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Union of India - Section

Section 133 in The Navy (Pay And Allowances) Regulations, 1966

133. Authorised deductions from or forfeiture or withholding of pay and allowances of sailors.

(1)The deductions from, or the forfeiture of the pay and allowances of a sailor are governed by the provisions of sections 29, 30, 31, 32, 33, 49 (2) and 82(6), as the case may be, of the Navy Act, 1957, read with the relevant regulations issued under that Act from time to time.
(2)[ When a sailor has been tried and convicted by a criminal court, he shall forfeit one day's pay for each day or part of a day during which he is detained by the civil power as a part of the sentence. He shall also, as a general rule, forfeit pay in like manner for the time spent in custody pending his trial.] [Substitutued by S.R.O. 9(E), dated 19th March, 1974]
(3)The Chief of the Naval Staff may remit the penalty or penalties referred to in sub-regulation (2) whenever the offence is venial and brings no discredit to the Service; he may also remit them in other cases where there are special grounds for remission.Explanation 1. - When a sailor is arrested by the civil power while he is on leave, his pay shall not be stopped for that portion of his absence during which he was on leave.Explanation 2. - The period between the date of arrest and the date of conviction and sentence may consist of the following spells, namely:
(a)from the date of his arrest (unless he is on leave at the time) or from the date of expiration of his leave (if he is arrested during leave and is still in custody when his leave expires);
(b)from the date of surrender to bail (if he is allowed to return to his ship pending trial);
(c)from the date of a sentence of imprisonment and the like.
Explanation 3. - Forfeiture of pay enforced under this regulation is to take effect from the commencement of each separate period of absence.Discontinuance of Pay