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30 1923

DEFENCE FORCES (TEMPORARY PROVISIONS) ACT, 1923

CHAPTER II.

Pay.

Authorised deductions from pay only to be made.

126. —The pay of an officer or soldier of the forces shall be paid without any deduction other than the deductions authorised by this Act or any Regulations to be made thereunder, or by any other Act of the Oireachtas.

Automatic forfeiture of pay of officers.

127. —In the case of an officer, pay shall be automatically forfeited for every day—

(a) Of absence on desertion or without leave.

(b) Whilst he is in custody on a charge for an offence resulting in a conviction by a Civil Court.

(c) Whilst he is in custody on a charge resulting in a conviction by Court-Martial unless the Court-Martial shall otherwise direct.

Automatic forfeiture of pay of soldiers.

128. —In the case of a soldier, pay shall be automatically forfeited for every day—

(a) Of absence on desertion or without leave.

(b) Whilst he is in custody on a charge for an offence resulting in a conviction by a Civil Court.

(c) Whilst he is in custody on any charge resulting in a conviction by a Court-Martial (unless the Court-Martial shall otherwise direct).

(d) Whilst he is in custody on a charge of absence without leave for which he is afterwards awarded detention by his Commanding Officer.

(e) Of imprisonment awarded by a Court-Martial or a Civil Court.

(f) Of detention awarded by a Court-Martial or his Commanding Officer.

Definition of expression “Day.

129. —For the purposes of Sections 127 and 128 of this Act, the Minister may by regulation or order from time to time declare what shall be deemed a day of absence, a day in custody, or a day of imprisonment or detention, so however that—

(a) No person shall be treated as absent, in custody, imprisoned or detained for the purposes aforesaid unless such absence, custody, imprisonment or detention has lasted six hours or upwards, except where the absence prevented the absentee from performing some military duty which was thereby thrown on some other person;

(b) A period of absence, a period in custody, a period of imprisonment or detention which commences before and ends after midnight may be reckoned as a day;

(c) The number of days shall be reckoned as from the time when the absence, custody, imprisonment, or detention commences; and

(d) No period less than twenty-four hours shall be reckoned as more than one day.

Deductions from ordinary pay of officers which may be made.

130. —The following deductions may be made from the ordinary pay due to an officer:—

(a) The sum required to make good such compensation for any expense, loss, damage or destruction occasioned by the commission of any offence as may be awarded by the Court-Martial by which he is convicted of such offence.

(b) The sum required to make good the pay of any officer or soldier which he has unlawfully retained or unlawfully refused to pay.

(c) The sum required to pay any fine awarded by a Court-Martial or a Civil Court.

(d) The sum required to make good any loss, damage or destruction of public property, which after due investigation appears to the Minister to have been occasioned by any wrongful act or negligence on the part of the officer.

Deductions from ordinary pay of soldiers which may be made.

131. —The following deductions may be made from the ordinary pay due to a soldier:—

(a) All ordinary pay for every day on which he is in hospital on account of sickness certified by the proper medical officer attending on him at the hospital to have been caused by an offence under this Act committed by him. The expression “day” in this sub-section shall mean a complete day of twenty-four hours.

(b) The sum required to make good such compensation for any expense, loss, damage or destruction occasioned by the commission of any offence as may be awarded by the Court-Martial by which he is convicted of such offence or where he has confessed the offence and his trial is dispensed with by order under Section 120 (1) of this Act as may be awarded by that order or by any other order of a competent military authority under that Section.

(c) The sum required to make good such compensation for any expenses caused by him or for any loss of or damage or destruction done by him to any arms, ammunition, equipment, clothing, instruments or regimental necessaries or to any buildings or property as may be awarded by his Commanding Officer or by a Court-Martial, provided that in the case of an award by a Commanding Officer the amount to be deducted shall in no case exceed £10.

(d) The share he is required to contribute as belonging to a unit towards compensation for barrack damage which after due investigation to be held in the prescribed manner, appears to have been occasioned by the wilful act or negligence of a person or persons who cannot be identified, belonging to the unit, during the period while such unit was in occupation.

For the purpose of this paragraph, the expression “barrack damage” means damage to or loss or destruction of any premises in which soldiers are quartered or billeted, or any appurtenances, fixtures, furniture or effects therein or appertaining thereto, and the expression “unit” includes any part of a unit.

(e) The sum required to pay a fine awarded by a Court-Martial, his Commanding Officer, Company-Commander or a Civil Court.

(f) The sum required to pay any sum ordered by the Minister or any officer deputed by him for the purpose, to be paid as mentioned in this Act for the maintenance of his wife or child or any bastard child, or towards the cost of any relief given by way of loan to his wife and child:

Provided that the deduction from ordinary pay under this Section shall not in any week exceed two-thirds of the offender's pay for that week.

How automatic forfeiture of and deductions from ordinary pay may be remitted.

132. —Any automatic forfeiture of pay or deduction from pay authorised by this Act may be remitted by the Minister.

Supplemental as to deductions from ordinary pay.

133. —(1). Any sum authorised by this Act to be deducted from the ordinary pay of an officer or soldier may, without prejudice to any other mode of recovering the same, be deducted from the ordinary pay or from any sums due to such officer or soldier in such manner, and when deducted or recovered may be appropriated in such manner, as may from time to time be directed by any regulation or order of the Minister.

(2). In cases of doubt as to the proper issue of pay or the proper automatic forfeiture of or deduction from pay due to any officer or soldier that pay may be withheld until the order of the Minister respecting it has been signified, which order shall be final.

Prohibition of assignment of pay, etc.

134. —Every assignment of and every charge on and every agreement to assign or charge any pay payable to any officer or soldier, or any pension, allowance or relief payable to any such officer or soldier or his wife, widow, child or other relative, or to any person in respect of military service shall be void.

Punishment of false oath and personation.

135. —(1) Where any regulations to be made by the Minister or the Minister for Finance with respect to the payment of any military reward, pension, or allowance, or any sum payable in respect of military service, or with respect to the payment of money or delivery of property in the possession of the military authorities, provide for proving on oath or by statutory declaration, the identity of the recipient or any other matter in connection with such payment, such oath may be administered and declaration taken by the person mentioned in the regulations, and any person who in such oath or declaration wilfully makes any false statement, shall be liable to punishment for perjury.

(2) Any person who falsely represents himself to any military or civil authority to belong to or to be a particular man in the Forces, or in the Reserve to be established under any Act of the Oireachtas, shall be deemed to be guilty of personation.

(3) Any person who is guilty of an offence under the False Personation Act, 1874, in relation to any military pay, reward, pension, or allowance, or to any sum payable in respect of military service, or to any money or property in the possession of the military authorities, or is guilty of personation under this Section, shall be liable on summary conviction to imprisonment with or without hard labour for a term not exceeding three months, or to a fine not exceeding twenty-five pounds.

(4) Provided that nothing in this Section shall prevent any person from being proceeded against and punished under any other enactment or at common law in respect of any offence, so that he be not punished twice for the same offence.