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THE NAVY ORDINANCE, 1961

(ORDINANCE NO. XXXV OF 1961).
  Part No : Chapter No : Section No: [ 8th September, 1961  
  
     An Ordinance to consolidate and amend the law relating to the government and discipline of the Bangladesh Navy. 1 2
 
    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
 
CHAPTER I
PRELIMINARY
1. Short title and commencement
2. Persons subject to this Ordinance
3. Secondment to Army or Air Force
4. Definitions
CHAPTER II
SPECIAL PROVISIONS FOR THE APPLICATION OF THIS ORDINANCE IN CERTAIN CASES
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
CHAPTER III
APPOINTMENT, COMMISSION AND ENROLMENT
10. Eligibility for employment
11. Appointment and commission
12. Enrolment and Junior Commission
13. Validity of Enrolment
14. Attestation
CHAPTER IV
CONDITIONS OF SERVICE
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
CHAPTER V
SERVICE PRIVILEGES
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
CHAPTER VI
OFFENCES
(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
CHAPTER VII
PUNISHMENTS
80. Scale of punishments
81. Provision as to award of punishment
CHAPTER VIII
PENAL DEDUCTIONS
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
CHAPTER IX
ARREST AND PROCEEDINGS BEFORE TRIAL
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
CHAPTER X
AUTHORITIES HAVING POWER TO AWARD PUNISHMENT
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
CHAPTER XI
PROCEDURE OF COURTS-MARTIAL
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
CHAPTER XII
CONFIRMATION, REVISION AND REVIEW
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
CHAPTER XIII
EXECUTION OF SENTENCES
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
CHAPTER XIV
PARDONS, REMISSIONS AND SUSPENSION
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
CHAPTER XV
PROPERTY OF DECEASED PERSONS, DESERTERS AND LUNATICS
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
CHAPTER XVI
RULES
177. Power to make rules
178. Power to make regulations
179. [Repealed]
CHAPTER XVII
TRANSITORY PROVISIONS
180. [Omitted.]
181. [Omitted.]
SCHEDULE
 
 

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