Section 6 of The Navy Act, 1957
Provision respecting discipline of persons under engagement to serve Central Government.
- (1)If any person not otherwise subject to naval law enters into an engagement with the Central Government to serve,--
- (a)in a particular ship; or
- (b)in such particular ship or in such ships as the Central Government, the Chief of the Naval Staff, or the prescribed officer may, from time to time, determine; and agrees to become subject to naval law upon entering into the engagement, that person shall, so long as the engagement remains in force and notwithstanding that for the time being he may not be serving in any ship, be subject to naval law.
- (2)The Central Government may, by order, direct that, subject to such exceptions as may in particular cases be made by or on behalf of the Chief of the Naval Staff, persons of any such class as may be specified in the order shall, while being subject to naval law by virtue of this section, be deemed to be officers, petty officers or other 1[sailors], as the case may be, for the purposes of this Act or of such provisions of this Act as may be so specified.
Summary
- This provision outlines how civilians can voluntarily place themselves under military discipline.
- It applies to any person who signs an engagement with the Central Government to serve on a specific ship or ships.
- It binds the individual to the military rules for the entire duration of their engagement, even when they are not physically on a ship.
- It allows the Central Government to issue orders classifying these engaged individuals as officers, petty officers, or sailors for legal purposes.
- It permits the Chief of the Naval Staff to make specific exceptions to how these individuals are classified.
Practical examples
FAQ
1. Who is covered by Section 6 of The Navy Act, 1957?
Section 6 of The Navy Act, 1957 covers persons who are not normally subject to naval law but enter into a specific engagement with the Central Government to serve on naval ships.
2. Does a civilian under Section 6 of the naval rules escape discipline when they step off the ship?
No, under Section 6 of The Navy Act, 1957, the person remains subject to naval law as long as the engagement remains in force, regardless of whether they are serving on a ship at that moment.
3. Can a civilian contractor be treated as an officer under Section 6 of The Navy Act, 1957?
Yes, Section 6 of The Navy Act, 1957 allows the Central Government to direct that such persons be deemed officers, petty officers, or sailors while subject to the law.
4. Who decides which ship the engaged person will serve on under Section 6 of the Act?
According to Section 6 of The Navy Act, 1957, the ship can be a particular one agreed upon, or ships determined by the Central Government, the Chief of the Naval Staff, or a prescribed officer.
Test yourself
1.Under Section 6 of The Navy Act, 1957, what happens if an engaged civilian is waiting on land for their ship assignment?
2.According to Section 6 of The Navy Act, 1957, who holds the authority to make exceptions when deeming a civilian as an officer or sailor?
3.Under Section 6 of The Navy Act, 1957, what must the civilian explicitly agree to when entering the engagement?
4.Based on both Section 2 and Section 6 of The Navy Act, 1957, how is the legal status of an engaged civilian categorized within the broader law?