Army ACT

Arrangement of Sections

1. Short title.

PART I

Organisation of the Army

2. The Army.

3. Regular Force.

4. Regular Reserve.

5. Volunteer Force.

6. Volunteer Reserve.

7. Training.

8. Commander of the Army.

PART II

Officers

9. Appointment of officers.

10. Duration of appointments.

11. Resignation.

12. Promotion transfer and leave.

PART III

Soldiers

13. Enlistment.

14. Original enlistment, and re-engagement.

15. Reckoning and forfeiture of service.

16. Promotion, transfer, discharge.

17. Reduction to rank of private.

PART IV

Service

18. Employment of Regular Force.

19. Employment of Regular Reserve, Volunteer Force and Volunteer Reserve.

20. Prolongation of service in the army.

21. Relations between military and naval and air forces of Sri Lanka acting together.

22. Co-operation with foreign military force.

23. Performance of non-military duties.

23A. Performance of certain other duties by members of the Army.

PART V

Pay, Allowances, Pensions and Gratuities

24. Emoluments of members of the Regular Force and of other members of the army who are on active service.

25. Allowances of officers and soldiers who are members of the Regular Force and are not on active service.

26. Making and remission of deductions.

27. Penal deductions from the pay due to an officer.

28. Penal deductions from the pay due to a soldier.

29. Pensions and gratuities.

30. Assignment, seizure, or sequestration of pay, allowance, pension or gratuity.

31. Maintenance of wife and children.

PART VI

Redress of Grievances

32. Grievances of officers.

33. Grievances of soldiers.

PART VII

Persons Subject to Military Law

34. Meaning of person subject to military law.

35. Persons liable to military custody.

36. Persons who may order military custody.

37. Custodians.

38. Statement of offence.

39. Military custody of officer or soldier not on active service.

40. Commanding officer's powers in regard to an accused.

41. Delegation of commanding officer's power to deal summarily with an accused soldier.

PART VIII

Summary Trial

42. Summary trial of accused who is an officer of a rank below that of Lieutenant-Colonel or is a soldier.

43. Summary trial of accused who is a soldier other than warrant officer.

44. Manner of taking evidence at summary trial.

PART IX

Court Martial

45. Three kinds of Court Martial.

46. General Court Martial.

47. Jurisdiction of general Court Martial.

48. Field general Court Martial.

49. Jurisdiction of field general Court Martial.

50. District Court Martial.

51. Jurisdiction of district Court Martial.

52. Courts martial in general.

53. Appointment of Judge Advocate.

54. Powers and duties of Judge-Advocate.

55. Oath or affirmation.

56. Time-limit.

57. Trial of offenders who have ceased to be subject to military law.

58. Effect of acquittal or conviction of an offence.

59. Place of trial.

60. Objections by accused to members of Court Martial.

61. Procedure.

62. When offence proved is included in offence charged.

63. Conviction and sentence not valid till confirmation.

64. Authorities empowered to confirm convictions and sentences.

65. Powers of confirming authority.

66. Revision of conviction and sentence on reference to Court Martial.

67. Revision of sentence which has been confirmed.

68. Suspension and remission of sentence of imprisonment or detention passed on a soldier.

69. Commencement of sentence.

70. Execution of sentence of imprisonment.

71. Execution of sentence of detention.

72. Summoning and privilege witnesses at Court Martial.

73. Counsel at Court Martial.

74. Accused who is of unsound mind.

75. Right of person tried by Court Martial to copy of proceedings.

76. Preservation of record of proceedings of Court Martial.

PART X

Civil Courts

77. Jurisdiction of civil courts not affected by this Act.

78. Delivery of military offenders to the civil powers.

79. Issue of writs by Court of Appeal.

80. Actions against persons for acts done under this Act.

PART XI

Evidence

81. Rules of evidence.

82. Application of sections 83 to 93.

83. Proof of answers given by a person on enlistment or re-engagement as a soldier.

84. Proof of enlistment.

85. Letters, returns, or other of the documents respecting service.

86. Copies of regulations and orders printed by Government Printer.

87. Army list or Gazette.

88. Orders made under this Act by military authorities.

89. Record made in a regimental book.

90. Descriptive return.

91. Certificate regarding surrender of or absentee without leave.

92. Certificate regarding arrest or surrender of officer or soldier outside Sri Lanka.

93. Copy of the proceedings of a Court Martial.

94. Evidence of conviction or acquittal by civil court.

PART XII

Military Offences

Offences in Respect of Military Service

95. Offences in relation to the enemy.

96. Offences in relation to the enemy not punishable with death.

97. Offences punishable more severely on active service than at other times.

Mutiny and Insubordination

98. Mutiny and sedition.

99. Striking or threatening superior officer.

100. Disobedience to superior.

101. Insubordination.

102. Neglect to obey garrison or other orders.

Desertion, Fraudulent Enlistment, and Absence without Leave

103. Desertion.

104. Fraudulent enlistment.

105. Assistance of or connivance at desertion.

106. Absence from duty without leave.

Disgraceful Conduct

107. Scandalous conduct of officer.

108. Fraud by person in charge of property.

109. Disgraceful conduct.

Drunkenness

110. Drunkenness.

Offences in Relation to Persons in Custody

111. Permitting escape of person in custody.

112. Irregular arrest or confinement.

113. Escape from confinement.

Offences in Relation to Property

114. Corrupt dealings in respect of supplies to army.

115. Deficiency in, and injury to, equipment.

Offences in Relation to False Documents and Statements

116. Falsifying official documents and false declarations.

117. Neglect to report, ands signing in blank.

118. False accusation or false statement.

Offences in Relation to Courts Martial

119. Offences in relation to Court Martial.

120. False evidence.

Offences in Relation to Enlistment

121. Enlistment soldier, airman discharged with disgrace.

122. False answers on enlistment.

123. General offences in relation to enlistment.

Miscellaneous Military Offences

124. Traitorous words.

125. Injurious disclosures.

126. Ill-treating soldier.

127. Dueling and attempting to commit suicide.

128. Refusal to deliver to civil court officers and soldiers accused of civil offences.

129. Conduct prejudicial to military discipline.

130. Illegal gratification in connection with appointment or promotion.

PART XIII

Punishments by Courts Martial in Respect of Civil Offences

131. Treason, murder, culpable homicide not amounting to murder, and rape.

132. Any civil offence not mentioned in section 131.

PART XIV

Scale of Punishments by Courts Martial

133. Scale of punishments by Court Martial.

134. Special provisions in regard to punishments by Court Martial.

PART XV

Offences under this Act which are Not Military Offences

135. Unlawful recruiting.

136. False answers by applicants for enlistment.

137. Pretending to be a deserter.

138. Inducing or assisting officers or soldiers to desert or absent themselves without leave.

139. Interference with military duties.

140. Illegal gratification to persons not subject to military law in respect of appointments or promotions in the army.

141. Purchase of regimental necessaries, equipment, stores.

142. Unlawful possession of military certificates.

143. Unauthorised use of decorations.

144. Obligations of employer.

145. Misconduct of civilian witness at Court Martial.

146. False evidence by civilian witness at, and contempt of civilian towards Court Martial.

147. Unauthorised training of a military nature.

PART XVI

Deserters and Absentees without Leave

148. Inquiry into absence of soldier.

149. Confession by soldier of desertion or fraudulent enlistment.

150. Arrest of deserters and absentees without leaves.

PART XVII

Imprisonment and Detention

151. Committal, removal, release of military prisoner or soldier undergoing detention.

152. Military prisoners in civil prisons.

153. Duty of superintendent of any prison.

154. Establishment and regulation of military prisons and detention barracks.

PART XVIII

Miscellaneous

155. Regulations.

156. Continuance in force of regulation made under the Defence Force Ordinance.

156A. Special provisions relating to the payment of pensions and gratuities to certain members of the Ceylon Defence Force.

156B. Special provisions relating to the payment of pensions and gratuities to widows and families of certain deceased members of the Ceylon Defence Force.

157. Vesting of property of army in the Commander of the Army.

158. Power as to restitution of stolen property.

159. Exercise of Powers vested in holder of military office.

160. Provisions as to warrants and orders of military authorities.

161. Members of any foreign armed force attached to the army of Sri Lanka.

162. Interpretation.

17 of 1949,

6 of 1962,

32 of 1962,

22 of 1964,

22 of 1971,

38 of 1990,

10 of 1993.

AN ACT to provide for the raising and maintenance of an army and for matters connected therewith.

[Date of Commencement: 20th October, 1949]

1. Short title.

This Act may be cited as the Army Act.

PART I

Organisation of the Army

2. The Army.

(1) There shall be raised and maintained, in accordance with the provisions of this Act and of the regulations made thereunder, an army not exceeding such strength as may, from time to time, be determined by Parliament.

(2) The army shall consist of—

(a) a Regular Force,

(b) a Regular Reserve, and

(c) such Volunteer Force and Volunteer Reserve as may be constituted under sections 5 and 6.

3. Regular Force.

(1) The Regular Force shall consist of officers and soldiers who are appointed or enlisted for the purpose of rendering continuous service under this Act during the period of their engagement.

(2) The Regular Force shall be organised into such corps as may, from time to time, be determined by the President.

(3) Where the whole or any part of the Regular Reserve, Volunteer Force, or Volunteer Reserve is called out, as hereinafter provided, on active service or for military training, the officers and soldiers 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 soldiers of the Regular Force.

4. Regular Reserve.

The Regular Reserve shall consist of officers who by order of the President are transferred to such reserve from the Regular Force and soldiers who are transferred to such reserve from the Regular Force in accordance with the terms of their enlistment.

5. Volunteer Force.

(1) There may be raised and maintained, in accordance with the provisions of this Act and of the regulations made thereunder, 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 Force.

(3) The Volunteer Force shall be organised into such corps as may, from time to time, be determined by the President.

6. Volunteer Reserve.

There may be organised and maintained a Volunteer Reserve consisting of such officers and soldiers of the Volunteer Force or of any other unit of the army as are transferred to such reserve by order of the President.

7. Training.

The whole or any part of the Regular Reserve, Volunteer Force, or Volunteer Reserve may by order of the President be called out for military training with the whole or any part of the Regular Force during any period specified in such order.

8. Commander of the Army.

(1) The President shall appoint a fit and proper person to command the army.

(2) The person appointed under subsection (1) of this section shall be designated Commander of the Army.

PART II

Officers

9. Appointment of officers.

(1) The officers shall be appointed by commissions under the hand of the President.

(2) Every officer shall upon appointment take and subscribe the prescribed oath, or make and subscribe the prescribed affirmation, before a prescribed officer.

(3) No commission issued by the President under subsection (1) of this section shall become invalid by reason of his death or vacation of office.

10. Duration of appointments.

Every officer shall hold his appointment during the President's pleasure.

11. Resignation.

(1) An officer of the Regular Force or Regular Reserve shall not have the right to resign his commission, but may be allowed by the President to do so.

(2) An officer of the Regular Force or Regular Reserve who tenders the resignation of his commission to the President shall not be relieved of the duties of his appointment until the acceptance of the resignation is notified in the Gazette.

(3) Where an officer of the Volunteer Force or Volunteer Reserve desires to resign his commission on any date, he shall, not less than three months before that date, give the President written notice that he will be resigning his commission on that date.

(4) Where an officer of the Volunteer Force or Volunteer Reserve has, in accordance with subsection (3) of this section, given notice of resignation of his commission, he shall, upon his returning 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 army, be entitled to resign his commission—

(a) if he is not on active service, on the date of resignation specified in such notice, or

(b) if he is on active service, immediately after the termination of such service.

12. Promotion transfer and leave.

The promotion and transfer of, officers and the grant of leave of absence to them shall be in accordance with such regulations as may be made in that behalf.

PART III

Soldiers

13. Enlistment.

(1) The enlistment of persons as soldiers shall be in accordance with the regulations made in that behalf and shall be conducted by recruiting officers appointed by the President.

(2) Every person selected for enlistment as a soldier shall appear before a prescribed officer, sign an attestation paper containing the terms of his enlistment, and take and subscribe the prescribed oath or make and subscribe the prescribed affirmation.

(3) The attestation paper referred to in subsection (2) of this section shall be in the prescribed form.

14. Original enlistment, and re-engagement.

(1) Subject to the provisions of section 20, the enlistment of a person as a shall soldier of the Regular Force shall—

(a) be for the prescribed period which shall be called the period of original enlistment, and

(b) be entirely for service in such force or partly for such service and partly for service in the Regular Reserve.

(2) A soldier may, before the expiry of the period of his original enlistment, be re-engaged for a further period of military service not exceeding the prescribed maximum period of re-engagement.

15. Reckoning and forfeiture of service.

(1) Subject to the provisions of subsection (2) of this section, the service of a soldier of the Regular Force for the purpose private, of discharge or of transfer to the Regular Reserve shall be reckoned from the date of his signing the attestation paper.

(2) Where a soldier has been guilty of the military offence of desertion or of fraudulent enlistment, then either upon his conviction by a Court Martial of such offence, or (if, having confessed such offence, he is liable to be tried by a Court Martial) upon his trial by a Court Martial being dispensed with by order under section 149, the whole of his prior service shall be forfeited, and he shall be liable to serve as a soldier for the period of his original enlistment, reckoned from the date of such conviction or such order dispensing with trial, in like manner as if he had been enlisted on that date:

Provided that all or any part of the service of a soldier forfeited under this subsection may, in accordance with such regulations as may be made in that behalf, be restored to him if he performs good and faithful service or is otherwise deemed to merit the restoration of such service.

16. Promotion, transfer, discharge.

(1) The promotion, transfer, discharge, and dismissal of soldiers, and the grant of leave of absence to them shall be in accordance with the regulations made in that behalf.

(2) Where a soldier of the Volunteer Force or Volunteer Reserve desires to obtain his discharge from 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 20, 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 appointments in his possession as are the property of the army.

17. Reduction to rank of private.

A non-commissioned officer sentenced by a Court Martial to field punishment, imprisonment, or detention shall be deemed to be reduced to the rank of private.

PART IV

Service

18. Employment of Regular Force.

The Regular Force shall at all times be liable to be employed on active service.

19. Employment of Regular Reserve, Volunteer Force and Volunteer Reserve.

(1) Subject to the provisions of subsection (2) of this section, the President may —

(a) for the defence of Sri Lanka in time of war, or

(b) for the prevention or suppression of any rebellion, insurrection or other civil disturbance in Sri Lanka, or

(c) for the performance of such duties as are referred to in section 23,

by Proclamation or, where the circumstances render it impossible to issue a Proclamation, by order call out on active service the whole or any part of all or any of the following units of the army:

Regular Reserve;

Volunteer Force;

Volunteer Reserve.

(2) No member of the Volunteer Force or Volunteer Reserve shall, for the purpose mentioned in paragraph (c) of subsection (1) of this section, be called out on active service unless the Regular Force and the Regular Reserve are considered by the President to be inadequate for that purpose.

(3) If Parliament is sitting at the date of issue of a Proclamation or an order under subsection (1) of this section, the President shall forthwith communicate to Parliament the reason for issuing the Proclamation or order. If Parliament is not then sitting 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.

(4) All officers and soldiers of any such part of the army as is called out on active service under subsection (1) of this section shall be deemed to be on such service until the President terminates such service by Proclamation.

20. Prolongation of service in the army.

Where the time at which a soldier is entitled to be discharged from the army occurs during the period when the whole or any part of the army is on active service, the President may by order prolong the service of that soldier in the army for such period.

21. Relations between military and naval and air forces of Sri Lanka acting together.

(1) Where an officer or a petty or non-commissioned officer of any naval or air force of Sri Lanka is attached to, or is a member of any naval or air force of Sri Lanka which is acting with, any part of the army under such conditions as may be prescribed, then, for the purposes of command and discipline and for the purposes of the provisions of this Act relating to superior officers, he shall, in relation to that part of the army, be treated as, and have all the powers (other than the powers of punishment) vested in, an officer or a non-commissioned officer of the army as the case may be.

(2) Where an officer or a soldier of the army is attached to, or is a member of any part of the army acting with, any naval or air force of Sri Lanka under such conditions as may be prescribed, then, for the purposes of command and discipline and for the purposes of the provisions of this Act relating to superior officers, the officers and the petty or non-commissioned officers of such force shall, in relation to him, be treated as, and have all the powers (other than the powers of punishment) vested in, officers or non-commissioned officers of the army as the case may be.

22. Co-operation with foreign military force.

(1) In time of war, if the whole or any part of the army is required to act in co-operation with any foreign military force in defence of Sri Lanka the President may place the army or such part thereof under the command of the officer commanding such foreign force if that officer is senior in rank to all the officers of the army or of such part thereof.

(2) Where any officer, warrant officer, or non-commissioned officer is acting in co-operation with any foreign military force in defence 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, warrant officer, or non-commissioned officer in relation to a member of such force who is of the same or similar rank.

23. Performance of non-military duties.

(1) If at any time it appears to the of President that any persons have taken or are threatening immediately to take any action of such a nature and on such a scale as to be calculated to deprive the people of Sri Lanka, or a substantial portion of them, of the essentials of life by interfering with the supply and distribution of food, water, fuel, or light, or with the means of transport and communication, the President may order all or any of the members of the Regular Force, and such members of any other unit of the army as are called out on active service under section 19 for the purpose mentioned in paragraph (c) of subsection (1) of that section, to perform such duties of a non-military nature as he may consider necessary for the maintenance of supplies and services essential to the life of the community.

(2) Every officer or soldier of the army shall perform such duties as may be imposed on him by order of the President under subsection (1) of this section.

23A. Performance of certain other duties by members of the Army.

(1) The President may order all or any of the members of the army to , perform such non-military duties as he may consider necessary in the national interest.

(2) The President may order any member of the army to perform escort and guard duties in respect of persons suspected, accused, or convicted of any offence against the State under Chapter VI of the Penal Code.

(3) Every member of the army shall perform such duties as may be imposed on him by Order of the President under subsection (1).

(4) Wherever an Order is made under subsection (1) calling upon any officer of the army to perform civilian administrative duties and wherever an Order is made under subsection (2) the President shall communicate to Parliament such Order in the same manner as under the Public Security Ordinance in the case of a declaration of a state of emergency,

[S 23A ins by s 2 of Act 6 of 1962.]

PART V

Pay, Allowances, Pensions and Gratuities

24. Emoluments of members of the Regular Force and of other members of the army who are on active service.

Every member of the Regular Force and every officer or soldier not belonging to the Regular Force who is on active service shall be entitled to such pay and allowances, and to be quartered in such manner, as may be prescribed.

25. Allowances of officers and soldiers who members of the Regular Force and are not on active service.

Such of the officers and soldiers as are not members of the Regular Force and are not are not on active service shall be entitled to such equipment allowance or other allowance as may be prescribed.

26. Making and remission of deductions.

(1) No penal deduction, other than a penal deduction authorised by this Act, shall be made from the pay or allowance of any officer or soldier.

(2) Any sum authorised by this Act to be deducted from the pay of any officer or soldier may be deducted from his pay or from any sums due to him.

(3) Any deduction authorised by this Act to be made from the pay of any officer or soldier may be remitted in such circumstances and in such manner as may be prescribed.

27. Penal deductions from the pay due to an officer.

The following penal deductions may be made from the pay or allowance due to an officer:

[S 27 am by s 2(1) of Act 32 of 1962.]

(a) all pay in respect of any period during which he is absent without leave, unless an explanation has been given by him through his commanding officer and has been accepted as satisfactory by the Commander of the Army;

(aa) in respect of each month of any period during which he is suspended from the exercise of his office, a part of his pay and allowances for that month as may be prescribed;

[S 27(aa) ins by s 2(2) of Act 32 of 1962.]

(aaa)—

(i) in respect of any period during which he is suspended from the exercise of his office, pending the conclusion of judicial or disciplinary proceedings instituted against him in respect of a prescribed offence, all pay and allowances, and

(ii) in respect of each month of any period during which he is suspended from the exercise of his office pending the conclusion of judicial or disciplinary proceedings instituted against him in respect of any other offence, a part of his pay and allowances for that month as may be prescribed;

[S 27(aaa) ins by s 2 of Act 10 of 1993.]

(b) the sum awarded by the Court Martial by which he is convicted of any offence as the compensation payable by him for any expense, loss, damage or destruction occasioned by the commission of the offence;

(c) the sum required to make good the pay of any other officer or of any soldier which he has unlawfully retained or unlawfully refused to pay;

(d) the sum required to make good such loss, damage, or destruction of public or army property as, after due investigation, appears to the Commander of the Army to have been occasioned by any wrongful act or negligence of the officer;

(e) any sum which he has been ordered by a civil court to pay for the maintenance of his wife or of his legitimate or illegitimate child or children and which he has himself not paid.

28. Penal deductions from the pay due to a soldier.

(1) The following penal deductions may be made from the pay or allowance due to a soldier:

[S 28(1) am by s 3(1) of Act 32 of 1962.]

(a) all pay for every day of absence either on desertion or without leave, or as a prisoner of war if taken prisoner through his neglect or misconduct; for every day of imprisonment to which he is sentenced by a Court Martial or civil court, or, if he is on board a ship of the Republic, by the commanding officer of that ship; for every day of detention to which he is sentenced, or for every day in respect of which field punishment is imposed on him, by a Court Martial or by his commanding officer; and for every day whilst he is in military custody on a charge for an offence of which he is afterwards convicted by a Court Martial or a civil court, or on a charge of absence without leave for which he is afterwards sentenced to detention or subjected to field punishment by his commanding officer;

(aa) in respect of each month of any period during which he is suspended from his duties, a part of his pay and allowances for that month as may be prescribed;

[S 28(1)(aa) ins by s 3(2) of Act 32 of 1962.]

(aaa)—

(i) in respect of any period during which he is suspended from his duties pending the conclusion of judicial or disciplinary proceedings instituted against him in respect of a prescribed offence, all pay and allowances; and

(ii) in respect of each month of any period during which he is suspended from his duties pending the conclusion of judicial or disciplinary proceedings instituted against him in respect of any other offence, a part of his pay and allowances for that month as may be prescribed;

[S 28(1)(aaa) ins by s 3(1) of Act 10 of 1993.]

(b) all pay for every day on which he is in hospital on account of illness certified by the medical officer attending on him at the hospital to have been caused by an offence committed by him;

(c) such sum payable by him by way of compensation for any expense, loss, damage, or destruction occasioned by the commission of any offence as may be determined by the Court Martial by which he is convicted of that offence or by the authority dealing summarily, under section 43, with the charge against him in respect of that offence, or, if he is on board a ship of the Republic, by the commanding officer of that ship, or, where he has confessed the offence and his trial is dispensed with by order under section 149, by that order or by any other order of a competent military authority under that section;

(d) such sum payable by him by way of compensation for any expense caused by him, or for any loss of or damage or destruction done by him to any arms, ammunition, equipment, clothing, instruments, regimental necessaries, or military decorations, or to any buildings or other property, as may be determined by his commanding officer, or by the authority dealing summarily, under section 43 with a charge against him, or, where he elects to be tried by a Court Martial, by that Court Martial, or, if he is on board a ship of the Republic by the commanding officer of that ship;

(e) the share which he, as a member of a unit of the army, is required to contribute towards compensation for any barrack damage which, after due investigation held in the prescribed manner, appears to have been caused by the wilful act or negligence of any unidentifiable person or persons belonging to such unit, during the period while such unit was in occupation of the barracks;

(f) the sum required to pay any fine imposed by a Court Martial or his commanding officer; or any fine, penalty, damages, compensation, or costs which a civil court before which he has been charged with an offence has ordered him to pay; and

(g) any sum which he has been ordered by a civil court to pay for the maintenance of his wife or of his legitimate or illegitimate child or children and which he has himself not paid:

Provided that—

(i) the total amount of such deductions, authorised by paragraphs (a), (aa), (aaa) (ii), (b), (c), (d), (e), (f) and (g) of this subsection, authorised by this subsection as are made from the pay due to a soldier shall not exceed such sum as will leave to him, after paying for his messing and washing, less than ten cents a day, and

[S 28(1)(i) am by s 3(2) of Act 10 of 1993.]

(ii) where a soldier who is sentenced in respect of an offence on active service to forfeit all pay is liable to any other penal deductions from pay, the sentence shall apply only to so much of his pay as remains after those deductions have been made.

(2) For the purposes of paragraph (e) of subsection (1) of this section—

"barrack damage” means damage to or loss or destruction of any premises in which soldiers are quartered or billeted, or any appurtenances, fixtures, furniture or effects therein or appertaining thereto, and

"unit” includes any part of a unit.

29. Pensions and gratuities.

Any officer or soldier, or the widow or any child or other dependent of any officer or soldier, may be paid a pension or gratuity in such circumstances and at such rates as may be prescribed.

30. Assignment, seizure, or sequestration of pay, allowance, pension or gratuity.

(1) Every assignment of and every charge on, and every agreement to assign or charge, any pay or allowance payable to any officer or soldier, or any pension or gratuity payable to any officer or soldier or to the widow or any child or other dependent of any officer or soldier, shall be void unless it is approved by the President or any person thereto authorised by the President.

(2) No pay or allowance payable to any officer or solider, and no pension or gratuity payable to any officer or soldier or to the widow or any child or other dependent of any officer or soldier, nor any part thereof, shall be seized or sequestered under any writ or order issued or made by any civil court.

31. Maintenance of wife and children.

Where a civil court enters a decree or makes an order against a person, who is or subsequently becomes an officer or a soldier, 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 Army may, if a duly certified copy of such decree or order is sent to him, cause to be deducted from the pay of the officer or soldier and to be appropriated towards the payment of that sum such portion of the pay of the officer or soldier as the Commander of the Army may determine, so however that there shall be left to the officer or soldier not less than one-third of his pay.

PART VI

Redress of Grievances

32. Grievances of officers.

Where an officer is aggrieved by any action of, and is unsuccessful in obtaining redress from, his commanding officer, he may make a written appeal for redress to the Commander of the Army, and where he is aggrieved by any action of the Commander of the Army, either in respect of his appeal or in respect of any other matter, he may make a written appeal to the President. An order made by the President on any such appeal shall be final.

33. Grievances of soldiers.

(1) Where a soldier is aggrieved by any action of an officer other than the commanding officer of the corps to which he is attached or by any action of any other soldier, he may make a written appeal for redress to such commanding officer, and where he is aggrieved by any action of such commanding officer, either in respect of his appeal or in respect of any other matter, he may make a written appeal to the Commander of the Army.

(2) Each officer to whom an appeal is made under subsection (1) of this section shall inquire into the appeal, and, if satisfied that the appeal should be allowed, shall grant redress to the appellant. An order made by the Commander of the Army on any appeal made to him under that subsection shall be final.

PART VII

Persons Subject to Military Law

34. Meaning of person subject to military law.

For the purposes of this Act, "person subject to military law” means a person who belongs to any of the following classes of persons:

(a) all officers and soldiers of the Regular Force;

(b) all such officers and soldiers of the Regular Reserve, Volunteer Force, or Volunteer Reserve, as are deemed to be officers and soldiers of the Regular Force under subsection (3) of section 3.

35. Persons liable to military custody.

A person subject to military law who commits any military or civil offence may be taken into military custody.

36. Persons who may order military custody.

(1) A senior officer may order into military custody a junior officer who, being a person subject to military law, commits any military or civil offence, and a junior officer may order into military custody a senior officer who, being a person subject to military law, is engaged in a quarrel, affray or disorder.

(2) Any officer or non-commissioned officer may order into military custody any soldier who, being a person subject to military law, commits any military or civil offence.

(3) An order under subsection (1) or subsection (2) of this section shall be obeyed notwithstanding that the person giving the order and the person in respect of whom the order is given do not belong to the same corps.

37. Custodians.

Any officer or soldier ordered into military custody shall be committed to the custody of a provost marshal or an assistant provost marshal or of the commander of a guard. The person to whose custody any officer or soldier is committed under this section shall not refuse to receive or keep him.

38. Statement of offence.

The person ordering any officer or soldier into military custody shall, within twenty-four hours of the committal of that officer or soldier to such custody, deliver to the person to whose custody that officer or soldier is committed a written and signed statement of the offence with which that officer or soldier is charged.

39. Military custody of officer or soldier not on active service.

Where any officer or soldier not on active service is kept in military custody for on 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 military 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.

40. Commanding officer's powers in regard to an accused.

(1) Where a person subject to military law is taken into military custody, the commanding officer of that person shall without unnecessary delay investigate the charge on which that person is in such custody, and—

(a) if he in his discretion decides that it should not be proceeded with, shall dismiss the charge, and

(b) if he in his discretion decides that the charge should be proceeded with, shall—

(i) take steps for the trial of that person by a Court Martial, or

(ii) where that person is an officer of a rank below that of Lieutenant-Colonel or is a warrant officer, refer the case to be dealt with summarily by the Commander of the Army or by such officer not below the rank of Colonel as may thereto be authorised by the Commander of the Army, or

(iii) where that person is a soldier other than a warrant officer, either deal with the case summarily, or refer the case to be dealt with summarily by the Commander of the Army or by such officer not below the rank of Colonel as may thereto be authorised by the Commander of the Army.

[S 40(1)(b)(iii) subs by s 2 of Act 38 of 1990.]

(2) Subject to the provisions of subsection (3) of this section, where a soldier, other than a warrant officer or noncommissioned officer, is charged with the offence of drunkenness, his commanding officer shall deal with the case summarily unless the offence was committed by him while on active service or on duty, or after he was warned for duty, or unless by reason of the drunkenness he was found unfit for duty, or unless he has been guilty of the offence of drunkenness on four or more occasions in the preceding twelve months.

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