Section 202 in The Naval Ceremonial, Conditions Of Service And Miscellaneous Regulations, 1964
202. Scope, application, etc.
(1)This regulation shall govern the grant of paid acting ranks of Lieutenant Commander and above to Commissioned Officers of the Navy and for retention or relinquishment of such ranks by officers during periods of leave, on transit from one appointment to another, and during courses, etc.(2)(a)This regulation shall apply to Commissioned Officers both Permanent and Short Service, in all Branches except officers of the Army Medical and Army Dental Corps seconded to the Navy.(b)This regulation shall not affect the position of officers already holding acting ranks granted otherwise than for the duration of a specific appointment under any orders of a competent authority made before the commenement of these regulations except that their reversion to their confirmed rank shall be governed by the provisions of sub-regulation (9).(c)Acting promotion of officers of the Army Medical and Army DentalCorps seconded to the Navy shall continue to be regulated under therules applicable to their respective Corps.Grant of acting ranks(3)General. - (a) Acting ranks under the provisions of this Regulation shall initially be unpaid. Acting rank shall become paid after 21 consecutive days of duty in the appointment carrying the higher rank from the date of its grant, though the grant of pay shall then become retrospective. Acting rank shall not be converted into paid acting rank unless it is held by an officer on the 22nd day.(b)If an officer proceeds on annual leave or combined leave (annual leave plus furlough) or on courses of instruction of less than 10 weeks' duration while holding an unpaid acting rank, the period spent on leave other than furlough, or such courses shall be considered as on duty for the purpose of conversion of unpaid acting rank into paid acting rank, provided he is borne against the same appointment on the date he qualifies for such conversion.(c)When an officer is appointed on return from combined leave (annual leave plus furlough) to the same appointment or another appointment carrying equivalent rank, he shall, for purposes of the grant of paid acting rank, be governed by the provisions of Cl.(b).(d)Acting promotion shall not be granted when the duties of an appointment are carried out as an interim arrangement.(4)Lieutenant-Commander.-(a) The grant of acting rank of Lieutenant-Commander shall be in the nature of a quasi-permanent promotion to this rank. Promotion shall be by selection from among all eligible officers.(b)Promotions shall normally be made half-yearly on the 30th June and the 31st December and shall be effective from those dates.(5)The number of promotions shall not exceed the number of vacancies in the sanctioned cadre of Lieutenant-Commanders; the sanctioned cadre of Lieutenant-Commanders for this purpose shall be reckoned as 25 per cent of the total sanctioned cadre of [Lieutenant-Commanders, Lieutenant and Sub-Lieutenant] [Substitued by S.R.O. 17-E, dated 5th July, 1967] in each Branch or such other percentages as may be fixed by the Government from time to time.(6)To be eligible for promotion, an officer must satisfy the following conditions:-(a)has attained 6 years' seniority as Lieutenant.(b)is recommended by his Captain; and(c)Possesses a full Naval Watch-Keeping Certificate if an Executive Officer, or an Engine-Room Watch-Keeping Certificate if an Engineer Officer, or a Certificate of Competency if an Electrical Officer.(7)Commander and above. - (a) Acting ranks of Commander and above shall only be granted to officers who are selected to fill appointments carrying a rank higher than their confirmed rank, and will become effective from the date an officer actually assumes and performs duty in that appointment. The grant of acting rank shall, however, not be automatic upon an officer assuming the higher appointment.(b)Selection of officers for the grant of acting rank shall be primarily based on merit, but other. factors such as availability and/or suitability of an officer to fill a particular appointment shall also be taken into consideration.(8)Promotion to acting ranks shall be restricted to one step above an officer's confirmed rank and also to the number of vacancies in the sanctioned cadre of each rank except as provided in Explanation (2) under sub-regulation (16).Retention and relinquishment of acting ranks(9)General. - An officer holding acting rank shall be liable to reversion to his confirmed rank under the following circumstances, or such other rules as may be prescribed from time to time :(a)if there is a reduction or re-adjustment of the cadre affecting that rank;(b)if, in the opinion of the Chief of the Naval Staff, he is found to be unable to carry out satisfactorily the duties of the higher rank, or he is otherwise unsuitable for holding the higher rank;(c)if he fails in courses or examinations prescribed by the Government from time to time.(10)Subject to the provisions of sub-regulation (9) :(a)the acting rank of Lieutenant-Commander shall be held by officers at all times, whether on duty or on leave/furlough, and(b)except as provided in sub-regulations (12) to (16), acting ranks of Commander and above shall be held by officers only so long as they actually perform the duties of the appointment for which the higher rank was granted.(11)Any acting rank held by Short Service Commission Officers at the time of transfer to a permanent commission may be retained subject to the provisions of sub-regulation (9).(12)On transfer. - (a) From one appointment in India to another appointment in India. - An officer holding acting rank in an appointment in India on transfer to another appointment in India shall retain his acting rank during the transit period, provided:(i)the appointment to which he is transferred carries an equivalent or a higher rank;(ii)he had held the acting rank for a minimum period of three months (or for a total period of 91 days when broken periods of paid acting rank are counted) prior to relinquishment of the appointment from which transferred; and(iii)the move is carried out direct by the first available opportunity.Explanation 1. - Subject to the fulfilment of the conditions referred to in sub-clauses (i) and (ii)(i)an officer under transfer from one appointment to another who is granted annual leave with the consent of or by the Captain of his new ship /establishment, may be taken against the new appointment from the date he is struck off strength of his last appointment provided the new appointment is vacant. He shall be deemed to have proceeded on leave from the new appointment and shall retain his acting rank during the period of leave against that appointment;(ii)an officer who is transferred from one appointment to another whilst on annual leave and the relieving officer reports for duty before the expiry of leave of the outgoing officer, may be taken against the new appointment with the consent of the Captain of his new ship/establishment from the date he is struck off the strength of his last appointment provided the new appointment is vacant. He shall retain his acting rank during the balance of his leave against the new appointment.Explanation 2. - Officers who are transferred from one appointment to another carrying a lower rank shall relinquish the higher acting rank during the transit period.(b)From an appointment in India to an appointment ex-India and vice versa.(i)An officer transferred from an appointment in India to an appointment ex-India or vice versa, shall be granted the acting rank, if the new appointment carries a higher rank, from the date of embarkation.(ii)An officer holding acting rank in an appointment in India on transfer to another appointment carrying an equivalent rank ex-India or vice versa shall continue to hold the acting rank until the date of assumption of the new appointment or until the new appointment falls, vacant, whichever is later, but the retention of acting rank within Indian limits prior to embarkation shall be subject to the fulfilment of the conditions in Cl. (a).Explanation 1. - Subject to the fulfilment of the conditions referred to in sub-clauses (i) and (ii) of cl. (a), officers who are appointed ex-India as Naval Attaches or Advisers will retain their acting rank during the transit period from the date of their being struck off the strength to the date of assumption of appointment ex-India, provided that the total period from the date of their being struck off the strength in India to the date of embarkation does not exceed seven days. Officers who proceed to the port of embarkation from a temporary duty station will be struck off the strength of their appointment from the date of leaving the temporary duty station and will retain their acting rank as above, provided the period from that date to the date of embarkation does not exceed seven days.Explanation 2. - Acting rank will be retained subject to the above conditions by such officers during the return journey, that is to say from the date of vacating appointment ex-India to the date preceding that on which appointment is assumed in India.(c)From an appointment ex-India to another appointment ex-India. - An officer holding acting rank in an appointment ex-India on transfer to another appointment carrying equivalent rank ex-India will retain his acting rank during the transit period under the conditions in Cl. (a).(13)During periods of leave. (a) Annual leave. - () An officer holding an acting rank who proceeds on annual leave and on expiry returns to the same appointment, shall retain his acting rank for the entire period of annual leave. No acting promotion in replacement shall be made during this period.(ii)An officer holding acting rank who proceeds on annual leave and on expiry does not return to the same appointment shall retain his acting rank for the entire period of annual leave, provided he continues to be borne against his last appointment for the duration of the annual leave period. No acting promotion shall be made in his place for this period and he shall be struck off the strength of his ship or establishment from the date following that of expiry of annual leave :Provided that an officer who on expiry of annual leave takes up an appointment in which he is granted the same acting rank may be struck off his last appointment and retain the acting rank during the period of annual leave in the following circumstances :On transfer from a shore appointment provided it does not involve an acting promotion being made in replacement; andOn transfer from an afloat appointment even though it may entail making an acting promotion in replacement.(b)Furlough. - An officer holding acting rank who proceeds on furlough shall retain his acting rank if under these regulations he is entitled to retain the acting rank during the period of annual leave :(i)When furlough is taken by itself;(ii)When furlough is combined with annual leave.Officers proceeding on leave pending retirement or resignation shall not be entitled to retain the higher rank during the period of furlough.The retention of acting rank during the period of furlough shall not be taken into account for purposes of any additional pension admissible on the basis of an acting rank nor will it have any other financial effect. Officers will receive their pay and allowances under the Pay and Allowances Regulations for the Indian Navy.(c)Sick leave. - (i) An officer holding acting rank who is granted sick leave shall retain paid acting rank from the date of first absence from duty for a period of six months (which will include the period of annual leave of the year) or until he is taken on the strength of a ship or establishment and fills a specific vacancy in the authorised complement of that ship or establishment carrying a lower rank, whichever is earlier.Explanation. - If the annual leave of the year or a part of that leave had been taken earlier, the period of six months referred to above will be reduced by a corresponding period.(ii)He will remain on the strength of his ship or establishment during that portion of sick leave which represents annual leave. Acting promotion in his place shall be admissible after the expiry of annual leave included in the period of sick leave:Provided that an officer holding an acting rank in an afloat appointment who is granted sick leave, and in whose case a replacement is necessary, shall be struck off the strength of his ship and shall retain acting rank from the date of first absence from duty for a period of six months (which shall include the period of annual leave of the year) or until he is taken on the strength of a ship or establishment and fills a specific vacancy in the authorised complement of that ship or establishment carrying a lower rank whichever is earlier.Explanation 1. - If the annual leave of the year or a part of that leave had been taken earlier, the period of six months referred to above will be reduced by a corresponding period.Explanation 2. - Acting promotion in his place shall be admissible from the first day of absence on sick leave.(d)Leave on termination of engagement of Short Service Commission Officers. - Promotion in replacement shall not be permissible during the period of leave on termination of engagement granted to Short Service Commission Officers.(14)Courses of Instruction. - (a) Of less than ten weeks' duration.-An officer detailed to attend a course or courses totalling less than ten weeks' duration shall remain on the strength of his ship or establishment and shall retain acting rank. No acting promotion in his place will be admissible. If however, it becomes definitely known during the course(s) that the officer will not return to his last appointment at the end of his course(s), he will be struck off the strength of his ship or establishment from the date it becomes known that he will not return. In that event, he shall relinquish any acting rank held from the date on which he is struck off.Explanation 1. - An officer attending a course(s) of less than ten weeks duration may be transferred proforma during the course to another ship /establishment in a vacant equivalent appointment. When such a transfer is carried out, the officer shall continue to retain any acting rank which, from the date of transfer, will count against the strength of his new ship or establishment. Acting promotion in replacement in the original ship or establishment shall be permissible from the date the officer is taken on the strength of his new ship or establishment.Explanation 2.-This clause shall apply in all cases of attendance of courses of less than ten weeks, irrespective of the actual duration of absence from ship or establishment.(b)Of ten weeks' duration or more. - An Officer detailed to attend a course or courses of ten weeks' duration or more will be struck off the strength of his ship or establishment from which date acting promotion in replacement will be admissible.He shall retain acting rank in accordance with the following provisions.An officer who has held acting rank for an unbroken period of not less than 3 months at the time of proceeding on a course in or ex-India shall retain such rank as under :(i)during the journey period as well as any pre-course attachment or training that is to say from the date of being struck off duty to the date of commencement of the course;(ii)for the duration of the course;(iii)from the date of the conclusion of the course to the date of the officer reports back for duty, or on completion of any leave (not exceeding 60 days) granted at the end of the course, whichever is earlier. Thereafter, the retention of acting rank shall be governed by the normal regulations;(iv)an officer who falls sick during a course shall relinquish acting rank under clause (c) of sub-regulation (13); but it may be restored to him with effect from the date of relinquishment if he subsequently returns and completes the course.An officer who relinquishes acting rank under this clause, but recovers too late to finish the course may, if he rejoins the course next following without returning to duty in ship or establishment, shall reassume acting rank with effect from the date of commencement of the next course, or the date of joining it, whichever is later;(v)an officer holding acting rank who, on completion of a course of ten weeks' duration or more, proceeds to attend a course of less than ten weeks' duration without having joined his ship or establishment, shall continue to retain his acting rank, provided that the holder of the acting rank will be allowed this concession only if he is reabsorbed in the establishment of his ship or establishment in the same rank on completion of the first course.Explanation 1. - An officer holding acting rank who, on completion of a course falling under clause (a) proceeds to attend a course falling under clause (b) without having joined his ship or establishment shall continue to retain his acting rank.Explanation 2. - An officer holding acting rank who, on completion of a course falling under clause (b), proceeds direct to attend another course falling under that clause, shall continue to retain his acting rank during the second course. On the completion of the second course, the relinquishment of acting rank will be governed by sub-clause (iii) of clause (b).Explanation 3. - An officer granted acting higher rank for a specified period in an officiating capacity, or in an appointment sanctioned for a specified period, shall not be eligible to retain that rank when detailed to attend a course of instruction. If however, such an officer is promoted to that acting rank in the normal course before proceeding on a course and would have continued to retain that rank if he had not proceeded on the course, he shall not be required to relinquish that rank if he fulfils all other conditions for holding that acting rank during the course.(15)Officers under arrest. - (a) An officer who ceases to carry out the duties of his appointment through being placed under open or closed arrest, or by suspension from duty shall vacate his appointment and relinquish his acting rank after 21 days.(b)If the officer is subsequently acquitted or, for any reason, is not brought to trial, or his character is vindicated to the satisfaction of the Chief of the Naval Staff, he may be re-appointed to the appointment he has vacated with effect from the date of vacation, and his acting rank shall then be deemed to have been held by him continuously.(c)If such an officer is convicted and receives a sentence of less than dismissal from the Naval Service, he may, at the discretion of the Chief of the Naval Staff be reappointed from the date he returns to duty provided he has not received the punishment of dismissal from the ship.(d)If such an officer is convicted and receives a sentence of dismissal from the ship, he may, at the discretion of the Chief of the Naval Staff be transferred to another appointment carrying the same acting rank.(e)The officer temporarily filling the appointment in place of the officer under arrest may, in the case of the conviction of the latter, be granted acting rank for the period when such rank was not held by the accused (that is to say from the 22nd day after the date on which the accused was placed under arrest or suspended from duty).(f)These provisions shall not affect the principle that two officers cannot draw pay for the same appointment at the same time, and as the officer under arrest may be reappointed under clause (b), and may hold the appointment continuously, the promotion of the officer temporarily performing the duties of the appointment will not be published until the result of the trial and the like is known.(16)Officers on temporary duty. - (a) An officer proceeding on temporary duty shall not be required to relinquish his acting rank, if during such duty he is not filling a vacancy in any other ship or establishment for which an authorised establishment exists. No acting promotion in his place shall be made.(b)If, however, the absence on temporary duty exceeds or is expected to exceed three months and a replacement is considered necessary, steps' may be taken to authorise an appointment for the duty, with a rank commensurate with its responsibilities. Acting promotion shall then be admissible in place of the absentee from the date the new appointment is created.Explanation 1. - The term "period of transit", wherever it occurs, will be deemed to include joining time and periods of handing over or taking over. For this purpose, the maximum periods of handing over or taking over (including all holidays) shall be as follows :(a)Where physical check of stores is involved 7 days.(b)In cases other than (a) above 4 days.Explanation 2. - The grant and retention of acting ranks under this Regulation will not involve any increase in the sanctioned cadre, either in the respective ranks or in the total cadre, of the particular Branch, except as indicated in Explanation 3.Explanation 3. - Any excess in the number of officers of and above the rank of Acting Commander who, are permitted to retain acting ranks under the provisions of Cls. (a), (b) and (c) of sub-regulation (12), the proviso to sub-clause (ii) of Cl. (a) of sub-regulation (13), Cl. (c) of sub-regulation (13), and Cl. (b) of sub-regulation (14), shall be borne against the sanctioned cadre in the lowest rank, that is, Lieutenant-Commander or Lieutenant or Sub-Lieutenant of the particular Branch.(17)Officers who are prisoners of war or missing. - (a) Officers holding acting rank at the time they are captured by the enemy or become missing shall continue to hold that rank so long as they are prisoners of war or missing but no part of the period during which the officer is prisoner of war or missing shall reckon towards any period of service necessary to qualify for pay of an acting rank.(b)Retention of acting rank by officers who are recovered or released from the enemy's custody shall be governed as under :(i)Officers who are sent on leave directly after a brief stay at a Reception Camp shall retain their acting rank from the date of their recovery or release from the enemy's custody up to the date of proceeding on leave and thereafter for the period of annual leave, and for the period admissible for taking over the new appointment.(ii)In the case of sick officers who are admitted into the hospital directly on recovery or release from the enemy's custody, retention of acting rank shall be governed under clause (c) of sub-regulation (13). For this purpose, the date of recovery or release shall be treated as the date of the first absence from duty.(18)Acting promotions to the rank of Captain and above shall be notified in the Gazette of India.
