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Pakistan Navy Ordinance, 1961
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PREAMBLE.
.
CHAPTER I.
PRELIMINARY
1
Short title and commencement
2
Persons subject to this Ordinance
3
Secondment to Army or Air Force
4
Definitions
4 A
Facilities for the performance of religious duties
CHAPTER II.
SPECIAL PROVISIONS FOR THE APPLICATION OF THIS ORDINANCE IN CERTAIN CASES
5
Application of this Ordinance to certain forces under the Federal Government
6
Special provision as to rank and command in certain cases
7
Officers exercising powers in certain cases
8
Exercise of powers vested in holder of naval office
9
Power to declare persons to be on active service
CHAPTER III.
APPOINTMENT, COMMISSION AND ENROLMENT
10
Eligibility for employment
11
Appointment and commission
12
Enrolment and junior commission
13
Validity of enrolment
14
Attestation
CHAPTER IV.
CONDITIONS OF SERVICE
15
Tenure of service
16
Liability for service
17
Termination of service
18
Release on expiry of period of engagement
19
Discharge or dismissal when out of Pakistan
20
Certificate on termination of service
21
Power to modify certain fundamental rights in their application to persons subject to this Ordinance
CHAPTER V.
SERVICE PRIVILEGES
22
Authorised deductions only to be made from pay
23
Remedy of aggrieved persons
24
Immunity from attachment
25
Immunity from arrest for debt
26
Immunity of persons attending courts-martial from arrest
27
Priority in respect of naval personnel's litigation
28
Saving of rights and privileges under other laws
CHAPTER VI.
OFFENCES
(i) Misconduct in Action and Assistance to Enemy
29
Misconduct in action by persons in command
30
Misconduct in action by other officers and men
31
Obstruction of operations
32
Corresponding with, supplying or serving with the enemy
(ii) Neglect of Duty
33
Sleeping on watch or abandoning post
34
Neglect of duty
(iii) Mutiny
35
Definition of mutiny
36
Offences of mutiny
37
Failure to suppress mutiny
38
Attempt to stir up disturbance
39
Using criminal force to superior officer
40
Disobedience
41
Insubordinate behaviour
42
Violation of this Ordinance, rules, regulations and orders
43
Fighting and quarreling
44
Obstruction of provost officers
(v) Desertion and Absence without Leave
45
Definition of desertion
46
Desertion
47
Absence without leave
48
Failure to report deserters and absentees
(vi) Navigation and Flying Offences
49
Loss or hazarding of ship or aircraft
50
Dangerous flying
51
Low flying
52
Annoyance by flying
(vii) Prize Offences
53
Prize offences by commanding officers
54
Other prize offences
(viii) Other Offences in respect of Ships and Aircraft
55
Inaccurate certification
56
Improper carriage of goods
(ix) Malingering and Intoxication
57
Malingering
58
Definition of intoxication
59
Offences of intoxication
(x) Offences in respect of Nawal Custody
60
Irregularity in connection with custody
61
Escape from custody
62
Permitting escape of person in custody
(xi) Offences relating to Property
63
Theft and dishonest misappropriation, etc
64
Making away with equipment, etc
65
Loss and waste of Government and service property
(xii) Miscellaneous Offences
66
Unauthorised disclosure of information
67
Falsification of documents
68
Signing in blank and failure to report
69
False answers on enrolment
70
Unbecoming conduct by officers
71
Disgraceful conduct
72
False accusation
73
Offences in relation to courts-martial [or court of appeals]
74
False evidence
75
Conduct to the prejudice of naval discipline
(xiii) Attempts and Abetments
76
Attempts to commit naval offence
77
Abetment of offences
(xiv) Civil Offences
78
Civil offences triable by naval tribunal
79
Civil offences triable by naval tribunal under special circumstances
CHAPTER VII.
PUNISHMENTS
80
Scale of punishments
81
Provision as to award of punishment
CHAPTER VIII.
PENAL DEDUCTIONS
82
Deductions from pay and allowances of officers and rating [chief petty officers and sailors]
83
Limit of certain deductions
84
Pay and allowances during trial
85
Deduction from money due to person
86
Pay and allowances of prisoner of war during inquiry into his conduct
87
Remission of deductions
88
Provision for dependants of prisoner of war from his pay and allowances
CHAPTER IX.
ARREST AND PROCEEDINGS BEFORE TRIAL
89
Duty to bring offenders to justice and powers of arrest
90
Provision for avoiding delay after arrest
91
Duty to receive or keep in custody
92
Procedure before trial
93
Arrest under warrants of naval authorities
94
Provost-marshals
CHAPTER X.
AUTHORITIES HAVING POWER TO AWARD PUNISHMENT
95
Naval tribunal
96
General court-martial
97
District court-martial
98
Summary general court-martial
99
Composition of courts-martial
99 A
Members of court-martial and presiding officer of court of appeals to be muslims
100
Judge advocate
101
Quorum and dissolution of courts-martial
102
Powers of commanding officers to respect of summary trial
103
Powers of other authorities in respect of summary trial
104
Place of trial
105
Period of limitation for trial
106
Liability of offender who ceases to be subject to this Ordinance
107
Concurrent jurisdiction of naval tribunal and criminal court
108
Prohibition of second trial
CHAPTER XI.
PROCEDURE OF COURTS-MARTIAL
109
Objections
110
Administration of oath
111
Voting by members
112
Power to convict of mitigated offence
113
Power to convict of alternative offence
114
General rules as to evidence
115
Judicial notice
116
Summoning of witnesses
117
Commission for the examination of witnesses
118
Presumption as to signature
119
Enrolment paper
120
Presumption as to certain documents
121
Reference by accused to Government officer
122
Evidence of previous convictions and general character
123
Lunacy of accused
124
Subsequent fitness of lunatic accused for trial
125
Transmission to Federal Government of orders under section 124
126
Release of lunatic accused
127
Delivery of lunatic accused to relatives
128
Order for custody and disposal of property pending trial
129
Order for disposal of property regarding which offence is committed
CHAPTER XII.
CONFIRMATION, REVISION AND REVIEW
130
Confirmation of finding and sentence
131
Power of confirming authority
131 A
Sentence requiring confirmation by court of appeals
132
Power of confirming authority to mitigate, remit or commute sentences
133
Power of confirming authority to return the finding and sentence to the court for revision
134
Remedy against an order of court-martial before confirmation of finding of sentence
135
Review by the Federal Government or the Chief of the Naval Staff of finding and sentence
136
Remedy of aggrieved persons, on being convicted by a court-martial
137
Power to quash or alter findings
138
Power to remit or alter sentences
138 A
Court of appeals
139
Saving of functions of Judge Advocate-General
140
Bar of Appeals
CHAPTER XIII.
EXECUTION OF SENTENCES
141
Form of sentence of stoning to death and death
142
Commencement of sentence of imprisonment or detention
143
Execution of sentence of imprisonment
143 A
Form of sentence of amputation of hand, foot or both or whipping
144
Execution of sentence of detention
144 A
Execution of sentence of time
145
Interim custody of persons under sentence of death, imprisonment or detention
146
Authority for committal and transfer of prisoners
147
Conveying of prisoners from place to place
148
Communication of certain orders to prison officers
149
Establishment and regulation of naval prisons or detention barracks
150
Power to make rules in respect of prisons and prisoners
151
Restriction of rule-making power in respect of corporal punishment
152
Procedural defect or error in the order or warrant
CHAPTER XIV.
PARDONS, REMISSIONS AND SUSPENSION.
153
Pardon and remission
154
Cancellation of conditional pardon or remission
155
Suspension of sentence of imprisonment or detention
156
Orders pending suspension
157
Release on suspension
158
Computation of period of suspension
159
Order after suspension
160
Reconsideration of case after suspension
161
Fresh sentence after suspension
162
Scope of power of suspension
163
Effect of suspension and remission on dismissal
CHAPTER XV.
PROPERTY OF DECEASED PERSONS, DESERTERS AND LUNATICS
164
Property of deceased persons and deserters (other than officers)
165
Disposal of certain property without production of probate, etc. (other than officers)
Pakistan Navy (Amendment) Act, 2005
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