NAVY

(1) There shall be raised and maintained, in accordance with the provisions of this Act and of the regulations made thereunder, a navy, to be called the Royal Ceylon Navy (and hereinafter referred to as the ” Navy “), not exceeding such strength as may, from time to time, be determined by Parliament.

(2) The Navy shall consist of

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

(2) The Regular Naval Force shall be organized in such manner as may, from time to time, be determined by the Governor-General.

(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 officers 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.

(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 Naval Force.

(3) The Volunteer Naval Force shall be organized in such manner as may, from time to time, be determined by the Governor-General.

(4) Every member of the Ceylon Naval Volunteer Force raised under the Naval Volunteer Ordinance, No. 1 of 1937,* who is not in actual service (within the meaning of that Ordinance) on the day immediately preceding the date on which this Act comes into operation shall be deemed to be a member of the Volunteer Naval Force raised under this Act.

* Repealed by Act No. 34 of 1950

(1) The Governor-General shall appoint a fit and proper person to command the Navy.

(2) The person appointed under subsection (1) shall be designated Captain of the Navy.

(1) All officers other than warrant officers and subordinate officers shall be appointed by commissions under the hand of the Governor-General. An officer so appointed is hereinafter referred to as a ” commissioned officer “.

(2) No commission issued by the Governor-General under subsection (1) shall become invalid by reason of his death or vacation of office.

(1) A commissioned officer of the Regular Naval Force or Regular Naval Reserve shall not have the right to resign his commission, but may be allowed by the Governor-General to do so.

(2) A commissioned officer of the Regular Naval Force or Regular Naval Reserve who tenders the resignation of his commission to the Governor-General shall not be relieved of the duties of his appointment until the acceptance of the resignation is notified in the Gazette.

(3) Where a commissioned officer of the Volunteer Naval Force or Volunteer Naval Reserve desires to resign his commission on any date, he shall, not less than three months before that date, give the Governor-General 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, in accordance with subsection (3), given notice of resignation of his commission, he shall be entitled to resign his commission

(1) The enlistment of persons as seamen shall be in accordance with such regulations as may be made in that behalf under this Act.

(2) Every person selected for enlistment as a seaman shall appear before a prescribed officer and sign an attestation paper containing the terms of his enlistment.

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

(1) Subject to the provisions of section 17, the enlistment of a person as a seaman of the Regular Naval Force shall

(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.

(1) The Governor-General may

(2) If Parliament is sitting at the date of issue of a Proclamation or an order under subsection (1) the Governor-General shall forthwith communicate to Parliament the reason for issuing the Proclamation or order. If Parliament is not then sitting the Governor-General 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 officers 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 the Governor-General terminates such service by Proclamation.

(1) Where an officer or a seaman of the Navy is attached to, or is a member or any part or the Navy acting with, any military or air force of Ceylon under such conditions as may be prescribed, then, 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 the powers (other than powers of punishment) vested in, officers or petty officers of the Navy, as the case may be.

(2) Where an officer or a non-commissioned officer (not below the rank of Sergeant) of the Army or Air Force of Ceylon is attached to, or is a member of any military or air force of Ceylon which is acting with, any part of the Navy under such conditions as may be prescribed, then, 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.

(1) If the whole or any part of the Navy is required to act in co-operation with any foreign naval force, the Governor-General may place the Navy or such part thereof under the command of the officer commanding such foreign naval force if that officer is 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 is acting in co-operation with any foreign naval force in defence of Ceylon, the Governor-General may, in agreement with the Captain 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.

(1) The Governor-General 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 Governor-General under subsection (1).

(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 Naval 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.

(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.

(1) 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 lapse of six months from the date of the commission 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.

(1) The Governor-General, or such officer of a rank not below that of Lieutenant Captain as may be authorized by the Governor-General, may order a court martial to be held.

(2) An officer authorized by the Governor-General 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 Governor-General.

(3) Where an officer authorized by the Governor-General to order courts martial to be held and having the command of a fleet or squadron in foreign parts dies, is recalled, leaves his station, or is removed from his command, the officer for the time being in command of such fleet or squadron shall, without any authorization from the Governor-General, have the same power to order courts martial to be held as the first- mentioned officer was invested with.

(4) An officer authorized by the Governor-General to order courts martial to be held and having the command of a fleet or squadron in foreign parts may in writing authorize

(1) A court martial shall consist of not less than three or more than nine members.

(2) A court martial shall

(3) Where a Captain, lieutenant Captain, or lieutenant is a member of a court martial, the number of members of the court martial shall not exceed five.

(4) No person shall be qualified to be a member of a court martial unless he has attained the age of twenty-one years and is a flag officer, captain, Captain, lieutenant Captain, or lieutenant of the Navy, or an officer of equivalent rank in the Army or Air Force of Ceylon.

(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:

(7) No Captain, lieutenant Captain, 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 Captain, lieutenant Captain, 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.

(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 Captains 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 Captain, unless in addition to the president, two other members of the court martial are of the rank of Captain 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 thereat 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.

(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.

(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 prosecutor 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 constitution of the court martial, and shall give his advice on any matter before the court martial.

(c) He shall take all such action as may be necessary to ensure that the 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.

(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 commencement of his evidence.

(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.

(1) Where the number of members of a court martial after the commencement of the trial of a case is, by death or otherwise, 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.

(a) he has been already acquitted or convicted of that offence by a court martial or by a competent civil court, or

(b) the charge against him in respect of that offence has been dismissed, or he has been dealt with summarily for that offence, by a naval officer exercising judicial powers under this Act.

(1) Where it appears to a court martial that an accused is of unsound mind and consequently incapable of making his defence, 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 Governor-General thereon are obtained or until any earlier time at which he is 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 he was guilty of such act or 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 the Governor-General thereon are obtained.

(3) Where a court martial records an express finding under this section that an accused is of unsound mind, the Governor-General may give orders for the safe custody, during his pleasure, of the accused in such place and in such manner as the Governor-General thinks fit.

(1) At all proceedings before a court martial the prosecution as well as the defence shall be entitled to be represented by counsel.

(2) The following provisions shall have effect with respect to the conduct of counsel appearing on behalf of the prosecution or defence at a court martial;

(1) A person tried by a court inertial 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 it at such rate not exceeding ten cents for every folio of seventy-two words 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 is 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 three 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).

(1) Every flag officer, captain, Captain, 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

(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 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.

(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.

(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

(2) Every person subject to naval law who, while on active service, is absent without leave 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.

(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

(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.

(2) Every person subject to naval law who, not being a ringleader, joins in any mutiny which is not accompanied by violence 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.

(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, 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 endeavours, 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.

(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 less than three 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 he 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 Governor-General, otherwise directs.

(a) being duly summoned to attend as a witness before a court martial or a naval officer exercising judicial powers under this Act, makes 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 observations 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 one month.

(a)releases without proper authority, whether wilfully or otherwise, any person under naval custody who is committed to his charge, or

(b) wilfully 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 wilfully, with rigorous imprisonment for a term not less than three years or any less severe punishment in the scale of punishments, 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.

(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) loses by neglect any such property, or

(c) wilfully injures 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.

(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) knowingly with intent to injure any person or 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 this scale of punishments.

(a) being an officer or a seaman, make; a false accusation against any other officer or seaman, knowing such 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 wilfully 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.

(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) wilfully contravenes any provision of law relating to the enlistment of seamen, 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.

(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 punishments, and

(b) if he has acted negligently, with dismissal with disgrace from the Navy or with any less severe punishment in the scale of punishments.

(a) malingers, or feigns or causes in himself disease or infirmity, or

(b) wilfully 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 unfit for service, or

(c) by wilful misconduct, or by wilful 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 punishments.

(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.

(a) publishes or causes to be published notices or advertisements for the purpose of procuring recruits for the Navy, or 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 the Navy, or

(c) receives any person under any such notice or advertisement as aforesaid, or

(d) directly or indirectly interferes with a duly appointed recruiter in the discharge of his duties,

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.

(a) procures or persuades any officer or seaman to desert or absent himself without leave, or attempts to procure or persuade any officer or seaman to desert or absent himself without leave, or

(b) knowing that an officer or seaman is about to desert or absent himself without leave, aids him in deserting or absenting himself without leave, or

(c) knowing any officer or seaman to be a deserter or absentee without leave, 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.

(a) wilfully obstructs, or impedes, or otherwise interferes with any officer or seaman in the execution of his duties, or

(b) wilfully 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.

(1) Every person, other than a person subject to naval law, who

(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 such 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 or 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 his premises and shall bring the person in whose possession such property is 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.

(a) without lawful authority uses or wears any naval decoration, medal, medal ribbon, badge, wound stripe, or 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, 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 such imprisonment.

(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 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) 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 of 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

(1) Where any person, other than a person subject to naval law, wilfully gives false evidence when examined on oath or affirmation before a 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 of 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 to the Supreme Court, and that court may thereupon deal with that person in like manner as if he had been charged with the offence of contempt committed against the authority of that court.

(1) Every person, other than a person subject to naval law, who conveys or causes to be conveyed into a naval prison or naval 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 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.

(1) Every person subject to naval law who is convicted by a court martial of the offence of treason shall be punished with death.

(2) Every person subject to naval law who is convicted by a court martial of the offence of murder shall be punished 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 punished 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 punished with simple or rigorous imprisonment for a term not exceeding twenty years.

(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 prescribed for such offence by any taw of Ceylon other than this Act.

(a) death;

(b) rigorous imprisonment;

(c) dismissal with disgrace from the Navy;

(d) simple imprisonment;

(e) detention;

(f) dismissal without disgrace from the Navy;

(g) forfeiture of seniority as an officer for a specified time or otherwise;

(h) dismissal from the ship to which the offender belongs; (i) severe reprimand;

(j) reprimand;

(k) disrating subordinate or petty officer;

(l) 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;

(m) such minor punishments as may be prescribed.

(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 present, concur in the sentence.

(b) The sentence of dismissal with disgrace from the Navy shall involve in all cases the forfeiture of all pay, allowances, and other emoluments due, and all medals and decorations granted, to the offender, and an incapacity to serve again in the Navy, Army or Air Force of Ceylon 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 not exceeding fourteen days, the sentence may direct that the punishment shall not be accompanied by stoppage of pay during the term of detention.

(1) Every officer, below the rank of Captain, who is authorized in that behalf by the Governor-General 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 “.

(1) An order of a committing authority shall be a sufficient warrant for the committal of a naval prisoner to prison or detention quarters. 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 to any other prison or detention quarters.

(2) 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.

(3) A naval prisoner whose sentence is remitted may be released by order of the committing authority.

(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 at 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 passed on him.

(1) It shall be lawful for the Minister to set apart any buildings or vessels, or any parts thereof, as naval prisons or naval detention quarters, and any buildings 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 Ceylon in the field.

(1) Save as provided in subsection (2), nothing in this Act shall affect the jurisdiction of a civil court to try and punish any 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.

(a) on an order made in that behalf by a civil court, to surrender to that court any 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.

(1) Such of the provisions of section 42 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 Courts 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.

(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 the 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 or left

(a) has, or has 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, 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.

(1) Where any officer or seaman charged with being a deserter or absentee without leave 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 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.

(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 hereinafter 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, of whom one shall be a Captain 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.

(a) Upon reasonable suspicion that an officer or a seaman is a deserter or an absentee without leave, 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 is brought before a Magistrate’s Court, the court

(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, the court shall send to the Captain 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, 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 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 Captain of the Navy a certificate signed by himself as to the fact, date, and place of the surrender of such officer or seaman.

(1) It shall not be lawful for any person to arrest 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 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, nor unless 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 subsection (I), the court which issued the warrant, process, or writ under which the arrest was made may, on complaint by such officer or seaman or 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 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.

(1) Every assignment of and every charge on, and every agreement to assign or charge, the pay or any allowance or other emoluments of any officer or seaman, shall be void unless it is approved by the Governor-General or any person thereto authorized by the Governor-General.

(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.

(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, 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 Governor-General 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 court martial or to the Governor-General 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 Governor-General,

(3) Where it appears to the court martial mentioned in subsection (1) or to the Governor-General, 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 Governor-General may, on the application of that person and on the restitution of such property to the owner thereof, order that out of the money, if any, found in the possession of the offender, 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.

(1) The Minister may by Order published in the Gazette declare that, with effect from such date as may be specified in the Order, any provision of written law (other than this Act and the regulations made thereunder) which is generally or specially mentioned in the Order and which relates to ports or to persons, vessels or other property in ports or to 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

(2) Every Order made by the Minister under subsection (I) shall have the force of law.

(1) The Minister may make regulations, not inconsistent with this Act, prescribing all matters which by this 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:

(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 published 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 Parliament by motion that such regulation shall be approved.

(6) Any regulation which Parliament refuses to approve shall be deemed to be rescinded but without prejudice to the validity of anything previously done thereunder or to the making of any new regulation. The date on which a regulation shall be so deemed to be rescinded shall be the date on which 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 published in the Gazette.