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The Army Act, 1952

( ACT NO. XXXIX OF 1952 )

Chapter III

TERMINATION OF SERVICE

Dismissal or removal by Government
16. The Government may dismiss or remove from the service any person subject to this Act.
Dismissal or removal by Chief of Army Staff, or other authorised officer
17. (1) The Chief of Army Staff may dismiss or remove from the service any 1[junior commissioned officer] or any person enrolled under this Act.
 
 
 
 
(2) An officer having power to convene a district court martial or an officer not below the rank of lieutenant-colonel empowered by the Chief of Army Staff in this behalf may dismiss or remove from the service any person enrolled under this Act who may be serving under his command.
Retirement, release, or discharge
18. The prescribed authority may, in conformity with such rules as may be prescribed in this behalf, retire, release or discharge from the service any person subject to this Act.
Certificate on termination of service
19. Every junior commissioned officer 2[* * *] or person enrolled under this Act, who is dismissed, removed, retired, released or discharged from the service shall be furnished by his commanding officer with a certificate in the 3[Bengali] language or such other language as he understands, setting forth,-
 
 
 
 
(a) the authority who terminates his service;
 
 
 
 
(b) the cause for such termination;
 
 
 
 
(c) the full period of his service in the Bangladesh Army.
Discharge or dismissal when out of Bangladesh
20. (1) Any person subject to this Act, who is entitled under the conditions of his service to be discharged, or whose discharge is ordered by competent authority, and who, when he is so entitled or ordered to be discharged, is serving out of Bangladesh, and requests to be sent to Bangladesh, shall, before being discharged, be sent to Bangladesh with all convenient speed.
 
 
 
 
(2) Any person subject to this Act who is dismissed from the service and who, when he is so dismissed is serving out of Bangladesh, shall be sent to Bangladesh with all convenient speed.
 
 
 
 
(3) When any such person as is mentioned in sub-section (2) is sentenced to dismissal combined with any other punishment, such other punishment, or in the case of a sentence of transportation or imprisonment, a portion of such sentence, may be inflicted before he is sent to Bangladesh.
 
 
 
 
Explanation.-For the purposes of this section, the word “discharge” shall include retirement or release, and the word “dismissal” shall include removal.
 
 
 
 

  • 1
    The words “junior commissioned officer” were substituted for the words and comma “junior commissioned officer or warrant officer,” by section 7 of the Army (Amendment) Act, 2006 (Act No. XXXIII of 2006)
  • 2
    The commas and words “, warrant officer,” were omitted by section 8 of the Army (Amendment) Act, 2006 (Act No. XXXIII of 2006)
  • 3
    The word “Bangla” was substituted for the word “English” by section 4(i) of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।
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Ministry of Law, Justice and Parliamentary Affairs