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  "title": "Pakistan Navy Ordinance, 1961",
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  "text": "Page 1 of 71 \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n          THE PAKISTAN NAVY ORDINANCE, 1961 \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\nCONTENTS \r\n \r\n \r\n \r\n \r\n1. Short title and commencement \r\n2. Persons subject to this Ordinance \r\n3. Secondment to Army or Air Force \r\n4. Definitions \r\nCHAPTER I \r\nPRELIMINARY \r\n4A. Facilities for the performance of religious duties \r\n \r\nCHAPTER II. \r\nSPECIAL PROVISIONS FOR THE APPLICATION OF THIS ORDINANCE \r\nIN CERTAIN CASES \r\n5. Application of this Ordinance to certain forces under the Federal Government \r\n6. Special provision as to rank and command in certain cases \r\n7. Officers exercising powers in certain cases \r\n8. Exercise of powers vested in holder of naval office \r\n9. Power to declare persons to be on active service \r\n \r\nCHAPTER III. \r\nAPPOINTMENT, COMMISSION AND ENROLMENT \r\n10. Eligibility for employment \r\n11. Appointment and commission \r\n12. Enrolment and junior commission \r\n13. Validity of enrolment \r\n14. Attestation \r\n\r\nPage 2 of 71 \r\n \r\nCHAPTER IIIA \r\nAPPOINTMENT OF THE CHIEF OF THE NAVAL STAFF \r\n \r\n14A. Appointment of the Chief of the Naval Staff \r\n14B. Reappointment or extension of the Chief of the Naval Staff  \r\n14C. Retirement age, service limits and removal of the Chief of the Naval Staff  \r\n14D.  Omitted \r\n14E. Omitted \r\n 14F.  Omitted \r\n \r\n \r\n \r\n15. Tenure of service \r\n16. Liability for service \r\n17. Termination of service \r\nCHAPTER IV. \r\nCONDITIONS OF SERVICE \r\n18. Release on expiry of period of engagement \r\n19. Discharge or dismissal when out of Pakistan \r\n20. Certificate on termination of service \r\n21. Power to modify certain fundamental rights in their application to persons subject to this \r\nOrdinance \r\nCHAPTER V. \r\nSERVICE PRIVILEGES \r\n22. Authorised deductions only to be made from pay \r\n23. Remedy of aggrieved persons \r\n24. Immunity from attachment \r\n25. Immunity from arrest for debt \r\n26. Immunity of persons attending courts-martial or court of appeals from arrest \r\n27. Priority in respect of naval personnel's litigation \r\n28. Saving of rights and privileges under other laws \r\n \r\nCHAPTER VI. \r\nOFFENCES \r\n(i) Misconduct in Action and Assistance to Enemy \r\n29. Misconduct in action by persons in command \r\n30. Misconduct in action by other officers and men \r\nPage 3 of 71 \r\n \r\n31. Obstruction of operations \r\n32. Corresponding with, supplying or serving with the enemy \r\n(ii) Neglect of Duty \r\n33. Sleeping on watch or abandoning post \r\n34. Neglect of duty \r\n \r\n \r\n35. Definition of mutiny \r\n36. Offences of mutiny \r\n37. Failure to suppress mutiny \r\n38. Attempt to stir up disturbance \r\n(iii) Mutiny \r\n \r\n \r\n \r\n \r\n \r\n \r\n(iv) Insubordination \r\n39. Using criminal force to superior officer \r\n40. Disobedience \r\n41. Insubordinate behavior \r\n42. Violation of this Ordinance, rules, regulations and orders \r\n43. Fighting and quarreling \r\n44. Obstruction of provost officers \r\n(v) Desertion and Absence without Leave \r\n45. Definition of desertion \r\n46. Desertion \r\n47. Absence without leave \r\n48. Failure to report deserters and absentees \r\n(vi) Navigation and Flying Offences \r\n49. Loss or hazarding of ship or aircraft \r\n50. Dangerous flying \r\n51. Low flying \r\n52. Annoyance by flying \r\n(vii) Prize Offences \r\n53. Prize offences by commanding officers \r\n54. Other prize offences \r\n(viii) Other Offences in respect of Ships and Aircraft \r\n55. Inaccurate certification \r\n56. Improper carriage of goods \r\nPage 4 of 71 \r\n \r\n(ix) Malingering and Intoxication \r\n57. Malingering \r\n58. Definition of intoxication \r\n59. Offences of intoxication \r\n(x) Offences in respect of Naval Custody \r\n60. Irregularity in connection with custody \r\n61. Escape from custody \r\n62. Permitting escape of person in custody \r\n(xi) Offences relating to Property \r\n63. Theft and dishonest misappropriation, etc. \r\n64. Making away with equipment, etc. \r\n65. Loss and waste of Government and service property \r\n(xii) Miscellaneous Offences \r\n66. Unauthorised disclosure of information \r\n67. Falsification of documents \r\n68. Signing in blank and failure to report \r\n69. False answers on enrolment \r\n70. Unbecoming conduct by officers \r\n71. Disgraceful conduct \r\n72. False accusation \r\n73. Offences in relation to courts-martial or court of appeals \r\n74. False evidence \r\n75. Conduct to the prejudice of naval discipline \r\n(xiii) Attempts and Abetments \r\n76. Attempts to commit naval offence \r\n77. Abetment of offences \r\n \r\n \r\n(xiv) Civil Offences \r\n78. Civil offences triable by naval tribunal \r\n79. Civil offences triable by naval tribunal under special circumstances \r\n \r\n \r\n \r\n80. Scale of punishments \r\nCHAPTER VII. \r\nPUNISHMENTS \r\nPage 5 of 71 \r\n \r\n81. Provision as to award of punishment \r\nCHAPTER VIII. \r\nPENAL DEDUCTIONS \r\n82. Deductions from pay and allowances of officers ,chief petty officers and sailors \r\n83. Limit of certain deductions \r\n84. Pay and allowances during trial \r\n85. Deduction from money due to a person \r\n86. Pay and allowances of prisoner of war during inquiry into his conduct \r\n87. Remission of deductions \r\n88. Provision for dependants of prisoner of war from his pay and allowances \r\nCHAPTER IX. \r\nARREST AND PROCEEDINGS BEFORE TRIAL \r\n89. Duty to bring offenders to justice and powers of arrest \r\n90. Provision for avoiding delay after arrest \r\n91. Duty to receive or keep in custody \r\n92. Procedure before trial \r\n93. Arrest under warrants of naval authorities \r\n94. Provost-marshals \r\nCHAPTER X. \r\nAUTHORITIES HAVING POWER TO AWARD PUNISHMENT \r\n95. Naval tribunal \r\n96. General court-martial \r\n97. District court-martial \r\n98. Summary general court-martial \r\n99. Composition of courts-martial \r\n99A. Members of court-martial and presiding officer of court of appeals to be Muslims \r\n100. Judge Advocate \r\n101. Quorum and dissolution of courts-martial \r\n102. Powers of commanding officers in respect of summary trial \r\n103. Powers of other authorities in respect of summary trial \r\n104. Place of trial \r\n105. Period of limitation for trial \r\n106. Liability of offender who ceases to be subject to this Ordinance \r\n107. Concurrent jurisdiction of naval tribunal and criminal court \r\n108. Prohibition of second trial \r\nPage 6 of 71 \r\n \r\n \r\n \r\n109. Objections \r\nCHAPTER XI. \r\nPROCEDURE OF COURTS-MARTIAL \r\n110. Administration of oath \r\n111. Voting by members \r\n112. Power to convict of mitigated offence \r\n113. Power to convict of alternative offence \r\n114. General rules as to evidence \r\n115. Judicial notice \r\n116. Summoning of witnesses \r\n117. Commission for the examination of witnesses \r\n118. Presumption as to signature \r\n119. Enrolment paper \r\n120. Presumption as to certain documents \r\n121. Reference by accused to Government officer \r\n122. Evidence of previous convictions and general character \r\n123. Lunacy of accused \r\n124. Subsequent fitness of lunatic accused for trial \r\n125. Transmission to Federal Government of orders under section 124 \r\n126. Release of lunatic accused \r\n127. Delivery of lunatic accused to relatives \r\n128. Order for custody and disposal of property pending trial \r\n129. Order for disposal of property regarding which offence is committed \r\n \r\nCHAPTER XII. \r\nCONFIRMATION, REVISION AND REVIEW \r\n130. Confirmation of finding and sentence \r\n131. Power of confirming authority \r\n131A. Sentence requiring confirmation by court of appeals \r\n132. Power of confirming authority to mitigate, remit or commute sentences \r\n133. Power of confirming authority to return the finding and sentence to the court for revision \r\n134. Remedy against an order of court-martial before confirmation of finding or sentence \r\n135. Review by the Federal Government or the Chief of the Naval Staff of finding and sentence \r\n136. Remedy of aggrieved persons, on being convicted by a court-martial \r\n137. Power to quash or alter findings \r\nPage 7 of 71 \r\n \r\n138. Power to remit or alter sentences \r\n138A. Court of appeals \r\n139. Saving of functions of Judge Advocate-General \r\n140. Bar of Appeals \r\nCHAPTER XIII. \r\nEXECUTION OF SENTENCES \r\n141. Form of sentence of stoning to death and death \r\n142. Commencement of sentence of imprisonment or detention \r\n143. Execution of sentence of imprisonment \r\n143A. Form of sentence of amputation of hand, foot or both or whipping \r\n144. Execution of sentence of detention \r\n144A. Execution of sentence of fine \r\n145. Interim custody of persons under sentence of stoning to death or death, imprisonment or \r\ndetention \r\n146. Authority for committal and transfer of prisoners \r\n147. Conveying of prisoners from place to place \r\n148. Communication of certain orders to prison officers \r\n149. Establishment and regulation of naval prisons or detention barracks \r\n150. Power to make rules in respect of prisons and prisoners \r\n151. Restriction of rule making power in respect of corporal punishment \r\n152. Procedural defect or error in the order or warrant \r\nCHAPTER XIV \r\nPARDONS, REMISSIONS AND SUSPENSION \r\n153. Pardon and remission \r\n154. Cancellation of conditional pardon or remission \r\n155. Suspension of sentence of imprisonment, detention or whipping \r\n156. Orders pending suspension \r\n157. Release on suspension \r\n158. Computation of period of suspension \r\n159. Order after suspension \r\n160. Reconsideration of case after suspension \r\n161. Fresh sentence after suspension \r\n162. Scope of power of suspension \r\n163. Effect of suspension and remission on dismissal \r\nPage 8 of 71 \r\n \r\nCHAPTER XV \r\nPROPERTY OF DECEASED PERSONS, DESERTERS AND LUNATICS \r\n164. Property of deceased persons and deserters (other than officers) \r\n165. Disposal of certain property without production of probate, etc. (other than officers) \r\n166. Application of sections 164 and 165 to lunatics, etc. \r\n167. Property of officers who die or desert \r\n168. Power of Committee of Adjustment \r\n169. Disposal of surplus by the prescribed person \r\n170. Disposal of certain property without production of probate, etc. \r\n171. Discharge of Committee, prescribed person and the Government \r\n172. Property in the hands of the Committee or the prescribed person not to be assets at the place \r\nwhere the Committee or the prescribed person is stationed \r\n173. Saving of rights of representative \r\n174. Application of sections 168 to 173 to lunatics, etc. \r\n175. Appointment of Standing Committee of Adjustment when officers die or desert while on \r\nactive service \r\n176. Interpretations \r\n \r\n \r\n \r\n177. Power to make rules \r\n178. Power to make regulations \r\n179. Repeals \r\nCHAPTER XVI. \r\nRULES \r\n \r\n \r\n \r\n \r\nCHAPTER XVII. \r\n \r\n \r\n180. Omitted \r\nTRANSITORY PROVISIONS] \r\nOmitted \r\n181. Omitted \r\n \r\nCHAPTER XVIII. \r\nSUPPLEMENTAL PROVISIONS \r\n182. Crews of ships lost or destroyed \r\n183. All the officers and crew of lost ship may be tried by one court \r\n184. For subsequent offence separate court \r\n185. Pay of crews of ships lost or taken \r\n186. When ship of senior officer is lost he may dispose of officers and crew of lost ships \r\nTHE SCHEDULE. \r\nRepealed \r\nPage 9 of 71 \r\n \r\nTHE PAKISTAN NAVY ORDINANCE, 1961 \r\n \r\n \r\n \r\nORDINANCE NO XXXV OF 1961 \r\n[8th September, 1961] \r\n \r\nAn Ordinance to consolidate and amend the law relating to the government and \r\ndiscipline of the Pakistan Navy. \r\n \r\nWHEREAS it is expedient to consolidate and amend the law relating to the government \r\nand discipline of the Pakistan Navy; \r\n \r\nNOW, THEREFORE, in pursuance of the Proclamation of the seventh day of October, \r\n1958, and in exercise of all powers enabling him in that behalf, the President is pleased to make  \r\nand promulgate the following Ordinance: \r\n \r\nCHAPTER I. - PRELIMINARY \r\n1. Short title and commencement. \r\nOrdinance, 1961. \r\n(1) This Ordinance may be called the Pakistan Navy \r\n \r\n(2) It shall come into force on such date1 as the 2[Federal Government] may, by \r\nnotification in the Official Gazette, appoint. \r\n \r\n2. Persons subject to this Ordinance. \r\nOrdinance, wherever they may be, namely : \r\n(1) The following persons shall be subject to this \r\n \r\n(a) officers on the active list of officers of the Pakistan Navy, and  3[Chief \r\npetty officers and sailors] of the Pakistan Navy ; \r\n \r\n(b) officers on the retired or emergency lists of officers of the Pakistan Navy,  \r\nwhen ordered on any duty or service for which as such officers they are so  \r\nliable ; \r\n \r\n(c) persons belonging to  any of the  Pakistan Naval Reserve Forces  when \r\ncalled up for training, exercise or service (including active service) in  \r\npursuance of regulations; \r\n \r\n(d) persons belonging to any auxiliary force raised in Pakistan to which this  \r\nOrdinance is applied to such extent and subject to such conditions as may  \r\nbe prescribed. \r\n \r\n(2) The following persons, not otherwise subject to this Ordinance shall be so subject \r\nto such extent and under such conditions as the 2[Federal Government] may direct : \r\n \r\n \r\n \r\n1The 1st day of March, 1962, see Gaz. of P., 1962, Pt. I. p. 31. \r\n2Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”. \r\n3Subs. by the Pakistan Navy (Amdt.) Ordinance, 1980 (55 of 1980), s 2, for “ratings”. \r\nPage 10 of 71 \r\n \r\n(a) persons subject to the Pakistan Army Act, 1952 (XXXIX of 1952), or the Pakistan \r\nAir Force Act, 1953 (VI of 1953) \r\n \r\n(i) when seconded for service with the Pakistan Navy ; or \r\n(ii) when embarked for passage on board any of the naval ships ; \r\n \r\n(b) persons, other than those mentioned in the last preceding clause, when embarked \r\nas passengers on board any of the naval ships ; \r\n(c) persons who are employed by, or are in the service of, or are followers of, or \r\naccompany any body or member of the naval force on active service ; \r\n \r\n1* * * * * * * \r\n \r\n2[(3) Persons, not otherwise subject to this Ordinance, shall be so subject if they are \r\naccused of \r\n \r\n(i) Seducing or attempting to seduce any person subject to this Ordinance from his  \r\nduty or allegiance to Government, or \r\n \r\n(ii) having committed, in relation to any work of defence, arsenal, naval, military or \r\nair force establishment or station, ship or aircraft or otherwise in relation to the  \r\nnaval, military or  air force affairs of Pakistan, an offence under the Official \r\nSecrets Act, 1923.] \r\n \r\n3. Secondment to Army or Air Force. Persons subject to this Ordinance, when \r\nseconded for service with the Pakistan Army or the Pakistan Air Force, shall be subject to the  \r\nPakistan Army Act, 1952 (XXXIX of 1952), or as the case may be, the Pakistan Air Force Act,  \r\n1953 (VI of 1953), to such extent and under such conditions as the 3[Federal Government] may  \r\ndirect. \r\n \r\n4. Definitions. In this Ordinance unless the context otherwise requires, \r\n \r\n(i) “active service” as applied to a person subject to this Ordinance, means the time \r\nduring which such person \r\n \r\n(a) is attached to, or forms part of a force which is engaged in operations \r\nagainst an enemy, \r\n(b) is engaged in naval operations in, or is on his way to a country or place \r\nwholly or partly occupied by an enemy, or \r\n(c) is attached to, or forms part of a force which is in military occupation of \r\nany foreign country ; \r\n \r\n(ii) “armed forces” means the Pakistan Army, the Pakistan Navy and the Pakistan Air \r\nForce and includes their reserves when called up for training, exercise or service ; \r\n \r\n(iii) “civil offence” means an offence which is triable by a criminal Court ; \r\n \r\n \r\n1Cl. (d) omitted by the Defence Services Laws (Amdt.) Ordinance 1967 (3 of 1967), s. 4. \r\n2Subs. section (3) added ibid. \r\n3Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”. \r\nPage 11 of 71 \r\n \r\n(iv) “civil prison” means any jail or place used for the detention of any criminal  \r\nprisoner under the Prisons Act, 1894 (IX of 1894), or under any other law for the  \r\ntime being in force ; \r\n \r\n1[(iva) “Chairman,  Joint Chiefs of Staff Committee” means an officer who has been  \r\nappointed as the Chairman, Joint Chiefs of  Staff Committee, by the President, \r\nin accordance with Article 243 of the Constitution of the   Islamic  Republic \r\nof Pakistan, read with section 14D;]. \r\n \r\n(v) 2[Chief of the Naval Staff] means the flag officer appointed by the President as the \r\n2[Chief of the Naval Staff], Pakistan Navy, or in his absence on leave or \r\notherwise the officer appointed by the 3[Federal Government] to officiate as such,  \r\nor, in the absence of such officiating appointment, the officer on whom the \r\ncommand may devolve in accordance with the regulations made by the 3[Federal \r\nGovernment] ; \r\n \r\n4[(va) “chief petty officer” means a person commissioned, gazetted or in pay as a junior  \r\ncommissioned officer in the Pakistan Navy;] \r\n \r\n(vi) “commanding officer” means the officer appointed in command of a naval ship,  \r\nvessel or establishment or the officer on whom such command may devolve in  \r\naccordance with the regulations made by the 3[Federal Government], or, the \r\nofficer, specified by the 3[Federal Government] as the commanding officer for the  \r\npurpose of all or any of the provisions of this Ordinance; \r\n \r\n(vii) “court-martial” means a court-martial held under this Ordinance ; \r\n \r\n(viii) “criminal court” means a Court of ordinary criminal justice in any part of Pakistan \r\nor established elsewhere by the authority of the 3[Federal Government] ; \r\n \r\n(ix) “desertion” has the meaning assigned to it by section 45 and “desert” and its  \r\ncognate expressions shall be construed accordingly ; \r\n \r\n(x) “enemy” includes all armed mutineers, armed rebels, armed rioters, pirates  and \r\nany person in arms against whom it is the duty of any person subject to military,  \r\nnaval or air force law to act ; \r\n \r\n(xi) “flag officer” means an officer of the rank of Admiral of the Fleet, Admiral, Vice- \r\nAdmiral or Rear-Admiral ; \r\n \r\n(xii) “Government” means the 3[Federal Government] and includes a Provincial \r\nGovernment; \r\n \r\n(xiii) “intoxication” has the meaning assigned to it by section 58 ; \r\n \r\n \r\n1Ins by Act III of 2020, s.2. (w.e.f 27-11-2019) \r\n2Subs. by F.A.O., 1975, Art. 2 and Sch. for “Commander-in-Chief, \r\n3Subs. ibid., for “Central Government”. \r\n4Cl. (va) ins. by the Pakistan Navy (Amdt.) Ordinance, 1980 (55 of 1980) s. 3. \r\nPage 12 of 71 \r\n \r\n1[(xiiia) “Islamic law” means a law relating to the enforcement of Hudood ;] \r\n \r\n(xiv) “Judge Advocate General” means a person appointed as such to give advice on  \r\nmatters relating to naval law and to perform such other duties of a legal character  \r\nas may arise in connection therewith ; \r\n \r\n(xv) “long imprisonment” means rigorous imprisonment for a term exceeding two  \r\nyears but not exceeding 2[the maximum limit of imprisonment specified in section  \r\n57 of the Pakistan Penal Code (Act XLV of 1860)]; \r\n \r\n(xvi) “mutiny” has the meaning assigned to it by section 36 ; \r\n \r\n(xvii) “naval custody” means the arrest or confinement of a person in the prescribed  \r\nmanner or in accordance with the usages and customs of the naval service and  \r\nincludes military or air force custody 3[and detention in a civil prison] ; \r\n \r\n(xviii) “naval establishment” means an establishment belonging to or under the control of \r\nthe navy, whether within or without Pakistan ; \r\n \r\n(xix) “naval law” means the law contained in this Ordinance and the rules and \r\nregulations and includes the usages and customs of the navy ; \r\n \r\n(xx) “naval reserve forces” means the Pakistan Naval Reserve Forces and includes the  \r\nPakistan Naval Fleet Reserve, the Pakistan Naval Volunteer Reserve, the Pakistan  \r\nNaval Reserve and the Pakistan Women Naval Reserve ; \r\n \r\n(xxi) “naval reward” Includes any gratuity or annuity for long service or good conduct or \r\npension and any other naval pecuniary reward ; \r\n \r\n(xxii) “naval ship” means a ship commissioned for service in the Pakistan Navy and  \r\nflying the Naval Ensign ; \r\n \r\n(xxiii) “naval vessel” means a  ship or vessel, other than a naval ship,  engaged in the  \r\nnaval service of Pakistan ; \r\n \r\n(xxiv) “navy” means the regular naval forces of Pakistan and includes the Pakistan Naval \r\nReserve Forces, when called up for training, exercise or into actual service ; \r\n \r\n \r\n(xxv) “notification” means a notification published in the official Gazette ; \r\n \r\n(xxvi)  “offence” means any act or omission punishable under this Ordinance and \r\nincludes a civil offence ; \r\n \r\n \r\n1Cl. (xiiia) ins. by the Pakistan Navy (Amdt.) Ordinance, 1984 (37 of 1984), s. 2. \r\n2Subs. by Ord. LXII of 2000, s.2 \r\n3Added by the Pakistan Navy (Amdt.) Ordinance, 1980 (55 of 1980) s. 3. \r\nPage 13 of 71 \r\n \r\n(xxvii) “officer” means a person holding a commission 1[,not being a Junior Commission] \r\nin the Navy, and includes a subordinate officer, and when serving under \r\nprescribed conditions, an officer, of the Pakistan Army or the Pakistan Air Force ; \r\n \r\n(xxviii) “prescribed” means prescribed by rules made under this Ordinance ; \r\n \r\n(xxix) “provost-marshal” means a person appointed as such under this Ordinance and  \r\nincludes any of his deputie s or assistants or any other person legally exercising  \r\nauthority under him or on his behalf ; \r\n \r\n2* * * * * * * \r\n(xxxi) “regulations” means regulations made under this Ordinance ; \r\n \r\n(xxxii) “rules” means rules made under this Ordinance ; \r\n \r\n3[(xxxiia) “sailor” means a person enrolled under this Ordinance below the rank of chief  \r\npetty officer ;] \r\n \r\n(xxxiii)“service” when qualifying institution,  necessaries, books, band, mess, money, \r\ngoods or other property, means belonging to or connected with the army, the navy  \r\nor the air force or any part thereof ; \r\n \r\n(xxxiv) “service law” means this Ordinance, the Pakistan Army Act, 1952 (XXXIX of  \r\n1952), the Pakistan Air Force Act, 1953 (VI of 1953), and the rules and \r\nregulations made thereunder ; \r\n \r\n(xxxv) “short imprisonment” means simple or rigorous imprisonment for a term not \r\nexceeding two years ; \r\n \r\n(xxxvi) “subordinate officer” means a person appointed as an acting sub -lieutenant, a  \r\nmidshipman or a cadet in any branch of the navy ; \r\n \r\nxxxvii)“superior officer” when used in relation to a person subject to this Ordinance,  \r\nmeans an officer or a rating not below the rate of petty officer who is of rank or  \r\nrate higher than that person, or is senior to that person in the same rank or rate, \r\nand as regards persons serving under such conditions as the 4[Federal \r\nGovernment] may direct, an officer; junior commissioned officer, warrant officer  \r\nor non-commissioned officer of the Pakistan Army or the Pakistan Air Force; \r\n \r\n(xxxviii) all words and expressions used herein and defined in the Pakistan Penal Code  \r\n(Act XLV of 1860) 5[for in any Islamic law], and not hereinbefore defined, shall  \r\nhave the meanings  respectively assigned  to them in  that Code 6[or, as the case  \r\nmay be, that law]. \r\n \r\n1Ins. by the Pakistan Navy (Amdt.) Ordinance, 1965 (56 of 1965), s. 2 \r\n2Cl. (xxx) omitted. by the Pakistan Navy (Amdt.) Ordinance, 1980 (55 of 1980), s. 3. \r\n3Cl. (xxxiia) ins. ibid. \r\n4Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”. \r\n5Ins. by the Pakistan Navy (Amdt.) Ordinance. 1984 (37 of 1984), s. 2. \r\n6Added ibid. \r\nPage 14 of 71 \r\n \r\n1[4A. Facilities for the performance of religious duties.  All officers in command of  \r\nships and establishments of the Pakistan Navy shall give reasonable facilities for the performance \r\nof religious duties by officers,  chief petty officers an d sailors of their  respective ships and  \r\nestablishments.] \r\n \r\nCHAPTER II \r\n \r\nSPECIAL PROVISIONS FOR THE APPLICATION OF THIS ORDINANCE IN \r\nCERTAIN CASES: \r\n \r\n5. Application of this Ordinance to certain forces under the Federal Government.  \r\nThe 2[Federal Government] may, by notification, apply with or without modification all or any of \r\nthe provisions of this Ordinance to any force raised and maintained in Pakistan and suspend  \r\noperation of any other enactment for the time being applicable to the said force. \r\n \r\n6. Special provision as to rank and command in certain cases. Any person or class of  \r\npersons subject to this Ordinance under clause (c) of sub-section (2) of section 2 \r\n \r\n(1) shall be so subject as officers, chief petty officers or petty officer as the 1[Federal \r\nGovernment] or any officer authorised by it in that behalf may direct ; \r\n \r\n(2) in respect of whom no direction under clause (1) is in force, shall be deemed to be of a \r\nrate inferior to that of a petty officer ; \r\n \r\n(3) shall be deemed to be under the commanding officer of the naval ship, naval vessel or  \r\nnaval establishment, if any, to which he is attached, and if he is not so attached, under the  \r\ncommand of any officer  who may, for the time being, be named as his commanding officer by  \r\nthe officer commanding the force with which such person may be serving, or of any other  \r\nprescribed officer, and if no such officer is named or prescribed, under the command of the said  \r\nofficer commanding the force ; \r\n \r\n(4) shall not be placed under the command of an officer of official rank inferior to that of  \r\nsuch person if there is present at the place where such person is any officer of higher rank under  \r\nwhose command he can be placed. \r\n \r\n7. Officers exercising powers in certain cases. __ (1) Whenever persons subject to this  \r\nOrdinance are serving whether within or without Pakistan, under an officer not subject to this  \r\nOrdinance, the 2[Federal Government] may prescribe the officer by whom the powers which,  \r\nunder this Ordinance, may be exercised by a commanding officer, shall as regards such persons,  \r\nbe exercised. \r\n \r\n(2) The 2[Federal Government] may confer such powers either absolutely or subject to  \r\nsuch restrictions, reservations, exceptions and conditions as it may think fit. \r\n \r\n \r\n \r\n1Ins. by Pakistan Navy (Amdt) ord. 1984, (37 of 1984)ibid., s. 2. \r\n2Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”. \r\nPage 15 of 71 \r\n \r\n8. Exercise of powers vested in holder of naval office. Any power or jurisdiction given  \r\nto, and any act or thing to be done by, to, or before any person holding any naval appointment  \r\nmay be exercised by, to or done by, to or before any other person for the ti me being authorised in \r\nthat behalf according to rules or customs of the navy. \r\n \r\n9. Power to declare persons to be on active service. Notwithstanding anything \r\ncontained in clause (i) of section 4, the 1[Federal Government] may, by notification, declare that  \r\nany person or class of persons subject to  this Ordinance, shall, with reference to any area in  \r\nwhich they may be serving or with reference to any provision of this Ordinance or of any other  \r\nlaw for the time being in force, be deemed to be on active service  within the meaning of this  \r\nOrdinance. \r\n \r\n \r\n \r\nCHAPTER III. APPOINTMENT, COMMISSION AND ENROLMENT. \r\n \r\n \r\n10. Eligibility for employment . No person who is not a citizen of Pakistan shall except  \r\nwith the consent of the 1[Federal Government] signified in writing, be eligible for appointment or \r\nenrolment in the Pakistan Navy. \r\n \r\n11. Appointment and commission. \r\nappointed by commission by the President. \r\n(1) Officers other than subordinate officers shall be \r\n \r\n(2) Subordinate officers shall be appointed in such manner and shall hold such rank as \r\nmay be specified in the regulations. \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n1Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”. \r\nPage 16 of 71 \r\n \r\n12. Enrolment 1[and Junior Commission].  2[(1) The terms and conditions of service of \r\nchief pety officers and sailors, and the manner and procedure for the grant of junior commission \r\nor, as the case may be, their enrolment, shall be such as may be specified in the regulations.]. \r\n \r\n(2) No person shall be enrolled as a 3[sailor] in the Pakistan Navy for an initial period of \r\nengagement exceeding such period as may be prescribed. \r\n \r\n(3) Notwithstanding anything contained in any other law for the time being in force, \r\n \r\n(a) the enrolment of any person under this Ordinance shall be binding on him \r\nboth during his minority and after he attains majority ; \r\n \r\n(b) neither the parent or guardian of a minor duly enrolled under this \r\nOrdinance nor any other person shall be entitled to claim custody of the  \r\nsaid minor as against the 4[Federal Government] or any of its officers or  \r\nother persons set over him. \r\n \r\n5[(4) A 3[Sailor] who is, or has before the commencement of the Pakistan Navy \r\n(Amendment) Ordinance, 1965, been, promoted to the rank of chief petty offi cer shall be granted \r\njunior commission in the Pakistan Navy upon such terms and conditions as may be specified in  \r\nthe regulations. \r\n \r\n(5) The chief petty officers who, having been promoted before the commencement of the  \r\nPakistan Navy (Amendment) Ordinance, 1 965, are granted commission in pursuance of sub - \r\nsection (4) shall rank among themselves in the order of their seniority as chief petty officers.] \r\n \r\n13. Validity of enrolment. Every person who has for the space of three months been in  \r\nreceipt of pay as a person enrolled under this  Ordinance and been borne on the books  of any \r\nnaval ship or naval establishment shall be deemed to have been duly enrolled and shall not be  \r\nentitled to claim his discharge on the ground of any irregularity  or illegality in his enr olment or \r\non any other ground whatsoever ; and if an person in receipt of such pay and borne on the books  \r\nas aforesaid claims his discharge before the expiry of three months from his enrolment, no such  \r\nirregularity or illegality or other ground shall, unti l he is discharged in pursuance of his claim,  \r\naffect his position as an enrolled person under this Ordinance or invalidate any proceedings, act \r\nor thing taken or done prior to his discharge. \r\n \r\n14. Attestation. Every 6[chief petty officer and sailor] shall, on completion of prescribed  \r\nperiod after 7[the grant of junior commission or, as the case may be,] enrolment, make and  \r\nsubscribe before his commanding officer or any prescribed officer, an oath or affirmation in the  \r\nprescribed form. \r\n \r\n \r\n \r\n1added by Pakistan Navy (Amdt.) Ord. 1965 (56 of 1965), s. 3 \r\n2Subs. by the Pakistan Navy (Amdt.) Ordinance, 1980 (55 of 1980), s, 4, for sub-section (1). \r\n3Subs. ibid., for “ratings”. \r\n4Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”. \r\n5Sub-sections (4) and (5) ins. by the Pakistan Navy (Amdt.) Ordinance, 1965 (56 of 1965), s. 3. \r\n6Subs. by the Pakistan Navy (Amdt.) Ordinance, 1980 (55 of 1980), s. 5, for rating \r\n7Ins. ibid \r\nPage 17 of 71 \r\n \r\n1[CHAPTER IIIA. \r\n \r\nAPPOINTMENT OF THE CHIEF OF THE NAVAL STAFF 2[****] \r\n14A. Appointment of   the   Chief   of   the   Naval   Staff. —(1 )The President shall, \r\non the advice of the Prime Minister, appoint an Admiral as the Chief of the Naval Staff, for \r\na tenure of 3[five (05)] years. \r\n(2) The terms and conditions of the Chief of the Naval Staff shall be determined by \r\nthe President, on the advice of the Prime Minister. \r\n14B. Reappointment 2[and/or] extension of the Chief of the Naval Staff.—(1) \r\nNotwithstanding anything contained in this Act or any other law for the time being in force, the  \r\nPresident, on the advice of the Prime Minister, may reappoint the  Chief of the Naval Staff for \r\nadditional tenure of 3[five (05)] years, 2 [**] 3 [ and/or] extend the tenure(s) of the Chief of the \r\nNaval Staff up to 3[five (05)] years, on such terms and conditions, as may be determined by \r\nthe President, on the advice of the Prime Minister, in the national security interest or exigencies, \r\nfrom time to time. \r\n \r\n(2) Notwithstanding anything contained in this Act or any other law, or any order \r\nor judgment of any Court, the appointment, reappointment or extension   of  the Chief of \r\nthe Naval Staff, or the exercise of discretion by the appointing  authority in this regard, \r\nshall not  be called into question  before  any Court on any ground whatsoever. \r\n \r\n3[14C. Retirement age, service limits and removal of the Chief of the Naval Staff.__ \r\nThe retirement age and service limits prescribed for an Admiral, under the Rules and  \r\nRegulations made under this Ordinance, shall not be applicable to the Chief of the Naval Staff,  \r\nduring his tenure of appointment, re -appointment and/or extension. Throughout such tenure, the  \r\nChief of the Naval Staff shall continue to serve as an Admiral in the Pakistan Navy.] \r\n \r\n \r\n14D. 2[* * * * * * *] \r\n \r\n \r\n14E. 2[* * * * * * *] \r\n \r\n \r\n14F.  2[* * * * * * *] \r\n \r\n \r\n \r\n \r\n______________________________________________________________________________ \r\n1Ins by Act III of 2020, s.3. (w.e.f 27-11-2019). \r\n2Omitted and subs. by Act No. XXXV of 2025, ss. 2-4(It comes into force at once and shall always be deemed to have  been part of the Pakistan Navy \r\nOrdinance 1961(XXXV of 1953)) \r\n3Subs. by Act No. XXXV of 2024, ss.2- \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\nPage 18 of 71 \r\n \r\n \r\nCHAPTER IV. CONDITIONS OF SERVICE \r\n \r\n15. Tenure of service. 1[Subject to chapter III-A, every] officer 2[,chief petty officer and \r\nsailor] shall hold office during the pleasure of the President 1[,] \r\n \r\n3[Provided that the appointment, reappointment, extension, and tenure of the Chief of  \r\nthe Naval Staff shall be determined in accordance with sections 14A, 14B and 14C. \r\n \r\nProvided further that the appointment, reappointment, extension, and  tenure of the \r\nChairman, Joint Chiefs of Staff Committee shall be determined in accordance with sections  \r\n14D, 14E and 14F.] \r\n \r\n16. Liability for service. Every officer 3[,chief petty officer and sailor] shall be liable t o \r\nserve in the navy until his services have been duly terminated by competent authority in \r\naccordance with this ordinance and the rules and regulations made thereunder. \r\n \r\n17. Termination of service. (1) The 4[Federal Government] may dismiss, remove, \r\ndischarge or release any officer from the service or compel him to resign or retire from the \r\nservice. \r\n \r\n(2) Any officer may be permitted, subject to the exigencies of the service, by the \r\n4[Federal Government] to voluntarily resign his commission or retire from the service. \r\n \r\n(3) The 4[Federal Government] the 5[chief of the Naval Staff], or any prescribed officer  \r\nmay dismiss, discharge or release any subordinate officer 6[, chief petty officer or sailor] from the \r\nservice. \r\n \r\n18. Release on expiry of period of engagement. A 7[chief petty officer or sailor] shall be \r\nentitled to be released at the expiration of the term of service for which he is engaged unless \r\n \r\n(a) such expiration occurs, \r\n(i) when war is imminent or existing, or \r\n(ii) when the strength of the branch of service to which he belongs is five per \r\ncent, below its strength, \r\n \r\n \r\n \r\n \r\n \r\n1Subs by Act III of 2020, s.4.(w.e.f 27-11-2019). \r\n2Subs. by Pakistan Navy (Amdt.) Ord. 1980, (55 of 1980), s. 6. and rating. \r\n3Subs, Ins by Act III of 2020, s.4. (w.e.f 27-11-2019). \r\n4Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”. \r\n5Subs. ibid., Art. 2 and Sch. for “Commander-in-Chief”. \r\n6Subs. by Ord. 55 of 1980, s. 7, for “or rating”. \r\n7Subs. ibid., s. 8, for “or rating”. \r\nPage 19 of 71 \r\n \r\nin which case he shall be liable to continue to serve for such further period as may \r\nbe required by the 1[Chief of the Naval Staff] ; or \r\n(b) he is re-engaged in accordance with the regulation. \r\n \r\n19. Discharge or dismissal when out of Pakistan. (1) Any person enrolled under this \r\nOrdinance who is entitled under the conditions of his enrolment to be discharged, or whose  \r\ndischarge is ordered by a competent authority, and who, when he is so entitled or ordered to be  \r\ndischarged, is serving out of Pakistan, and requests to be sent to Pakistan, shall, be fore being  \r\ndischarged, be sent to Pakistan with all convenient speed. \r\n \r\n(2) Any person enrolled under this Ordinance who is dismissed from the service and who,  \r\nwhen he is so dismissed, is serving out of Pakistan, shall be sent to Pakistan with all convenient  \r\nspeed. \r\n \r\n(3) Where any such person as is mentioned in sub -section (2) is sentenced to dismissal  \r\ncombined with any other punishment, such other punishment, or, in the case of a sentence of  \r\nimprisonment or detention, a portion of such sentence, may be inflicted bef ore he is sent to  \r\nPakistan. \r\n \r\n(4) For purposes of this section, the word “discharge” includes release and the word  \r\n“dismissal” includes removal. \r\n \r\n20. Certificate on termination of service. -Every 2[Chief petty officer or sailor] who is  \r\ndismissed, discharged, or rel eased from the service shall be furnished by the prescribed officer  \r\nwith a certificate setting forth \r\n \r\n(a) the authority terminating the service ; \r\n \r\n(b) the cause for such termination ; and \r\n \r\n(c) the full period of his service in the navy. \r\n \r\n21. Power to modify certain fundamental rights in their application to persons \r\nsubject to this Ordinance. Subject to the provisions of any law for the time being in force  \r\nrelating to the navy or to any branch thereof, the 3[Federal Government] may, by notification, \r\nmake rules restricting in such manner and to such extent as may be specified the right of any  \r\nperson subject to this Ordinance \r\n \r\n \r\n \r\n \r\n \r\n1Subs. by F.A.O., 1975 Art. 2 and Sch., for “Commander-in-chief” \r\n2Subs. by the Pakistan Navy (Amdt.) Ordinance, 1980 (55 of 1980), s. 8 for “rating”. \r\n3Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”. \r\nPage 20 of 71 \r\n \r\n(a) to be a member of, or to be associated in any way with, any trade union or  \r\nlabour union, or any class of trade or labour unions or any society, \r\ninstitution or association, or any class of societies, institutions or associa- \r\ntions; \r\n(b) to attend or address any meeting or to take part in any demonstration  \r\norganised by any body of persons for any political or other purposes ; \r\n(c) to communicate with the press or to publish or cause to be published any  \r\nbook, letter or other document. \r\n \r\nCHAPTER V. SERVICE PRIVILEGES \r\n22. Authorised deductions only to be made from pay. The pay and allowances of every \r\nofficer 1[, chief petty officer  and sailor]  due to  him as such under any regulation for the time  \r\nbeing in force, shall be paid without any deduction other than the deductions authorised by or  \r\nunder this or any other enactment or prescribed by the 2[Federal Government]. \r\n \r\n23. Remedy of aggrieved persons . If an officer 3[, chief petty officer or sailor]  thinks \r\nthat he has suffered any pe rsonal oppression, injustice or other ill -treatment at the hands of any  \r\nsuperior officer, he may make a complaint in accordance with the rules made under this \r\nOrdinance. \r\n24. Immunity from attachment. The arms, clothes, equipment, accoutrement or \r\nnecessaries of any officer 3[, chief petty officer or sailor] shall not be seized, and their pay and  \r\nallowances, or any part thereof, shall not be attached under any process or direction of any civil \r\nor revenue Court or any public servant, in satisfaction of any decree or order enforceable against  \r\nhim. \r\n25. Immunity from arrest for debt. (1) No officer 3[, chief petty officer or sailor] shall, \r\nso long has he is subject to this Ordinance, be liable to be arrested for debt under any process \r\nissued by, or by the authority of, any civil or revenue Court or any public servant. \r\n(2) The Judge of any such Court or the said officer shall examine into any complaint \r\nmade by such person or his superior officer of the arrest of such person contrary to the provisions \r\nof this section, and if satisfied that the arrest was made in contravention of preceding sub -section \r\nshall by warrant under his hand,  discharge the person arrested, and may award reasonable costs  \r\nto the complainant who may recover these costs in  like manner as he might have recovered costs  \r\nawarded to him by a decree against the person obtaining the process. \r\n(3) For the making of such complaint and for the recovery of such costs,  no court-fee \r\nshall be payable by the complainant. \r\n26. Immunity of persons attending courts-martial 4[or court of appeals] from \r\narrest. (1) No president or member of a court-martial 4[or court of appeals], no Judge advocate, \r\nno party to any proceeding before a court-martial 4[or court of appeals], or his legal practitioner \r\nor agent and no witness acting in obedience to a summons to attend a court -martial 4[or court of \r\nappeals], shall, while proceeding to attending, or returning from a Court -martial, be liable to  \r\narrest by civil or revenue process. \r\n \r\n1Subs. by the Pakistan Navy (Amdt.) Ordinance, 1980 (55 of 1980), s. 9 for “or rating”. \r\n2Subs. by F.A.O., 1975 Art. 2 and Table, for “Central Government”. \r\n3Subs. by Ord. 55 of 1980, s. 10, for “and rating”. \r\n4Ins. by the Pakistan Navy (Amdt.) Ordinance, 1984 (37 of 1984), s. 4. \r\nPage 21 of 71 \r\n \r\n(2) If any such person is arrested under any such process, he may be discharged by order of the \r\ncourt-martial 1[or, as the case may be, court of appeals]. \r\n \r\n27. Priority in respect of naval personnel's litigation. (1) On the presentation to any \r\nCourt, by or on behalf of any officer 2[chief petty officer or sailor], of a certificate, from the  \r\nproper naval authority, of leave of absence having been granted to or applied for by him for the  \r\npurpose of prosecuting or defending any suit or other proceeding in such Court, the Court shall,  \r\non the application of such person, arrange, so far as may be possible, for the hearing and final  \r\ndisposal of such suit or other proceeding within the period of the leave so granted or applied for. \r\n \r\n(2) The certificate from the proper naval authority shall state the first and last day of the  \r\nleave or intended leave, and set forth a description  of the case with respect to which the leave  \r\nwas granted or applied for and shall be duly signed and authenticated by such authority. \r\n \r\n(3) No fee shall be payable to the  Court in respect of the  presentation of any such  \r\ncertificate or of any application by or on behalf of any such person for priority for the hearing of  \r\nhis case, and every such certificate duly signed or a uthenticated as aforesaid shall be conclusive  \r\nevidence of the correctness of the contents thereof. \r\n \r\n(4) Where the Court is unable to arrange for the hearing and final disposal of the suit or  \r\nother proceeding within the period of such leave or intended leave as  aforesaid, it shall record its \r\nreasons for its inability to do so, and shall cause a copy thereof to be furnished to such person on  \r\nhis application without any payment whatever by him in respect either of the application for such  \r\ncopy or of the copy itself. \r\n \r\n(5) Every criminal Court before  which a  case is  pending against  any officer or rating  \r\nshall, so far as may be possible, arrange for the early hearing and final disposal of such case. \r\n \r\n(6) If in any case a question arises as to the proper naval authority qualified to grant such  \r\ncertificate as  aforesaid, such question shall be at once referred by the  Court to an officer, \r\ncommanding a naval ship or establishment, or to a superior naval authority, whose decision shall  \r\nbe final. \r\n \r\n28. Saving of rights and privileges under other laws. The rights and privileges \r\nspecified in the preceding sections of this Chapter shall be in addition to any others conferred on  \r\npersons subject to this Ordinance or on members of the regular Army, Navy and Air Force  \r\ngenerally by any other law for the time being in force. \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n1Added by Pak. Navy (Amdt.) Ord., 1984 (37 of 1984), sec. 4. \r\n2Subs. by the Pakistan Navy (Amdt.) Ordinance, 1980 (55 of 1980), s. 10, “for or rating”. \r\nPage 22 of 71 \r\n \r\nCHAPTER VI. OFFENCES. \r\n \r\n(i) Misconduct in Action and Assistance to Enemy \r\n \r\n \r\n \r\n29. Misconduct in action by persons in command. Every flag officer, captain or other  \r\nperson subject to this Ordinance who, being in command of any of the naval ships, naval vessels  \r\nor naval establishments \r\n \r\n(a) fails to use his utmost exertions to bring into action any such ship, vessel or  \r\nestablishment which it is his duty to bring into action ; \r\n \r\n(b) surrenders any such ship, vessel or establishment to the enemy when it is capable  \r\nof being successfully defended or destroyed. \r\n \r\n(c)  fails to pursue any enemy whom it is his duty to pursue, or to assist to the utmost  \r\nof his ability any friend whom it is his duty to assist; or \r\n \r\n(d)  in the case of any action by or against the enemy, improperly withdraws from the \r\naction or from his station, or fails in his own person and according to his rank to  \r\nencourage the persons under his command to fight courageously; \r\n \r\nshall be liable, if the offence is committed with intent to assist the enemy, to suffer death; and in \r\nany other case to suffer long imprisonment. \r\n \r\n30. Misconduct in action by other officers and  men. Every person subject to this  \r\nOrdinance who, not being in command of any of the naval ships, naval vessels or naval \r\nestablishments, fails when ordered to prepare fo r action by or against the enemy, or during any  \r\nsuch action, to use his utmost exertions to carry the lawful orders of his superior officers into  \r\nexecution shall be liable, if the offence is committed with intent to assist the enemy, to suffer  \r\ndeath, and in any other case, to suffer long imprisonment. \r\n \r\n31. Obstruction of operations. -Every person subject to this Ordinance who wilfully  \r\ndelays or discourages upon any pretext whatsoever, any action or service which has been \r\ncommanded on the part of any of the Pakistan forces or of any forces co -operating therewith, be \r\nliable, if the offence is committed with intent to assist the enemy, to suffer death, and in any \r\nother case, to suffer long imprisonment. \r\n \r\n32. Corresponding with, supplying or serving with the enemy.-Every person subject to \r\nthis Ordinance who- \r\n \r\n(a) communicates with or gives intelligence to the enemy; \r\n \r\n(b) fails to make known to the proper authorities any information received by him  \r\nfrom the enemy; \r\n \r\n(c) furnishes the enemy with supplies of any description; or \r\nPage 23 of 71 \r\n \r\n(d) having been made a prisoner of war, serves with or aids the enemy in the \r\nprosecution of hostilities or of measures calculated to influence morale, or in any  \r\nother manner whatsoever, not authorised by international usage; \r\n \r\nshall be liable, if the offence is committed with intent to assist the enemy, to suffer death, and in \r\nany other case, to suffer long imprisonment. \r\n \r\n(ii) Neglect of Duty \r\n \r\n33. Sleeping on watch or abandoning post. (1) Every person subject to this Ordinance \r\nwho, being in the presence or vicinity of the enemy or under orders to be prepared for action by \r\nor against the enemy, abandons his post improperly or sleeps upon his watch, shall be liable to  \r\nsuffer long imprisonment. \r\n \r\n(2) Every person subject to this Ordinance who, not being in the presence or vicinity of  \r\nthe enemy or under such orders as aforesaid, abandons his post improperly or sleeps upon his  \r\nwatch, shall be liable to suffer short imprisonment. \r\n \r\n34. Neglect of duty . Every person subject to this Ordinance who neglects to perform or  \r\nnegligently performs any duty imposed on him shall be liable to be dismissed from the service. \r\n \r\n(iii) Mutiny \r\n \r\n35. Definition of “mutiny”. In this Ordinance, mutiny means a combination between two \r\nor more persons subject to service law, or between persons two at least of whom are subject to  \r\nservice law \r\n \r\n(a) to overthrow or resist lawful authority in the armed forces of Pakistan or any  \r\nforces co-operating therewith or in any part of any of the said forces; \r\n \r\n(b) to disobey such authori ty in such circumstances as  to make the disobedience  \r\nsubversive of discipline, or with the object of avoiding any duty or service, or in  \r\nconnection with operations against the enemy; or \r\n \r\n(c) to impede the performance of any duty or service in the Armed Forces of Pakistan \r\nor in any forces co-operating therewith, or in any part of any of the said forces. \r\n \r\n36. Offences of mutiny.  (1) Every person subject to this Ordinance who \r\n \r\n(a) takes part in a mutiny involving the use of criminal force or the threat of the use of \r\ncriminal force or having as its object or one of its objects the refusal or avoidance  \r\nof any duty of service against or in connection with operations against, the enemy,  \r\nor the impeding of the performance of any such duty or service, or \r\n \r\n(b) incites any person subject to service law to take part in such a mutiny, whether  \r\nactual or intended, \r\n \r\nshall be liable to suffer death. \r\nPage 24 of 71 \r\n \r\n(2) Every person subject to this Ordinance who takes part in a mutiny not described in the  \r\nforegoing sub-section, or incites any person subject to service law to take part in such a mutiny,  \r\nwhether actual or intended, shall be liable to suffer long imprisonment. \r\n \r\n(3) Every person subject to this Ordinance who endeavours to seduce any person subject  \r\nto service law from his duty or allegiance to the Government, shall be liable to suffer long  \r\nimprisonment. \r\n \r\n37. Failure to suppress mutiny. Every person subject to this Ordinance who, knowing or \r\nhaving reason to believe that a mutiny is taking place or is Intended, \r\n \r\n(a) fails to use his utmost endeavours to suppress or prevent it; or \r\n \r\n(b) fails to report without delay that the mutiny is taking place or is intended, shall,- \r\n \r\n(i) if his offence was committed with intent to assist the enemy, be liable to \r\nsuffer death; and \r\n \r\n(ii) in any other case, be liable to suffer long imprisonment. \r\n \r\n38. Attempt to stir up disturbance. Every person subject to this Ordinance who \r\nattempts to stir up any disturbance in a naval ship, naval vessel or naval establishment on the  \r\nground of unwholesomeness of food or upon any other ground, shall be liable to suffer long  \r\nimprisonment. \r\n \r\n(iv) Insubordination \r\n \r\n39. Using criminal force to superior officer. Every person subject to this Ordinance \r\nwho uses criminal force to, commits an assault on, his superior officer, whether or not that officer \r\nis exercising authority as such, shall be liable to suffer long imprisonment. \r\n \r\n40. Disobedience. Every person subject to this Ordinance who wilfully disobeys any  \r\nlawful command of his superior officer (by whatever means communicated to him), shall be \r\nliable to suffer long imprisonment. \r\n \r\n41. Insubordinate behaviour. Every person subject to this Ordinance who uses \r\nthreatening or insulting language to, or behaves with contempt to, his superior officer, shall, if  \r\nsuch officer is at the time in the execution of his office or, if the offence is committed on active  \r\nservice, be liable to suffer long imprisonment, and in any other case to suffer short imprisonment. \r\n \r\n42. Violation of this Ordinance, rules, regulations and orders. Every person subject to \r\nthis Ordinance who, neglects to obey or contravenes any provision of this Ordinance or any rule  \r\nor regulation made under this Ordinance or any general or local order, shall, unless other \r\npunishment is provided in this Ordinance for such neglect or contravention, be liable to suffer  \r\nshort imprisonment. \r\n \r\n43. Fighting and quarreling. Every person subject to this Ordinance who__ \r\n \r\n(a) fights or quarrels with any other person, whether subject to this Ordinance \r\nor not; \r\nPage 25 of 71 \r\n \r\n(b) uses threatening, abusive, insulting or provocative words or behaviour \r\nlikely to cause disturbance; \r\n(c) being concerned in any quarrel, affray or disorder, refuses to obey any  \r\nofficer, who orders him into arrest, or uses criminal force to or assaults any \r\nsuch officer; \r\n(d) uses criminal force to or assaults any person, whether subject to this \r\nOrdinance or not, in whose custody he is lawfully placed, and whether he \r\nis or is not his superior officer; or \r\n(e) resists any escort whose duty it is to apprehend him or to have him in  \r\ncharge, \r\n \r\nshall be liable to suffer short imprisonment. \r\n \r\n44. Obstruction of provost officers. Every person subject to this Ordinance, who, \r\nwilfully obstructs or wilfully refuses, when called on to assist, any provost officer or any person  \r\n(whether subject to this Ordinance or not) legally exercising authority under or on behalf of a  \r\nprovost officer, shall be liable to suffer short imprisonment. \r\nExplanation. For the purposes of this section, a “provost officer” shall be deemed to  \r\ninclude a provost-marshal appointed under this Ordinance or under the Pakistan Army Act, 1952  \r\n(XXXIX of 1952), or the Pakistan Air Force Act, 1953 (VI of 1953), and any person legally  \r\nexercising authority under him or on his behalf. \r\n(v) Desertion and Absence without Leave \r\n45. Definition of desertion. A person is guilty of desertion within the meaning of this  \r\nOrdinance if he leaves  or fails to attend at his ship or place of duty with the intention of  \r\nremaining permanently absent from duty without proper authority or if, having l eft or failed to  \r\nattend at his ship or place of duty in any circumstances, he does any act with the like intention. \r\n46. Desertion. (1) Every person subject to this Ordinance who deserts shall \r\n(a) if he commits  the offence  on active service or  when under orders for active  \r\nservice, be liable to suffer-long imprisonment; and \r\n(b) if he commits the offence under any other circumstances, be liable to suffer short  \r\nimprisonment. \r\n(2) A person convicted of desertion shall, except so far as the naval tribunal by which  \r\nhe is tried or the 1[Chief of the naval Staff] may otherwise direct, forfeit all pay, bounty, salvage  \r\nand allowances earned by him, all annuities, pensions and gratuities granted to him, and all  \r\nclothes and effects left by him on board his ship or at his place of duty. \r\n(3) Every person subject to this Ordinance who incites any other person subject to  \r\nservice law to desert, or knowingly harbours any such deserter, shall be liable to suffer short  \r\nimprisonment. \r\n47. Absence without leave . Every person subject to this  Ordinance who, without being  \r\nguilty of desertion, \r\n \r\n \r\n \r\n1Subs. by F.A.O., 1975, Art. 2 and Sch. for “Commander-in-Chief”. \r\nPage 26 of 71 \r\n \r\n(a) absents himself without leave ; \r\n \r\n(b) improperly leaves his ship or place of duty; or \r\n \r\n(c) incites any other person subject to service law to absent himself without \r\nleave or improperly to leave his ship or place of duty, \r\n \r\nshall be liable to suffer short imprisonment. \r\n \r\n48. Failure to report deserters and absentees. Every person subject to this Ordinance,  \r\nwho knowing that any other person subject to service law has deserted, absented himself without  \r\nleave, or improperly left his ship or place of duty, or is attempting to desert, to absent himself  \r\nwithout leave or improperly to leave his ship or place of duty, \r\n \r\n(a) fails to report the fact without delay ; or \r\n \r\n(b) fails to take any steps within his power to cause that person to be \r\napprehended, \r\n \r\nshall be liable to suffer short imprisonment. \r\n \r\n(vi) Navigation and Flying Offences \r\n \r\n49. Loss or hazarding of ship or aircraft. Every person subject to this Ordinance who, \r\neither wilfully or by negligence \r\n \r\n(a) causes or allows to be lost, stranded or hazarded any of the naval ships or \r\nvessels ; or \r\n \r\n(b) causes or allows to be lost or hazarded any of Government's aircraft, \r\n \r\nshall be liable, if he acts wilfully or with wilful neglect, to suffer long imprisonment, and in any \r\nother case to short imprisonment. \r\n \r\n50. Dangerous flying. Every person subject to this Ordinance who is guilty of any act or  \r\nneglect in flying, or in the use of any aircraft, or in relation to any aircraft or aircraft material,  \r\nwhich causes or is likely to cause loss of life or bodily injury to any person, shall be liable \r\n \r\n(a) if he acts wilfully or with wilful neglect, to suffer long imprisonment ; and \r\n \r\n(b) in any other case to suffer short imprisonment. \r\n \r\n51. Low flying. Every person subject to this Ordinance who, being the pilot of one of the  \r\nGovernment’s aircraft, flies it at a height less than such height as may be provided by any  \r\nregulations issued under the authority of the 1[Federal Government], except \r\n \r\n \r\n \r\n1Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government. \r\nPage 27 of 71 \r\n \r\n(a) while taking off or alighting ; or \r\n \r\n(b) in such other circumstances as may be so provided, \r\nshall be liable to suffer short imprisonment. \r\n52. Annoyance by flying: Every person subject to this Ordinance who, being the pilot of  \r\none of the Government’s aircraft, flies it so as to cause, or to be likely to cause, unnecessary  \r\nannoyance to any person shall be liable to be dismissed from the service. \r\n \r\n(vii) Prize offences \r\n \r\n53. Prize offences by commanding officers. Every person subject to this Ordinance who \r\nbeing in command of any of the naval ships, naval vessels or aircraft, \r\n \r\n(a) having taken any ship, vessel or aircraft as prize, fails to send to a High  \r\nCourt or to some other prize Court having jurisdiction in the  case, all the  \r\nship papers or aircraft papers, as the case may be, found on board ; \r\n \r\n(b) unlawfully makes any agreement for ransoming of any ship, vessel, \r\naircraft or goods taken as prize ; or \r\n \r\n(c) in pursuance of any such agreement as aforesaid, or otherwise by \r\ncollusion, restores or abandons any ship, vessels, aircraft or goods taken as  \r\nprize ; \r\n \r\nshall be liable to suffer long imprisonment 1[and shall also be liable to fine]. \r\n \r\n54. Other prize offences.-Every person subject to this Ordinance who \r\n \r\n(a) strikes or otherwise ill -treats any person who is on board a ship, vessel or  \r\naircraft when taken as prize, or unlawfully takes from any such person  \r\nanything in his possession ; \r\n \r\n(b) removes out of any ship, vessel or aircraft taken as prize (otherwise than as \r\nsafe keeping or for necessary use and service of any of the forces) any  \r\ngoods not previously adjudged by a prize Court to be lawful prize ; or \r\n \r\n(c) breaks bulk on board any ship, vessel or aircraft taken as prize, or detained  \r\nin exercise of any belligerent right or under any enactment, with intent to  \r\ncommit breach of trust or dishonestly misappropriates anything therein, \r\n \r\nshall be liable to suffer long imprisonment 1[and shall also be liable to fine]. \r\n \r\n \r\n1Added by Act 9 of 05, ss 2-3. \r\nPage 28 of 71 \r\n \r\n(viii) Other offences in respect of Ships and Aircraft \r\n55. Inaccurate certification. Every person subject to this Ordinance who makes or signs, \r\nwithout having ensured its accuracy, a certificate relating to any matter effecting the sea going or  \r\nfighting efficiency of any of the  naval ships or naval vessels, or any certificate relating to any of  \r\nthe Government’s aircraft or aircraft material, shall be liable to suffer short imprisonment. \r\n \r\n56. Improper carriage of goods. Every person subject to this Ordinance who, being in  \r\ncommand of any of the naval ships, naval vessels or aircraft without lawful authority \r\n \r\n(a)  receives or permits to be received on board the ship, vessel or aircraft any \r\ngoods or merchandise intended for disposal or delivery by way of trade or  \r\nbusiness (whether on his own account or on account of any other person),  \r\nnot being merchandise received in the course of salvage; or \r\n \r\n(b)  agrees to convey any go ods or merchandise on board the ship, vessel or  \r\naircraft in consideration of the payment of freight, or demands or receives  \r\nany payment in respect of such carriage, \r\n \r\nshall be liable to be dismissed from the service 1[and shall also be liable to fine]. \r\n \r\n(ix) Malingering and intoxication \r\n \r\n57. Malingering.-Every person subject to this Ordinance who \r\n \r\n(a) falsely pretends to be suffering from sickness or disability. \r\n \r\n(b) injures himself with intent thereby to render himself unfit for service, or  \r\ncauses himself to be injured by any person with that intent, or \r\n \r\n(c) with intent to render or keep himself unfit for service, does or fails to do  \r\nanything (whether at the time of the act or omission he is in hospital or \r\nnot) whereby he  produces, or prolongs or aggravates, any sickness  or \r\ndisability, \r\n \r\nshall be liable to suffer short imprisonment. \r\n \r\nExplanation. In this section the expression “unfit” includes temporarily unfit. \r\n \r\n58. Definition of intoxication. A person is in a state of intoxication within the meaning \r\nof this Ordinance if owing to the influence of alcohol or any drug, whether alone or in \r\ncombination with any other circumstances, he is unfit to be entrusted with his duty or with any  \r\nduty which he might be called upon to perform, or behaves in a disorderly manner or in a manner \r\nlikely to bring discredit on the service. \r\n \r\n2[59. Offences of intoxication. Every person subject to this Ordinance, who is found in a \r\n \r\n1Added by Act 9 of 05, s.4. \r\n2Subs by the Pakistan Navy (Amendment) Ordinance, 1984 (37 of 1984), s.5, for section 59, which was previously amended by \r\nOrdinance, 55 of 1980. S.11 \r\nPage 29 of 71 \r\n \r\nstate of intoxication shall, if the offence is not liable to hadd under Islamic law, be liable to suffer \r\nshort imprisonment.] \r\n \r\n(X) Offences in respect of Naval Custody \r\n \r\n60. Irregularity in connection with custody. Every person subject to this Ordinance \r\nwho, \r\n \r\n(a) unnecessarily detains a person in custody without bringing him to trial, or  \r\nfails to bring his case before the proper authority for investigation ; or \r\n \r\n(b) having committed a person to naval custody falls without reasonable cause  \r\nto deliver at the time of such committal, or as soon as practicable, and in  \r\nany case within forty -eight hours thereafter, to the officer or other person  \r\ninto whose custody the person arrested is committed, an account in \r\nwriting, signed by himself of the offence with which the person so \r\ncommitted is charged, \r\n \r\nshall be liable to suffer short imprisonment. \r\n \r\n61. Escape from custody. Every person subject to this Ordinance, who, being in lawful \r\ncustody, escapes or attempts to escape, shall be liable to suffer short imprisonment. \r\n \r\n62. Permitting escape of person in custody.-Every person subject to this Ordinance \r\nwho, \r\n \r\n(a) when in command of a guard, piquet, patrol  or post, releases without  \r\nproper authority, whether, wilfully or without reasonable excuse, any \r\nperson committed to  his charge, or refuses  to receive any prisoner or  \r\nperson so committed, or \r\n \r\n(b) wilfully or without reasonable excuse allows to escape any person who is  \r\ncommitted to his charge, or whom it is his duty to keep or guard, \r\n \r\nshall be liable, if he has acted wilfully, to suffer long imprisonment, and if he has not acted \r\nwilfully, to suffer short imprisonment. \r\n \r\n(xi) Offences relating to property \r\n \r\n63. Theft and dishonest misappropriation, etc. Every person subject to this Ordinance \r\nwho commits any of the following offences, that is to say \r\n \r\n(a) commits theft 1[, not liable to hadd under any Islamic Law,] of any \r\nproperty belonging to the Government, or to any service mess, band or  \r\ninstitution or to any person subject to service  law, or serving with or  \r\nattached to the navy ; \r\n \r\n \r\n1Ins. by the Pakistan Navy (Amdt.) Ordinance, 1984 (37 of 1984), s.6. \r\nPage 30 of 71 \r\n \r\n(b) dishonestly misappropriates or converts to his own use any such property ; \r\n \r\n(c) commits criminal breach of trust in respect of any such property ; \r\n \r\n(d) dishonestly receives or retains any such property in respect of which any \r\nof the offences under clauses (a), (b) and (c) has been committed, knowing  \r\nor having reason to believe the commission of such offence ; \r\n \r\n(e) wilfully destroys or injures any property of the Government entrusted to  \r\nhim ; or \r\n \r\n(f) does any other thing with intent to defraud, or to cause wrongful gain to  \r\none person or wrongful loss to another person, \r\n \r\nshall be liable to suffer long imprisonment 1[and shall also be liable to fine]. \r\n \r\n64. Making away with equipment, etc. Every person subject to this Ordinance who  \r\nmakes away with (whether by pawning, selling, destroying or in any other way) or loses or, by  \r\nnegligence damages or allows to be damaged \r\n \r\n(a) any clothing, arms, ammunition or other equipment issued to him for his \r\nuse for naval purposes ; or \r\n \r\n(b) any military, naval or air force decoration granted to him., \r\nshall be liable to suffer short imprisonment 1[and shall also be liable to fine]. \r\nExplanation. It shall be a defence for a person charged under this section with losing any \r\nproperty that he took reasonable steps for its care and preservation. \r\n \r\n65. Loss and waste of Government and service property. Every person subject to this \r\nOrdinance who \r\n \r\n(a) loses any Government or service property of which he has the charge or  \r\nwhich has been entrusted to his care, or which forms part of property of  \r\nwhich he has the charge or which has been entrusted to his care ; \r\n \r\n(b) by negligence destroys or damages any Government or service property or  \r\nallows any such property to be destroyed or damaged ; or \r\n \r\n(c) wastefully expends any such property, \r\n \r\nshall be liable to suffer short imprisonment 1[and shall also be liable to fine]. \r\n \r\nExplanation. It shall be a defence for a person charged under this section with losing \r\nany property that he took reasonable steps for its care and preservation. \r\n \r\n \r\n1Added by Act 9 of 05, ss 5-7. \r\nPage 31 of 71 \r\n \r\n(xii) Miscellaneous offences \r\n \r\n66. Unauthorised disclosure of information. Every person subject to this Ordinance  \r\nwho without lawful authority wilfully discloses or purports to disclose whether orally, in writing,  \r\nby signal or by any other means  whatsoever, any information which  has been  entrusted in \r\nconfidence to him or to which he has access owing to his position shall be liable to suffer short  \r\nimprisonment. \r\n \r\n67. Falsification of documents. Every person subject to this Ordinance who, \r\n \r\n(a) makes or sign s any muster, record or other official document which is to  \r\nhis knowledge false in a material particular ; \r\n \r\n(b) alters any such document so that it is to his knowledge false in a material  \r\nparticular ; or \r\n \r\n(c) connives at the commission by another person subject to this Ordinance of \r\nan offence against this section (whether or not he knows the nature of the  \r\ndocument in relation to which that offence is committed), \r\n \r\nshall be liable to suffer short imprisonment. \r\n \r\n68. Signing in blank and failure to report. Every person subject to this Ordinance \r\nwho, \r\n \r\n(a) when signing any document relating to pay, arms, ammunition, equipment, \r\nclothing, supplies or stores, or any property of  the Government, fraudulently \r\nleaves in blank any material part for which his signature is a voucher ; or \r\n \r\n(b) refuses or by culpable neglect omits to make or send a report or return which it is  \r\nhis duty to make or send, \r\n \r\nshall be liable to suffer short imprisonment. \r\n \r\n69. False answers on enrolment. Every person having become subject to this Ordinance \r\nby enrolment who is discovered to have made at the time of his enrolment a wilfully false answer  \r\nto any question set forth in the prescribed form of enrolment, shall be liable to suffer short  \r\nimprisonment. \r\n \r\n70. Unbecoming conduct by officers. Every officer subject to this Ordinance who \r\nbehaves in a manner unbecoming his position and the character expected of him, shall be liable \r\nto be dismissed from the service. \r\n \r\n71. Disgraceful conduct. Every person subject to this Ordinance who is guilty of any  \r\ndisgraceful conduct of a cruel, indecent or unnatural kind, shall be liable to suffer short \r\nimprisonment. \r\n \r\n72. False accusation. Every person subject to this Ordinance who, \r\nPage 32 of 71 \r\n \r\n(a) makes a false accusation 1[,not amounting to qazf,] against any person \r\nsubject to this Ordinance knowing or having reason to believe such \r\naccusation to be false ; or \r\n \r\n(b) in making a complaint under section 23 makes any statement affecting the  \r\ncharacter of any person subject to this Ordinance, 1[not amounting to qazf,] \r\nknowing or having reason to believe such statement to be false ; or \r\nknowingly and wilfully suppresses any material facts, \r\n \r\nshall be liable to suffer short imprisonment. \r\n \r\n73. Offences in relation to courts-martial 2[or court of appeals.] (1) Every person \r\nsubject to this Ordinance who, \r\n \r\n(a) having been duly summoned or ordered to attend before a court-martial \r\n2[or court of appeals], fails to comply with the summons or order ; \r\n \r\n(b) refuses, to take an oath or make an affirmation when duly required by a  \r\ncourt-martial to do so ; \r\n \r\n(c) refuses to produce any document in his custody or under his control which  \r\na court-martial has lawfully required him to produce ; \r\n \r\n(d) when a witness, refuses to answer any question which a court -martial has \r\nlawfully required him to answer ; \r\n \r\n(e) wilfully insults any person, being a member of a court-martial 2[or court of \r\nappeals]or witness or any other person whose duty it is to attend on or  \r\nbefore the Court, while that person is acting as a member thereof or is so  \r\nattending, or while that person is going to or returning from the \r\nproceedings of the Court ; or \r\n \r\n(f) wilfully interrupts the proceedings of a court-martial 2[or court of appeals], \r\nor otherwise misbehaves before the Court, \r\n \r\nshall be liable to suffer short imprisonment. \r\n \r\n(2) Where an offence against sub -section (1) is committed in relation to a court -martial \r\n2[or court of appeals] and the Court is of opinion that it is expedient that the offender should be  \r\ndealt with summarily by the Court instead of being brought to trial before anoth er court-martial, \r\nthe Court may by order under the hand of its president sentence him to imprisonment or (except \r\nin the case of an officer) detention, for a term not exceeding twenty-one days. \r\n \r\n \r\n1Ins. by the Pakistan Navy (Amdt.), Ordinance, 1984 (37 of 1984) s.7. \r\n2Added and ins. by ibid., s. 8. \r\nPage 33 of 71 \r\n \r\n74. False evidence. Every person subject to this Ordinance who, having been lawfully  \r\nsworn or affirmed as a witness or as an interpreter in proceedings before a court-martial or before \r\nany board or person having power by virtue of this Ordinance to administer an oath or \r\naffirmation, makes a statement material in those proceedings which he knows to be false or does  \r\nnot believe to be true, shall be liable to suffer long imprisonment. \r\n75. Conduct to the pre judice of naval discipline. Every person subject to this Ordinance  \r\nwho is guilty of any act,  disorder or neglect to  the prejudice of good order and naval  discipline \r\nnot described in the foregoing provisions of this Ordinance, shall be liable to suffer short \r\nimprisonment. \r\n(xiii) Attempts and Abetments \r\n76. Attempts to commit naval offence . Every person subject to this Ordinance who  \r\nattempts to commit any of the offences specified in the foregoing provisions of this Ordinance, or \r\nto cause such an offence to be committed, and in such attempt does any act towards the \r\ncommission of the offence shall, where no express provision is made by this Ordinance for the  \r\npunishment of such attempt be liable, \r\n \r\n \r\n(a)  if the offence attempted to be committed is punishable with de ath, to suffer long  \r\nimprisonment ; \r\n(b)  if the offence attempted to be committed is punishable with imprisonment, to  \r\nsuffer imprisonment for a term which may extend to one -half of the longest term  \r\nprovided for that offence ; and \r\n(c) if the offence attempted to be committed is punishable with dismissal from the  \r\nservice, to suffer any punishment lower than dismissal in the scale of punishments  \r\nprovided in section 80. \r\n77. Abetment of offences. Every person subject to this Ordinance who abets the \r\ncommission of any of the offences specified in the foregoing provisions of this Ordinance shall,  \r\nwhether the act abetted is committed or not in consequence of the abetment and where no express \r\nprovision is made by this Ordinance for the punishment of such abetment, be liable to suffer the  \r\npunishment provided for that offence. \r\n \r\n(xiv) Civil offences \r\n78. Civil offences triable by naval tribune,. (1) Subject to the provisions of section 79 \r\nevery person subject to this Ordinance who at any place in or beyond Pakistan commits any civil \r\noffence shall be deemed to be guilty of  an offence against this Ordinance and, if charged \r\ntherewith under this section, shall be liable to be tried by a naval tribunal, and, on conviction, be  \r\npunishable as follows, that is to say, \r\n(a) if the offence is one which would be punishable under the law in force in Pakistan  \r\nwith death or with 1[imprisonment for life], he shall be liable to suffer any \r\npunishment, other than 2* * whipping, assigned for the offence by the \r\naforesaid law and such less punishment as is in this Ordinance mentioned: \r\n \r\n \r\n1Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and Sch., II, for “transportation”. \r\n2The words “transportation or omitted ibid. \r\nPage 34 of 71 \r\n \r\n1[* * * * * * *] \r\n \r\n(b) in any other case, he shall be liable to suffer any punishment, other than  \r\nwhipping 2[(except where is liable to whipping as hadd under any Islamic \r\nlaw)], assigned for the offence by any law in force in Pakistan, or to suffer  \r\nshort imprisonment or such less punishment as is in this Ordinance \r\nmentioned 2[:] \r\n \r\n2[Provided that, where the offence of which any such person is found guilty is an  \r\noffence liable to  hadd under any Islamic law, the punishment awarded  to him  \r\nshall be that provide for the offence in that law.] \r\n \r\n(2) A person subject to this Ordinance may be charged with an offence under this section  \r\nnotwithstanding that he could on the same facts be charged with an offence under any other  \r\nsection of this Ordinance. \r\n \r\n3[(3) Notwithst anding anything contained in this Ordinance or in any other law for the  \r\ntime being in force, a person who becomes subject to this Ordinance by reason of his being  \r\naccused of an offence mentioned in sub -section (3) of section 2 shall be liable to be tried b y a \r\nnaval tribunal or otherwise dealt with under this Ordinance for such offence as if the offence \r\nwere an offence against this Ordinance and were committed at a time when such person was  \r\nsubject to this Ordinance; and the provisions of this section shall have effect accordingly.]. \r\n \r\n79. Civil offences triable by naval tribunal under special circumstances. A person  \r\nsubject to this Ordinance who commits an offence of murder against a person not subject to  \r\nservice law, or of culpable homicide not amounting to murder against such a person, or of  4[Zina \r\nor Zina-bil-jabr] in relation to such a person, shall be deemed to be guilty of  an offence under  \r\nthis Ordinance and shall be tried by a naval tribunal, provided he commits any of the said  \r\noffences, \r\n \r\n(a) while on active service ; 5[or] \r\n \r\n(b) at any place outside Pakistan ; or \r\n \r\n(c) at any place specified by the 6[Federal Government] by notification in this \r\nbehalf. \r\n \r\n \r\n \r\n \r\n \r\n1Omitted by Ord. LXII of 2000, s.3. \r\n2Ins., subs. and added by Pakistan Navy (Admt.) Ord. 1984, (37 of 1984), s. 9. \r\n3Added by the Defence Services Laws (second Amdt.) Ordinance, 1967 (4 of 1967), s. 4. \r\n4Subs. by Pak. Navy (Amdt.), Ord. 1984 (37 of 1984), s. 10, for “rape”. \r\n5Added by the Pakistan Navy (Amdt.) Ordinance, 1980 (55 of 1980), s. 12. \r\n6Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”. \r\n \r\n \r\n \r\nPage 35 of 71 \r\n \r\nCHAPTER VII. PUNISHMENTS \r\n \r\n1[80. Scale of punishments. (1) Subject to the provisions of this and the next following \r\nsection, the following are the punishments which may be awarded to persons convicted of \r\noffences under this Ordinance, that is to say : \r\n \r\n(a) stoning to death ; \r\n \r\n(b) death ; \r\n \r\n(c) amputation of hand, foot or both ; \r\n \r\n(d) long imprisonment ; \r\n \r\n(e) short imprisonment ; \r\n \r\n(f) whipping ; \r\n \r\n(g) any other punishment provided for in any Islamic law ; \r\n \r\n(h) dismissal from service ; \r\n \r\n(i) detention ; \r\n \r\n(j) fine ; \r\n \r\n(k) forfeiture of seniority in rank in the case of officers ; \r\n \r\n(l) forfeiture of time for promotion in the case of officers of, and below the  \r\nrank of, Lieutenant ; \r\n \r\n(m) reduction in rank in the case of subo rdinate officers and disrating in the  \r\ncase of chief petty officers and sailors ; \r\n \r\n(n) forfeiture of pay, bounty, salvage, prize money and allowances earned by,  \r\nand of all annuities, pensions, gratuities, medals and decorations, granted  \r\nto, the offender or any one or more of the above punishments ; \r\n \r\n(o) forfeiture of all clothes and effects left by the deserter on board the ship or  \r\nestablishment to which he belongs; \r\n \r\n(p) penal deductions ; \r\n \r\n(q) dismissal from the ship to which the offender belongs ; \r\n \r\n \r\n1Subs. by Ord. 37 of 1984, s. 11, for section 80, which was previously amended by Ord. 55 of 1980. s. 13. \r\nPage 36 of 71 \r\n \r\n(r) severe reprimand or reprimand ; and \r\n \r\n(s) such minor punishments as may be prescribed. \r\n \r\n(2) In its application to a convicted person who is an officer, sub -section (1) shall have  \r\neffect as if clauses (i) and (s) thereof were omitted ; and in its application to a convicted person  \r\nwho is a chief petty officer or sailor that sub -section shall have effect as if clauses (k ) and (l)  \r\nthereof were omitted. \r\n \r\n(3) A person shall not be sentenced to stoning to death, amputation of hand, foot or both  \r\nor whipping except in respect of an offence of which he is convicted under an Islamic law.] \r\n \r\n81. Provision as to award of punishment. \r\ninvolve, \r\n(1) A sentence of imprisonment shall \r\n \r\n(a) in all cases, stoppage of pay during the term of imprisonment ; \r\n \r\n(b) in the case of an officer, dismissal from the service ; \r\n \r\n(c) in the case of a 1[chief petty officer or sailor], disrating and deprivation of \r\ngood conduct badges and may be accompanied by a sentence of dismissal  \r\nfrom the service. \r\n \r\n2[(1A) A sentence of amputation of hand, foot or both or whipping shall involve dismissal \r\nfrom the service.] \r\n \r\n(2) The sentence of dismissal from the service may be accompanied by a sentence of  \r\nforfeiture of all or any part of the pay, bounty, salvage 3[, prize money]  and allowances earned  \r\nby, and of all annuities and medals, granted to the offender; \r\n \r\nProvided that the forfeiture shall not apply, except in the case of deserters, to moneys \r\nwhich should have been paid on the last pay day preceding conviction. \r\n \r\n(3) The punishment of dismissal from the service shall in the case of persons who hold  \r\nany lien on appointments in the army or air force or civil service, involve dismissal from such  \r\narmy, air force or civil service. \r\n \r\n(4) Detention may be awarded for any term not exceeding six months ; and a sentence of  \r\ndetention shall in all cases involve stoppage of pay during the term of detention, and disrating. \r\n \r\n(5) The punishment of forfeiture of seniority shall be imposed in the substantive rank held \r\nat the date of the sentence, and shall involve a corresponding forfeiture of seniority in every  \r\nhigher acting rank subject always to the condition that forfeiture o f seniority in any rank shall in  \r\nno case exceed the seniority in that rank at the date of the sentence. \r\n \r\n \r\n1Subs. by the Pakistan Navy (Amdt.) Ordinance, 1980’ (55 of 1980) s.14.for “rating”. \r\n2Ins. by the Pakistan Navy (Amdt.) Ordinance, 1984 (37 of 1984), s. 12. \r\n3Ins. by Ord. 55 of 1980 s. 14. \r\nPage 37 of 71 \r\n \r\n(6) The punishment of forfeiture of seniority shall involve the loss of the benefit of  \r\nservice included in the seniority forfeited for the purposes of pension, gratuity, promotion and  \r\nsuch other purposes as may be prescribed, provided that such pension, gratuity and promotion \r\nand other purposes depend upon such service. \r\n \r\n(7) The punishment of forfeiture of time for promotion shall delay the promotion by the  \r\ntime specified. \r\n \r\n1[(8) A sentence of reduction in rank or disrating may reduce the offender to any rank or  \r\nrate not lower than that prescribed in relation to persons of the class to which he belongs, and  \r\nreferences in sub -sections (1) and (4) to disrating are references to reduction to the rate so  \r\nprescribed.] \r\n \r\n \r\n2[(8A) On reduction in rank or disrating, the offender shall be placed at the bottom of the  \r\nlist of seniority in the new rank or rate and shall be promoted again or re -advanced to the next  \r\nhigher rank or rate under normal rules unless otherwise specified: \r\n \r\nProvided that, on such promotion or re -advancement, he shall be entitled to the benefit of  \r\nthe service rendered by him in the former rank or rate prior to his reduction or disrating.] \r\n \r\n(9) Penal deductions mean deductions as specified hereinafter in this Ordinance and may  \r\naccompany a sentence of imprisonment. \r\n \r\n(10) Subject to the provisions of this Ordinance a naval tribunal may, on conviction,  \r\naward either the punishment specified by this Ordinance as the penalty for an offence, or in lieu \r\nthereof, any one or more of the punishments inferior in degree to the specified punishment,  \r\naccording to the scale of punishments laid down in sub-section (1) of section 80. \r\n \r\n \r\n \r\nCHAPTER VIII PENAL DEDUCTIONS \r\n \r\n82. Deductions from pay and allowances of officers and 3[, chief petty officers and  \r\nsailors]. Subject to the provisions of this Chapter the following deductions may be made from \r\nthe pay and allowances of an officer 4[chief petty officers or sailors] without recourse to trial by a \r\nnaval tribunal, namely : \r\n \r\n(a) all pay and allowances for every day of absence without leave unless a  \r\nsatisfactory explanation is given to the commanding officer and approved,  \r\nin case of officers, by the 5[Chief of the Naval Staff] ; \r\n \r\n(b) all pay and allowances, for every day while he is in civil or naval custody  \r\nor under suspension from duty on a charge for an offence of which he is  \r\nafterwards convicted by a naval tribunal or a criminal Court and sentenced  \r\nto imprisonment ; \r\n \r\n1Subs. by Ord. ss, of 1980, s.14 sub section (8) \r\n2Ins. by the Pakistan Navy (Amdt.) Ordinance, 1980 (55 of 1980), s. 14. \r\n3Subs. ibids 15, for “and ratings”. \r\n4Subs. ibid., for “or rating”. \r\n5Subs. by F.A.O., 1975., Art. 2 and Sch., for “Commander-in-chief”. \r\nPage 38 of 71 \r\n \r\n(c) all pay and allowances for every day while he is in hospital on account of  \r\nsickness certified by the prescribed medical officer to have been caused by  \r\nan act amounting to an offence punishable under this Ordinance: \r\n \r\nProvided that such certificate is accepted by the 1[Chief of the Naval Staff] or, in case of a \r\n2[chief petty officer or sailor], by the prescribed officer ; \r\n \r\n(d) any sum required to make good any loss, damage or destruction of \r\nGovernment or service property which after due investigation appears to  \r\nthe 1[Chief of the Naval Staff]  or the prescribed officer to  have been  \r\noccasioned by the wrongful act or negligence on the part of the officer  \r\n2[,chief petty officer or sailor] as the case may be; \r\n \r\nProvided that the total deductions made under this clause shall not in any case exceed his \r\npay and allowances for three months; \r\n \r\n(e) any sum which after due investigation appears to the prescribed officer to  \r\nbe due to a service mess or canteen; and \r\n \r\n(f)       any sum which a criminal Court or the 3[Federal Government] 4[or the \r\nChief of the Naval Staff] orders him to pay for the maintenance of his wife  \r\nor legitimate or illegitimate children. \r\n \r\n83. Limit of certain deductions. Except when the deductions are made under clauses (a) \r\nand (b) of the last preceding section, the total deductions from the pay and allowances of an  \r\nofficer 2[,chief petty officer or sailor] shall not exceed in any one month, one -half of his pay and  \r\nallowances for that month. \r\n \r\n84. Pay and allowances during trial. In the case of any person subject to this Ordinance  \r\nwho is in naval or civil custody on a charge for an offence, the prescribed officer may direct that  \r\nthe whole or any part of the pay and allowances of such person shall be  withheld, pending the  \r\nresult of his trial on the charge against him: \r\n \r\nProvided that no part of the pay and allowances shall be withheld in the absence of any \r\nsuch direction. \r\n \r\n85. Deduction from money due to person. Any sum authorised by this Ordinance to be \r\ndeducted from the pay and allowances of any person  may, without prejudice to any other mode  \r\nof recovering the same, be deducted from any money due to him from Government other than a  \r\npension. \r\n \r\n86. Pay and allowances of prisoner of war during inquiry into his conduct.-Where \r\nthe conduct of any person subject to this Ordinance when being taken prisoner by, or while in the  \r\nhands of, the enemy, is to be inquired into under this Ordinance or any other law, the 1[Chief of \r\nthe Naval Staff] or any officer authorised by him may order that the whole or any part of the pay  \r\nand allowances of such person shall be withheld pending the result of such inquiry. \r\n \r\n1Subs. by F.A.O., 1975, Art. 2 and Sch, for “Commander-in-Chief. \r\n2Ins. by Pakistan Navy (Amdt.) Ordinance 1980 (55 of 1980), s. 15. for “rating”. \r\n3Subs. by F.A.O., 1975,”. Art. 2 and Table, for “Central Government”. \r\n4Ins. by Ord. 55 of 1980 s. 15. \r\nPage 39 of 71 \r\n \r\n87. Remission of deductions. (1) Any deductions from the pay and allowances \r\nauthorised by or under this Ordinance may be remitted by the 1[Chief of the Naval Staff], in his \r\ndiscretion. \r\n \r\n(2) Such deductions may also be remitted in such manner and to such extent and by such \r\nauthority as may be prescribed. \r\n \r\n88. Provision for dependants of prisoner of war from his pay and allowances. (1) It \r\nshall be lawful for proper provision to be made by the prescribed authorities for any dependants  \r\nof any person subject to this Ordinance, who is a prisoner of war or is missing out of his pay and \r\nallowances. \r\n \r\n(2) For the purpose of this section, a person shall be deemed to continue to be a prisoner \r\nof war until  the conclusion of any inquiry into his conduct such  as is referred to in section 86, \r\nand if he is dismissed from the service in consequences of such conduct, until the date of such  \r\ndismissal. \r\n \r\nCHAPTER IX. ARREST AND PROCEEDINGS BEFORE TRIAL. \r\n \r\n89. Duty to bring offenders to justice and powers of arrest. (1) It shall be the duty of \r\nevery person subject this Ordinance who knows or has reasonable grounds for suspecting that  \r\nanother person subject thereto is committing or has committed  an offence under this Ordinance  \r\nto take all reasonable steps within his power to cause that person to be brought to justice. \r\n \r\n(2) The following persons shall have power to arrest a person subject to this Ordinance  \r\nwho is found committing or is alleged to have committed or is reasonably suspected of having  \r\ncommitted any such offence as aforesaid, that is to say: \r\n \r\n(a) In case of an officer, an officer subject to this Ordinance who is his \r\nsuperior officer, or, if the person to be arrested is engaged in a quarrel,  \r\naffray or disorder, any officer subject to this Ordinance; \r\n \r\n(b)  in the case of a 2[chief petty officer or sailor], an officer subject to this  \r\nOrdinance, a chief petty officer, petty officer or a leading 3[rate] subject to \r\nthis Ordinance who is of superior rate or senior  to him in the same rate,  \r\nand any 1[chief petty officer or sailor] exercising the authority as a \r\nmember of the regulating staff or as a, member of the staff of the officer of  \r\nthe watch ; \r\n \r\n(c) in any case, a provost officer or any officer or person legally exercising  \r\nauthority under or on behalf of a provost officer: \r\n \r\n \r\n \r\n1Subs. by F.A.O., 1975, Art. 2 and Sch, for “Commander-in-Chief”. \r\n2Subs. by the Pakistan Navy (Amdt.) Ordinance, 1980 (55 of 1980), s. 17, for “rating”. \r\n3Subs. ibid., for “rating”. \r\nPage 40 of 71 \r\n \r\nProvided that an officer shall not be arrested by virtue of clause (c) except on the order of \r\nanother officer. \r\n \r\n(3) Any power of arrest under this section may be exercised either personally or by \r\nordering into arrest the person to be arrested or by giving orders of that person’s arrest. \r\n \r\n90. Provision for avoiding delay after arrest. (1) Where any person subject to this \r\nOrdinance is placed under arrest, it shall be the duty of his commanding officer to ensure that as \r\nsoon as may be either the proceedings are taken for his trial or he is released from arrest. \r\n \r\n(2) Every person subject to this Ordinance who has been taken into naval custody and  \r\nkept under close arrest shall be produced before his commanding officer within a period of 48  \r\nhours of such arrest, excluding the time necessary for the journey from the place of arrest to the  \r\ncommanding officer, and no such person shall be detained in custody beyond the said period  \r\nwithout authority of the commanding officer. \r\n \r\n(3) Whenever any person subject to this Ordinance having been taken into naval custody,  \r\nremains, under close arrest for a period longer than eight days without being tried summarily or a  \r\nCourt for his trial being ordered to assemble, a special report on the necessity for further delay  \r\nshall be made by his commanding officer to the 1[Chief of the Naval Staff] and a similar report  \r\nshall be so made every eight days until the person under arrest is released from arrest or tried  \r\nsummarily or such a Court is ordered to assemble. \r\n \r\n91. Duty to receive or keep in custody. (1) The commanding officer shall be \r\nresponsible for the safe custody of every person who is in naval custody on board his ship or in \r\nhis establishment. \r\n \r\n(2) The officer 2[, chief petty officer or sailor] in charge of a guard, or a provost-marshal \r\nshall receive and keep any person who is duly committed to his custody. \r\n92. Procedure before trial. Subject to the provisions of this Ordinance the procedure \r\nbefore trial and the manner of investigation shall be as prescribed. \r\n93. Arrest under warrants of naval authorities. (1) A warrant for the arrest of a \r\nperson suspected of any offence under this Ordinance may be issued in the prescribed form by \r\nthe 1[Chief of the Naval Staff], his commanding officer or any other officer empowered by the  \r\n1[Chief of the Naval Staff] in this behalf, and it shall be executed as if it has been issued  by a \r\nMagistrate of competent jurisdiction. \r\n(2) Every person, to whom such a warrant is issued, shall take steps to execute the  \r\nwarrant and arrest the offender and shall, as soon  as may be, arrest the  person and deliver him  \r\ninto naval custody. \r\n(3) A person authorised to arrest an offender may use such force as may be necessary for  \r\nthe purpose of affecting such arrest. \r\n94. Provost-Marshals. (1) Provost-marshals may be appointed by the 1[Chief of the \r\nNaval Staff], or by any prescribed officer. \r\n \r\n \r\n1Subs. by F.A.O., 1975, Art. 2 and Sch, for “Commander-in-Chief”. \r\n2Subs. by the Pakistan Navy (Amdt.) Ordinance, 1980 (55 of 1980), s. 18, for “ or rating”. \r\nPage 41 of 71 \r\n \r\n(2) The duties  of a Provost -marshal are to  take charge of  persons confined for any  \r\noffence, to preserve good order and discipline, and to prevent breaches of the same by persons  \r\nserving in, or attached to the Navy. \r\n \r\n(3) A Provost-marshal may at any time arrest  and detain for trial any person subject to  \r\nthis Ordinance who commits, or is charged with, an offence, and may also carry into effect any  \r\npunishment to be inflicted in pursuance of the sentence awarded by a naval tribunal but shall not  \r\ninflict any punishment on his own authority: \r\n \r\nProvided that no officer shall be so arrested or detained otherwise than on the order of \r\nanother officer. \r\n \r\nExplanation. For the purposes of sub-sections (2) and (3), a “Provost-marshal” shall be \r\ndeemed to include a Provost -marshal appointed under the Pakistan Army Act, 1952 (XXXI of  \r\n1952), or the Pakistan Air F orce Act, 1953 (VI of 1953), and any person legally exercising  \r\nauthority under him or on his behalf. \r\n \r\n \r\n \r\n \r\nCHAPTER X. AUTHORITIES HAVING POWER TO AWARD PUNISHMENT \r\n \r\n95. Naval tribunal. \r\ntribunal, namely : \r\n(l) An offence triable under this Ordinance shall be tried by a naval \r\n \r\n(a) general court-martial, \r\n \r\n(b) district court-martial, \r\n \r\n(c) summary general court-martial, \r\n \r\n(d) commanding officer, or such other officer or authority exercising powers \r\nof summary trial and punishment as may be prescribed. \r\n \r\n(2) A trial by a naval tribunal under the provisions of this Ordinance shall be deemed to \r\nbe a judicial proceeding within the meaning of sections 193 and 228 of the Pakistan Penal Code  \r\n(Act XLV of 1860), and the naval trib unal shall be deemed to be a Court within the meaning of  \r\nsections 480 and 482 of the Code of Criminal Procedure, 1898 (Act V of 1898). \r\n \r\n96. General court-martial. (1) A general court-martial may be convened by the 1[Chief \r\nof the Naval Staff] or any prescribed officer empowered in this behalf and to such extent as may \r\nbe specified in the warrant issued under the hand of the 1[Chief of the Naval Staff]. \r\n \r\n(2) A general court-martial shall have an officer not below the substantive rank of \r\ncommander as president and shall have power to try any person subject to this Ordinance for any  \r\noffence punishable therein and to pass any sentence authorised thereby. \r\n \r\n1Subs. by F.A.O., 1975, Art. 2 and Sch. for “Commander-in-Chief”. \r\nPage 42 of 71 \r\n \r\n97. District court-martial. (1) A district court-martial may be convened by any \r\nauthority having power to convene a  general court-martial or any prescribed officer empowered  \r\nin this behalf and to such extent as may be specified in the warrant issued under the hand of the  \r\n1[Chief of the Naval Staff]. \r\n \r\n(2) A district court-martial shall have an officer not below the substantive rank of \r\nlieutenant commander as president and shall have power to try any person subject to this \r\nOrdinance, who is of the rank of lieutenant or below or a 2[chief petty officer or sailor],  and to \r\npass any sentence authorised by this Ordinance not exceeding, \r\n \r\n(a) in the case of an officer, forfeiture of seniority in rank or forfeiture of time \r\nfor promotion for a period of one year; and \r\n \r\n(b) in the case of a 2[chief petty officer or sailor], short imprisonment. \r\n \r\n98. Summary general court-martial. \r\nconvened \r\n(1) A summary general court-martial may be \r\n \r\n(a) by any authority having power to convene a general court -martial or any  \r\nprescribed officer empowered in this behalf and to such extent as may be  \r\nspecified in the warrant issued under the hand of the 1[Chief of the Naval  \r\nStaff]. \r\n \r\n(b) on active service, by an officer c ommanding a flotilla or squadron not  \r\nbelow the substantive rank of commander, if in the opinion in writing of  \r\nsuch officer commanding which opinion shall be final, it is not practicable, \r\nhaving regard to discipline and the exigencies of the service, to try  the \r\nalleged offender by a general or district court-martial. \r\n \r\n(2) A summary general court-martial shall have an officer not below the substantive rank  \r\nof a lieutenant commander as president and shall have power to try any person subject to this  \r\nOrdinance for any offence punishable therein and to pass any sentence authorised thereby. \r\n \r\n99. Composition of courts-martial. (1) A court-martial shall consist of such number of \r\nofficers of any branch of the Pakistan Navy, who have held commissions for a period of not less  \r\nthan three years and who are of or above the rank of lieutenant as the authority ordering the  \r\ncourt-martial may fix, subject to the following limits, namely : \r\n \r\n(a) a general court-martial shall consist of not less than five and not more than \r\nnine such officers; \r\n \r\n(b) a district court-martial shall consist of not less than three and not more \r\nthan seven such officers; and \r\n \r\n1Subs. by F.A.O., 1975, Art.2 and Sch. for “Commander-in-Chief”. \r\n2Subs. by the Pakistan Navy (Amdt.) Ordinance, 1980 (55 of 1980), s. 19, for “rating”. \r\nPage 43 of 71 \r\n \r\n(c) a summary general court-martial shall consist of not less than three and not \r\nmore than five such officers. \r\n \r\n(2) The president and other members of a court -martial, and such spare members as the  \r\nauthority ordering the court -martial considers appropriate for the purpose of filling vacancies,  \r\nshall be nominated by that authority. \r\n \r\n(3) The officer who orders a court-martial shall not be a member of the court -martial; and \r\nno court-martial shall consist of officers all of whom belong to the same ship or naval \r\nestablishment. \r\n \r\n(4) A court-martial for the trial  of an officer shall  not include more than one member,  \r\nwho is below the rank of such officer. \r\n \r\n1[99A. Members of court-martial and presiding officer of court of appeals to be Muslims. In \r\nthe trial of a person subject to this Ordinance, who is a Muslim, by a court -martial for an offence \r\npunishable under an Islamic law, the president, the judge advocat e and the members, including  \r\nthe spare members, of the court -martial, the confirming officer and the presiding officer of the  \r\ncourt of appeals shall all be Muslims.] \r\n \r\n100. Judge Advocate.__(1) Every general court-martial shall, and every district or \r\nsummary general court -martial may, be attended by a judge advocate, who shall be either an  \r\nofficer belonging to the department of the judge advocate General, or if no such officer is  \r\navailable, a fit person appointed by the convening officer. \r\n \r\n(2) No general court-martial, and no district or summary general court -martial to which a \r\njudge advocate has been appointed shall proceed with the trial in the absence of the judge  \r\nadvocate. \r\n \r\n101. Quorum and dissolution of courts-martial. (1) If at any time after a court-martial \r\nhas been sworn and before the president has signed the finding and sentence, if any, the president \r\nor the judge advocate dies or is otherwise unable to attend, the court shall be dissolved. \r\n \r\n(2) The proceedings of a court -martial shall be valid notwithstanding the absence of one  \r\nor more of the members other than the president, so long as the number of members present  \r\nthroughout the proceedings is not reduced below the minimum required by this Ordinance to  \r\nconstitute the court; otherwise the court shall be dissolved. \r\n \r\n(3) Where any member is absent the court shall be adjourned, unless it is allowed to  \r\nproceed without such member by the convening authority, in which case such member shall not \r\nat any subsequent stage sit on that court. \r\n \r\n(4) The officer who convened a court-martial may dissolve  such court-martial, if it \r\nappears to him that the exigencies of the service or the necessities or discipline render it \r\nimpossible or inexpedient to continue the trial. \r\n \r\n1Ins. by the Pakistan Navy (Amdt.) Ordinance, 1984 (37 of 1984), s. 13. \r\nPage 44 of 71 \r\n \r\n \r\n(5) Where a court-martial is dissolved under this section the accused may be tried by a \r\ncourt-martial constituted afresh. \r\n \r\n102. Powers of commanding officers in respect of summary trial. (1) Subject to the \r\nprovisions of this section, a 1[Chief petty officer or sailor] may be summarily tried by the officer  \r\nin command of the naval ship or naval establishment to which the offender belongs either at the  \r\ntime of the commission of the offence or at the time of the trial, and may be awarded such  \r\npunishment as may be prescribed. \r\n \r\n(2) This section applies to every offence under this Ordinance other than an offence \r\npunishable with death 2[or with hadd under any Islamic law]. . \r\n \r\n(3) A commanding officer shall not have power under this section to award a sentence of \r\nimprisonment or detention for any term exceeding three months. \r\n \r\n(4) The power conferred by sub-section (1) on the officer in command of a ship or \r\nestablishment may, subject to rules be exercised, \r\n \r\n(a) in respect of persons on board a single tender or boat which is absent from  \r\nthe ship or establishment on detached service, by the officer in  command \r\nof that tender or boat; \r\n(b)  in respect of persons on board any one of two or more tenders or boats  \r\nwhich are absent as aforesaid on detached service in company or acting  \r\ntogether, by the officer in immediate command of those tenders or boats; \r\n \r\n(c)  in respect of other persons absent from the ship or establishment on \r\ndetached service either on shore or elsewhere, by the officer in immediate  \r\ncommand of those persons; and \r\n \r\n(d) in respect of 1[chief petty officers or sailors] attached to or serving with \r\nany body of the regular army or the air force under prescribed conditions,  \r\nby the commanding officer of any such body. \r\n \r\n(5) The power conferred on any officer by sub -section (1) or sub -section (4) may be  \r\ndelegated by that officer to any other officer to  such extent and subject,  to such conditions as  \r\nmay be prescribed. \r\n \r\n103. Powers of other authorities in respect of summary trial. The 3[Chief of the Naval \r\nStaff] or any prescribed officer empowered by him in the behalf may in the prescribed manner  \r\nand to such extent as may be specified  by the  3[Chief of the  Naval Staff], summarily try an  \r\nofficer of the rank of lieutenant  or below  charged with an offence under this  Ordinance and  \r\naward any punishment authorised by this Ordinance not exceeding forfeiture of seniority in rank  \r\nor forfeiture of time for promotion for period of six months. \r\n \r\n \r\n1Subs by the Pakistan Navy (Amdt.) Ordinance, 1980 (55 of 1980), s.20, for “rating” \r\n2Added by the Pakistan Navy (Amdt.) Ordinance, 1984 (37 of 1984), s. 14 \r\n3Subs. by F.A.O., 1975, Art.2 and Sch. For “Commander-in-Chief”. \r\nPage 45 of 71 \r\n \r\n104. Place of trial. Any person subject to this Ordinance and charged with and offence \r\nunder this Ordinance may be tried and punished at any place whatsoever. \r\n \r\n105. Period of limitation for trial. (1) Save as provided in subsection (2), no trial by \r\nnaval tribunal of any person subject to this Ordinance for any offence shall be commenced after \r\nthe expiration of period of three years from the date of the commission of such offence. \r\n \r\n(2) The provisions of subs-section (1) shall not apply to a trial for an offence of desertion \r\nor fraudulent enrolment or for any of the offences relating to mutiny 1[or espionage] 2[or for any \r\nof those mentioned in section 63]. \r\n \r\n(3) In computing the period of time mentioned in sub -section (1), any time spent by such  \r\nperson as a prisoner of war, or in any enemy territory, or in evading arrest after the alleged  \r\ncommission of the offence, shall be excluded. \r\n \r\n(4) Notwithstanding anything contained in sub -section (2), no trial for an offence of  \r\ndesertion (other than desertion on active service) or of fraudulent enrolment shall be commenced, \r\nif the person concerned (not being an officer) has, subsequently to the alleged commission of the  \r\noffence, served continuously in an exemplary manner for not less than three years with any  \r\nportion of the armed forces. \r\n \r\n106. Liability of offender who ceases to be subject to this Ordinance. -(1) Subject to  \r\nthe provisions of this section, a person who has ceased to be subject to this Ordinance may be  \r\ntried under this Ordinance for any offence committed while subject to this Ordinance and may \r\nfor that purpose be arrested and kept in naval custody as if he had not ceased to be subject \r\nthereto. \r\n \r\n(2) Save as provided in sub -section (3), no such person as aforesaid shall be tried for an  \r\noffence, unless his trial commences within six months of his ceasing to be subject to this \r\nOrdinance. \r\n \r\n(3) The provisions of sub -section (2) shall not apply to the trial of any such person as  \r\naforesaid for an offence of desertion or fraudulent enrolment or for any of the offences relating to \r\nmutiny 1[or espionage] 2[or for any of those mentioned in section 63]. \r\n \r\n(4) Nothing contained in sub-section (2) shall affect the jurisdiction of a criminal Court to  \r\ntry any offence triable by such Court. \r\n \r\n(5) When a person subject to this Ordinance is sentenced by a naval tribunal to \r\nimprisonment, this Ordinance shall apply to him during the term of his sentence, though he is  \r\ndismissed from the service or has otherwise ceased to be subject to this Ordinance, and he may \r\nbe kept, removed, imprisoned and punished as if he has continued to be subject to the Ordinance. \r\n \r\n(6) When a person subject to this Ordinance is sentenced by a naval tribunal to death, this  \r\nOrdinance shall apply to him till the sentence is carried out. \r\n \r\n \r\n1Added by Ordinance, 55 of 1980, ss. 21 and 22. \r\n2Added by the Pakistan Navy (Amdt.) Ordinance, 1984 (37 of 1984) ss.15 and 16. \r\nPage 46 of 71 \r\n \r\n107. Concurrent jurisdiction  of  naval tribunal and criminal Court. (1) When a \r\nCriminal Court and naval tribunal both have jurisdiction in respect of a civil offence, it shall be \r\nin the discretion of the prescribed naval authority to decide whether the proceedings shall be  \r\ninstituted before the Court or tribunal and if that authority decides that they shall be instituted \r\nbefore a naval tribunal, to direct that the accused person shall be detained in naval custody. \r\n \r\n(2) Where it is decided to institute the proceedings before a naval tribunal under sub - \r\nsection (1) but the criminal Court is of the opinion that proceed ings ought to be instituted before  \r\nitself, it may be written notice require than prescribed naval authority to postpone the \r\nproceedings pending the determination of the matter by the 1[Federal Government], and \r\nthereupon the proceedings shall be so postponed. \r\n \r\n(3) On receiving a notice under sub -section (2), the said authority shall, unless upon  \r\nreconsideration it agrees that the proceedings shall be instituted before the criminal court, \r\nforthwith refer the matter to the 1[Federal Government] whose decision thereupon shall be final. \r\n \r\n108. Prohibition of second trial. (1) Where a person subject to this Ordinance is \r\nacquitted or convicted of an offence 2[by a court of appeals or] on trial by a naval tribunal, a  \r\ncriminal Court or a naval tribunal shall be debarred from trying him subsequently for the same  \r\noffence 3[save as provided for in this Ordinance]. \r\n \r\n(2) Where a person subject to this Ordinance is acquitted or convicted of any offence on  \r\ntrial by a criminal Court, he shall not subsequently be tried un der this Ordinance for the same  \r\noffence ; and no person so convicted shall, by reason of such conviction, be subjected to any loss  \r\nof forfeiture of seniority or of rate, of privilege in respect of leave, or of pay or service (other \r\nthan pay and service in respect of time spent in civil custody pending trial, or while attending his  \r\ntrial, or while serving any sentence of imprisonment, awarded by the criminal court) : \r\n \r\nProvided that nothing in this sub-section shall affect the power to discharge any person \r\nfrom the naval service as a person whose services are no longer required. \r\n \r\n \r\n \r\nCHAPTER XI.-PROCEDURE OF COURTS-MARTIAL \r\n \r\n109. Objections. (1) At all trials by courts-martial, as soon as this court is assembled, \r\nthe names of the president and members shall be read over in the presence of the accused, who \r\nshall thereupon be asked whether he objects to being tried by any officer sitting on the court. \r\n \r\n(2) If the accused objects to any such officer, his objection, and also the reply thereto of  \r\nthe officer objected to, shall be heard and recorded, and the remaining officers appointed as  \r\nmembers of the Court shall, in the absence of the challenged officer, decide on the objection. \r\n \r\n(3) If objection is  made in respect of  the president, and allowed by one -half or more of  \r\nthe officers entitled to vote, the Court shall adjourn until a new president is appointed by the  \r\nconvening authority. \r\n \r\n1Subs. by F.A.O., 1975, Art.2 and Table, for “Central Government”. \r\n2Ins. by the Pakistan Navy (Amdt.) Ordinance, 1984 (37 of 1984), s. 17. \r\n3Added ibid. \r\nPage 47 of 71 \r\n \r\n(4) If the objection is made in respect of any member of the Court other than the president \r\nand allowed as specified above, the member objected to shall retire, and his vacancy shall be  \r\nfilled by the first officer nominated as a spare member;,under sub-section (2) of section 99 who is \r\nqualified to be and is not already a member of the Court. \r\n \r\n(5) When no objection is made, or objection made has been disallowed, or the place of  \r\nevery officer successfully objected to has been filled by another officer to whom no objection is  \r\nmade or objection made is disallowed, the Court shall proceed with the, trial. \r\n \r\n110. Administration of oath. (1) An oath or affirmation in the prescribed form shall be \r\nadministered in open court to every member of ever court-martial and to the judge advocate, if \r\nany, before the commencement of the trial. \r\n \r\n(2) An oath or affirmation in the prescribed form shall be administered in open court to  \r\nevery officer, if any, in attendance on a court -martial for the purpose of instruction, and also to  \r\nevery short-hand writer or interpreter if any. \r\n \r\n(3) Every person giving evidence before a court -martial shall be examined after being  \r\nduly sworn or affirmed in the prescribed form: \r\n \r\nProvided that where a court -martial is satisfied that a child of tender years is unable to  \r\nunderstand the nature of an oath or affirmation, it may dispense with the administration of oath or \r\naffirmation. \r\n \r\n111. Voting by members. (1) Every decision of a court-martial shall be passed by an \r\nabsolute majority of votes; and where there is an equality of votes on either the finding or the \r\nsentence, the decision shall be in favor of the accused: \r\n \r\nProvided that no sentence of death shall be passed without the concurrence, in the case of \r\na general court -martial of at least two -thirds of the members, and in the case of a summary  \r\ngeneral court-martial of all the members of the Court 1[;] \r\n \r\n2[Provided further that, where the offence of which an accused is found guil ty is an  \r\noffence liable to hadd under an Islamic law, the sentence awarded shall be that provided for the  \r\noffence in that law.] \r\n \r\n(2) In matters other than an objection under section 109 or a finding or a sentence, the  \r\npresident shall have a second or casting vote. \r\n \r\n112. Power to convict of mitigated offence. Where higher punishment for any offence  \r\nunder this Ordinance depends upon the intent with which or the circumstances in which the  \r\noffender acts, and any person is charged with committing that offence with such intent or in such \r\ncircumstances, he may be found guilty of committing that offence without such intent or \r\ncircumstances and awarded lower punishment. \r\n \r\n113. Power to convict of alternative offence .-(I) Where a person is charged with an  \r\noffence under any provision of this Ordinance other than sections 78 and 79 but the offence is not \r\nproved, he may be found guilty of- \r\n \r\n1Subs. by the Pakistan Navy (Amdt.) Ordinance, 1984 (37 of 1984), s. 18, for full-stop. \r\n2Proviso added ibid. \r\nPage 48 of 71 \r\n \r\n(a) an attempt or abetment to commit the offence charged; or \r\n \r\n(b) an offence of the same class as the offence charged and not involving \r\ngreater punishment. \r\n \r\n(2) Where a person is charged with a civil offence under sections 78 and 79 but that  \r\noffence is not proved, he may be found guilty and convicted of any other civil offence of which  \r\nhe could be found guilty and convicted by a criminal Court in a trial for the same offence as he is  \r\ncharged with. \r\n \r\n114. General rules as to evidence. Subject to the provisions of t his Ordinance, the rules \r\nof evidence generally followed in criminal Courts shall apply to proceedings before a court - \r\nmartial. \r\n \r\n115. Judicial notice. A court -martial shall take judicial notice of any matter generally  \r\nwithin the knowledge of its members as officers of the Navy. \r\n \r\n116. Summoning of witnesses. (1) The convening officer, the president of the court, the \r\njudge advocate,  1[the President  of the  board of inquiry,]  or the commanding officer  of the  \r\naccused person may, by summons under his hand, require the attendance, at a time and place to \r\nbe mentioned in the summons, of any person either to give evidence or to produce any document  \r\nor thing. \r\n \r\n(2) In the case of a witness subject to service law the summons shall be sent to his \r\ncommanding officer and such officer shall serve it upon him accordingly. \r\n \r\n1[(3) In the case of any other witness, the person issuing summons under sub -section (1) \r\nshall have the same powers as a criminal court has under the Code of Criminal Procedure. 1898  \r\n(Act V of 1898), to enforce the attendance of any witness and for his examination or production  \r\nof any document or thing.] \r\n \r\n(4) When a witness is required to produce any particular document or thing the summons \r\nshall describe it with reasonable precision. \r\n \r\n117. Commission for the examination of witnesses. (1) Whenever, in the course of a \r\ntrial by a court -martial, it appears to the Court that the examination of a witness is necessary for  \r\nends of justice, and that the  attendance of such witness cannot be procured without an amount of  \r\ndelay, expense or inconvenience which, in the circumstances of the case, would be unreasonable,  \r\nsuch Court may, if it thinks necessary, issue a commission in the manner specified in Chapter XL  \r\nof the Code of Criminal procedure, 1898 (Act V of 1898), according as the witness resides in a  \r\nplace in or outside Pakistan. \r\n \r\n(2) The Court may be adjourned for a specified time reasonably sufficient for the \r\nexecution and return of the commission. \r\n \r\n(3) Such a commission shall be executed by the magistrate or officer to whom it is issued \r\nin the same manner as if it was issued in the trial of a warrant case under the Code of Criminal \r\n \r\n1Ins. subs. by Ord. LXII of 2000, s. 4. \r\nPage 49 of 71 \r\n \r\nProcedure, 1898 (Act V of 1898), or of any corresponding law in force at the place where the  \r\nevidence is recorded ; and shall be returned, together with the deposition of the witness examined  \r\nthereunder to the Judge Advocate-General. \r\n \r\n(4) The Judge Advocate-General will forward the same to the cour t martial who issued it  \r\nor, if the said court -martial is in the meanwhile, dissolved to another court -martial convened for \r\nthe trial of the accused in respect of the same charge and any deposition so taken shall be  \r\nrecorded in evidence and shall form part of the proceedings of the Court. \r\n \r\n118. Presumption as to signature. In any proceeding under this Ordinance, any \r\napplication, certificate, warrant, reply or other document purporting to be signed by an officer in  \r\nthe service of the Government shall, on product ion, be presumed to have been duly signed by the  \r\nperson by whom and in the character in which it purports to have been signed, until the contrary \r\nis shown. \r\n \r\n119. Enrolment paper. (1) Any enrolment paper purporting to be signed by an enrolling \r\nofficer shall, in any proceedings under this Ordinance, be evidence that the person enrolled gave \r\nthe answer which he is therein represented to have given. \r\n \r\n(2) The enrolment of such person may be proved by the production of the original or a  \r\ncopy of his enrolment paper purporting to be certified to be a true copy by the officer having the  \r\ncustody of the enrolment paper. \r\n \r\n120. Presumption as to certain documents. \r\ndocument with respect to a person, \r\n(1) Where any letter, return or other \r\n \r\n(i) having, or not having, at any time served, in, or been dismissed or \r\ndischarged from any part of the armed forces of Pakistan; \r\n \r\n(ii) having or not having, held any rank or appointment in, or been posted or  \r\ntransferred to any part of such forces, or having or not having served in  \r\nany particular country or place; or \r\n \r\n(iii) being, or not being, authorised to use or wear any military, naval or air  \r\nforce decoration, medal, meal ribbon, badge, wound stripe or emblem, the  \r\nuse or wearing of which b y an unauthorised person is, by any law for the  \r\ntime being in force an offence, \r\n \r\npurports to have been signed by or on behalf of a Secretary to the 1[Federal Government], or by  \r\nan officer of any of the headquarters of the armed forces or by the commanding officer or the  \r\nofficer having the  custody of the  records of  any portion of those  forces or of  any ship or  \r\nestablishment of the Pakistan Navy to which such person appears or alleges to belong or to have  \r\nbelonged shall be evidence of the facts stated in such letter, return or other document. \r\n \r\n(2) Any army, navy or air force list or gazette purporting to have been published by the  \r\ncompetent authority shall  be evidence of the  status, rank and appointment of the  officer or  \r\nwarrant officer and also of the unit or branch of the service to which he belongs according as it is  \r\nshown in the list or gazette. \r\n \r\n1Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”. \r\nPage 50 of 71 \r\n \r\n(3) Where a record made in any service book in pursuance of this Ordinance or of any  \r\nrules made thereunder or otherwise in pursuance of duty purports to have been signed by the  \r\ncommanding officer or by the officer whose duty it is to make such record, such record shall be  \r\nevidence of the facts therein stated. \r\n \r\n(4) A copy of any record in any service book purporting to have been certified as a true  \r\ncopy by the officer having the custody of such book shall be evidence of such record. \r\n \r\n(5) Where any person subject to this Ordinance is being tried on a charge of desertion or  \r\nof absence without leave and such person has surrendered himself into the custody of, or has \r\nbeen apprehended by, any officer, or any portion, of the armed forces of Pakistan, a certificate  \r\npurporting to  be signed  by such officer, or by the commanding officer  of that portion of the  \r\narmed forces and stating the fact, date and place of such surrender or apprehension, shall be  \r\nevidence of the matters so stated. \r\n \r\n(6) Where any person subject to this Ordinance is being tried on a charge of desertion or \r\nof absence without leave and such person has on arrest or surrender been taken to a police station  \r\nin Pakistan, a certificate purporting to have been signed by the officer -in-charge of that police  \r\nstation, and stating the fact, date and place of such surrender or apprehension shall be evidence of \r\nthe matters so stated. \r\n \r\n(7) Any document purporting to be a report under the hand of any Chemical Examiner or  \r\nAssistant Chemical Examiner to the Government upon any matter or thing duly submitted to him  \r\nfor examination or analysis and report may be used as evidence in any proceeding under this  \r\nOrdinance. \r\n \r\n(8) If it is proved that a person charged with an offence under this Ordinance has \r\nabsconded and that there is no immediate prospect of arresting him, the c ommanding officer or  \r\nother prescribed person may, in his absence, examine any persons who might appear to him to be  \r\nacquainted with the case and record their depositions on oath and any such deposition may on the \r\narrest of such person be used in evidence a gainst him in any proceeding under this Ordinance, if  \r\nthe deponent is dead or incapable of giving evidence, or his attendance cannot be procured  \r\nwithout an amount of delay, expense or inconvenience which under the circumstances of the case  \r\nwould be unreasonable. \r\n \r\n121. Reference by accused to Government officer. (I) If at any trial, or other \r\nproceedings for desertion or absence without leave, the accused states in his defence any \r\nsufficient or reasonable excuse for his unauthorised absence, and refers in support thereof to any \r\nofficer in the service of the Government or if it appears that any such officer is likely to prove or  \r\ndisprove the said statement in the defence, the Court or officer conducting the proceedings shall  \r\naddress such officer and adjourn the Court or proceedings until his reply is received. \r\n \r\n(2) The written reply of any officer so addressed shall, if signed by him, be received in  \r\nevidence and have the same effect as if made on oath before the Court or officer conducting the  \r\nproceedings. \r\n \r\n(3) If the court -martial is dissolved before receipt of such reply or if it omits to comply  \r\nwith the provisions of this section, the convening officer may, at his discretion, annul the \r\nproceedings and order a fresh trial by the same or another court-martial. \r\nPage 51 of 71 \r\n \r\n122. Evidence of previous convictions and general character. (1) When any person \r\nsubject to this Ordinance has been convicted by a court-martial of any offence, such court-martial \r\nmay inquire into,  and receive an  record evidence of any previous  conviction of such  person, \r\neither by a  court-martial held under this Ordinance or under any other  enactment, or by a  \r\ncriminal Court, or of any previous award of punishment under sections 102 and 103 (to such  \r\nextent as may be prescribed), and may further inquire into and record the general character of  \r\nsuch person, an such other matters as may be prescribed. \r\n \r\n(2) Evidence received under this section may be either oral or in the shape of entries in, or \r\ncertified extracts from se rvice records; and it shall not be necessary to give notice before trial to  \r\nthe person tried that evidence as to his previous convictions or character will be received. \r\n \r\n123. Lunacy of accused. (1) Whenever, in the course of a trial by a court-martial, it \r\nappears to the Court that the person charged is by reason or unsoundness of mind incapable of  \r\nmaking his defence, or that he committed the act alleged but was by reason of unsoundness of  \r\nmind in capable of knowing the nature of the act or knowing that it was wrong or contrary to law, \r\nthe Court shall record a finding accordingly. \r\n \r\n(2) The president of the Court shall forthwith report the case to the confirming officer. \r\n \r\n(3) The confirming officer to whom a case is reported under sub-section (2) may, if he  \r\ndoes not confirm the finding, take steps to have the accused person tried by the same or another  \r\ncourt-martial for the offence with which he was charged. \r\n \r\n(4) The confirming officer confirming a finding in any case so reported to him  under sub- \r\nsection (2) shall  order the accused person to be  kept in custody in the  prescribed manner and \r\nshall report the case for the orders of the 1[Federal Government]. \r\n \r\n(5) On receipt of a report under sub -section (4) the 1[Federal Government] may order t he \r\naccused person to be detained in a lunatic asylum or other suitable place of safe custody. \r\n \r\n124. Subsequent fitness of lunatic accused for trial. Where any accused person, having \r\nbeen found by reason of unsoundness of mind to be incapable of making his defence, is in  \r\ncustody or under detention under section 123 the officer commanding the ship or naval \r\nestablishment within the area of whose command the accused is in custody or is detained, or any  \r\nother office prescribed in this behalf, may \r\n \r\n(a) If such person  is in custody under sub -section (4) of section 123 on the  \r\nreport of medical officer that he is capable of making his defence, or \r\n \r\n(b) if such person is detained in a jail under subsection (5) of section 123, on a  \r\ncertificate of the Inspector-General of Prisons, and if such person is \r\ndetained in a lunatic asylum under the said sub -section, on a certificate of  \r\nany two or more of the visitors of such asylum that he is capable of \r\nmaking his defence,  take steps to have such person tried b y the same or  \r\nanother court-martial for the offence with which he was originally \r\ncharged, or, if the offence is civil offence, by a criminal Court. \r\n \r\n1Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”. \r\nPage 52 of 71 \r\n \r\n125. Transmission to 1[Federal Government] of orders under section 124. A copy \r\nof every order made by an officer under section 124 for the trial of the accused person shall \r\nforthwith be sent to the 1[Federal Government]. \r\n \r\n126. Release of lunatic accused. Where any person is in custody under sub-section (4) \r\nof section 123, or under detention under sub-section (5) of that section \r\n \r\n(a) if such person is in custody under the said sub-section (4), on the report of \r\na medical officer, or \r\n \r\n(b) if such person is detained under the said sub-section (5), on a certificate \r\nfrom any of the authorities mentioned in clause (b) of section 124, \r\n \r\nthat, in the judgment of such officer or authority such person may be released without danger of  \r\nhis doing injury to himself or to any other person, the 1[Federal Government] may order that such \r\nperson be released, or detained in custody, or transferred to a public lunatic asylum if he has not  \r\nalready been sent to such an asylum. \r\n \r\n127. Delivery of lunatic accused to relatives. Where any relative or friend of any \r\nperson, who is in custody under sub -section (4) of section 123 or under detention under sub - \r\nsection (5) of that section, desires that he should be delivered to his care and custody, the  \r\n1[Federal Government]  may, upon application by such relative or friend and on his giving \r\nsecurity to the satisfaction of that Government that the person delivered shall _ \r\n \r\n(a) be properly taken care of and prevented from doing injury to himself or to \r\nany other person; and \r\n \r\n(b) be produced for the inspection of such authority, and at such times and \r\nplaces, as the 1[Federal Government] may direct, \r\n \r\norder such person to be delivered to such relative or friend. \r\n \r\n128. Order for custody and disposal of property pending trial. \r\n \r\n \r\nWhen any property \r\nregarding which any offence  appears to  have been committed, or which  appears to have been \r\nused for the commission of any offence, is produced before a court-martial during a trial, the  \r\nCourt may make such order as it thinks fit for the proper custody of such property pending the  \r\nconclusion of the trial and, if the property is subject to speedy or natural decay, may, after  \r\nrecording such evidence as it thinks necessary, order it to be sold or otherwise disposed of. \r\n \r\n129. Order for disposal of property regarding which offence is committed. (1) After \r\nthe conclusion of a trial before a court -martial, the Court or the officer confirming the finding  or \r\nsentence of such court-martial or any authority superior to such officer, may make such order as \r\nit or he thinks fit for the disposal by destruction, confiscation, delivery to any person claiming to  \r\nbe entitled to possession thereof or otherwise of any pro perty or document produced before the  \r\nCourt or in its custody, or regarding which any offence appears to have been committed or which  \r\nhas been used for the commission of any offence. \r\n \r\n1Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”. \r\nPage 53 of 71 \r\n \r\n(2) Where any order has been made under sub-section (1) in respect of property regarding \r\nwhich an offence appears to have been committed, a copy of such order signed and certified by  \r\nthe authority making the same may, whether the trial was held within Pakistan or not, be sent to a \r\nmagistrate in any district in which such property for the time being is, and such magistrate shall  \r\nthereupon cause the order to be carried into effect as if it was an order passed by such magistrate  \r\nunder the provisions of the Code of Criminal Procedure, 1898 (Act V of 1898). \r\n \r\nExplanation. In this section the term “property” includes, in the case of property \r\nregarding which an offence appears to have been committed, not only such property as has been \r\noriginally in the possession or under the control of any person, but also any property into or for  \r\nwhich the same may have been converted or exchanged and anything acquired by such \r\nconversion or exchange whether immediately or otherwise. \r\n \r\n \r\nCHAPTER XII-CONFIRMATION, REVISION AND REVIEW \r\n \r\n130. Confirmation of finding and sentence. (1) At the conclusion of a trial by court- \r\nmartial, the finding and the sentence, if any, of the Court shall be signed by the president and the \r\njudge-advocate, if any, but they shall not be promulgated until they have been confirmed. \r\n \r\n(2) The President of the court shall forward the proceedings of the court to the convening  \r\nauthority, who may confirm the same or transmit them for confirmation to a superior authority, if \r\nso directed by the warrant empowering him to convene the Court 1[:] \r\n1[Provided that, in the absence of the convening authority, the proceedings shall be \r\ntransmitted for confirmation to an authority superior in command to such authority.]. \r\n(3) No finding or sentence of a court-martial shall be valid unless and except to the extent  \r\nto which it is confirmed in accordance with the provisions of this Ordinance and the rules. \r\n \r\n131. Power of confirming authority. \r\nfinding and the sentence of the Court \r\n \r\n(a) be confirmed \r\nThe confirming authority may order that the \r\n \r\n(i) as passed by the Court, or \r\n \r\n(ii) subject to such mitigation, remission or commutation of the sentence as \r\nspecified hereinafter; \r\n \r\n(b) be returned to the court once for revision, as specified hereinafter, prior to their \r\nbeing confirmed; or \r\n \r\n(c) be not confirmed. \r\n2[131A. Sentence requiring confirmation by court of appeals. \r\n \r\n \r\n(1) A punishment \r\nawarded as hadd under any Islamic law shall not be executed unless it is confirmed by the court \r\n \r\n1Subs. and proviso added by the Pakistan Navy (Amdt.) Ordinance, 1980 (55 of 1980, s.23. \r\n2Ins. by the Pakistan Navy (Amdt.) Ordinance, 1984 (37 of 1984), s. 19. \r\nPage 54 of 71 \r\n \r\nof appeals and, until the punishment is confirmed and executed, the convict shall be dealt with in \r\nthe same manner as if sentenced to simple imprisonment. \r\n \r\n(2) The sentence of amputation of hand, foot or both shall be carried out by an authorized  \r\nmedical officer. \r\n \r\n(3) If, at the time of the execution of the sentence, the authorized medical officer is of the  \r\nopinion that the  amputation of hand, foot or  both may cause  the death of the  convict, the  \r\nexecution shall be postponed until such time as the apprehension of death cases.]. \r\n \r\n132. Power of confirming authority to mitigate, remit or commute sentences. A \r\nconfirming authority may, when confirming the sentence of a court -martial, mitigate or remit the  \r\npunishment thereby awarded, or commute that punishment for any punishment or punishments  \r\nlower in the scale as laid down in this Ordinance: \r\n \r\nProvided that a sentence of imprisonment shall not be commuted to a sentence of \r\ndetention for a term exceeding the term of imprisonment awarded by the Court 1[:] \r\n \r\n1[Provided further that a sentence awarded as hadd under any Islamic law shall not be so \r\nmitigated, remitted or commuted otherwise than in accordance with such law.] \r\n \r\n133. Power of confirming authority to return the finding and sentence to the Court \r\nfor revision. (1) Any finding or sentence of a court-martial may be revised by it by order of the \r\nconfirming authority but only once ; and in the course of such revision, the court, if so directed \r\nby the confirming authority, may take additional evidence. \r\n \r\n(2) Except for the  unavoidable absence of any of  its members, the court, sitting in \r\nrevision, shall consist of the same members as were present at the time of arriving at the fin ding \r\nor passing the sentence. \r\n \r\n(3) In the case of unavoidable absence of any of its members the cause whereof shall be  \r\nduly recorded in the proceedings, the court shall proceed with the revision, unless the president  \r\nhimself is absent or the number of member present is less than the minimum required to \r\nconstitute the Court under section 99 in which case the court shall be dissolved and the accused  \r\nmay be tried by a court-martial constituted afresh. \r\n \r\n134. Remedy against an order of court-martial before confirmation of finding or \r\nsentence. (1) Any person subject to this Ordinance who consider himself aggrieved by any \r\norder passed by a court-martial may at the conclusion of the trial and before confirmation of the \r\nfinding of the sentence, present a petition to the confirming authority. \r\n \r\n(2) Before confirming any finding or sentence of a court -martial, the confirming authority \r\nshall take such steps as it considers necessary to satisfy itself of the correctness, legality and  \r\npropriety of the order passed and of the regularity of the proceedings in which it was passed. \r\n \r\n \r\n1Subs and added by the Pakistan Navy (Amdt). Ordinance, 1984, (37 of 1984), s. 20. \r\nPage 55 of 71 \r\n \r\n135. Review by the 1[Federal Government] or the 2[Chief of the Naval Staff] finding  \r\nand sentence. Any finding of guilty and any sentence awarded by a court martial in respect of  \r\nsuch a finding may be reviewed by the 1[Federal Government] or the 2[Chief of the Naval Staff] \r\nat any time. \r\n \r\n136. Remedy of aggrieved persons, on being convicted by a court -martial. Without \r\nprejudice to the provisions of the foregoing section, a person convicted under this Ordinance by a  \r\ncourt-martial may at any time present a petition against the finding or the sente nce or both to the  \r\n1[Federal Government] or the 2[Chief of the Naval Staff] who may thereupon review the finding  \r\nor the sentence or both. \r\n \r\n137. Power to quash or alter findings. (1) On review of a finding of a court-martial, \r\nthe 1[Federal Government] or the 2[Chief of the Naval Staff] may \r\n \r\n(a) in any case, quash the finding; \r\n \r\n(b) where some other finding of guilty could lawfully have been made by the  \r\nCourt before which the trial took place, and it appears to the 1[Federal \r\nGovernment] or the 2[Chief of the Naval Staff] that court must have been  \r\nsatisfied of facts necessary to  justify that  other finding, substitute that \r\nother finding. \r\n \r\n(2) Where a finding is quashed under sub-section (1), then \r\n \r\n(a) if the sentence passed in respect of that finding relates to that finding only,  \r\nthe sentence shall be quashed; \r\n \r\n(b) if the sentence relates to that and any other finding or findings, the \r\n1[Federal Government] or the 2[Chief of Naval Staff] may substitute such  \r\nsentence as is authorised by this Ordinance in respect of the other finding  \r\nor findings. \r\n \r\n(3) Where a finding is substituted under sub -section (1) the sentence may be substituted  \r\nby any other sentence provided by this Ordinance in respect of the substituted finding. \r\n \r\n(4) The punishment awarded by a sentence substituted under sub -section (2) or sub - \r\nsection (3) shall not be higher in the scale of punishments than, or in excess of the punishment  \r\nawarded by the sentence for which the new sentence is substituted; \r\n \r\n(5) Any finding or sentence substituted under the preceding sub -sections shall for all  \r\npurposes be deemed to be the finding or sentence of the court before which the trial took place. \r\n \r\n138. Power to remit or alter sentences. (1) On the review of a sentence awarded by a \r\ncourt-martial, the 1[Federal Government] or the 2[Chief of the Naval Staff] may, subject to the \r\nprovisions of this section, \r\n \r\n \r\n1Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”. \r\n2Subs. ibid., Art 2 and Sch., for “Commander-in-Chief”. \r\nPage 56 of 71 \r\n \r\n(a) annul the sentence; \r\n \r\n(b) remit the sentence in whole or in part; \r\n \r\n(c) commute the sentence for any other sentence provided by this Ordinance ;  \r\nor \r\n \r\n(d) if the sentence is for any reason invalid, substitute such other sentence as  \r\ncould be awarded under this ordinance in respect of the relevant finding or  \r\nfindings. \r\n \r\n(2) The punishment awarded by a sentence effective after commutation or substitution  \r\nunder sub-section (1) shall not be hi gher in the scale of punishments than, or in excess of, the  \r\npunishment awarded by the sentence which is commuted or for which the new sentence is  \r\nsubstituted. \r\n \r\n(3) Any sentence effective after remission, commutation or substitution under sub -section \r\n(1), shall for all purposes be deemed to be the sentence of the court before which the trial took  \r\nplace. \r\n \r\n1[138A. Court of appeals. (1) There shall be a court of appeals which shall hear appeals \r\nagainst the finding and sentence of a court -martial in a case pun ishable with hadd under an  \r\nIslamic law 2[or when a person has been sentenced to death, imprisonment for a term exceeding  \r\nthree months or dismissal from service.]. \r\n \r\n(2) The court of appeals shall be appointed by the Chief of the Naval Staff and shall \r\nconsist of officers of suitable rank and qualification who are eligible to serve on a court-martial. \r\n \r\n(3) The court of appeals shall have the power to \r\n \r\n(i) confirm the finding or sentence or both, and to exercise the same powers \r\nin that respect as are available to a confirming authority under this \r\nOrdinance ; \r\n \r\n(ii) order retrial of the accused ; \r\n \r\n(iii) quash the finding ; \r\n \r\n(iv) alter the finding ; \r\n \r\n(v) revise the finding ; \r\n \r\n(vi) where some other finding of guilty could lawfully have been made by the  \r\ntrial and it appears to the court of appeals that the trial court must have  \r\nbeen satisfied of facts necessary to justify that other finding, substitute that  \r\nother finding. \r\n \r\n1Ins. by the Pakistan Navy (Amdt.) Ordinance. 1984 (37 of 1984), s.21. \r\n2Subs. by Act 29 of 1992, s. 2. \r\nPage 57 of 71 \r\n \r\n(4) Where a finding is quashed under clause (iii) of sub-section (3), then, \r\n \r\n(i) if the sentence passed in respect of that finding relates to that finding only,  \r\nthe sentence shall be quashed; and \r\n \r\n(ii) if the sentence relates to  that and any other finding, or findings, the court  \r\nof appeals may substitute such sentence as is authorized by this Ordinance  \r\nin respect of the other finding or findings. \r\n \r\n(5) Where a finding is altered or substituted under clause (iv) or clause (vi) of sub -section \r\n(3), the cour t of appeals may pass such sentence as is authorized by this Ordinance or it may  \r\nsubstitute the sentence by any other  sentence provided by this  Ordinance in respect of the \r\nsubstitute finding : \r\n \r\nProvided that no order under this  sub-section shall be made to  the prejudice of  the \r\naccused unless he has been afforded an opportunity of being heard either personally or by his  \r\ndefending officer or his counsel. \r\n \r\n(6) The decision of the court of appeals shall be finall and shall not be called in question  \r\nbefore any court or other authority.] \r\n \r\n139. Saving of functions of Judge Advocate -General. Nothing in this Chapter shall  \r\naffect the powers and functions of the Judge Advocate -General in relation to the naval tribunals  \r\nincluding his functions of considering and reporting on the proceedings of such tribunals. \r\n \r\n140. Bar of appeals. No Court shall question the correctness, legality or propriety of any  \r\nproceeding, order, finding or sentence of any naval tribunal, and no appeal, revision or other  \r\nremedy shall lie in respect of any such proceeding, order, finding or sentence save in accordance  \r\nwith the provisions of this Ordinance. \r\n \r\nCHAPTER XIII.-EXECUTION OF SENTENCES \r\n \r\n1[141. Form of sentence of stoning to death and death. In awarding a sentence of \r\ndeath, a court-martial shall direct that the sentence shall be executed in the manner provided for \r\nin the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (VII of 1979). \r\n \r\n(2) In awarding a sentence of death, a court -martial shall, in its discretion, direct that the  \r\noffender shall suffer death by being hanged by the neck until he be dead, or shall suffer death by  \r\nbeing shot to death.] \r\n \r\n142. Commencement of sentence of imprisonment or detention. The term of a \r\nsentence of imprisonment or detention  under this Ordinance, whether the sentence has been  \r\nrevised or not, shall be reckoned as commencing on the day on which the sentence is signed by  \r\nthe president of the court-martial or the officer trying the case. \r\n \r\n \r\n1Subs. by the Pakistan Navy (Amdt.) Ordinance, 1984 (37 of 1984), s. 22, for section 141. \r\nPage 58 of 71 \r\n \r\n143. Execution of sentence of imprisonment. The officer who confirms the sentence or  \r\nsuch other officer as may be prescribed, may direct that the sentence of imprisonment in any  \r\nparticular case shall be carried out by confinement in a civil prison or by confinement in a  \r\nmilitary, naval or air force prison , and the commanding officer of the person under sentence or  \r\nsuch other officer as may be prescribed, shall forward a warrant in the p rescribed form to the  \r\nofficer in charge of the prison in which the person is to be confined, and shall forward him to \r\nsuch prison with the warrant : \r\n \r\nProvided that in the case of a sentence of imprisonment for a period not exceeding three  \r\nmonths, the sentence may be directed to be carried out by confinement in naval custody instead \r\nof a prison: \r\n \r\nProvided further that on active service a sentence of imprisonment may be carried out by  \r\nconfinement in such place as the officer commanding the naval forces may from time to time  \r\nappoint. \r\n \r\n1[143A. Form of sentence of amputation of hand, foot or both or whipping. (1) In \r\nawarding a sentence of amputation of hand, foot or both, a court -martial shall direct that the  \r\nsentence shall be executed in the manner provided for in the Offences Against Property \r\n(Enforcement of Hudood) Ordinance, 1979 (VI of 1979). \r\n \r\n(2) In awarding a sentence of whipping, a court -martial shall direct that the sentence shall \r\nbe executed in the manner provided for in the Execution of the Punishment of Whipping \r\nOrdinance, 1979 (IX of 1997).] \r\n \r\n144. Execution of sentence of detention. A sentence of detention under this Ordinance  \r\nshall be carried out by detaining the  offender in any military,  naval or air force detention \r\nbarracks, detention cells or other military, naval or air force custody, and when the sentence is to  \r\nbe carried out by detention in any military, naval or air force detention barracks, the commanding \r\nofficer of the person under sentence, or such other officer as may be prescribed, shall forward the \r\nperson under sentence, together with a warrant in the prescribed form, to the officer in charge of  \r\nthe said detention barracks. \r\n \r\n2[144A. Execution of sentence of fine. When a sentence of fine is imposed by a court - \r\nmartial under this Ordinance, whether the trial was held within Pakistan or not; copy of such  \r\nsentence, signed and certified by the President of the court or the convening officer, as the case  \r\nmay be, shall be sent to a Magistrate in Pakistan, and such Magistrate  shall thereupon cause the  \r\nfine to be recovered in accordance with the provisions of the Code of Criminal Procedure, 1898,  \r\nfor the levy of fines as if it were a sentence of fine imposed by such Magistrate.]. \r\n \r\n145. Interim custody of persons under sentence of 3[stoning to death or] death, \r\nimprisonment or detention. (1)  When a person is sentenced by a court-martial to suffer \r\n3[stoning to  death or] death and the sentence has  been confirmed, the  commanding officer  of \r\nsuch person, or  such officer as may be prescribed may, if he thinks fit, by warrant in the  \r\nprescribed form, commit the said person to safe custody in a civil prison pending the execution of \r\nthe sentence, and may \r\n \r\n1Ins. by the Pakistan Navy (Amdt.) Ordinance, 1984 (37 of 1984), s. 23. \r\n2Ins. by Act 29 of 1992, s. 3. \r\n3Ins. by the Pakistan Navy (Amdt.) Ordinance, 1984 (37 of 1984), s. 24. \r\nPage 59 of 71 \r\n \r\nsimilarly, by warrant in the prescribed form direct that the person so committed be re -delivered \r\nto naval custody, or that he be released or confined in accordance with any order duly made \r\nunder this Ordinance setting aside or varying the sentence of 1[stoning to death or] death. \r\n \r\n(2) Any such warrant as aforesaid shall be sufficient authority for the execution of the  \r\norders contained therein. \r\n \r\n(3) A person sentenced under this Ordinance to imprisonment or detention may, until he  \r\nreaches the prison or detention barracks in which he is to undergo his sentence, be kept in naval  \r\ncustody or in civil custody, or partly in one de scription of custody and partly in the other, and  \r\nmay, by order of such officer as may be prescribed, from time to time, be transferred from one to  \r\nthe other, as occasion may require. \r\n \r\n146. Authority for committal and transfer of prisoners. A warrant issued in \r\naccordance with the provisions of section 143 or section 144, or an order of the prescribed officer \r\nfor the  transfer of a person undergoing a sentence of imprisonment or detention from one \r\ndescription of custody to another, shall be sufficient authority for committing the person \r\nconcerned to prison, detention barrack or naval custody or, as the case may be, for transferring  \r\nhim from one description of custody to the other. \r\n \r\n147. Conveying of prisoners from place to place. A person under se ntence of 1[stoning \r\nto death, death, amputation of hand, foot or both, imprisonment, detention or whipping] may,  \r\nwhile he is being conveyed from one place to another, or when on board a ship, aircraft, or other  \r\nvehicle be subjected to such restraint as is necessary for his safe conduct and removal. \r\n \r\n148. Communication of certain orders to prison officers. (I) Whenever an order is \r\nduly made under this Ordinance setting aside or varying any sentence, order or warrant under  \r\nwhich any person is  confined in  a civil, military, naval  or air force prison  or detained in  a \r\nmilitary, naval or air force detention barracks a warrant in accordance with such order shall be  \r\nforwarded by the prescribed officer to the officer -in-charge of the prison or detention barracks in  \r\nwhich such person is confined. \r\n \r\n(2) Any such warrant shall be sufficient authority for the execution of the orders \r\ncontained therein. \r\n \r\n149. Establishment and Regulation of naval prisons or detention barracks. The \r\n2[Federal Government] may set apart any building or part of a building, or any place under its  \r\ncontrol, as a naval prison or detention barracks for the confinement of persons sentenced to  \r\n1[stoning to death, death, amputation of hand foot or both, imprisonment, detention or whipping]  \r\nunder this Ordinance. \r\n \r\n150. Power to make rules in respect of prisons and prisoners. The 2[Federal \r\nGovernment] may make rules providing: \r\n \r\n(a) for the government, management and Regulation of naval prisons and detention \r\nbarracks ; \r\n \r\n \r\n1Subs. and ins. by the Pakistan Navy (Amdt.) Ordinance, 1984 (37 of 1984) s s. 25 and 26, for “imprisonment or detention”. \r\n2Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”. \r\nPage 60 of 71 \r\n \r\n(b) for the appointment, removal and powers of inspectors, visitors governors  \r\nand officers thereof; \r\n \r\n(c) for the labour of prisoners undergoing confinement therein, and for \r\nenabling, such prisoners to earn by special industry and good conduct, a  \r\nremission of a portion of their sentence ; \r\n \r\n(d) for the safe custody of such prisoners and the maintenance of discipline  \r\namong them and the punishment by personal correction, restraint or \r\notherwise, of offences committed by them ; \r\n \r\n(e)  for the application to naval prisons or detention barracks of any of the  \r\nprovisions of the Prisons Act, 1894 (IX of 1 894), relating to the duties of  \r\nofficers of prisons ; \r\n \r\n(f) for the admissions into any prison, at proper times and subject to proper  \r\nrestrictions, of persons with whom prisoners may desire to communicate,  \r\nand for the consultation by prisoners under trial with their legal advisers  \r\nwithout the presence as far as possible of any third party within hearing  \r\ndistance. \r\n \r\n151. Restriction of  rule-making power in respect of corporal punishment.  Rules \r\nmade under section 150 shall not authorise corporal punishment to be in flicted for any offence,  \r\nnor render the imprisonment more severe than it is under any law for the time being in force  \r\nrelating to civil prisons in Pakistan. \r\n \r\n152. Procedural defect or error in the order or warrant. Confinement of a person  \r\nundergoing a sentence of imprisonment or detention under this Ordinance in any place or manner  \r\nin which he might be confined under a lawful order or warrant under this Ordinance, shall not be  \r\ndeemed to be illegal only by reason of any procedural defect or error in or as respect s the order, \r\nwarrant or other document, or the authority by which, or in pursuance whereof such person was  \r\nbrought into or is confined in any such place, and any such order, warrant or document may be  \r\namended for rectifying such defect or error. \r\n \r\nCHAPTER XIV \r\nPARDONS, REMISSIONS AND SUSPENSION \r\n \r\n153. Pardon and remission. When any person subject to this Ordinance has been \r\nconvicted by a naval tribunal of any offence, the 1[Federal Government], the 2[Chief of the Naval \r\nStaff] or, any officer not below the rank of captain empowered in this behalf by the 2[Chief of the \r\nNaval Staff] may, \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n1Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”. \r\n2Subs. ibid., and Sch., for “Commander-inChief”. \r\nPage 61 of 71 \r\n \r\n(i) either without conditions or upon any conditions which the person  \r\nsentenced accepts, pardon the person or remit the whole or any part \r\nof the punishment awarded, or \r\n \r\n(ii) mitigate the punishment awarded, or commute such punishment for \r\nany less punishment or punishments mentioned in this Ordinance : \r\n \r\nProvided that a sentence of imprisonment shall not be \r\ncommuted for  a sentence of detention for a  term exceeding the  \r\nterm of imprisonment awarded by the court 1[:] \r\n \r\n2[Provided further that, if a sentence of hadd has been \r\nawarded under an Islamic law, no order shall be made under this  \r\nsection otherwise than in accordance with such law]. \r\n \r\n154. Cancellation of conditional pardon or remission. If any condition on which a  \r\nperson has been pardoned or a punishment has been remitted is, in the opinion of the authority  \r\nwhich granted the pardon or remitted the punishment, not fulfilled, such authority m ay cancel the \r\npardon or remission, and thereupon the sentence shall be carried into effect as if such pardon had  \r\nnot been granted or such punishment had not been remitted : \r\n \r\nProvided that in the case of a person sentenced to imprisonment of detention such person \r\nshall undergo only the unexpired portion of his sentence. \r\n \r\n155. Suspension of sentence of imprisonment, detention or whipping. (1) Where a \r\nperson subject to this Ordinance has been sentenced by a court-martial to imprisonment \r\n3[detention or whipping], the 4[Federal Government] or the 5[Chief of the Naval Staff] or any  \r\nofficer empowered to convene a general or summary general court -martial may suspend the  \r\nsentence whether or not the offender has already been committed to prison or custody 1[:] \r\n \r\n2[Provided that, if a sentence of hadd has been awarded under an Islamic law, no order \r\nshall be made under this section except while the offender is on active service nor otherwise than \r\nin accordance with such law.] \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n1Subs. by the Pakistan Navy (Amdt.) Ordinance, 1984 (37 of 1984), ss. 27 and 28, for full-stop. \r\n2Provisos added ibid. \r\n3Subs. ibid., s. 28 for “or detention”. \r\n4Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”. \r\n5Subs. ibid., and Sch., for “Commander-inChief”. \r\nPage 62 of 71 \r\n \r\n(2) The authority or officer specified in sub -section (1) may in the case of an offender so  \r\nsentenced direct that, until the orders of such authority or  officer have been obtained, the \r\noffender shall not be committed to prison or custody. \r\n \r\n(3) The powers conferred by sub -sections (1) and (2) may be exercised in the case of any  \r\nsuch sentence which has been confirmed, mitigated or commuted. \r\n \r\n156. Orders pending suspension. A confirming officer or an officer exercising powers \r\nof summary trial may,  when a person has been sentenced to imprisonment or  detention, direct \r\nthat the offender be not committed to prison or to custody until the orders of the authority or  \r\nofficer specified in section 155 have been obtained. \r\n \r\n157. Release on suspension. When a sentence is suspended under section 155, the \r\noffender shall,  whether he has  been committed to prison or to  custody or not,  be released  \r\nforthwith. \r\n \r\n158. Computation of period of suspension. Any period during which the sentence is  \r\nunder suspension shall be reckoned as part of the term of such sentence. \r\n \r\n159. Order after suspension. The authority or officer specified in section 155 may, at  \r\nany time whilst a sentence is suspended, order- \r\n \r\n(a) that the offender be committed to undergo the un-expired portion of the \r\nsentence ; or \r\n \r\n(b) that the sentence be remitted. \r\n \r\n160. Reconsideration of case after suspension. (1) Where a sentence has been \r\nsuspended, the case may at any time, and shall, at intervals of not more than four months, be  \r\nreconsidered by the authority or officer specified in section 155, or by an officer not below the  \r\nrank of lieutenant commander duly authorised by the authority or officer specified in section 155. \r\n \r\n(2) Where on such reconsideration by the officer so author ised it appears to him that the  \r\nconduct of the offender since his conviction has been such as to justify a remission of the  \r\nsentence, he shall refer the matter to the authority or officer specified in section 155. \r\n \r\n161. Fresh sentence after suspension. Where an offender, while a sentence on him is  \r\nsuspend under this Ordinance, is sentenced for any other offence, then \r\n \r\n(a) if the further sentence is also suspended under this Ordinance, the two  \r\nsentences shall run concurrently ; \r\n \r\n(b) if the further sentence is for a period of three months or more and is not  \r\nsuspended under this Ordinance, the offender shall also be committed to  \r\nprison or naval custody for the unexpired portion of the previous sentence,  \r\nbut both sentences shall run concurrently ; and \r\nPage 63 of 71 \r\n \r\n(c) if the further sentence is for a period of less than three months and is not  \r\nsuspended under this Ordinance the offender shall be so committed on that  \r\nsentence only, and the previous sentence shall, subject to any order which  \r\nmay be passed under section 159 or section 160, continue to be suspended. \r\n \r\n162. Scope of power of suspension. The powers conferred by sections 155 and 159 shall \r\nbe in addition to, and not in derogation of, the power of mitigation, remission and commutation. \r\n \r\n163. Effect of suspension and remission on dismissal. (1) Where in addition to any \r\nother sentence the punishment of dismissal has been awarded by a court -martial, and such other  \r\nsentence is  suspended under section 155, then,  such dismissal  shall not take effect  until so \r\nordered by the authority or officer specified in that section. \r\n \r\n(2) If such other sentence is remitted under section 159, the punishment of dismissal shall \r\nalso be remitted. \r\n \r\n \r\n \r\nCHAPTER XV. PROPERTY OF DECEASED PERSONS, DESERTERS AND \r\nLUNATICS. \r\n \r\n164. Property of deceased persons and deserters other than officers. The following  \r\nprovisions shall apply to the disposal of the property of every person subject to this Ordinance,  \r\nother than an officer, who dies or deserts, namely : \r\n \r\n(1) The commanding officer of the ship or naval establishment, to which the \r\ndeceased person or deserter belonged, shall secure all the movable property belonging to the  \r\ndeceased or deserter that is in ship or naval establishment and cause an inventor y thereof to be  \r\nmade, and draw any pay and allowances due to such person. \r\n \r\n(2) In the case of a deceased person who has left in a bank (including any post office  \r\nsaving bank, co -operative bank or society or any other institution receiving deposits in money,  \r\nhowsoever named) a deposit not exceeding 1[ten] thousand rupees, the commanding officer may,  \r\nif he thinks fit, require the agent, manager or other proper officer of such bank or other institution \r\nto pay the deposit to him forthwith ; notwithstanding anything in any rules of the bank or the  \r\nother institution and when any money has been paid by such bank or other institution in \r\ncompliance with such requisition, no person shall have any claim against the bank or the other  \r\ninstitution in respect of such money. \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n1Subs. by the Pakistan Navy (Amdt.) Ordinance, 1980 (55 of 1980), s. 24, for “one”. \r\nPage 64 of 71 \r\n \r\n(3) In the case of a deceased person whose representative, widow or next of kin is on  \r\nthe spot and has given security for the payment of the service or other debts in ship or naval  \r\nestablishment, if any of the deceased, the commanding officer may if he thinks fit deliver over  \r\nany property, received under clauses (1) and (2) to that representative, widow or next of kin, as  \r\nthe case may be, and shall not further interfere in relation to the property of the deceased. \r\n \r\n(4) In the case of a deceased person whole estate is not dealt with under clause (3),  \r\nand in the case of any deserter, the commanding officer shall cause the movable proper ty to be  \r\nsold by public auction, and may convert into money any cash certificates (including post office  \r\ncash certificates, defence savings certificates and national savings certificates) and shall pay the  \r\nservice and other debts in ship or naval establish ment, if any, from the proceeds of the sale or  \r\nconversion and from any pay and allowances drawn under clause (1) and from the amount of the  \r\ndeposit, if any, received under clause (2). \r\n \r\n(5) The surplus, if any, shall in the case of a deceased person, be paid to his \r\nrepresentative, widow or next of kin, if any, or, in the event of no claim to such surplus being  \r\nestablished within twelve months after the death, then the same shall be remitted to the \r\nprescribed person : \r\n \r\nProvided that such remission shall not bar the claim of any person to such surplus or any \r\npart thereof. \r\n \r\n(6) In the case of a deserter, the surplus, it any, shall be forthwith remitted to the  \r\nprescribed person and shall, on the expiry of three years from the date of his desertion, be  \r\nforfeited to the Government, unless the deserter shall in the meantime have surrendered or been  \r\napprehended. \r\n \r\n(7) The decision of the commanding officer as to what are the service and other debts \r\nin ship or naval establishment of a deceased person or a deserter an d as to the amount payable  \r\ntherefore shall be final. \r\n \r\n165. Disposal of certain property without production of probate, etc. (other than  \r\nofficers). Property deliverable and money payable to the representative, widow or next of kin, of  \r\na deceased person under section 164 may, if the  total value or amount thereof does not exceed  \r\none thousand rupees, and if the prescribed person thinks fit, be delivered or paid to any person  \r\nappearing to him to be entitled to receive it or to administer the estate of the de ceased, without \r\nrequiring the production of any probate, letters of administration, certificate or other such \r\nconclusive evidence of title; and such delivery or payment shall be a full discharge to those  \r\nordering or making the same and to the Government fr om all further liability in respect of the  \r\nproperty or money ; but nothing in this section shall affect the rights of any executor or \r\nadministrator or other representative, or of any creditor of a deceased person against any person \r\nto whom such delivery or payment has been made 1[:] \r\n \r\n1[Provided that when the deceased was attached to, or found part of, a force which was \r\nnot an active service, the prescribed person shall obtain from the representative, widow or next of \r\n \r\n \r\n1Subs. added by Act 29 of 1992, s.4. \r\nPage 65 of 71 \r\n \r\nkin to whom the aforesaid amount is paid, and undertaking to the effect that the amount left after \r\npayment of debts, if any, shall be distributed amongst the legal heirs of the deceased.]. \r\n \r\n166. Application of sections 164 and 165 to lunatics, etc. The provisions of sections \r\n164 and 165 shall, so far as they can be made applicable, apply in the case of a person subject to  \r\nthis Ordinance (not being an officer) who notwithstanding anything contained in the Lunacy Act,  \r\n1912 (IV of 1912 ), is ascertained in the prescribed manner to be insane, or, who being on active  \r\nservice, is officially reported missing, as if he had died on the day on which his insanity is so  \r\nascertained, or as the case may be, on the day on which he is officially reported missing: \r\n \r\nProvided that in the case of a person so reported missing, no action shall be taken under \r\nclauses (2) to (5) of section 164 until such time as he is officially presumed to be dead. \r\n \r\n167. Property of officers who die or desert. The provisions of sections 168 to 173 shall  \r\napply to the disposal of the property of officers subject to this Ordinance who die or desert. \r\n \r\n168. Powers of Committee of Adjustment. (1) On the death or desertion of an officer, \r\na Committee of Adjustment appointed in this behalf in the manner prescribed (hereinafter \r\nreferred to as the Committee) shall, as soon as may be, subject to rules \r\n \r\n(a) secure all the movable property belonging to the deceased or deserter that  \r\nis in ship or naval establishment and cause an inventory thereof to be \r\nmade, and ascertain a draw the pay and allowances, if any, due to him ;and \r\n \r\n(b) ascertain the amount, and provide for.-the payment, of the service and \r\nother debts in ship or naval establishment if any, of the deceased or  \r\ndeserter. \r\n \r\n(2) In the case of a deceased officer whose representative, widow or next of kin has given  \r\nsecurity to the satisfaction of the Committee for  the payment of the service and other debts  in \r\nship or naval establi shment, if any, of the deceased, the Committee shall deliver any property  \r\nreceived by it under sub -section (1) to that representative, widow or next of kin, as the case may  \r\nbe, and shall not further interfere in relation to the property of the deceased. \r\n \r\n(3) In the case of a deceased officer the Committee, save as may be prescribed shall, if it  \r\nappears to it necessary for the payment of service and other debts in ship or naval establishment  \r\nand the expenses, if any, incurred by the Committee, and may, in any ot her case, collect all  \r\nmoneys left by the deceased in any bank (including any post office savings bank, co -operative \r\nbank or society or any other institution receiving deposits in money, however named) and for that \r\npurpose may require the agent, manager or other proper officer of such bank, society or other  \r\ninstitution to pay the moneys to Committee forthwith, and such agent, manager or other officer  \r\nshall comply with the requisition notwithstanding anything in any rules of the bank or other  \r\ninstitution ; and when any money has been paid by a bank or other institution in compliance with  \r\nthe requisition under this sub -section, no person shall have a claim against the bank or other  \r\ninstitution in respect of such money. \r\n \r\n(4) In the case of a deceased officer whose estate has not been dealt with under sub - \r\nsection (2) and in the case of a deserter the Committee subject to rules, shall, for the purpose of  \r\npaying the service and other debts in ship or naval establishment, and may, in any other case, sell  \r\nor convert into money the movable property of the deceased or deserter. \r\nPage 66 of 71 \r\n \r\n(5) The Committee shall, out of the moneys referred to in sub -section (3) and (4), pay the  \r\nservice and other debts in ship or naval  establishment if any, of the  deceased or deserter and in  \r\nthe case of a deceased, also the expenses of his last illness. \r\n \r\n(6) In the case of a deceased officer, the surplus, if any, shall be remitted to the prescribed \r\nperson. \r\n \r\n(7) In the case of an officer who is a deserter, the surplus, if any, shall be forthwith \r\nremitted to the prescribed person and shall, on the expiry of three years from the date of his  \r\ndesertion, be forfeited to Government unless the deserter shall in the meantime have surrendered  \r\nor been apprehended; \r\nProvided that the prescribed person may pay the whole or such part the surplus as he may  \r\ndeem proper to the wife or children or other dependant of the officer. \r\n \r\n(8) If in any case a doubt or difference arises as to what are the service and other debts in  \r\nship or naval establishment of a deceased officer or deserter or as to the amount payable therefor,  \r\nthe decision of the prescribed person shall be final and shall be binding on all persons for all  \r\npurposes. \r\n \r\n(9) For the purposes of the exercise of its duties under this section, the Committee shall, \r\nto the exclusion of all authorities and persons whomsoever have the same rights and powers as if  \r\nit had taken out representation to the deceased ; and any receipt given by the Committee shall  \r\nhave effect accordingly. \r\n \r\n169. Disposal of surplus by the prescribed person. On receipt of the surplus referred to  \r\nin sub-section (6) of section 168 the prescribed person shall proceed as follows: \r\n \r\n(1) If he knows of a representative, widow or next of kin of the deceased he shall pay the  \r\nsurplus to that representative, widow or next of kin. \r\n \r\n(2) If he does not know of any such representative, widow or next of kin, he shall publish  \r\nevery year a notice in the prescribed form and manner for six consecutive years and if no claim \r\nto the surplus is made by a representative, widow or next of kin, of the deceased within six  \r\nmonths after the publication of the last of such notices, the prescribed person shall deposit the  \r\nsurplus together with any income or accumulation of income accrued there  from to the credit of  \r\nthe 1[Federal Government] : \r\n \r\nProvided that such deposit shall not bar the claim of any person to such surplus or any \r\npart thereof 2[:] \r\n \r\n2[Provided further that when the deceased officer was attached to, or formed part of, a  \r\nforce which was not on active service, the prescribed person shall obtain from the representative,  \r\nwidow or next of kin to whom the surplus amount is paid an undertaking to the effect that the \r\n \r\n \r\n1Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”. \r\n2Subs. and added by Act 29 of 1992, s.5. \r\nPage 67 of 71 \r\n \r\namount left after payment of debts, if any, shall be distributed amongst the legal heirs of the \r\ndeceased.]. \r\n \r\n170. Disposal of certain property without production of probate, etc. Property \r\ndeliverable and money payable to the representative, widow or next of kin of a deceased officer  \r\nunder section 168 or section 169 may, if the total amount of value thereof does not exceed five  \r\nthousand rupees, and, if the prescribed person thinks fit, be de livered or paid to any person  \r\nappearing to him to be entitled to receive it or to administer the estate of the deceased, without  \r\nrequiring the production of any probate, letters of administration, succession certificate or other  \r\nsuch conclusive evidence of title. \r\n \r\n171. Discharge of Committee, prescribed person and the Government. Any payment \r\nof money or delivery, application, sale or other disposition of any property or money made, or  \r\npurported to be made by the Committee or the prescribed person in good faith in pursuance of  \r\nsection 168, section 169 or section 170 shall  be valid  and shall be  a full discharge to  the \r\nCommittee or the prescribed person, as the case may be, and to Government from all further  \r\nliability in respect of that money or property ; but noth ing therein contained shall affect the right  \r\nof any executor or administration or other representative, or of any creditor of the deceased  \r\nofficer against any person to whom such payment or delivery has been made. \r\n \r\n172. Property in the hands of the Committee or  the prescribed person not to be  \r\nassets at the place where the Committee or the prescribed person is stationed. Any property \r\ncoming under section 168 into the hands of the Committee or the prescribed person shall not, by  \r\nreason of so coming, be deemed to be assets or effects at the place in which that Committee or \r\nthe prescribed person is stationed and it shall not be necessary by reason thereof that \r\nrepresentation be taken out in respect of that property for that place. \r\n \r\n173. Saving of rights of representative.-After the Committee has deposited with the  \r\nprescribed person the surplus of the property of any deceased officer under sub -section (6) of  \r\nsection 168, any representative of the deceased shall, as regards any property of the deceased not  \r\ncollected by the Committee and not forming part of the aforesaid surplus, have the same rights  \r\nand duties as if section 168 had not been enacted. \r\n \r\n174. Application of sections 168 to 173 to lunatics, etc. The provisions of sections 168  \r\nto 173 shall, so far as they can be made applicable, apply in  the case of an officer who, \r\nnotwithstanding anything contained in the Lunacy Act, 1912 (IV of 1912), is ascertained in the  \r\nprescribed manner to be insane, or, who, being on active service, is officially reported missing as  \r\nif he had died on the day on which his insanity is so ascertained or, as the case may be, on the \r\nday on which he is officially reported missing: \r\n \r\nProvided that in the case of an officer so reported missing no action shall be taken under \r\nsub-sections (2) to (5) of section 168 until such time as he is officially presumed to be dead. \r\nPage 68 of 71 \r\n \r\n175. Appointment of Standing Committee of Adjustment when officers die or desert  \r\nwhile on active service. When an officer dies or deserts while on active service, the references in \r\nthe foregoing provisions of this Chapter to the Committee shall be construed as references to the  \r\nStanding Committee of Adjustment, if any, appointed in this behalf in the manner prescribed. \r\n \r\n176. Interpretations. For the purposes of this Chapter \r\n \r\n(1) a person shall be deemed to be a deserter if he without authority has been absent \r\nfrom duty for a period of thirty days and has not subsequently surrendered or been apprehended ; \r\n \r\n(2) the expression “service and other debts in ship or naval establishment” includes \r\nmoney due as naval debts, namely, sums due in respect of, or any advance in respect of \r\n \r\n(a) quarters ; \r\n \r\n(b) mess, band, and other service accounts ; and \r\n \r\n(c) naval clothing, appointments and  equipments, not exceeding a sum equal  \r\nto three months’ pay of  the deceased, and having become  due within \r\neighteen months before his death ; \r\n \r\n(3) “representation” includes probate and letters of administration with or without the \r\nwill annexed, and a succession certificate, constituting a person the executor or administrator of  \r\nthe estate of a deceased person or authorising him to receive or realize the assets of a deceased  \r\nperson ; \r\n \r\n(4) “representative” means any person who has taken out representation. \r\n \r\n \r\n \r\n \r\nCHAPTER XVI. RULES \r\n \r\n177. Power to make rules. (1) The 1[Federal Government] may make rules for the \r\npurpose of carrying into effect the provisions of this Ordinance. \r\n \r\n(2) Without prejudice to the generality of the power conferred by sub-section (1), such \r\nrules may provide for, \r\n \r\n(a) the 2[appointment, reappointment, extension] retirement, release, \r\ndischarge, removal or dismissal from the service of persons subject to this  \r\nOrdinance, 2[including the Chief of the Naval Staff 3[***].] \r\n \r\n \r\n \r\n1Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”. \r\n2Added by Act III of 2020, s.5.(w.e.f 27-11-2019) \r\n3Omitted by Act No. XXXV of 2025, s. 5. (It comes into force at once and shall always be deemed to have been part of the Pakistan Navy \r\nOrdinance 1961(XXXV of 1953)) \r\nPage 69 of 71 \r\n \r\n \r\n(b) the procedure to be observed during investigation, arrest, custody and  \r\nsummary trial, and powers of punishment of commanding officers and  \r\nother authorities at such trials and delegation of such powers ; \r\n \r\n(c)  the assembly and procedure of boards of inquiry, the recording of \r\nsummaries of evidence and the administration of oaths and affirmations at  \r\nsuch proceedings; \r\n \r\n(d) the convening and constitution of courts-martial 1[and court of appeals] ; \r\n \r\n(e) the adjournment, dissolution and sittings of courts -martial 1[and court of  \r\nappeals] ; \r\n \r\n(f ) the procedure to be observed in trials by courts-martial 1[and court of \r\nappeals] and the appearing of legal practitioners thereat ; \r\n \r\n(g) the confirmation, revision and annulment of, and petitions against, the  \r\nfindings and sentences of courts-martial ; \r\n \r\n(h)  the carrying into effect of sentences of courts-martial 1[and court of \r\nappeals]; \r\n \r\n(i) the forms of orders to be made under the provisions of this Ordinance \r\nrelating to courts-martial 1[and court of appeals] and sentences of \r\n2[stoning to death, death, amputation of hand, foot or both, imprisonment,  \r\nwhipping] or detention ; \r\n \r\n(j) the constitution of authorities to decide for what persons, to what amounts  \r\nand in what manner provision should be made for dependants of prisoners  \r\nof war or missing persons under section 88 and  the due  carrying out of  \r\nsuch decisions ; \r\n \r\n(k)  the relative rank of and powers of command to be exercised by officers,  \r\njunior commissioned officers, warrant officers, petty officers and  non- \r\ncommissioned officers of the Pakistan Army, the Pakistan Navy and the  \r\nPakistan Air Force, when acting together ; \r\n \r\n(1) deductions on account of public and service debts from the pay and \r\nallowances of persons subject to this Ordinance ; and \r\n \r\n(m) any other matter directed by this Ordinance to be prescribed. \r\n \r\n(3) All rules made under this Ordinance shall be published in the Official Gazette and, on \r\nsuch publication, shall have effect as if enacted in this Ordinance. \r\n \r\n1Ins. by the Pakistan Navy (Amdt.) Ordinance, 1984 (37 of 1984), s. 29. \r\n2Subs. ibid., “death, imprisonment”. \r\nPage 70 of 71 \r\n \r\n178. Power to make regulations. (1) The 1[Federal Government] may make regulations \r\nfor the governance, command, discipline, recruitment, conditions of service and regulation of the  \r\nnaval forces 2[including the Chief of the Naval Staff 3[****]] and generally for all or any of the \r\npurposes of this Ordinance, other than those specified in section 177. \r\n \r\n(2) Without prejudice to the generality of the power conferred by sub -section (1), such  \r\nregulations may provide for : \r\n \r\n(a)  the rank, precedence, powers of command and authority of officers 4[, \r\nchief petty officers and sailors] ; \r\n \r\n(b) the terms and conditions of service, the pay, pensions, allowances and \r\nother benefits of officers and ratings ; \r\n \r\n(c) the ceremonials to be observed and the marks of respect to be paid in the \r\nservice ; and \r\n \r\n(d) any other matter which is directed by this Ordinance or the rules, to be \r\nspecified by regulations. \r\n \r\n179. Repeals. 5[* * * * * * *] \r\n \r\n(2) Officers and ratings of the Pakistan Navy, including the Pakistan Naval Reserve  \r\nForces, at the commencement of this Ordinance shall be deemed to have been appointed or  \r\nenrolled respectively as such under this Ordinance. \r\n \r\n[Chapter XVII. Transitory Provisions.] Omitted by the Federal Laws (Revision and \r\nDeclaration) Ordinance, 1981 (XXVII of 1981), s. 3 and Sch., II. \r\n \r\n \r\n6[CHAPTER XVIII SUPPLEMENTAL PROVISIONS \r\n \r\n182. Crews of ships lost or destroyed. When any one of the naval ships or naval vessels  \r\nis wrecked, lost or destroyed, or taken by the enemy, such ship or vessel shall, for the purposes of \r\nthis Ordinance, be deemed to remain in  commission until her crew is  regularly removed into  \r\nsome other naval ships or naval vessels, or until  a general court-martial has been held, pursuant  \r\nto the cause of the wreck, loss, destruction or capture of the said ship or vessel. \r\n \r\n183. All the officers and crew of lost ship may be tried by one court. When no specific \r\ncharges are made against any officer or chief petty officer or sailor or other person in the fleet for  \r\nor in respect or in consequence of any wreck, loss, destruction or capture by the enemy of any  \r\nnaval ship or naval vesse l, it shall be lawful to try all the officers and crew, or all the surviving  \r\nofficers and crew of any such ship or vessel together before one and the same court, and to call \r\n \r\n1Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”. \r\n2Added by Act III of 2020, s. 6.(w.e.f 27-11-2019). \r\n3Omiited by Act No. XXXV of 2025, s. 6. (It comes into force at once and shall always be deemed to have  been part of the Pakistan Navy \r\nOrdinance 1961(XXXV of 1953)) \r\n4Subs. by the Pakistan Navy (Amdt.) Ordinance, 1980 (55 of 1980), s. 25, for “and ratings”. \r\n5Sub-section (1) rep. by the the repealing and Amending Ordinance, 1965 (10 of 1965), s. 2 and 1st. Sch. \r\n6Chapter XVIII added by Ord. 55 of 1980, s. 26. \r\nPage 71 of 71 \r\n \r\nupon all or any of them to give evidence on oath or affirmation before the court touching any of  \r\nthe matters then under inquiry, but no officer or chief petty officer or sailor or other person shall  \r\nbe obliged to give any evidence which may tend to criminate himself : \r\n \r\nProvided that, if the Federal Government or the Chief of the Naval Staff or any officer  \r\nauthorized to convene court -martial considers necessary, it or he may convene separate courts - \r\nmartial for the trial of one or more such officers and crew. \r\n \r\n184. For subsequent offence s eparate court. For any offence or offence committed by  \r\nany officer or chief petty officer or sailor, or officers and chief petty officer and sailors after the  \r\nwreck, loss, destruction  or capture of any naval ship or naval vessel, a separate court-martial \r\nshall be held for the trial of such offender or offenders. \r\n \r\n185. Pay of crews of  ships lost or taken. When any naval ship or naval vessel is  \r\nwrecked, lost or otherwise destroyed, or taken by the enemy, if it appears from the sentence of a  \r\ncourt-martial that the crew of such ship or vessel did, in the case of ship or vessel wrecked or \r\nlost, their utmost to save her or get her off, and in the case of such ship or vessel taken by the  \r\nenemy did their utmost to defend themselves, and that they have, since the wreck, destruction,  \r\nloss or capture of such ship or vessel, behaved themselves well, and been obedient to their  \r\nofficers, then all the pay of such crews, or of such portions of such crews as have behaved  \r\nthemselves well and been  obedient to their officers,  shall be continued until  the time of their  \r\nbeing discharged or removed into other naval ship or naval vessel, or of their death. \r\n \r\n186. When ship of senior officer is lost he may dispose of officers and crew of lost  \r\nships. If the naval ship of any officer ordered to command any two or more of naval ships is  \r\nwrecked, lost or otherwise destroyed, such officer shall continue in the command of any ship or  \r\nships which at the time of his ship being wrecked, lost or destroyed was or were under his  \r\ncommand, and it shall be lawful for such officer to order the surviving officers and crew of the  \r\nwrecked, lost or destroyed ship to join any other ship under his command, or to distribute them  \r\namong the other ships under his command, if more than one, and such  officer shall, until he  \r\nmeets-with some other  officer senior  to himself, have the same power  and authority in  all \r\nrespects as if his ship had not been wrecked, lost or destroyed.] \r\n \r\n[THE SCHEDULE.] Rep. by the Repealing an d Amending Ordinance, 1965 (x of  1965), \r\ns. 2 and 1st Sch. \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n           Dated:26-11-2025",
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