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22/06/2024
The Navy Ordinance, 1961

The Navy Ordinance, 1961

( Ordinance NO. XXXV OF 1961 )

Chapter XVI

RULES

Power to make rules
177. (1) The Government may make rules for the purpose of carrying into effect the provisions of this Ordinance.
 
 
 
 
(2) Without prejudice to the generality of the power conferred by sub-section (1), such rules may provide for,-
 
 
 
 
(a) the retirement, release, discharge, removal or dismissal from the service of persons subject to this Ordinance;
 
 
 
 
(b) the procedure to be observed during investigation, arrest, custody and summary trial, and powers of punishment of commanding officers and other authorities at such trials and delegation of such powers;
 
 
 
 
(c) the assembly and procedure of boards of inquiry, the recording of summaries of evidence and the administration of oaths and affirmations at such proceedings;
 
 
 
 
(d) the convening and constitution of courts-martial;
 
 
 
 
(e) the adjournment, dissolution and sittings of courts- martial;
 
 
 
 
(f) the procedure to be observed in trials by courts-martial and the appearing of legal practitioners thereat;
 
 
 
 
(g) the confirmation, revision and annulment of, and petitions against, the findings and sentences of courts-martial;
 
 
 
 
(h) the carrying into effect of sentences of courts-martial;
 
 
 
 
(i) the forms of orders to be made under the provisions of this Ordinance relating to courts-martial and sentences of death, imprisonment or detention;
 
 
(j) the constitution of authorities to decide for what persons, to what amounts and in what manner provision should be made for dependents of prisoners of war or missing persons under section 88 and the due carrying out of such decisions;
 
 
 
 
(k) the relative rank of and powers of command to be exercised by officers, junior commissioned officers, warrant officers, petty officers and non-commissioned officers of the Bangladesh Army, the Bangladesh Navy and the Bangladesh Air Force, when acting together;
 
 
 
 
(l) deductions on account of public and service debts from the pay and allowances of persons subject to this Ordinance; and
 
 
 
 
(m) any other matter directed by this Ordinance to be prescribed.
 
 
 
 
(3) All rules made under this Ordinance shall be published in the official Gazette and, on such publication, shall have effect as if enacted in this Ordinance.
Power to make regulations
178. (1) The Government may make regulations for the governance, command, discipline, recruitment, conditions of service and regulation of the naval forces and generally for all or any of the purposes of this Ordinance, other than those specified in section 177.
 
 
 
 
(2) Without prejudice to the generality of the power conferred by sub-section (1), such regulations may provide for:-
 
 
 
 
(a) the rank, precedence, powers of command and authority of officers and 1[sailors];
 
 
 
 
(b) the terms and conditions of service, the pay, pensions, allowances and other benefits of officers and 2[sailors];
 
 
(c) the ceremonials to be observed and the marks of respect to be paid in the service; and
 
 
 
 
(d) any other matter which is directed by this Ordinance or the rules, to be specified by regulations.
[Repealed]
179. Repeals.- [Sub-section (1) was repealed by section 2 and the 1st Schedule of the Repealing and Amending Ordinance, 1965 (Ordinance No. X of 1965).]
 
 
 
 
(2) [Omitted by section 14 of the Navy (Amendment) Act, 2016 (Act No. XXVI of 2016).]
 
 

  • 1
    The word “sailors” was substituted for the word “ratings” by section 3(c) of the Navy (Amendment) Act, 2016 (Act No. XXVI of 2016).
  • 2
    The word “sailors” was substituted for the word “ratings” by section 3(c) of the Navy (Amendment) Act, 2016 (Act No. XXVI of 2016).
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