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THE AIR FORCE ACT, 1953

(ACT NO. VI OF 1953).
  Part No : Chapter No : Section No: [ 15th April, 1953  
  
     An Act to consolidate and amend the law relating to the government and discipline of the Bangladesh Air Force. 1 2 3
 
    WHEREAS it is expedient to consolidate and amend the law relating to the government and discipline of the Bangladesh Air Force;



It is hereby enacted as follows:-
 
CONTENTS
 
SECTIONS
 
CHAPTER I
PRELIMINARY
1. Short title and commencement
2. Persons subject to this Act
3. Termination of application of the Act
3A. Secondment to Army or Navy
4. Definitions
CHAPTER II
SPECIAL PROVISIONS FOR THE APPLICATION OF ACT IN CERTAIN CASES
5. Application of Act to certain forces under the Government
6. Special provision as to rank in certain cases
7. Commanding officers of persons subject to Air Force law under clause (d) of section 2
8. Officers exercising powers in certain cases
9. Exercise of powers vested in holder of Air Force office
10. Power to declare persons to be on active service
CHAPTER III
COMMISSION, APPOINTMENT AND ENROLMENT
11. Commission and appointment
12. Ineligibility of aliens for enrolment
13. Procedure before enrolling officer
14. Mode of enrolment
15. Validity of enrolment
16. Persons to be attested
17. Mode of attestation
CHAPTER IV
CONDITIONS OF SERVICE
18. Tenure of service under the Act
19. Termination of service by Government
20. Dismissal, removal or reduction by Commander of Air Staff or other officers
21. Retirement, release or discharge
22. Certificate on termination of service
23. Discharge or dismissal when out of Bangladesh
24. Power to modify certain fundamental rights in their application to persons subject to this Act
CHAPTER V
SERVICE PRIVILEGES
25. Authorised deductions only to be made from pay
26. Remedy of aggrieved warrant officers and airmen
27. Remedy of aggrieved officers
28. Immunity from attachment
29. Immunity from arrest for debt
30. Immunity of persons attending courts-martial from arrest
31. Privileges of reservists
32. Priority in respect of Air Force personnel’s litigation
33. Saving of rights and privileges under other laws
CHAPTER VI
OFFENCES
34. Offences in relation to the enemy and punishable with death
35. Offences in relation to the enemy and not punishable with death
36. Offences punishable more severely on active service than at other terms
37. Mutiny
38. Desertion and aiding desertion
39. Absence without leave
40. Striking or threatening superior officer
41. Disobedience to superior officer
42. Insubordination and obstruction
43. Fraudulent enrolment
44. False answers on enrolment
45. Unbecoming conduct
46. Certain forms of disgraceful conduct
47. Ill- treating a subordinate
48. Intoxication
49. Permitting escape of person in custody
50. Irregularity in connection with arrest or confinement
51. Escape from custody
52. Offences in respect of property
53. Extortion and corruption
54. Making away with equipment
55. Injury to property
56. False accusation
57. Falsifying official document and false declaration
58. Signing in blank and failure to report
59. Offences relating to courts-martial
60. False evidence
61. Unlawful detention of pay
62. Offences in relation to aircraft and flying
63. Other offences relating to aircraft and flying
64. Disobedience of lawful command of captain of aircraft
65. Violation of good order and Air Force discipline
66. Miscellaneous offences
67. Attempt
68. Abetment of offences that have been committed
69. Abetment of offences punishable with death and not committed
70. Abetment of offences punishable with imprisonment and not committed
71. Civil offences
72. Civil offences not triable by courts-martial
CHAPTER VII
PUNISHMENTS
73. Punishments awardable by courts-martial
74. Alternate punishments awardable by courts-martial
75. Combination of punishments
76. Dismissal of officers and warrant officers
77. Field punishment
78. Position of field punishment in scale of punishments
79. Result of certain punishments in the case of a non-commissioned officer
80. Retention in the ranks of a person convicted on active service
81. Punishments otherwise than by court-martial
82. Punishment of persons other than officers and warrant officers
83. Requirement of sanction in certain cases
84. Limit of punishments under section 82
85. Punishments in addition to those specified in section 82
86. Punishment of officers and warrant officers
87. Transmission of proceedings
88. Review of proceedings
89. Superior Air Force authority
CHAPTER VIII
PENAL DEDUCTIONS
90. Deduction from pay and allowances of officers
91. Deductions from pay and allowances of warrant officers and airmen
92. Computation of time of absence or custody
93. Pay and allowances during trial
94. Limit of certain deductions
95. Deduction from public money due to a person
96. Pay and allowances of prisoner of war during inquiry into his conduct
97. Remission of deductions
98. Provision for dependants of prisoner of war where remission is made
99. Provision for dependants of prisoner of war from his pay and allowances
100. Period during which a person is deemed to be a prisoner of war
CHAPTER IX
ARREST AND PROCEEDINGS BEFORE TRIAL
101. Custody of offenders
102. Duty of commanding officer in regard to detention
103. Interval between committal and trial
104. Arrest by civil authorities
105. Capture of deserters
106. Inquiry into absence without leave
106A. Inquiry into any other matter
107. Provost-marshals
CHAPTER X
COURTS-MARTIAL
108. Different kinds of courts-martial
109. Powers to convene a general court-martial
110. Power to convene a district court-martial
111. Limitations of powers of convening authorities
112. Power to convene a field general court-martial
113. Composition of general court-martial
114. Composition of district court-martial
115. Composition of field general court-martial
116. Dissolution of court-martial
117. Powers of general and field general courts-martial
118. Powers of district court-martial
119. Prohibition of second trial
120. Period of limitation for trial
121. Liability of offender who ceases to be subject to the Act
122. Place of trial
123. Order in case of concurrent jurisdiction of criminal court and court-martial
124. Power of criminal court to require delivery of offender
125. [Omitted.]
CHAPTER XI
PROCEDURE OF COURTS-MARTIAL
126. President
127. Judge Advocate
128. Challenges
129. Oaths of members, judge advocate and witnesses
130. Voting by members
131. General rules as to evidence
132. Judicial notice
133. Summoning witnesses
134. Documents exempted from production
135. Commission for the examination of witness
136. [Omitted.]
137. Conviction of offence not charged
138. Presumption as to signature
139. Enrolment paper
140. Presumption as to certain documents
141. Reference by accused to Government officer
142. Evidence of previous convictions and general character
143. Lunacy of accused
144. Subsequent fitness of lunatic accused for trial
145. Transmission to Government of orders under section 144
146. Release of lunatic accused
147. Delivery of lunatic accused to relatives
148. Order for custody and disposal of property pending trial
149. Order for disposal of property regarding which offence is committed
150. Trial by court-martial to be deemed judicial proceeding, etc.
CHAPTER XII
CONFIRMATION AND REVISION
151. Finding and sentence not valid unless confirmed
152. Power to confirm finding and sentence of general court-martial
153. Power to confirm finding and sentence of district court-martial
154. Limitation of powers of confirming authority
155. Power to confirm finding and sentence of field general court-martial
156. Power of confirming authority to mitigate, remit or commute sentences
157. Confirmation of finding and sentence on board a ship
158. Revision of finding and sentence
159. Alteration of finding or sentence in certain cases
160. Remedy against order, finding or sentence of court-martial
161. Annulment of proceedings
162. Bar of Appeals
CHAPTER XIII
EXECUTION OF SENTENCES
163. Form of sentence of death
164. Commencement of sentence of imprisonment or detention
165. Execution of sentence of imprisonment
166. Execution of sentence of imprisonment in special cases
167. Execution of sentence of detention
168. Interim custody of persons under sentence of death, imprisonment or detention
169. Authority for committal and transfer of prisoners
170. Conveyance of prisoners from place to place
171. Communication of certain orders to prison officers
172. Execution of sentence of fine
173. Establishment and regulation of Air Force prisons or detention barracks
174. Power to make rules in respect of prisons and prisoners
175. Restriction of rule-making power in respect of corporal punishment
176. Informality or error in the order or warrants
CHAPTER XIV
PARDONS, REMISSIONS AND SUSPENSION
177. Pardon and remission
178. Cancellation of conditional pardon or remission
179. Reduction of non-commissioned officer
180. Suspension of sentence of imprisonment or detention
181. Orders pending suspension
182. Release on suspension
183. Computation of period of suspension
184. Order after suspension
185. Reconsideration of case after suspension
186. Fresh sentence after suspension
187. Scope of power of suspension
188. Effect of suspension and remission on dismissal
CHAPTER XV
PROPERTY OF DECEASED PERSONS, DESERTERS AND LUNATICS
189. Property of deceased persons and deserters (other than officers and warrant officers)
190. Disposal of certain property without production of probate, etc. (other than officers and warrant officers)
191. Application of sections 189 and 190 to lunatics, etc.
192. Property of officers and warrant officers who die or desert
193. Powers of Committee of Adjustment
194. Disposal of surplus by the prescribed person
195. Disposal of certain property without production of probate, etc. (of officers and warrant officers)
196. Discharge of Committee, prescribed person and the Government
197. 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
198. Saving of rights of representative
199. Application of sections 193 to 198 to lunatics, etc.
200. Appointment of Standing Committee of Adjustment when officers die or desert while on active service
201. Interpretations
CHAPTER XVI
RULES
202. Power to make rules
203. Power to make regulations
204. [Omitted.]
CHAPTER XVII
TRANSITORY PROVISIONS
205. [Omitted.]
206. [Omitted.]
 
 

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