The Bangladesh Rifles (Special Provisions) Ordinance, 1976

An Ordinance to provide for special provisions for maintaining discipline among certain members of the Bangladesh Rifles. WHEREAS it is expedient to provide for special provisions for maintaining discipline among certain members of the Bangladesh Rifles; 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:-

Section 1. Short title

This Ordinance may be called the Bangladesh Rifles (Special Provisions) Ordinance, 1976.

Section 2. Definitions

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

Section 3. Application of other laws not barred

The provisions of this Ordinance shall be in addition to, and not in derogation of, the Bangladesh Rifles Order, 1972(P.O. No. 148 of 1972).

Section 4. Offences

Where a member is guilty of -

the authority concerned specified in column 2 of the First Schedule may impose on such member any of the penalties mentioned in section 5.

Section 5. Penalties

The following shall be the penalties which may be imposed upon a member under this Ordinance, namely:-

Section 6. Inquiry

(1) When a member is to be proceeded against any of the offences mentioned in section 4, the authority concerned specified in column 2 of the First Schedule shall frame a charge and specify therein the penalty proposed to be imposed and communicate it to the member, hereinafter called the accused, requiring him to show cause within a specified time which shall not be less than seven days and not more than ten days from the date the charge has been communicated to him why the penalty proposed to be imposed on him shall not be imposed and also state whether he desires to be heard in person.

(2) If, after consideration of the cause shown by the accused, if any, and hearing him in person, if the accused so desires, the authority concerned finds the accused guilty of the charge, he shall, within twenty days of the receipt of the explanation, impose upon the accused the proposed penalty or any other lesser penalty under section 5.

Section 7. Appeal

³* * * A member on whom a penalty has been imposed under section 6 may, within seven days of the receipt of the order of punishment, appeal against the order imposing upon him any penalty under section 4 to the appellate authority concerned specified in column 3 of the First Schedule, who shall, within fifteen days of the date of appeal, communicate to the appellant his decision which shall be final ⁴:

Provided that where, in any case, the order imposing penalty has been made by the Government, the member on whom the penalty has been imposed may apply to the Government for review of the order.

Section 8. Discharge, etc., of members without assigning reasons

If the authority specified in column 2 of the Second Schedule is of the opinion that continuance in service of a member mentioned in column 1 is inexpedient or not in the interest of the Bangladesh Rifles, he may, without assigning any reason, either discharge or may make order for premature retirement with such service benefits to which such member may be entitled ⁵under this Ordinance or any rules applicable to him.

Compensation pension, gratuity, etc., of members compulsorily or prematurely retired

⁶8A. (1) Subject to any order of the President as to the amount of compensation pension or gratuity to be paid, a member compulsorily retired under sub-clause (c) of clause (1) of Article 11 of the Bangladesh Rifles Order, 1972(P.O. No. 148 of 1972), whether before or after the commencement of this Ordinance, or under clause (d) of section 5 or prematurely retired under section 8 shall, except as hereinafter provided, be entitled to such compensation pension or gratuity or provident fund benefits as would have been admissible to him on the date of the retirement under the Rules applicable to his service or post if he had been discharged from service on account of the abolition of his post without alternative suitable employment being provided:

Provided that where the compulsory retirement follows a period of suspension ordered under clause (2) of Article 11 of the Bangladesh Rifles Order, 1972(P.O. No. 148 of 1972), such compensation pension or gratuity or provident fund benefits shall be admissible only for the period of service rendered excluding the period of suspension.

(2) A member who is compulsorily or prematurely retired from service shall not be entitled to any leave preparatory to retirement.

Section 9. Court’s jurisdiction barred

No order passed under any of the provisions of this Ordinance shall be called in question in any Court.