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In forceACT NO. VI OF 1953 · 15th April, 1953

The Air Force Act, 1953

বিমানবাহিনী আইন, 1953

An Act to consolidate and amend the law relating to the government and discipline of the Bangladesh Air Force.♣♠ ♦

Contents

  1. PreamblePreamble

Chapter I PRELIMINARY

  1. Section 1Short title and commencement
  2. Section 2Persons subject to this Act
  3. Section 3Termination of application of the Act
  4. Section 3ASecondment to Army or Navy
  5. Section 4Definitions

Chapter II SPECIAL PROVISIONS FOR THE APPLICATION OF ACT IN CERTAIN CASES

  1. Section 5Application of Act to certain forces under the Government
  2. Section 6Special provision as to rank in certain cases
  3. Section 7Commanding officers of persons subject to Air Force law under clause (d) of section 2
  4. Section 8Officers exercising powers in certain cases
  5. Section 9Exercise of powers vested in holder of Air Force office
  6. Section 10Power to declare persons to be on active service

Chapter III COMMISSION, APPOINTMENT AND ENROLMENT

  1. Section 11Commission and appointment
  2. Section 12Ineligibility of aliens for enrolment
  3. Section 13Procedure before enrolling officer
  4. Section 14Mode of enrolment
  5. Section 15Validity of enrolment
  6. Section 16Persons to be attested
  7. Section 17Mode of attestation

Chapter IV CONDITIONS OF SERVICE

  1. Section 18Tenure of service under the Act
  2. Section 19Termination of service by Government
  3. Section 20Dismissal, removal or reduction by Commander of Air Staff or other officers
  4. Section 21Retirement, release or discharge
  5. Section 22Certificate on termination of service
  6. Section 23Discharge or dismissal when out of Bangladesh
  7. Section 24Power to modify certain fundamental rights in their application to persons subject to this Act

Chapter V SERVICE PRIVILEGES

  1. Section 25Authorised deductions only to be made from pay
  2. Section 26Remedy of aggrieved warrant officers and airmen
  3. Section 27Remedy of aggrieved officers
  4. Section 28Immunity from attachment
  5. Section 29Immunity from arrest for debt
  6. Section 30Immunity of persons attending courts-martial from arrest
  7. Section 31Privileges of reservists
  8. Section 32Priority in respect of Air Force personnel’s litigation
  9. Section 33Saving of rights and privileges under other laws

Chapter VI OFFENCES

  1. Section 34Offences in relation to the enemy and punishable with death
  2. Section 35Offences in relation to the enemy and not punishable with death
  3. Section 36Offences punishable more severely on active service than at other terms
  4. Section 37Mutiny
  5. Section 38Desertion and aiding desertion
  6. Section 39Absence without leave
  7. Section 40Striking or threatening superior officer
  8. Section 41Disobedience to superior officer
  9. Section 42Insubordination and obstruction
  10. Section 43Fraudulent enrolment
  11. Section 44False answers on enrolment
  12. Section 45Unbecoming conduct
  13. Section 46Certain forms of disgraceful conduct
  14. Section 47Ill- treating a subordinate
  15. Section 48Intoxication
  16. Section 49Permitting escape of person in custody
  17. Section 50Irregularity in connection with arrest or confinement
  18. Section 51Escape from custody
  19. Section 52Offences in respect of property
  20. Section 53Extortion and corruption
  21. Section 54Making away with equipment
  22. Section 55Injury to property
  23. Section 56False accusation
  24. Section 57Falsifying official document and false declaration
  25. Section 58Signing in blank and failure to report
  26. Section 59Offences relating to courts-martial
  27. Section 60False evidence
  28. Section 61Unlawful detention of pay
  29. Section 62Offences in relation to aircraft and flying
  30. Section 63Other offences relating to aircraft and flying
  31. Section 64Disobedience of lawful command of captain of aircraft
  32. Section 65Violation of good order and Air Force discipline
  33. Section 66Miscellaneous offences
  34. Section 67Attempt
  35. Section 68Abetment of offences that have been committed
  36. Section 69Abetment of offences punishable with death and not committed
  37. Section 70Abetment of offences punishable with imprisonment and not committed
  38. Section 71Civil offences
  39. Section 72Civil offences not triable by courts-martial

Chapter VII PUNISHMENTS

  1. Section 73Punishments awardable by courts-martial
  2. Section 74Alternate punishments awardable by courts-martial
  3. Section 75Combination of punishments
  4. Section 76Dismissal of officers and warrant officers
  5. Section 77Field punishment
  6. Section 78Position of field punishment in scale of punishments
  7. Section 79Result of certain punishments in the case of a non-commissioned officer
  8. Section 80Retention in the ranks of a person convicted on active service
  9. Section 81Punishments otherwise than by court-martial
  10. Section 82Punishment of persons other than officers and warrant officers
  11. Section 83Requirement of sanction in certain cases
  12. Section 84Limit of punishments under section 82
  13. Section 85Punishments in addition to those specified in section 82
  14. Section 86Punishment of officers and warrant officers
  15. Section 87Transmission of proceedings
  16. Section 88Review of proceedings
  17. Section 89Superior Air Force authority

Chapter VIII PENAL DEDUCTIONS

  1. Section 90Deduction from pay and allowances of officers
  2. Section 91Deductions from pay and allowances of warrant officers and airmen
  3. Section 92Computation of time of absence or custody
  4. Section 93Pay and allowances during trial
  5. Section 94Limit of certain deductions
  6. Section 95Deduction from public money due to a person
  7. Section 96Pay and allowances of prisoner of war during inquiry into his conduct
  8. Section 97Remission of deductions
  9. Section 98Provision for dependants of prisoner of war where remission is made
  10. Section 99Provision for dependants of prisoner of war from his pay and allowances
  11. Section 100Period during which a person is deemed to be a prisoner of war

Chapter IX ARREST AND PROCEEDINGS BEFORE TRIAL

  1. Section 101Custody of offenders
  2. Section 102Duty of commanding officer in regard to detention
  3. Section 103Interval between committal and trial
  4. Section 104Arrest by civil authorities
  5. Section 105Capture of deserters
  6. Section 106AInquiry into any other matter
  7. Section 106Inquiry into absence without leave
  8. Section 107Provost-marshals

Chapter X COURTS-MARTIAL

  1. Section 108Different kinds of courts-martial
  2. Section 109Powers to convene a general court-martial
  3. Section 110Power to convene a district court-martial
  4. Section 111Limitations of powers of convening authorities
  5. Section 112Power to convene a field general court-martial
  6. Section 113Composition of general court-martial
  7. Section 114Composition of district court-martial
  8. Section 115Composition of field general court-martial
  9. Section 116Dissolution of court-martial
  10. Section 117Powers of general and field general courts-martial
  11. Section 118Powers of district court-martial
  12. Section 119Prohibition of second trial
  13. Section 120Period of limitation for trial
  14. Section 121Liability of offender who ceases to be subject to the Act
  15. Section 122Place of trial
  16. Section 123Order in case of concurrent jurisdiction of criminal court and court-martial
  17. Section 124Power of criminal court to require delivery of offender
  18. Section 125[Omitted.]Repealed

Chapter XI PROCEDURE OF COURTS-MARTIAL

  1. Section 126President
  2. Section 127Judge Advocate
  3. Section 128Challenges
  4. Section 129Oaths of members, judge advocate and witnesses
  5. Section 130Voting by members
  6. Section 131General rules as to evidence
  7. Section 132Judicial notice
  8. Section 133Summoning witnesses
  9. Section 134Documents exempted from production
  10. Section 135Commission for the examination of witness
  11. Section 136[Omitted.]Repealed
  12. Section 137Conviction of offence not charged
  13. Section 138Presumption as to signature
  14. Section 139Enrolment paper
  15. Section 140Presumption as to certain documents
  16. Section 141Reference by accused to Government officer
  17. Section 142Evidence of previous convictions and general character
  18. Section 143Lunacy of accused
  19. Section 144Subsequent fitness of lunatic accused for trial
  20. Section 145Transmission to Government of orders under section 144
  21. Section 146Release of lunatic accused
  22. Section 147Delivery of lunatic accused to relatives
  23. Section 148Order for custody and disposal of property pending trial
  24. Section 149Order for disposal of property regarding which offence is committed
  25. Section 150Trial by court-martial to be deemed judicial proceeding, etc.

Chapter XII CONFIRMATION AND REVISION

  1. Section 151Finding and sentence not valid unless confirmed
  2. Section 152Power to confirm finding and sentence of general court-martial
  3. Section 153Power to confirm finding and sentence of district court-martial
  4. Section 154Limitation of powers of confirming authority
  5. Section 155Power to confirm finding and sentence of field general court-martial
  6. Section 156Power of confirming authority to mitigate, remit or commute sentences
  7. Section 157Confirmation of finding and sentence on board a ship
  8. Section 158Revision of finding and sentence
  9. Section 159Alteration of finding or sentence in certain cases
  10. Section 160Remedy against order, finding or sentence of court-martial
  11. Section 161Annulment of proceedings
  12. Section 162Bar of Appeals

Chapter XIII EXECUTION OF SENTENCES

  1. Section 163Form of sentence of death
  2. Section 164Commencement of sentence of imprisonment or detention
  3. Section 165Execution of sentence of imprisonment
  4. Section 166Execution of sentence of imprisonment in special cases
  5. Section 167Execution of sentence of detention
  6. Section 168Interim custody of persons under sentence of death, imprisonment or detention
  7. Section 169Authority for committal and transfer of prisoners
  8. Section 170Conveyance of prisoners from place to place
  9. Section 171Communication of certain orders to prison officers
  10. Section 172Execution of sentence of fine
  11. Section 173Establishment and regulation of Air Force prisons or detention barracks
  12. Section 174Power to make rules in respect of prisons and prisoners
  13. Section 175Restriction of rule-making power in respect of corporal punishment
  14. Section 176Informality or error in the order or warrants

Chapter XIV PARDONS, REMISSIONS AND SUSPENSION

  1. Section 177Pardon and remission
  2. Section 178Cancellation of conditional pardon or remission
  3. Section 179Reduction of non-commissioned officer
  4. Section 180Suspension of sentence of imprisonment or detention
  5. Section 181Orders pending suspension
  6. Section 182Release on suspension
  7. Section 183Computation of period of suspension
  8. Section 184Order after suspension
  9. Section 185Reconsideration of case after suspension
  10. Section 186Fresh sentence after suspension
  11. Section 187Scope of power of suspension
  12. Section 188Effect of suspension and remission on dismissal

Chapter XV PROPERTY OF DECEASED PERSONS, DESERTERS AND LUNATICS

  1. Section 189Property of deceased persons and deserters (other than officers and warrant officers)
  2. Section 190Disposal of certain property without production of probate, etc. (other than officers and warrant officers)
  3. Section 191Application of sections 189 and 190 to lunatics, etc.
  4. Section 192Property of officers and warrant officers who die or desert
  5. Section 193Powers of Committee of Adjustment
  6. Section 194Disposal of surplus by the prescribed person
  7. Section 195Disposal of certain property without production of probate, etc. (of officers and warrant officers)
  8. Section 196Discharge of Committee, prescribed person and the Government
  9. Section 197Property 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
  10. Section 198Saving of rights of representative
  11. Section 199Application of sections 193 to 198 to lunatics, etc.
  12. Section 200Appointment of Standing Committee of Adjustment when officers die or desert while on active service
  13. Section 201Interpretations

Chapter XVI RULES

  1. Section 202Power to make rules
  2. Section 203Power to make regulations
  3. Section 204[Omitted.]Repealed

Chapter XVII TRANSITORY PROVISIONS

  1. Section 205[Omitted.]Repealed
  2. Section 206[Omitted.]Repealed