Navy (Amendment) Act 1993

This Act may be cited as the Navy (Amendment) Act,

No. 11 of 1993,

Section 4 of the Navy Act (hereinafter referred to as the “principal enactment”) is hereby repealed and the following section substituted therefor :—

“ Regular

4. The Regular Naval Reserve shall

‘ Naval consist of officers who by Order of the

Reserve.

President are transferred to such reserve from the Regular Naval Force or after service in the Regular Naval Force, and seamen who are transferred to such reserve from the Regular Naval Force in accordance with the terms of their enlistment or after service in the Regular Naval Force. ”.

;

Section 11

of the principal enactment is hereby amended as follows :—

by the repeal of subsection (2) of that section and the substitution, therefor of the following sub-section :—

the acceptance of his resignation is notified in the Gazette. ”.

by the repeal of subsection (4) of that section and the substitution therefor of the following sub-section :—

Section 13 of the principal enactment is hereby amended as follows :—

by the addition at the end of subsection (2) of that section, of the following proviso :—

by the addition, at the end of that section, of the following subsection :—

Section 14 of the principal enactment is hereby amended by the substitution, for the words, “reserve on such date. ”, of the words “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 appoint-ments in his possession as are the property of the Navy.”.

Section 26 of the principal enactment is hereby amended by the substitution, for the words, “from the commission of the offence, or, where that person has been absent from Ceylon during such period, within one year after his return to Ceylon.” of the words, “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 ta Sri Lanka,”.

;

Section 27 of the principal enactment is hereby amended in the proviso to subsection (1) of that section by the substitution, for the words “ after the lapse of six months from the date of the commission of such offence,”,, of the words “after the expiration of two years from the date of discovery of such offence, ”.

Section 28 of the principal enactment is hereby amended as follows :—

by the renumbering of that section as subsection (2)

in the renumbered subsection (2), of that section by the substitution for the words, “non-capital naval offence,”, of the words “non-capital offence, ”; and

Section 29 of the principal enactment is hereby repealed and the following section is substituted therefor :—-

“Right of 29, Where a warrant officer or petty offender who

-

os

.

.

is a petty officer is charged with a non-capital offence officer or other than a diciplinary offence or an warrant ys

.

officer to offence which is expressly required by this elect to be = Act to be tried by a court martial his com-summarily manding officer shall ask him whether he or by desires to be dealt with summarily or to be tpartial, 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. ”.

Section 34 of the principal enactment is hereby amended, in subsection (1) of that section, by the sub-stitution, for the words, “rank not below that of Lieute-nant. Commander”, of the words “rank not below that ot

Captain ”.

Section 35 of the principal enactment is hereby amended as follows :—

in subsection (8) of that section, by the substitution, for the words “tc name the President.”, of the words “to name the President and the other mem-bers of the court martial may be named by the authority ordering the court martial”; and

in subsection (12) of that section, by the substitution for the words “where the court martial is to be heid”, of the words

Section’ 37 of the principal enactment is hereby amended as follows :—

by the substitution, for the words “exception of

by the addition at the end of that section of the following new proviso :—

Section 52 of the principal enactment is hereby amended in subsection (1) thereof by the substitution for the words “not exceeding ten cents for every folio of seventy-two words as may be prescribed.”, of the words

“as may be prescribed. ”.

Section 60 of the principal enactment is hereby amended in subsection (2) of that section, by the substitu-tion, for the words “ without leave without being guilty”

of the words “ without leave of improperly leaves his ship or place of duty without being guilty ”.

Section 61 of the principal enactment is hereby amended by the substitution, for the words “without leave without being guilty ’, of the words “without leave or improperly leaves his ship or place of duty without being guilty ”.

Section 68 of the principal enactment is hereby amended as follows :—

by the substitution, for the words “his superior officer whether or not such superior officer ”, of the words, “any other person subject to naval law whether or not such other person”; and

in the marginal note to that section, by the substi-tution for the words “superior officer.” of the words, “any person subject to naval law. ”.

Section 69 of the principal enactment is hereby amended as follows :—

by the substitution, for the words “his superior officer, or uses threatening or insulting language or behaves with eontempt to his superior officer,

in the marginal note to that section, by the substitu-tion, for the words “to superior officer.”, of the words, “to superior officer or a junior officer ”.

. Section 77 of the principal enactment is hereby

’ amended, in paragraph (b) thereof, by the substitution the scale of punishments, and,”, of the word “term not less than three years or any Jess severe punishment in than three years, and, ”.

Section 80 of the principal enactment is hereby amended by the substitutions for the words “for the use of the Navy shall”, of the words “by the Navy shall”.

Section 82 of the principal enactment is hereby amended as follows :—

of section 82 of the principal enactment.

by the repeal of paragraph (b)

in paragraph (c) thereof, by the substitution, for the wowrd “injures”, of the words “injures or destroys ”.

Section 102 of the principal enactment is hereby amended by the substitution, for the words “produced effects injurious to such forces, shall be”, of the words

“produced effects injurious to such forces or is likely to have produced effects injuricus to such forces, shall be”.

Section 104 of the principal enactment is hereby amended as follews :—

fa) by the renumbering of that section as subsection (1) of that section

;

by the addition at the end of that section of the following new proviso :—

Section 105 of the principal enactment is hereby amended by the substitution, for the words “be punished with a fine not exceeding two hundred rupees.”, of the words “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 imprison-ment. ”.

Section 106 of the principal enactment is hereby amended by the substitution for the words “for his enli-stment as a seaman shail”, of the words “for his appoint-ment as an officer or his enlistment as a seaman shall ”.

Section 107 of the principal enactment is hereby amended as follows :—

in pragraph (a) of that section by the substitution for the words “aksent himself without leave, or attempts to procure or persuade any officer or seaman to desert or absent himself without leave, or”, of the words “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, mm.

in paragraph (4) of that section by the substitution for the words “ absent himself without leave, aids him in deserting or absenting himself without leave. or”, of the words “absent himself without

in paragraph ‘e) of that section by the substitution for the words “or absentee without leave,”, of the words “or absentee without leave or has improperly left,” ; and

in the marginal note to that section by the sub-stitution, for the words “without leave.”, of the words “without leave or leave improperly.”.

Section 110 of the principal enactment is hereby amended in subsection (1) of that section as follows :—

in paragraph (b) thereof, by the substitution, for the words “ pawn or give away, or”, of the words

in paragraph (c) thereof, by the substitution, for the words ‘“pawning, or making away”, of the words “ pawning, destroying, or making away”.

Section 114 of the principal enactment is hereby amended by the substitution, for paragraphs (a), (b), (¢), civil court,”, of the words “the High Court holden at the nearest zone, ”.

Section 120 of the principal enactment is hereby amended by the substitution for paragraphs (a), (b), (c), (d), (e), (f), (g), (h), @, G), (K), (D, (m) of that sec-ction, of the following paragraphs

:—

‘(a) death

;

rigorous imprisonment

simple imprisonment

dismissal without disgrace from the Navy

detention

forfeiture of seniority as an officer for a specified time or otherwise

disration of subordinate, warrant or petty officer

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 ;

severe reprimand;

reprimand ;

- such minor punishments as may be prescribed. ”,

in subsection (1) of that section by the substitution, for the words, “absentee without leave has”, of the words “absentee without leave or having improperly left has” ;

in subsection (2) of that section by the substitution, for the words “absentee without leave has”, of the words “absentee without leave or having improperly left has”;

in the marginal note to that section by the substitu-tion, for the words “absentee without leave.”, of the words “absentee without leave or a person who has improperly left. ”,

Section 151 of the principal enactment is hereby amended as follows :—

enactment.

by the substitution, for the words “absentees without leave :—”, of the words “ absentees without leave or have improperly left i;

in paragraph (a) of that section by the substitution, for the words “an absentee without leave, it shall be”, of the words “an absentee without leave or has improperly left, it shall be ”

in paragraph (b) of that section by the substitution, for the words “an absentee without leave is”, . of the words “an absentee without leave or have improperly left. is”;

in sub-paragraph (i) of paragraph (b) of that sec-tion, by the substitution, for the words “ an absentee without leave, shall ”, of the words “an absentee without leave, or has improperly lift, shall” ;

in sub-paragraph (ii) of paragraph (>) o that sec-tion by the substitution, for the words “an absentee without leave and”, of the words “an absentee without leave or to have improperly left and”;

in paragraph (d) of that section by the substitution, for the words “an absentee without leave, the”, of the’ words “an absentee without leave or having improperly left, the”;

in paragraph (e) of that section by the substitution for the words “an absentee without leave, 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 confession of such officer or seaman that such officer or seaman is a deserter or absentee without leave, may ”, of the words “an absentee without leave or having 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 confession of such officer or seaman that such officer or seaman is a deserter or absentee without leave or has improperly left, may”.

by the substitution for the definitions respectively of

by the addition at the end of that section of the following new definition :—

Wherever in any provision of the principal enact-ment, the words “Permanent Secretary” occurs, there shall be substituted the word “Secretary ”.

Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.