Section 28 of The Navy Act, 1957
The following deductions may be made from the pay and allowances of an officer without recourse to trial by a naval tribunal, namely:--
- (1)all pay and allowances for everyday of absence without leave unless an explanation is given to the satisfaction of the commanding officer for such absence and approved by the Chief of the Naval Staff: Provided that the officer is not dealt with by a naval tribunal for the said absence;
- (2)all pay and allowances for everyday 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 competent naval tribunal or Criminal Court and sentenced to imprisonment;
- (3)all pay and allowances for everyday 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 Act: Provided that such certificate is accepted by the Chief of the Naval Staff;
- (4)any sum required to make good the pay and allowances of any person subject to naval law which he has unlawfully retained or refused to pay;
- (5)any sum required to make good any loss, damage or destruction of Government property or property belonging to a naval mess, band or institution which after due investigation appears to the Central Government, the 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;
- (6)any sum required to be paid for the maintenance of his wife or legitimate or illegitimate children under the provisions of section 31;
- (7)any sum which after due investigation appears to the prescribed officer to be due to a service mess or canteen.
Summary
- Section 28 of The Navy Act, 1957 lists the specific reasons an officer's pay and allowances can be deducted without needing a formal trial by a naval tribunal.
- Officers can lose pay for unauthorised absences, being in custody for a crime they are later convicted of, or hospital stays caused by committing a punishable offence.
- Pay can also be deducted to cover financial damages, such as lost government property, unpaid mess canteen bills, or family maintenance required under Section 31.
Practical examples
FAQ
1. Can an officer's pay be cut for missing duty under Section 28 of The Navy Act, 1957?
Yes, under Section 28 of the 1957 defence law, an officer's pay can be deducted for everyday of absence without leave, unless they give a satisfactory explanation to their commanding officer that is also approved by the Chief of the Naval Staff.
2. Under Section 28 of The Navy Act, 1957, what happens if an officer refuses to pay their tab at the service canteen?
According to Section 28 of the military statute, a prescribed officer can investigate the canteen debt, and the owed sum can be deducted directly from the officer's pay and allowances without a tribunal.
3. Does an officer lose pay while waiting in custody for a trial according to Section 28 of The Navy Act, 1957?
Under Section 28 of the Act, pay is deducted for time spent in civil or naval custody, but only if the officer is afterwards convicted of the charge by a competent tribunal or Criminal Court and sentenced to imprisonment.
Test yourself
Q1.Under Section 28 of The Navy Act, 1957, who must approve an officer's explanation for being absent without leave to prevent a pay deduction?
Q2.How do Section 28 and Section 31 of The Navy Act, 1957 work together regarding an officer's family?
Q3.According to Section 28 of The Navy Act, 1957, under what condition is an officer's pay deducted for time spent in a hospital?
Q4.Under Section 28 of The Navy Act, 1957, which of the following financial losses can be recovered directly from an officer's pay?