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section 136

Deduction from pay and allowances

The National Security Guard Act, 1986
Defence1986140 sections10 chapters
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Chapter X MISCELLANEOUS

Statutory text
  1. (1) Subject to the provisions of sub-section (4), the following 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 and accepted by the Inspector-General under whom he is for the time being serving, and for every day of imprisonment awarded by a Criminal Court or a Security Guard Court;
    • (b) any sum required to make good the pay of any person subject to this Act which the officer has unlawfully retained or unlawfully refused to pay;
    • (c) any sum required to be paid as fine imposed by a Criminal Court;
    • (d) any sum required to make up any loss, damage or destruction of public property or property belonging to the Security Guard which, after due investigation, appears to the Inspector-General under whom the officer is for the time being serving, to have been occasioned by wrongful act or negligence on the part of the officer;
    • (e) any sum required by an order of the Central Government to be paid for the maintenance of his wife or his legitimate or illegitimate child or step-child or towards the cost of any relief given by the said Government to the said wife or child.
  2. (2) Subject to the provisions of sub-section (4), the following 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 due to him for every day of absence either on desertion or without leave unless a satisfactory explanation has been given and accepted by his Commander and for every day of imprisonment awarded by a Criminal Court, a Security Guard Court or an officer exercising authority under section 51;
    • (b) 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;
    • (c) 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 or any private fund of the Security Guard as may be awarded by his Commander;
    • (d) any sum required to be paid as fine imposed by a Criminal Court;
    • (e) any sum required by an order of the Central Government to be paid for the maintenance of his wife or his legitimate or illegitimate child or step-child or towards the cost of any relief given by the said Government to the said wife or child.
  3. (3) (i) No person shall be treated as absent or under imprisonment for a day unless the absence or imprisonment has lasted, whether wholly in one day or partly in one day and partly in another, for six consecutive hours or upwards.
    • (ii) Any absence or imprisonment for less than a day may be reckoned as absence or imprisonment for a day if such absence or imprisonment prevented the absentee from fulfilling any duty as a member of the Security Guard which was thereby thrown upon some other member.
  4. (4) The total deductions from the pay and allowances of a person made under clauses (b) to (e) of sub-section (1) or clauses (b) to (e) of sub-section (2) shall not, except where he is sentenced to dismissal, exceed in any one month, one-half of his pay and allowances for that month.
  5. (5) 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.
  6. (6) The following shall be the authorities competent to order deductions from pay and allowances under this Act, namely:—
    • (a) Commanders not below the rank of Group Commanders, in the case of persons other than officers;
    • (b) Inspector-General, in the case of officers.
  7. (7) Any authority superior to the one ordering any deduction under this Act shall be competent to remit the whole or part of the said deduction.
  8. (8) Any power conferred by the provisions of this section on an officer may be exercised by an officer or authority superior in command to the first mentioned officer.

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