Power to make regulations

Section 184 of the Navy Act, 1957 deals with power to make regulations. The Central Government may, by notification in the Official Gazette, make regulations for the governance, command, discipline, recruitment, conditions of service and regulation of the naval forces and generally for the purpose of carrying into effect the provisions of this Act. The Act came into force on 01 Jan 1958.

(1) The Central Government may, by notification in the Official Gazette, make regulations for the governance, command, discipline, recruitment, conditions of service and regulation of the naval forces and generally for the purpose of carrying into effect the provisions of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for--

(a) the rank, precedence, powers of command and authority of officers and ¹[sailors] in the naval service;

(b) the relative rank, precedence, powers of command and authority of officers and ¹[sailors] in the naval service in relation to members of the regular Army and the Air Force;

²[(c) the cases in which, and the conditions subject to which, powers of punishment may be exercised under sub-section (2) of section 7;

(ca) the retirement, discharge and dismissal of persons in the naval service;

(cb) the authority to which any matter referred to in section 19A may be referred and the manner in which an enquiry may be made by that authority;]

(d) the convening and constitution of courts-marital and the appointment of prosecutors at trials by court-martial;

(e) the adjournment, dissolution and sittings of courts-martial;

(f) the procedure to be observed in trials by courts-martial, the persons by whom an accused may be defended in such trials and the appearance of such persons thereat;

(g) the forms of orders to be made under the provisions of this Act relating to courts-martial and the awards and infliction of death, imprisonment and detention;

(h) the carrying into effect of sentences of courts-martial;

(i) any matter necessary for the purpose of carrying this Act into execution as far as it relates to the investigation, arrest, custody, trial and punishment of offences triable or punishable under this Act;

(j) the terms and conditions of service, the pay, pensions, allowances and other benefits of persons in the naval service, including special provision in this behalf during active service;

(k) the ceremonials to be observed and marks of respect to be paid in the naval service;

(l) the convening of, the constitution, procedure and practice of boards of inquiry, the summoning of witnesses before them and the administration of oaths by such boards;

(m) the computation of time of absence without leave or custody of deserters and absentees without leave;

(n) any matter relating to the realisation and disposal of the estates of officers or ⁶⁹ sailors who are deceased, ascertained to be of unsound mind or reported missing on active service;

(o) the enquiry into the conduct of prisoners of war, and their pay and allowances;

(p) the provision to be made for the wives and children of prisoners of war or missing persons;

(q) the procedure relating to the exercise of powers under section 163;

³[(qa) the amount required to be prescribed under clause (b) of section 176]

(r) any other matter which is to be, may be, or is required to be, prescribed under this Act.

Section 184, The Navy Act, 1957 (Act 62 of 1957).