Explanation.___ For the purposes of this section, a “provost officer” shall be deemed to include a
provostmarshal appointed under this Ordinance or under the Pakistan Army Act, 1952 (XXXIX of
1952), or the Pakistan Air Force Act, 1953 (VI of 1953), and any person legally exercising authority
under him or on his behalf.
(v) Desertion and Absence without Leave
45. Definition of desertion. A person is guilty of desertion within the meaning of this Ordinance
if he leaves or fails to attend at his ship or place of duty with the intention of remaining permanently
absent from duty without proper authority or if, having left or failed to attend at his ship or place of
duty in any circumstances, he does any act with the like intention.
46. Desertion.__(1) Every person subject to this Ordinance who deserts shall__
(a) if he commits the offence on active service or when under orders for active service, be
liable to sufferlong imprisonment; and
(b) if he commits the offence under any other circumstances, be liable to suffer short
imprisonment.
(2) A person convicted of desertion shall, except so far as the naval tribunal by which he is tried
or the 1[Chief of the naval Staff] may otherwise direct, forfeit all pay, bounty, salvage and allowances
earned by him, all annuities, pensions and gratuities granted to him, and all clothes and effects left by
him on board his ship or at his place of duty.
(3) Every person subject to this Ordinance who incites any other person subject to service law to
desert, or knowingly harbours any such deserter, shall be liable to suffer short imprisonment.
47. Absence without leave. Every person subject to this Ordinance who, without being guilty of
desertion,__
(a) absents himself without leave ;
(b) improperly leaves his ship or place of duty; or
(c) incites any other person subject to service law to absent him self without leave or
improperly to leave his ship or place of duty, shall be liable to suffer short imprisonment.
1 Subs. by F.A.O., 1975, Art. 2 and Sch. for “CommanderinChief”.
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