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The Air Force Act, 1953

( ACT NO. VI OF 1953 )

Chapter II

SPECIAL PROVISIONS FOR THE APPLICATION OF ACT IN CERTAIN CASES

Application of Act to certain forces under the Government
5. (1) The Government may, by notification, apply, with or without modifications, all or any of the provisions of this Act to any force raised and maintained in Bangladesh and suspend the operation of any other enactment for the time being applicable to the said force.
 
 
 
 
(2) The provisions of this Act so applied shall have effect in respect of persons belonging to the said force as they have effect in respect of persons subject to this Act holding in the Air Force the same or equivalent rank as the aforesaid persons hold for the time being in the said force.
 
 
 
 
(3) The provisions of this Act so applied shall also have effect in respect of persons who are employed by, or are in the service of, or are followers of, or accompany any portion of the said force as they have effect in respect of persons subject to this Act under clause (d) of section 2.
 
 
 
 
(4) While any of the provisions of this Act apply to the said force, the Government may, by notification, direct by what authority any jurisdiction, powers or duties incident to the operation of these provisions shall be exercised or performed in respect of the said force.
Special provision as to rank in certain cases
6. (1) The Government may, by notification, direct that any persons or class of persons subject to this Act under clause (d) of section 2, shall be so subject as officers, 1[master warrant officer,] warrant officers or non-commissioned officers, and may authorise any officer to give a like direction or to cancel such direction.
 
 
 
 
(2) All persons subject to this Act other than officers, warrant officers and non-commissioned officers, shall, if they are not persons in respect of whom a notification or direction under sub-section (1) is in force, be deemed to be of a rank 2[lower] to that of a non-commissioned officer.
Commanding officers of persons subject to Air Force law under clause (d) of section 2
7. (1) Every person subject to this Act, under clause (d) of section 2 shall for the purposes of this Act, be deemed to be under the commanding officer of the unit, or detachment, if any, to which he is attached, or if he is not so attached, under the command of any officer who may for the time being be named as his commanding officer by the officer commanding the force with which such person may for the time being be serving, or of any other prescribed officer, or if no such officer is named or prescribed, under the command of the said officer commanding the force.
 
 
 
 
(2) An officer commanding a force shall not place a person subject to this Act under clause (d) of section 2 under the command of an officer of official rank 3[lower] to that of such person if there is present at the place where such person is any officer of higher rank under whose command he can be placed.
Officers exercising powers in certain cases
8. (1) Whenever persons subject to this Act are serving whether within or without Bangladesh under an officer not subject to this Act, the Government may prescribe the officer by whom the powers which, under this Act, may be exercised by officers commanding units, shall, as regards such persons, be exercised.
 
 
 
 
(2) The Government may confer such powers either absolutely or subject to such restrictions, reservations, exceptions and conditions as it may think fit.
Exercise of powers vested in holder of Air Force office
9. Any power or jurisdiction given to, and any act or thing to be done by, to, or before any person holding any Air Force appointment may be exercised by, or done by, to, or before any other person for the time being authorised in that behalf according to the custom of the service, or according to rules made under this Act.
Power to declare persons to be on active service
10. Notwithstanding anything contained in clause (i) of section 4, the Government may, by notification, declare that any persons or class of persons subject to this Act, shall, with reference to any area in which they may be serving or with reference to any provision of this Act or of any other law for the time being in force, be deemed to be on active service within the meaning of this Act.
 
 

  • 1
    The words and comma “master warrant officers,” were inserted after the word and comma “officers,” by section 6(e)(i) of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।
  • 2
    The word “lower” was substituted for the word “inferior” by section 6(e)(ii) of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।
  • 3
    The word “lower” was substituted for the word “inferior” by section 6(f) of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।
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Ministry of Law, Justice and Parliamentary Affairs