Updated: Wednesday February 24, 2016/AlArbia'a
Jamada El Oula 16, 1437/Budhavara
Phalguna 05, 1937, at 04:46:46 AM
The Pakistan
ORDINANCE NO XXXV OF 1961
[8th September, 1961]
An Ordinance to consolidate and amend the
law relating to the government and discipline of the
WHEREAS it is expedient to consolidate and
amend the law relating to the government and discipline of the Pakistan Navy;
NOW, THEREFORE, in pursuance of the
Proclamation of the seventh day of October 1958, and in exercise of all powers
enabling him in that behalf, the President is pleased to make and promulgate
the following Ordinance:---
CHAPTER I.__PRELIMINARY
1. Short title and commencement.__(1)
This Ordinance may be called the Pakistan Navy Ordinance, 1961.
(2) It shall come into force on such date1
as the 2[Federal
Government] may, by notification in the official Gazette, appoint.
2. Persons subject to this Ordinance.__(1) The following persons shall be subject
to this Ordinance, wherever they may be, namely:---
(a) officers
on the active list of officers of the Pakistan Navy, and 3[Chief
petty officers and sailors] of the Pakistan Navy ;
(b) officers
on the retired or emergency lists of officers of the Pakistan Navy, when
ordered on any duty or service for which as such officers they are so liable ;
(c) persons
belonging to any of the Pakistan Naval Reserve Forces when called up for
training, exercise or service (including active service) in pursuance of
regulations ;
(d) persons
belonging to any auxiliary force raised in
(2) The following persons, not otherwise
subject to this Ordinance shall be so subject to this Ordinance shall be so
subject to
1The 1st day of March, 1962,
see Gaz. of P., 1962, Pt. I. p. 31.
2Subs. by F.A.O., 1975, Art. 2
and Table, for “Central Government”.
3Subs. by the
such
extent and under such conditions as the 1[Federal
Government] may direct :__
(a) persons
subject to the Pakistan Army Act, 1952 (XXXIX of 1952), or the Pakistan Air Force Act, 1953 (VI of 1953)__
(i) when
seconded for service with the Pakistan Navy ; or
(ii) when
embarked for passage on board any of the naval ships ;
(b)
persons, other than those mentioned in the last preceding clause, when embarked
as passengers on board any of the naval ships ;
(c) persons
who are employed by, or are in the service of, or are followers of, or
accompany any body or member of the naval force on active service ;
2* * * * * * *
3[(3) Persons, not otherwise subject to this
Ordinance, shall be so subject if they are accused of__
(i) seducing
or attempting to seduce any person subject to this Ordinance from his duty or
allegiance to Government, or
(ii) having
committed, in relation to any work of defence, arsenal, naval, military or air
force establishment or station, ship or aircraft or otherwise in relation to
the naval, military or air force affairs of Pakistan, an offence under the
Official Secrets Act, 1923.]
3.
Secondment to Army or Air Force. Persons
subject to this Ordinance, when seconded for service with the Pakistan Army or
the Pakistan Air Force, shall be subject to the Pakistan Army Act, 1952 (XXXIX of 1952), or as the case may be, the Pakistan Air
Force Act, 1953 (VI of 1953), to such extent and under such conditions as
the 1[Federal
Government] may direct.
4.
Definitions. In this
Ordinance unless the context otherwise requires,__
(i)
“active service” as applied to a person subject to this Ordinance, means the
time during which such person-
(a) is
attached to, or forms part of a force which is engaged in operations against
an enemy,
(b) is
engaged in naval operations in, or is on his way to a country or place wholly
or partly occupied by an enemy, or
1Subs. by F.A.O., 1975, Art.2
and Table, for “Central Government”.
2Cl. (d) omitted by the Defence
Services Laws (Amdt.) Ordinance, 1967 (3 of 1967), s. 4.
3Subs-section (3) added ibid.
(c) is
attached to, or forms part of a force which is in military occupation of any
foreign country ;
(ii) “armed forces” means the Pakistan Army, the
Pakistan Navy and the Pakistan Air Force and includes their reserves when
called up for training, exercise or service ;
(iii) “civil offence” means an offence which is
triable by a criminal court ;
(iv) “civil prison” means any jail or place used
for the detention of any criminal prisoner under the Prisons Act, 1894 (IX of 1894), or under any other law for the time being in
force ;
(v) 1[Chief
of the Naval Staff] means the flag officer appointed by the President as the 1[Chief
of the Naval Staff],Pakistan Navy, or in his absence on leave or otherwise the
officer appointed by the 2[Federal
Government] to officiate as such, or, in the absence of such officiating
appointment, the officer on whom the command may devolve in accordance with the
regulations made by the 2[Federal
Government] ;
3[(va) “chief petty officer” means a person commissioned, gazetted or
in pay as a junior commissioned officer in the Pakistan Navy;]
(vi) “commanding officer” means the officer
appointed in command of a naval ship, vessel or establishment or the officer on
whom such command may devolve in accordance with the regulations made by the 2[Federal
Government], or, the officer, specified by the 2[Federal
Government] as the commanding officer for the purpose of all or any of the
provisions of this Ordinance;
(vii) “court-martial” means a court-martial held
under this Ordinance ;
(viii)
“criminal court” means a
Court of ordinary criminal justice in any part of Pakistan or established
elsewhere by the authority of the 2[Federal
Government] ;
(ix) “desertion” has the meaning assigned to it
by section 45 and “desert” and its cognate expressions shall be construed
accordingly ;
(x) “enemy” includes all armed mutineers, armed
rebels, armed rioters, pirates and any person in arms against whom it is the
duty of any person subject to military, naval or air force law to act ;
1Subs. by F.A.O., 1975, Art. 2
and Sch. for “Commander-in-Chief".
2Subs. ibid., for “Central
Government”.
3Cl. (va) ins. by the
(xi) “flag officer” means an officer of the rank
of Admiral of the Fleet, Admiral, Vice-Admiral or Rear-Admiral ;
(xii) “Government” means the 1[Federal
Government] and includes a Provincial Government;
(xiii) “intoxication” has the meaning assigned to
it by section 58 ;
2[(xiiia) “Islamic law” means a law relating to the enforcement of Hudood
;]
(xiv) “Judge Advocate General” means a person
appointed as such to give advice on matters relating to naval law and to
perform such other duties of a legal character as may arise in connection
therewith ;
(xv) “long imprisonment” means rigorous
imprisonment for a term exceeding two years but not exceeding 3[the
maximum limit of imprisonment specified in section 57 of the Pakistan Penal
Code (Act XLV of 1860)];
(xvi) “mutiny” has the meaning assigned to it by
section 36 ;
(xvii) “naval custody” means the arrest or
confinement of a person in the prescribed manner or in accordance with the
usages and customs of the naval service and includes military or air force
custody 4[and
detention in a civil prison] ;
(xviii) “naval establishment” means an establishment
belonging to or under the control of the navy, whether within or without
(xix) “naval law” means the law contained in this
Ordinance and the rules and regulations and includes the usages and customs of
the navy ;
(xx) “naval reserve forces” means the Pakistan
Naval Reserve Forces and includes the Pakistan Naval Fleet Reserve, the
Pakistan Naval Volunteer Reserve, the Pakistan Naval Reserve and the Pakistan
Women Naval Reserve ;
(xxi)
“naval reward” Includes any
gratuity or annuity for long service or good conduct or pension and any other
naval pecuniary reward ;
(xxii)
“naval ship” means a ship
commissioned for service in the Pakistan Navy and flying the Naval Ensign ;
(xxiii)
“naval vessel” means a ship
or vessel, other than a naval ship, engaged in the naval service of
1Subs. by F.A.O. 1975 Art. 2
and Table, for "Central Government”.
2Cl. (xiiia) ins. by the
3Subs. by Ord. LXII of 2000, s.2.
4Added by the
(xxiv) “navy” means the regular naval forces of
(xxv) “notification” means a notification
published in the official Gazette ;
(xxvi) “offence” means any act or omission
punishable under this Ordinance and includes a civil offence ;
(xxvii)
“officer” means a person
holding a commission 1[,not
being a junior commission] in the Navy, and includes a subordinate officer, and
when serving under prescribed conditions, an officer of the Pakistan Army or
the Pakistan Air Force ;
(xxviii) “prescribed” means prescribed by rules made
under this Ordinance ;
(xxix) “provost-marshal” means a person appointed
as such under this Ordinance and includes any of his deputies or assistants or
any other person legally exercising authority under him or on his behalf ;
2* * * * * * *
(xxxi) “regulations” means regulations made under
this Ordinance ;
(xxxii) “rules” means rules made under this
Ordinance ;
3[(xxxiia) “sailor” means a person enrolled under this Ordinance below
the rank of chief petty officer ;]
(xxxiii) “service” when qualifying institution,
necessaries, books, band, mess, money, goods or other property, means belonging
to or connected with the army, the navy or the air force or any part thereof ;
(xxxiv) “service law” means this Ordinance, the
Pakistan Army Act, 1952 (XXXIX of 1952), the Pakistan Air Force Act, 1953 (VI of 1953), and the rules and regulations made thereunder
;
(xxxv) “short imprisonment” means simple or
rigorous imprisonment for a term not exceeding two years ;
(xxxvi)
“subordinate officer” means
a person appointed as an acting sub-lieutenant, a midshipman or a cadet in any
branch of the navy ;
(xxxvii) “superior officer” when used in relation to
a person subject to this Ordinance, means an officer or a rating not below the
rate of petty officer who is of rank or rate higher than that person, or is
senior to that person in the same rank or
1Ins. by the
2Cl. (xxx) omitted by the
3Cl. (xxxiia) ins. ibid.
rate,
and as regards persons serving under such conditions as the 1[Federal
Government] may direct, an officer; junior commissioned officer, warrant
officer or non-commissioned officer of the Pakistan Army or the Pakistan Air
Force;
(xxxviii)
all words and expressions used herein and defined in the Pakistan Penal Code (Act XLV of 1860), 2[or
in any Islamic law], and not hereinbefore defined, shall have the meanings
respectively assigned to them in that Code 3[or,
as the case may be, that law].
4[4A. Facilities for the performance of
religious duties. All
officers in command of ships and establishments of the Pakistan Navy shall give
reasonable facilities for the performance of religious duties by officers,
chief petty officers and sailors of their respective ships and establishment.]
CHAPTER II.__SPECIAL
PROVISIONS FOR THE APPLICATION OF THIS ORDINANCE IN CERTAIN CASES.
5. Application of this Ordinance to certain
forces under the Federal Government. The 1[Federal
Government] may, by notification, apply with or without modification all or any
of the provisions of this Ordinance to any force raised and maintained in
Pakistan and suspend operation of any other enactment for the time being
applicable to the said force.
6. Special provision as to rank and command
in certain cases.Any person or class of persons subject to
this Ordinance under clause (c) of sub-section (2) of section 2__
(1) shall be so subject as officers, chief
petty officers or petty officer as the 1[Federal
Government] or any officer authorised by it in that behalf may direct ;
(2) in respect of whom no direction under
clause (1) is in force, shall be deemed to be of a rate inferior to that of a
petty officer ;
(3) shall be deemed to be under the
commanding officer of the naval ship, naval vessel or naval establishment, if
any, to which he is attached and if he is not so attached, under the command of
any officer who may, for the time being, be named as his commanding officer by
the office commanding the force with which such person may be serving, or of
any other prescribed officer, and if no such officer is named or prescribed under
the command of the said officer commanding the force ;
1Subs. by F.A.O., 1975, Art. 2
and Table, for “Central Government”.
2Ins. by the
3Added ibid.
4Ins. ibid., s. 3.
(4) shall not be placed under the command of
an officer of official rank inferior to that of such person if there is present
at the place where such person is any officer of higher rank under whose
command he can be placed.
7. Officers exercising powers in certain
cases.__ (1) Whenever persons subject to this
Ordinance are serving whether within or without Pakistan, under an officer not
subject to this Ordinance, the 1[Federal
Government] may prescribe the officer by whom the powers which, under this
Ordinance, may be exercised by a commanding officer, shall as regards such
persons, be exercised.
(2) The 1[Federal
Government] may confer such powers either absolutely or subject to such
restrictions, reservations, exceptions and conditions as it may think fit.
8.
Exercise of powers vested in holder of naval office. Any power or jurisdiction given to, and any
act or thing to be done by, to, or before any person holding any naval appointment
may be exercised by, or done by, to, or before any other person for the time
being authorised in that behalf according to rules or customs of the navy.
9. Power to declare persons to be on active
service.
Notwithstanding anything contained in clause (i) of section 4, the 1[Federal
Government] may, by notification, declare that any person or class of persons
subject to this Ordinance, shall, with reference to any area in which they may
be serving or with reference to any provision of this Ordinance or of any other
law for the time being in force, be deemed to be on active service within the
meaning of this Ordinance.
CHAPTER III.__APPOINTMENT,
COMMISSION AND ENROLMENT.
10.
Eligibility for employment.
No person who is not a citizen of
11.
Appointment and commission.__(1) Officers other than subordinate,
officers shall be appointed by commission by the President.
(2) Subordinate
officers shall be appointed in such manner and shall hold such rank as may be
specified in the regulations.
1Subs. by F.A.O., 1975, Art.2
and Table, for “Central Government”.
12. Enrolment 1[and
Junior Commission].__
2[(1) The terms and conditions of service of chief pety officers
and sailors, and the manner and procedure of their enrolment, shall be such as
may be specified in the regulations.].
(2) No person shall be enrolled as a 3[sailor]
in the Pakistan Navy for an Initial period Of engagement exceeding such period
as may be prescribed.
(3) Notwithstanding anything contained in
any other law for the time being in force,__
(a) the
enrolment of any person under this Ordinance shall be binding on him both
during his minority and after he attains majority ;
(b) neither
the parent or guardian of a minor duly enrolled under this Ordinance nor any
other person shall be entitled to claim custody of the said minor as against
the 4[Federal
Government] or any of its officers or other persons set over him.
5[(4) A 3[Sailor]
who is, or has before the commencement of the Pakistan Navy (Amendment)
Ordinance, 1965, been, promoted to the rank of chief petty officer shall be
granted junior commission in the Pakistan Navy upon such terms and conditions
as may be specified in the regulations.
(5) The
chief petty officers who, having been promoted before the commencement of the
Pakistan Navy (Amendment) Ordinance, 1965, are granted commission in pursuance
of sub-section (4) shall rank among themselves in the order of their seniority
as chief petty officers.]
13. Validity of enrolment. Every person who has for the space of three
months been in receipt of pay as a person enrolled under this Ordinance and
been borne on the books of any naval ship or naval establishment shall be
deemed to have been duly enrolled and shall not be entitled to claim his
discharge on the ground of any irregularity or illegality in his enrolment or
on any other ground whatsoever ; and if any person in receipt of such pay and
1Added by the
2Subs. by the
3Subs. ibid., for “ratings”.
4Subs. by F.A.O., 1975, Art. 2
and Table, for “Central Government”.
5Sub-sections (4) and (5) ins.
by the
borne on
the books as aforesaid claims his discharge before the expiry of three months
from his enrolment, no such irregularity or illegality or other ground shall,
until he is discharged in pursuance of his claim, affect his position as an
enrolled person under this Ordinance or invalidate any proceedings, act or
thing taken or done prior to his discharge.
14.
Attestation. Every 1[chief
petty officer and sailor] shall, on completion of prescribed period after 2[the
grant of junior commission or, as the case may be,] enrolment, make and
subscribe before his commanding officer or any prescribed officer, an oath or
affirmation in the prescribed form.
CHAPTER IV.__CONDITIONS OF SERVICE
15.
Tenure of service.
Every officer 3[,
chief petty officer and sailor] shall hold office during the pleasure of the
President.
16.
Liability for service. Every
officer 3[,
chief petty officer and sailor] shall be liable to serve in the navy until his
services have been duly terminated by competent authority in accordance with
this Ordinance and the rules and regulations made thereunder.
17.
Termination of service.__(1) The 4[Federal
Government] may dismiss, remove, discharge or release any officer from the
service or compel him to resign or retire from the service.
(2) Any
officer may be permitted, subject to the exigencies of the service, by the 4[Federal
Government] to voluntarily resign his commission or retire from service.
(3) The 4[Federal
Government] the 5[chief
of the Naval Staff], or any prescribed officer may dismiss, discharge or
release any subordinate officer 6[,
chief petty officer or sailor] from the service.
18.
Release on expiry of period of engagement. A 7[chief
petty officer or sailor] shall be entitled to be released at the expiration of
the term of service for which he is engaged unless___
1Subs. by the
2Ins. ibid.
3Subs. ibid., s. 6, for “and
rating”.
4Subs. by F.A.O., 1975, Art. 2
and Table, for “Central Government”.
5Subs. ibid., Art. 2 and Sch.
for “Commander-in-Chief”.
6Subs. by Ord. 55 of 1980, s.
7, for “or rating”.
7Subs. ibid., s. 8, for
“rating”.
(a) such
expiration occurs,__
(i) when
war is imminent or existing, or
(ii) when
the strength of the branch of service to which he belongs is five per cent,
below its strength,
in which
case he shall he liable to continue to serve for such further period as may be
required by the 1[Chief
of the Naval Staff] ; or
(b) he is
re-engaged in accordance with the regulation.
19.
Discharge or dismissal when out of
(2) Any
person enrolled under this Ordinance who is dismissed from the service and who,
when he is so dismissed, is serving out of
(3) Where
any such person as is mentioned in sub-section (2) is sentenced to dismissal
combined with any other punishment, such other punishment, or, in the case of a
sentence of imprisonment or detention, a portion of such sentence, may be inflicted
before he is sent to
(4) For
purposes of this section, the word “discharge” includes release and the word
“dismissal” includes removal.
20.
Certificate on termination of service. Every 2[chief
petty officer or sailor] who is dismissed, discharged, or released from the
service shall be furnished by the prescribed officer with a certificate setting
forth__
(a) the
authority terminating the service ;
(b) the
cause for such termination ; and
(c) the
full period of his service in the navy.
21.
Power to modify certain fundamental rights in their application to persons
subject to this Ordinance.
Subject to the provisions of any law for the time being in force relating to
the navy or to any branch thereof, the 3[Federal
Government] may, by notification, make rules restricting in such manner and to
such extent as may be specified the right of any person subject to this
Ordinance__
1Subs. by F.A.O., 1975, Art. 2
and Sch., for “Commander-in-Chief”.
2Subs. by the
3Subs. by F.A.O., 1975, Art. 2
and Table, for “Central Government”.
(a) to be a
member of, or to be associated in any way with, any trade union or labour
union, or any class of trade or labour unions or any society, institution or
association, or any class of societies, institutions or associations;
(b) to
attend or address any meeting or to take part in any demonstration organised
by any body of persons for any political or other purposes ;
(c) to
communicate with the press or to publish or cause to be published any book,
letter or other document.
CHAPTER V.__SERVICE
PRIVILEGES
22.
Authorised deductions only to be made from pay. The pay and allowances of every officer 1[,
chief petty officer and sailor] due to him as such under any regulation for the
time being in force, shall be paid without any deduction other than the deductions
authorised by or under this or any other enactment or prescribed by the 2[Federal
Government].
23.
Remedy of aggrieved persons.
If an officer 3[,
chief petty officer or sailor] thinks that he has suffered any personal
oppression, injustice or other ill-treatment at the hands of any superior
officer, he may make a complaint in accordance with the rules made under this
Ordinance.
24.
Immunity from attachment. The
arms, clothes, equipment, accoutrement or necessaries of any officer 3[,
chief petty officer or sailor] shall not be seized, and their pay and
allowances, or any part thereof, shall not be attached under any process or
direction of any civil or revenue Court or any public servant, in satisfaction
of any decree or order enforceable against him.
25.
Immunity from arrest for debt.__(1) No officer 3[,
chief petty officer or sailor] shall, so long has he is subject to this
Ordinance, be liable to be arrested for debt under any process issued by, or by
the authority of, any civil or revenue Court or any public servant.
(2) The judge
of any such court or the said officer shall examine into any complaint made by
such person or his superior officer of the arrest of such person contrary to
the provisions of this section, and if satisfied that the arrest was made in
contravention of preceding sub-section shall by warrant under his hand,
discharge the person arrested, and may award reasonable costs to the
complainant who may recover these costs in like manner as he might have
recovered costs awarded to him by a decree against the person obtaining the
process.
1Subs. by the
2Subs. by F.A.O., 1975, Art. 2
and Table, for “Central Government”.
3Subs. by Ord. 55 of 1980, s.
10, for “or rating”.
(3) For
the making of such complaint and for the recovery of such costs, no court-fee
shall be payable by the complainant.
26. Immunity of persons attending
courts-martial 1[or
court of appeals] from arrest.__(1) No president or member of a
court-martial, 1[or
court of appeals], no Judge advocate, no party to any proceeding before a
court-martial, 1[or
court of appeals], or his legal practitioner or agent and no witness acting in
obedience to a summons to attend a court-martial, shall, while proceeding to
attending, or returning from a court-martial 1[or
court of appeals] , be liable to arrest by civil or revenue process.
(2) If any
such person is arrested under any such process, he may be discharged by order
of the court-martial 2[or,
as the case may be, court of appeals].
27.
Priority in respect of naval personnel's litigation.__(1)
On the presentation to any court, by or on behalf of any officer 3[chief
petty officer or sailor], of a certificate, from the proper naval authority, of
leave of absence having been granted to or applied for by him for the purpose
of prosecuting or defending any suit or other proceeding in such Court, the
Court shall, on the application of such person, arrange, so far as may be
possible, for the hearing and final disposal of such suit or other proceeding
within the period of the leave so granted or applied for.
(2) The
certificate from the proper naval authority shall state the first and last day
of the leave or intended leave, and set forth a description of the case with
respect to which the leave was granted or applied for and shall be duly signed
and authenticated by such authority.
(3) No fee
shall be payable to the court in respect of the presentation of any such
certificate or of any application by or on behalf of any such person for
priority for the hearing of his case, and every such certificate duly signed or
authenticated as aforesaid shall be conclusive evidence of the correctness of
the contents thereof.
(4) Where
the court is unable to arrange for the hearing and final disposal of the suit
or other proceeding within the period of such leave or intended leave as
aforesaid, it shall record its reasons for its inability to do so, and shall
cause a copy thereof to be furnished to such person on his application without
any payment whatever by him in respect either of the application for such copy
or of the copy itself.
(5) Every
criminal court before which a case is pending against any officer or rating
shall, so far as may be possible, arrange for the early hearing and final
disposal of such case.
1Ins. by the
2Added ibid.
3Subs. by the
(6) If in any case a question arises as to
the proper naval authority qualified to grant such certificate as aforesaid, such
question shall be at once referred by the Court to an officer, commanding a
naval ship or establishment, or to a superior naval authority, whose decision
shall be final.
28.
Saving of rights and privileges under other laws. The rights and privileges specified in the
preceding sections of this Chapter shall be in addition to any others conferred
on persons subject to this Ordinance or on members of the regular Army, Navy
and Air Force generally by any other law for the time being in force.
CHAPTER VI.__OFFENCES.
(i) Misconduct in Action and Assistance to
Enemy
29.
Misconduct in action by persons in command. Every flag officer, captain or other person
subject to this Ordinance who, being in command of any of the naval ships,
naval vessels or naval establishments-
(a) fails
to use his utmost exertions to bring into action any such ship, vessel or
establishment which it is his duty to bring into action ;
(b)
surrenders any such ship, vessel or establishment to the enemy when it is
capable of being successfully defended or destroyed;
(c) fails
to pursue any enemy whom it is his duty to pursue, or to assist to the utmost
of his ability any friend whom it is his duty to assist; or
(d) in the
case of any action by or against the enemy, improperly withdraws from the
action or from his station, or fails in his own person and according to his
rank to encourage the persons under his command to fight courageously;
shall be
liable, if the offence is committed with intent to assist the enemy, to suffer
death; and in any other case to suffer long imprisonment.
30.
Misconduct in action by other officers and men. Every person subject to this Ordinance who,
not being in command of any of the naval ships, naval vessels or naval
establishments, fails when ordered to prepare for action by or against the
enemy, or during any such action, to use his utmost exertions to carry the
lawful orders of his superior officers into execution shall be liable, if the
offence is committed with intent to assist the enemy, to suffer death, and in
any other case, to suffer long imprisonment.
31. Obstruction of operation. Every person subject to this Ordinance who
wilfully delays or discourages upon any pretext whatsoever, any action or
service which has been commanded on the part of any of the Pakistan forces or
of any forces co-operating therewith, be liable, if the offence is committed
with intent to assist the enemy, to suffer death, and in any other case, to
suffer long imprisonment.
32. Corresponding with, supplying or serving
with the enemy. Every
person subject to this Ordinance who-
(a)
communicates with or gives intelligence to the enemy;
(b) fails
to make known to the proper authorities any information received by him from
the enemy;
(c) furnishes
the enemy with supplies of any description; or
(d) having
been made a prisoner of war, serves with or aids the enemy in the prosecution
of hostilities or of measures calculated to influence morale, or in any other
manner whatsoever, not authorised by international usage;
shall be
liable, if the offence is committed with intent to assist the enemy, to suffer
death, and in any other case, to suffer long imprisonment.
(ii) Neglect of Duty
33. Sleeping on watch or abandoning post.__(1)
Every person subject to this Ordinance who, being in the presence or vicinity
of the enemy or under orders to be prepared for action by or against the enemy,
abandons his post improperly or sleeps upon his watch, shall be liable to
suffer long imprisonment.
(2) Every person subject to this Ordinance
who, not being in the presence or vicinity of the enemy or under such orders as
aforesaid, abandons his post improperly or sleeps upon his watch, shall be
liable to suffer short imprisonment.
34. Neglect of duty. Every person subject to this Ordinance who
neglects to perform or negligently performs any duty imposed on him shall be
liable to be dismissed from the service.
(iii) Mutiny
35.
Definition of “Mutiny”. In
this Ordinance, mutiny means a combination between two or more persons subject
to service law, or between persons two at least of whom are subject to service
law-
(a) to
overthrow or resist lawful authority in the armed forces of Pakistan or any
forces co-operating therewith or in any part of any of the said forces;
(b) to
disobey such authority in such circumstances as to make the disobedience
subversive of discipline, or with the object of avoiding any duty or service,
or in connection with operations against the enemy; or
(c) to
impede the performance of any duty or service in the Armed Forces of Pakistan
or in any forces co-operating therewith, or in any part of any of the said forces.
36.
Offences of mutiny.__(1) Every person subject to this Ordinance
who__
(a) takes
part in a mutiny involving the use of criminal force or the threat of the use
of criminal force or having as its object or one of its objects the refusal or
avoidance of any duty of service against or in connection with operations
against, the enemy, or the impeding of the performance of any such duty or
service, or
(b) incites
any person subject to service law to take part in such a mutiny, whether actual
or intended, shall be liable to suffer death.
(2) Every
person subject to this Ordinance who takes part in a mutiny not described in
the foregoing sub-section, or incites any person subject to service law to take
part in such a mutiny, whether actual or intended, shall be liable to suffer
long imprisonment.
(3) Every
person subject to this Ordinance who endeavours to seduce any person subject to
service law from his duty or allegiance to the Government, shall be liable to
suffer long imprisonment.
37.
Failure to suppress mutiny.
Every person subject to this Ordinance who, knowing or having reason to
believe that a mutiny is taking place or is intended,__
(a) fails
to use his utmost endeavours to suppress or prevent it; or
(b) fails
to report without delay that the mutiny is taking place or is intended, shall,-
(i) if his offence was committed with intent to
assist the enemy, be liable to suffer death; and
(ii) in any other case, be liable to suffer long
imprisonment.
38.
Attempt to stir up disturbance. Every
person subject to this Ordinance who attempts to stir up any disturbance in a
naval ship, naval vessel or naval establishment on the ground of
unwholesomeness of food or upon any other ground, shall be liable to suffer
long imprisonment.
(iv) Insubordination
39.
Using criminal force to superior officer. Every person subject to this Ordinance who
uses criminal force to, commits an assault on, his superior officer, whether or
not that officer is exercising authority as such, shall be liable to suffer
long imprisonment.
40.
Disobedience. Every
person subject to this Ordinance who wilfully disobeys any lawful command of
his superior officer (by whatever means communicated to him), shall be liable
to suffer long imprisonment.
41.
Insubordinate behaviour.
Every person subject to this Ordinance who uses threatening or insulting
language to, or behaves with contempt to, his superior officer, shall, if such
officer is at the time in the execution of his office or, if the offence is
committed on active service, be liable to suffer long imprisonment, and in any
other case to suffer short imprisonment.
42.
Violation of this Ordinance, rules, regulations and orders. Every person subject to this Ordinance who,
neglects to obey or contravenes any provision of this Ordinance or any rule or
regulation made under this Ordinance or any general or local order, shall,
unless other punishment is provided in this Ordinance for such neglect or
contravention, be liable to suffer short imprisonment.
43.
Fighting and quarreling. Every
person subject to this Ordinance who-
(a) fights
or quarrels with any other person, whether subject to this Ordinance or not;
(b) uses
threatening, abusive, insulting or provocative words or behaviour likely to
cause disturbance;
(c) being
concerned in any quarrel, affray or disorder, refuses to obey any officer, who
orders him into arrest, or uses criminal force to or assaults any such officer;
(d) uses
criminal force to or assaults any person, whether subject to this Ordinance or
not, in whose custody he is lawfully placed, and whether he is or is not his
superior officer; or
(e) resists
any escort whose duty it is to apprehend him or to have him in charge, shall be
liable to suffer short imprisonment.
44.
Obstruction of provost officers.
Every person subject to this Ordinance, who, wilfully obstructs or wilfully
refuses, when called on to assist, any provost officer or any person (whether
subject to this Ordinance or not) legally exercising authority under or on
behalf of a provost officer, shall be liable to suffer short imprisonment.
Explanation.___
For the purposes of this section, a “provost officer” shall be deemed to
include a provost-marshal appointed under this Ordinance or under the Pakistan
Army Act, 1952 (XXXIX of 1952), or the Pakistan Air Force Act, 1953 (VI of 1953), and any person legally exercising authority
under him or on his behalf.
(v) Desertion
and Absence without Leave
45.
Definition of desertion.
A person is guilty of desertion within the meaning of this Ordinance if he
leaves or fails to attend at his ship or place of duty with the intention of
remaining permanently absent from duty without proper authority or if, having
left or failed to attend at his ship or place of duty in any circumstances, he
does any act with the like intention.
46.
Desertion.__(1) Every person subject to this Ordinance
who deserts shall__
(a) if he
commits the offence on active service or when under orders for active service,
be liable to suffer-long imprisonment; and
(b) if he
commits the offence under any other circumstances, be liable to suffer short
imprisonment.
(2) A
person convicted of desertion shall, except so far as the naval tribunal by
which he is tried or the 1[Chief
of the naval Staff] may otherwise direct, forfeit all pay, bounty, salvage and
allowances earned by him, all annuities, pensions and gratuities granted to
him, and all clothes and effects left by him on board his ship or at his place
of duty.
(3) Every
person subject to this Ordinance who incites any other person subject to service
law to desert, or knowingly harbours any such deserter, shall be liable to
suffer short imprisonment.
47.
Absence without leave.
Every person subject to this Ordinance who, without being guilty of desertion,__
(a) absents
himself without leave ;
(b)
improperly leaves his ship or place of duty; or
(c) incites
any other person subject to service law to absent himself without leave or
improperly to leave his ship or place of duty, shall be liable to suffer short
imprisonment.
1Subs. by F.A.O., 1975, Art. 2
and Sch. for “Commander-in-Chief”.
48. Failure to report deserters and
absentees. Every
person subject to this Ordinance, who knowing that any other person subject to
service law has deserted, absented himself without leave, or improperly left
his ship or place of duty, or is attempting to desert, to absent himself
without leave or improperly to leave his ship or place of duty,__
(a) fails
to report the fact without delay ; or
(b) fails
to take any steps within his power to cause that person to be apprehended,
shall be liable to suffer short imprisonment.
(vi) Navigation
and Flying Offences
49.
Loss or hazarding of ship or aircraft. Every person subject to this Ordinance who, either wilfully
or by negligence__
(a) causes
or allows to be lost, stranded or hazarded any of the naval ships or vessels ;
or
(b) causes
or allows to be lost or hazarded any of Government's aircraft,
shall be
liable, if he acts wilfully or with wilful neglect, to suffer long
imprisonment, and in any other case to short imprisonment.
50.
Dangerous flying.
Every person subject to this Ordinance who is guilty of any act or neglect in
flying, or in the use of any aircraft, or in relation to any aircraft or
aircraft material, which causes or is likely to cause loss of life or bodily
injury to any person, shall be liable__
(a) if he
acts wilfully or with wilful neglect, to suffer long imprisonment ; and
(b) in any
other case to suffer short imprisonment.
51.
Low flying. Every
person subject to this Ordinance who, being the pilot of one of the
Government’s aircraft, flies it at a height less than such height as may be
provided by any regulations issued under the authority of the 1[Federal
Government], except-
(a)
while taking off or alighting ; or
(b) in
such other circumstances as may be so provided, shall be liable to suffer short
imprisonment.
52.
Annoyance by flying.
Every person subject to this Ordinance who, being the pilot of one of the
Government’s aircraft, flies it so as to 'cause, or to be likely to cause,
unnecessary annoyance to any person shall be liable to be dismissed from the
service.
1Subs. by F.A.O., 1975, Art. 2
and Table, for “Central Government".
(vii) Prize
offences
53.
Prize offences by commanding officers. Every person subject to this Ordinance who being in command
of any of the naval ships, naval vessels or aircraft,-
(a) having
taken any ship, vessel or aircraft as prize, fails to send to a High Court or
to some other prize Court having jurisdiction in the case, all the ship papers
or aircraft papers, as the case may be, found on board ;
(b)
unlawfully makes any agreement for ransoming of any ship, vessel, aircraft or
goods taken as prize ; or
(c) in
pursuance of any such agreement as aforesaid, or otherwise by collusion,
restores or abandons any ship, vessels, aircraft or goods taken as prize ;
shall be
liable to suffer long imprisonment 1[and
shall also be liable to fine].
54.
Other prize offences.
Every person subject to this Ordinance who-
(a) strikes
or otherwise ill-treats any person who is on board a ship, vessel or aircraft
when taken as prize, or unlawfully takes from any such person anything in his
possession ;
(b) removes
out of any ship, vessel or aircraft taken as prize (otherwise than as safe
keeping or for necessary use and service of any of the forces) any goods not
previously adjudged by a prize Court to be lawful prize ; or
(c) breaks
bulk on board any ship, vessel or aircraft taken as prize, or detained in
exercise of any belligerent right or under any enactment, with intent to commit
breach of trust or dishonestly misappropriates anything therein,
shall be
liable to suffer long imprisonment 1[and
shall also be liable to fine].
(viii) Other offences in respect of Ships and Aircraft
55.
Inaccurate certification.
Every person subject to this Ordinance who makes or signs, without having
ensured its accuracy, a certificate relating to any matter effecting the sea
going or fighting efficiency of any of the naval ships or naval vessels, or any
certificate relating to any of the Government’s aircraft or aircraft material,
shall be liable to suffer short imprisonment.
56. Improper carriage of goods. Every person subject to this Ordinance
who, being in command of any of the naval ships, naval vessels or aircraft
without lawful authority__
1Added by Act 9 of 05, ss. 2-3.
(a)
receives or permits to be received on board the ship, vessel or aircraft any
goods or merchandise intended for disposal or delivery by way of trade or
business (whether on his own account or on account of any other person), not
being merchandise received in the course of salvage; or
(b) agrees
to convey any goods or merchandise on board the ship, vessel or aircraft in consideration
of the payment of freight, or demands or receives any payment in respect of
such carriage,
shall be
liable to be dismissed from the service 1[and
shall also be liable to fine].
(ix) Malingering
and Intoxication
57.
Malingering. Every
person subject to this Ordinance who__
(a)
falsely pretends to be suffering from sickness or disability.
(b) injures
himself with intent thereby to render himself unfit for service, or causes
himself to be injured by any person with that intent, or
(c) with
intent to render or keep himself unfit for service, does or fails to do
anything (whether at the time of the act or omission he is in hospital or not)
whereby he produces, or prolongs or aggravates, any sickness or disability,
shall be
liable to suffer short imprisonment.
Explanation.__In
this section the expression “unfit” includes temporarily unfit.
58. Definition of intoxication. A person is in a state of intoxication
within the meaning of this Ordinance if owing to the influence of alcohol or
any drug, whether alone or in combination with any other circumstances, he is
unfit to be entrusted with his duty or with any duty which he might be called
upon to perform, or behaves in a disorderly manner or in a manner likely to
bring discredit on the service.
2[59.
Offences of intoxication. Every person subject to this
Ordinance who is found in a state of intoxication shall, if the offence is not
liable to hadd under
Islamic law, be liable to suffer short imprisonment.]
1Added by Act 9 of 05, s.4.
2Subs. by the
(x) Offences
in respect of Naval Custody
60.
Irregularity in connection with custody. Every person subject to this Ordinance who,__
(a)
unnecessarily detains a person in custody without bringing him to trial, or
fails to bring his case before the proper authority for investigation ; or
(b) having
committed a person to naval custody falls without reasonable cause to deliver
at the time of such committal, or as soon as practicable, and in any case
within forty-eight hours thereafter, to the officer or other person into whose
custody the person arrested is committed, an account in writing, signed by
himself of the offence with which the person so committed is charged,
shall be
liable to suffer short imprisonment.
61. Escape from custody. Every person subject to this Ordinance,
who, being in lawful custody, escapes or attempts to escape, shall be liable to
suffer short imprisonment.
62.
Permitting escape of person in custody. Every person subject to this Ordinance who,__
(a) when in
command of a guard, piquet, patrol or post, releases without proper authority,
whether, wilfully or without reasonable excuse, any person committed to his
charge, or refuses to receive any prisoner or person so committed, or
(b)
wilfully or without reasonable excuse allows to escape any person who is
committed to his charge, or whom it is his duty to keep or guard,
shall be
liable, if he has acted wilfully, to suffer long imprisonment, and if he has
not acted wilfully, to suffer short imprisonment.
(xi) Offences
relating to Property
63.
Theft and dishonest misappropriation, etc. Every person subject to this Ordinance who
commits any of the following offences, that is to say__
(a) commits
theft 1[,
not liable to hadd
under any Islamic law,] of any property belonging to the Government, or to any
service mess, band or institution or to any person subject to service law, or
serving with or attached to the navy ;
1Ins. by the
(b)
dishonestly misappropriates or converts to his own use any such property ;
(c) commits
criminal breach of trust in respect of any such property ;
(d)
dishonestly receives or retains any such property in respect of which any of
the offences under clauses (a), (b) and (c) has been committed, knowing or
having reason to believe the commission of such offence ;
(e)
wilfully destroys or injures any property of the Government entrusted to him ;
or
(f) does
any other thing with intent to defraud, or to cause wrongful gain to one person
or wrongful loss to another person,
shall be
liable to suffer long imprisonment 1[and
shall also be liable to fine].
64.
Making away with equipment, etc. Every
person subject to this Ordinance who makes away with (whether by pawning,
selling, destroying or in any other way) or loses or, by negligence damages or
allows to be damaged__
(a) any
clothing, arms, ammunition or other equipment issued to him for his use for
naval purposes ; or
(b) any
military, naval or air force decoration granted to him,
shall be
liable to suffer short imprisonment 1[and
shall also be liable to fine].
Explanation.-It shall be a defence for a person charged
under this section with losing any property that he took reasonable steps for
its care and preservation.
65.
Loss and waste of Government and service property. Every person subject to this Ordinance who__
(a) loses
any Government or service property of which he has the charge or which has been
entrusted to his care, or which forms part of property of which he has the
charge or which has been entrusted to his care ;
(b) by
negligence destroys or damages any Government or service property or allows any
such property to be destroyed or damaged ; or
(c)
wastefully expends any such property,
shall be
liable to suffer short imprisonment 1[and
shall also be liable to fine].
Explanation.__ It shall be a defence for a person charged
under this section with losing any property that he took reasonable steps for
its care and preservation.
1Added by Act 9 of 05, ss. 5-7.
(xii)
Miscellaneous offences
66.
Unauthorised disclosure of information. Every person subject to this Ordinance who without lawful
authority wilfully discloses or purports to disclose whether orally, in
writing, by signal or by any other means whatsoever, any information which has
been entrusted in confidence to him or to which he has access owing to his
position shall be liable to suffer short imprisonment.
67.
Falsification of documents.
Every person subject to this Ordinance who,__
(a) makes
or signs any muster, record or other official document which is to his
knowledge false in a material particular ;
(b) alters
any such document so that it is to his knowledge false in a material particular
; or
(c)
connives at the commission by another person subject to this Ordinance of an
offence against this section (whether or not he knows the nature of the
document in relation to which that offence is committed),
shall be
liable to suffer short imprisonment.
68.
Signing in blank and failure to report. Every person subject to this Ordinance who,__
(a) when
signing any document relating to pay, arms, ammunition, equipment, clothing,
supplies or stores, or any property of the Government, fraudulently leaves in
blank any material part for which his signature is a voucher ; or
(b) refuses
or by culpable neglect omits to make or send a report or return which it is his
duty to make or send,
shall be liable to suffer short imprisonment.
69. False answers on enrolment. Every person having become subject to this
Ordinance by enrolment who is discovered to have made at the time of his
enrolment a wilfully false answer to any question set forth in the prescribed
form of enrolment, shall be liable to suffer short imprisonment.
70. Unbecoming conduct by officers. Every officer subject to this Ordinance
who behaves in a manner unbecoming his position and the character expected of
him, shall be liable to be dismissed from the service.
71. Disgraceful conduct. Every person subject to this Ordinance who
is guilty of any disgraceful conduct of a cruel, indecent or unnatural kind,
shall be liable to suffer short imprisonment.
72.
False accusation.
Every person subject to this Ordinance who,__
(a) makes a
false accusation 1[,
not amounting to qazf,]
against any person subject to this Ordinance knowing or having reason to
believe such accusation to be false ; or
(b) in making
a complaint under section 23 makes any statement affecting the character of any
person subject to this Ordinance, 1[not
amounting to qazf,]
knowing or having reason to believe such statement to be false ; or knowingly
and wilfully suppresses any material facts,
shall be
liable to suffer short imprisonment.
73.
Offences in relation to courts-martial 2[or court of appeals.]__(1) Every person subject to this Ordinance
who,__
(a) having
been duly summoned or ordered to attend before a court-martial 3[or
court of appeals], fails to comply with the summons or order ;
(b)
refuses, to take an oath or make an affirmation when duly required by a
court-martial to do so ;
(c) refuses
to produce any document in his custody or under his control which a
court-martial has lawfully required him to produce ;
(d) when a
witness, refuses to answer any question which a court-martial has lawfully
required him to answer ;
(e)
wilfully insults any person, being a member of a court-martial 3[or
court of appeals] or witness or any other person whose duty it is to attend on
or before the Court, while that person is acting as a member thereof or is so
attending, or while that person is going to or returning from the proceedings
of the Court ; or
(f)
wilfully interrupts the proceedings of a court-martial 3[or
court of appeals], or otherwise misbehaves before the Court,
shall be liable to suffer short imprisonment.
1Ins. by the
2Added ibid., s. 8.
3Ins. ibid.
(2) Where an offence against sub-section (1)
is committed in relation to a court-martial 1[or
court of appeals] and the Court is of opinion that it is expedient that the
offender should be dealt with summarily by the Court instead of being brought
to trial before another court-martial, the Court may by order under the hand of
its president sentence him to imprisonment or (except in the case of an
officer) detention, for a term not exceeding twenty-one days.
74.
False evidence. Every
person subject to this Ordinance who, having been lawfully sworn or affirmed as
a witness or as an interpreter in proceedings before a court-martial or before
any board or person having power by virtue of this Ordinance to administer an
oath or affirmation, makes a statement martial in those proceedings which he knows
to be false or does not believe to be true, shall be liable to suffer long
imprisonment.
75.
Conduct to the prejudice of naval discipline. Every person subject to this Ordinance who
is guilty of any act, disorder or neglect to the prejudice of good order and
naval discipline not described in the foregoing provisions of this Ordinance,
shall be liable to suffer short imprisonment.
(xiii)
Attempts and Abetments
76. Attempts to commit naval offence. Every person subject to this Ordinance who
attempts to commit any of the offences specified in the foregoing provisions of
this Ordinance, or to cause such an offence to be committed, and in such
attempt does any act towards the commission of the offence shall, where no
express provision is made by this Ordinance for the punishment of such attempt
be liable,-
(a) if the
offence attempted to be committed is punishable with death, to suffer long
imprisonment ;
(b) if the
offence attempted to be committed is punishable with imprisonment, to suffer
imprisonment for a term which may extend to one-half of the longest term
provided for that offence ; and
(c) if the
offence attempted to be committed is punishable with dismissal from the
service, to suffer any punishment lower than dismissal in the scale of
punishments provided in section 80.
77. Abetment of offences. Every person subject to this Ordinance who
abets the commission of any of the offences specified in the foregoing provisions
of this Ordinance shall, whether the act abetted is committed or not in
consequence of the abetment and where no express provision is made by this
Ordinance for the punishment of such abetment, be liable to suffer the
punishment provided for that offence.
1Ins. by the
(xiv)
Civil Offences
78. Civil offences triable by naval
tribunal.__(1) Subject to the provisions of section 79
every person subject to this Ordinance who at any place in or beyond Pakistan
commits any civil offence shall be deemed to be guilty of an offence against
this Ordinance and, if charged therewith under this section, shall be liable to
be tried by a naval tribunal, and, on conviction, be punishable as follows,
that is to say,-
(a) if the
offence is one which would be punishable under the law in force in Pakistan
with death or with 1[imprisonment
for life], he shall be liable to suffer any punishment, other than 2*
* whipping, assigned for the offence by the aforesaid law and such less punishment
as is in this Ordinance mentioned
3* * * * * * *
(b) in any
other case, he shall be liable to suffer any punishment, other than whipping, 4[(except
where is liable to whipping as hadd
under any Islamic law)], assigned for the offence by any law in force in
Pakistan, or to suffer short imprisonment or such less punishment as is in this
Ordinance mentioned [:]5
6[Provided that, where the offence of which
any such person is found guilty is an offence liable to hadd under any Islamic law, the
punishment awarded to him shall be that provided for the offence in that law.]
(2) A person subject to this Ordinance may
be charged with an offence under this section notwithstanding that he could on
the same facts be charged with an offence under any other section of this
Ordinance.
1Subs. by the Federal Laws
(Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and Sch., II, for
“transportation”.
2The words “transportation or
omitted ibid.
3Omitted by Ord. LXII of 2000,
s.3.
4Ins. by the
5Subs. ibid., for full-stop.
6Proviso added ibid.
1[(3) Notwithstanding anything contained in
this Ordinance or in any other law for the time being in force, a person who
becomes subject to this Ordinance by reason of his being accused of an offence
mentioned in sub-section (3) of section 2 shall be liable to be tried by a
naval tribunal or otherwise dealt with under this Ordinance for such offence as
if the offence were an offence against this Ordinance and were committed at a
time when such person was subject to this Ordinance; and the provisions of this
section shall have effect accordingly.].
79. Civil offences triable by naval tribunal
under special circumstances. A
person subject to this Ordinance who commits an offence of murder against a
person not subject to service law, or of culpable homicide not amounting to
murder against such a person, or of 2[zina or zina-bil-jabr] in relation
to such a person, shall be deemed to be guilty of an offence under this
Ordinance and shall be tried by a naval tribunal, provided he commits any of
the said offences,__
(a) while
on active service ; [or]3
(b) at any
place outside
(c) at any
place specified by the 4[Federal
Government] by notification in this behalf.
CHAPTER VII-PUNISHMENTS
5[80. Scale of punishments.__(1) Subject to the provisions of this and
the next following section, the following are the punishments which may be
awarded to persons convicted of offences under this Ordinance, that is to say :__
(a)
stoning to death ;
(b)
death ;
(c)
amputation of hand, foot or both ;
(d) long
imprisonment ;
(e)
short imprisonment ;
(f)
whipping ;
1Added by the Defence Services
Laws (Second Amdt.) Ordinance, 1967 (4 of 1967), s. 4.
2Subs. by the
3Added by the
4Subs. by F.A.O., 1975, Art. 2
and Table, for “Central Government”.
5Subs. by Ord. 37 of 1984, s.
11, for section 80, which was previously amended by Ord. 55 of 1980, s. 13.
(g) any
other punishment for in any Islamic law ;
(h)
dismissal from service ;
(i)
detention ;
(j) fine ;
(k)
forfeiture of seniority in rank in the case of officers ;
(l)
forfeiture of time for promotion in the case of officers of, and below the rank
of, Lieutenant ;
(m)
reduction in rank in the case of subordinate officers of, disrating in the case
of chief petty officers and sailors ;
(n)
forfeiture of pay, bounty, salvage, prize money and allowances earned by, and
of all annuities, pensions, gratuities, medals and decorations, granted to, the
offender or any one or more of the above punishments ;
(o)
forfeiture of all clothes and effects left by the deserter on board the ship or
establishment to which he belongs;
(p) penal
deductions ;
(q) dismissal
from the ship to which the offender belongs ;
(r) severe
reprimand or reprimand ; and
(s) such
minor punishments as may be prescribed.
(2) In its application to a convicted person
who is an officer, sub-section (1) shall have effect as if clauses (i) and (s)
thereof were omitted ; and in its application to a convicted person who is a
chief petty officer or sailor that sub-section shall have effect as if clauses
(k ) and (l) thereof were omitted.
(3) A
person shall not be sentenced to stoning to death, amputation of hand, foot or
both or whipping except in respect of an offence of which he is convicted under
an Islamic law.]
81. Provision as to award of punishment.__(1) A sentence of imprisonment shall involve,__
(a) in all
cases, stoppage of pay during the term of imprisonment ;
(b) in the
case of an officer, dismissal from the service ;
(c) in the
case of a 1[chief
petty officer or sailor], disrating and deprivation of good conduct badges and
may be accompanied by a sentence of dismissal from the service.
2[(1A) A sentence of amputation of hand, foot
or both or whipping shall involve dismissal from the service.]
(2) The sentence of dismissal from the
service may be accompanied by a sentence of forfeiture of all or any part of the
pay, bounty, salvage 3[,
prize money] and allowances earned by, and of all annuities and medals, granted
to the offender;
Provided that the forfeiture shall not
apply, except in the case of deserters, to moneys which should have been paid
on the last pay day preceding conviction.
(3) The punishment of dismissal from the
service shall in the case of persons who hold any lien on appointments in the
army or air force or civil service, involve dismissal from such army, air force
or civil service.
(4) Detention may be awarded for any term
not exceeding six months ; and a sentence of detention shall in all cases
involve stoppage of pay during the term of detention, and disrating.
(5) The punishment of forfeiture of
seniority shall be imposed in the substantive rank held at the date of the
sentence, and shall involve a corresponding forfeiture of seniority in every
higher acting rank subject always to the condition that forfeiture of seniority
in any rank shall in no case exceed the seniority in that rank at the date of
the sentence.
(6) The punishment of forfeiture of
seniority shall involve the loss of the benefit of service included in the
seniority forfeited for the purposes of pension, gratuity, promotion and such
other purposes as may be prescribed, provided that such pension, gratuity and
promotion and other purposes depend upon such service.
(7) The punishment of forfeiture of time for
promotion shall delay the promotion by the time specified.
4[(8) A sentence of reduction in rank or
disrating may reduce the offender to any rank or rate not lower than that
prescribed in relation to persons of the class to which he belongs, and
references in sub-sections (1) and (4) to disrating are references to reduction
to the rate so prescribed.]
1Subs. by the
2Ins. by the
3Ins. by Ord. 55 of 1980, s.14.
4Subs. ibid for sub-section
(8).
1[(8A) On reduction in rank or disrating, the
offender shall be placed at the bottom of the list of seniority in the new rank
or rate and shall be promoted again or re-advanced to the next higher rank or
rate under normal rules unless otherwise specified :
Provided
that, on such promotion or re-advancement, he shall be entitled to the benefit
of the service rendered by him in the former rank or rate prior to his
reduction or disrating.]
(9) Penal deductions mean deductions as
specified hereinafter in this Ordinance and may accompany a sentence of
imprisonment.
(10)
Subject to the provisions of this Ordinance a naval tribunal may, on
conviction, award either the punishment specified by this Ordinance as the penalty
for an offence, or in lieu thereof, any one or more of the punishment inferior
in degree to the specified punishment, according to the scale of punishments
laid down in sub-section (1) of section 80.
CHAPTER VIII.- PENAL DEDUCTIONS
82. Deductions from pay and allowances of
officers 2[, chief petty officers and sailors]. Subject to the provisions of this Chapter
the following deductions may be made from the pay and allowances of an officer 3[,
chief petty officer or sailors] without recourse to trial by a naval tribunal,
namely :-
(a) all pay
and allowances for every day of absence without leave unless a satisfactory
explanation is given to the commanding officer and approved, in case of
officers, by the 4[Chief
of the Naval Staff] ;
(b) all pay
and allowances, for every day while he is in civil or naval custody or under
suspension from duty on a charge for an offence of which he is afterwards
convicted by a naval tribunal or a criminal Court and sentenced to imprisonment
;
(c) all pay
and allowances for every day while he is in hospital on account of sickness
certified by the prescribed medical officer to have been caused by an act
amounting to an offence punishable under this Ordinance;
1Ins. by the
2Subs. ibids., s.15, for “and
ratings”.
3Subs. ibid., for “or rating”.
4Subs. by F.A.O., 1975., Art. 2
and Sch., for “Commander-in-Chief”.
Provided
that such certificate is accepted by the 1[Chief
of the Naval Staff] or, in case of a 2[chief
petty officer or sailor], by the prescribed officer
(d) any sum
required to make good any loss, damage or destruction of Government or service
property which after due investigation appears to the 1[Chief
of the Naval Staff] or the prescribed officer to have been occasioned by the
wrongful act or negligence on the part of the officer 2[,
chief petty officer or sailor] as the case may be:
Provided that the total deductions made under this clause shall
not in any case exceed his pay and allowances for three months ;
(e) any sum
which after due investigation appears to the prescribed officer to be due to a
service mess or canteen ; and
(f) any sum
which is criminal Court or the 3[Federal
Government] 4[
or the Chief of the Naval Staff] orders him to pay for the maintenance of his
wife or legitimate or illegitimate children.
83. Limit of certain deductions. Except when the deductions are made under
clauses (a) and (b) of the last preceding section, the total deductions from
the pay and allowances of an officer 2[,
chief petty officer or sailor] shall not exceed in any one month, one-half of
his pay and allowances for that month.
84. Pay and allowances during trial. In the case of any person subject to this
Ordinance who is in naval or civil custody on a charge for an offence, the
prescribed officer may direct that the whole or any part of the pay and
allowances of such person shall be withheld, pending the result of his trial on
the charge against him:
Provided that no part of the pay and
allowances shall be withheld in the absence of any such direction.
85. Deduction from money due to person. Any sum authorised by this Ordinance to be
deducted from the pay and allowances of any person, may, without prejudice to
any other mode of recovering the same, be deducted from any money due to him
from Government other than a pension.
1Subs. by F.A.O., 1975, Art. 2
and Sch, for “Commander-in-Chief".
2Ins. by the
3Subs. by F.A.O., 1975, Art. 2
and Table, for “Central Government”.
4Ins. by Ord. 55 of 1980 s. 15.
86. Pay and allowances of prisoner of war
during inquiry into his conduct.
Where the conduct of any person subject to this Ordinance when being taken
prisoner by, or while in the hands of, the enemy, is to be inquired into under
this Ordinance or any other law, the 1[Chief
of the Naval Staff] or any officer authorised by him may order that the whole
or any part of the pay and allowances of such person shall be withheld pending
the result of such inquiry.
87. Remission of deductions.__(1) Any deductions from the pay and
allowances authorised by or under this Ordinance may be remitted by the 1[Chief
of the Naval Staff], in his discretion.
(2) Such
deductions may also be remitted in such manner and to such extent and by such
authority as may be prescribed.
88. Provision for dependants of prisoner of
war from his pay and allowances.__(1) It shall be lawful for proper provision
to be made by the prescribed authorities for any dependants of any person
subject to this Ordinance, who is a prisoner of war or is missing out of his
pay and allowances.
(2) For the purpose of this section, a
person shall be deemed to continue to be a prisoner of war until the
conclusion of any inquiry into his conduct such as is referred to in section
86, and if he is dismissed from the service in consequences of such conduct,
until the date of such dismissal.
CHAPTER IX.-ARREST AND PROCEEDINGS BEFORE
TRIAL
89. Duty to bring offenders to justice and
powers of arrest.-(1)
It shall be the duty of every person subject this Ordinance who knows or has
reasonable grounds for suspecting that another person subject thereto is
committing or has committed an offence under this Ordinance to take all
reasonable steps within his power to cause that person to be brought to
justice.
(2) The following persons shall have power
to arrest a person subject to this Ordinance who is found committing or is
alleged to have committed or is reasonably suspected of having committed any
such offence as aforesaid, that is to say :-
(a) in case
of an officer, an officer subject to this Ordinance who is his superior
officer, or, if the person to be arrested is engaged in a quarrel, affray or
disorder, any officer subject to this Ordinance ;
(b) in the
case of a 2[chief
petty officer or sailor], an officer subject to this Ordinance, a chief petty
officer, petty officer or a leading 3[rate]
subject to this Ordinance who is of superior rate or senior to him in the same
1Subs. by F.A.O., 1975, Art. 2
and Sch, for “Commander-in-Chief”.
2Subs. by the
3Subs. ibid., for “rating”.
rate,
and any 1[chief
petty officer or sailor] exercising the authority as a member of the regulating
staff or as s, member of the staff of the officer of the watch ;
(c) in any case, a provost officer or any
officer or person legally exercising authority under or on behalf of a provost
officer;
Provided that an officer shall not be
arrested by virtue of clause (c) except on the order of another officer.
(3) Any power of arrest under this section
may be exercised either personally or by ordering into arrest the person to be
arrested or by giving orders for that person’s arrest.
90. Provision for avoiding delay after
arrest.__(1) Where any person subject to this
Ordinance is placed under arrest, it shall be the duty of his commanding
officer to ensure that as soon as may be either the proceedings are taken for
his trial or he is released from arrest.
(2) Every person subject to this Ordinance
who has been taken into naval custody and kept under close arrest shall be
produced before his commanding officer within a period of 48 hours of such
arrest, excluding the time necessary for the journey from the place of arrest
to the commanding officer, and no such person shall be detained in custody
beyond the said period without authority of the commanding officer.
(3) Whenever any person subject to this
Ordinance having been taken into naval custody, remains, under close arrest for
a period longer than eight days without being tried summarily or a Court for
his trial being ordered to assemble, a special report on the necessity for
further delay shall be made by his commanding officer to the 2[Chief
of the Naval Staff] and a similar report shall be so made every eight days
until the person under arrest is released from arrest or tried summarily or
such a Court is ordered to assemble.
91. Duty to receive or keep in custody.__(1) The commanding officer shall be
responsible for the safe custody of every person who is in naval custody on
board his ship or in his establishment.
(2) The officer 3[,
chief petty officer or sailor] in charge of a guard, or a provost-marshal shall
receive and keep any person who is duly committed to his custody.
92. Procedure before trial. Subject to the provisions of this Ordinance
the procedure before trial and the manner of investigation shall be as
prescribed.
1Subs. by the
2Subs. by F.A.O., 1975, Art.2
and Sch., for “Commander-in-Chief”.
3Subs. by the
93. Arrest under warrants of naval
authorities.__(1) A warrant for the arrest of a person
suspected of any offence under this Ordinance may be issued in the prescribed
form by the 1[Chief
of the Naval Staff], his commanding officer or any other officer empowered by
the 1[Chief
of the Naval Staff] in this behalf, and it shall be executed as if it has been
issued by a Magistrate of competent jurisdiction.
(2) Every person, to whom such a warrant is
issued, shall take steps to execute the warrant and arrest the offender and
shall, as soon as may be, arrest the person and deliver him into naval custody.
(3) A person authorised to arrest an
offender may use such force as may be necessary for the purpose of affecting
such arrest.
94. Provost-Marshals.__(1) Provost-marshals may be appointed by the
1[Chief
of the Naval Staff], or by any prescribed officer.
(2) The duties of a Provost-marshal are to
take charge of persons confined for any offence, to preserve good order and
discipline, and to prevent breaches of the same by persons serving in, or
attached to the Navy.
(3) A Provost-marshal may at any time arrest
and detain for trial any person subject to this Ordinance who commits, or is
charged with, an offence, and may also carry into effect any punishment to be
inflicted in pursuance of the sentence awarded by a naval tribunal but shall
not inflict any punishment on his own authority:
Provided that no officer shall be so
arrested or detained otherwise than on the order of another officer.
Explanation.__
For the purposes of sub-sections (2) and (3), a “Provost-marshal” shall be
deemed to include a Provost-marshal appointed under the Pakistan Army Act, 1952
(XXXIX of 1952), or the Pakistan Air Force Act, 1953 (VI of 1953), and any person legally exercising authority
under him or on his behalf.
CHAPTER X.-AUTHORITIES HAVING POWER TO AWARD
PUNISHMENT
95. Naval tribunal.__(l) An offence triable under this Ordinance
shall be tried by a naval tribunal, namely :__
(a) general
court-martial,
(b)
district court-martial,
(c) summary
general court-martial,
(d)
commanding officer, or such other officer or authority exercising powers of
summary trial and punishment as may be prescribed.
1Subs. by F.A.O., 1975, Art. 2
and Sch. “Commander-in-Chief”.
(2) A trial by a naval tribunal under the
provisions of this Ordinance shall be deemed to be a judicial proceeding within
the meaning of sections 193 and 228 of the Pakistan Penal Code (Act XLV of 1860), and the naval tribunal shall be deemed to
be a Court within the meaning of sections 480 and 482 of the Code of Criminal
Procedure, 1898 (Act V of 1898).
96. General court-martial.__(1) A general court-martial may be convened
by the 1[Chief
of the Naval Staff] or any prescribed officer empowered in this behalf and to
such extent as may be specified in the warrant issued under the hand of the 1[Chief
of the Naval Staff].
(2) A general court-martial shall have an
officer not below the substantive rank of commander as president and shall
have power to try any person subject to this Ordinance for any offence
punishable therein and to pass any sentence authorised thereby.
97. District court-martial.__(1) A district court-martial may be convened
by any authority having power to convene a general court-martial or any
prescribed officer empowered in this behalf and to such extent as may be
specified in the warrant issued under the hand of the 1[Chief
of the Naval Staff].
(2) A district court-martial shall have an
officer not below the substantive rank of lieutenant commander as president
and shall have power to try any person subject to this Ordinance, who is of the
rank of lieutenant or below or a 2[chief
petty officer or sailor], and to pass any sentence authorised by this Ordinance
not exceeding,-
(a) in the
case of an officer, forfeiture of seniority in rank or forfeiture of time for
promotion for a period of one year; and
(b) in the
case of a 2[chief
petty officer or sailor], short imprisonment.
98. Summary general court-martial.__(1)
A summary general court-martial may be convened__
(a) by any
authority having power to convene a general court-martial or any prescribed
officer empowered in this behalf and to such extent as may be specified in the
warrant issued under the hand of the 1[Chief
of the Naval Staff].
(b) on
active service, by an officer commanding a flotilla or squadron not below the
substantive rank of commander, if in the opinion in writing of such officer
commanding which opinion shall be final, it is not practicable, having regard
to discipline and the exigencies of the service, to try the alleged offender by
a general or district court-martial.
1Subs. by F.A.O., 1975, Art. 2
and Sch. for “Commander-in-Chief”.
2Subs. by the
(2) A summary general court-martial shall
have an officer not below the substantive rank of a lieutenant commander as
president and shall have power to try any person subject to this Ordinance for
any offence punishable therein and to pass any sentence authorised thereby.
99. Composition of courts-martial.__(1)
A court-martial shall consist of such number of officers of any branch of the
Pakistan Navy, who have held commissions for a period of not less than three
years and who are of or above the rank of lieutenant as the authority ordering
the court-martial may fix, subject to the following limits, namely :-
(a) a
general court-martial shall consist of not less than five and not more than
nine such officers ;
(b) a
district court-martial shall consist of not less than three and not more than
seven such officers ; and
(c) a
summary general court-martial shall consist of not less than three and not more
than five such officers.
(2) The president and other members of a
court-martial, and such spare members as the authority ordering the
court-martial considers appropriate for the purpose of filling vacancies, shall
be nominated by that authority.
(3) The officer who orders a court-martial
shall not be a member of the court-martial ; and no court-martial shall consist
of officers all of whom belong to the same ship or naval establishment.
(4) A court-martial for the trial of an
officer shall not include more than one member, who is below the rank of such
officer.
1[99A. Members of court-martial and presiding
officer of court of appeals to be Muslims. In the trial of a person subject to this
Ordinance, who is a Muslim, by a court-martial for an offence punishable under
an Islamic law, the president, the judge advocate and the members, including
the spare members, of the court-martial, the confirming officer and the
presiding officer of the court of appeals shall all be Muslims.]
100. Judge Advocate.__(1) Every general court-martial shall, and
every district or summary general court-martial may, be attended by a Judge
Advocate, who shall be either an officer belonging to the department of the
Judge Advocate General, or if no such officer is available, a fit person
appointed by the convening officer.
(2) No general court-martial, and no
district or summary general court-martial to which a Judge Advocate has been
appointed shall proceed with the trial in the absence of the Judge Advocate.
1Ins. by the
101. Quorum and dissolution of
courts-martial.__(1) If at any time after a court-martial has
been sworn and before the president has signed the finding and sentence, if
any, the president or the Judge Advocate dies or is otherwise unable to attend,
the court shall be dissolved.
(2) The proceedings of a court-martial shall
be valid notwithstanding the absence of one or more of the members other than
the president, so long as the number of members present throughout the
proceedings is not reduced below the minimum required by this Ordinance to
constitute the court; otherwise the court shall be dissolved.
(3) Where any member is absent the court
shall be adjourned, unless it is allowed to proceed without such member by the
convening authority, in which case such member shall not at any subsequent
stage sit on that court.
(4) The officer who convened a court-martial
may dissolve such court-martial, if it appears to him that the exigencies of
the service or the necessities or discipline render it impossible or
inexpedient to continue the trial.
(5) Where a court-martial is dissolved under
this section the accused may be tried by a court-martial constituted afresh.
102. Powers of commanding officers in
respect of summary trial.__(1)
Subject to the provisions of this section, a 1[chief
petty officer or sailor] may be summarily tried by the officer in command of
the naval ship or naval establishment to which the offender belongs either at
the time of the commission of the offence or at the time of the trial, and may
be awarded such punishment as may be prescribed.
(2) This section applies to every offence
under this Ordinance other than an offence punishable with death 2[or
with hadd under any
Islamic law].
(3) A commanding officer shall not have
power under this section to award a sentence of imprisonment or detention for
any term exceeding three months.
(4) The power conferred by sub-section (1)
on the officer in command of a ship or establishment may, subject to rules be
exercised,-
(a) in
respect of persons on board a single tender or boat which is absent from the
ship or establishment on detached service, by the officer in command of that
tender or boat ;
1Subs. by the
2Added by the
(b) in
respect of persons on board any one of two or more tenders or boats which are
absent as aforesaid on detached service in company or acting together, by the
officer in immediate command of those tenders or boats ;
(c) in
respect of other persons absent from the ship or establishment on detached
service either on shore or elsewhere, by the officer in immediate command of
those persons ; and
(d) in
respect of 1[chief
petty officers or sailors] attached to or serving with any body of the regular
army or the air force under prescribed conditions, by the commanding officer of
any such body.
(5) The power conferred on any officer by
sub-section (1) or sub-section (4) may be delegated by that officer to any
other officer to such extent and subject, to such conditions as may be
prescribed.
103. Powers of other authorities in respect
of summary trial. The 2[Chief
of the Naval Staff] or any prescribed officer empowered by him in this behalf
may in the prescribed manner and to such extent as may be specified by the 2[Chief
of the Naval Staff], summarily try an officer of the rank of lieutenant or
below charged with an offence under this Ordinance and award any punishment
authorised by this Ordinance not exceeding forfeiture of seniority in rank or
forfeiture of time for promotion for period of six months.
104. Place of trial. Any person subject to this Ordinance an
charged with and offence under this Ordinance may be tried and punished at any
place whatsoever.
105. Period of limitation for trial.__(1)
Save as provided in sub-section (2), no trial by naval tribunal of any person
subject to the Ordinance for any offence shall be commenced after the expiration
of period of three years from the date of the commission of such offence.
(2) The provisions of sub-section (1) shall
not apply to a trial for an offence of desertion or fraudulent enrolment or for
any of the offences relating to mutiny 3[or
espionage] 4[or
for any of those mentioned in section 63].
(3) In computing the period of time
mentioned in sub-section (1), any time spent by such person as a prisoner of
war, or in any enemy territory, or in evading arrest after the alleged
commission of the offence, shall be excluded.
1Subs. by the
2Subs. by F.A.O., 1975, Art. 2
and Sch. for “Commander-in-Chief”.
3Added by Ordinance, 55 of
1980, s. 21.
4Added by the
(4) Notwithstanding anything contained in
sub-section (2), no trial for an offence of desertion (other than desertion on
active service) or of fraudulent enrolment shall be commenced, if the person
concerned (not being an officer) has, subsequently to the alleged commission of
the offence, served continuously in an exemplary manner for not less than three
years with any portion of the armed forces.
106. Liability of offender who ceases to be
subject to this Ordinance.-(1)
Subject to the provisions of this section, a person who has ceased to be
subject to this Ordinance may be tried under this Ordinance for any offence
committed while subject to this Ordinance and may for that purpose be arrested
and kept in naval custody as if he had not ceased to be subject thereto.
(2) Save as provided in sub-section (3), no
such person as aforesaid shall be tried for an offence, unless his trial
commences within six months of his ceasing to be subject to this Ordinance.
(3) The provisions of sub-section (2) shall
not apply to the trial of any such person as aforesaid for an offence of
desertion or fraudulent enrolment or for any of the offences relating to mutiny
1[or
espionage] 2[or
for any of those mentioned in section 63].
(4) Nothing contained in subsection (2)
shall affect the jurisdiction of a criminal Court to try any offence triable by
such Court.
(5) When a person subject to this Ordinance
is sentenced by a naval tribunal to imprisonment, this Ordinance shall apply to
him during the term of his sentence, though he is dismissed from the service or
has otherwise ceased to be subject to this Ordinance, and he may be kept,
removed, imprisoned and punished as if he has continued to be subject to the
Ordinance.
(6) When a person subject to this Ordinance
is sentenced by a naval tribunal to death, this Ordinance shall apply to him
till the sentence is carried out.
107. Concurrent jurisdiction of naval
tribunal and criminal court.__(1) When a Criminal Court and naval tribunal
both have jurisdiction in respect of a civil offence, it shall be in the
discretion of the prescribed naval authority to decide whether the proceedings
shall be instituted before the Court or tribunal and if that authority decides
that they shall be instituted before a naval tribunal, to direct that the
accused person shall be detained in naval custody.
1Added by the
2Added by the
(2) Where it is decided to institute the
proceedings before a naval tribunal under sub-section (1) but the criminal
Court is of the opinion that proceedings ought to be instituted before itself;
it may be written notice require than prescribed naval authority to postpone
the proceedings pending the determination of the matter by the 1[Federal
Government], and thereupon the proceedings shall be so postponed.
(3) On receiving a notice under sub-section
(2), the said authority shall, unless upon reconsideration it agrees that the
proceedings shall be instituted before the criminal Court, forthwith refer the
matter to the 1[Federal
Government] whose decision thereupon shall be final.
108. Prohibition of second trial.__(1)
Where a person subject to this Ordinance is acquitted or convicted of an
offence 2[by
a court of appeals or] on trial by a naval tribunal, a criminal Court or a
naval tribunal shall be debarred from trying him subsequently for the same
offence 3[save
as provided for in this Ordinance].
(2) Where a person subject to this Ordinance
is acquitted or convicted of any offence on trial by a criminal Court, he shall
not subsequently be tried under this Ordinance for the same offence ; and no
person so convicted shall, by reason of such conviction, be subjected to any
loss of forfeiture of seniority or of rate, of privilege in respect of leave,
or of pay or service (other than pay and service in respect of time spent in
civil custody pending trial, or while attending his trial, or while serving any
sentence of imprisonment, awarded by the criminal court) :
Provided
that nothing in this sub-section shall affect the power to discharge any person
from the naval service as a person whose services are no longer required.
CHAPTER XI.-PROCEDURE OF COURTS-MARTIAL
109. Objections.__(1)
At all trials by courts-martial, as soon as this Court is assembled, the names
of the president and members .hall be read over in the presence of the accused,
who shall thereupon be asked whether he objects to being tried by any officer
sitting on the Court.
(2) If the accused objects to any such
officer, his objection, and also the reply thereto of the officer objected to,
shall be heard and recorded, any the remaining officers appointed as members of
the Court shall, in the absence of the challenged officer, decide on the
objection.
1Subs. by F.A.O., 1975, Art.2
and Table, for “Central Government”.
2Ins. by the
3Added ibid.
(3) If objection is made in respect of the
president, and allowed by one-half or more of the officers entitled to vote,
the Court shall adjourn until a new president is appointed by the convening
authority.
(4) If the objection is made in respect of any
member of the Court other than the president and allowed as specified above,
the member objected to shall retire, and his vacancy shall be filled by the
first officer nominated as a spare member; under sub-section (2) of section 99
who is qualified to be and is not already a member of the Court.
(5) When no objection is made, or objection
made has been disallowed, or the place of every officer successfully objected
to has been filled by another officer to whom no objection is made or objection
made is disallowed, the Court shall proceed with the, trial.
110. Administration of oath.__(1) An oath or affirmation in the prescribed
form shall be administered in open Court to every member of ever court-martial
and to the Judge Advocate, if any, before the commencement of the trial.
(2) An oath or affirmation in the prescribed
form shall be administered in open Court to every officer, if any, in
attendance on a court-martial for the purpose of instruction, and also to every
short-hand writer or interpreter, if any.
(3) Every person giving evidence before a
court-martial shall be examined after being duly sworn or affirmed in the
prescribed form:
Provided that where a court-martial is
satisfied that a child of tender years is unable to understand the nature of an
oath or affirmation, it may dispense with the administration of oath or
affirmation.
111. Voting by members.__(1) Every decision of a court-martial shall
be passed by an absolute majority of votes ; and where there is an equality of
votes on either the finding or the sentence, the decision shall be in favor of
the accused :
Provided that no sentence of death shall be
passed without the concurrence, in the case of a general court-martial of at
least two-thirds of the members, and in the case of a summary general
court-martial of all the members of the Court [:]1
2[Provided further that, where the offence of
which an accused is found guilty is an offence liable to hadd under an Islamic law, the
sentence awarded shall be that provided for the offence in that law.]
1Subs. by the
2Proviso added ibid.
(2) In matters other than an objection under
section 109 or a finding or a sentence, the president shall have a second or
casting vote.
112. Power to convict of mitigated offence. Where higher punishment for any offence
under this Ordinance depends upon the intent with which or the circumstances in
which the offender acts, and any person is charged with committing that offence
with such intent or in such circumstances, he may be found guilty of committing
that offence without such intent or circumstances and awarded lower punishment.
113. Power to convict of alternative offence.-(1) Where a person is charged with an
offence under any provision of this Ordinance other than sections 78 and 79 but
the offence is not proved, he may be found guilty of-
(a) an
attempt or abetment to commit the offence charged ; or
(b) an
offence of the same class as the offence charged and not involving greater
punishment.
(2) Where a person is charged with a civil
offence under sections 78 and 79 but that offence is not proved, he may be
found guilty and convicted of any other civil offence of which he could be
found guilty and convicted by a criminal Court in a trial for the same offence
as he is charged with.
114. General rules as to evidence. Subject to the provisions of this Ordinance,
the rules of evidence generally followed in criminal Courts shall apply to
proceedings before a court-martial.
115. Judicial notice. A court-martial shall take judicial notice
of any matter generally within the knowledge of its members as officers of the
navy.
116. Summoning of witnesses.__(1)
The convening officer, the president of the Court, the Judge Advocate, 1[the
President of the board of inquiry,] or the commanding officer of the accused
person may, by summons under his hand, require the attendance, at a time and
place to be mentioned in the summons, of any person either to give evidence or
to produce any document or thing.
(2) In the case of a witness subject to
service law the summons shall be sent to his commanding officer and such
officer shall serve it upon him accordingly.
1[(3) In case of any other witness the person
issuing the summons under sub-section (1) shall have the same powers as a
criminal court has under the Code of Criminal Procedure 1898 (Act V of 1898),
to enforce the attendance of any witness and for his examination or production
of any document or thing.]
1Ins. by Ord. LXII of 2000, s.
4.
(4) When a
witness is required to produce any particular document or thing the summons
shall describe it with reasonable precision.
117. Commission for the examination of
witnesses.__(1) Whenever, in the course of a trial by a
court-martial, it appears to the Court that the examination of a witness is
necessary for float: ends of justice, and that the attendance of such witness
cannot be procured without an amount of delay, expense or inconvenience which,
in the circumstances of the case, would be unreasonable, such Court may, if it
thinks necessary, issue a commission in the manner specified in Chapter XL of
the Code of Criminal Procedure, 1898 (Act V of 1898), according as the witness resides in a place
in or outside Pakistan.
(2) The Court may be adjourned for a
specified time reasonably sufficient for the execution and return of the
commission.
(3) Such a commission shall be executed by
the Magistrate or officer to whom it is issued in the same manner as if it was
issued in the trial of a warrant case under the Code of Criminal Procedure,
1898 (Act V of 1898), or of any corresponding law in force at the
place where the evidence is recorded ; and shall be returned, together with the
deposition of the witness examined thereunder to the Judge Advocate-General.
(4) The Judge Advocate-General will forward
the same to the court martial who issued it or, if the said court-martial is
in the meanwhile, dissolved to another court-martial convened for the trial of
the accused in respect of the same charge and any deposition so taken shall be
recorded in evidence and shall form part of the proceedings of the Court.
118. Presumption as to signature. In any proceeding under this Ordinance, any
application, certificate, warrant, reply or other document purporting to be
signed by an officer in the service of the Government shall, on production, be
presumed to have been duly signed by the person by whom and in the character in
which it purports to have been signed, until the contrary is shown.
119. Enrolment paper.__(1) Any enrolment paper purporting to be
signed by an enrolling officer shall, in any proceedings under this Ordinance,
be evidence that the person enrolled gave the answer which he is therein
represented to have given.
(2) The enrolment of such person may be
proved by the production of the original or a copy of his enrolment paper
purporting to be certified to be a true copy by the officer having the custody
of the enrolment paper.
120. Presumption as to certain documents.__(1) Where any letter, return or other
document with respect to a person,___
(i) having,
or not having, at any time served, in, or been dismissed or discharged from any
part of the Armed Forces of Pakistan ;
(ii)
having, or not having, held any rank or appointment in, or been posted or
transferred to any part of such forces, or having or not having served in any
particular country or place ; or
(iii)
being, or not being, authorised to use or wear any military, naval or air force
decoration, medal, meal ribbon, badge, wound stripe or emblem, the use or
wearing of which by an unauthorised person is, by any law for the time being in
force an offence,
purports to have beers signed by or on
behalf of a Secretary to the 1[Federal
Government], or by an officer of any of the headquarters of the Armed Forces or
by the commanding officer or the officer having the custody of the records of
any portion of those forces' or of any ship or establishment of the Pakistan
Navy to which such person appears or alleges to belong or to have belonged
shall be evidence of the facts stated in such letter, return or other document.
(2) Any army, navy or air force list or
gazette purporting to have been published by the competent authority shall be
evidence of the status, rank and appointment of the officer or warrant officer
and also of the unit or branch of the service to which he belongs according as
it is shown in the list or gazette.
(3) Where a record made in any service book
in pursuance of this Ordinance or of any rules made thereunder or otherwise in
pursuance of duty purports to have been signed by the commanding officer or by
the officer whose duty it is to make such record, such record shall be evidence
of the facts therein stated.
(4) A copy of any record in any service book
purporting to have been certified as a true copy by the officer having the
custody of such book shall be evidence of such record.
(5) Where any person subject to this
Ordinance is being tried on a charge of desertion or of absence without leave
and such person has surrendered himself into the custody of, or has been
apprehended by, any officer, or any portion, of the Armed Forces of Pakistan, a
certificate purporting to be signed by such officer, or by the commanding
officer of that portion of the Armed Forces and stating the fact, date and
place of such surrender or apprehension, shall be evidence of the matters so stated.
(6) Where any person subject to this
Ordinance is being tried on a charge of desertion or of absence without leave
and such person has on arrest or surrender been taken to a police station in
Pakistan, a certificate purporting to have been signed by the officer-in-charge
of that police station, and stating the fact, date and place of such surrender
or apprehension shall be evidence of the matters so stated.
1Subs. by F.A.O., 1975, Art. 2
and Table, for “Central Government”.
(7) Any document purporting to be a report
under the hand of any Chemical Examiner or Assistant Chemical Examiner to the
Government upon any matter or thing duly submitted to him for examination or
analysis and report may be used as evidence in any proceeding under this
Ordinance.
(8) If it is proved that a person charged
with an offence under this Ordinance has absconded and that there is no
immediate prospect of arresting him, the commanding officer or other
prescribed person may, in his absence, examine, any persons who might appear to
him to be acquainted with the case and record their depositions on oath and any
such deposition may on the arrest of such person be used in evidence against
him in any proceeding under this Ordinance, if the deponent is dead or
incapable of giving evidence, or his attendance cannot be procured without an
amount of delay, expense or inconvenience which under the circumstances of the
case would be unreasonable.
121. Reference by accused to Government
officer.__(1)
If at any trial, or other proceedings for desertion or absence without leave,
the accused states in his defence any sufficient or reasonable excuse for his
unauthorised absence, and refers in support thereof to any officer in the
service of the Government or if it appears that any such officer is likely to
prove or disprove the said statement in the defence, the Court or officer
conducting the proceedings shall address such officer and adjourn the Court or
proceedings until his reply is received.
(2) The written reply of any officer so
addressed shall, if signed by him, be received in evidence and have the same
effect as if made on oath before the Court or officer conducting the
proceedings.
(3) If the court-martial is dissolved before
receipt of such reply or if it omits to comply with the provisions of this
section, the convening officer may, at his discretion, annul the proceedings
and order a fresh trial by the same or another court-martial.
122. Evidence of previous convictions and
general character.__(1) When any person subject to this
Ordinance has been convicted by a court-martial of any offence, such
court-martial may inquire into, and receive an record evidence of any previous
conviction of such person, either by a court-martial held under this Ordinance
or under any other enactment, or by a criminal Court, or of any previous award
of punishment under sections 102 and 103 (to such extent as may be prescribed),
and may further inquire into and record the general character of such person,
an such other matters as may be prescribed.
(2) Evidence received under this section may
be either oral or in the shape of entries in, or certified extracts from
service records; and it shall not be necessary to give notice before trial to
the person tried that evidence as to his previous convictions or character will
be received.
123. Lunacy of accused.__(1)
Whenever, in the course of a trial by a court-martial, it appears to the Court
that the person charged is by reason or unsoundness of mind incapable of making
his defence, or that he committed the act alleged but was by reason of
unsoundness of mind in capable of knowing the nature of the act or knowing that
it was wrong or contrary to law, the Court shall record a finding accordingly.
(2) The president of the Court shall
forthwith report the case to the confirming officer.
(3) The confirming officer to whom a case is
reported under sub-section (2) may, if he does not confirm the finding, take
steps to have the accused person tried by the same or another court-martial for
the offence with which he was charged.
(4) The confirming officer confirming a
finding in any case so reported to him under sub-section (2) shall order the
accused person to be kept in custody in the prescribed manner and shall report
the case for the orders of the 1[Federal
Government].
(5) On receipt of a report under sub-section
(4) the 1[Federal
Government] may order the accused person to be detained in a lunatic asylum or
other suitable place of safe custody.
124. Subsequent fitness of lunatic accused
for trial. Where any
accused person, having been found by reason of unsoundness of mind to be
incapable of making his defence, is in custody or under detention under section
123 the officer commanding the ship or naval establishment within the area of
whose command the accused is in custody or is detained, or any other office prescribed
in this behalf, may-
(a) if such
person is in custody under sub-section (4) of section 123 on the report of
medical officer that he Is capable of making his defence, or
(b) if such
person is detained in a jail under sub-section (5) of section 123, on a
certificate of the Inspector General of Prisons, and if such person is detained
in a lunatic asylum under the said sub-section, on a certificate of any two or
more of the visitors of such asylum that he is capable of making his defence,
take steps to have such person tried by the same or another court-martial for
the offence with which he was originally charged, or, if the offence is civil
offence, by a criminal court.
1Subs. by F.A.O., 1975, Art. 2
and Table, for “Central Government”.
125. Transmission to 1[Federal
Government] of orders under section 124. A copy of every order made by an officer under section 124 for
the trial of the accused person shall forthwith be sent to the 1[Federal
Government].
126. Release of lunatic accused. Where any person is in custody under sub-section
(4) of section 123, or under detention under sub-section (5) of that section__
(a) if such
person is in custody under the said sub-section (4) on the report of a medical
officer, or
(b) if such
person is detained under the said sub-section (5), on a certificate from any of
the authorities mentioned in clause (b) of section 124,
that, in
the judgment of such officer or authority such person may be released without
danger of his doing injury to himself or to any other person, the 1[Federal
Government] may order that such person be released, or detained in custody, or
transferred to a public lunatic asylum if he has not already been sent to such
an asylum.
127. Delivery of lunatic accused to
relatives. Where any
relative or friend of any person, who is in custody under sub-section (4) of
section 123 or under detention under sub-section (5) of that section, desires
that he should be delivered to his care and custody, the 1[Federal
Government] may, upon application by such relative or friend and on his giving
security to the satisfaction of that Government that the person delivered
shall-
(a) be
properly taken care of and prevented from doing injury to himself or to any
other person ; and
(b) be
produced for the inspection of such authority, and at such times and places, as
the 1[Federal
Government] may direct, order such person to be delivered to such relative or
friend.
128. Order for custody and disposal of
property pending trial.
When any property regarding which any offence appears to have been committed,
or which appears to have been used for the commission of any offence, is
produced before a court-martial during a trial, the
1Subs. by F.A.O., 1975, Art. 2
and Table, for “Central Government”.
Court may
make such order as it thinks fit for the proper custody of such property
pending the conclusion of the trial and, if the property is subject to speedy
or natural decay, may, after recording such evidence as it thinks necessary,
order it to be sold or otherwise disposed of.
129. Order for disposal of property
regarding which offence is committed.__(1) After the conclusion of a trial before a
court-martial, the Court or the officer confirming the finding or sentence of
such court-martial or any authority superior to such officer, may make such order
as it or he thinks fit for the disposal by destruction, confiscation, delivery
to any person claiming to be entitled to possession thereof or otherwise of any
property or document produced before the Court or in its custody, or regarding
which any offence appears to have been committed or which has been used for the
commission of any offence.
(2) Where any order has been made under
sub-section (1) in respect of property regarding which an offence appears to
have been committed, a copy of such order signed and certified by the authority
making the same may, whether the trial was held within Pakistan or not, be sent
to a Magistrate in any district in which such property for the time being is,
and such Magistrate shall thereupon cause the order to be carried into effect
as if it was an order passed by such Magistrate under the provisions of the
Code of Criminal Procedure, 1898 (Act V of 1898).
Explanation.-In this section the term “property”
includes, in the case of property regarding which an offence appears to have
been committed not only such property as has been originally in the possession
or under the control of any person, but also any property into or for which the
same may have been converted or exchanged and anything acquired by such
conversion or exchange whether immediately or otherwise.
_________
CHAPTER XII-CONFIRMATION, REVISION AND
REVIEW
130. Confirmation of finding and sentence.__(1) At the conclusion of a trial by
court-martial, the finding and the sentence, if any, of the court shall be
signed by the president and the Judge-Advocate, if any, but they shall not be
promulgated until they have been confirmed.
(2) The president of the court shall forward
the proceedings of the court to the convening authority, who may confirm the
same or transmit them for confirmation to a superior authority, if so directed
by the warrant empowering him to convene the court 1[:]
1Subs. by the
1[Provided that, in the absence of the
convening authority, the proceedings shall be transmitted for confirmation to
an authority superior in command to such authority.].
(3) No finding or sentence of a
court-martial shall be valid unless and except to the extent to which it is
confirmed in accordance with the provisions of this Ordinance and the rules.
131. Power of confirming authority. The confirming authority may order that the
finding and the sentence of the court-
(a) be
confirmed__
(i) as passed by the court, or
(ii) subject to such mitigation, remission or
commutation of the sentence as specified hereinafter ;
(b) be
returned to the court once for revision, as specified hereinafter, prior to
their being confirmed ; or
(c) be not
confirmed.
2[131A. Sentence requiring confirmation by
court of appeals.__(1) A punishment awarded as hadd under any Islamic law shall
not be executed unless it is confirmed by the court of appeals and, until the
punishment is confirmed and executed, the convict shall be dealt with in the
same manner as if sentenced to simple imprisonment.
(2) The sentence of amputation of hand, foot
or both shall be carried out by an authorized medical officer.
(3) If, at the time of the execution of the
sentence, the authorized medical officer is of the opinion that the amputation
of hand, foot or both may cause the death of the convict, the execution shall
be postponed until such time as the apprehension of death cases.]
132. Power of confirming authority to
mitigate, remit or commute sentences. A confirming authority may, when confirming the sentence of a
court-martial, mitigate or remit the punishment thereby awarded, or commute
that punishment for any punishment or punishments lower in the scale as laid
down in this Ordinance:
Provided that a sentence of imprisonment
shall not be commuted to a sentence of detention for a term exceeding the term
of imprisonment awarded by the Court 3[:]
1Proviso added by the
2Ins. by the
3Subs. ibid. s. 20, for the
full-stop.
1[Provided further that a sentence awarded as
hadd under any Islamic
law shall not be so mitigated, remitted or commuted otherwise than in
accordance with such law.]
133. Power of confirming authority to return
the finding and sentence to the court for revision.__(1) Any finding or sentence of a
court-martial may be revised by it by order of the confirming authority but
only once ; and in the course of such revision, the court, if so directed by
the confirming authority, may take additional evidence.
(2) Except for the unavoidable absence of
any of its members, the Court, sitting in revision, shall consist of the same
members as were present at the time of arriving at the finding or passing the
sentence.
(3) In the case of unavoidable absence of
any of its members the cause whereof shall be duly recorded in the proceedings,
the Court shall proceed with the revision, unless the president himself is
absent or the number of member present is less than the minimum required to
constitute the Court under section 99 in which case the Court shall be
dissolved and the accused may be tried by a court-martial constituted afresh.
134. Remedy against an order of
court-martial before confirmation of finding or sentence.__(1)
Any person subject to this Ordinance who consider; himself aggrieved by any
order passed by a court-martial may at the conclusion of the trial and before
confirmation of the finding of the sentence, present a petition to the
confirming authority.
(2) Before confirming any finding or
sentence of a court-martial, the confirming authority shall take such steps as
it considers necessary to satisfy itself of the correctness, legality and
propriety of the order passed and of the regularity of the proceedings in which
it was passed.
135. Review by the 2[Federal Government] or the 3[Chief of the Naval Staff] of finding and
sentence. Any finding
of guilty and any sentence awarded by a court martial in respect of such a
finding may be reviewed by the 2[Federal
Government] or the 3[Chief
of the Naval Staff] at any time.
136. Remedy of aggrieved persons, on being
convicted by a court-martial.
Without prejudice to the provisions of the foregoing section, a person
convicted under this Ordinance by a court-martial may at any time present a
petition against the finding or the sentence or both to the 2[Federal
Government] or the 3[Chief
of the Naval Staff] who may thereupon review the finding or the sentence or
both.
1Proviso added by the
2Subs. by F.A.O., 1975, Art. 2
and Table, for “Central Government”.
3Subs. ibid., Art.2 and Sch.,
for “Commander-in-Chief”.
137. Power to quash or alter findings.__(1) On review of a finding of a
court-martial, the 1[Federal
Government] or the 2[Chief
of the Naval Staff] may-
(a) in any
case, quash the finding ;
(b) where
some other finding of guilty could lawfully have been made by the Court before
which the trial took place, and it appears to the 1[Federal
Government] or the 2[Chief
of the Naval Staff] that Court must have been satisfied of facts necessary to
justify that other finding, substitute that other finding.
(2) Where a finding is quashed under
sub-section (1), then-
(a) if the
sentence passed in respect of that finding relates to that finding only, the
sentence shall be quashed ;
(b) if the
sentence relates to that and any other finding or findings, the 1[Federal
Government] or the 2[Chief
of the Naval Staff] may substitute such sentence as is authorised by this Ordinance
in respect of the other finding or findings.
(3) Where a finding is substituted under
sub-section (1) the sentence may be substituted by any other sentence provided
by this Ordinance in respect of the substituted finding.
(4) The punishment awarded by a sentence
substituted under sub-section (2) or sub-section (3) shall not be higher in
the scale of punishments than, or in excess of the punishment awarded by the
sentence for which the new sentence is substituted.
(5) Any finding or sentence substituted
under the preceding sub-sections shall for all purposes be deemed to be the
finding or sentence of the Court before which the trial took place.
138. Power to remit or alter sentences.__(1) On the review of a sentence awarded by a
court-martial, the 1[Federal
Government] or the 2[Chief
of the Naval Staff] may, subject to the provisions of this section,__
(a) annul
the sentence ;
(b) remit
the sentence in whole or in part ;
(c) commute
the sentence for any other sentence provided by this Ordinance ; or
(d) if the
sentence is for any reason invalid, substitute such other sentence as could be
awarded under this ordinance in respect of the relevant finding or findings.
1Subs. by F.A.O., 1975, Art. 2
and Table, for “Central Government”.
2Subs. ibid., Art.2 and Sch.,
for “Commander-in-Chief”.
(2) The punishment awarded by a sentence
effective after commutation or substitution under sub-section (1) shall not be
higher in the scale of punishments than, or in excess of, the punishment
awarded by the sentence which is commuted or for which the new sentence is
substituted.
(3) Any sentence effective after remission,
commutation or substitution under sub-section (1), shall for all purposes be
deemed to be the sentence of the Court before which the trial took place.
1[138A. Court of appeals.__(1) There shall be a court of appeals which
shall hear appeals against the finding and sentence of a court-martial in a
case punishable with hadd
under an Islamic law 2[or
when a person has been sentenced to death, imprisonment for a term exceeding
three months or dismissal from service.].
(2) The court of appeals shall be appointed
by the Chief of the Naval Staff and shall consist of officers of suitable rank
and qualification who are eligible to serve on a court-martial.
(3) The court of appeals shall have the
power to__
(i) confirm
the finding or sentence or both, and to exercise the same powers in that
respect as are available to a confirming authority under this Ordinance ;
(ii) order
retrial of the accused ;
(iii) quash
the finding ;
(iv) alter
the finding ;
(v) revise
the finding ;
(vi) where
some other finding of guilty could lawfully have been made by the trial and it
appears to the court of appeals that the trial court must have been satisfied
of facts necessary to justify that other finding, substitute that other
finding.
(4) Where a finding is quashed under clause
(iii) of sub-section (3), then,__
(i) if the
sentence passed in respect of that finding relates to that finding only, the
sentence shall be quashed; and
(ii) if the
sentence relates to that and any other finding, or findings, the court of
appeals may substitute such sentence as is authorized by this Ordinance in
respect of the other finding or findings.
1Ins. by the
2Subs. by Act 29 of 1992, s. 2.
(5) Where a finding is altered or
substituted under clause (iv) or clause (vi) of sub-section (3), the court of
appeals may pass such sentence as is authorized by this Ordinance or it may
substitute the sentence by any other sentence provided by this Ordinance in
respect of the substitute finding :
Provided that no order under this sub-section
shall be made to the prejudice of the accused unless he has been afforded an
opportunity of being heard either personally or by his defending officer or his
counsel.
(6) The decision of the court of appeals
shall be finall and shall not be called in question before any court or other
authority.]
139. Saving of functions of Judge
Advocate-General. Nothing
in this Chapter shall affect the powers and functions of the Judge
Advocate-General in relation to the naval tribunals including his functions of
considering and reporting on the proceedings of such tribunals.
140. Bar of appeals. No Court shall question the correctness,
legality or propriety of any proceeding, order, finding or sentence of any
naval tribunal, and no appeal, revision or other remedy shall lie in respect of
any such proceeding, order, finding or sentence save in accordance with the
provisions of this Ordinance.
CHAPTER XIII.-EXECUTION OF SENTENCES
1[141. Form of sentence of stoning to death
and death.__
(1)In
awarding a sentence of stoning to death, a court-martial shall direct that the
sentence shall be executed in the manner provided for in the Offence of Zina (Enforcement of Hudood)
Ordinance, 1979 (VII of 1979).
(2) In awarding a sentence of death, a
court-martial shall, in its discretion, direct that the offender shall suffer
death by being hanged by the neck until he be dead, or shall suffer death by
being shot to death.]
142. Commencement of sentence of
imprisonment or detention.
The term of a sentence of imprisonment or detention under this Ordinance,
whether the sentence has been revised or not, shall be reckoned as commencing
on the day on which the sentence is signed by the president of the
court-martial or the officer trying the case.
143. Execution of sentence of imprisonment. The officer who confirms the sentence or
such other officer as may be prescribed, may direct that the sentence of
imprisonment in any particular case shall be carried out by confinement in a
civil prison or by confinement in a military, naval or air force prison , and
the commanding officer of the person under sentence or such other officer as
may be prescribed, shall forward a warrant in the prescribed form to the
officer in charge of the prison in which the person is to be confined, and
shall forward him to such prison with the warrant :
1Subs. by the
Provided that in the case of a sentence of
imprisonment for a period not exceeding three months, the sentence may be
directed to be carried out by confinement in naval custody instead of a prison
Provided further that on active service a
sentence of imprisonment may be carried out by confinement in such place as the
officer commanding the naval forces may from time to time appoint.
1[143A. Form of sentence of amputation of
hand, foot or both or whipping.__ (1) In awarding a sentence of amputation of
hand, foot or both, a court-martial shall direct that the sentence shall be
executed in the manner provided for in the Offences Against Property
(Enforcement of Hudood)
Ordinance, 1979 (VI of 1979).
(2) In awarding a sentence of whipping, a
court-martial shall direct that the sentence shall be executed in the manner
provided for in the Execution of the Punishment of Whipping Ordinance, 1979 (IX
of 1979).]
144. Execution of sentence of detention. A sentence of detention under this
Ordinance shall be carried out by detaining the offender in any military, naval
or air force detention barracks, detention cells or other military, naval or
air force custody, and when the sentence is to be carried out by detention in
any military, naval or air force detention barracks, the commanding officer of
the person under sentence, or such other officer as may be prescribed, shall
forward the person under sentence, together with a warrant in the prescribed
form, to the officer in charge of the said detention barracks.
2[144A. Execution of sentence of fine. When a sentence of fine is imposed by a
court-martial under this Ordinance, whether the trial was held within Pakistan
or not; copy of such sentence, signed and certified by the President of the
court or the convening officer, as the case may be, shall be sent to a
Magistrate in Pakistan, and such Magistrate shall thereupon cause the fine to
be recovered in accordance with the provisions of the Code of Criminal
Procedure, 1898, for the levy of fines as if it were a sentence of fine imposed
by such Magistrate.].
145. Interim custody of persons under
sentence of 3[stoning
to death or] death, imprisonment or detention.__(1) When a person is sentenced by a
court-martial to suffer 3[stoning
to death or] death and the sentence has been confirmed, the commanding officer
of such person, or such officer as may be prescribed may, if he thinks fit, by
warrant in the prescribed form, commit the said person to safe custody in a
civil prison pending the execution of the sentence, and may similarly, by
warrant in the prescribed form direct that the person so committed be redelivered
to naval custody, or that he be released or confined in accordance with any
order duly made under this Ordinance setting aside or varying the sentence of 3[stoning
to death or] death.
(2) Any such warrant as aforesaid shall be
sufficient authority for the execution of the orders contained therein.
1Ins. by the
2Ins. by Act 29 of 1992, s. 3.
3Ins. by Ord.37 of 1984, s. 24.
(3) A person sentenced under this Ordinance
to imprisonment or detention may, until he reaches the prison or detention
barracks in which he is to undergo his sentence, be kept in naval custody or in
civil custody, or partly in one description of custody and partly in the other,
and may, by order of such officer as may be prescribed, from time to time, be
transferred from one to the other, as occasion may require.
146. Authority for committal and transfer of
prisoners. A warrant
issued in accordance with the provisions of section 143 or section 144, or an
order of the prescribed officer for the transfer of a person undergoing a
sentence of imprisonment or detention from one description of custody to
another, shall be sufficient authority for committing the person concerned to
prison, detention barrack or naval custody or, as the case may be, for
transferring him from one description of custody to the other.
147. Conveying of prisoners from place to
place. A person under
sentence of 1[stoning
to death, death, amputation of hand, foot or both, imprisonment, detention or
whipping] may, while he is being conveyed from one place to another, or when on
board a ship, aircraft, or other vehicle be subjected to such restraint as is
necessary for his safe conduct and removal.
148. Communication of certain orders to
prison officers.__(1) Whenever an order is duly made under
this Ordinance setting aside or varying any sentence, order or warrant under
which any person is confined in a civil, military, naval or air force prison or
detained in a military, naval or air force detention barracks a warrant in
accordance with such order shall be forwarded by the prescribed officer to the
officer-in-charge of the prison or detention barracks in which such person is
confined.
(2) Any such warrant shall be sufficient
authority for the execution of the orders contained therein.
149. Establishment and regulation of naval
prisons or detention barracks. The
2[Federal
Government] may set apart any building or part of a building, or anyplace under
its control, as a naval prison or detention barracks for the confinement of
persons sentenced to 1[stoning
to death, death, amputation of hand, foot or both, imprisonnment, detention or
whipping] under this Ordinance.
150. Power to make rules in respect of
prisons and prisoners.
The 2[Federal
Government] may make rules providing:-
(a) for the
government, management and Regulation of naval prisons and detention barracks ;
1Subs. by the
2Subs. by F.A.O., 1975, Art. 2
and Table, for “Central Government”.
(b) for the
appointment, removal and powers of inspectors, visitors governors and officers
thereof;
(c) for the
labour of prisoners undergoing confinement therein, and for enabling such
prisoners to earn by special industry and good conduct, a remission of a
portion of their sentence ;
(d) for the
safe custody of such prisoners and the maintenance of discipline among them and
the punishment by personal correction, restraint or otherwise, of offences
committed by them ;
(e) for the
application to naval prisons or detention barracks of any of the provisions of
the Prisons Act, 1894 (IX of 1894), relating to the duties of officers of prisons
;
(f) for the
admissions into any prison, at proper times and subject to proper restrictions,
of persons with whom prisoners may desire to communicate, and for the
consultation by prisoners under trial with their legal advisers without the
presence as far as possible of any third party within hearing distance.
151. Restriction of rule-making power in
respect of corporal punishment. Rules
made under section 150 shall not authorise corporal punishment to be inflicted
for any offence, nor render the imprisonment more severe than it is under any
law for the time being in force relating to civil prisons in
152. Procedural defect or error in the order
or warrant.
Confinement of a person undergoing a sentence of imprisonment or detention
under this Ordinance in any place or manner in which he might be confined under
a lawful order or warrant under this Ordinance, shall not be deemed to be
illegal only by reason of any procedural defect or error in or as respects the
order, warrant or other document, or the authority by which, or in pursuance
whereof such person was brought into or is confined in any such place, and any
such order, warrant or document may be amended for rectifying such defect or
error.
CHAPTER XIV.__
PARDONS, REMISSIONS AND SUSPENSION.
153. Pardon and remission. When any person subject to this Ordinance
has been convicted by a naval tribunal of any offence, the 1[Federal
Government], the 2[Chief
of the Naval Staff] or, any officer not below the rank of captain empowered in
this behalf by the 2[Chief
of the Naval Staff] may,
(i) either
without conditions or upon any conditions which the person sentenced accepts,
pardon the person or remit the whole or any part of the punishment awarded, or
(ii)
mitigate the punishment awarded, or commute such punishment for any less
punishment or punishments mentioned in this Ordinance :
Provided that a sentence of imprisonment
shall not be commuted for a sentence of detention for a term exceeding the term
of imprisonment awarded by the Court [:]3
4[Provided further that, if a sentence of hadd has been awarded under an
Islamic law, no order shall be made under this section otherwise than in
accordance with such law].
154. Cancellation of conditional pardon or
remission. If any
condition on which a person has been pardoned or a punishment has been remitted
is, in the opinion of the authority which granted the pardon or remitted the
punishment, not fulfilled, such authority may cancel the pardon or remission,
and thereupon the sentence shall be carried into effect as if such pardon had
not been granted or such punishment had not been remitted :
Provided that in the case of a person
sentenced to imprisonment of detention such person shall undergo only the
un-expired portion of his sentence.
155. Suspension of sentence of imprisonment 5[,
detention or whipping].__(1) Where a person subject to this Ordinance
has been sentenced by a court-martial to imprisonment 5[,
detention or whipping], the 1[Federal
Government] or the 2[Chief
of the Naval Staff] or any officer empowered to convene a general or summary
general court-martial may suspend the sentence whether or not the offender has
already been committed to prison or custody [:]3
4[Provided that, if a sentence of hadd has been awarded under an
Islamic law, no order shall be made under this section except while the
offender is on active service nor otherwise than in accordance with such law.]
1Subs. by F.A.O., 1975, Art. 2
and Table, for “Central Government”.
2Subs. ibid., and Sch., for
“Commander-in-Chief”.
3Subs. by the
4Provisos added ibid.
5Subs. ibid., s. 28 for “or
detention”.
(2) The authority or officer specified in
sub-section (1) may in the case of an offender so sentenced direct that, until
the orders of such authority or officer have been obtained, the offender shall
not be committed to prison or custody.
(3) The powers conferred by sub-sections (1)
and (2) may be exercised in the case of any such sentence which has been
confirmed, mitigated or commuted.
156. Orders pending suspension. A confirming officer or an officer
exercising powers of summary trial may, when a person has been sentenced to
imprisonment or detention, direct that the offender be not committed to prison
or to custody until the orders of the authority or officer specified in section
155 have been obtained.
157. Release on suspension. When a sentence is suspended under section
155, the offender shall, whether he has been committed to prison or to custody
or not, be released forthwith.
158. Computation of period of suspension. Any period during which the sentence is
under suspension shall be reckoned as part of the term of such sentence.
159. Order after suspension. The authority or officer specified in
section 155 may, at any time whilst a sentence is suspended, order-
(a) that
the offender be committed to undergo the un-expired portion of the sentence ;
or
(b) that
the sentence be remitted.
160. Reconsideration of case after
suspension.__(1) Where a sentence has been suspended, the
case may at any time, and shall, at intervals of not more than four months, be
reconsidered by the authority or officer specified in section 155, or by an
officer not below the rank of lieutenant commander duly authorised by the
authority or officer specified in section 155.
(2) Where on such reconsideration by the
officer so authorised it appears to him that the conduct of the offender since
his conviction has been such as to justify a remission of the sentence, he
shall refer the matter to the authority or officer specified in section 155.
161. Fresh sentence after suspension. Where an offender, while a sentence on him
is suspend under this Ordinance, is sentenced for any other offence, then-
(a) if the
further sentence is also suspended under this Ordinance, the two sentences
shall run concurrently ;
(b) if the
further sentence is for a period of three months or more and is not suspended
under this Ordinance, the offender shall also be committed to prison or naval
custody for the unexpired portion of the previous sentence, but both sentences
shall run concurrently ; and
(c) if the
further sentence is for a period of less than three months and is not suspended
under this Ordinance the offender shall be so committed on that sentence only,
and the previous sentence shall, subject to any order which may be passed under
section 159 or section 160, continue to be suspended.
162. Scope of power of suspension. The powers conferred by sections 155 and
159 shall be in addition to, and not in derogation of, the power of mitigation,
remission, and commutation.
163. Effect of suspension and remission on
dismissal.__(1) Where in addition to any other sentence
the punishment of dismissal has been awarded by a court-martial, and such other
sentence is suspended under section 155, then, such dismissal shall not take
effect until so ordered by the authority or officer specified fn that section.
(2) If such other sentence is remitted under
section 159, the punishment of dismissal shall also be remitted.
CHAPTER XV.__PROPERTY
OP DECEASED PERSONS, DESERTERS AND LUNATICS.
164. Property of deceased persons and
deserters other than officers. The
following provisions shall apply to the disposal of the property of every
person subject to this Ordinance, other than an officer, who dies or deserts,
namely :__
(1) The commanding officer of the ship or
naval establishment, to which the deceased person or deserter belonged, shall
secure all the movable property belonging to the deceased or deserter that is
in ship or naval establishment and cause an inventory thereof to be made, and
draw any pay and allowances due to such person.
(2) In the case of a deceased person who has
left in a bank (including any post office saving bank, co-operative bank or
society or any other institution receiving deposits in money, howsoever named)
a deposit not exceeding 1[ten]
thousand rupees, the commanding officer may, if he thinks fit, require the
agent, manager or other proper officer of such bank or other institution to pay
the deposit to him forthwith ; notwithstanding anything in any rules of the
bank or the other institution and when any money has been paid by such bank or
other institution in compliance with such requisition, no person shall have any
claim against the bank or the other institution in respect of such money.
1Subs. by the
(3) In the case of a deceased person whose
representative, widow or next of kin is on the spot and has given security for
the payment of the service or other debts in ship or naval establishment, if
any, of the deceased, the commanding officer may if he thinks fit deliver over
any property, received under clauses (1) and (2) to that representative, widow
or next of kin, as the case may be, and shall not further interfere in relation
to the property of the deceased.
(4) In the case of a deceased person whole
estate is not dealt with under clause (3), and in the case of any deserter, the
commanding officer shall cause the movable property to be sold by public
auction, and may convert into money any cash certificates (including post
office cash certificates, defence savings certificates and national savings
certificates) and shall pay the service and other debts in ship or naval
establishment, if any, from the proceeds of the sale or conversion and from any
pay and allowances drawn under clause (1) and from the amount of the deposit,
if any, received under clause (2).
(5) The surplus, if any, shall in the case
of a deceased person, be paid to his representative, widow or next of kin, if
any, or, in the event of no claim to such surplus being established within
twelve months after the death, then the same shall be remitted to the
prescribed person :
Provided that such remission shall not bar
the claim of any person to such surplus or any part thereof.
(6)
In the case of a deserter, the surplus, it any, shall be
forthwith remitted to the prescribed person and shall, on the expiry of three
years from the date of his desertion, be forfeited to the Government, unless
the deserter shall in the meantime have surrendered or been apprehended.
(7) The decision of the commanding officer
as to what are the service and other debts in ship or naval establishment of a
deceased person or a deserter and as to the amount payable therefore shall be
final.
165. Disposal of certain property without
production of probate, ete. (other than officers). Property deliverable and money payable to
the representative, widow or next of kin, of a deceased person under section
164 may, if the total value or amount thereof does not exceed one thousand
rupees, and if the prescribed person thinks fit, be delivered or paid to any
person appearing to him to be entitled to receive it or to administer the
estate of the deceased, without requiring the production of any probate,
letters of administration, certificate or other such conclusive evidence of
title; and such delivery or payment shall be a full discharge to those ordering
or making the same and to the Government from all further liability in respect
of the property or money ; but nothing in this section shall affect the rights
of any executor or administrator or other representative, or of any creditor of
a deceased person against any person to whom such delivery or payment has been
made 1[
: ]
1[Provided that when the deceased was
attached to, or formed part of, a force which was not an active service, the
prescribed person shall obtain from the representative, widow or next of kin to
whom the aforesaid amount is paid, and undertaking to the effect that the
amount left after payment of debts, if any, shall be distributed amongst the
legal heirs of the deceased.].
166. Application of sections 164 and 165 to
lunatics, etc. The
provisions of sections 164 and 165 shall, so far as they can be made
applicable, apply in the case of a person subject to this Ordinance (not being
an officer) who notwithstanding anything contained in the Lunacy Act, 1912 (IV
of 1912), is ascertained in the prescribed manner to be insane, or, who being
on active service, is officially reported missing, as if he had died on the day
on which his insanity is so ascertained, or as the case may be, on the day on
which he is officially reported missing:
Provided that in the case of a person so
reported missing, no action shall be taken under clauses (2) to (5) of section
164 until such time as he is officially presumed to be dead.
167. Property of officers who die or desert. The provisions of sections 168 to 173 shall
apply to the disposal of the property of officers subject to this Ordinance who
die or desert.
168. Powers of Committee of Adjustment.__(1) On the death or desertion of an officer,
a Committee of Adjustment appointed in this behalf in the manner prescribed
(hereinafter referred to as the Committee) shall, as soon as may be, subject to
rules__
(a) secure
all the movable property belonging to the deceased or deserter that is in ship
or naval establishment and cause an inventory thereof to be made, and
ascertained draw the pay and allowances, if any, due to him ; and
1Subs. added by Act 29 of 1992,
s.4.
(b)
ascertain the amount, and provide for.-the payment, of the service and other
debts in ship or naval establishment if any, of the deceased or deserter.
(2) In the case of a deceased officer whose
representative, widow or next of kin has given security to the satisfaction of
the Committee for the payment of the service and other debts in ship or naval
establishment, if any, of the deceased, the Committee shall deliver any
property received by it under sub-section (1) to that representative, widow or
next of kin, as the case may be, and shall not further interfere in relation to
the property of the deceased.
(3) In the case of a deceased officer the
Committee, save as may be prescribed shall, if it appears to it necessary for
the payment of service and other debts in ship or naval establishment and the
expenses, if any, incurred by the Committee, and may, in any other case,
collect all moneys left by the deceased in any bank (including any post office
savings bank, co-operative bank or society or any other institution receiving
deposits in money, however named) and for that purpose may require the agent,
manager or other proper officer of such bank, society or other institution to
pay the moneys to Committee forthwith, and such agent, manager or other officer
shall comply with the requisition notwithstanding anything in any rules of the
bank or other institution ; and when any money has been paid by a bank or other
institution in compliance with the requisition under this sub-section, no
person shall have a claim against the bank or other institution in respect of
such money.
(4) In the case of a deceased officer whose
estate has not been dealt with under sub-section (2) and in the case of a
deserter the Committee subject to rules, shall, for the purpose of paying the
service and other debts in ship or naval establishment, and may, in any other
case, sell or convert into money the movable property of the deceased or
deserter.
(5) The Committee shall, out of the moneys
referred to in sub-section (3) and (4), pay the service and other debts in ship
or naval establishment if any, of the deceased or deserter and in the case of a
deceased, also the expenses of his last illness.
(6) In the case of a deceased officer, the
surplus, if any, shall be remitted to the prescribed person.
(7) In the case of an officer who is a
deserter, the surplus, if any, shall be forthwith remitted to the prescribed
person and shall, on the expiry of three years from the date of his desertion,
be forfeited to Government unless the deserter shall in the meantime have
surrendered or been apprehended:
Provided that the prescribed person may pay
the whole or such part the surplus as he may deem proper to the wife or
children or other dependant of the officer.
(8) If in any case a doubt or difference
arises as to what are the service and other debts in ship or naval
establishment of a deceased officer or deserter or as to the amount payable
therefor, the decision of the prescribed person shall be final and shall be
binding on all persons for all purposes.
(9) For the purposes of the exercise of its
duties under this section, the Committee shall, to the exclusion of all
authorities and persons whomsoever have the same rights and powers as if it had
taken out representation to the deceased ; and any receipt given by the
Committee shall have effect accordingly.
169. Disposal of surplus by the prescribed
person. On receipt of
the surplus referred to in sub-section (6) of section 168 the prescribed person
shall proceed as follows:---
(1) If he knows of a representative, widow or
next of kin of the deceased he shall pay the surplus to that representative,
widow or next of kin.
(2) If he does not know of any such
representative, widow or next of kin, he shall publish every year a notice in
the prescribed form and manner for six consecutive years and if no claim to the
surplus is made by a representative, widow or next of kin, of the deceased
within six months after the publication of the last of such notices, the
prescribed person shall deposit the surplus together with any income or
accumulation of income accrued there from to the credit of the 1[Federal
Government] :
Provided that such deposit shall not bar the
claim of any person to such surplus or any part thereof [:]2
2[Provided further that when the deceased
officer was attached to, or formed part of, a force which was not on active
service, the prescribed person shall obtain from the representative, widow or
next of kin to whom the surplus amount is paid an undertaking to the effect
that the amount left after payment of debts, if any, shall be distributed
amongst the legal heirs of the deceased.].
170. Disposal of certain property without
production of probate, etc. Property
deliverable and money payable to the representative, widow or next of kin of a
deceased officer under section 168 or section 169 may, if the total amount of
value thereof does not exceed five thousand rupees, and, if the prescribed
person thinks fit, be delivered or paid to any person appearing to him to be
entitled to receive it or to administer the estate of the deceased, without
requiring the production of any probate, letters of administration, succession
certificate or other such conclusive evidence of title.
1Subs. by F.A.O., 1975, Art. 2
and Table, for “Central Government”.
2Subs. added by Act 29 of 1992,
s.5.
171. Discharge of Committee, prescribed
person and the Government.
Any payment of money or delivery, application, sale or other disposition of any
property or money made, or purported to be made by the Committee or the
prescribed person in good faith in pursuance of section 168, section 169 or
section 170 shall be valid and shall be a full discharge to the Committee or
the prescribed person, as the case may be, and to Government from all further
liability in respect of that money or property ; but nothing therein contained
shall affect the right of any executor or administration or other
representative, or of any creditor of the deceased officer against any person
to whom such payment or delivery has been made.
172. Property in the hands of the Committee
or the prescribed person not to be assets at the place where the Committee or the
prescribed person is stationed. Any
property coming under section 168 into the hands of the Committee or the
prescribed person shall not, by reason of so coming, be deemed to be assets or
effects at the place in which that Committee or the prescribed person is
stationed and it shall not be necessary by reason thereof that representation
be taken out in respect of that property for that place.
173. Saving of rights of representative. After the Committee has deposited with the
prescribed person the surplus of the property of any deceased officer under
sub-section (6) of section 168, any representative of the deceased shall, as
regards any property of the deceased not collected by the Committee and not
forming part of the aforesaid surplus, have the same rights and duties as if
section 168 had not been enacted.
174. Application of sections 168 to 173 to
lunatics, etc. The
provisions of sections 168 to 173 shall, so far as they can be made applicable,
apply in the case of an officer who, notwithstanding anything contained in the
Lunacy Act, 1912 (IV of 1912), is ascertained in the prescribed manner to be
insane, or, who, being on active service, is officially reported missing as if
he had died on the day on which his insanity is so ascertained or, as the case
may be, on the day on which he is officially reported missing
Provided that in the case of an officer so
reported missing no action shall be taken under sub-sections (2) to (5) of
section 168 until such time as he is officially presumed to be dead.
175.
Appointment of Standing Committee of Adjustment when officers die or desert
while on active service.
When an officer dies or deserts while on active service, the references in the
foregoing provisions of this Chapter to the Committee shall be construed as
references to the Standing Committee of Adjustment, if any, appointed in this
behalf in the manner prescribed.
176.
Interpretations. For
the purposes of this Chapter__
(1) a
person shall be deemed to be a deserter if he without authority has been absent
from duty for a period of thirty days and has not subsequently surrendered or
been apprehended ;
(2) the
expression “service and other debts in ship or naval establishment” includes
money due as naval debts, namely, sums due in respect of, or any advance in
respect of__
(a)
quarters ;
(b) mess,
band, and other service accounts ; and
(c) naval
clothing, appointments and equipments, not exceeding a sum equal to three
months' pay of the deceased, and having become due within eighteen months
before his death ;
(3)
“representation” includes probate and letters of administration with or without
the will annexed, and a succession certificate, constituting a person the
executor or administrator of the estate of a deceased person or authorising him
to receive or realize the assets of a deceased person ;
(4)
“representative” means any person who has taken out representation.
_________
CHAPTER XVI.__RULES
177.
Power to make rules.__(1)
The 1[Federal
Government] may make rules for the purpose of carrying into effect the
provisions of this Ordinance.
(2) Without
prejudice to the generality of the power conferred by sub-section (1), such
rules may provide for,__
(a) the
retirement, release, discharge, removal or dismissal from the service of
persons subject to this Ordinance ;
1Subs. by F.A.O., 1975, Art. 2
and Table, for “Central Government”.
(b) the
procedure to be observed during investigation, arrest, custody and summary
trial, and powers of punishment of commanding officers and other authorities at
such trials and delegation of such powers ;
(c) the
assembly and procedure of boards of inquiry, the recording of summaries of
evidence and the administration of oaths and affirmations at such proceedings;
(d) the
convening and constitution of courts-martial 1[and
court of appeals] ;
(e) the
adjournment, dissolution and sittings of courts-martial 1[and
court of appeals] ;
(f) the
procedure to be observed in trials by courts-martial 1[and
court of appeals] and the appearing of legal practitioners thereat ;
(g) the
confirmation, revision and annulment of, and petitions against, the findings
and sentences of courts-martial ;
(h) the
carrying into effect of sentences of courts-martial 1[and
court of appeals];
(i) the
forms of orders to be made under the provisions of this Ordinance relating to
courts-martial 1[and
court of appeals] and sentences of 2[stoning
to death, death, amputation of hand, foot or both, imprisonment, whipping] or
detention ;
(j) the
constitution of authorities to decide for what persons, to what amounts and in
what manner provision should be made for dependants of prisoners of war or
missing persons under section 88 and the due carrying out of such decisions ;
(k) the
relative rank of and powers of command to be exercised by officers, junior
commissioned officers, warrant officers, petty officers and noncommissioned
officers of the Pakistan Army, the Pakistan Navy and the Pakistan Air Force,
when acting together ;
(l)
deductions on account of public and service debts from the pay and allowances
of persons subject to this Ordinance ; and
(m) any
other matter directed by this Ordinance to be prescribed.
(3) All rules made under this Ordinance
shall be published in the official Gazette and, on such publication, shall have
effect as if enacted in this Ordinance.
1Ins. by the
2Subs. ibid., “death,
imprisonment”.
178.
Power to make regulations.__(1) The 1[Federal
Government] may make regulations for the governance, command, discipline,
recruitment, conditions of service and regulation of the naval forces and
generally for all or any of the purposes of this Ordinance, other than those
specified in section 177.
(2) Without prejudice to the generality of
the power conferred by sub-section (1), such regulations may provide for :__
(a) the
rank, precedence, powers of command and authority of officers 2[,
chief petty officers and sailors] ;
(b) the
terms and conditions of service, the pay, pensions, allowances and other
benefits of officers and ratings ;
(c) the
ceremonials to be observed and the marks of respect to be paid in the service ;
and
(d) any
other matter which is directed by this Ordinance or the rules, to be specified
by regulations.
3* * * * * * *
(2) Officers and ratings of the Pakistan
Navy, including the Pakistan Naval Reserve Forces, at the commencement of this
Ordinance shall be deemed to have been appointed or enrolled respectively as
such under this Ordinance.
[Chapter XVII.__Transitory
Provisions.] Omitted by the Federal Laws (Revision and Declaration) Ordinance,
1981 (XXVII of 1981), s. 3 and Sch., II.
4[CHAPTER XVIII__
SUPPLEMENTAL PROVISIONS\
182. Crews of ships lost or destroyed. When any one of the naval ships or naval
vessels is wrecked, lost or destroyed, or taken by the enemy, such ship or
vessel shall, for the purposes of this Ordinance, be deemed to remain in
commission until her crew is regularly removed into some other naval ships or
naval vessels, or until a general court-martial has been held, pursuant to the
cause of the wreck, loss, destruction or capture of the said ship or vessel.
183. All the officers and crew of lost ship
may be tried by one court.
When no specific charges are made against any officer or chief petty officer or
sailor or other person in the fleet for or in respect or in consequence of any
wreck, loss, destruction or capture by the enemy of any naval ship or naval
vessel, it shall be lawful to try all the officers and crew, or all the
surviving officers and crew of any such ship or vessel together before one and
the same court, and to call upon all or any of them to give evidence on oath or
affirmation before the
1Subs. by F.A.O., 1975, Art. 2
and Table, for “Central Government”.
2Subs. by the
3Subs-section (1) rep. by the
the Repealing and Amending Ordinance, 1965 (10 of 1965), s. 2 and 1st Sch.
4Chapter XVIII added by Ord. 55
of 1980, s. 26.
court
touching any of the matters then under inquiry, but no officer or chief petty
officer or sailor or other person shall be obliged to give any evidence which
may tend to criminate himself :
Provided that, if the Federal Government or
the Chief of the Naval Staff or any officer authorized to convene court-martial
considers necessary, it or he may convene separate courts-martial for the trial
of one or more such officers and crew.
184. For subsequent offence separate court. For any offence or offence committed by any
officer or chief petty officer or sailor, or officers and chief petty officer
and sailors after the wreck, loss, destruction or capture of any naval ship or
naval vessel, a separate court-martial shall be held for the trial of such
offender or offenders.
185. Pay of crews of ships lost or taken. When any naval ship or naval vessel is
wrecked, lost or otherwise destroyed, or taken by the enemy, if it appears from
the sentence of a court-martial that the crew of such ship or vessel did, in
the case of ship or vessel wrecked or lost, their utmost to save he or get her
off, and in the case of such ship or vessel taken by the enemy did their utmost
to defend themselves, and that they have, since the wreck, destruction, loss or
capture of such ship or vessel, behaved themselves well, and been obedient to
their officers, then all the pay of such crews, or of such portions of such
crews as have behaved themselves well and been obedient to their officers,
shall be continued until the time of their being discharged or removed into
other naval ship or naval vessel, or of their death.
186. When ship of senior officer is lost he
may dispose of officers and crew of lost ships. If the naval ship of any officer ordered to
command any two or more of naval ships is wrecked, lost or otherwise destroyed,
such officer shall continue in the command of any ship or ships which at the
time of his ship being wrecked, lost or destroyed was or were under his
command, and it shall be lawful for such officer to order the surviving
officers and crew of the wrecked, lost or destroyed ship to join any other ship
under his command, or to distribute them among the other ships under his
command, if more than one, and such officer shall, until he meets-with some
other officer senior to himself, have the same power and authority in all
respects as if his ship had not been wrecked, lost or destroyed.]
[The Schedule.] Rep. by the Repealing and Amending Ordinance,
1965 (X of 1965), s. 2 and 1st Sch.
Go to Index
| LL. B. – I | LL. B. – II
| LL. B. – III | LL. B.
Directory | Home