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The Navy Ordinance, 1961

( Ordinance NO. XXXV OF 1961 )

অধ্যায় এর নাম II

SPECIAL PROVISIONS FOR THE APPLICATION OF THIS ORDINANCE IN CERTAIN CASES

Application of this Ordinance to certain forces under the Government
5. The Government may, by notification, apply with or without modification all or any of the provisions of this Ordinance to any force raised and maintained in Bangladesh and suspend operation of any other enactment for the time being applicable to the said force.
Special provision as to rank and command in certain cases
6. Any person or class of persons subject to this Ordinance under clause (c) of sub-section (2) of section 2-
 
 
 
 
(1) shall be so subject as officers, 1[master chief petty officers, chief petty officers] or petty officers as the Government or any officer authorised by it in that behalf may direct;
 
 
(2) in respect of whom no direction under clause (1) is in force, shall be deemed to be of a 2[rank] 3[lower] to that of a petty officer;
 
 
 
 
(3) shall be deemed to be under the commanding officer of the naval ship, naval vessel or naval establishment, if any, to which he is attached, and 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 be serving, or of any other prescribed officer, and if no such officer is named or prescribed, under the command of the said officer commanding the force;
 
 
 
 
(4) shall not be placed under the command of an officer of official rank inferior 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
7. (1) Whenever persons subject to this Ordinance are serving whether within or without Bangladesh, under an officer not subject to this Ordinance, the Government may prescribe the officer by whom the powers which, under this Ordinance, may be exercised by a commanding officer, 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 naval office
8. Any power or jurisdiction given to, and any act or thing to be done by, to, or before any person holding any naval appointment may be exercised by, or done by, to, or before any other person for the time being authorised in that behalf according to rules or customs of the navy.
Power to declare persons to be on active service
9. Notwithstanding anything contained in clause (i) of section 4, the Government may, by notification, declare that any person or class of persons subject to this Ordinance, shall, with reference to any area in which they may be serving or with reference to any provision of this Ordinance or of any other law for the time being in force, be deemed to be on active service within the meaning of this Ordinance.
 
 

  • 1
    The words and comma “master chief petty officers, chief petty officers” were substituted for the words “chief petty officers” by section 6(a) of the Navy (Amendment) Act, 2016 (Act No. XXVI of 2016).
  • 2
    The word “rank” was substituted for the word “rate” by section 3(g) of the Navy (Amendment) Act, 2016 (Act No. XXVI of 2016).
  • 3
    The word “lower” was substituted for the word “inferior” by section 6(b) of the Navy (Amendment) Act, 2016 (Act No. XXVI of 2016).
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