THE DEFENCE SERVICES LAWS AMENDMENT ORDINANCE, 1978

(ORDINANCE NO. XVIII OF 1978).
  [12th June, 1978]
 
   
     
     An Ordinance further to amend the Navy (Extension of Service) Act, 1950, the Army and Air Force Reserves Act, 1950, the Army Act, 1952, the Air Force (Extension of Service) Act, 1952, the Air Force Act, 1953, and the Navy Ordinance, 1961.
 
    WHEREAS it is expedient further to amend the Navy (Extension of Service) Act, 1950 (XXIV of 1950), the Army and Air Force Reserves Act, 1950 (XLVII of 1950), the Army Act, 1952 (XXXIX of 1952), the Air Force (Extension of Service) Act, 1952 (XLVI of 1952), the Air Force Act, 1953 (VI of 1953), and the Navy Ordinance, 1961 (XXXV of 1961), for the purposes hereinafter appearing;



NOW, THEREFORE, in pursuance of the Proclamations of the 20th August, 1975, and the 8th November, 1975, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-
   
 
 
 
  Short title  
1. This Ordinance may be called the Defence Services Laws Amendment Ordinance, 1978.
 
 
 
  Amendment of Act XXIV of 1950  
2. In the Navy (Extension of Service) Act, 1950,-



(a) throughout the Act, unless otherwise provided, for the word “Pakistan” the word “Bangladesh” shall be substituted;



(b) in section 1, in sub-section (1), the word “Pakistan” shall be omitted;



(c) in section 2, for the words “Central Government” the word “Government” shall be substituted; and



(d) section 3 shall be omitted.
 
 
 
  Amendment of Act XLVII of 1950  
3. In the Army and Air Force Reserves Act, 1950 (XLVII of 1950),-

(a) throughout the Act, unless otherwise provided,-



(i) for the word “Pakistan” the word “Bangladesh” shall be substituted; and



(ii) for the words “Central Government” the word “Government” shall be substituted;



(b) in section 1, for the words and brackets “Pakistan (Army and Air Force)” the words “Army and Air Force” shall be substituted;



(c) in section 4,-



(i) the words, comma and the figures “Indian Army Act, 1911 or the Pakistan” shall be omitted; and



(ii) the words, comma and figures “Indian Air Force Act, 1932 or the Pakistan” shall be omitted; and



(d) for section 7 the following shall be substituted, namely:-



“7. Power to make regulations.- The Government may make regulations for all or any of the purposes of this Act, other than those specified in section 6.”.
 
 
 
  Amendment of Act XXXIX of 1952  
4. In the Army Act, 1952 (XXXIX of 1952),-



(a) throughout Act, unless otherwise provided,-



(i) for the word “Pakistan” the word “Bangladesh” shall be substituted;



(ii) for the words, comma and figures “Pakistan Navy Ordinance, 1961” the words, comma and figures “Navy Ordinance, 1961” shall be substituted;



(iii) for the words, comma and figures “Pakistan Air Force Act, 1953” the words, comma and figures “Air Force Act, 1953” shall be substituted;



(iv) the words, commas and figures “the Indian Air Force Act, 1932, or” shall be omitted;

(v) for the word “rupees” the word “Taka” shall be substituted; and



(vi) for the words “Central Government” the word “Government” shall be substituted;



(b) in section 1, in sub-section (1), the word “Pakistan” shall be omitted;



(c) in section 2, in sub-section (1), in clause (b), the word “Indian” shall be omitted;



(d) in section 3, in sub-section (2), for the word “inferior” the word “lower” shall be substituted;



(e) in section 4, in the proviso, for the word “inferior” the word “lower” shall be substituted;



(f) section 6 shall be omitted;



(g) in section 8, in clause (17), for the words “Pakistan Penal Code” the words “Penal Code” shall be substituted;



(h) section 15A shall be omitted;



(i) in section 19, for the word “English” the word “Bengali” shall be substituted;



(j) in section 23, in sub-section (1), for the words “officers by whom” the words and comma “officers, junior commissioned officers or non-commissioned officers by whom” shall be substituted;



(k) in sections 57 and 58 , for the words “before in this Act specified” wherever occurring the words “specified in this Act” shall be substituted;



(l) in sections 114 and 117, for the words “service of the Government” the words “service of the Republic” shall be substituted;



(m) in section 172, for the words, brackets, commas and figures “Pakistan (Army and Air Force) Reserves Act, 1950,” the words, commas and figures “Army and Air Force Reserves Act, 1950,” shall be substituted;

(n) sections 177, 178 and 179 shall be omitted; and



(o) the Schedule shall be omitted.
 
 
 
  Amendment of Act XLVI of 1952  
5. In the Air Force (Extension of Service) Act, 1952 (XLVI of 1952),-



(a) throughout the Act, unless otherwise provided, for the word “Pakistan” the word “Bangladesh” shall be substituted;



(b) in section 1, in sub-section (1), the word “Pakistan” shall be omitted; and



(c) in section 2,-



(i) for the words “Central Government” the word “Government” shall be substituted; and



(ii) the words, comma and figures “Indian Air Force Act, 1932 or the Pakistan” shall be omitted.
 
 
 
  Amendment of Act VI of 1953  
6. In the Air Force Act, 1953 (VI of 1953),-



(a) throughout the Act, unless otherwise provided,-



(i) for the word “Pakistan” the word “Bangladesh” shall be substituted;



(ii) for the words “Central Government” the word “Government” shall be substituted;



(iii) for the words “Pakistan Penal Code” the words “Penal Code” shall be substituted; and



(iv) for the word “rupees” the word “Taka” shall be substituted;



(b) in section 1, in sub-section (1), the word “Pakistan” shall be omitted;



(c) in section 2,-



(i) in clause (a), for the words “officers and” the words and comma “officers, master warrant officers and” shall be substituted;

(ii) in clause (b), the word “Indian” shall be omitted;



(iii) in clause (c), for the words, brackets, comma and figures “Pakistan (Army and Air Force) Reserves Act, 1950” the words, comma and figures “Army and Air Force Reserves Act, 1950” shall be substituted; and



(iv) in clause (e), the word “Pakistan” twice occurring shall be omitted;



(d) in section 4,-



(i) in clause (iv), for the words “Warrant officer” the words and comma “master warrant officers, warrant officers” shall be substituted;



(ii) in clause (viii), for the words “or a warrant officer” the words “or a master warrant officer or a warrant officer” shall be substituted;



(iii) clause (xix) shall be omitted;



(iv) after clause (xx), the following new clause shall be inserted, namely:-



“(xxa) “master warrant officer” means a person commissioned, gazetted or in pay as a master warrant officer of the Air Force and includes and acting master warrant officer, and a master warrant officer of the Bangladesh Air Force Volunteer Reserve who is for the time being subject to this Act;”;



(v) in clauses (xxiv) and (xxix), for the words “warrant officer” the words and comma “master warrant officer, warrant officer” shall be substituted; and



(vi) in clause (xxx), for the words “warrant officers” the words and comma “master warrant officers, warrant officers” shall be substituted;



(e) in section 6,-



(i) after the word and comma “officers,” the words and comma “master warrant officers,” shall be inserted; and



(ii) in sub-section (2), for the word “inferior” the word “lower” shall be substituted;

(f) in section 7, in sub-section (2), for the word “inferior” the word “lower” shall be substituted;



(g) in section 11, for the words “warrant officer” the words “master warrant officer or a warrant officer” shall be substituted;



(h) for section 12, the following shall be substituted, namely:-



“12. Ineligibility of aliens for enrolment.- No person who is not a citizen of Bangladesh shall, except with the consent of the Government signified in writing, be granted a Commission or junior commission or be enrolled in the Air Force.”;



(i) in section 26,-



(i) in sub-section (1), for the words, “Warrant officer”, the words “Master warrant officer or warrant officer” shall be substituted; and



(ii) in sub-section (2), after the word “aggrieved” the words “master warrant officer or” shall be inserted;



(j) in section 45, after the words “Any officer or” the words “master warrant officer or” shall be inserted;



(k) in sections 47 and 61, after the words and comma “Any officer,” the words and comma “master warrant officer,” shall be inserted;



(l) in section 73, in clauses (g) and (i), after the word and comma “officers,” the words and comma “master warrant officers,” shall be inserted;



(m) in section 76, after the words “officer or a” the words “master warrant officer or a” shall be inserted;



(n) in section 82, for the words “warrant officer” the words “master warrant officer or warrant officer” shall be substituted;



(o) in section 107, in sub-section (4), the word “Pakistan” twice occurring shall be omitted;



(p) in section 118, for the words “warrant officer” the words “master warrant officer or warrant officer” shall be substituted;

(q) in section 134, for the words “High Court” twice occurring the words “High Court Division” shall be substituted;



(r) in section 138, for the words “service of the Government” the words “service of the Republic” shall be substituted;



(s) in section 140, in sub-section (2), for the words “warrant officers” the words “master warrant officers or warrant officers” shall be substituted;



(t) in section 141, in sub-section (1), for the words “service of the Government” the words “service of the Republic” shall be substituted;



(u) in section 147, for the words “that Government” the words “the Government” shall be substituted;



(v) in section 189, after the words “officer or” the words “master warrant officer or” shall be inserted;



(w) in section 191, for the words “warrant officer” the words “master warrant officer or warrant officer” shall be substituted;



(x) in section 192, for the words “and warrant officers” the comma and words “,master warrant officers and warrant officers” shall be substituted;



(y) in sections 193, 195, 196, 198, 199 and 200, for the words “warrant officer” wherever occurring, the words “master warrant officer or warrant officer” shall be substituted; and



(z) sections 204, 205 and 206 shall be omitted.
 
 
 
  Amendment of Ordinance XXXV of 1961  
7. In the Navy Ordinance, 1961 (Ord. XXXV of 1961), in section 53, for the words “High Court” the words “High Court Division” shall be substituted.
 
 
 
 
 

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Ministry of Law, Justice and Parliamentary Affairs