So What Documents Did the Pay Commissions read or rely on?

There was no response to my online RTI request No. DOEXP/R/2016/50235 for the Old Pension Code 1947. I filed a First Appeal DOEXP/A/2016/60033 requesting orders to the CPIO to release the information.

Almost at the same time I filed online RTI request No. DOEXP/R/2016/50236 requesting for a copy of the Post War Pay Code 1953. Again, because the CPIO did not respond, I filed a First Appeal No. DOEXP/A/2016/60037.

I received a call from Shri Amar Nath Singh, Deputy Secretary and Appellate Authority, Deptt of Expenditure, which services (provides administrative facilities) the Pay Commissions that his Deptt does not have copies of the documents requested for.

I filed an online RTI request with National Archives and drew a blank.


So what documents did the successive Pay Commissions rely on to preface their chapters on Pay, Allowances and Pensions for Armed Forces?

Anybody has a copy? Please share with me. I will bear the cost of photocopying, packing and courier/speed post.

Jai Hind      

P.S:   I am still deciding whether to file an online RTI request for a copy of the Armed Forces Pension Review Committee that preceded the 3rd CPC. 

It might confirm the Report of the 3rd CPC (Chapter 53, Paragraph 38) that pensions of Other Ranks were never 70% of last pay drawn at any time. Then what happens to all those rumours, and the rumour-mongers ? 

(3rd CPC report relevant to Armed Forces is elsewhere in the posts on this blog.)

The Pranab Mukherjee Committee Report - the saga continues

Online RTI Request Form Details

RTI Request Details:-

RTI Request Registration number MODEF/R/2016/51506 dated 13/06/2016

Public Authority Department of Defence

-------

Request Details :-

Citizenship Indian

Is the Requester Below Poverty Line? No

(Description of Information sought (upto 500 characters)

Description of Information Sought

Sir,

In the comments provided by MoD (D-PCC) to 7th CPC, in Cabinet Secretary Committee Reports 2009 and 2012 etc, the Pranab Mukherjee Committee report has been quoted as the basis for decisions.

Please provide information as defined in Sec 2 (f) of the RTI Act 2005 on the file notings and deliberations, discussions in meetings and a copy of the Pranab Mukherjee Committee report so that the information could be linked by this applicant.

Online RTI Appeal Form Details

RTI Appeal Details:-

RTI Appeal Registration number MODEF/A/2016/60561

Public Authority Department of Defence

Personal Details of Appellant:-

Request Registration Number MODEF/R/2016/51506

Request Registration Date 20/05/2016

Appeal Details :-

Citizenship Indian

Is the Requester Below Poverty Line ? No

Ground For Appeal No Response Within the Time Limit

CPIO of Public Authority approached Details not provided

CPIO's Order/Decision Number Details not provided

CPIO's Order/Decision Date

(Description of Information sought (upto 500 characters)

Prayer or Relief Sought

I file this First Appeal as I am aggrieved that the CPIO has neither replied not provided information related to my request for a copy of the Pranab Mukherjee Committee Report that has been quoted numerous times in the Cabinet Secretary Committee Reports 2009 and 2012 related to anomalies of

Pay, Allowances and Pensions of Defence Forces personnel.

RTI Matter

Time Bound

Ministry of External Affairs

(RTI Cell)

2021- A Wing,

Jawaharlal Nehru Bhawan,

D-23, Janpath, New Delhi – 110 011

No. RTI/551/1679/2016                                     Dated: 14/10/2016

Office Memorandum

Subject: - Information sought under Right to Information Act-2005 – regarding

          Please refer to your OM No. 35(1)/2015/D (Pay/Services) dated 12/09/2016 regarding RTI application of Shri S Y Savur.

2.      Since the subject matter of the application pertains to the Ministry of Defence and no papers/files on the subject are available with the office of Minister of External Affairs, the RTI application is being transferred to Ministry of Defence for appropriate response to the applicant.

Sd/---------------

(Mukesh Kumar Ambasta)

Under Secretary (RTI)

Tel: 4901 5226/49015227

Encl…as above

To: -

Shri Prashant Rastogi,

Under Secretary & CPIO

D (Pay/Ser)

Ministry of Defence

South Block, New Delhi

Tel; 23012739

Copy for information to: - Shri S Y Savur – you are requested to contact the above mentioned CPIO for any information in the matter.

                                           *            *        *        *

Government of India

Ministry of Defence

No. 35 (1)/2015/D (Pay/Services)           New Delhi, the 13^th January 2017

ORDER

 Subject: Appeal under RTI Act 2005 filed by Shri S Y Savur

          Reference is invited to the appeal No. FA/RTI/PMCR/2016 dated 15.12.2016 (received on 20.12.2016) filed by Shri S Y Savur seeking copy of Pranab Mukherjee Committee Report.

2.      I have considered the aforesaid appeal on the basis of the facts submitted by the appellant and the comments furnished by the CPIO, D (Pay/Services), MoD.

3.       The Pranab Mukherjee Committee Report is marked as Confidential and the custodian of the original report is Ministry of External Affairs. D (Pay/Services) section is not the custodian of the original record. The decision whether to share ‘confidential’ document can be taken by the custodian of the original report. CPIO, D (Pay/Services) cannot therefore furnish the requested information.  

4.                The appeal is accordingly disposed off. I have directed CPIO, D (Pay/Services) to transfer your application to Ministry of External Affairs to consider your request for information.

Sd/----------13/1

(Preet Pal Singh)

Director (AG-I) & Appellate Authority

Copy of this order be supplied to: - Shri S Y Savur, 141, Jal Vayu Towers, NGEF Layout, Indira Nagar (PO), Bangalore – 560038

*        *        *        *        *

RTI Matter

No. 35 (1)/2015/D (Pay/Services)

Government of India

Ministry of Defence

New Delhi, the 13^th January, 2017

          Subject: Seeking information under RTI Act -2005

          Reference MEA (RTI Cell) OM No. RTI/551/1679/2016 dated 14.10.2016 on the above subject.

2.      The applicant has sought copy of notings/report of Pranab Mukherjee Committee. In this connection as earlier stated vide MoD OM of even number dated 12.9.2016 a three member Ministerial Group (comprising Shri Pranab Mukherjee the then Minster of External Affairs, Shri A K Antony, Raksha Mantri and Shri P Chidambaram, Home Minister) was formed to look into issues relating to pay/pension grievances. The recommendations of the said committee was submitted by the then Minister of External Affairs (Shri Pranab Mukherjee) to the Hon’ble Prime Minister, vide their letter No. 1387/EAM/2008 dated 19 December 2008.    

3.       Now Shri S Y Savur vide his appeal dated 15.12.2016 has sought copy of the above said Report. The Pranab Mukherjee Committee Report is marked as Confidential and the custodian of the original report is Ministry of External Affairs. D (Pay/Services) section is not the custodian of original record. The decision whether to share ‘confidential’ document can be taken by the custodian of the original report. CPIO, D (Pay/Services) cannot therefore furnish the requested information. A copy of the reply to the appellant on appeal dated 13.1.2017 is enclosed for information. 

4.      As directed, the appeal dated 15.12.2016 alongwith application dated 20.5.2016 is again transferred to CPIO, Ministry of External Affairs as per provisions under Secrion 6 (3) of RTI Act 2005 for taking appropriate action at their end and to provide the requisite information to the applicant directly.

Sd/---------

                                                                                                                   13.1.17

(Prashant Rastogi)

Under Secretary & CPIO

CPIO, RTI Cell,

Ministry of External Affairs,

Jawaharlal Nehru Bhawan,

D-23, Janpath, New Delhi – 110011

Encl: as above

Copy for information to: - Shri S Y Savur, 141 Jal Vayu Towers, NGEF Layout, Indira Nagar (PO), Bengaluru – 560038

*        *        *        *        *

RTI Matter

Time Bound

Ministry of External Affairs

(RTI Cell)

2021- A Wing,

Jawaharlal Nehru Bhawan,

D-23, Janpath, New Delhi – 110 011

No. RTI/551/1679/2016                                   Dated: 26/04/2017

Office Memorandum

          Please refer to Ministry of Defence’s OM No. 35 (1)/2015/D (Pay/Services) dated 13/01/2017 regarding RTI application of Shri S Y Savur.

2.      Office of the External Affairs Minister has informed vide its letter No. 9912/EM/2016 dated 30/09/2016 that no papers regarding Pranab Mukherjee Committee is available with them. As Ministry of Defence has conveyed that the report of the committee was submitted to PMO by te then External Affairs Minister vide letter No. 1387/EAM/2008 dated 19/12/2008 the application is being transferred to PMO under Section 6 (3) of RTI Act for taking appropriate action in the matter.

Sd/---------------

(Mukesh Kumar Ambasta)

Under Secretary (RTI)

Tel: 4901 5226/49015227

Encl…as above

To: -

Shri Subrata Hazra,

US (RTI) & CPIO,

Prime Minister’s Office,

South Block, New Dlhi – 110011

Telephone: 011-23382590

Email: rti-pmo.applications@gov.in

Copy for information to: -

1. Shri Prashant Rastogu, US &CPIO, Ministry of Defence, South Block, New Delhi

2.      Shri S Y Savur, 141 Jal Vayu Towers, NGEF Layout, Indira Nagar PO, Bengaluru - 560038

3.       Shri Sunil Kumar Sharma, US (EAMO), Room No. 167, South Block, New Delhi.

*        *        *        *        *

 

As we prepare to celebrate

Distance between Words and Deeds

Preface

1.       Soon there will be celebrations of three years of governance. There will be a flood of text messages and WhatsApp messages. Full page advertisements will adorn the front pages of the daily newspaper listing the achievements. But for an objective SWOT analysis, one hopes the script writer will consider the plight of the Armed Forces – especially those in service and at risk of losing limb and life in the next moment, and the widows/widowers whose husbands/wives lost their lives for India, those who have lost limb(s) under the cloud of decreased slab-rate benefits for their disabilities, and the living Veterans whose hope for equity and justice to be compensated as much if not more than their civilian counterparts is fading in the twilight of their lives.

 

Matching the Words with the Deeds

2.      ‘Atrocious!’ repeated the honourable Union Minister in his objections to the comparison of deaths of 40 Indian citizens standing in queues to exchange their hard earned old high denomination (OHD) notes with the death of 19 Indian Army’s soldiers, killed by terrorists’ bullets. May be the speech writer did not do her/his research properly for then she/he would have found some bitter truths.

3.       For the first time in the history of 70 years of India’s independence, both serving and retired Central Govt’s civilian employees have enjoyed increased (2.57 times) salaries, pension, and arrears for the past many months more than the serving personnel of the Armed Forces. The Finance Minister’s statement that long queues in front of ATMs and Banks are because the arrears of the Seventh Pay Commission are being encashed is proof, if one was needed!

4.      Again, for the first time in 70 years after independence, the Indian Armed Forces have politely requested permission of the Govt not to implement Govt’s orders dated 5^th September 2016 in respect of pay and disability benefits. The polite request is to a Govt that extols every soldier’s death and sacrifice but does nothing about honouring its promises to them..                

5.       Once again, for the first time in 70 years after independence, the Govt has approved “the payment of arrears on an ad-hoc basis, @ 10% of existing Basic Pay plus Dearness Allowance@ 125%” because the Indian Armed Forces have stood firm that the Seventh Pay Commission has adulterated the genuine entitlements of the Indian Armed Forces.

6.      MoD’s reply dated 2^nd January 2017 to MODEF/R/2016/53600 is proof, if proof was needed as follows: -

-3-

Ministry of Defence

          The foregoing notes may please be perused. This note is in response to DO letter received from AG, Lt Gen Rakesh Sharma (page 3-5/c). The proposal at para 4 (a), (b) and (c) on pre-page is put up for RM’s orders.

2.      In this context, it may be recalled that the Services had put off the implementation of the resolution dated 5^th September 2016 of the Ministry of Defence relating to the implementation of the recommendations of the 7^th CPC as applicable to Defence Services. Subsequently, a direction was issued asking all the three Services to implement the orders forthwith without waiting for their grievances to be redressed. Now, the Army has asked for payment of interim award at the rates mentioned in para 1 at 1/N saying that the issue of the relevant orders fixing pay of the officers and Service personnel will take time. While this is acceptable because of the forthcoming festive season, the flip side is that the Services may defer the actual implementation of the 7^th CPC recommendations after releasing the interim relief on the plea that the grievances are awaiting redressal. The letter of AG mentions this at para 4 (F/X). This is not acceptable in view of RM’s clear directions. Fixation of the pay has to be done forthwith and it should not be held up till the Government addressed the grievances as this is likely to take quite some time. In view of these, we may communicate the proposal at para 4 (a), (b) & (c) (emphasis supplied). 

3.                 For approval please.

Sd/--------------

(G Mohan Kumar)

Defence Secretary

30.09.2016

RM   Sd/-----30/09

Def Sec       DO issued  Sd/--------- 1/10

Wasn’t this information provided to the Honourable Minister so that Armed Forces did not find it incredulous when he proclaimed the virtues of the Armed Forces?

7.       Orders for payment of salaries of the 7^th CPC scale for serving Indian Armed Forces personnel were issued on 3^rd May 2017. But the MoD replied on 12^th April 2017 to MODEF/R/2017/50746 dated 20^th March 2017 for copy of file notings leading to Resolutions 1 (E) and 2 (E) for which Rs 70/- had been paid for in these words, “…..because the information can be used to create dissatisfaction/unrest in Defence Forces, which will prejudicially affect the security of the country. The information, can, therefore, not be furnished as provided under Section 8 1 (a) of the RTI Act, 2005. However, the matter regarding returning the amount of Rs 70/- deposited earlier as the cost of photocopy charges, is separately being taken up with Cash section of MoD” (emphasis supplied). 

8.      Why the dissonance between what the Govt says about Indian Armed Forces and what the Govt does for them? Here are just 5 instances of many.

(a)     Instance No. 1: - Govt’s orders of 2008 on pay for Indian Armed Forces personnel state that Military Service Pay (MSP) is to be added to Pay in the Pay Band (or Basic Pay) and Grade Pay including for calculating pension for all purposes  except for calculating annual increments and determining status. The Seventh Pay Commission decided not to include MSP even for calculating the entry (Basic) pay from Sepoys to Brigadiers.

The Govt, despite praises for the sacrifices of the Indian Armed Forces every time a soldier dies, did not question non-inclusion of MSP for calculating the new Entry (Basic) Pay. Therefore, without MSP being added to calculate the new Entry (Basic) Pay, Govt’s orders of 5^th Sep 2016 will result in a loss of approximately Rs 9000/- per month for Sepoys (and equivalents), which increases to a loss of Rs 21000/- per month for Brig (and equivalents).  

(b)     Instance No. 2: - Seventh Pay Commission recommended, and the ECoS concurred with lower slab rates of disability benefits for Indian Armed Forces. The Govt has issued orders without questioning the ECoS. The ECoS, living in the comfortable, air conditioned environs of North and South Blocks, appear unaware of disabilities due to adverse elements - the biting cold of Siachen, injuries due to the misfiring/jamming INSAS rifles, explosions of bombs and ammunition because of faulty design coupled with delays by the Govt in taking remedial action, partial deafness due to the noise levels in the cockpits of An-32 aircraft and helicopters et al. Thankfully, the Govt has had second thoughts in May 2017 and changed disability benefits for Armed Forces to the prevailing percentage basis.      

(c)     Instance No. 3: - Seventh Pay Commission has recommended that Indian Armed Forces officers be paid Rs 31500 per month and JCOs/ORs Rs 21000 as Hazard Allowance of the highest degree for serving in Siachen. On the other hand, the Pay Commission recommended that All India Services officers (which comprise IAS, IFS, IFoS, and IPS officers) be paid an additional 30% of their Basic Pay as an additional incentive to serve in Northeast states, Ladakh! Aren’t they All India Services? Aren’t North-eastern States and Ladakh in India?  

(d)     Instance No. 4: - a One Man Judicial Committee (OMJC) was formed to adjudicate on OROP. MoD asked Veterans to make representations through the MoD, the administrative Ministry for the OMJC. Natural justice is denied because MoD knows the Veterans representation but Veterans know nothing of the MoD’s rationale on the same issues. The results of the OMJC may not surprise 18 lakh ESM and widows, if and when it is announced.  

(e)    Instance No. 5: - Non-Functional (Financial) Upgradation (NFU) was paid to almost all Group A Central Services on the basis that should an IAS officer who is 2 years junior be deputed to the Centre have a higher Grade Pay and scale, all (repeat) all Group A officers who are two years senior to the IAS officer will be granted NFU. When the Armed Force tribunal awarded NFU to the Armed Forces, the Govt has gone in appeal about the sweeping powers assumed by the AFT. Who questioned the sweeping powers assumed by the DoPT to award NFU to every one else?    

9.      The list of woes of Indian Armed Forces personnel are mis-treated is longer, but forthcoming occasion of the Govt’s gaiety prevents listing all of them.

10.     A wise old man said, “Every society is judged by how it treats its least fortunate amongst them.” Sadly, the Indian Armed Forces appear to be the least fortunate! 

   

11.     Please join me in praying for Indian Armed Forces that they may continue to defend our country, never mind the mendacity of the bureaucrats, the lip service of the Govts of the day, and the bullets of the terrorists.

[Don’t worry about one’s religious belief or if one is an atheist or agnostic. Just pray and hope for the best for this phase too shall pass.]  

   

Satyam Ev Jayate

Jai Hind 

Curiouser and Curiouser (said Alice)

Alice (in Wonderland) used the words, “curiouser and curiouser” to describe the situation that prevails in the MoD.

When I requested for file notings leading to Resolution 1 (E) and 2 (E) in September 2016 (MODEF/R/2016/52749), I was asked to remit Rs 70/- for photocopies if 35 pages of information. In December I was informed that the file is in circulation regarding another matter, and I would be provided the information as soon as the file returns to the section.

When the information on file notings paid for did not arrive, another request was filed (MODEF/R/2017/50746) to which the following reply was received: -

No. 35 (1)/2015/D (Pay/Services)

Government of India

Ministry of Defence

New Delhi, the 12^th April, 2017

To

          Shri S Y Savur,

141, Jal Vayu Towers,

NGEF Layout,

Indira Nagar (PO),

Bangalore – 560038

Subject: Seeking information under RTI Act – 2005

Sir,

          Reference is invited to your on-line RTI application dated 20.3.2017 (Regn No. MODEF/R/2017/50746) and this Ministry’s ID Note of even number dated 16^th December 2016 on the above subject.

2.      The matter has been re-examined and it is stated that the information/notings in the MoD file on pay and allowances of the Armed Forces cannot be provided because the information can be used to create dissatisfaction/unrest in Defence Forces (emphasis supplied), which will prejudicially affect the security of the country. The information, can, therefore, not be furnished as provided under Section 8 1 (a) of the RTI Act, 2005. However, the matter regarding returning the amount of Rs 70/0 deposited earlier as the cost of photocopy charges, is separately being taken up with Cash section of MoD.

3.       The Appellate Authority is Ms Manisha Bhatnagar, Deputy Secretary (AG-I), Ministry of Defence, Room No. 102, Sena Bhawan, New Delhi.          

Yours faithfully,

Sd/------------- 12/4/17

(Prashant Rastogi)

Under Secretary & CPIO

A complaint has been filed under Section 18 (1) (b) and (f) of the RTI Act, 2005 with the Central Information Commission on 9^th May 2017 against the CPIO & Under Secretary. It has been highlighted that every one except the Dept of Pay/Services appears to know that the Armed Forces are dissatisfied but their patriotism, their loyalty to India, and military discipline is making them suffer deaths, critical injuries, undertake surgical strikes and anti-terrorist operations.

A reply to another request for information (MODEF/R/2016/53600) for file notings that led to issue of the letter sanctioning one time ad hoc relief and pay arrears, has been annexed to the complaint. The revelation of dissatisfaction in the Services is evident from the file notings and the portion reproduced below: -

-3-

Ministry of Defence

          The foregoing notes may please be perused. This note is in response to DO letter received from AG, Lt Gen Rakesh Sharma (page 3-5/c). The proposal at para 4 (a), (b) and (c) on pre-page is put up for RM’s orders.

2.      In this context, it may be recalled that the Services had put off the implementation of the resolution dated 5^th September 2016 of the Ministry of Defence relating to the implementation of the recommendations of the 7^th CPC as applicable to Defence Services. Subsequently, a direction was issued asking all the three Services to implement the orders forthwith without waiting for their grievances to be redressed. Now, the Army has asked for payment of interim award at the rates mentioned in para 1 at 1/N saying that the issue of the relevant orders fixing pay of the officers and Service personnel will take time. While this is acceptable because of the forthcoming festive season, the flip side is that the Services may defer the actual implementation of the 7^th CPC recommendations after releasing the interim relief on the plea that the grievances are awaiting redressal. The letter of AG mentions this at para 4 (F/X). This is not acceptable in view of RM’s clear directions. Fixation of the pay has to be done forthwith and it should not be held up till the Government addressed the grievances as this is likely to take quite some time (emphasis supplied). In view of these, we may communicate the proposal at para 4 (a), (b) & (c). 

3.                 For approval please.

Sd/--------------

(G Mohan Kumar)

Defence Secretary

30.09.2016

RM   Sd/-----30/09

Def Sec       DO issued  Sd/--------- 1/10

 

-4-

Reference Notes from page 3/n

          The subject matter is regarding a reference received from Lt Gen Rakesh Sharma’s letter to Defence Secretary requesting for payment of an Interim Relief (@ 10% of the existing pay and on DA @ 125%) along with the arrears on adhoc basis, on the grounds that process to issue Special Army/Navy/Air Force instructions for implementing the Government award is time consuming.

Hon’ble Raksha Mantri has give in-principle approval to the Services’ proposal for payment of interim relief on pay along with arrears to pass the benefit of 7^th CPC award to Defence Personnel as soon as possible, keeping in view that the issue of Special Army/Navy/Air Force instructions may take some time. However, the views of the Hon’ble RM has been conveyed to Air Chief Marshal vide DO dated 30-9-2016 from the Defence Secretary, that the three Services HQ must prepare the draft SAI/SNI/SAFI strictly as per the Resolution dated 5^th September 2016 issued by the Ministry, as early as possible. Hon’ble RM further directed that while sending the detailed proposal for payment of interim relief, the time required to prepare and furnish SAI/SNI/SAFI to the Ministry may also be intimated (emphasis supplied).   

          In response to the above mentioned DO dated 30-9-2016, we have now received the DGL for payment of interim relief @ 10% of existing Basic Pay plus Dearness Allowance (DA @125%) along with arrears. The adhoc payment is proposed to be paid only to those personnel who were in service as on 1-1-2016 and continue to be in service and the amount so paid will be adjusted against the final computation of arrears on the revised pay scales. The pay being drawn as on 1-1-2016 will be reckoned for calculating the arrears.

          In view of the above, we may recommend the proposal to the Defence (Finance) (AG/PA) for their concurrence and countersignature of the draft DGL which is placed opposite. JS (E) may kindly approve before the file is sent to Defence (Finance).

Sd/---------

(Laxmi)

5/10/16

SO (P/S)

US (P/S) on leave

Dir (AG-I)  Sd/--------5/x

JS (E) Sd/------------5/10/16

Dir (AG-I)5/x

AFA (AG/PA)     Sd/---------6/10/16

Now, the case of the (7^th CPC) Pay Rules for Army and Air Force but Pay Regulations for the Navy.

If one goes to the MoD website (Dept of Defence, then Employees Corner), one sees Army Pay Rules 2017 (for Officers and Other Ranks separately) and Air Force Pay Rules 2017 (for Officers and Other Ranks separately) enacted under Section 309 of the Constitution of India, whereas the Navy Pay Regulations 2017 (emphasis supplied) is enacted under Section 184 of the Navy Act 1957.

A walk though the Army Act 1950 and the Air Force Act 1950 (www.mod.nic.in/writereaddata/TheArmyAct1950.pdf  & http://www.lawzonline.com/bareacts/air-force-act/air-force-act.html  respectively) shows that there are similar Sections in both the Acts of Parliament but they have not been used.

Here is a table for those who want details: -

Army Act 1950	Navy Act 1957	Air Force Act 1950
Section 191. Power to make rules. (1) The Central Government may make rules for the purpose of carrying into effect the provisions of this Act. (2) Without prejudice to the generality of the power conferred by sub- section (1), the rules made thereunder may provide for- (a) the removal, retirement, release or discharge from the service of persons subject to this Act; (b) the amount and incidence of fines to be imposed under section 89; (c) omitted by Act 37 of 1992, s. 18. (d) the assembly and procedure of courts of inquiry, the recording of summaries of evidence and the administration of oaths or affirmations by such courts; (e) the convening and constituting of courts- martial and the appointment of prosecutors at trials by courts- martial; (f) the adjournment, dissolution and sitting of courts- martial; (g) the procedure to be observed in trials by courts- martial and the appearance of legal practitioners thereat; (h) the confirmation, revision and annulment of, and petitions against, the findings and sentences of courts- martial; (i) the carrying into effect of sentences of courts- martial; (j) the forms of orders to be made under the provisions of this Act relating to courts- martial, transportation and imprisonment; (k) the constitution of authorities to decide for what persons, to what amounts and in what manner, provision should be made for dependants under section 99, and the due carrying out of such decisions; (l) the relative rank of the officers, junior commissioned officers, warrant officers, petty officers and non- commissioned officers of the regular Army, Navy and Air Force when acting together; (m) any other matter directed by this Act to be prescribed.	No Section for Power to make Rules	Section 189. Power to make rules. – (1) The Central Government may make rules for the purpose of carrying into effect the provisions of this act. (2) Without prejudice to the generality of the power conferred by sub-section (1), the rules made thereunder may provide for- (a) the removal, retirement, release or discharge from the service of persons subject to this Act ;  (b) the amount and incidence of fines to be imposed under section 90; (c) the specification of the punishment which may be awarded as field punishments under sections 77 and 82 ; (d) the assembly and procedure of courts of inquiry, the recording of summaries of evidence and the administration of oaths or affirmations by such courts ; (e) the convening and constituting of courts-martial and the appointment of prosecutors at trials by courts-martial; (f) the adjournment, dissolution and sitting of courts-martial; (g) the procedure to be observed in trials by courts-martial and the appearance of legal practitioners thereat ; (h) the confirmation, revision and annulment of, and petitions against the findings and sentences of courts-martial; (i) the carrying into effect of sentences or courts-martial; (j) the forms of orders to be made under the provisions of this Act relating to courts-martial, transportation, imprisonment and detention; (k) the constitution of authorities to decide for what persons, to what amounts and in what manner, provision should be made for dependants under section 100 and the due carrying out of such decisions ; (l) the relative rank of the officers, junior commissioned officers, warrant officers, petty officers and non-commissioned officers of the regular Army, Navy and Air Force when acting together; (m) any other matter directed by this Act to be prescribed.
Section 192. Power to make regulations. The Central Government may make regulations for all or any of the purposes of this Act other than those specified in section 191. 1. See Army Rules, 1954, Gazette of India, 1954, Pt. II, sec. 4, p. 291.	Section 184. Power to make regulations.—(1) The Central Government may, by notification in the official Gazette, make regulations for the governance, command, discipline, recruitment, conditions of service and regulation of the Sec. 184] naval forces and generally for the purpose of carrying into effect the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for— (a) the rank, precedence, powers of command and authority of officers and sailors in the naval service; (b) the relative rank, precedence, powers of command and authority of officers and sailors in the naval service in relation to members of the regular Army and the Air Force; (c) the cases in which, and the conditions subject to which powers of punishment may be exercised under sub-section (2) of section 7; (ca) the retirement, discharge and dismissal of persons in the naval service; (cb) the authority to which any matter referred to in section 19A may be referred and the manner in which an enquiry may be made by that authority; (d) the convening and constitution of courts-martial and the appointment of prosecutors at trials by court-martial; (e) the adjournment, dissolution and sittings of courts-martial; (f) the procedure to be observed in trials by courts-martial, the persons by whom an accused may be defended in such trials and the appearance of such persons thereat; (g) the forms of orders to be made under the provisions of this Act relating to courts-martial and the awards and infliction of death, imprisonment and detention; (h) the carrying into effect of sentences of courts-martial; (i) any matter necessary for the purpose of carrying this Act into execution as far as it relates to the investigation, arrest, custody, trial and punishment of offences triable or punishable under this Act; (j) the terms and conditions of service, the pay, the pensions, allowances and other benefits of persons in the naval service, including special provision in this behalf during active service; (k) the ceremonials to be observed and marks of respect to be paid in the naval service; (l) the convening of, the constitution, procedure and practice of boards of inquiry, the summoning of witnesses before them and the administration of oaths by such boards; (m) the computation of time of absence without leave or custody of deserters and absentees without leave; (n) any matter relating to the realisation and disposal of the estates of officers or sailors who are deceased, ascertained to be of unsound mind or reported missing on active service; (o) the enquiry into the conduct of prisoners of war, and their pay and allowances; [Sec. 184 (p) the provision to be made for the wives and children of prisoners of war or missing persons; (q) the procedure relating to the exercise of powers under section 163; 1[(qa) the amount required to be prescribed under clause (b) of section 176;] (r) any other matter which is to be, may be, or is required to be, prescribed under this Act. Section 184A. Power to make regulations with retrospective effect.—The power to make regulations conferred by this Act shall include the power to give retrospective effect, from a date not earlier than the date of commencement of this Act, to the regulations or any of them, but no retrospective effect shall be given to any regulation so as to prejudicially affect the interests of any person to whom such regulation may be applicable.] Section 185. Regulations to be laid before Parliament.—Every regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the regulation or both Houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation.	Section 190. Power to make regulations.- The Central Government may make regulations for all or any of the purposes of this Act other than those specified in section 189.
Section 193. Publication of rules and regulations in Gazette. All rules and regulations made under this Act shall be published in the Official Gazette and on such publication, shall have effect as if enacted in this Act.	No Section for publication in Gazette	Section 191. Publication of rules and regulations in Gazette.- All rules and regulations made under this Act shall be published in the Official Gazette and, on such publication, shall have effect as if enacted in this Act.

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