Section 91 of The Army Act, 1950
Deductions from pay and allowances of persons other than officers.
Subject to the provisions of section 94 the following penal deductions may be made from the pay and allowances of a person subject to this Act other than an officer, that is to say,--
- (a)all pay and allowances for every day of absence either on desertion or without leave, or as a prisoner of war, and for every day of transportation or imprisonment awarded by a criminal court, a court-martial or an officer exercising authority under section 80, 1***;
- (b)all pay and allowances for every day while he is in custody on a charge for an offence of which he is afterwards convicted by a criminal court or a court-martial, or on a charge of absence without leave for which he is afterwards awarded imprisonment 2*** by an officer exercising authority under section 80;
- (c)all pay and allowances for every day on which he is in hospital on account of sickness certified by the medical officer attending on him to have been caused by an offence under this Act committed by him;
- (d)for every day on which he is in hospital on account of sickness certified by the medical officer attending on him to have been caused by his own misconduct or imprudence, such sum as may be specified by order of the Central Government or such officer as may be specified by that Government;
- (e)all pay and allowances ordered by a court-martial or by an officer exercising authority under any of the sections 80, 83, 84 and 85, to be forfeited or stopped;
- (f)all pay and allowances for every day between his being recovered from the enemy and his dismissal from the service in consequence of his conduct when being taken prisoner by, or while in the hands of, the enemy;
- (g)any sum required to make good such compensation for any expenses, loss, damage or destruction caused by him to the Central Government or to any building or property as may be awarded by his commanding officer;
- (h)any sum required to, pay a fine awarded by a criminal court, a court-martial exercising jurisdiction under section 69, or an officer exercising authority under any of the sections 80 and 89;
- (i)any sum required by order of the Central Government or any prescribed officer to be paid for the maintenance of his wife or his legitimate or illegitimate child or towards the cost of any relief given by the said Government to the said wife or child.
Summary
- Section 91 details the penal deductions, which are mandatory pay cuts as punishment, applicable to enlisted soldiers and other personnel who are not officers.
- Personnel lose pay for days of unauthorized absence, desertion, imprisonment by courts, or time spent as a prisoner of war.
- Pay can be deducted for time spent in custody, or in the hospital due to sickness certified to be caused by an offence or their own misconduct.
- Deductions are authorized to satisfy fines, cover property damage, or pay for the maintenance, meaning living expenses, of a wife or child.
Practical examples
FAQ
1. Can a soldier's pay be deducted for days spent in a military hospital under Section 91 of The Army Act, 1950?
Under Section 91 of The Army Act, 1950, deductions from pay can be made if a medical officer certifies that the soldier's hospital stay was caused by an offence they committed, or by their own misconduct or imprudence.
2. Does a soldier lose pay for days spent in custody before conviction under Section 91 of the Army Act, 1950?
Under Section 91 of the Army Act, 1950, pay and allowances for days in custody are only deducted if the soldier is afterwards convicted by a criminal court or court-martial, or is awarded imprisonment for absence without leave.
3. Who can award deductions for property damage under Section 91 of the Army Act, 1950?
Under Section 91 of the Army Act, 1950, the soldier's commanding officer has the authority to award deductions from pay to make good any loss, damage, or destruction caused to buildings or property.
4. Can a soldier's pay be deducted under Section 91 of the Army Act, 1950 to pay a fine imposed under Section 89?
Yes, under Section 91 of the Army Act, 1950, pay may be deducted to cover any fine awarded by an officer exercising authority under Section 89 of the Act.
Test yourself
1.Under Section 91 of The Army Act, 1950, which of the following scenarios allows for a penal deduction from an enlisted soldier's pay during a hospital stay?
2.Under Section 91 and Section 93 of The Army Act, 1950, what happens to a soldier's pay while they are in custody awaiting trial on a theft charge?
3.Under Section 91 and Section 92 of The Army Act, 1950, if a soldier is absent without leave for exactly five consecutive hours and this does not affect any duty, how much pay is deducted?
4.Under Section 91 of The Army Act, 1950, who has the authority to award a penal deduction for property damage against a soldier who is not an officer?