the passage.

Duplicate to be retained by passenger Form No. 2 to be used (unless a suitable form is provided by the Foreign authority concerned) for members of the Naval Service authorised to fly as passengers in Foreign Service aircraft (the name of the foreign government concerned shall be inserted where indicated throughout this form) To (Insert Foreign Government concerned), In consideration of the permission granted to me to fly as a passenger in an aircraft operated by or on behalf of the Government of……… (hereinafter called the Government), I HEREBY UNDERTAKE and agree for myself and my representative that no claim will be made by me or my representatives against the Government in respect of any injury (including injury resulting in death), loss or damage to me, my property or estate sustained on board the aircraft, or whilst embarking or disembarking there from , or which arises from or in consequence of the flight or anything done or omitted in connection therewith or preparatory thereto whether such loss, damage or injury is caused or occasioned by the act, neglect or default of the Government or otherwise howsoever. In this undertaking the expression “the Government” includes any Minister, officer, servant or agent of the government; the expression “claims” includes actions, demands costs, charges and expenses of whatever kind or nature and whatever legally enforceable or not; and the expression “representatives” includes administrators, successors and dependants.

Dated……………………… Signature of Applicant…………… Address and Designation of Applicant……………………….

……………………………………..

Next of Kin…………………………..

Address and Designation of Next of Kin………………………… ……………………………………….

Signed in the presence of……………..

…………………………………………..

Address and Designation……………… …………………………………………..

…………………………………………..

DISTRIBUTION: The original shall be sent to the Commanding officer of the Unit to which the aircraft belongs and the duplicate shall be retained by the officer authorising the passage.

From No. 3 to be used for members of foreign Naval, Army or Air services who are required to fly in connection with courses of training or instruction.

To The President of India, (Herein after referred to as the Government of India) In consideration of being permitted to receive instruction and training in Naval aviation (which expression shall be taken to include all ground and aerial duties and circumstances connected therewith) by or with the armed forces of the Government of India and to fly in any Government of India aircraft whether in connection with such instruction and training o otherwise, I HEREBY UNDERTAKE AND AGREE for myself and my representatives that no claim will be made against the Government of India or any Minister, officer, servant or agent of the Government of India or any person rendering services to the Government of India whether pursuant to a contract of service or otherwise in respect of any injury (including injury resulting in death), loss or damage to me, my property or estate sustained whilst receiving such instruction or training or whilst on board embarking on or disembarking from a Government of India aircraft, or which arises from or in consequence of such instruction or training, or from or in cosequence of a flight in a Government of India air craft or anything done or omitted in connection therewith or preparatory thereto, whether such injury, loss or damage is caused or occasioned by the act of neglect or default of the Government of India or any Minister, officer, servant or agent of the Government of India or any person rendering services to the Government of Indian whether pursuant to a contract of service or otherwise, and I understand that no compensation will be paid by the Government of India or any Minister, officer, servant or agent of the Government of India in respect of any such injury, loss or damage.

I FURTHER AGREE that this undertaking shall be construed and have effect in accordance with Indian law.

In this undertaking the expression ”Government of India aircraft” means an aircraft belonging to or exclusively employed in the service of the Government of India; the expression “claims” includes action, demands, costs, charges and expenses of whatever kind or nature and whether legally enforceable or not; and the expression “representatives” includes executors, administrators, successors and dependants.

Dated……………………… Signature of Applicant…………… Address and Designation of Applicant……………………….

……………………………………..

Next of Kin…………………………..

Address and Designation of Next of Kin………………………… ……………………………………….

……………………………………….

Signature of first Witness Signature of Second Witness ………………………….

……………………………………… Address and Designation of Address and Designation of First Witness Second Witness ………………………………..

……………………………………… ………………………………..

……………………………………… DISTRIBUTION: Original to be retained by Commanding officer with signatory’s training documents. Duplicate to be retained by signatory APPENDIX 4 FORM FOR SUBMITTING FULL DESCRIPTION OF INVENTIONS (See regulation 4101) (6)

1. I/We hereby submit full details in respect of (here give the title of the invention) together with all necessary data, including specification, etc., and a full description of the invention which are attached herewith.

2. I/We will act in accordance with the provision of regulation 4101 Regulations for the Navy.

3. I/We have not omitted any record of the description of the invention or any of the data, specifications, drawings, etc., in respect thereof nor shall I/We subsequently omit any such information or take any further step to do so except as authorised under the said Regulations.

4. I/We shall not employ without the previous sanction in writing by the Government and agent or any other person in connection with the preparation of provisional specification or take any other action with regard to taking out a patent in respect of this invention in India or in any other country except when and in the manner permitted by the Government.

5. I/We hereby assign to the Government or any authority under it the benefit of the invention and of any patent that may be granted and the authority to enter into such agreement for its use by or on behalf of the Government as considered necessary.

6. I/We hereby declare that I/we am/are true inventor(s) of this invention based on the data attached herewith and that to the best of my/our knowledge and belief it has not been patented by anybody else anywhere else hitherto.

APPENDIX 5 (See regulation 0136) LIST OF FINANCIAL DOCUMENTS Sl Category/Kind of financial Period for which Remarks No. document to be retained PAY AND CASH ACCOUNTS

1. Cash Accounts and connected vouchers 6 years after test audit

2. Register of Money Orders 6 years after the data of last entry.

3. Receipt Books 6 years after the date of last entry.

4. Money Order Receipts and Acknowledgements signed By the payee or his authorised agent for the following remittances:-

(a) Family Allotment 5 years

(b) Casual Remittances 5 years

5. Family Allotment Register 3 years after the individuals mentioned in register become non-effective.

6. List of Payments/Allotments/ 3 years Remittances : Officers/Sailors.

7. Books of Counterfoils of completely 31/2 years from the date of used books and partly used books of issue of last form.

Railway forms.

8. Counterfoils of used Cheque 3 years Books

9. Public funds Accounts and 5 years after test audit.

connected vouchers.

10. IPAs of officers retired/released 10 years from the date of from service on attaining age of final settlement of the account.

Superannuation.

11. IPAs of officers retired/released 35 years years after their from service due to reasons other initial release.

than those in Sl.No.10 above and released non-regular officers such as SSC/EC/NCC/TA.

12. I.P.As (Sailors) 10 years from the date a sailor retires or becomes non-effective.

13. I.P.As (Reservists). 5 years after becoming noneffective.

14. I.Pas (Deserters). 5 years after they are marked ‘Run’ if not apprehended.

15. Personal Case Files of Officers/ 3 years after the individuals Sailors Released Discharged/ becoming non-effective Dismissed.

16. Personal case Files of effective Officers/Sailors.

(a) Authorisation Slips. Officers-5 years Sailors-3 years after the month to which they relate.

(b) Rent Bills. 3 years from the month of adjustment in the pay account.

to reimbursement of electricity and water charge (Officers).

(d) Payment authorities issued 3 years from the month of by the Controller of Defence adjustment.

Accounts (Navy) Bombay, and the Controller of Defence Accounts (Fys), Calcutta.

(e) Hospital Stoppage rolls. 3 years from the month of adjustment.

(f) Pay Book:

(i) Officers. 3 years

(ii) Sailors. 3 years

(g) Conservancy, Children 3 years from the date of claim.

Education Allowance and Tuition Fees Vouchers (Sailors).

17. Personal Case files of Officers retired. 5 years from the month of retirement.

18. M.L.R Vouchers 3 years after audit of the vouchers.

19. Acquittance Rolls – Officers/Sailors 3 years Effective/Non-effective

20. Genforms – Officers/Sailors 3 years

21. Declaration of Family 3 months after the effective Allotments-Officers/Sailors. Date of cancellation.

22. Cancellation of Family Allotments-Officers/Sailors 6months from the effective date of Cancellation.

23. Correspondence Files regarding 3 years after the individual Remittances, Family Allotments- becoming non-effective.

Officers/Sailors.

24. Correspondence with ships/ 4 years Establishments – Officers/Sailors Effective/non-effective.

25. Correspondence relating to 3 years after settlement.

Audit Objections, Draft Audit Paras, Appropriation Accounts, etc.

26. Service Documents of Civilian personnel: -

(a) Service book of a Government 5 years from the date of servant who has resigned resignation

(b) Service Book of a Government (1) 5 years, if no servant who has been retrenched case is pending in any court.

Removed/dismissed. (2) 3 years after final judgement under the normal course of law.

i.e. the last judgement or judgement of the highest court, as established by law where the court has upheld the Government’s decision to retrench/remove/dismiss the Government servant.

Service/dies while in service.

(d) Family Pension Papers. 25 years from the date of death of the Government servant.

27. Individual Abstracts. 3 years

28. Consolidated Abstracts. 3 years

29. Account Books & Receipts: -

(a) Educational Training Grant. 5 years

(b) Welfare & Amenities Grant. 5 years

(d) Musketry Training Grant. 5 years

(e) Grant for Swimming Instruction. 5 years

(f) Boys Fund. 5 years

(g) Artificer Apprentices and Mechanicians Training fund. 5 years

30. Contract Deeds 10 years after the period of Currency.

31. Budget Estimates and Foreign Exchange 3 years

32. Accounting Procedure, Permanent for Department e.g. S.P.D.C. Cost Accounting, administering relevant rules/ Foundry Conversion accounts, etc. subjects. In other cases, only Standing orders to be preserved, Orders to be preserved, others Being weeded out as and when They become obsolete.

33. Overtime Statements in 5 years Naval Dockyards.

NAVAL STORES/VICTUALLING STORES ACCOUNTS

34. Naval Stores & Clothing 4 years after completion Ledgers with connected of audit on destoring.

Vouchers.

35. Victualling Account and 3 years after the accounts have connected Vouchers. been passed in audit.

36. Naval Stores Valuation 5 years Returns and Vouchers.

37. Annual Review Demands. 7 years

38. Indents, Supply Orders & 7 years Local Purchase Orders.

39. Naval Stores Depot/Base 7 years Victualling Yard Ledgers.

40. Receipt Vouchers. 7 years

41. Survey Reports. 7 years

42. Packing Accounts. 7 years

43. Inspection Notes. 5 years

44. Contracts with firms. 10 years

45. Machinery/Equipment ledger N.S.O.189. Permanent

46. Indents. 7 years after the receipt of Stores.

47. Alteration/Additions Documents. 5 years after the date of completion of work.

48. Contract deeds and associated 10 years after the period of currency correspondence dealing with supply of stores or rendition of service other than those referred to at serial Nos. 24 and 35.

NAVAL ARMAMENT SUPPLY ORGANISATION

49. Pay Bills of Non-Industrial Staff. 10 years after the pay bills have been passed in audit.

50. Balance Sheets of Non-Public Funds. 3 years

51. Contingent Bills 5 years

52. Pay Bills of Gazetted Officers. 10 years after the officer becomes non-effective.

53. T.A. and L.T.C. Claims. 5 years

54. Cash Book. 25 years

55. Rejected pension and Gratuity Claims. 10 years

56. Pension and Gratuity Cases. 10 years

57. Bills for Local Purchase. 10 years

58. Muster Rolls. 7 years after the muster date.

59. Files on demands on U.K. Army/ 5 years Air force/ D.G.O.F.

60. Files dealing with financial 7 years after the transactions have transactions with foreign been audited.

countries.

61. Re-payment Vouchers, Issue 15 years Vouchers, Receipt Vouchers, Return Notes and connected registers and documents (02, 02A,016,061,060,062,064)

62. T & C Vouchers (07). 15 years

63. Discrepancy Reports (09) 15 years

64. Rough Notes for Stores 3 years received after re-packing, Abstract forms, requisition transfer form, P.J. forms (056, 098, 0100).

65. Stock taking records (047, 047A, 0144). 5 years

66. Articles held on loan (044). 5 years

67. Ledger Folios, Tally Book Folios, 25 years (0374, 0376, 0377, 0378, 0379, 0371).

68. Demand Issue Order and Internal 3 years Transaction Forms and Registers (015, 054, 0160, 0161, 058, 063A, 061).

69. Warrants (051). 3 years after disposal of the ship and settlement of all objections.

70. Cordite appropriation of lots for issue of 5 years cordit (019, 0130).

71. Ammunition Expense Book. 3 years after adjustment of all registers.

72. Ammunition Expense Book. 3 years

73. Requisition forms and register (055, 063). 3 years

74. Annual Inspection Forms 5 years (026, 27, 31, 34, 40, 41, 43, 45, 46, 107, 123, 467, etc.).

75. Duty Slips (I.N.274). 3 years

76. V.D.R.A(I.A.F.Z. 1171). 3 years

77. M.C.Notes (I.A.F.T. 1171). 5 years

78. Production Request Forms 3 years (PRI-1, PRI-2).

79. Packing Account, Invoices, Invoice 7 years after the inclusion of the Register, NHQ Demands and Indents. relevant items in the Rate list.

80. Packing Notes and Bills on loading 7 years (D 71 & D 79).

81. N.A.S. Ledgers of I.N.Ships/ 3 years Establishments.

MEDICAL DOCUMENTS

82. Permanent Ledgers of all Stores 10 years after test audit.

(IAFM 1224) Naval Medical and Hygiene Stores).

83. Medical Stores Loan Registers. 10 years

84. Expense Book (IAFM 1227). 1 year

85. Loss statement – Medical Stores. 2 years after test audit (A.F.A. 498).

86. Receipt and Issue Vouchers (I.A.F.M. 2096). 2 years

87. Medical Stores Indent forms 1 year (I.A.F.M. 1260).

88. Naval Stores Indent Forms (N.S.O.7). 1 year

89. Stock detailed sheet of short 1 year after the stocks are exhausted.

Life items (I.A.F.M. 1192).

90. Return of Surveyed Stores ((I.N. 426). 3 years after audit.

91. Admission and Discharge Book 25 years after audit.

(A.F.M.S. 40).

92. Audit Objection Statement. 1 year after settlement.

93. Diet sheet (I.A.F.M. 1286). 3 years after test audit.

94. X-Ray Film Expenditure Register 3 years after test audit.

(I.A.F.M. 28).

95. Hospital Stoppage Roll 3 years after test audit.

(I.A.F.A.55).

96. Board of Survey 3 years after disposal of stores.

Proceedings (I.A.F.D. 931).

APPENDIX 6 FORM 1 [See regulation 3604(2)] STANDARD FORM OF SALVAGE AGREEMENT To be signed by the Master/Owner of the ship to be salvaged as agent for the ship and cargo and the respective Owners thereof and the President of India.

IT IS HEREBY AGREED on the___________day of ___________19_________ BETWEEN_______________ MASTER (or OWNER) of the ship”_____________” (Hereinafter called the Master or Owner) as agent for the said ship and cargo and/or freight and the respective Owners thereof jointly and severally and the PRESIDENT OF INDIA (therein after called the Government) as follows: -

1.The Government agree to use such endeavours as they or their officers may in their absolute discretion think fit to salve or assist the ship”__________” and her cargo and/or freight if any, and the Master (or Owner) hereby engages the services of the Government for such purposes.

In the event of the services referred to in this Agreement or any part of such services having been already rendered by the Government to the said vessel or her cargo or freight at the time of signing this Agreement, the Government undertake to treat the provisions of Clause 7 hereof as applicable to all claims in respect of the said services and, in consideration of their undertaking, it is hereby agreed that all the provisions of this Agreement shall apply to such services as if they had been wholly rendered after the signing of this Agreement

2. The Government may make reasonable use of the salved vessel’s gear, anchors, chains and other appurtenances during and for the purpose of the operations, free of cost, but shall not unnecessarily damage, abandon or sacrifice the same or an y other of the property.

3. The remuneration under this agreement for any services rendered shall, unless agreed with the Government, be fixed b y arbitration in India as hereinafter provided.

4. The remuneration shall, if the services are successful or beneficial, consist of a reasonable amount of salvage.

5. If the services are not successful or beneficial, then the actual out of pocket expenses incurred by or on behalf of the Government in the endeavours to salve or assist the said ship and/or her cargo and/or freight, together with compensation not exceeding Rs.50, 000/- for any loss or damage incurred in such endeavours, shall be the measure of the remuneration payable to the Government under this Agreement, but these shall not be included in the said expenses or compensation for any charge for the use of any ship or tug belonging to the Government.

6. The Government shall, after the termination of the services, notify the Judge Advocate General of the Navy of the amount for which the Government may require security to be given and failing any such notification within a ‘week after the termination of the services the Government shall be deemed to require security to be given for such sum and in such manner and from as the Judge Advocate General of the Navy in his absolute discretion shall consider sufficient’, but them Judge Advocate General of the Navy shall not be in an y way responsible for the sufficiency (whether in amount or otherwise) of any security accepted by him nor for t5he default or insolvency of those giving the same.

7. Pending the completion of the security as aforesaid, the Government shall have a maritime lien on the property salved for their remuneration and the Master (or Owner) hereby undertakes not to remove or to permit the removal without the consent of the Government of the property salved or any part thereof from the port of_______________ or the place of safety to which the property is taken or at which it is left by the Government on the completion of the salvage services until security has been given to the satisfaction of the Judge Advocate General of the Navy. In consideration of this undertaking the Government engage not to arrest or detain the property salved un less the security be not given within 14 days of the termination of the services, or the Government have reason to believe that the removal of the property salved is contemplated contrary to the above undertaking.

8. In the event of any question, dispute of difference or difference arising as to the amount of the remuneration payable under this agreement, or an y other question arising out of this Agreement, the same shall be referred to the sole arbitration of an arbitrator to be appointed by the Judge advocate general of the Navy.

9. The arbitrator shall have power to receive and act upon any oral or documentary evidence or information he may think fit, whether admissible in law as evidence or not, and may call for such documents as the parties hereto would be bound respectively to produce in an action if one were pending between them in connection with the subject mater of his arbitration. The arbitrator may conduct the arbitration in any such manner as he may think fit and shall decide by whom the costs of the arbitration and award shall be paid. The arbitrator may charge such fees as he may think reasonable, and the Judge Advocate General of the Navy may charge a reasonable fee for his services in connection with the arbitration, and all such fees shall be treated as part of the costs of the arbitration and award, and shall be paid by such of the parties as the award may direct. Save as aforesaid, the provisions of the Indian Arbitration Act shall apply.

10. The Judge Advocate General of the Navy shall realise or enforce the security and pay to the Government the amount of remuneration and costs, if any, awarded or fixed by7 agreement or arbitration as aforesaid, so far as the amount of the security is sufficient for that purpose. The receipt of the Government shall be a good discharge to the Judge advocate General of the Navy for any monies so paid. If the award with costs (if any) exceeds the amount of the security, the parties mentioned in Clause 12 shall pay the difference to the Government, each for his portion.

11. Any dispute between any of the parties interested in the property salved, as to the proportions in which they are to contribute to the sum awarded, or provide the security or as to an y other matter concerning them, shall be referred to and determined by the Judge Advocate General of the Navy or an arbitrator appointed by him for the purpose and his decision shall be final, and is to be complied with forthwith.

12. The Master (or Owner) enter into this Agreement as agent for the vessel and her cargo and freight, and the respective Owners, thereof and binds each (but not the one for the other or himself personally except as Owner) to the due performance thereof.

13. Any award, notice, authority, order or other document signed by any authorised representative on behalf of the Judge Advocate General of the Navy shall be deemed to have been duly made or given by the Judge Advocate General of the Navy and shall have the same force and effect in all respects as if tit had be signed by the Judge Advocate General of the Navy.

(Signed) Master (or Owner of the ………………………as Agent for the said ship and Cargo, and the respective Owners thereof.

For and on behalf of the President of India.

______________________ FORM 2 (See regulation 3610(2) and 361(5) & (7) AGREEMENT FOR PAYMENT OF SALVAGE CHARGES TO BE SIGNED BY CAPTAIN/MASTER OF A MERCHANT SHIP WHEREAS certain salvage services are alleged to have been rendered by Indian Naval Ship (insert names of ship and of Captain) Captain, to the merchant vessel (insert names of vessel and of the Master) Master, belonging to (name and place of business or residence of owner of vessel), freighted by (the name of the freighter), and to the cargo therein, consisting of (state very shortly the description and quantities of the goods, and the names and addresses of their owners and consignees).

AND WHEREAS the said (insert name of Captain of ship) has voluntarily agreed to abandon his lien upon the said vessel (insert name of merchant vessel), and the cargo thereof, upon the Master of the said vessel entering into such agreement as hereinafter contained, as is testified by the said (insert name of Captain) signing this Agreement, and the parties hereto have agreed the amount o be inserted in this bound at the sum of (state the sum).

NOW, I, the said (name of Master) in consideration of the premises do hereby bind the several owners for the time being of the said vessel and the cargo therein and of the freight payable in respect of such cargo, and their respective heirs, executors and administrators to pay among them such sum, not exceeding the said sum opf (state the sum fixed) in such proportion and to0 such persons as the High Court in India (or if the parties agree on any other Court, substitute the name of it here) shall adjudge to be payable as salvage for the service so alleged to have been rendered as aforesaid.

IN WITNESS WHEREOF We hereunto set out hands this day Of 19 Signed by the said (Captain’s signature) (Master’s signature) In the presence of us of and of Signature and full description of witnesses.

________________________ FORM 3 (See regulations 3610 (4) and 3611(1) THE PARTICULARS OF THE STATEMENT TO BE MADE BY THE SALVOR AND THE MASTER OF THE SALVED SHIP

(1) The place, conditions and circumstances in which the vessel, cargo or property was at the time when the services were rendered for which salvage is claimed.

(2)The nature and duration of the services rendered.

Additional particulars to be stated by the salvor: -

(i) The proportion of the Vessel, Cargo and property, and of the freight which he claims for salvage, of the value at which he estimates the vessels, freight, cargo and property respectively, and the several amounts that he claims for salvage in respect of the same.

(ii) Any other circumstances whi8ch he thinks relevant to the said claim.

Additional particulars to be stated by the said Master or other person in charge of the said vessel, cargo or property: -

(a) A copy of the certificate of registry of the said vessel and of the endorsements thereon, stating any change which (to his knowledge or belief) has occurred in the particulars contained in the certificate; an d stating also, to the best of his knowledge and belief, the state of the title to the vessel for the time being, and of the encumbrances and certificates of mortgage or sale, if any, affecting the same, and the names and places of business of the owners and encumbrancers.

(b) The name and place of business or residence of the freighter (if any) of the said vessel, and the freight to be paid for the voyage on which she then is.

(d) The name and place of business or residence of the owner of the cargo and of the consignee thereof.

(e) The values at which the master or person making the statement estimates the vessel, cargo and property and the freight respectively, or if he thinks fit, in lie of the estimated value of the cargo, a copy of the vessel’s manifest.

(f) The amounts which the Master thinks should be paid as salvage for the services rendered.

(g) An accurate list of the property saved when the vessel itself is not saved.

(h) An account of the proceeds off the sale of the vessel, cargo or property in cases when they or any of them are sold at the port where the statement is made.

(i) The number, capacities and conditions of the crew of the vessel at the time when the services were rendered.

(k) Any other circumstances he thinks relevant to the matters in question.

________________ OVERALL CHAPTERWISE CONCORDANCE FROM OLD REGS NAVY TO NEW REGS NAVY (PART I) ------------------------------------------------------------------------------------------------------- ----- Old Chapter New Chapter Authority No. No.

------------------------------------------------------------------------------------------------------- ----- 1 1 NI – 12/91 2 2 NI – 20/91 3 3 NI – 15/91 4 4 NI – 3/89 5 5 NI – 27/90 6 6 NI – 5/91 7 7 NI – 17/91 8 8 NI – 11/91 9 9 NI – 24/89 10 10 NI – 24/90 11 11 NI – 4/90 12 12 NI – 15/89 13 13 NI – 4/91 14 14 NI – 9/91 15 15 NI – 19/89 16 16 NI – 20/89 17 17 NI – 22/90 18 18 NI – 7/89 19 19 NI – 9/90 20 20 NI – 28/90 21 21 NI – 19/91 22 22 NI – 21/89 23 23 NI – 14/89 24 24 NI – 18/89 25 25 NI – 20/90 26 26 NI – 20/90 & 3/91 27 27 NI – 13/90 28 28 NI – 14/90 29 29 NI – 22/89 30 30 NI – 2/91 31 31 NI – 17/89 & 19/90 32 32 NI – 10/90 33 33 NI – 25/89 34 34 NI – 3/90 35 35 NI – 16/89 36 36 NI – 21/90 37 37 NI – 23/89 38 38 NI – 11/90 39 39 NI – 11/89 40 40 NI – 12/90 41 41 NI – 26/89 & Addendum No.

7/91 42 42 NI – 8/89 43 43 NI – 16/91 44 44 NI – 18/91 ------------------------------------------------------------------------------------------------------- ----- APPENDICES ------------------------------------------------------------------------------------------------------- ----- Old New Appendix Appendix Chapter Authority No. No.

---------------------------------------------------------------------------------------------------------------------------- ---- 1 1 1 NI 12/91 2 2 2 NI 20/91 3 3 21 NI 19/91 4 - 33 Deleted 5 4 41 NI 26/89 & Addendum No 7/91 6 5 1 NI 12/91 7 6 36 NI 21/90 ------------------------------------------------------------------------------------------------------- ----- REGULATIONWISE CONCORDAN CE FROM NEW REGS NAVY TO THE OLD REGS NAVY Note: Regulations that have not undergone any changes or those regulations which have only minor alterations on account of changes of terminology, redundancy and obsolescence, have not been listed bellow.

---------------------------------------------------------------------------------------------------------------------------- ----- S.No. New Regulation Old Regulation Remember Chapter 1 1 0108 to 0136 012 to 0139 Renumbered Chapter 3

2. 0320 (2) to (4) Nil New

3. 0353 (c) Nil New

4. 0362(2) to (15) 0362 (A) to (N) Renumbered

5. 0366 (4) Nil New

6. 0375(1) 0375 Renumbered

7. 0375 (2) to (5) 0375-A (1) to (4) Renumbered

8. 0376 (2) Nil New

9. Nil 0386 (3) Deleted

10. Nil 0386-A (1) & (2) Deleted

11. 0388 (1) & (2) 0388 & 0388A Renumbered

12. 0388 (3) to (7) 0388-B (a) to(c) Amended

13. 0389 (3)& (4) 0389-A & B Renumbered Chapter 5

14. Nil 0503(g) Deleted

15. Nil 0504 Deleted

16. Nil 0506 (4th sub paragraph) Deleted

17. 0512 (2) & (3) Nil New

18. 0512 (4) to (7) 0512 (2) to (5) Renumbered

19. Nil 0512 (6) Deleted

20. Nil 0522 Deleted

21. 0527 (12) Nil New

22. 0535 Nil New

23. Nil 0535 (1) to (14) Deleted

24. 0536 Nil New

25. Nil 0536 Deleted

26. Nil 0551 Deleted

27. 0601 (1) (g) & (h) Nil New

28. 0611 (12) Nil New

29. 0620 to 0624 Nil New (Blank)

30. 0625 to 0628 Nil New Chapter 7

31. 0701 (2) (b) to (g) 0701 (2) (b) to (g) Amended

32. 0701 (2) (h) to (p) Nil New

33. 0702 (6) Nil New

34. 0702 (7) Nil New

35. 0702 (8) 0702 (6) Renumbered

36. 0702 (9) 0702 (7) Renumbered 37 0706 & 0706 (1) Nil New

38. 0706 (2) & (3) 0705 (5) & (6) Renumbered

39. 0707 to 0709 Nil New

40. 0710 to 0720 0706 to 0716 Renumbered Chapter 8

41. 0802 Blank New

42. 0803 (k) Nil New

43. 0803 (l) 0803 (k) Renumbered

44. 0836 (1), (2) & (3) Nil New

45. 0836 (3) (d) 0836 Renumbered

46. Nil 0837 Deleted

47. 0837 Nil New Chapter 9

48. 0901 (2) Nil New

49. 0902 (1) (a) to (c) 0902 (2) Renumbered

50. 0902 (1) (d) to (l) Nil New

51. Nil 0902 Deleted

52. 0903 to 0906 Nil New

53. Nil 0903 to 0905 Deleted

54. 0907 0906 Amended

55. Nil 0907 to 0908 Deleted

56. 0908 to 0910 0909 to 0911 Renumbered Chapter 10

57. Nil 1019 Deleted 58 1019 to 1020 1020 to 1021 Renumbered Chapter 11

59. 1104 (m) Nil New Chapter 12

60. 1201 1201 Amended

61. Nil 1202 to 1206 Deleted

62. 1202 to 1205 Nil New Chapter 14

63. 1401 (7) Nil New

64. 1402 (4) to (6) Nil New

65. 1402 (7) to (14) 1402 (4) to (11) Renumbered

66. 1402 (15) Nil New

67. 1403 (1) (d) & (e) Nil New

68. 1403 (1) (f) 1403 (1) (d) Renumbered

69. 1403 (4) Nil New

70. 1413 (1) (d) (v) & (vi) Nil New

71. 1417 (1) (b) Nil New

72. 1417 (1) (c) (i) to (iii) 1417 (1) (b) (i) to (iii) Renumbered

73. 1417 (1) (c) (iv) & (v) Nil New

74. 1417 (5) to (8) Nil New Chapter 15

75. 1502 (k) Nil New

76. Nil 1503 (1) (d) Deleted

77. 1503 (1) (d) to (g) 1503 (1) (e) to (h) Renumbered

78. 1503 (1) (h) Nil New

79. 1505 (f) Nil New

80. Nil 1512 (3) Deleted

81. 1512 (3) 1512 (4) Renumbered Chapter 16

82. 1610 (2) 1610 (2) Amended Chapter 17

83. 1704 to 1705 1704 to 1705 Amended 84 1723 (2) Nil New

85. Nil 1724 Deleted Chapter 19

86. Nil 1902 (4) Deleted

87. 1902 (4) Nil New

88. 1905 (2) 1905 (2) Amended

89. 1909 (1) to (4) 1909 (1) to (3) Renumbered Chapter 20

90. 2007 Nil New

91. 2008 2007 Renumbered Chapter 21

92. 2101 (3) Nil New

93. 2102 (1) (a) Nil New

94. 2102 (1) (b) to (h) 2102 (1) (a) to (g) Renumbered

95. Nil 2102 (3) Deleted

96. 2102 (3) (a) to (g) Nil New

97. Nil 2102 (4) Deleted

98. 2102 (4) (a) to (d) Nil New

99. Nil 2102 (5) Deleted

100. 2102 (5) Nil New

101. Nil 2102 (6) Deleted

102. 2103 & 2104 Nil New

103. 2105 2103 Amended

104. 2106 2104 Amended

105. 2107 to 2109 Nil New

106. 2110 2105 Renumbered

107. 2110 (3) & (4) Nil New

108. 2111 2106 Amended

109. 2112 2107 Renumbered

110. 2113 2108 Amended

111. 2114 (a) to (f) 2109 Amended

112. 2115 & 2116 2110 & 2111 Renumbered

113. 2117 2112 Amended

114. 2118 & 2119 2113 & 2114 Renumbered

115. 2121 2121 Amended

116. 2123 & 2124 2125 & 2126 Renumbered

117. 2124 (7) Nil New

118. 2125 2127 Renumbered

119. 2126 & 2127 Nil New

120. 2128 2128 Amended

121. 2129 & 2130 Nil New

122. Nil 2129 Deleted

123. 2131 2130 Renumbered

124. 2132 Nil New

125. 2133 to 2136 2131 to 2134 Renumbered

126. 2137 2135 Amended

127. 2138 2136 Renumbered

128. 2139 Nil New Chapter 22

129. 2201 Nil New

130. 2202 2203 & 2204 Amended

131. 2203 2211 Amended

132. 2204 Nil New

133. 2205 2206 & 2212 Amended

134. Nil 2205 Deleted

135. 2206 Nil New

136. 2207 2208 Amended

137. 2208 2211 Amended

138. 2211 2201 Amended

139. 2212 2202 & 2207 Amended Chapter 24

140. 2402 (2) 2402 (2) Amended

141. 2402 (3) to (5) Nil New

142. Nil 2404 (3) Deleted

143. 2409 2409 Amended

144. 2411 (1), (2) & (4) 2411 (1), (2) & (4) Amended

145. 2412 (2) 2412 (2) Amended

146. 2413 (2) 2413(2) Amended

147. 2414 Nil New

148. 2415 2414 Renumbered

149. 2416 Nil Blank

150. 2417 & 2418 2416 & 2417 Renumbered

151. Nil 2418 Deleted

152. 2419 2419 Amended

153. Nil 2420 Deleted

154. 2420 to 2427 Nil New Chapter 25

155. Nil Note below title Deleted

156. Note below 2501(3) Nil New

157. Nil 2502 (4) (a) (iv) Deleted

158. 2502 (4) (b) (iii) Nil New

159. 2504 (8) Nil New

160. 2510 2510 Amended

161. 2511 2512 Renumbered

162. Nil 2511 Deleted

163. 2516 (4) 2416 (4) Amended

164. 2519 (1) 2519 (1) Amended

165. Nil 2520 (19) Deleted

166. 2522 (2) (p) to (ac) 2522 (2) (o) to (ad) Renumbered

167. 2522 (2) (ad) Nil New

168. Nil 2523 Deleted 169 2525 2525 Amended

170. Nil 2526 Deleted Chapter 26

171. Nil 2603 (2) (d) Deleted

172. 2620 2620 Amended

173. 2631 (5) 2631 (5) Amended

174. 2636 & 2637 Nil New

175. 2638 to 2642 2636 to 2640 Renumbered

176. 2643 2641 Amended Chapter 27

177. 2703 (1) 2703 (1) Amended

178. 2704 (1) &(2) 2704 (1) & (2) Amended

179. 2706 (1) 2706 (1) Amended

180. Nil 2715 Deleted

181. 2718 (3) 2718 (3) Amended

182. 2721(1) 2721(1) Amended

183. Nil 2726 (4) (b) Deleted

184. Nil 2729 (4) Deleted

185. 2729 (4) & (5) 2729 (5) &(6) Renumbered

186. 2730 2730 Amended

187. 2734 (c) 2734 (c) Amended Chapter 28

188. 2811 (1) 2811 (1) Amended

189. 2811 (2) (b) & (g) Nil New

190. 2811 (2) (c) to (f) 2811 (2) (b) to (e) Renumbered

191. 2818 2818 Amended Chapter 29

192. 2901 (3) 2901(3) Amended Chapter 30

193. 3003 & 3004 3003 & 3004 Amended

194. 3005 (5) 3005 (5) Amended

195. 3007 (16) 3007 (16) Amended Chapter 31

196. 3102 (1) & (2) 3102 (1) & (2) Amended

197. 3103 (2) (f) Nil New

198. 3104 (2) (e) Nil New

199. Nil 3105 Deleted

200. 3105 to 3107 3106 to 3108 Renumbered

201. 3108 to 3109 Nil New Chapter 33

202. Title Title Amended

203. Nil 3305 Amended

204. 3307 to 3311 3307 to 3311 Amended Chapter 34

205. 3401 3401 Amended

206. 3406 (6) (a) 3406 (6) (a) Amended Chapter 35

207. 3512 Nil New Chapter 36

208. 3606 3606 Amended

209. 3610 (3) 3610 (3) Amended

210. 3611 (2) 3611 (2) Amended Chapter 37

211. 3707 (2) 3707 (2) Amended

212. 3707 (3) 3707 (3) Amended

213. 3709 3709 Amended Chapter 38

214. 3801 3801 Amended Chapter 39

215. 3901 3901 Amended

216. 3903 (1) 3903 (1) & (2) Amended

217. 3903 (2) 393 (3) Renumbered

218. Nil 3918 (4) Deleted

219. 3918 (1), (2) (a) & (b) 3918 (1), (2) (a) & (b) Amended Chapter 30

220. 4001 (1) (c) 4001(1) (c) Amended

221. 4001 (3) (i) 4001 (3) (i) Amended

222. Nil 4001 (3) (c) Deleted

223. Nil 4001 (4) (a) (ii) Deleted

224. 4001 (4) (a) (ii) & (iii) 4001 (4) (a) (iii) & (iv) Renumbered

225. 4001 (4) (b) 4001 (4) (b) Amended

226. 4001 (5) Nil New

227. 4001 (6) 4001 (5) Amended

228. 4001 (7) 4001 (6) Renumbered

229. 4001 (8) 4001 (7) & (8) Amended

230. 4001 (9) 4001 (9) Amended

231. 4002 (2) (d) 4002 (2) Cat IV Amended

232. 4002 (3) (b) (iii) Nil New Chapter 41

233. 4101 (6) (b) Nil New

234. 4101 (6) (c) 4101 (6) (a) in part Renumbered

235. 4101 (6) (d) & (e) 4101 (6) (b) & (c) Renumbered

236. 4101 (10) 4101 (10) Amended Chapter 43

237. 4301 to 4311 4301 to 4317 Amended

238. 4321 (4) (a) (b) & (c) 4321 (4) (a) & (b) Renumbered

239. 4341 & 4343 4341 & 4342 Amended

240. 4344 4347 Renumbered

241. 4345 4349 Amended

242. 4346 4352 Renumbered

243. Nil 4344 to 4346 Deleted

244. 4347 4343 Renumbered

245. Nil 4348 Deleted

246. Nil 4350 & 4351 Deleted

247. 4358 4358 Amended

248. 4365 (1) (b) (c) & (d) 4365 (1) (b) Amended

249. Nil 4368 & 4369 Deleted Chapter 44

250. 4406 (2) 4406 (2) Amended

251. 4408 4408 Amended

252. Nil 4410 (2) Deleted 253 4413 Nil New

254. 4419 (5) 4419 (5) Amended

255. 4431 (1) to (15) 4431 (1) to (15) Amended

256. 4431 (16) to (18) Nil New ------------------------------------------------------------------------------------------------------- ----- APPENDICES ------------------------------------------------------------------------------------------------------- ----- S.No. New Paragraph Old Paragraph Remarks Number Number ------------------------------------------------------------------------------------------------------- ----- Appendix 1

257. 1 1 Amended

258. 2 (f) to (1) Nil New

259. 4 4 Amended

260. 7 (a) (i), (ii) & (b) 7 (a) & (b) Renumbered

261. Nil 17 (d) Deleted 262 17 (d) 17 (e) Renumbered

263. 18 (a) 18 (a) Amended 264 19 Nil New Appendix 2

265. Nil Section II Deleted

266. Section II Nil New

267. Section IV Nil New Appendix 4

268. Nil Full Appendix 4 Deleted

269. Full Appendix 4 Full Appendix 5 Renumbered Appendix 5

270. Full Appendix 5 Full Appendix 6 Renumbered Appendix 6

271. Full Appendix 6 Nil New ------------------------------------------------------------------------------------------------------- -----

Section 4431: (1) An Alteration and Addition (A’s & A’s) beings out changes or improvement in the operational performance, design, availability,. Habitability of ships and shall be defined as a modification which involves

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Act	Regulations for the Navy Part I
Section	4431
Marginal note	(1) An Alteration and Addition (A’s & A’s) beings out changes or improvement in the operational performance, design, availability,. Habitability of ships and shall be defined as a modification which involves
Jurisdiction	Central
Status	In force as published by the source