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Authorised deductions only to be made from pay
192. The pay of a serviceman must be paid without any deduction other than the deductions authorised by this Act or any other written law or by regulations made under this Act by the Armed Forces Council.
Deductions from ordinary pay of servicemen
193.—(1) The following deductions may, or if regulations made under this Act so provide must, be made from the ordinary pay due to a serviceman of the Singapore Armed Forces:(a) all ordinary pay —(i) for every day of absence either on desertion or without leave, for overstaying the period for which leave of absence is granted or as a prisoner of war under circumstances described in sections 12(d) and 14; (ii) for every day of imprisonment, corrective training, preventive detention, reformative training or detention of any other description, to which the serviceman is liable in consequence of an order or sentence of a civil court or order of the civil power; (iii) for every day of imprisonment, special detention in a disciplinary barrack, detention or field punishment awarded by a subordinate military court or detention awarded by a disciplinary officer and for every day while the serviceman is under close arrest or civil custody on a charge for an offence of which the serviceman is afterwards convicted by a subordinate military court or a civil court, or by a disciplinary officer or the Senior Disciplinary Committee; (b) all ordinary pay for every day on which the serviceman is in hospital on account of sickness certified by the proper medical officer attending on the serviceman at the hospital to have been caused by an offence under this Act committed by the serviceman; (c) the sum required to make good such compensation for any expenses, loss, damage or destruction occasioned by the commission of any offence as may be awarded by a subordinate military court by whom the serviceman is convicted of such offence or by a disciplinary officer or Senior Disciplinary Committee dealing summarily with a charge under this Act; (d) the sum required to make good such compensation for any expenses caused by the serviceman, or for any loss of or damage or destruction done by the serviceman to any arms, equipment, clothing, instruments, or regimental necessaries or military decoration, or to any buildings or property, as may be awarded by the disciplinary officer or Senior Disciplinary Committee dealing summarily with a charge under this Act or, in case the serviceman is required to be tried by a subordinate military court, by that court; (e) the share the serviceman is required to contribute as belonging to a unit towards compensation for barrack damage which after due investigation, to be held in the manner provided by regulations made under this Act, 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 purposes of this paragraph, “barrack damage” means damage to or loss or destruction of any premises in which servicemen are quartered or billeted, or any appurtenances, fixtures, furniture or effects in the premises or appertaining to the premises, and “unit” includes any part of a unit; (f) the sum required to pay a fine awarded by a disciplinary officer, a Senior Disciplinary Committee, a subordinate military court or the Military Court of Appeal, or any fine, penalty, damages, compensation, or costs which a civil court before which the serviceman has been charged with an offence has ordered the serviceman to pay; (g) the sum required to pay for the maintenance of the serviceman’s wife or child, or of any illegitimate child, or towards the cost of any relief given by way of loan to the serviceman’s wife or child; and (h) the sum required to pay the penalty payable upon forfeiture of any bond taken under Part 9. (2) Despite subsection (1) —(a) the total amount of deduction from the ordinary pay due to a serviceman in respect of the sums required to pay any compensation, fine or sum awarded or ordered to be paid under subsection (1) must not exceed a sum that will leave to the serviceman less than 50 cents a day; (b) a person must not be subjected in respect of any compensation, fine or sum awarded or ordered to be paid under subsection (1) to any deductions greater than is sufficient to make good the expenses, loss, damage or destruction for which that compensation is awarded, or to pay the said sum; and (c) where a serviceman who is sentenced or ordered in respect of an offence on active service to forfeit all ordinary pay is liable to any other penal deductions from pay, the sentence or order applies only to so much of the serviceman’s ordinary pay as remains after those other deductions have been made. (3) Without affecting the provisions of this Act as to the imposition of deduction of pay as a punishment where, after enquiry by the Armed Forces Council or by a board of inquiry convened under Part 9, it appears that a loss of or damage to public or the Singapore Armed Forces property has been occasioned by any wrongful act or negligence of a serviceman, the Armed Forces Council may order the serviceman (whether or not the serviceman is a member of the Singapore Armed Forces when the order is made) to pay as or towards compensation for the loss or damage a sum that may be specified in the order and any such sum which is not otherwise paid by the serviceman may be deducted from the serviceman’s pay. (4) An order must not be made under subsection (3) if the serviceman in proceedings under this Act —(a) has been acquitted in circumstances involving a finding that the serviceman was not guilty of the wrongful act or negligence in question; or (b) has been awarded deduction of pay in respect of the same loss or damage.
How deduction of pay may be remitted
194. Any deduction of pay authorised by this Act may be remitted in such manner and by such authority as may be provided by regulations made under this Act, and may, subject to the provisions of any such regulations, be remitted by the Armed Forces Council.
Supplemental provisions as to deductions from ordinary pay
195.—(1) Any sum authorised by this Act to be deducted from the ordinary pay of a serviceman may, without affecting any other mode of recovering the sum, be deducted from the ordinary pay or from any sums due to the serviceman, in such manner, and when deducted or recovered may be appropriated in such manner, as may be directed by any regulations made under this Act or order of the Armed Forces Council. (2) Subject to the following provisions, any regulations made under this Act or order may declare what is, for the purposes of the provisions of this Act relating to deductions from pay, deemed to constitute a day of absence or a day of imprisonment, special detention or detention:(a) no person may be treated as absent, imprisoned, specially detained or detained, for those purposes, unless the absence, imprisonment, special detention or detention has lasted for at least 6 hours, except where the absence prevented the absentee from fulfilling any military duty; (b) a period of absence, imprisonment, special detention or detention which starts before and ends after midnight may be reckoned as a day; (c) the number of days must be reckoned as from the time when the absence, imprisonment, special detention or detention starts; and (d) no period of less than 24 hours may be reckoned as more than one day. (3) In cases of doubt as to the proper issue of pay or the proper deduction from pay due to any serviceman, the pay may be withheld until the order of the Armed Forces Council respecting it has been made.
Prohibition of assignment of military pay, pensions, etc.
196. Every assignment of, and every charge on, and every agreement to assign or charge, any deferred pay, or military reward payable to a serviceman or any pension, allowance or relief payable to the serviceman, the serviceman’s wife, widow, child or other dependant, or to any person in respect of any military service, is void, except so far as the same is made pursuant to any regulations made under this Act for the benefit of the family of the person entitled thereto, or as may be authorised by any written law.
Write‑off of public property
197.—(1) Without affecting section 19 of the Financial Procedure Act 1966 —(a) where during or at the end of a trial by a disciplinary officer, Senior Disciplinary Committee or subordinate military court, the disciplinary officer, Senior Disciplinary Committee or subordinate military court —(i) makes an order under section 69(2), 70(2), 70A(2), 70B(2), 72(7) or 118(1)(j) (as the case may be) for a deduction of the pay of a serviceman to be made as or towards compensation for part of any loss or deficiency of property which was caused by the offence for which the trial is being held; (ii) makes an order under section 73 or 118(14) (as the case may be) for the payment of such compensation; or (iii) does not make any order for such deduction to be made as or towards compensation for such loss or deficiency of property or part thereof or for the payment of such compensation; (b) where there is any loss or deficiency of property which was caused by the commission of an offence disclosed in a charge which has been dealt with by a Senior Disciplinary Committee under section 72; (c) where upon the determination of an appeal, the Military Court of Appeal —(i) makes an order under section 142 for a deduction of the pay of a serviceman to be made as or towards compensation for part of any loss or deficiency of property caused by the offence in respect of which the appeal is being determined or for the payment of such compensation; (ii) substitutes under section 143, 144 or 145 one or more punishments imposed by the subordinate military court with an order for such deduction to be made as or towards compensation for part of such loss or deficiency of property or for the payment of such compensation; (iii) dismisses under section 142 the appeal against, or maintains under that section, one or more punishments imposed by the subordinate military court which ordered such deduction to be made as or towards compensation for part of such loss or deficiency of property or the payment of such compensation; (iv) dismisses under section 142 the appeal against an order of acquittal by the subordinate military court of the offence which caused such loss or deficiency of property or against one or more punishments imposed by the subordinate military court which did not order for such deduction to be made as or towards compensation for such loss or deficiency of property or part thereof or for the payment of such compensation; or (v) quashes under section 142 one or more punishments imposed by the subordinate military court which ordered such deduction to be made as or towards compensation for such loss or deficiency of property or part thereof or the payment of such compensation; (d) where under section 75(1) or 116(6), the Armed Forces Council —(i) substitutes one or more punishments imposed by a disciplinary officer or subordinate military court (as the case may be) with an order for a deduction of the pay of a serviceman to be made as or towards compensation for part of any loss or deficiency of property caused by the offence for which the punishments were imposed or for the payment of such compensation; or (ii) quashes one or more punishments imposed by the disciplinary officer who, or the subordinate military court which, ordered such deduction to be made as or towards compensation for such loss or deficiency of property or part thereof or the payment of such compensation; or (e) where after enquiry by the Armed Forces Council or by a board of inquiry convened under Part 10 into any loss or deficiency of property, the Armed Forces Council orders a serviceman to pay a sum as or towards compensation for part of such loss or deficiency of property or does not make any order under section 193(3), the Armed Forces Council may write off the loss or deficiency or such part thereof or the value of the loss or deficiency or part thereof as remains irrecoverable or unrecovered. (2) The Armed Forces Council may, subject to any conditions or restrictions that it thinks fit, delegate to a person the exercise of the power vested in it by subsection (1). (3) The Armed Forces Council may exercise the power conferred upon it by subsection (1) even though it has delegated its powers under subsection (2). (4) In subsection (1) —“loss of property” includes destruction of or damage to property; “property” means public money or other public property in the possession or under the charge of the Singapore Armed Forces. (5) Where the Armed Forces Council has, under section 8C(1), appointed a committee to exercise the powers conferred upon it —(a) by section 75(1) in relation to a serviceman who is serving in Singapore — a reference to an order made or quashed by the Armed Forces Council in subsection (1)(d) in respect of that serviceman is to be construed as a reference to an order made or quashed by the committee; or (b) by section 193(3) in relation to a serviceman — a reference to an order made by the Armed Forces Council in subsection (1)(e) in respect of that serviceman is to be construed as a reference to an order made by the committee. (6) Where the Armed Forces Council has —(a) under section 75(3), appointed an officer or a senior military expert to exercise the powers conferred upon it by section 75(1) in relation to a serviceman serving outside Singapore; or (b) in relation to a serviceman, delegated its powers as a reviewing authority to a committee under section 116(2), a reference to an order made or quashed by the Armed Forces Council in subsection (1)(d) in respect of that serviceman is to be construed as a reference to an order made or quashed by the officer, senior military expert or committee, as the case may be. [28/2009]
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Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. Read the official text ↗
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