90. Deductions from pay and allowances of officers.—The following penal deductions may be
made from the pay and allowances of an officer, that is to say,—
(a) all pay and allowances due to an officer for every day he absents himself without leave, unless
a satisfactory explanation has been given to his commanding officer and has been approved by the
Central Government;
(b) all pay and allowances for every day while he is in custody or under suspension from duty on
a charge for an offence for which he is afterwards convicted by a criminal court or a court-martial or
by an officer exercising authority under section 83 or section 84;
(c) any sum required to make good the pay of any person subject to this Act which he has
unlawfully retained or unlawfully refused to pay;
(d) any sum required to make good such compensation for any expenses, loss, damage or
destruction occasioned by the commission of an offence as may be determined by the court-martial by
whom he is convicted of such offence, or by an officer exercising authority under section 83 or
section 84;
(e) all pay and allowances ordered by a court-martial 2* * * to be forfeited or stopped;
1. Subs. by Act 19 of 1955, s. 2 and the Schedule, for the “Commander-in-Chief”.
2. The words and figures “or an officer exercising authority under section 85” omitted by Act 37 of 1992, s. 7.
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(f) any sum required to pay a fine awarded by a criminal court or a court-martial exercising
jurisdiction under section 69;
(g) any sum required to make good any loss, damage, or destruction of public or regimental
property which, after due investigation, appears to the Central Government to have been occasioned
by the wrongful act or negligence on the part of the officer;
(h) all pay and allowances forfeited by order of the Central Government if the officer is found by
a court of inquiry constituted by 1
[the Chief of the Army Staff ] in this behalf, to have deserted to the
enemy, or while in enemy hands, to have served with, or under the orders of, the enemy, or in any
manner to have aided the enemy, or to have allowed himself to be taken prisoner by the enemy,
through want of due precaution or through disobedience of orders or wilful neglect of duty, or having
been taken prisoner by the enemy, to have failed to rejoin his service when it was possible to do so;
(i) any sum required by order of the Central Government 2
[or any prescribed officers] to be paid
for the maintenance of his wife or his legitimate or illegitimate child or towards the cost of any relief
given by the said Government to the said wife or child.
91. Deductions from pay and allowances of persons other than officers.—Subject to the
provisions of section 94 the following penal deductions may be made from the pay and allowances of a
person subject to this Act other than an officer, that is to say,—
(a) all pay and allowances for every day of absence either on desertion or without leave, or as a
prisoner of war, and for every day of transportation or imprisonment awarded by a criminal court, a
court-martial or an officer exercising authority under section 80, 3***;
(b) all pay and allowances for every day while he is in custody on a charge for an offence of
which he is afterwards convicted by a criminal court or a court-martial, or on a charge of absence
without leave for which he is afterwards awarded imprisonment 4*** by an officer exercising
authority under section 80;
(c) all pay and allowances for every day on which he is in hospital on account of sickness
certified by the medical officer attending on him to have been caused by an offence under this Act
committed by him;
(d) for every day on which he is in hospital on account of sickness certified by the medical officer
attending on him to have been caused by his own misconduct or imprudence, such sum as may be
specified by order of the Central Government or such officer as may be specified by that
Government;
(e) all pay and allowances ordered by a court-martial or by an officer exercising authority under
any of the sections 80, 83, 84 and 85, to be forfeited or stopped;
(f) all pay and allowances for every day between his being recovered from the enemy and his
dismissal from the service in consequence of his conduct when being taken prisoner by, or while in
the hands of, the enemy;
(g) any sum required to make good such compensation for any expenses, loss, damage or
destruction caused by him to the Central Government or to any building or property as may be
awarded by his commanding officer;
(h) any sum required to, pay a fine awarded by a criminal court, a court-martial exercising
jurisdiction under section 69, or an officer exercising authority under any of the sections 80 and 89;
1. Subs. by Act 19 of 1955, s. 2 and the Schedule, for “the Commander- in-Chief”.
2. Ins. by Act 37 of 1992, s. 7.
3. Certain words omitted by s. 8, ibid.
4. The words “the field punishment” omitted by s. 8, ibid.
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(i) any sum required by order of the Central Government or any prescribed officer to be paid for
the maintenance of his wife or his legitimate or illegitimate child or towards the cost of any relief
given by the said Government to the said wife or child.
92. Computation of time of absence or custody.—For the purposes of clauses (a) and (b) of
section 91,—
(a) no person shall be treated as absent or in custody for a day unless the absence or custody has
lasted, whether wholly in one day, or partly in one day and partly in another, for six consecutive hours
or upwards;
(b) any absence or custody for less than a day may be reckoned as absence or custody for a day if
such absence or custody prevented the absentee from fulfilling any military duty which was thereby
thrown upon some other person;
(c) absence or custody for twelve consecutive hours or upwards may be reckoned as absence or
custody for the whole of each day during any portion of which the person was absent or in custody;
(d) a period of absence, or imprisonment, which commences before, and ends after, midnight may
be reckoned as a day.
93. Pay and allowances during trial.—In the case of any person subject to this Act who is in
custody or under suspension from duty on a charge for an offence, the prescribed officer may direct that
the whole or any part of the pay and allowances of such person shall be withheld, pending the result of his
trial on the charge against him, in order to give effect to the provisions of clause (b) of sections 90 and 91.
94. Limit of certain deductions.—The total deductions from the pay and allowances of a person
made under clauses (e), (g) to (i) of section 91 shall not, except where he is sentenced to dismissal, exceed
in any one month one-half of his pay and allowances for that month.
95. Deduction from public money due to a person.—Any sum authorised by this Act to be
deducted from the pay and allowances of any person may, without prejudice to any other mode of
recovering the same, be deducted from any public money due to him other than a pension.
96. Pay and allowances of prisoner of war during inquiry into his conduct.—Where the conduct
of any person subject to this Act when being taken prisoner by, or while in the hands of, the enemy, is to
be inquired into under this Act or any other law, 1
[the Chief of the Army Staff] or any officer authorised
by him may order that the whole or any part of the pay and allowances of such person shall be withheld
pending the result of such inquiry.
97. Remission of deductions.—Any deduction from pay and allowances authorised by this Act may
be remitted in such manner and to such extent, and by such authority, as may from time to time be
prescribed.
98. Provision for dependants of prisoner of war from remitted deductions.—In the case of all
persons subject to this Act, being prisoners of war, whose pay and allowances have been forfeited under
clause (h) of section 90 or clause (a) of section 91, but in respect of whom a remission has been made
under section 97, it shall be lawful for proper provision to be made by the prescribed authorities out of
such pay and allowances for any dependants of such persons, and any such remission shall in that case be
deemed to apply only to the balance thereafter remaining of such pay and allowances.
99. Provision for dependants of prisoner of war from his pay and allowances.—It shall be lawful
for proper provision to be made by the prescribed authorities for any dependants of any person subject to
this Act who is a prisoner of war or is missing, out of his pay and allowances.
100. Period during which a person is deemed to be a prisoner of war.—For the purposes of
sections 98 and 99, a person shall be deemed to continue to be a prisoner of war until the conclusion of
1. Subs. by Act 19 of 1955, s. 2 and the Schedule, for “the Commander-in-Chief”.
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any inquiry into his conduct such as is referred to in section 96, and if he is cashiered or dismissed from
the service in consequence of such conduct, until the date of such cashiering or dismissal.