Navy Act
Act No. 34 of 1950
AN ACT TO PROVIDE FOR THE RAISING AND MAINTENANCE OF A NAVY AND FOR MATTERS CONNECTED THEREWITH
(9th December 1950)
Short title
1. This Act be cited as the Navy Act.
PART 1
ORGANIZATION OF THE SRI LANKA NAVY
Lanka Navy
2. (1) There shall be raised and maintained, in accordance with the provisions of this Act and of the regulations made there under, a Navy to be called the Sri Lanka Navy (and hereinafter referred to as the "Navy"), not exceeding such strength as may form time to be determined by Parliament.
(2) The Navy shall consist of -
(a) a Regular Naval Force,
(b) a Regular Naval reserve, and (c) such Volunteer Naval Force and Volunteer Naval Reserve as may be constituted under sections 5 and 6.
Regular Naval Force
3. (1) The regular Naval Force shall consist of officers and seamen who are appointed or enlisted for the purpose of rendering continues service under this act during the period of their engagement.
(2) The Regular Naval force shall be organized in such manner as may form time to time be determined by the His/Her Excellency the President.
(3) Where the whole or any part of the Regular Naval Reserve, Volunteer Naval Force, or Volunteer Naval reserve is called out, as hereinafter provided, on active service or for naval training the officer and seamen of such reserve, force or part so called out shall, during the period of such service or training be deemed for all purposes, to be officers and seamen of the regular Naval Force.
Regular Naval Reserve
4. The Regular Naval Reserve shall consist of officers and seaman who by Order of His/Her Excellency the President are transferred to such reserve from the Regular Naval force or attar service in the Regular Naval Force in accordance with the terms of their enlistment or after service in the Regular Naval Force".
Volunteer Naval Force
5. (1) There may be raised and maintained, in accordance with the provisions of this Act and the regulation made hereunder, a force of volunteers for the purpose of rendering service under this Act.
(2) The force of volunteers raised and maintained under this Act shall be called the Volunteer Naval Force.
(3) The Volunteer Naval Force shall be organized in such manner as may form time to time be determined by the His/Her Excellency President.
(4) Every member of the Lanka Naval Volunteer Force raised under the Naval Volunteer Ordinance, No.1 of 1937,* who is not in actual service (within the meaning of the Ordinance) on the day immediately preceding the data on which this Act comes into operation shall be deemed to be a member of the Volunteer Naval Force raised under this Act.
Volunteer Naval Reserve
6. (1) There may be organized and maintained a Volunteer Naval Reserve consisting of such officer and seamen of the Volunteer Naval Force or of any other unit of the Navy as are transferred to such reserve by order of the His/Her Excellency President.
Training
7.The whole or any part of the Regular Naval Reserve. Volunteer Naval Force, or Volunteer Naval Reserve may by order of the His/Her Excellency President be called out for Naval training with the whole or any part of the Regular Naval Force during any period specified in such order.
Commander of the Navy
8. (1) His/Her Excellency president shall appoint a fit and proper person to command the Navy.
(2) The Person appointed under subsection (1) shall be designated Commander of the Navy.
PART II
COMMISSIONED OFFICERS
Appointment of Commissioned Officers
9. (1) All officers other than warrant officers and subordinate officers shall be appointed by commissions under the hand of His/Her Excellency the President. An officer so appointed is hereinafter referred to as a "commissioned officer".
(2) No commission issued by the His/Her Excellency President under subsection (1) shall become invalid by reason of his death or vacation of office.;
Duration of appointments
10. Every commissioned officer shall hold his appointment during the President's pleasure.
Resignation
11. (1) A commissioned officer of the Regular Naval Force or Regular Naval Force or Regular Naval Reserve shall not have the right to resign his commission but may be allowed by the His/Her Excellency the President to do so.
(2) A commissioned officer of the regular Naval Force or Regular Naval Reserve who tenders, the resignation of his/her commission to the His/Her Excellency the President shall not be relieved of the duties of his/her appointment until:-
(a) he has returned to the prescribed officer in good order (fair wear and tear only excepted ) all such arms , clothing and appointments in his possession as are the property of the Navy, and
(b) the acceptance of his resignation is notified in the Gazette.
(3) Where a commissioned officer of the Volunteer Naval Force or Volunteer Naval Reserve dees to resign hid commission on any date, he/her shall not less than three months before that date, give His/Her Excellency the President written notice that he will be resigning his commission on that date.
(4) Where a commissioned officer of the Volunteer Naval Force or Volunteer Naval Reserve has resignation of his commission he shall, upon his in accordance with subsection
(3)gives notice of the returning to the prescribed officer in good order (fair war and tear only excepted )all such arms, clothing and appointments in his possession as are the property of the Navy , be entitled to resign his commission :-
(a) if he is not on active service on the date of resignations specified in such notice , or
(b) if he is on active service, immediately after the termination of such service.
PART III
SEAMEN
Enlistment
12. (1) The enlistment of persons as seaman shall be in accordance with such regulations as may be made in that behalf under this Act.
(2) Every person sleeted for enlistment as a seaman shall appear before a prescribed officer and sign an attestation paper containing the terms of his/her enlistment.
(3) The attestation paper referred to in subsection (2) shall be in the prescribed form.
Original Enlistment, and re-engagement
13. (1) Subject to the provisions of section 17, the enlistment of a person as a seaman of the Regular Naval Force shall:-
(a) be for the prescribe period which shall be called the period of original enlistment, and
(b) be entirely for service in such force or party for such service and party for service in the Regular Naval Reserve.
(2) A Seaman may before the expiry of the period of his original enlistment, be re-engaged for a further period of Naval service not exceeding the prescribed maximum period of re-engagement.
provided however, that when a seaman has entered into a bond to serve the Navy or the Government of Sri Lanka for a specified period, he shall serve the Navy until the expiration of the specified period, notwithstanding the fact that such specified period extends beyond the period of original enlistment or period of re-engagement as the case may be and
(3) A seaman of the Regular Naval Force or Regular Naval Reserve shall not be relieved of this duties as seaman until he has returned to the prescribed officer in Good order (fair wear and tear only excepted) all such arms, clothing and appointments in his possession as are the property of the Navy.
Discharge of seaman of Volunteer Naval Force of Volunteer Naval Reserve
14. Where a seaman of the Volunteer Naval Force or Volunteer Naval Reserve dees to obtain his discharge form such force or reserve on any date before the expiry of the period for which he has volunteered to serve in such force or reserve, he shall not less than three months before such date make a written request to his commanding officer for such discharge and if he makes such request, he shall subject to the provisions of section 17 , be entitled to be discharged from such force or reserve on such date ,upon his returning to the prescribed officer in good order (fair wear and tear only excepted )all such arms ,clothing and appointment in his possession as are the property of the Navy.
PART IV
SERVICE
Employment of Regular Naval Force
15. The regular Naval Force shall at all times be liable to be employed on active service.
Employment of Regular Naval Reserve, Volunteer Naval Force, and Volunteer Naval Reserve
16. (1) His/Her Excellency the President may:-
(a) for the defense of Lanka in time of war whether actual or apprehended, or
(b) for the prevention of any rebellion insurrection or other civil disturbance in Lanka.
by Proclamation or, where the circumstances render it impossible to issue a proclamation ,by order callout on active service the whole or any part of all or of the following units of the Navy:-
Regular Naval reserve
Volunteer naval Force
Volunteer Naval Reserve
(2) If Parliament is sitting at the date of a Proclamation an order under subsection (1) the President shall forthwith communicate to Parliament the reason for issuing the proclamation or order. if parliament is not than sitting His /Her Excellency the president shall summon parliament to meet as soon as possible but not later than thirty days after the aforesaid date, and shall, at the first sitting of parliament after it is summoned, communicate the aforesaid reason.
(3) All officer and seamen of any such part of the navy as is called out on active service under subsection (1) shall be deemed to be on such service until His/Her Excellency the president terminates such service by Proclamation.
Prolongation of service in the Navy
17. Where the time of which a seamen is entitled to be discharges from the navy occurs during the period when the whole or any part of the Navy is on active service, His/Her Excellency the President may by order prolonged the service of that seaman in the Navy for such period
Relations between Naval, Military, and Air Force of Sri Lanka acting together
18. (1) Where an officer or a seaman of the Navy is attached to, or is a member of any part of the Navy acting with, any military or Air Force of Lanka under such conditions as may be prescribed, than for the purposes of command and discipline, the officers and the non-commissioned officers (not below the rank of Sergeant ) of such force shall in relation to him, be treated as
and have all powers (other than powers of punishment) vested in, officers or petty officers of the Navy as the case may be.
(2) Where an other or a non-commissioned officer (not below the rank of Sergeant) of the Army or Air Force of Sri Lanka is attached to or is a member of any military or Air Force of Sri Lanka which is acting with, any part of the Navy under such conditions as may be prescribed, the, for the purposes of command and discipline, he shall in relation to that part of the Navy be treated as, and have all the powers (other than the powers of punishment) vested in an officer or a petty Officer of the navy as the case may be.
Officers and seamen of the Navy in ships and Naval establishments of any member of the Commonwealth other Sri Lanka
19. Any officer or seaman of the Navy who, by order of the Commander of the navy, is serving in a ship of, or belonging to the naval forces of any country (other than Sri Lanka) which is a member of the common-wealth, or in a naval establishment of such country, or who is on board such ship or in such establishment awaiting passage or conveyance to any destination shall for the purposes of command and discipline, be subject to the laws and customs for the time being applicable to the ships and Naval forces of such country.
Co-operation with foreign Naval Force
20. (1) If the whole or any part of the Navy is required to act in co-operation with any foreign Naval force, the President may place the Navy or such part thereof under the command of the officer commanding such foreign naval force if that officer in senior in rank to all the officers of the Navy or of such part thereof.
(2) Where any officer or petty officer of the Navy as acting in co-operation with any foreign Naval force in defense of Sri Lanka, the President may in agreement with the Commander of such force, define the powers of command and the order of precedence of such officer or petty officer in relation to a member of such force who is of the same or similar rank.
Performance of non-Naval duties
21. (1) The President may order all or any of the members of the Navy to perform such non-naval duties as he may consider necessary in the national interest.
(2) Every officer or seaman of the Navy shall perform such duties as may be imposed on him by order of the President under subsection (1).
PART V
PERSONS SUBJECT TO NAVAL LAW
Meaning of "person subject to Naval law"
22. For the purposes of this Act. "Persons subject to Naval law" means a person who belongs to any of the following classes of persons :-
(a) all officers and seamen of the Regular Naval Force;
(b) all such officers and seamen of the Regular Naval Reserve, Volunteer Naval Force, or Volunteer Nava Reserve, as are deemed to be officers and seamen of the Regular Naval Force under subsection (3) of section 3;
(c) all persons who by virtue of any provisions of this Act are deemed to be persons subject to Naval law.
Persons liable to Naval custody
23. A person subject to Naval law who commits any Naval or civil offence may be taken into Naval custody.
24. (1) A senior officer may order into Naval custody a junior officer who, being a person subject to Naval law, commits any Naval or civil offence and a junior officer may order into Naval custody a senior officer who, being a person subject to Naval law, is engaged in a quarrel, affray or disorder.
(2) Any officer or petty officer may order into naval custody any seaman who, being a person subject to Naval law, commits any Naval or civil offence.
Naval custody of officer or seaman not active service
25. Where any officer or seaman not on active service is kept in Naval custody for a longer period than seven days without trial, his commanding officer shall submit weekly to the officer to whom application would be made to convene a court martial if the person in Naval custody were to be tried by a court martial, a written report on the necessity for such custody, until he is brought to trial or is released from such custody.
Time-limit for prosecution
26. No person subject to Naval law, unless he is an offender who has avoided apprehension or fled from justice, shall be tried or punished by a court martial or by a Naval officer exercising judicial powers under this Act for any offence committed by that person unless the trial takes place within a period of three years. From the date of the discovery of the offence or, where that person has been absent from Sri Lanka during such period, within one year after his return to Sri Lanka.
Trial and punishment of offenders who have ceased to be subject Naval law
27. Where a person subject to Naval law commits an offence and thereafter ceases to be a person subject to Naval law, he may be taken into and kept in Naval custody and be tried and punished for that offence in like manner as he might have been taken into and kept in Naval custody and tried and punished if he had continued to be a person subject to Naval law:
Provided that after the expiration of two years from the date of discovery of such offence he shall not be tried for such offence unless such offence is the offence of mutiny or desertion.
(2) Where a person subject to Naval law is sentenced by a court martial or by a naval officer exercising judicial powers under this Act to imprisonment or detention for any offence and thereafter ceases to be a person subject to naval law, he may, during his imprisonment or detention, be dealt with as if he had continued to be a person subject to Naval law.
PART VI
JUDICIAL POWERS OF COMMANDING OFFICERS
Summary trial ofoffenders by Commanding Officers
28. (1) Where an officer of the rank of lieutenant or below is charged with a non capital offence other than an offence which is expressly required by this Act to be tried by count martial, the Commander of the Navy or an officer not below the rank of Captain as may thereto be authorized by the Commander of the Navy shall ask the accused whether he dees to be dealt with summarily or to be tried by a court martial and ,if the accused elects to be tried by a court martial shall take steps for his trial by court martial ,with the accused summarily :Provided, however ,the punishment such officer shall have power to impose ,shall be forfeiture of seniority or any less severe punishment in the scale of punishments.
(2) A commanding officer may , except in the cases which are expressly required by this Act to be tried by a court martial, summarily try and punish a seaman who has committed any non-capital offence subject to the restriction that commanding officer shall not have power to award imprisonment or detention for more than three months.
Right of offender who is a Petty Officer to elect to be tried summarily or by court martial
29. Where a warrant officer or petty officer is charged with a non-capital offence other than a disciplinary officer are an offence which is expressly required by this Act to be tried by a court martial his commanding officer shall ask him whether he dees tube dealt with summarily or to be tried by a court martial and if he elects to be tried by a court martial shall take steps for his trial by a court martial.
Delegation of commanding officer's judicial powers
30. A commanding officer may in accordance with such regulation as may be made in that behalf under this Act delegate his power of dealing summarily with an offender to an officer under his command.
Witnesses at summary trials to give evidence on oath or affirmation
31. Every witness at a summary trial of an offender by a Naval officer exercising judicial power under this Act shall before giving evidence take or make the same oath or affirmation as that required to be taken or made by a witness before a court martial.
Record of proceedings at summary trials
32. Every Naval officer exercising judicable powers under this Act Who tries an offender summarily shall except in any such case of circumstance as may be prescribed make a brief record of the proceedings at the trial.
PART VII
COURT MARTIAL
Jurisdiction of courts martial
33. A count martial may try and punish a person subject to Naval law who has committed any Naval or civil offence.
Authorities who may order court martial to be held
34. (1) A count martial may try and punish a person subject to Naval law who has committed any Naval or civil offence.
(2) An officer authorized by the President to order courts martial to be held shall not have the power to do so if there is present at the place where a court martial is to be held any officer superior in rank to himself on full pay and in command of one or more of the ships of the Navy; and in such a case such last-mentioned officer may order a court martial to be held, although he has not been authorized to do so by the President.
(3) An officer authorizer by the President to order courts martial to be held and having the command of a feet or squadron in foreign parts dies is recalled, leaves his station ,or is removed form his command the officer for the time being in command of such fled or squadron shall; without any authorization form the President, have the same power to order courts martial to be held as the firstmentioned officer was invested with.
(4) An officer authorized by the President to order courts martial to be held and having the command of a fleet or squadron in foreign parts may in writing authorize-
(a) where he separates himself from such fleet or squadron, the next senior officer of such fleet or squadron, and
(b) where he assigns separate service to a detachment of such fleet or squadron, the commanding officer for the time being of such detachment.to order courts martial to be held during his absence from such fleet or squadron or during the time of separate service of such detachment, as the case may be. Constitution of court martial
(35) (1) A court martial shall consist of not less then three nor more than nine members.
(2) A court martial shall -
(a) where it is convened to try person subject to naval law for the offence of treason, murder or rape, consist of not less than five members, and
(b) where it is convened to try a person subject to navel law for any other offence, consist of not less then three members.
(3) where a commander, lieutenant commander, or lieutenant is a member of a court martial, the number of a court martial, the number of members of the court martial shell not exceed five.
(4) no person shell be qualified to be a member of a court martial unless he has attained the page of twenty one years and is flag officer captain commander lieutenant-commander or lieutenant of the navy or an officer of equivalent rank in the army or air force of Sri Lanka.
(5) Where the members of a court martial consist of officers of the Navy and officers of the Army or Air Force, there shall be not less than one officer of the Navy for every two officers of the Army or Air Force among such members.
(6) The following shall not be members of a court martial :-
(a) the officer who investigated the charge on which the offender is arraigned;
(b) the officer who ordered the court martial to be held;
(c) the commanding officer of the offender;
(d) he prosecutor;
(e) any witness for the prosecution.
(7) No Commander, Lieutenant Commander, or Lieutenant shall be required to be a member of a court martial when four officers of a higher rank and junior to the president of the court martial can be assembled at the place where the court martial is to be held (but the regularity or validity of a court martial or of the proceedings thereof shall not be affected by reason only of the fact that a Commander, Lieutenant Commander, or Lieutenant is required to be or is a member thereof under any circumstances).
(8) The president of a court martial shall be named by the authority ordering the court martial to be held or' by an officer empowered by such authority to name the President and the other members of the court martial may be named by the authority ordering the court martial : and
(9) No court martial for the trial of a flag officer shall be duly constituted unless the president is a flag officer and the other members of the court martial are of the rank of Captain or of higher rank.
(10) No court martial for the trial of a Captain shall be duly constituted unless the president is a captain or of higher rank and the other members of the court martial are commanders or officers of higher rank.
(11) No court martial for the trial of a person below the rank of Captain shall be duly constituted unless the president is a Captain or of higher rank nor, if the person to be tried is of the rank of Commander, unless in addition to the president, two other members of the court martial are of the rank of Commander or of higher rank.
(12) Subject to the other provisions of this section, when a court martial is to be held, the officer appointed to preside there at shall summon the necessary number of persons to be members of the court martial from the officers next in seniority to himself present at the place where the court martial is to be held, unless the other members have been named by the authority ordering the court martial.
Where court martial are to be held
36. A court martial shall be held at such convenient place as may be determined by the person ordering the court martial to be held.
Sittings of court martial
37. A court martial may, if it appears to the court martial that an adjournment is deable be adjournment for a period not exceeding six days, but, except where such an adjournment is ordered, shall sit from day to day, with the exception of public holidays within the meaning of the Holidays Act, No. 29 of 1971 until sentence is given, unless prevented from doing so by stress of weather or unavoidable accident. The proceedings of a court martial shall not be delayed by the absence of any member of the court martial unless the result of such absence is that the minimum number of members required by this Act to 'constitute the court martial is not present.
Provided, however, the validity of any proceeding of any court martial shall not be affected by reason only of it being held on a public holiday.
Appointment of Judge Advocate
(38) (1) The authority ordering a court martial to be held shall appoint a person who has sufficient knowledge of procedure of courts martial and of the general principles of law and of the rules of evidence to act as the Judge-Advocate of the court martial.
(2) A person who is disqualified under this Act from being a member of a court martial shall not be appointed as the Judge Advocate of that court martial.
Duties of Judge Advocate
39. The powers and duties of the Judge-Advocate of a court martial be as follows;
(a) It shall be his duty, whether before or during the proceedings, to give advice on questions of law or procedure relating to the charge or trial to the procedure and to the accused, who are hereby declared to be entitled to obtain such advice at any time after his appointment.
Provided that during proceedings he shall give such advice with the prior permission of the court martial.
(b) It shall be his duty to invite the attention of the court martial to any irregularity in the proceedings. Whether or not he is consulted, he shall inform the court martial and the authority who has ordered the court martial to be held, of any defect in the charge or in the constitutions of the court martial, and shall give his advice on any matter before the court martial.
accused does not suffer any disadvantage in consequence of any incapacity to examine or cross-examine witnesses or to give evidence clearly and may for that purpose with the permission of the court martial question any witness on any relevant matter.
(d) At the conclusion of the case he shall, unless both he and the court martial consider it unnecessary, sum up the evidence and advise the court martial upon the law relating to the case before the court martial proceeds to deliberate upon its finding.
Oath or affirmation to be taken or made by members of court martial, Judge -Advocate, and witnesses
40. (1) Every member of a court martial and the Judge-Advocate shall take the prescribed oath or make the prescribed affirmation before the commencement of the trial of a case.
(2) Every witness before a court martial shall take the prescribed oath or make the prescribed affirmation before the ommencement of his evidence.
Objection by accused to members of court martial
41. (1) The names of the members of a court martial shall, before the members are sworn or affirmed, be read in the hearing of the accused; and the accused shall be asked whether he objects to any such-member, and where as hereinafter provided any such member retires on being objected to and a successor to the retiring member is appointed, the accused shall be asked whether he objects to the succeeding member.
(2) The accused may object, for any reasonable cause, to any member of the court martial, including the president whether appointed to serve on the court martial originally or to fill a vacancy caused by the retirement of a member objected to, so that the court martial may be constituted of officers to whom the accused has no reasonable objection.
(3) An objection of the accused to any member of a court martial shall be submitted for decision to the other members of the court martial.
(4) An objection of the accused to the president of a court martial shall, if upheld by one-third or more of the other members of the court martial, be allowed, and the court martial shall adjourn for the purpose of the appointment of another president.
(5) Where an objection of the accused to the president of a court martial is allowed, the authority by whom the court martial was ordered to be held shall appoint another officer as president and such officer shall act as president subject to the right of the accused to object to him.
(6) An objection of the accused to a member of a court martial other than-the president shall, if upheld by one-half or more of the other members of the court martial, be allowed, and the member objected to shall retire, and the authority by whom the court martial was ordered to be held shall appoint a successor to the retiring member subject to the right of the accused to object.
Dissolution of court martial
42. (1) Where the number of members of a court martial after the commencement of the trial of a case is, by death or therwise, reduced below the minimum number of members required for the constitution of the court martial under this Act, the court martial shall be dissolved.
(2) Where after the commencement of the trial of a case the president of a court martial dies or is otherwise unable to attend the court martial and the number of members of the court martial is not reduced below the minimum number of members required for the constitution of the court martial under this Act, the authority by whom the court martial was ordered to be held may appoint a senior member of the court martial, if he is of sufficient rank, to be president, and the trial shall proceed accordingly, but if he is not of sufficient rank, the court martial shall be dissolved.
(3) Where the Judge-Advocate of a court martial dies or is unable to attend the court martial owing to illness or any other cause, the court martial shall adjourn and the president shall report the circumstances to the authority by whom the court martial was ordered to be held; and in the case of the death of the Judge-Advocate, or where the authority by whom the court martial was ordered to be held is of the opinion that it is inexpedient to delay the trial until the Judge-Advocate who is unable to attend the court martial is able to do so, the court martial shall be dissolved.
(4) Where the trial of an accused by a court martial cannot, within a reasonable time having regard to all the circumstances, be continued owing to the illness of the accused, the court martial shall be dissolved.
(5) Where a court martial held for the trial of an accused is dissolved under any of the preceding subsections, the accused may be tried again by another court martial, without prejudice to the provisions of section 26.
Manner of deciding questions before court martial
43. Every question before a court martial shall be decided by the majority vote of the members of the court martial. Where their is an equality of votes of the members of a court martial on the question of the finding in any case ,the accused in that shall be deemed to be acquitted. Where there is an equality of votes of the members of a court martial on the sentence in any case or on any question arising after the commencement of the hearing of any case other than the question of the finding, the president shall have a casting vote.
Recommendatio n to mercy
44. Where a court martial recommends a person under sentence to mercy, the recommendation shall be attached to and form part of the proceeding of the court martial and shall be promulgated and communicated to such person together with the finding and sentence.
Power to order place of court martial to be cleared of persons
45. The president of a court martial may, on any deliberation among the member of the court martial, cause the place where the court martial is held to be cleared of all other persons.
Effect of acquittal or conviction of an offence
46. A court martial shall not try a person for any offence if -
(a) he has been already acquitted or convicted of that offence has been dismissed, or he has been dealt with summarily for that offence by a naval officer exercising judicial power under this Act.
(b) the charge against him in respect of that offence has bee3n dismissed ,or he has been dealt with summarily for that offence by a naval officer exercising judicial power under this Act.
Where offence proved is included in offence charged
47. Where it a person is charged with an offence before a court martial and facts are proved which reduce it to a minor offence, he may be convicted of the minor offence although he was not charged with it.
Accused who is unsound mind
48. (1) Where a person is charged with an offence before a court martial and facts are proved which reduce it to a minor offence ,he may be convicted mind and consequently of making his defense, the court martial shall record an express finding of the fact of his unsoundness of mind and incapacity; and he shall be kept in custody until the directions of the His/Her Excellency the President thereon are obtained or until any earlier time at which he fit to take his trial.
(2) Where ,on the trial of an accused by a court martial it appears that he did the act or made the omission with which he is charged but that he was of unsound mind at the time of such act or omission ,the court martial shall record an express finding that time when guilty of such act or the omission but was of unsound mind at the time when he did the act or made the omission; and he shall be kept in custody until the directions of His/Her Excellency the President thereon are obtained.
(3) Where a court martial records an express finding under this section that an accused is of unsound mind , His/Her Excellency the President may give orders for the safe custody, during his pleasure, of the accused in such place and in such manner as His/Her Excellency the President Thinks fit.
Imprisonment or detention of offender who is under sentence for previous offence
49. Where a person who is already under a sentence of imprisonment or detention passed on him under this Act for a former offence is convicted of an offence by a court martial may award him a sentence of imprisonment or detention to which he has been previously sentenced , although the aggregate of the terms of imprisonment or detention may exceed the term for which any of those punishments could be otherwise awarded.
Provided that nothing in this section shall cause a person to undergo imprisonment or detention for a period exceeding the aggregate of three consecutive years, and so much of any term of imprisonment or detention imposed on a person by a sentence in pursuance of this section as would prolong the total term of his punishment beyond that period shall be deemed to be remitted.
Counsel at court martial
50. (1) At all proceedings before a court martial the prosecution as well as the defense shall be entitle to be represented by counsel.
(2) The following provisions shall have effect with respect to the conduct of consul papering on behalf of the prosecution or defense at a court martial:-
(a) Any conduct of a counsel which would be liable to censure, or would be a contempt of court ,if it occurred before a; civil court ,shall like wise be deemed liable to censure, or be deemed a contempt of the court martial, if it occurs before a court martial.
(b) Where the conduct of a counsel appearing before a court martial is deemed liable to censure or is deemed a contempt of the court martial, the president of the court martial may under his hand certify such conduct of that consul in like manner as if such conduct had occurred before that court.
(c) Where the conduct of a counsel appearing before a court martial the president of the court martial may make an order refusing to hear him and may adjourn the proceedings in order to enable other counsel to be retained.
51. The Judge-Advocate of a court martial shall transmit with as much expedition as possible the original proceedings, or a complete and authenticated copy thereof, and the original sentences of the court martial, to the Commander of the Navy, who shall transmit them to the Permanent Secretary.
52. (1) A person tried by a court martial shall be entitled to obtain from the person having the custody of the record of the proceedings of that court martial a copy thereof, upon payment for at such rate as may be prescribed.
(2) The right conferred by subsection (1) shall be subject to the condition that the demand for the copy of the proceedings of the court martial by the person referred to in that subsection id made within three years after the date of the final decision of the court martial.
(3) If the person referred to in subsection (1) dies within the period of there years specified in subsection (2), his next of kin shall, within ten months after his death, have the right to obtain the copy of the proceedings mentioned in subsection (1).
53. The records of the proceedings of courts martial shall be preserved in such manner and by such officer as may be determined by the Commander of the Navy.
PART VIII
NAVAL OFFENCES
MISCONDUCT IN THE PRESENCES OF THE ENEMY
Misconduct in action
54. (1) Every flag officer Captain, Commander or Commanding officer who upon signal of battle or on sight of a ship of an enemy which it may be his duty to engage-
(a) does not use his utmost exertions to bring his ship into action, or
(b) does not during action, in his own person and according to his rank, encourage his inferior officers and men to fight courageously, or
(c) surrenders his ship to the enemy when capable of making a successful defense, or in time of action improperly withdraws from the fight, shall be guilty of a naval offence ad shall be punished-
(i) if he has acted traitorously, with death,
(ii) if he has acted from cowardice, with death or any less severe punishment in the scale of punishments, and
(iii) if he has acted from negligence or through other default, with dismissal with or without disgrace from the Navy or with any less severe punishment in the scale of punishments.
(2) Every person subject to naval law, and not being a commanding officer, who does not use his utmost exertions to carry out the orders of his superior officers when ordered to prepare for action or during action, shall be guilty of a Naval offence and shall be punished-
(a) if he has acted traitorously, with death,
(b) if he ahs acted from cowardice, with death or any less severe punishment in the scale of punishments, and
(c) if he has acted from negligence or through other default, with dismissal with disgrace from the Navy or with any less severe punishment in the scale of punishments.
Not pursuing the enemy or not assisting a friend in view
55. Every officer who forbears to pursue the chase of any enemy- pirate, or rebel, beaten or flying, or does not relieve and assist a known friend in view to the utmost of his power shall be guilty of a naval offence and shall be punished-
(a) if he has acted traitorously, with death,
(b) if he has acted form cowardice, with death or any less severe punishment in the scale of punishments, and
(c) if he has acted from negligence or through other default, with dismissal with disgrace from the Navy or with any less severe punishment in the scale of punishments.
Delaying or discouraging service
When any action or service is commanded, every person subject to Naval Law who delays or discourages such action or service upon any pretence whatsoever shall be guilty of a Naval offence and shall be punished with death or any less severe punishment in the scale of punishments.
COMMUNICATION WITH THE ENEMY
Spies
57. All persons who act as spies for the enemy shall be deemed to be persons subject to Naval law and shall be guilty of a Naval offence and shall be punished with death or any less severe punishment in the scale of punishments.
Correspondence, etc, with the enemy
58. Every person subject to naval law who-
(a) traitorously holds correspondence with or gives intelligence to the enemy, or
(b) fails to make known to the proper authorities any information which he may have received from the enemy, or
(c) relieves the enemy with any supplies, shall be guilty of a naval offence and shall be punished with death or any less severe punishment in the scale of punishments
Improper communication with the enemy
59. Every person subject to naval law who, without traitorous intention, holds any improper communication with the enemy shall be guilty of a naval offence and shall be punished with dismissal with disgrace from the Navy or with any less severe punishment in the scale of punishments.
NEGLECT OF DUTY
Abandonment of post, etc, when on active service
60. (1) Every person subject to naval law who, while on active service, abandons his post or sleeps upon his watch shall be guilty of a naval offence and shall be punished -
(a) if he has acted traitorously, with death,
(b) if he has acted from cowardice, with death or any less severe punishment in the scale of punishments, and
(c) if he has acted from negligence or through other default with dismissal with disgrace from the Navy or with any less severe punishment in the scale of punishments.
(2) Every person subject to naval law who, while on active service, is absent without leave of improperly leaves his ship or place of duty without being guilty of desertion shall be guilty of a Naval offence and shall be punished with rigorous imprisonment for a term not exceeding two years or any less severe punishment in the scale of punishments.
Absence without leave, etc, when not on active service
61. Every person subject to naval law who, while on active service, is absent without leave of improperly leaves his ship or place of duty without being guilty of desertion, or negligently performs the duty imposed on him, shall be guilty of a naval offence and shall be punished with dismissal with disgrace from the Navy or with any less severe punishment in the scale of punishments.
Absence without leave for one month
62. Where any person subject to naval law is absent without leave for a period of one month and is not apprehended and tried for his offence, he shall be liable to such forfeiture of pay and other benefits as may be prescribed, and the Commander of the Navy may, be an order containing a statement of the absence without leave, direct that any clothes and effects left by him at his place of duty be forfeited; and where any such order is made, such clothes and effects may be sold, and the proceeds of the sale shall be disposed of as the Commander of the Navy may direct, and every order under this section shall be conclusive as to the fact of the absence without leave as therein stated of the person therein named; but in any case the President may, if it seems fit on sufficient cause being shown, at any time after forfeiture and before sale remit the forfeiture, or after sale pay or dispose of the proceeds of the sale or any part thereof to or for the use of the person to whom the clothes or effects belonged, or his heirs.
MUTINY
Mutiny with violence
63. (1) Every person subject to naval law who joins in any mutiny which is accompanied by violence shall be guilty of a naval offence and shall be punished with death or any less severe punishment in the scale of punishments.
(2) Every person subject to naval law who does not use his utmost exertions to suppress any mutiny which is accompanied by violence shall be guilty of a naval offence and shall be punished -
(a) if he has acted traitorously, with death or any less severe punishment in the scale of punishments,
(b) if he has acted from cowardice, with rigorous imprisonment for a term not less than three years or any less severe punishment in the scale of punishments, and
(c) if he has acted from negligence, with dismissal with disgrace from the Navy or with any less severe punishment in the scale of punishments.
Mutiny without violence
64. (1) Every person subject to Naval law who is a ringleader of any mutiny which is not accompanied by violence shall be guilty of a Naval offence and shall be punished with death or any less severe punishment in the scale of punishments.
Incitement to mutiny
65. (1) Every person subject to naval law who incites or endeavours to incite any other person subject to naval law to commit any act of mutiny shall be guilty of a naval offence and shall be punished with death or any less severe punishment in the scale of punishments.
(2) Every person subject to naval law who incites or endeavours to incite any other person subject to naval law to commit any act of mutiny shall be guilty of a naval offence and shall be punished with death or any less severe punishment in the scale of punishments.
Making mutinous assemblies or uttering words of mutiny
66. Every person, not otherwise subject to naval law, who incites or endeavours to incite any person subject to naval law to commit any act of mutiny shall, so far as respects such incitement or endeavour, be deemed to be a person subject to naval law and shall be guilty of a naval offence and shall be punished with death or any less severe punishment in the scale of punishments.
Concealment of mutinous practice
67. Every person subject to naval law who willfully conceals any mutinous practice or design shall be guilty of a naval offence and shall be punished with rigorous imprisonment for a term not less than three years or any less severe punishment in the scale of punishments.
Striking or attempting to strike, etc., any other person subject to Naval law
68. Every person, subject to naval law who strikes or attempts to strike, or draws or lifts up any weapon against, or uses or attempts to use any violence against any other person subject to Naval law whether or not such other person; is in execution of his office, shall be guilty of a naval offence and shall be punished with rigorous imprisonment for a term not less than three years or ay less severe punishment in the scale of punishments.
INSUBORDINATION
Disobedience of or use of threatening language to superior officer
69. Every person subject to Naval law who willfully disobeys any lawful command of his superior officer, or a junior officer in the performance of his duties under section 24 uses threatening or insulting language or behaves with contempt to his superior officer, or a junior officer in the performing his duties under section 24 shall be guilty of a Naval offence and shall be punished with dismissal with disgrace from the Navy or with any less severe punishment in the scale of punishments.
Quarreling or using reproachful speech or gestures
70. Every person subject to naval law who quarrels or fights with any other person, whether such other person is or is not a person subject to naval law or uses reproachful or provoking speeches or gestures tending to make any quarrel or disturbance, shall be guilty of a Naval offence and shall be punished with simple or rigorous imprisonment for a term not exceeding six months or any less severe punishment in the scale of punishments.
Desertion
71. Every person subject to naval law who absence himself from his ship, or from the place where his duty requires him to be, with an intention of not returning to such ship or place, or who, at any time and under ay circumstances when absent from his ship or place of duty, does any act which shows that he has an intention of not returning to such ship or place shall be deemed to have deserted and shall be guilty of a naval offence and shall be punished -
(a) if he has deserted to the enemy, with death or any less severe punishment in the scale of punishments, and
(b) if he has deserted in any other circumstances, with rigorous imprisonment for a term not more than five years or any less severe punishment in the scale of punishments;
and in every such case he shall forfeit all such pay allowances, and other emoluments as may be due to him, and all medals and decorations granted to him, and also all clothes and effects which be may have left on board the ship or at the place from which he has deserted unless the tribunal by which he is tried, or the President, otherwise directs.
Inducing desertion
72. Every person subject to naval law who induces or endeavours to induce any other person subject to naval law to desert shall be guilty of a naval offence and shall e punished with rigorous imprisonment for a term not exceeding two years or any less severe punishment in the scale of punishments.
Entertaining a deserter
73. Every officer in command of any ship of the Navy who receives or entertains a deserter from the Navy, Army, or Air force of Sri Lanka after discovering him to be a deserter and does not with all convenient speed, in the case of a deserter from the Navy, give notice to the commanding officer of the ship to which the deserter belongs, or, of such ship is at a distance, to the Commander of the Navy or in the case of a deserter from the army or Air Force, give notice to the Commander of the Army or the Commander of the Air Force, as the case may be, or the commanding officer of the regiment or unit to which the deserter belongs, shall be guilty of a naval offence and shall be punished with dismissal without disgrace from the Navy or with any less severe punishment in the scale of punishments.
OFFENCES IN RELATION TO COURT MARTIAL AND NAVAL
OFFICERS EXERCISING JUDICIAL POWERS
Absence of member of court martial without just cause
74. A member of a court martial who absents himself there-from shall, unless his absence is due to illness or other just cause approved by the other members of the court martial, be guilty of a naval offence and shall, on conviction by a court martial, be punished with dismissal with disgrace from the Navy or with any les severe punishment in the scale of punishments.
Misconduct and contempt by witness subject to Naval law
75. Every person subject to naval law who- (a) being duly summoned to attend as a witness before a court martial or a naval officer exercising judicial powers under this Act, makers default in attending, or
(b) refuses to take an oath or make an affirmation lawfully required by a court martial or by such officer to be taken or made, or
(c) refuses to produce any document in his power or control lawfully required by a court martial or by such officer to be produced by him, or
(d) refuses when a witness to answer any question to which a court martial or such officer may lawfully require an answer, or
(e) commits contempt of a court martial or such officer by using insulting or threatening language, or by causing any interruption or disturbance in the proceedings of such court martial or officer, or by printing or publishing observation or by uttering words calculated to influence such court martial or officer or any witness before such court martial or officer, or by bringing such court martial or officer into disrepute,
shall be guilty of a naval offence and shall on conviction by a court martial, other than the court martial in relation to or before which the offence was committed, be punished with simple or rigorous imprisonment for a term not exceeding six months or any less severe punishment in the scale of punishments:
Provided that where a person subject to naval law is guilty of contempt of a court martial by using insulting or threatening language or by causing any interruption or disturbance in the proceedings, the court martial may, instead of causing him to be tried by another court martial, sentence him to simple or rigorous imprisonment for a term not exceeding on e month
False evidence by witness subject to Naval law
76. Every person subject to naval law who, when examined on oath or affirmation before a court martial or a naval officer exercising judicial powers under this Act, willfully gives false evidence shall be guilty of a naval offence and shall, on conviction by a court martial, be punished with simple or rigorous imprisonment for a term not exceeding two years or any less severe punishment in the scale of punishments.
OFFENCES IN RELATION TO PERSONS IN CUSTODY
Permitting escape of person in custody
77. Every person subject to Naval law who-
(a) releases without proper authority, whether willfully or otherwise, any person under Naval custody who is committed to his charge, or
(b) willfully or without reasonable excuse allows to escape any person under naval custody who is committed to his charge, shall be guilty of a naval offence and shall be punished, if he has acted willfully, with rigorous imprisonment for a term not less than three years and in any other case, with simple or rigorous imprisonment for a term not exceeding two years or any less severe punishment in the scale of punishments.
Irregular arrest or confinement
78. Every person subject to naval law who unnecessarily detains a person in arrest or confinement without bringing him to trial, or fails to bring his case before the proper authority for investigation, shall be guilty of a naval offence and shall be punished with dismissal without disgrace from the Navy or with any less severe punishment in the scale of punishments.
Escape form confinement
79. Every person subject to naval law who, being under arrest, or in confinement or prison, or otherwise in lawful custody, escapes or attempts to escape shall be guilty of a naval offence and shall be punished with dismissal with disgrace from the Navy or with any less severe punishment in the scale of punishments.
OFFENCES IN RELATION TO PROPERTY
Corrupt dealings in respect of supplies to the Navy
80. Every person subject to naval law who takes any reward, fee, or advantage in respect of or in connection, with the purchase of any articles by the Navy shall be guilty of a naval offence and shall be punished with simple or rigorous imprisonment for a term not exceeding two years or any les severe punishment in the scale of punishments.
Embezzlement, etc, of Naval property
81. Every person subject to naval law who embezzles or fraudulently purchases, sells, or receives any ammunition, provisions, or other naval stores, or who knowingly permits any such embezzlement, purchase, sale or receipt , shall be guilty of a Naval offence and shall be punished with simple or rigorous imprisonment for a term not exceeding two ears or any less severe punishment in the scale of punishments.
Deficiency in or injury to Naval property
82. Every person subject to naval law who-
(a) whether by pawning sale, destruction or otherwise makes away with, or is concerned in making away with, any property of the Navy, or
(b) by neglect loses or causes the demunition of any such property, or
(c) willfully injures or destroys any such property shall be guilty of a naval offence and. shall be punished with simple or rigorous imprisonment for a term not exceeding two years or any less severe punishment in the scale of punishments.
Unlawfully burning property
83. Every person subject to Naval law who unlawfully sets fire to any property which does not belong to any enemy, pirate, or rebel shall be guilty of a Naval offence and shall be punished with death or any less severe punishment in the scale of punishments.
OFFENCES IN RELATION TO DOCUMENTS AND STATEMENTS
False Documents and declarations
84. Every person subject to Naval law who-
(a) in any report, return, muster roll, pay list, certificate, book, or other document made or signed by him, or of the contents of which it is his duty to ascertain the accuracy, knowingly makes or is privy to the making of any false or fraudulent statement or any omission with intent to defraud, or
(b) knowledge with intent to injure any person o to defraud, suppresses, defaces, alters or makes away with any document which it is his duty to preserve or produce, or
(c) where it is his official duty to make a declaration respecting any matter, knowingly makes a false declaration, shall be guilty of a naval offence and shall be punished with simple or rigorous imprisonment for a term not exceeding two years or any less severe punishment in the scale of punishment.
False accusations
85. Every person subject to naval law who
(a) being an officer or a seaman, makes a false accusation against any other officer or seaman, knowing accusation to be false, or
(b) being an officer or a seaman, in making a complaint where he thinks himself wronged, knowingly makes any false statement affecting the character of any other officer or seaman, or knowingly and wil-fully suppresses any material facts, shall be guilty of a naval offence and shall be punished with simple or rigorous imprisonment for a term not exceeding two years or any less severe punishment in the scale of punishments.
OFFENCES IN RELATION TO ENLISTMENT
Enlistment of seaman, soldier, or airman discharged with disgrace
86. Every person subject to Naval law who having been dismissed with disgrace from the Navy, Army , or Air Force of Sri Lanka, has afterwards enlisted in the Navy without declaring the circumstances of his dismissal, shall be guilty of a Naval offence and shall be punished with simple or rigorous imprisonment for a term not exceeding two years or any less severe punishment in the scale of punishments.
False answer or enlistment
87. Every person subject to Naval law who, when enlisted as a seaman, has willfully made a false answer to any question set out in the attestation paper signed by him, shall be guilty of a Naval offence and shall be punished with simple or rigorous imprisonment for a term not exceeding two years or any less severe punishment in the scale of punishments.
General offence in relation to enlistment
88. Every person subject to Naval law who -
(a) is concerned in the enlistment of any other person as a seaman, when he knows or has reasonable cause to believe that such other person by enlisting commits an offence, or
(b) willfully contravenes any provision of law relating to the enlistment of seaman, shall be guilty of a naval offence and shall be punished with simple or rigorous imprisonment for a term not exceeding two years or any less severe punishment in the scale of punishments.
MISCELLANEOUS OFFENCE
Drunkenness and immorality
89. Every person subject to Naval law who is drunk or commits any act of a naval offence and shall be punished with dismissal with or without disgrace from the Navy or with any less severe punishment in the scale of punishment.
Cruelty and scandalous conduct
90. Every officer subject to Naval law who commits any act of cruelty or whose conduct is scandalous, fraudulent or unbecoming the character of an officer shall be guilty of a naval offence and shall be punished with dismissal with or without disgrace the Navy.
Suffering ships or aircraft to be improperly lost
91. Every person subject to Naval law who loses, stands, or hazards, or suffers to be lost, stranded or hazards, any ship of the Navy, or loses or suffers to be lost any aircraft belonging to the Navy, shall be guilty of naval offence and shall be punished-
(a) if he has acted designedly, with rigorous imprisonment for a term not exceeding two years or any less severe punishment in the scale of punishment, and
(b) if he has acted negligently, with dismissal with disgrace from from the Navy or with any less severe punishment in the scale of punishments.
Not taking care and defending ships under convoy
92. Officers of all ships of the Navy appointed for the convoy and protection of any vessels shall diligently perform their duty without delay according to their instructions in that behalf; and every officer who fails in his duty in this respect and does not defend the vessels and good under his convoy, without deviation to any other objects, or refuses to fight in their defence if they are assailed, or cowardly abandons and exposes the vessels in his convoy to hazard, or demands or exacts any money or other reward from any merchant or master for convoying any vessels entrusted to his care, of misuses the master or mariners thereof shall be guilty of a naval offence and shall be punished with death or any less severe punishment in the scale of punishments.
Taking articles on board a ship other than for use of the ship
93. An officer in command of any ship of the Navy who receives on board or permits to be received on board such ship any articles which are not for the sole use of such ship, except any articles belonging to any merchant, or on board any vessel which may be shipwrecked or in imminent danger, either on the high seas or in some port, creek, or harbour, for the purpose of preserving them for their proper owners, or except any articles which he may at any time be ordered to take or receive on board by order of a superior officer, shall be guilty of a naval offence and shall be punished with dismissal without disgrace from the Navy or with any less severe punishment in the scale of punishments.
Causing or aggravating disease or infirmity
94. Every person subject to Naval law who-
(a) malingers, or feigns or causes in himself disease or infirmity, or
(b) willfully maims or injures himself or any other person subject to Naval law, whether at the instance of that other person or not, with the intent thereby to render himself or that other person unfit for service, or causes, himself to be maimed or injured by any other person with intent thereby to render himself or fit for service, or
(c) by willful misconduct, or by willful disobedience of orders whether in hospital or otherwise ,produces or aggravates disease or infirmity, or delays its cure, shall be guilty of a naval offence and shall be punished with simple or rigorous imprisonment for a term not exceeding two years or any less severe punishment in the scale of punishment.
Stirring up disturbance on account of victuals or other grounds
95. Every person subject to Naval law who stirs up any disturbance among any persons subject to Naval law on account of the unwholesomeness of the victuals supplied to them or upon any other ground shall be guilty of a naval offence and shall be punished with simple or rigorous imprisonment for a term not exceeding two years or less severe punishment in the scale of punishment
Papers found aboard a prize vessel
96. Where the commanding officer of a ship of the Navy who takes any vessel as prize fails to preserve all the papers, charter-parties, bills of lading, passports, and other writingswhatsoever that shall be taken, seized or found aboard the vessel taken as prize, or fails to send them for inspection and use according to law to any tribunal authorized to determine whether such prize is lawful capture, shall be guilty of a naval offence and shall be punished with dismissal without disgrace from the Navy or with any less severe punishment in the scale of punishment and, in addition thereto, with forfeiture of his share of the capture.
Embezzlement of property belonging to prize vessel
97. Every person subject to Naval law who embezzles any property belonging to any vessel seized as prize shall be guilty of a Naval offence and shall be punished with dismissal with disgrace from the or with any less severe punishment in the scale of punishments and, in addition thereto, with forfeiture of his share of the capture.
111-treatment of persons on aboard a prize vessel
98. Every person subject to Naval law who strips off the clothes of, or in any way pillages, beats, or ill-treats any person on board a vessel taken as prize shall be guilty of. a Naval offence and shall be punished with dismissal with disgrace from the Navy or with any less severe punishment in the scale of punishments.
Collusion in capturing a vessel as prize etc
99. If the commanding officer of any ship of the Navy -
(a) by collusion with the enemy takes as prize any vessel, goods, or thing, or
(b) unlawfully agrees with any person for the ransoming of any vessel, goods, or thing taken as prize, or
(c) in pursuance of any unlawful agreement for ransoming or otherwise by collusion actually quits or restores any vessel, goods, or thing taken as prize. shall be guilty of a Naval offence and shall be punished with dismissal with disgrace from the Navy or with any less severe punishment in the scale of punishments.
Breaking bulk on board prize vessel with a view to embezzle
100. Every person subject to naval law who breaks bulk on board any vessel taken as prize, or detained in the exercise of any belligerent right or under any law for the time being in force, with intent to embezzle anything therein or belonging thereto, shall be guilty of a Naval offence and shall be punished with dismissal with disgrace from the Navy or with any less severe punishment in the scale of punishments and, in addition thereto, with forfeiture of his share of the capture.
Persons subject to Naval law giving or receiving illegal gratification in respect of appointment or promotion in the Navy
101. Every person subject to Naval law gives or receives, or aids the giving or receiving of, any valuable consideration in respect of any appointment or promotion in or retirement from the Navy, or any employment therein, shall be guilty of a naval offence and shall be punished with dismissal with disgrace from the Navy or with any severe punishment in the scale of punishment.
Injurious disclosures
102. Every person subject to Naval law who, orally or in writing or by signal or otherwise, discloses the numbers or position of any Naval forces of Sri Lanka, or any magazines or stock of such force, or any preparations for, or orders relating to, operations or movements of such forces at such time and in such manner as to have produced effects injurious to such forces or is likely to have produced effects injurious to such forces shall be guilty of a Naval offence and shall be punished with rigorous imprisonment for a term not less than three years or any less severe punishment in the scale of punishments.
Failure to deliver to civil courtofficers and seamen charged with, or convicted of, civil offences
103. Every commanding officer who, on application being made to him, neglects or refuses to deliver to a civil court, or to assist in the lawful arrest of, any officer or seaman under his command who is charged with, or convicted of a civil offence before that court shall be guilty of a Naval offence and shall be punished with dismissal with disgrace from the Navy or with any less severe punishment in the scale of punishments.
Offences against Naval discipline not particularly mentioned
104. (1) Every person subject to naval law who, by any act, conduct, disorder, or neglect which does not constitute an offence for which special provision is made in any other section of this Act, prejudices good order and naval discipline, shall be guilty of a naval offence and shall be punished with dismissal with disgrace from the Navy or with any less severe punishment in the scale of punishments.
Provided however, that if the act, conduct disorder or neglect, which constitutes such offence is committed by such person at a guard of honour, parade, or ceremony, or other service function he shall be punished with rigorous imprisonment for a term not exceeding twenty years.
(2) Every person subject to Naval law who aids, abets, counsels or procures the commission by another person of an offence under this Act shall be guilty of an offence and shall be tried in the manner specified for the trial of the mentioned offence and shall be liable to the same punishment as is specified for the first mentioned offence.
PART IX
OFFENCES UNDER THIS ACT WHICH ARE NOT NAVAL OFFENCE
Unlawful recruiting
105. Every person, other than a person subject to Naval law, who without due authority-
(a) publishers or causes to be published notices or advertisements for the purpose of procuring recruits for the Navy, relating to recruits for the Navy, or
(b) opens or keeps any house, place of rendezvous, or office connected with the procuring of recruits for Navy or
(c) receives any person under any such notice or advertisement as aforesaid, or
(d) directly or indirectly interferes with a appointed recruiter in the discharge of his duties, shall be guilty of an offence and shall, on conviction after summery trial before a Magistrate be punished with rigorous imprisonment, for a term not exceeding five years or with a fine not exceeding five thousand rupees or with both such fine and imprisonment.
False answers by applicants for enlistment
106. Every person, other than a person subject to Naval law, who has knowingly made a false answer to any question put to him at an examination for his appointment as an officer or his enlistment as a seaman shall be guilty of an offence and shall, on conviction after summary trial before a Magistrate, be punished with simple or rigorous imprisonment for a term not exceeding three months.
Inducing or assisting officers or seamen to desert or absent themselves without leave
107. Every person, other than a person subject to naval law, who by any means-
(a) procures or persuades any officer or seaman to desert or absent himself without leave, or leave improperly or attempts to procure or persuade any officer or seaman to desert or absent himself without leave, or leave improperly, or
(b) knowing that an officer or seaman is about to desert or absent himself without leave improperly aids him in deserting or absenting himself without leave, or leave improperly, or
(c) knowing any officer or seaman to be a deserter or absentee without leave, or has improperly left conceals or employs such officer or seaman or aids him in concealing himself, or effects, or aids him in his rescue from arrest, shall be guilty of an offence and shall, on, conviction after summary trial before a Magistrate, be punished with simple or rigorous imprisonment for a term, not exceeding two years.
Interference with Naval duties
108. Every person, other than a person subject to Naval law, who-
(a) willfully obstructs, or impedes, or otherwise interferes with any officer or seaman in the execution of his duties, or
(b) willfully produces any disease or infirmity in, or maims or injures, any person: whom he knows to be an officer or seaman with a view to enabling such officer or seaman to avoid Naval service, or
(c) with intent to enable an officer or seaman to render himself, or induce the belief that he is, permanently or temporarily unfit for service supplies to, or for the use of, such officer or seaman any drug or preparation calculated or likely to render him, or lead to the belief that he is, permanently or temporarily unfit for service, shall be guilty of an offence and shall, on conviction after summary trial before a Magistrate, be punished with a fine not exceeding one thousand rupees, or with simple or rigorous imprisonment for a term not exceeding six months, or with both such fine and such imprisonment.
Persons not subject to Naval law giving or receiving illegal gratification in respect of appointments or promotions in the Navy
109. Every person, other than a person subject to Naval law, who gives or receives, or aids the giving or receiving of, any valuable consideration in respect of any appointment or promotion in or retirement from the Navy, or any employment therein, shall be guilty of an offence and shall, on conviction after summary trial before a Magistrate, be punished with a fine not exceeding one thousand rupees, or with simple or rigorous imprisonment for a term not exceeding six months, or with both such fine and such imprisonment.
Purchase of Navy property
110. (1) Every person, other than a person subject to Naval law, who-
(a) buys, exchanges, takes in pawn, detains, or receives from any person, on any pretence whatsoever, or
(b) solicits or entices any person to sell, exchange, pawn or give away, or destroy or
(c) assists or acts for any person in selling exchanging pawning, destroying or making away with, any property of the Navy shall, unless he proves either that he acted in ignorance of the fact that such property was the property of the Navy, or that it was purchased at a sale held by order or with the consent of the commander of the Navy, or that it was the personal property of a person who had ceased to be an officer or a seaman, or of the legal representative of an officer or a seaman who had died, be guilty of an offence and shall, on conviction after summary trial before a Magistrate, be punished with a fine not exceeding two hundred rupees, together with a penalty of treble the value of any property of which he has beco me possessed by means of his offence, or with simple or rigorous imprisonment for a team not exceeding six months, or with both such fine and such imprisonment. Such penalty may recovered in like manner as a fine imposed by the Magistrate.
(2) Where there is reasonable ground to believe that any property found in the possession or keeping of any person is naval property which has been stolen, or which has been bought, exchanged, taken in pawn, obtained or received in contravention of this section, he may be taken or summoned before a Magistrate's Court, and he shall, if he does not satisfy the court that he came by su.ch property lawfully and without any contravention of this Act, be punished, on conviction after summary trial, with the same punishments as are specified for a contravention of the last preceding subsection.
(3) A person found committing an offence under this section may be arrested without warrant and taken, together with the property which is the subject of the offence, before a Magistrate's Court
(4) A Magistrate's Court, if satisfied on the evidence on oath o affirmation of any person that there is reasonable cause to suspect that any other person has in his possession, or on his premises, any property with respect to which any offence under this section has been committed may grant a warrant to search for such property, as in the case of stolen property; and the officer charged with the execution of such warrant shall seize any such property found on search of that other person or found before such court to be dealt with according to law.
(5) For the purposes of this section, property shall be deemed to be in the possession or keeping of a person if it is possessed or kept for him by any other person.
Possession of Naval certificate as security for debt
111. Every person, other than a person subject to Naval law, who receives or has in his possession any identity certificate, life certificate, or other certificate, or official document evidencing or to any bounty, allowance, gratuity, relief, benefit or advantage granted in connection with naval service, as a pledge or security for a debt or with a view to obtain payment from the person entitled thereto of a debt due either to the first-mentioned person or to any other person, shall be guilty of an offence and shall, on conviction after summary trial before a Magistrate, or rigorous imprisonment for a term not exceeding six months or with both such fine and such imprisonment.
Unauthorized use of Naval decoration, etc
112. Every person, other than a person subject to Naval law, who-
(a) without lawful authority uses or wears any naval decoration, medal, medal ribbon, ribbon, badge, wound, stripe, emblem, or any imitation thereof which is calculated to deceive, or
(b) falsely represents himself to be a person who is or has been entitled to use or wear any such decoration, medal , ribbon, badge, wound stripe, or emblem, or
(c) without lawful authority or excuse supplies or offers to supply any such decoration, medal, medal ribbon, badge wound stripe, or emblem to any person not authorized to use or wear it, shall be guilty of an offence and shall, on conviction after summary trial before a Magistrate, be punished with a fine not exceeding two hundred rupees, or with simple or rigorous imprisonment for a term not exceeding three months, or with both such fine and imprisonment.
Obligations of employers
113. (1) It shall be the duty of every employer to give all proper facilities for enabling any person in his employ to become or to be a member of the Volunteer Naval Force or or the Volunteer Naval Reserve and any such person who is a member of that force or reserve to undergo and render such naval training and service as he may be required to undergo and render by virtue of this Act.
(2) Any employer who-
(a) fails to give the facilities referred to in sub-section (1), or
(b) by dismissing an employee or be reducing his wages or in any other manner penalizes him for undergoing or rendering any training or service referred to in that subsection, shall be guilty of an offence and shall, on conviction after summary trial before a Magistrate, be punished with a fine not exceeding one hundred rupees, or with simple or rigorous imprisonment for term not exceeding six months, or with both such fine and such imprisonment.
Misconduct of civilian witness
114. where any person, other than a person subject to Naval law-
(a) being duly summoned as a witness before a court martial or a naval officer exercising judicial powers under this Act and after payment or tender or the reasonable expenses of his attendance, makes default in attending or
(b) being in attendance as a witness before a court martial or such officer-
(i) refuses to take any oath or make any affirmation which he is lawfully required by such court martial or officer to produce, or
(ii) refuses to product any document, in his power or control, which he is lawfully required by such court martial or officer to produce, or
(iii) refuses to answer any question which he is lawfully required by such court martial or officer to answer, he shall be deemed to commit an offence; and president of the court martial or such officer may under his hand certify such offence of that person to the High court holden at the nearest zone and that court may thereupon deal with that person in like manner as if he had committed a like offence in that court.
False evidence and contempt by civilian witness
115. (1) Where any person, other than a person subject to naval law, willfully gives false evidence when examined on oath or affirmation before court martial or a naval officer exercising judicial powers under this Act, he shall be deemed to commit the offence of giving false evidence under Chapter XI of the Penal Code and may be prosecuted and punished accordingly.
(2) Where any person, other than a person subject to- Naval law, uses insulting or threatening language about or towards a court martial or a naval officer exercising Judicial powers under this Act, or causes any interruption or disturbance in the proceedings of a court martial or such officer, or prints or publishes observations or utters words calculated to influence a court martial or such officer or witnesses before a court martial or such officer or to bring a court martial or such officer into disrepute, he shall be deemed to commit the offence contempt of the court martial or such officer; and the president of the court martial or: such officer may under his hand certify such offence of that person in like manner as if he had been charged with the offence of contempt committed against the authority of that court.
Unauthorized training of a Naval nature
116. Where any person promotes or organizes or is a member of any association or body of persons who, without the permission of the president are being trained in the use of any naval weapon of an offence and shall, on conviction after summary trail before a Magistrate, be punished with simple or rigorous imprisonment for a term not exceeding six months.
Persons not subject to Naval law who aid escape or attempt to escape of Naval prisoners or who contravenes Naval prison regulations
117. (1) Every person, other than a person subject to Naval law, who conveys or causes to be conveyed into a Naval prison or detention quarters any articles for the purpose of facilitating the escape of any naval prisoner, or by any means whatsoever aids any naval prisoner to escape or in an attempt to escape from any naval prison or naval detention quarters, shall be guilty of an offence and shall, on conviction after summary trial before a Magistrate, be punished with simple or rigorous imprisonment for a term not exceeding two years.
(2) Every person, other than a person subject to Naval law, who, for any purpose other than the purpose specified in subsection (1), brings or attempts to bring any article into any naval prison or naval detention quarters in contravention of such regulations relations relating to naval prisons and naval detention quarters as may be made under this Act, shall be guilty of an offence and shall on conviction after summary trial before a Magistrate, be punished with a fine not exceeding two hundred rupees.
PART X
PUNISHMENTS BY COURTS MARTIAL IN RESPECT OF CIVIL OFFENCE
Treasons, murder, culpable homicide not amounting to murder, and rape
118. (1) Every person subject to Naval law who is convicted by a court martial of the offence of treason shall be finished with death.
(2) Every person subject to Naval law who is convicted by a court martial of the offence of murder shall be finished with death.
(3) Every person subject to Naval law who is convicted by a court martial of the offence of culpable homicide not amounting to murder shall be finished with simple or rigorous imprisonment for a term not exceeding twenty years.
(4) Every person subject to Naval law who is convicted by a court martial of the offence of rape shall be finished with simple or rigorous imprisonment for a term not exceeding twenty years.
Any civil offence not mentioned in section 118.
119. Every person subject to Naval law who is convicted by a court martial of any civil offence not mentioned in section 118 shall be punished -
(a) with dismissal with or without disgrace from the Navy or with any less severe punishment in the scale of punishments, or
(b) with the punishment proscribed for such offence by any law of Sri Lanka other than this act.
AWARD OF PUNISHMENTS BY COURTS MARTIAL AND NAVAL OFFICERS
EXERCISING JUDICIAL POWERS
Special provisions in regard to the award of punishments
120. The following shall be the scale of punishments, in descending order of severity, which, subject to the provisions of this Act, may be awarded to persons convicted of offences by courts martial or by Naval offences exercising judicial powers under this Act:-
(a) death
(b) rigorous imprisonment ;
(c) dismissal with disgrace from the Navy ;
(d) simple imprisonment ;
(e) dismissal without disgrace from the Navy ;
(f) detention ;
(g) forfeiture of seniority as an officer for a specified time or otherwise ;
(h) disration of subordinate, warrant or petty officer ;
(i) forfeiture of pay, allowance, and other emoluments due, and medals and decorations granted to the offender or of any one or more thereof, also in the case of desertion, of all clothes and effects left by the deserter on board the ship or at the place from which he has deserted;.
(j) severe reprimand ;
(k) reprimand ;
(l) such minor punishments as may be prescribed
Special provision in regard to the award of punishments
121. The following provisions shall apply in regard to the award of punishments by courts martial or by naval officers exercising judicial powers under this Act -
(a) A sentence of death shall not be passed on any person by a court martial unless, where the number of members of the court martial does not exceed five, at least four of the members present, and, where the number of members of the court martial exceeds five, not less than two-thirds of the members presently concur in the sentence.
(b) The sentence of dismissal with disgrace from the Navy shall in volve in all cases the forfeiture of all pay, allowances, and other emoluments due, and all medals and decoration granted, to the offender, and an incapacity to serve again in the Navy, Army or Air Force of Sri Lanka or hold any office under the state.
(c) A sentence of imprisonment may be accompanied with the direction that the prisoner shall be kept in solitary confinement for any period of the term of imprisonment, not exceeding fourteen days at any one time and not exceeding eighty-four days in any one year, with intervals between the periods of solitary confinement of not less duration than such periods; and when the term of imprisonment exceeds eighty-four days, the solitary confinement shall not exceed seven days in any twenty-eight days of the whole of such term, with intervals between the periods of solitary confinement of not less duration than such periods.
(d) The punishment of detention may, unless otherwise expressly provided for in this Act, be for any term not exceeding two years.
(e) The punishment of imprisonment or detention shall involve disrating in the case of a petty officer, and shall in all cases be accompanied by stoppage of pay during the term of imprisonment or detention:
Provided that where the punishment awarded is detention for a term exceeding fourteen days, the sentence may direct that the punishment shall not be accompanied by stoppage of pay during the term of detention.
PART XII
REVISION AND EXECUTION OF SENTENCES PASSED BY COURTS MARTIAL AND NAVAL OFFICERS
EXERCISING JUDICIAL POWERS
Revision of sentence
122. The President may annul, suspend, or modify any sentence (including judicial powers under this Act, or substitute a punishment inferior in degree for the punishment involved in any such sentence, has been commuted, and any sentence so modified shall, subject to the provisions of this Act, be valid, and shall be carried into execution, as if it had been originally passed, with such modification, by such court martial or officer.
Provided that neither the degree nor the duration of the punishment involved in anysentence shall be increased by any such modification.
Sentence of death
123. A sentence of death passed by a court martial sentence of shall not be carried out until the sentence has been confirmed by the President.
Committing authorities
124. (1) Every officer, below the rank of Commander, who is authorized in that behalf by the President shall have the power to order the committal of a Naval prisoner to prison or detention quarters.
(2) An officer authorized to make an order under subsection (1) is hereinafter referred to as a "committing authority".
Committal, transfer , removal and release of Naval prisoners
125. (1) An order of a committing authority shall be a sufficient warrant for the committal of a naval prisoner to prison or detention quarters.
(2) An order of a committing authority shall be a sufficient authority for the transfer of a naval prisoner from prison to detention quarters or vice versa, or from any prison or detention quarters or detention quarters.
(3) It shall be lawful for the committing authority, by order in writing to direct that any person who is undergoing imprisonment or detention by virtue of a sentence passed on him by a court martial or by a naval officer exercising judicial powers under this Act be delivered over to naval custody for the purpose of being heard before a court martial either as a witness or for trial or otherwise, and such person shall accordingly, on the production of such order, be delivered over to such custody.
(4) A naval prisoner whose sentence is remitted may be released by order of the committing authority.
Commencement of term of imprisonment or detention
126. (1) Every term of imprisonment or detention in pursuance of this Act shall be reckoned as commencing on the day on which the sentence was awarded.
(2) Where, by reason of a ship being at sea or off a place which there is no proper prison or there are no proper detention quarters, a sentence of imprisonment or detention passed on an offender cannot be duly executed, he shall, on arrival at some place at which there is a proper prison or there are proper detention quarters, undergo, his sentence in like manner as if the time of such arrival were the day on which the sentence was awarded; and the term of imprisonment or detention shall be reckoned accordingly subject to the deduction of any time during which he has been kept in confinement in respect of the sentence passes on him.
Detention in Naval custody
127. The time during which any offender under sentence of imprisonment or detention is detained in naval custody shall be reckoned as imprisonment or detention under his sentence.
Prisoners of unsound mind
128. If a person imprisoned or undergoing detention by virtue of a sentence passed on him by a court martial or by a Naval officer exercising judicial powers under this Act becomes unsound in mind, the President may, upon a certificate by two qualified medical practitioners that such person is of unsound mind, order that such person shall be removed to a mental hospital or other place for the reception of persons of unsound mind and that he shall be there confined for the unexpired term of his imprisonment or detention or until he is again of sound mind; and; if before the expiry of that term such person is certified in the like manner to be again of sound mind, the President may order that such person shall be removed to any prison or detention quarters in which he might have been confined it he had not become unsound in mind and that he shall there serve the remainder of that term.
Establishment of Naval prisons and Naval detention quarters
129. (1) It shall be lawful for the Minister to set apart any building or vessels, or any parts thereof, as Naval prisons or Naval detention quarters and Naval any building or vessels, or parts of buildings or vessels, so set apart as naval prisons or Naval detention quarters, as the case may be, shall be deemed to be Naval prisons or Naval detention quarters, respectively, within the meaning of this Act.
(2) In any country in which operations against the enemy are being conducted, the powers of the Minister under subsection (1) shall be exercised by the officer for the time being in command of the forces of Sri Lanka in the field.
PART XIII
CIVIL COURTS
Jurisdiction of civil court not affected by this Act
130. (1) Save as provided in subsection (2), nothing in this Act shall affect the jurisdiction of a civil court to try and person subject to Naval law for any civil offence.
(2) If a person subject to Naval law is convicted of any civil offence and sentenced to punishment by a court martial and is afterwards tried for and convicted of, the same offence by a civil court, then the civil court shall, in awarding punishment, have due regard to such punishment imposed by the court martial as that person may have already undergone.
Delivery of Naval offenders to the civil power
131. It shall be the duty of every commanding officer-
(a) on an order made in that behalf by a civil court, to surrender to that court my officer or seaman under his command who is charged with, or convicted of, any civil offence before that court, and
(b) to assist any police officer or any other officer concerned or connected with the administration of justice to arrest any officer or seaman so charged or convicted
Issue of prerogative writs by Supreme Court
132. (1) Such of the provisions of section 45 of the Courts Ordinance as relate to the grant and issue of writs of mandamus certiorari, and prohibition shall be deemed to apply in respect of any court martial or of any naval officer exercising judicial powers under this Act.
(2) The provisions of section 45 of the Court Ordinance relating to the issue of writs of habeas corpus shall be deemed to apply in respect of any person illegally detained in custody by order of a court martial or other Naval authority.
Action against persons for acts done under this Act
133. Any action, prosecution, or proceeding against any person for any act done in pursuance or execution or intended execution of this Act, or in respect of any alleged neglect or default in the execution of this Act shall not be instituted or entertained, unless-
(a) it is commenced within six months next after the act, neglect or default complained of,
(b) written notice setting out the cause of action or the alleged offence, the name and place of abode of the person intending to be plaintiff or the complainant, and any relief claimed has been delivered to, or left at the residence or official address of, the person against whom the action, prosecution, or proceeding is intended to be instituted, and
(c) one month has expired after such notice has been so delivered left.
PART XIV
RULES OF EVIDENCE
Rules of evidence in proceeding before courts martial
134. Subject to the other provisions of this Part, the rules of evidence to be adopted in proceedings before a court martial shall be the same as those followed in the civil courts in Sri Lanka.
Application of section 136 to 146
135. Sections 136 to 146, both inclusive, shall apply to proceeding under this Act whether before a court martial or a civil court notwithstanding anything in any other law.
Proof of answers given by a person on enlistment or reengagements as a seaman
136. The attestation paper purporting to have been signed by a person on his being enlisted as a seaman in the Navy, or the declaration purporting to have been made by a person upon his re-engagement in the Navy, shall be evidence of the fact that he has given such answers to questions as he is therein represented to have given.
Proof enlistment
137. The enlistment of a person as a seaman in the Navy my be proved by the production of a copy of his attestation paper certified to be true copy by the officer having the custody of the attestation paper, without proof of the handwriting of such officer or of his having such custody.
Letters , returns ,or other documents respecting service
138. A letter, return, or other document stating, in respect of any person, that he -
(a) has or not, at any time served in, or been discharged from the Navy, or
(b) has or has not, held any rank or appointment in, or been posted or transferred to any part of the Navy, or served in any particular country or place, or
(c) has been, or has not been authorized to use or wear any naval decoration, medal ribbon, badge, wound stripe, or emblem, the use or wearing of which by an unauthorized person is an offence under this Act, and purporting to have been signed by the commanding officer, or the officer having the custody of the records, of that part of the Navy to which such person appears to have belonged or alleges that he belongs or at any time belonged, shall be evidence of the facts stated in such letter, return, or other document.
Copies of regulations and orders printed by Government Printer
139. Copies, purporting to have been printed by the Government Printer, of regulations or orders made under this Act shall be evidence of such regulations or orders.
Navy list or Gazette
140. A navy list or Gazette purporting to have been published by authority of the President and printed by the Government Printer shall be evidence of the ranks of the officers therein mentioned, and of any appointments held by such officers, and of the parts of the Navy to which such officers belong or at any time belonged.
Orders made under this Act by Naval authorities
141. An order made under this Act by a naval authority shall be deemed to be evidence of the matters directed by this Act to be stated therein, and a copy of such order purporting to have been certified to be a true copy by the officer therein alleged to be authorized by the Commander of the Navy to certify it shall be admissible in evidence.
Record made in a book of the Navy in pursuance of duty
142. Where a record is made in any book of the Navy in pursuance of any naval duty and purports to have been signed by the commanding officer or by the officer whose duty it is to make such record, such record shall be evidence of the facts thereby stated. A copy of such record purporting to have been certified to be a true copy by the officer having the custody of such book shall be evidence of such record.
Descriptive return
143. A descriptive return, within the meaning of section 151, purporting to have been signed by a Magistrate shall be evidence of the matters therein stated.
Certificates regarding surrender of alleged deserter or absentee without leave
144. (1) Where any officer or seaman charged with being a deserter or absentee without leave or having improperly left has surrendered to a provost marshal, assistant provost marshal or other officer, a certificate purporting to have been signed by such provost marshal, assistant provost marshal or other officer and stating the fact, date and place of surrender, shall be evidence of the matters so stated.
(2) Where any officer or seaman charged with being a deserter or absentee without leave or having improperly left has surrendered to a police officer in charge of a police station and has been delivered into naval custody by such police officer, a certificate purporting to have been signed by such police officer and stating the fact, date, and place of surrender shall be evidence of the matters so stated.
Certificate regarding arrest or surrender of officer or seaman outside Sri Lanka
145. Where any officer or seaman has been arrested and taken to any officer, station, or post, in any place outside Sri Lanka, which corresponds to a police station in Sri Lanka, or has on surrender been taken into custody at any such officer, station, or post, a certificate which purports to have been signed by the officer in charge of such office, station, or post, and which states the fact, date, and place of arrest or surrender shall be evidence of the matters so stated.
Copy of Proceedings of court martial
146. A copy of the whole or any part of the proceedings of a court martial purporting to have been certified by the Commander of the Navy, or by any officer thereto authorized by the Commander of the Navy, to be a true copy of such proceeding or of such part, shall be admissible in evidence without proof of the signature of such captain or officer.
Evidence of conviction or acquittal by a civil court
147. Where any person subject to naval law has been tried for any offence by a civil court, the Registrar, secretary, or chief clerk of such court shall, if requested by the commanding officer of such person or by any other officer authorized in that behalf by such commanding officer transmit to the officer by whom the request is made a certificate setting out the offence for which such person was tried and the judgment of such court thereon.
Such certificate shall, in any proceedings before a court martial or a naval officer exercising judicial powers under this Act, be evidence of the matters stated therein
PART XV
MISCELLANEOUS
Trial of officers for disciplinary offences in time of war
148. (1) Where an officer commits in time of war a disciplinary offence, the officer having power to order a court martial to be held may, if he considers that the offence is of such a character as not to necessitate trial by a court martial, in lieu of ordering a court martial, order a disciplinary court, constituted as herein after mentioned, to be held for the trial of the offender.
(2) A disciplinary court shall be composed of not less than three and not more than five officers, or whom one shall be a commander or of higher rank.
(3) A disciplinary court shall have power to impose any punishment inferior to detention in the scale of punishments but no greater punishment.
Armed rebels and mutineers
149. All armed rebels, armed mutineers, and pirates shall be deemed to be enemies within the meaning of this Act.
Power to arrest offenders
150. An officer in command of a ship of the Navy or an officer empowered by this Act to exercise judicial powers may, by warrant under his hand, authorize any person to arrest a person subject to Naval law for any such offence under this Act as may be mentioned in the warrant. Any such warrant may include the names of more persons than one in respect of several offences of tile same nature and any person named in any such warrant may forthwith, on his arrest, if the warrant so directs, be taken on board the ship to which he belongs, or some other ship of the Navy. Any person authorized by any such warrant to arrest an offender may use force, if necessary, for the purpose of effecting the arrest.
Arrest or deserters and absentees without leave
151. The following provisions shall have effect with respect to offences and seaman who are deserters or absentees without leave or have improperly left.
(a) Upon reasonable suspicion that an officer or a seaman is a deserter or an absentee with out leave or has improperly left it shall be lawful for any police officer, or if there is no police officer at hand, for any person, to arrest the suspected officer or seaman and forthwith to bring him before a Magistrate's Court.
(b) Where an officer or a seaman reasonably suspected to be a deserter or an absentee without leave or have improperly left is brought before a magistrate's Court the court-
(i) if satisfied, either by independent evidence taken on oath or affirmation or by the confession of such officer or seaman, that he is a deserter or an absentee without leave or have improperly left. shall forthwith, as it may seem to the court most expedient with regard to his safe custody, cause him either to be delivered into Naval custody or, until he can be no delivered, to be committed to some prison, police station, or other place legally provided for confinement of persons in custody, for such time as appears to the court reasonably necessary for the purpose of delivering him into naval custody, and
(ii) Where such officer or seaman confesses himself to be a deserter or an absentee without leave or to have improperly left. and the court is not convinced of the truth of the confesses, shall remand him for the purpose of obtaining information as to the truth or falsehood of the confession, and for that purpose the court shall transmit to the Commander of the Navy a descriptive return in such form and containing such particulars as may be prescribed, relating to such officer or seaman.
(c) The court may from time to time remand the officer or seaman referred to in paragraph (b) of this section for a period not exceeding eight days in each instance.
(d) Where under paragraph (b) (i) of this section a court causes an officer or a seaman either to be delivered into naval custody or to be committed as a deserter or an absentee without leave or having a improperly left. the court shall send to the Commander of the Navy a descriptive return relating to such officer or seaman.
(e) Where an officer-or a seaman surrenders himself to a police officer as being a deserter or an absentee without leave or having a improperly left. the officer in charge of the police station to which he is brought shall forthwith inquire into the case, and, if it appears to him from the confesses of such officer or seaman that such officer or seaman is a deserter or absentee without leave or has improperly left. may cause such officer or seaman to be delivered into Naval custody without bringing him before a Magistrate's Court under this section, and in such case shall send to the Commander of the Navy a certificate signed by himself as to the fact, date, and place of the surrender of such officer or seaman.
Restriction on arrest of officer or seaman for debt
152. (1) It shall not be lawful for any person to attest an officer or a seaman under any warrant, process or writ issued by any court in a suit for the recovery of a debt due from the officer or seaman, unless the debt was contracted when the debtor was not a member member of the Navy, nor unless before the issuing of the warrant, process, or writ, the plaintiff in the suit or some person on his behalf has made an affidavit that the debt due to the plaintiff was contracted at a time when the debtor was not a member of the Navy, norunless a memorandum of such affidavit is made on the back of the warrant, process, or writ
(2) Where an officer or a seaman is arrested in contravention of the provisions of subsections of subsection (1), the court which issued the warrant, process, or writ by his superior officer, investigate the case and, if satisfied that the arrest was made in contravention of such provisions, may make an order for the immediate discharge of the arrested officer or seaman, and may award to him the costs of the complaint, for the recovery of of which he shall have the like remedy as the plaintiff in the suit in which the warrant, process, or writ was issued would have on judgment being given in his favour with costs.
Assignment, seizure, or sequestration of pay, etc.
153. (1) Every assignment of and every change on, and every agreement to assign or charge, the pay or any allowances or other emoluments of any officer or seaman, shall be void unless it is approved by the President or any person thereto authorized by the President.
(2) No pay, allowance, or other emoluments of any officer or seaman shall be seized or sequestered under any writ or order issued or made by any civil court.
Maintenance of wife and children
154 Where a civil court enters a decree or makes an order against a person, who is or subsequently becomes an officer or a seaman, for the payment of any sum as cost of maintenance of his wife or of his legitimate or illegitimate child or children, the Commander of the Navy may, if a duty certified copy of such decree or order is sent to him, cause t o be deducted from the pay of the officer or seaman and to be appropriated towards the payment of that sum such portion of the however that there shall be left to the officer or seaman not less than one-third of his pay
Power as to restitution of stolen property
155. (1) Where a person subject to Naval law is convicted by a court martial of the offence of committing theft or criminal breach of trust of any property, property or of receiving any property knowing it to be stolen property, and the property or any part thereof is found in the possession of that person, the court martial or the President may order the property so found to be restored to the person appearing to be the lawful owner thereof.
(2) Where any property found in the possession of a person convicted by a court martial of an offence referred to in subsection (1) appears to the martial or to the President to have been obtained by the conversion or exchange of any of the property in respect of which that offence was committed, an order similar to an order under that subsection may be made by the court martial or the President.
(3) Where it appears to the court martial mentioned in subsection (1) or to the President, from the evidence given before the court martial, that any part of the property referred to in that subsection was sold to or pawned with any person without any guilty knowledge on the part of that person, the court martial or the President may, on the owner thereof, order that out of the money, if any, found in the possession of the offend, a sum not exceeding the amount of the proceeds of the sale or pawning shall be paid to that person.
(4) An order under this section shall not bar the right of any person, other than the offender or anyone claiming through him, to recover any property delivered in pursuance of such order from the person to whom it is so delivered.
(5) In this section "property" includes money.
Members of any foreign Naval force attached to the Lanka Navy
156. Where any member of any naval force raised outside Sri Lanka is attached to the navy of Sri Lanka for duty and service or for exercise or training, he shall be subject to the provisions of of this Act while he is so attached.
Vesting of Navy property in Commander of the Navy
157. All property belonging to the Navy, other than the property of individual members of the Navy, and the exclusive right to sue for and recover moneys and other property due to the Navy, shall vest in the commander of the Navy for the time being, with power for him to sue, to make contracts and conveyances, and to do all other lawful things relating to such property; civil or criminal proceedings taken-by virtue of this section by the Commander of the Navy shall not be discontinued and shall not abate by reason of his death, resignation, retirement, or removal from office, but may be carried on by and in the name of his successor in office.
Provision as to orders by Commander of the Navy
158. Where any order is authorized by this Act to be made by the Commander of the Navy, such order may be signified under the hand of any officer authorized to issue orders on behalf of the Commander of the Navy; and an order purporting to have been signed by any officer appearing therein to be so authorized shall be evidence of his being so authorized.
Naval ports
159. Where any port is wholly or mainly used by the Navy, the Minister may, by Order published in the Gazette, declare that port to be a naval port for the purpose of enabling the making of regulations under this Act in regard to matters affecting that port. The limits of every naval port shall be defined in the Order by which the port is declared to be a Naval port
Exclusion or modified application of written laws affecting ports
160. (1) The Minister may by Order published in the Gazette declare that, with effect from. - such data as may be specified in the Order, any provision of written law (Other than this Act and the regulations made there under) - which is generally or specially mentioned in the Order and which relates to ports or to persons, vessels or other property in ports or the carrying on of any undertaking or to the doing of or the omission to do any act in ports, and which is a provision not related to or connected with the imposition, levy or payment of customs duties or the prevention or detection of the smuggling of goods-
(a) shall not apply, or
(b) shall apply with such modifications as may be specified in the Order, to and in relation to the members or vessels of the Navy.
(2) Every Order made by the Minister under subsection (1) shall have the force of law.
Regulations
161. (1) The Minister may make regulations, not inconsistent with this Act, prescribing all matters which by is Act are required or permitted to be prescribed or which are necessary to be prescribed for securing the discipline and good government of the Navy or for giving effect to this Act, and in particular in respect of all or any of the following matters: -
(a) appointments and promotions in the Navy ;
(b) the pay, allowances, and emoluments of officers and seaman.
(c) pensions and gratuities to officers and seaman or the widows children and of the dependence of deceased officers and seaman ;
(d) procedure for obtaining redress of grievances of officers and seaman;
(e) the summoning of witnesses required to give evidence before courts martial and Naval officers exercising judicial powers under this Act ;
(f) the assembly and procedure of disciplinary courts ;
(g) the management and regulation of Naval prisons naval detention quarters ;
(h) the labour of prisoners in naval prisons and naval detention quarters and the enabling of such prisoners to earn, by special industry and good conduct, a remission of a portion of their sentence ;
(i) the maintenance of discipline among prisoners in naval prisons and naval detention quarters, the punishment by personal correction restraint or otherwise of offences committed by them, and the temporary release of them in such cases for such period, and subject to such conditions, as may be prescribed.
(j) the good government of Naval establishments, the discipline of persons receiving instructions or training or employed in or in connection with Naval establishments ;
(k) the prohibition or regulation of the entry, departure, movement or anchoring of vessels into, from or in Naval ports ;
(l) the provision or port equipment and port facilities to persons requiring them in Naval ports, and the fixing of fees for the use of such equipment and facilities ;
(m) the safety of Naval ports ;
(n) the prohibition or regulation of the admission of persons to Naval ports ;
(o) the conduct of persons within Naval ports ;
(p) the control of traffic within Naval ports ;
(q) the prevention of damage to property within Naval ports ;
(r) any other matter affecting Naval ports ;
(2) The regulations may provide as punishments for breaches thereof, simple or rigorous imprisonment for a term not exceeding three months, or a fine not exceeding two hundred rupees, or both such imprisonment and such fine.
(3) No regulation made in respect of the matters mentioned in paragraph (i) of subsection (1) shall authorize corporal punishment to be inflicted for any offence, nor render the imprisonment or detention more severe than it is, under the law in force for the time being, in any civil prison.
(4) Every regulation made by the Minister under this section shall be punished in the Gazette and shall come into operation from the date on which it is so published or, where a later date of operation is specified in the regulation, from such later date.
(5) Every regulation made by the Minister under this section shall, as soon as practicable, be brought before the Parliament by motions that such regulation shall be approved.
(6) Any regulation which the Parliament refuses to approve shall be deemed to be rescinded but without prejudice to the validity of anything previously done there under ; or to the marking of any new regulation. The date on which a regulation shall be so deemed to be rescinded shall be the date on which the Parliament refuses to approve it.
(7) Notification of the date on which any regulation made by the Minister under this section is deemed to be rescinded shall be punished in the Gazette.
162 Section 162 is omitted as it Makes the "Kings Regulations" applicable to the Navy prior to 1972.
In this Act, unless the context otherwise requires163.
"active service" means service rendered in the defence of Sri Lanka in time of war Whether actual or apprehended, or in the prevention or suppression of any rebellion of any rebellion, insurrection, or other civil disturbance in Sri Lanka.
"civil court" means any court established under the constitution or any other Act of Parliament.
"civil offence " means an offence against any law of Sri Lanka which is not a Naval offence;
"disciplinary offence " means a branch of section 61, 68, 69, 70, 89, or 104;
"Minister" means the Minister in charge of the subject of Defence.
"Naval port" means a port declared by the Minister to be a Naval port under section 159;
"Naval prisoner" means ca person under sentence of imprisonment or detention passed by a martial or by a naval officer exercising judicial powers under this Act;
"officer" means a commissioned officer, warrant officer, or subordinate officer;
"Secretary " means the Secretary to the Ministry of Defence
"Petty Officer" includes a Chief Perry Officer ;
"Prescribed" means prescribed by regulation made under this Act:
"Scale of punishments " means the scale of punishments set out in section 120.
"Subordinate officer" means a midshipman or a cadet ;
"Superior Officer" includes any officer, Warrant Officer and Petty Officer.
"Warrant Officer" means a Master chief Petty Officer or a Fleet Chief Petty Officer"