(1) A sailor shall forfeit one day’s pay and service for each day (or part of a day) during which he is detained by the civil authority as part of the sentence and shall also, as a general rule, forfeit pay and service on the same scale for time spent in custody while awaiting or attending his trial .
(2) The Chief of the Naval Staff may remit such penalties whenever the offence is venial and brings no discredit on the Service; and also in cases where there are special grounds for such remission.
(3) Where a sailor is on leave when arrested by the Civil authority, his time and pay shall not be stopped for that portion of his absence during which he was on leave.
(4) There may be three or more separate periods for which a sailor forfeits pay and time in respect of a single conviction:-
(a) from the date of his arrest (unless he is on leave at the time) or from the expiration of his leave (if he is arrested during leave and is still in custody when his leave expires);
(b) from the date of surrender to bail (if he is allowed to return to his ship pending trial);
(c) from the date of a sentence of imprisonment.
Any such periods shall be shown separately in the “Time forfeited” column of the service certificate, even if some of them are continued..
(5) Where the offence is one that has brought disgrace or discredit on the uniform, the service, or the position which the offender holds, he may be awarded the following Naval penalties with the prior approval of the Chief of the Naval Staff, namely:-
(a) break in continuity of “V.G” conduct, (if this penalty is enforced, the date of conviction is to be noted in the conduct sheet as the date of commencement of “V,G” conduct);
(b) award of an inferior character on the next occasion of assessment;
(c) deprivation of Good Conduct Badges;
(d) deprivation of L.S. & G.C./Meritorious Service Medal.
(6) When the offences are specially serious or repeated, the sailor may be reduced in rank or discharged D.M.L.R. but such penalties shall be authorised only by the Chief of the Naval Staff and along with the proposal of such penalties the offender’s Service Certificate shall be forwarded with the prescribed form.
(7) A decision by the Chief of the Naval Staff in the imposition of Naval penalties shall be obtained on the prescribed form as soon as possible after the sailor’s conviction.
(8) Forfeitures of pay and time enforced under sub-regulation (4) shall take effect from the commencement of each separate period of absence.
(9) If any of the penalties specified in sub-regulation (5) and (6) are enforced, they shall take effect from the date of conviction, except in the case of discharge S.M.L.R. in which case the date shall be decided by the Chief of the Naval Staff and similarly, when a sailor appeals, and the appeal is quashed, the original date of conviction shall stand for the purpose of applying any Naval penalties awarded.
(10) The decision shall be noted with all necessary particulars on the Conduct Sheet and the service certificate, the prescribed from the being finally enclosed in the quarterly return of punishment.
(11) A warrant shall not be required for any Naval Penalty.
120 Disposal of personal effects:- In the case of an individual sentenced to imprisonment who is discharged S.N.L.R.., his effects and any pay that may be due to him up to the date of discharge shall be forwarded to the Superintendent of the jail to be delivered to the sailor on the expiry of the period of imprisonment.
121 Conviction of an Officer by Civil Court:- (1) Where, upon the conviction of an officer by a civil court, the Central Government or the Chief of the Naval Staff considers that the conduct of the officer which has led to his conviction renders his further retention in service undesirable. a certified copy of the judgement of Civil court convicting him shall be submitted to the Central Government with the recommendation of the Chief of Naval Staff as to the termination of the officer’s service in the manner specified in sub-regulation (2).
(2) While submitting a case to the Central Government under the provisions of sub-regulation (1),the Chief of the Naval Staff shall make his recommendation whether the officer’s service should be terminated, and if so, whether the officer should be:-
(a) dismissal from the service; or
(b) discharged from the service; or
(c) called upon to retire; or
(d) called upon to resign.
(3) The Central Government after considering the judgement of the Civil Court and the recommendation of the Chief of the Naval Staff may dismiss or discharge from the service the officer with or without pension or call upon him to retire or resign, and on his refusing to do so, the officer may be compulsorily retired from the service on pension or gratuity, if any admissible to him.
122 Notice of Appeal:- When notice appeal to higher civil court is given, in the case of a sailor the Administrative Authority concerned shall give consideration to the suspension of the imposition of Naval penalties pending the result of the appeal and in the case of an officer, the Central Government shall in each case, after taking into account the recommendations made by the Chief of the Naval Staff, consider whether further action required to be taken against the officer following his conviction in the lower court should be withheld until the result of the appeal is known.
123 Copies of judgement:- Whenever a person subject to Naval Law has been tried by a civil court a copy of judgement of the court will be supplied free of cost on an application by the Chief of the Naval Staff or Commanding Officer.
124 Debt Cases:- The Commanding Officer shall be justified, under sub-section (1) of section 21 in not allowing any sailor belonging to his ship to be taken under any warrant, process, or writ of execution issued by any court public servant for any debt or alleged debt.
125 Report of refusal to surrender:- Every case of refusal to surrender an officer or sailor to warrant, summons or other process, shall at once be reported fully to the Chief of the Naval Staff, with the grounds or such refusal and the offences with which the officer or sailor is charged on shore.
126 Legal advice, engagement of counsel and defence of personnel in civil court:-
(1) The rules regarding the engagement and remuneration of counsel for the prosecution of offenders in a civil court and the defence of sailors charged with criminal offences shall be as detailed in Appendix II.
(2) When the defence of an officer is considered desirable the case shall be reported to the Chief of the Naval Staff for obtaining the orders of the Government there on.
SECTION IV – DESERTERS AND ABSENTEES 127 Absentees:- Sailors who may have quitted their ships without leave, or have overstayed their leave, or have improperly absented themselves when detached on duty, and who may be apprehended before the expiration of seven days, beyond the precincts of a dockyard or other Government establishment in which they may have been employed, shall be treated either as absentees or as deserters, according to circumstances when are to be judged by their respective Commanding Officers.
128 Arrest by civil authority:- If an absentee without leave is arrested by the Civil authority on another charge and is subsequently handed over to the Naval authorities, his absence without leave shall be regarded as ceasing from the date of his arrest by the civil authority.
129 Deserters and absentees on sailing:- When any person, below the rank of an officer, belonging to a ship under ailing orders remains absent without leave, the Commanding Officer shall place the notation R.Q. against his name on the ship’s books and shall furnish the senior Naval Officer present, his Administrative Authority and the Chief of the Naval Staff with a list of any such absentees.
130 Removal of R.Q:- If any such absentee should return or be apprehended and brought back after the ship has sailed, he may be:-
(a) sent to his proper ship, or
(b) dealt with in the ship to which he is brought.
Note:- Course (a) is preferable from the disciplinary point of view provided that it does not involve undue delay in the investigation of the case. If the sailor is convicted of desertion, the notation ‘R’ shall be substituted for the notation ‘R.Q.’ against his name in the books of the ship from which he absented himself. If the intention to desert is not proved, the notation “R.Q” shall be removed. The officer who deals with the case summarily is responsible for seeing that the necessary action is taken in accordance with this regulation.
131 Disposal of effects:- The clothes and effects of such absentees shall be sent to commodore, Bureau of sailors, Bombay or senior Naval Officer at the port before the ship sails.
132 When absentees to be marked ‘Run’:- (1) If any person absents himself from his duty without leave and fails to give a good and sufficient reason for his absence, he shall be checked accordingly on the ship’s books on the day of his absence if his absence began before noon, and on the day following, if his absence began afternoon .
(2) If the absentee had not returned at the expiration of seven days, he shall, irrespective of the 12 O’ clock rule for checking, be marked ‘RUN’. The letter ‘R’ shall be placed against his name on the ship’s books on the day on which absence began, his pay terminating on and including that date and he shall not be discharged from the ship’s books until authority for his discharge is given by the Commanding Officer of the ship.
(3)When an absentee is marked ‘RUN’, he shall not be entitled to receive the pay, which has accrued to the date of his discharge, unless, the court or officer by whom he is tried, or the chief of the Naval Staff otherwise directs.
(4)When a sailor has been absent from his duty without leave for more than three months, the Commanding Officer may authorise his discharge from the ship’s books, but no such authority for discharge from the ship’s books shall be given if there is reason to suspect that he may be required to answer charges other than desertion and if it is possible that he may be required to answer other charges, the circumstances shall be reported to the Chief of the Naval Staff and the absentee shall remain on the ship’s books until the approval of the Chief of the Naval Staff is obtained for his discharge there from.