The Air Force Act, 1953

( ACT NO. VI Of 1953 )

An Act to consolidate and amend the law relating to the government and discipline of the Bangladesh Air Force.1♠ ♦

 
 
 
WHEREAS it is expedient to consolidate and amend the law relating to the government and discipline of the Bangladesh Air Force;
 
 
 
 
It is hereby enacted as follows:-
 
 
 

CONTENTS

SECTIONS

1. Short title and commencement

2. Persons subject to this Act

3. Termination of application of the Act

3A. Secondment to Army or Navy

4. Definitions

5. Application of Act to certain forces under the Government

6. Special provision as to rank in certain cases

7. Commanding officers of persons subject to Air Force law under clause (d) of section 2

8. Officers exercising powers in certain cases

9. Exercise of powers vested in holder of Air Force office

10. Power to declare persons to be on active service

11. Commission and appointment

12. Ineligibility of aliens for enrolment

13. Procedure before enrolling officer

14. Mode of enrolment

15. Validity of enrolment

16. Persons to be attested

17. Mode of attestation

18. Tenure of service under the Act

19. Termination of service by Government

20. Dismissal, removal or reduction by Commander of Air Staff or other officers

21. Retirement, release or discharge

22. Certificate on termination of service

23. Discharge or dismissal when out of Bangladesh

24. Power to modify certain fundamental rights in their application to persons subject to this Act

25. Authorised deductions only to be made from pay

26. Remedy of aggrieved warrant officers and airmen

27. Remedy of aggrieved officers

28. Immunity from attachment

29. Immunity from arrest for debt

30. Immunity of persons attending courts-martial from arrest

31. Privileges of reservists

32. Priority in respect of Air Force personnel’s litigation

33. Saving of rights and privileges under other laws

34. Offences in relation to the enemy and punishable with death

35. Offences in relation to the enemy and not punishable with death

36. Offences punishable more severely on active service than at other terms

37. Mutiny

38. Desertion and aiding desertion

39. Absence without leave

40. Striking or threatening superior officer

41. Disobedience to superior officer

42. Insubordination and obstruction

43. Fraudulent enrolment

44. False answers on enrolment

45. Unbecoming conduct

46. Certain forms of disgraceful conduct

47. Ill- treating a subordinate

48. Intoxication

49. Permitting escape of person in custody

50. Irregularity in connection with arrest or confinement

51. Escape from custody

52. Offences in respect of property

53. Extortion and corruption

54. Making away with equipment

55. Injury to property

56. False accusation

57. Falsifying official document and false declaration

58. Signing in blank and failure to report

59. Offences relating to courts-martial

60. False evidence

61. Unlawful detention of pay

62. Offences in relation to aircraft and flying

63. Other offences relating to aircraft and flying

64. Disobedience of lawful command of captain of aircraft

65. Violation of good order and Air Force discipline

66. Miscellaneous offences

67. Attempt

68. Abetment of offences that have been committed

69. Abetment of offences punishable with death and not committed

70. Abetment of offences punishable with imprisonment and not committed

71. Civil offences

72. Civil offences not triable by courts-martial

73. Punishments awardable by courts-martial

74. Alternate punishments awardable by courts-martial

75. Combination of punishments

76. Dismissal of officers and warrant officers

77. Field punishment

78. Position of field punishment in scale of punishments

79. Result of certain punishments in the case of a non-commissioned officer

80. Retention in the ranks of a person convicted on active service

81. Punishments otherwise than by court-martial

82. Punishment of persons other than officers and warrant officers

83. Requirement of sanction in certain cases

84. Limit of punishments under section 82

85. Punishments in addition to those specified in section 82

86. Punishment of officers and warrant officers

87. Transmission of proceedings

88. Review of proceedings

89. Superior Air Force authority

90. Deduction from pay and allowances of officers

91. Deductions from pay and allowances of warrant officers and airmen

92. Computation of time of absence or custody

93. Pay and allowances during trial

94. Limit of certain deductions

95. Deduction from public money due to a person

96. Pay and allowances of prisoner of war during inquiry into his conduct

97. Remission of deductions

98. Provision for dependants of prisoner of war where remission is made

99. Provision for dependants of prisoner of war from his pay and allowances

100. Period during which a person is deemed to be a prisoner of war

101. Custody of offenders

102. Duty of commanding officer in regard to detention

103. Interval between committal and trial

104. Arrest by civil authorities

105. Capture of deserters

106. Inquiry into absence without leave

106A. Inquiry into any other matter

107. Provost-marshals

108. Different kinds of courts-martial

109. Powers to convene a general court-martial

110. Power to convene a district court-martial

111. Limitations of powers of convening authorities

112. Power to convene a field general court-martial

113. Composition of general court-martial

114. Composition of district court-martial

115. Composition of field general court-martial

116. Dissolution of court-martial

117. Powers of general and field general courts-martial

118. Powers of district court-martial

119. Prohibition of second trial

120. Period of limitation for trial

121. Liability of offender who ceases to be subject to the Act

122. Place of trial

123. Order in case of concurrent jurisdiction of criminal court and court-martial

124. Power of criminal court to require delivery of offender

125. [Omitted.]

126. President

127. Judge Advocate

128. Challenges

129. Oaths of members, judge advocate and witnesses

130. Voting by members

131. General rules as to evidence

132. Judicial notice

133. Summoning witnesses

134. Documents exempted from production

135. Commission for the examination of witness

136. [Omitted.]

137. Conviction of offence not charged

138. Presumption as to signature

139. Enrolment paper

140. Presumption as to certain documents

141. Reference by accused to Government officer

142. Evidence of previous convictions and general character

143. Lunacy of accused

144. Subsequent fitness of lunatic accused for trial

145. Transmission to Government of orders under section 144

146. Release of lunatic accused

147. Delivery of lunatic accused to relatives

148. Order for custody and disposal of property pending trial

149. Order for disposal of property regarding which offence is committed

150. Trial by court-martial to be deemed judicial proceeding, etc.

151. Finding and sentence not valid unless confirmed

152. Power to confirm finding and sentence of general court-martial

153. Power to confirm finding and sentence of district court-martial

154. Limitation of powers of confirming authority

155. Power to confirm finding and sentence of field general court-martial

156. Power of confirming authority to mitigate, remit or commute sentences

157. Confirmation of finding and sentence on board a ship

158. Revision of finding and sentence

159. Alteration of finding or sentence in certain cases

160. Remedy against order, finding or sentence of court-martial

161. Annulment of proceedings

162. Bar of Appeals

163. Form of sentence of death

164. Commencement of sentence of imprisonment or detention

165. Execution of sentence of imprisonment

166. Execution of sentence of imprisonment in special cases

167. Execution of sentence of detention

168. Interim custody of persons under sentence of death, imprisonment or detention

169. Authority for committal and transfer of prisoners

170. Conveyance of prisoners from place to place

171. Communication of certain orders to prison officers

172. Execution of sentence of fine

173. Establishment and regulation of Air Force prisons or detention barracks

174. Power to make rules in respect of prisons and prisoners

175. Restriction of rule-making power in respect of corporal punishment

176. Informality or error in the order or warrants

177. Pardon and remission

178. Cancellation of conditional pardon or remission

179. Reduction of non-commissioned officer

180. Suspension of sentence of imprisonment or detention

181. Orders pending suspension

182. Release on suspension

183. Computation of period of suspension

184. Order after suspension

185. Reconsideration of case after suspension

186. Fresh sentence after suspension

187. Scope of power of suspension

188. Effect of suspension and remission on dismissal

189. Property of deceased persons and deserters (other than officers and warrant officers)

190. Disposal of certain property without production of probate, etc. (other than officers and warrant officers)

191. Application of sections 189 and 190 to lunatics, etc.

192. Property of officers and warrant officers who die or desert

193. Powers of Committee of Adjustment

194. Disposal of surplus by the prescribed person

195. Disposal of certain property without production of probate, etc. (of officers and warrant officers)

196. Discharge of Committee, prescribed person and the Government

197. Property in the hands of the Committee or the prescribed person not to be assets at the place where the Committee or the prescribed person is stationed

198. Saving of rights of representative

199. Application of sections 193 to 198 to lunatics, etc.

200. Appointment of Standing Committee of Adjustment when officers die or desert while on active service

201. Interpretations

202. Power to make rules

203. Power to make regulations

204. [Omitted.]

205. [Omitted.]

206. [Omitted.]