The Railway Nirapatta Bahini Ordinance, 1976

An Ordinance to provide for the constitution of a Force for the better protection and security of railway property and for the regulation thereof.

Ordinance NO. XLVII OF 1976

28th June, 1976

Sections

An Ordinance to provide for the constitution of a Force for the better protection and security of railway property and for the regulation thereof. WHEREAS it is expedient to provide for the constitution of a Force for the better protection and security of railway property and for the regulation thereof and for matters connected therewith; NOW, THEREFORE, in pursuance of the Proclamations of the 20th August, 1975, and 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:—

Section 1. Short title and commencement

(1) This Ordinance may be called the Railway Nirapatta Bahini Ordinance, 1976.

(2) It shall come into force on such date as the Government may, by notification in the official Gazette, appoint.

Section 2. Definitions

In this Ordinance, unless there is anything repugnant in the subject or context,ÔÇö

(a) “Chief Commandant” means the Chief Commandant of the Force appointed under section 4;

(b) “Force” means the Railway Nirapatta Bahini constituted under section 3;

(d) “Prescribed” means prescribed by rules made under this Ordinance;

(e) “railway property” includes any goods, money or valuable security, or animal, belonging to, or in the charge or possession of, the railway administration;

(f) “superior officer” means any of the officers of the Force appointed under section 4;

(g) words and expressions used but not defined in this Ordinance and defined in the Railways Act, 1890 (IX of 1890), shall have the meanings respectively assigned to them under that Act.

Section 3. Constitution of the Force

(1) There shall be constituted and maintained by the Government a Force to be called the Railway Nirapatta Bahini for the better protection and security of railway property.

(2) The Force shall be constituted in such manner and shall consist of such number of superior officers and members as may be prescribed.

Section 4. Appointment of superior officers

(1) The Government shall appoint a Chief Commandant of the Force, and may appoint one or more Commandants and Assistant Commandants of the Force.

(2) The appointment of the Chief Commandant and other superior officers shall be made in such manner and on such terms and conditions as may be prescribed.

(3) The Chief Commandant and every other superior officer shall possess and exercise such powers and authority over the members of the Force under their respective commands as is provided by or under this Ordinance.

Section 5. Classes and ranks of members of the Force

There may be all or any of the following classes of officers and other ranks among the members of the Force, who shall take rank in the order mentioned, namely:ÔÇö

A. Classes of officersÔÇö

(i) Chief Inspector,

(ii) Inspector,

(iii) Sub-Inspector,

(iv) Assistant Sub-Inspector;

B. Classes of other ranksÔÇö

(i) Havildar,

(ii) Naik,

(iii) Prohari.

Section 6. Appointment of members of the Force

(1) The appointment of members of the Force shall be made by the Chief Commandant in such manner and on such terms and conditions as may be prescribed:

Provided that the power of appointment under this section may also be exercised by such other superior officer as the Chief Commandant may by order specify in this behalf.

(2) Every member of the Force shall, on appointment, receive a certificate in the form set out in the Schedule under the seal and signature of the Chief Commandant or such other superior officer as the Chief Commandant may specify in this behalf.

(3) A certificate of appointment shall stand cancelled whenever the person named therein ceases for any reason to be a member of the Force and shall remain inoperative during the period of his suspension from the Force.

Section 7. Superintendence and administration of the Force

The superintendence of the Force shall vest in the Government, and subject thereto the administration of the Force shall vest in the Chief Commandant who shall discharge his functions in accordance with the provisions of this Ordinance and of any rules made thereunder and under the general supervision of the General Manager of the Bangladesh Railway.

Section 8. Punishment to members of the Force

(1) Subject to the provisions of article 135 of the Constitution and to such rules as may be made by the Government in this behalf, any superior officer may, by order in writing stating reasons therefor, award any one or more of the following punishments to any member of the Force whom he finds to be guilty of disobedience, breach of discipline, misconduct, corruption, neglect of duty or remissness in the discharge of any duty, or of any act rendering him unfit for the discharge of his duty, namely:ÔÇö

(a) dismissal from service;

(b) removal from service;

(d) reduction in rank or grade;

(e) stoppage of promotion;

(f) forfeiture of seniority for not more than one year;

(g) forfeiture of pay and allowances for not exceeding one month;

(h) forfeiture of increment in pay;

(i) fine to any amount not exceeding one month's pay;

(j) confinement to quarters for a period not exceeding fourteen days with or without punishment, drill, extra guard, fatigue or other duty;

(k) censure.

(2) Any superior officer may place under suspension any member of the Force against whom action under sub-section (1) is required to be taken or against whom any inquiry is required to be made.

(3) An appeal against any order passed under sub-section (1) shall lie to-

(a) the General Manager of the Bangladesh Railway, if the order is passed by the Chief Commandant;

(b) the Chief Commandant, if the order is passed by any other superior officer.

Section 9. Superior officers and members of the Force to be deemed to be railway servants

Subject to the provisions of this Ordinance, the Chief Commandant and every other superior officer and every member of the Force shall for all purposes be deemed to be railway servants within the meaning of the Railways Act, 1890 (IX of 1890), other than Chapter VIA thereof, and shall be entitled to exercise the powers conferred on railway servants by or under that Act.

Section 10. Duties of superior officers and members of the Force

It shall be the duty of every superior officer and member of the ForceÔÇö

(a) promptly to execute all orders lawfully issued to him by his superior authority;

(b) to protect and safeguard railway property;

(d) to do any other act conducive to the better protection and security of railway property.

Section 11. Power to arrest without warrant

Any superior officer or member of the Force may, without any order from a Magistrate and without a warrant, arrest-

(a) any person who has been concerned in an offence relating to railway property punishable with imprisonment for a term exceeding six months, or against whom a reasonable suspicion exists of his having been so concerned; or

(b) any person found taking precautions to conceal his presence within railway limits under circumstances which afford reason to believe that he is taking such precautions with a view to committing theft of, or damage to, railway property.

Section 12. Power to search without warrant

(1) Whenever any superior officer, or any member of the Force, not below the rank of Havildar, has reason to believe that any such offence as is referred to in section 11 has been or is being committed and that a search-warrant cannot be obtained without affording the offender an opportunity of escaping or of concealing evidence of the offence, he may detain him and search his person and belongings forthwith and, if he thinks proper, arrest any person whom he has reason to believe to have committed the offence.

(2) The provisions of the Code of Criminal Procedure, 1898 (V of 1898), relating to searches under that Code shall, so far as may be, apply to searches under this section.

Section 13. Procedure to be followed after arrest

Any superior officer or member of the Force making an arrest under this Ordinance shall, without unnecessary delay, make over the person so arrested to a police officer, or, in the absence of a police officer, take such person or cause such person to be taken to the nearest police-station.

Section 14. Superior officers and members of the Force to be considered always on duty and liable to be employed in any part of the railways

(1) Every superior officer and member of the Force shall, for the purpose of this Ordinance, be considered to be always on duty, and shall, at any time, be liable to be employed in any part of the railways throughout Bangladesh.

(2) No superior officer or member of the Force shall engage himself in any employment other than his duties under this Ordinance.

Section 15. Superior officers and members of the Force not to form any trade union

Notwithstanding anything contained in any other law for the time being in force, superior officers and members of the Force shall have no right to form any trade union or to be members or officers of any trade union.

Section 16. Penalties for neglect of duty, etc.

Without prejudice to the provisions of section 8, any member of the Force who is guilty of cowardice or of any violation of duty or wilful breach of any provision of law or of any rule, regulation or order which it is his duty as such member to observe or obey or who withdraws himself from the duties of his office without permission, or who, being absent on leave, fails, without reasonable cause, to report himself for duty on the expiration of the leave, or who engages himself without authority in any employment other than his duty as a member of the Force, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand taka, or with both.

Section 17. Indemnity

No superior officer or member of the Force shall be liable to any penalty or to payment of any damage on account of an act done in good faith in pursuance or intended pursuance of any duty imposed or any authority conferred on him by any provision of this Ordinance or of any rule made thereunder.

Court’s jurisdiction barred in respect of certain orders

¹17A. No order passed under any of the provisions of section 8 shall be called in question in any court.

Section 18. Limitation of Legal proceedings

Notwithstanding anything contained in any other law for the time being in force, any legal proceeding, whether civil or criminal, which may lawfully be brought against any superior officer or member of the Force for anything done or intended to be done under the powers conferred by, or in pursuance of, any provision of this Ordinance or the rules made thereunder shall be commenced within three months after the act complained of shall have been committed, and not otherwise; and notice in writing of such proceeding and of the cause thereof shall be given to the person concerned and his superior officer at least one month before the commencement of such proceeding.

Section 19. Power to make rules

The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance.

Section 20. Provisions relating to existing Railway Nirapatta Bahini

(1) The Railway Nirapatta Bahini in existence at the commencement of this Ordinance shall be deemed to be the Force constituted under this Ordinance.

(2) The Chief Commandant, Commandants, Assistant Commandants, Chief Inspectors, Inspectors, Sub-Inspectors, Assistant Sub-Inspectors, Havildars, Naiks and Prohoris of the Railway Nirapatta Bahini in existence at the commencement of this Ordinance shall be deemed to have been appointed as such under this Ordinance.

(3) Anything done or any action taken before the commencement of this Ordinance in relation to the constitution of the Railway Nirapatta Bahini referred to in sub-section (1) and in relation to any person appointed thereto shall be as valid and as effective in law as if such thing or action was done or taken under this Ordinance:

Provided that nothing in this sub-section shall render any person guilty of any offence in respect of anything done or committed to be done by him before the commencement of this Ordinance.