Navy Act- 1957

About Navy Act- 1957

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The Navy Act, 1957 (Act No. 62 OF 1957) dated 27th December, 1957, being the Act of Parliament was assented by President of India on 18th November, 2008. The Act was enacted with the object and motive to consolidate and amend the law relating to the Government of the Indian Navy. As to the extension of this Act, the Act was seen extended to Goa, Daman and Diu with certain modification by 1962 and in Pondicherry by 1963, similarly it was came into force in Dadra and Nagar Haveli by 1963.

The first Chapter of the Act deals with preliminary provisions explaining short title as “Navy Act, 1957” and also its commencement, under Section 1 thereof. The Section 2 of the Act enlisted the number of persons who should be subjected to the provisions of this Act. This include the belongings of Navy under its service, the belongings of the Indian Naval Reserve Forces, the members the regular Army and the Air Force when they embarked on board any ship or aircraft of Navy, etc. However, sub section (2) of this provision provides for the person who should be deemed as subjected to naval laws, which includes persons who are ordered to be received or who are passenger on board any ship or aircraft of Navy and all person who are being sentenced under the provisions of this Act. Moreover, the Section 3 of the Act defines various terminologies used for the purpose of explaining provisions under the Act.

Section 4 of the Act is important so far as it concerned with applicability of Fundamental Rights covered under Part III of the Constitution of India, to the persons being subjected under this Act. However, such rights should be made applicable to such persons with certain restrictions as given under this Act.

The Second Chapter of the Act under Section 5 thereof, empowers the Central Government to raise and maintain regular, reserve and auxiliary naval forces.

The another important chapter i.e. Chapter III relates with special provisions relating to discipline in certain cases, wherein Section 6 of the Act specifies provisions in respect of discipline of persons under engagement to serve Central Government, who were not subject to the naval law. Further, whenever, the members of regular Army and Air Force or others serving with members of Navy then they should be subjected to such discipline as per section 7 of the Act, however, the powers of punishment should not be exercised by them. Similarly, section 8 of the Act makes provisions in respect of discipline of master of merchant vessel under convey.

Chapter IV deals with other significant provisions relating to commissions, appointment and enrolments wherein, Section 9 provides that the persons who are Indian Citizen are eligible for appointment or enrolment in Indian Navy or the Indian Naval Reserve Forces, however, it is possible with the consent of Central Government. Even Women are also eligible to be appointed or enrolled in the department, branch or other body being part of Indian Navy or the Indian Naval Reserve Forces. Further, Section 10 of the Act empowers the Commission granted by the President, to appoint the Officers other than subordinate officers. Such grant of Commission by the President should be notified in the Official Gazette for proof thereof. Section 11 of the Act makes provisions as to enrolment of persons as sailors in the prescribed way for not exceeding 20 years. And section 12 deals with Validity of enrolment and Section 13 provides for oath of allegiance of such Sailors. And the Chapter V of the Act describes the conditions of service of such Officers and Sailors, wherein liability for their service, tenure of their service, entitlement of discharged of sailor.