The Navy Ordinance, 1961

( Ordinance NO. XXXV Of 1961 )

An Ordinance to consolidate and amend the law relating to the government and discipline of the Bangladesh Navy.1

 
 
 
WHEREAS it is expedient to consolidate and amend the law relating to the government and discipline of the Bangladesh Navy;
 
 
 
 
NOW, THEREFORE, in pursuance of the Proclamation of the seventh day of October, 1958, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-
 
 
 

CONTENTS

SECTIONS

1. Short title and commencement

2. Persons subject to this Ordinance

3. Secondment to Army or Air Force

4. Definitions

5. Application of this Ordinance to certain forces under the Government

6. Special provision as to rank and command in certain cases

7. Officers exercising powers in certain cases

8. Exercise of powers vested in holder of naval office

9. Power to declare persons to be on active service

10. Eligibility for employment

11. Appointment and commission

12. Enrolment and Junior Commission

13. Validity of Enrolment

14. Attestation

15. Tenure of service

16. Liability for service

17. Termination of service

18. Release on expiry of period of engagement

19. Discharge or dismissal when out of Bangladesh

20. Certificate on termination of service

21. Power to modify certain fundamental rights in their application to persons subject to this Ordinance

22. Authorised deductions only to be made from pay

23. Remedy of aggrieved persons

24. Immunity from attachment

25. Immunity from arrest for debt

26. Immunity of persons attending courts-martial from arrest

27. Priority in respect of naval personnel’s litigation

28. Saving of rights and privileges under other laws

(i) Misconduct in Action and Assistance to Enemy

29. Misconduct in action by persons in command

30. Misconduct in action by other officers and men

31. Obstruction of operations

32. Corresponding with, supplying or serving with the enemy

(ii) Neglect of Duty

33.Sleeping on watch or abandoning post

34.Neglect of duty

(iii) Mutiny

35.Definition of “Mutiny”

36.Offences of mutiny

37.Failure to suppress mutiny

38.Attempt to stir up disturbance

(iv) Insubordination

39.Using criminal force to superior officer

40.Disobedience

41.Insubordinate behaviour

42.Violation of this Ordinance, rules, regulations and orders

43.Fighting and quarrelling

44.Obstruction of provost officers

(v) Desertion and Absence without Leave

45.Definition of desertion

46.Desertion

47.Absence without leave

48.Failure to report deserters and absentees

(vi) Navigation and Flying Offences

49. Loss or hazarding of ship or aircraft

50. Dangerous flying

51. Low flying

52. Annoyance by flying

(vii) Prize Offences

53. Prize offences by commanding officers

54. Other prize offences

(viii) Other Offences in respect of Ships and Aircraft

55. Inaccurate certification

56. Improper carriage of goods

(ix) Malingering and Intoxication

57. Malingering

58. Definition of intoxication

59. Offences of intoxication

(x) Offences in respect of Naval Custody

60. Irregularity in connection with custody

61. Escape from custody

62. Permitting escape of person in custody

(xi) Offences relating to Property

63. Theft and dishonest misappropriation, etc.

64. Making away with equipment, etc.

65. Loss and waste of Government and service property

(xii) Miscellaneous Offences

66. Unauthorised disclosure of information

67. Falsification of documents

68. Signing in blank and failure to report

69. False answers on enrolment

70. Unbecoming conduct by officers

71. Disgraceful conduct

72. False accusation

73. Offences in relation to courts-martial

74. False evidence

75. Conduct to the prejudice of naval discipline

(xiii) Attempts and Abetments

76. Attempts to commit naval offence

77. Abetment of offences

(xiv) Civil Offences

78. Civil offences triable by naval tribunal

79. Civil offences triable by naval tribunal under special circumstances

80. Scale of punishments

81. Provision as to award of punishment

82. Deductions from pay and allowances of officers and [sailors]

83. Limit of certain deductions

84. Pay and allowances during trial

85. Deduction from money due to a person

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

87. Remission of deductions

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

89. Duty to bring offenders to justice and powers of arrest

90. Provision for avoiding delay after arrest

91. Duty to receive or keep in custody

92. Procedure before trial

93. Arrest under warrants of naval authorities

94. Provost-Marshals

95. Naval tribunal

96. General court-martial

97. District court-martial

98. Summary general court-martial

99. Composition of courts-martial

100. Judge Advocate

101. Quorum and dissolution of courts-martial

102. Powers of commanding officers in respect of summary trial

103. Powers of other authorities in respect of summary trial

104. Place of trial

105. Period of limitation for trial

106. Liability of offender who ceases to be subject to this Ordinance

107. Concurrent jurisdiction of naval tribunal and criminal Court

108. Prohibition of second trial

109. Objections

110. Administration of oath

111. Voting by members

112. Power to convict of mitigated offence

113. Power to convict of alternative offence

114. General rules as to evidence

115. Judicial notice

116. Summoning of witnesses

117. Commission for the examination of witnesses

118. Presumption as to signature

119. Enrolment paper

120. Presumption as to certain documents

121. Reference by accused to Government officer

122. Evidence of previous convictions and general character

123. Lunacy of accused

124. Subsequent fitness of lunatic accused for trial

125. Transmission to Government of orders under section 124

126. Release of lunatic accused

127. Delivery of lunatic accused to relatives

128. Order for custody and disposal of property pending trial

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

130. Confirmation of finding and sentence

131. Power of confirming authority

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

133. Power of confirming authority to return the finding and sentence to the Court for revision

134. Remedy against an order of court-martial before confirmation of finding or sentence

135. Review by the Government or the Chief of Naval Staff of finding and sentence

136. Remedy of aggrieved persons, on being convicted by a court-martial

137. Power to quash or alter findings

138. Power to remit or alter sentences

139. Saving of functions of Judge Advocate-General

140. Bar of Appeals

141. Form of sentence of death

142. Commencement of sentence of imprisonment or detention

143. Execution of sentence of imprisonment

144. Execution of sentence of detention

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

146. Authority for committal and transfer of prisoners

l47. Conveying of prisoners from place to place

148. Communication of certain orders to prison officers

149. Establishment and regulation of naval prisons or detention barracks

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

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

152. Procedural defect or error in the order or warrant

153. Pardon and remission

154. Cancellation of conditional pardon or remission

155. Suspension of sentence of imprisonment or detention

156. Orders pending suspension

157. Release on suspension

158. Computation of period of suspension

159. Order after suspension

160. Reconsideration of case after suspension

161. Fresh sentence after suspension

162. Scope of power of suspension

163. Effect of suspension and remission on dismissal

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

165. Disposal of certain property without production of probate, etc. (other than officers)

166. Application of sections 164 and 165 to lunatics, etc.

167. Property of officers who die or desert

168. Powers of Committee of Adjustment

169. Disposal of surplus by the prescribed person

170. Disposal of certain property without production of probate, etc.

171. Discharge of Committee, prescribed person and the Government

172. 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

173. Saving of rights of representative

174. Application of sections 168 to 173 to lunatics, etc.

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

176. Interpretations

177. Power to make rules

178. Power to make regulations

179. [Repealed]

180. [Omitted.]

181. [Omitted.]

Schedule

SCHEDULE