193.
—(1) The following deductions may, or if regulations made under this Act so provide shall, 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 he 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 a serviceman is under close arrest or civil custody on a charge for an offence of which he 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 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;
(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 he 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 him, or for any loss of or damage or destruction done by him 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 he requires to be tried by a subordinate military court, by that court;
(e)
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 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 therein or appertaining thereto, 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 he has been charged with an offence has ordered him to pay;
(g)
the sum required to pay for the maintenance of his wife or child, or of any illegitimate child, or towards the cost of any relief given by way of loan to his wife or child; and
(h)
the sum required to pay the penalty payable upon forfeiture of any bond taken under Part IX.
[20/75; 1/94]
(2) Notwithstanding 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) shall not exceed such sums as will leave to the serviceman less than 50 cents a day;
(b)
a person shall 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 such 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 shall apply only to so much of his ordinary pay as remains after those other deductions have been made.
[20/75; 1/94]
(3) Without prejudice to 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 IX, 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 he is a member of the Singapore Armed Forces when the order is made) to pay as or towards compensation for the loss or damage such sum as may be specified in the order and any such sum which is not otherwise paid by the serviceman may be deducted from his pay.
[20/75]
(4) No order shall be made under subsection (3) if the serviceman in proceedings under this Act —
(a)
has been acquitted in circumstances involving a finding that he 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.