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The Air Force Act, 1953

( ACT NO. VI OF 1953 )

Chapter XI

PROCEDURE OF COURTS-MARTIAL

Presumption as to certain documents
140. (1) A letter, return or other document with respect to a person,-
 
 
 
 
(i) having, or not having, at any time served in, or been dismissed or discharged from any part of the armed forces of Bangladesh, or
 
 
 
 
(ii) having, or not having, held any rank or appointment in, or been posted or transferred to any part of such forces, or having or not having served in any particular country or place, or
 
 
 
 
(iii) being, or not being, authorised to use or wear any Naval, Military or Air Force decoration, medal, medal ribbon, badge, wound stripe or emblem, the use or wearing of which by an unauthorised person is, by any law in force for the time being, an offence,
 
 
 
 
if purporting to be signed by or on behalf of a Secretary to the Government, or on behalf of the Bangladesh Military, Naval or Air Force Headquarters, or by the commanding officer or the officer or record officer having the custody of the records of any portion of those forces or of any of the ships of Bangladesh Navy to which such person appears to have belonged, or alleges that he belongs or had belonged, shall be evidence of the facts stated in such letter, return or other document.
 
 
 
 
(2) Any Army, Navy or Air Force list or gazette purporting to be published by authority shall be evidence of the status and rank of the officers or 1[master warrant officers or warrant officers] therein mentioned, and of any appointment held by them and of the unit or branch of the service to which they belong.
 
 
(3) Where a record is made in any service book in pursuance of this Act or of any rules made thereunder or otherwise in pursuance of duty and purports to be signed by the commanding officer or by the officer whose duty it is to make such record, such record shall be evidence of the facts therein stated.
 
 
 
 
(4) A copy of any record in any service book purporting to be certified to be a true copy by the officer having the custody of such book shall be evidence of such record.
 
 
 
 
(5) Where any person subject to this Act is being tried on a charge of desertion or of a absence without leave and such person has surrendered himself into the custody of, or has been apprehended by, any officer, or any portion, of the armed forces of Bangladesh, a certificate purporting to be signed by such officer, or by the commanding officer of that portion of the armed forces and stating the fact, date and place of such surrender or apprehension, shall be evidence of the matters so stated.
 
 
 
 
(6) Where any person subject to this Act is being tried on a charge of desertion or of absence without leave and such person has on arrest or surrender been taken to a police station in Bangladesh, a certificate purporting to be signed by the officer-in-charge of that police station, and stating the fact, date and place of such surrender or apprehension shall be evidence of the matters so stated.
 
 
 
 
(7) Any document purporting to be a report under the hand of any Chemical Examiner or Assistant Chemical Examiner to the Government upon any matter or thing duly submitted to him for examination or analysis and report may be used as evidence in any proceeding under this Act.

  • 1
    The words “master warrant officers or warrant officers” were substituted for the words “warrant officers” by section 6(s) of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।
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