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Section 105 - Application of Naval Discipline Act to Indian Naval Forces in Government of India Act, 1935 [Repealed]

snapp 105 GOIA[ 1935 0 Notes

Application of Naval Discipline Act to Indian Naval Forces.

1[105. Application of Naval Discipline Act to Indian Naval Forces

(1) Without prejudice to the provisions of this Act with respect to the legislative powers of the Federal Legisla- ture, provision may be made by Act of that Legislature for applying the Naval Discipline Act to the Indian naval forces and, so long as provision for that purpose is made either by an Act of the Federal Legislature or by an existing Indian law, the Naval Discipline Act as so applied shall have effect as if references therein to His Majesty's navy and His Majesty's ships included references to His Majesty's Indian navy and the ships thereof, subject however:--

(a) in the application of the said Act to the forces and ships of the Indian navy and to the trial court martial of officers and men belonging thereto, to such modifications and adaptations, if any, as may be, or may have been, made by the Act of the Federal or Indian Legislature to adapt the said Act to the circumstances of India, including such adaptations as may be, or may have been, so made for the purpose of authorising or requiring anything which under the said Act is to be done by or to the Admiralty, or the Secretary of the Admiralty, to be done by or to the Governor-General, or some personauthorised to act on his behalf; and

(b) in the application of the said Act to the forces and ships of His Majesty's navy other than those of the Indian navy, to such modifications and adaptations as may be made, or may have been made under section sixty-six of the Govern- ment of India Act, by His Majesty in Council for the purpose of regulating the relations of those forces and ships to the forces and the ships of the Indian navy.

(2) Notwithstanding anything in this Act or in any Act of any Legislature in India, where any forces and ships of the Indian navy have been placed at the disposal of the Admiralty, the Naval Discipline Act shall have effect as if references therein to His Majesty's navy and his Majesty's ships included references to His Majesty's Indian navy and the ships thereof, without any such modifications or adaptations as aforesaid.

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1. Omitted by the India (Provisional Constitution) Order, 1947.

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