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রক্ষীবাহিনী গঠনসম্পর্কিত গেজেট ও সংশোধনী

) রুক্ষীবাহিনী গঠনসম্পর্কিত প্রথম গেজেট 

Registered No. DA-I.

The Bangladesh Gazette, Extraordinary, Published by Authority, 

Wednesday, MARCH 8, 1972 

GOVERNMENT OF THE PEOPLES REPUBLIC OF BANGLADESH MINISTRY OF LAW AND PARLIAMENTARY AFFAIRS 

(Law Division) 

NOTIFICATION

 No. 212-Pub.com8th March, 1972. The following Order made by the President, on the advice of the Prime Minister, of the People’s Republic of Bangladesh on the 7th March.1972, is hereby published for general information: 

GOVERNMENT OF THE PEOPLES REPUBLIC OF BANGLADESH MINISTRY OF LAW AND PARLIAMENTARY AFFAIRS 

(Law Division)

President’s Order No. 21 of 1972.

THE JATIYA RAKKHI BAHINI ORDER, 1972, 

WHEREAS it is expedient to provide for the Constitution of Jatiya Rakkhi Bahini and matters ancillary thereto; 

Now, THEREFORE, in pursuance of the Proclamation of Independence of Bangladesh, read with the Provisional Constitution of Bangladesh Order, 1972, and in exercise of all powers enabling him in that behalf, the President is pleased to make the following Order:-

পৃষ্ঠাঃ ১৯৩

  1. (1) This Order may be called the Jatiya Rakkhi Bahini Order, 1972.

 (2) It extends to the whole of Bangladesh.

 (3) It shall come into force at once and shall be deemed to have taken effect on the first day of February, 1972.

  1. In this Order, unless there is anything repugnant in the subject orcontext,

(a) “Bahini” means the Jatiya Rakkhi Bahini constituted under this Order;

(b) “Commanding Officer” means an officer commanding a unit or a body of Kakkhis;

(c) “Director” means the Director of the Bahini appointed under Articic 5;

(d) “Government” means the Government of the People’s Republic of Bangladesh;

(e) “Officer” means a superior office or a subordinate officer;

(f) “Prescribed” means prescribed by rules made under this Order;

(g) “Rakkhi” means a member of the Bahing other than an officer;

(h) “subordinate officer” means such officer as may be prescribed;

(i) “superior officer” means the Director and such other officer as may be prescribed;

(j) “unit” means a unit of the Bahini,

  1. Every person appointed or enrolled under this Order shall be subject tothis Order wherever he may be and shall remain so subject uniil hisdischarge in accordance with the provisions of this Order.
  1. (1) There shall be raised and maintained in accordance with the provisions of this Order a Bahini to be called the Jatiya Rakkhi Bahini.

(2) The Bahini shall consist of such number and classes of officers and  Rakkhis and shall be constituted in such manner as the Government  may from time to time direct.

  1. 5. (1) The Government shall appoint a Direcior of the Bahini and may appoint such other officers as it may deem ail.

(2) The Director and the other officers shall be appointed in such  manner, for such period and on such terms and conditions as may  be prescribed.

(3) The Director and the other officers shall possess, and may exercise, such powers and authority over their subordinate officers and the Rakkhis for the time being under their command as is provided by or under this Order.

  1. The Rakkhis shall be enrolled in such manner, for such period and onsuch terms and conditions as may be prescribed.
  2. 7. The superintendence of the Bahini shall vest in the Government and theBahini shall be administered, commanded and controlled by the

পৃষ্ঠাঃ ১৯৪

Director in accordance with the provisions of this Order and any rules made there under and such orders and instructions as may be made or issued by the Government from time to time.

  1. (1) The Bahini shall be employed for the purpose of assisting the civilauthority in the maintenance of internal security when required by such authority as may be prescribed.

(2)  The Bahini shall render assistance to the Armed Forces when called upon by the Governinent to do so in such circumstances and in such  manner as may be prescribed.

 (3) The Bahini shall perform such other functions as the Goverdirect may direct

  1. It shall be the duty of every officer or Rakkhi promptly to obey and execute all orders and warrants lawfully issued to him by any competent authority and to apprehend all persons whom he is legally authorised to apprehend and for whose apprehension sufficient grounds exist and deliver such persons to the custody of the police.
  2. Every person subject to this Order shall be entitled to receive his discharge from the Bahini on the expiration of the period for which he was appointed or enrolled and may, before the expiration of that period, be discharged from the Bahini by the Government, Director or suchother officer and subject to such conditions as may be prescribed.

11.(1) Subject to such rules as the Government may make under this  Order, the Director may, at any time, award any one or more of the following punishments to any subordinate officer or Rakkhi whom he finds to be guilty of disobedience, neglect of duty or rernissness in the discharge of any duty, or of rendering himself unfit to discharge his duty, or of other misconduct in his capacity as a subordinate officer or Rakkhi, namely:

(a) dismissal from service;

 (b) removal from service;

(c) compulsory retirement;

(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 kwenty 

eight days,

 (h) forfeiture of increment in pay;

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

(j) confinement to quarter-guard for a term not exceeding twenty 

cight days;

 (k) severe reprimand;

 (l) reprimand;

(m) extra guard; picquets, patrol or fatigue;

পৃষ্ঠাঃ ১৯৫

*(n) continement to Lines for a term not exceeding one month; 

with or without drill, extra guard, fatigue or other duty.

(2) The Director may place under suspension any subordinate officer 

or Rakkhi against whom action under clause (1) is required to be taken or against whom any investigation or inquiry is required to be made.

(3) Notwithstanding anything contained in clause (1), no subordinate officer or Rakkhi shall be awarded any punishment under this Article unless he has been given an opportunity of being heard.

(4) Any subordinate officer or Rakkhi aggrieved by any action taken under sub-clauses (a) to (i) of clause (1) may prefer an appeal to the prescribed authority in the prescribed manner.

  1. Any person subject to this Order who deserts or attempts to desert theBahini shall be punishable with imprisonment for a term which mayextend to seven years, or with fine, or with both
  2. Whenever any person subject to this Order deseris, his Commanding Officer shall give written information of the desertion to such civil authorities as in his opinion may be able to afford assistance towards The capture of the deserter and such authonties shall thereupon take steps for apprehension of the said deserter in like manner as if he were a person for whose apprehension a warrant had been issued by a Magistrate, and shall deliver the deserter, when apprehended, to the  custody of the Bahini.
  3. No Person subject to this Order shall be at liberty to resign his appointment or to withdraw himself from all or any of the duties of his appointment, without the sanction of the Commanding Officer with whom he is serving or of some other officer authorised by the Commanding Officer to grant such sanction.
  4. Any person subject to this Order who is guilty of any violation of duty or willful breach or neglect of any rule or lawful order made by any competent authority, or who resigns his appointment or withdraws himself from all or any of the duties of his appointment in contravention of the provision of Article 14, or who, being absent on leave, fails, without reasonable cause, to report himself for duty on the expiration of such leave, or who is guilty of cowardice, shall be punishable with iinprisonment for a tem which may extend to one year, or with fine which may extend to live hundred rupees, or with both
  5. The Director may delegate, to such extent and in respect of such subordinate officer or Rakkhi as he may think fit, the powers conferred upon him by any provision of this Order to any superior officer.

17.(1) The Government may, by notification in the official Gazette, make  rules for carrying out the purposes of this Order. 

পৃষ্ঠাঃ ১৯৬

(2) In particular, and without prejudice to the generality of the 

foregoing power, such rules may

(a) prescribe the period for which and the manner in which persons  may be appointed as officers or corolled as Rakkhis;

(b) prescribe the training of officers and Rakkhis;

(c) prescribe the discharge of officers and Rakkhis;

(d) prescribe the terms and conditions of service of officers and 

Rakkhis;

 (e) regulate the powers and functions of the Director and other 

officers;

(f) regulate the classes of officers and Rakkhis;

(g) provide for any other matter necessary for the constitution, 

maintenance, administration, command, control and discipline of the Bahini and for carrying the provisions of this Order into effect. 

ABU SAYEED CHOWDHURY

 President of the

 People’s Republic of Bangladesh. 

DACCA; The 7th March, 1972 

AZIMUDDIN AHMED Deputy Secretary 

) গেজেটের সংশোধনী 

Registered No. DA-1.

The Bangladesh Gazette, Extraordinary, Published by Authority 

MONDAY, FEBRUARY 17, 1975 

MINISTRY OF LAW, PARLIAMENTARY AFFAIRS AND JUSTICE 

(Law and Parliamentary Affairs Division) 

NOTIFICATION

 Dacca, the 17th February, 1975. 

No. 124-Pub.—The Following Ordinance made by the President of the People’s Republic of Bangladesh, on the 17th February, 1975 is hereby  published for general information-

GOVERNMENT OF THE PEOPLE’S REPUBLIC OF BANGLADESH 

পৃষ্ঠাঃ ১৯৭ 

MINISTRY OF LAW, PARLIAMENTARY AFFAIRS AND JUSTICE 

(Law and Parliamentary Affairs Division)

The JATIYA RAKKHI BAHINI (AMENDMENT) ORDINANCE, 1975 

Ordinance No. IX of 1975. 

ORDINANCE further to amend the Jatiya Rakkhi Bahini Order, 1972, 

WHEREAS it is expedient further to amend the Jaliya Rakkhi Bahini Order, 1972 (P. O. No. 21 of 1972), for the purposes here in after appearing: 

AND WHEREAS Parliament is not in session and the President is Satisfied that circumstances exist which render immediate action necessary; 

NOW, THEREFORE, in exercise of the powers conferred by clause (1) of Article 93 of the Constitution of the People’s Republic of Bangladesh, the President is pleased to make and promulgate the following Ordinance: 

  1. Short title —-This Ordinance may be called the Jatiya Rakkhi Bahini (Amendment) Ordinance, 1975.
  2. Subsutution of Article 2, P. O. No. 21 of 1972.- In the Jatiya RakkhiBahini Order, 1972 (P O. No. 21 of 1972), here in after reffered to as the said Order, for Artilce 2 the following shall be substituted, namely 

2.(1) In this Order, unless there is anything repugnant in the subject or context,

(a) “Bahini” means the Jatiya Rakkhi Bahini constituted under 

Article 4 of this Order;

 (b) “Battalion” means a Unit composed of several companies, 

forming part of or attached to a Zone;

 (c) “commanding officer” means an officer commanding a Unit 

or a body of Rakkhis;

(d) “Company” means a sub-unit composed of several platoons;

(e) “Director” means the Director of the Bahini appointed under 

Article 5;

(f) “misconduct” means conduct prejudicial to good order or 

service discipline or unbecoming of an officer or gentleman and includes any act, commission or omission which is an 

offence under Article 10A or 10B;

(g) “officer” means a superior officer or a subordinate officer;

(h) “platoon” means a sub-unit consisting of three sections of 

Rakkhi is;

(i) “prescribed” means prescribed by rules made under this 

Order; 

পৃষ্ঠাঃ ১৯৮

(j)”Rakkhi” means a member of the Bahini other than an 

officer,

 (k) “Regiment” means a signal unit composed of several 

companies;

 (l)  ‘Special Court” means a court consisting of not less than 

two superior officers constituted by the Director and presided over by an officer not below the rank of Deputy Director and assisted by a public prosecutor or his  representative;

(m) “Special Summary Court” means a court consisting of not 

less than two superior officers or one superior officer and one subordinate officer constituted by the Director and presided over by an officer not below the rank of Assistant  Director;

 (n) “subordinate officer” means a senior Deputy Leader, 

Deputy Leader, Assistant Leader or Junior Leader.

 (o) “Superior Officers” means the Director, Joint Director, 

Deputy Director, Assistant Director, Leader, Chief Medical Officer, Medical Officer, Dental Officer or Nursing Officer, and when used in relation to a subordinale officer or Rakkhi includes any officer who is senior to him in rank or length  of service;

(p)  “Unit” means a Unit of  the Bahini; 

(q) “Zone” means a formation  composed of two or more Units.

(2) The expressions “assuault “, “criminal force”, “fraudulently”, 

reason to believe and “voluntanly causing hurt” shall have the meanings respectively assigned to them in the Penal Code (XLV 

of 1860)”,

  1. Amendment of Article 4, P.O. No. 21 of 1972. In the said Order, in Article 4 after clause (2), the following new clause shall be added namely:—

(3) The Bahini shall be a disciplined force within the meaning of the  definition of disciplined force” as given in Article 152(1) of the  Constitution.”

  1. Substitution of Article 5, P.O. No. 21 of 1972.-In the said Order, for Article.
  2. the following shall be substituted, namely:

5.(1) There shall be a Director of the Bahini and may be all or any of  the following classes of superior officers of the Bahini, namely:

(a) Joint Director;

 (b) Deputy Director;

(c) Assistant Director;

(d) Leader;

পৃষ্ঠাঃ ১৯৯

(e) Chief Medical Officer,

(f) Medical Officer;

(g) Dental Officer; 

(h) Nursing Officer.

 (2) There may be all or any of the following classes of subordinate  officers of the Bahini, namely:-

(a) Senior Deputy Leader;

(b) Deputy Leader;

(c) Assistant Leader; 

(d) Junior Leader.

(3) The Director and other superior officers shall be appointed by 

the Government, and the subordinate officers shall be appointed by the Director, in such manner and on such terms and  conditions as may be prescribed.

 (4) The Director and other superior officers shall have, and may 

exercise, such powers and authority over the officers subordinate to them and the Rakkhis for the time being under 

their command as are provided by or under this Order.

(5) Insertion of new Articles 10A and 10B, P.O. No. 21 of 1972.-In the  said Order, after Article 10, the following new Articles shall be inserted, namely-

“10A. (1) An officer, other than the Director, or a Rakkhi who-

(a) begins, excites, causes or  joins in any mutiny or sedition or, 

being present at any mutiny or sedition, does not make his utmost endeavours  to suppress it, or, knowing, or having reason to believe in the existence, of any mutiny or sedition, does not, without delay, give information thereof to his  commanding officer or superior officer;

 (b) uses, or attempts to use, criminal force to, or commits an 

assault on, his superior officer, knowing or having reason to 

believe him to be such, whether on or off duty;

 (c) abandons or delivers up any garrison, fortress, post or guard 

or wireless station which is committed to his charge or  which it is his duty to defend;

(d) in the presence of an enemy or pay person in arms against 

whom it is his duty to act, cast away his arms or his ammunition or intentionally uses words or any other means to induce any other subordinate officer or Rakkhi to abstain from acting against the enemy, or any such person, or to discourage any such subordinate officer or Rakkhi from acting against the enemy or such person, or who otherwise  misbehaves ;

 (e) directly or indirectly holds correspondence with, or 

পৃষ্ঠাঃ ২০০

communicates intelligence to, or assists, or relieves, any enemy or person in arms against the State, or omits to disclose immediately to his commanding officer or superior officer any such correspondence or communication coming  to his knowledge;

(1) directly or indirextly assists or relieves with money, victuals  or ammunition, or knowingly harbours or protects any  enemy or person in anns against the State;

 (g) without authority leaves his commanding officer, or his post 

or party, to go in search of plunder;

 (h) quits his guard, picquet, party or patrol without being 

regularly relieved or without leave;

(i) Uses criminal force to, or commits an assault on, any person 

bringing provisions or other necessaries to camp or quarters, or forces a safeguard, or without authority breaks into any house or any other place for plunder, or plunders, destroys  or damages any property of any kind; or

(j)  intentionally causes or spread a false alarm in action, camp,  garrison or quarters, shall, on conviction by a Special Court, be punished with rigorous imprisonment  for a terin which may extend to seven years, and shall also be liable to fine  which may extend to five hundred taka,

(2) A Special Court shall take cognizance  of an offence punishable 

under this Article in such manner and follow such procedure as 

may be prescribed.

(3) An officer or a Rakki accused of an offence under this Article 

shall have the right to conduct his own defense or to have assistance of any officer of the Bahini or of any legal  practitioner of his own choice.

(4) An appeal from the judgment of an Special Court may be 

preferred to the Government witching thirty days of the delivery 

thereof.

10B (1) An officer, other than the Director, or a Rakkhi who–

(a) is in a state of intoxication when on or detailed for any duty, 

or on parade, or on the line of march;

 (b) strikes, or forces or attempts to force, any sentry;

(c) being in command of a guard, picquet or patrol, refuses to 

receive any prisoner duly committed to his charge, or, whether in such command or not, releases any prisoner without proper authority or negligently suffers any prisoner  to escape;

 (d) being deputed to any guard, picquet or patrol, quits it 

without being regularly relieved or without leave;

পৃষ্ঠাঃ ২০১

(e) being in command of a guard, picquet or patrol, permits 

gambling or other behaviour prejudicial to good order and 

discipline;

(f) being under arrest or in confinement, leaves his arrest or 

confinement before he is set at liberty by proper authority;

(g) is grossly insubordinate or insolent to his superior officer in 

the execution of his office;

 (h) refuses to superintend or assist in the making of any field 

work or other military work of any description ordered to be 

made either in quarters or in the field;

 (i) Strike or otherwise ill-uses a subordinate officer or Rakkhi 

subordinate to him in rank or position;

(j) being in command at any post or on the march and receiving 

a complaint that any one under his command has beaten or otherwise maltreated or oppressed any person, or has committed any riot or trespass, fails, on proof of the truth of the complaint, to have due reparation inade as far as possible to the injured person and to report the case to the proper  authority;

(k) designedly or through neglect injures or loses or  fraudulently or without due authority disposes of his arms, clothes, tools, equipment  ammuunition, accoutrements, any means of transport or other necessaries, or any such articles entrusted to him or belonging to any other person;

(l) malingers, feight or produces disease or infirmity in himself, or intentionally delays his cure or aggravates his  disease or infirinity:

(m) with intent to render himself or any other person unfit for  service, voluntarily causes hurt to himself or any other  person;

(n) commits extortion, or without proper authority exacts from  any person, carriage, porter age or provisions;

(o) designedly or through neglect kills, injures, makes away  with, ill-treats or loses his horse or any animal used in the  public service;

 (p) disobeys the lawful command of his superior officer;

(q) plunders, destroys or damages any property of any kind;

(r) being a sentry, sleeps at his post or quits it without being  regularly relieved or without leave;

(s) deserts or attempts to desert the service or absents himself  without leave of, without sufficient cause, overstays leave  granted to him;

 (t)  resigns his appointment or withdraws hiinself from all or 

পৃষ্ঠাঃ ২০২

any of the duties of his appointinent in contravention of the  provisions of Article 14;

 (u) accepis illegal gratification from any person;

(v) designedly or through neglect fails to apprehend an  offender;

(w) designedly or through neglect fails to perform his duties;

(x) makes a false accusation against any person subject to this  Order knowing or having reason to believe such accusation  to be false; or

(y) neglects to obey Bahini Orders, Zonal Orders, Battalion  Orders, Regiment Orders or Unit Orders or any other order or rule made under this Order or coinnits any act or omission prejudicial to good order and disciplines, such act or oinission prejudicial to good order and disciplines, such act or omission not constituting any offence under the Penal Code (XLV of 1860), or any other law for the tine being, shall, on conviction by a Special Summary Court, be punished with rigorous imprisonment for a tenn which may extend to two years and shall also be liable to fine which  may extend to two hundred taka.

 (2) A Special Summary Court shall take cognizance of an offence  punishable under this Article in such manner and follow such 

procedure as may be prescribed.

 (3) An officer or a Rakkhi accused of an offence under ihis Article 

shall have the right to conduct his own defense or to have 

assistance of any officer of the Bahini of his own choice.

 (4) An appeal from the judgment of a Special Summary Court may  be preferred to the Director or, where the Director presided over the Court, the Goverment within thirty days of the delivery  thereof.”

  1. Amendment of Article 11, P. O. No. 21 of 1972.-in the said Order, in Article 11, in clause (3), for the full stop at the end of a semicolon shall be substituted, and thereafter the following proviso shall be added, namely:–

“Provided that this clause shall not apply where a subordinate officer or Rakkhi is dismissed or removed from service or reduced in rank on the ground of conduct which has led to his conviction of an offence under article 10A or 10B any other criminal offence.”

  1. Insertion of new Article 11A, P. O. No. 21 of 1972.-In the said Order, after Article 11, the following new Article shall be inserted, namely:— “T1A. Any officer or Rakkhi sentenced under this Order to imprisonment shall be imprisoned in the nearest or such other jail as the Government may, by general or special order, direct.”.

পৃষ্ঠাঃ ২০৩

  1. Omission of Article 12, P. O. No. 21 of 1972…]n the said Order,

Article 12 shall be omitted.

  1. Amendment of Article 12, P. O. No. 21 of 1972.-In the said Order. Article 12 shall be renurnbered as clause (1) of that Article and after clause (1) as so renumbered, the following new clause shall be added, namely-

“(2) It shall be lawful for any police officer to arrest without warrant any person whom he reasonably believes to be a member of the Bahini and to be a deserter or absentee without leave, and to bring him without delay before the nearest Magistrate to be dealt with according  to law.”

  1. Omission of Article 15, P. O. No. 21 of 1972. — In the said Order,

Article 15 shall be omitted.

  1. Insertion of new Article 16B, P. O. No. 21 of 1972. – In the said Order after Anicle 16A, the following new Article shall be inserted, namely-

 “16B. Notwithstanding anything contained in any other law for the time being in force, the Government may invest the Director with the powers of Magistrate of any class for the purpose of enquiring into or trying any offence committed by an officer or Rakkhi against the person or property of another officer or Rakkhi and punishable under any provision of the Penal Code (XLV of 1860), or of any other law  for the time being in force.”

  1. 1 Amendment of Article 17, P.O No. 21 of 1972. –In the said Order in Article 17 after clause (2), the following new clause shall be added, namely-

“(3) Any rules under this Article may be made so as to be retrospective to any date not earlier than the date of commencement of this Order.”. 

SHEIKH MUJIBUR RAHMAN

President of the

The People’s Republic of Bangladesh.

 DACCA; 14th February, 1975. 

JUSTICE M. H. RAHMAN

Secretary 

পৃষ্ঠাঃ ২০৪

রক্ষীবাহিনীর প্রধানকে লেখা এম এ জি ওসমানীর চিঠি 

General M. G Osmany, p.s.C., M.C.A.,

Commander-in-Chief,

 Bangladesh Forces,

Dacca Cantonment 

DO No. 1972 A 

Mar 72 

I am desired by The President to convey to you and all ranks who participated at the historic Parade on the occasion of the First Independance Day, on the 26th March 1972, his commendation on the excellence of the Parade. 

The Prime Minister was also very pleased with the standard of the Parade and considers the standard exhibited by battle-wom personnel, in such a short time, a clear indication of the capability of our boys to revive their traditionally high standard of discipline, tum out and efficiency in all operations, to which end officers and men must devote themselves. 

Kindly convey the above to all ranks by reproduction in orders and at a Parade 

Maj. A.N.M. Nuruzzaman,

Director National Militia,

Peelkhana,

Dacca 

Copy to: Deputy Leader Md. Lokman, 

Jatiya Rakhi Bahini,

Dacca 

Ref: রক্ষীবাহিনীর সত্য মিথ্যা আনোয়ার উল আলম, pp 193-205

 

রক্ষীবাহিনীর বিলুপ্তি ও বাংলাদেশ সেনাবাহিনীর 

সঙ্গে আত্তীকরণসংক্রান্ত গেজেট 

THE JATIYA RAKKHI BAHINI (ABSORPTION IN THE ARMY) 

ORDINANCE, 1975

ORDINANCE NO. LII OF 1975 

[19th October, 1975]

An Ordinance to provide for the absorption of the members of the Jatiya Rakkhi Bahini in the Bangladesh Amy. 

WHEREAS it is expedient to provide for the absorption of the members of the Jatiya Rakkhi Bahini in the Bangladesh Army and for matters connected therewith or ancillary thereto; 

AND WHEREAS Parliament is not in session and the President is satisfied that circumstances exist which render immediate action necessary; 

Now, THERFORE, in pursuance of the Proclamation of the 20th August, 1975, and in exercise of the powers conferred by clause (1) of Article 93 of the Constitution of the peoples Republic of Bangladesh, the President is pleased to make and promulgate the following Ordinance. 

  1. (1) The Ordinance may be called the Jatiya Rakkhi Bahini(Absorption in the Army) Ordinance, 1975.

(2) It shall be deemed to have come into force on the 3rd day of September, 1975.

  1. In this Ordinance, unless there is anything repugnant in the subject orcontext, 

(a) “Bahini” means the Jatiya Rakkhi Bahini constituted under the Order;

(b) “commencement  of this Ordinance” means the 3rd day of September, 1975,

(c) “member of the Bahini” means a person appointed or enrolled in the Bahini under the Order.

(d) “Orders” means the Jatiya Rakkhi Bahini Order, 1972 (P.O. No 21 of 1972)

  1. The provisions of this Ordinance and any order made thereunder shallhave effect notwithstanding anything contained in the Order or in any other law for the time being in force, or in any contract, agreement, document or other instrument.
  2. On the commencement of this Ordinance-

(a) all members of the Bahini, who are willing to serve in the Bangladesh Army and found suitable in all respects for such service, shall be appointed in the Bangladesh Amy on such terms and conditions as the Government may determine;

(b) all rights and assets and all property, movable or immovable, cash and bank balances, funds, arms ammunition, explosives, wireless sets, equipment, stores, vehicles, vessels, and work shops and all rights and interests in or arising out of such property of the Bahini shall be transferred to the Bangladesh Army, or to such other Defence Service or branch thereof, in such manner as the Government may, by order, specify,

 (c) all debis, obligations and liabilities incurred, all contracts entered into, all agreements made, and all matters and things. engaged to be done, by, with or for the Bahini shall be deemed to have been incurred, entered into, made or engaged to be done by, with or for the Bangladesh Army or such other Defence Service or branch thereof as the Government may, by order, specify;

(d) all deeds, bonds, agreements, powers of attomey, documents and other instruments of whatever nature to which the Bahini is a party or which are in favour of the Dahini shall be …………..and of effect by, against or in favour of the Bangladesh Army or such other by, other Defence Service or branch thereof as the Goverment may, by order, specify as if in place of the Bahini the Bangladesh Army or the Defence Service or branch thereof specified in the order had been named therein;

(e) all budget grants made and sums sanctioned for the Bahini shall be deemed to be budget grants made and sums sanctioned for the 

Bangladesh Ary;

(f) all projects and schemes of the Bahini shall be deemed to be projects and schemes of the Bangladesh Army;

(g) all suits and other legal proceedings by or against the Bahini shall be deemed to be suits and proceedings by or against the Bangladesh Amy and may be proceeded or otherwise dealt with accordingly.

  1. As soon as may be after action under clauses (a) and (b) of section 4 has been taken and the accounts of the Bahini have been audited, the Goverment shall, by notification in the official Gazette appoint a date on which the Bahini Organisation shall stand abolished.
  2. On the abolition of the Bahini Organisation under section 5, the Ordershall stand repealed.
  3. (1) The Director-General of the Bahini shall, for the purpose of giving effect to the provisions of clauses (a) and (b) of section 4 and abolition of the Bahini Organisation, take such steps as he deems necessary or as the Government may direct.

(2) The Government shall make available to the Dircetor-General such staff and fund as may be necessary for the discharge of his  functions under this Ordinance

8.. If any difficulty arises in giving effect to the provisions of this  Ordinance, the Government may, by order, do anything which appears to it to be necessary for the purpose of removing the difficulty, and any such order shall be deemed to be, and given effect to as, part of the provisions of this Ordinance. 

Ref: রক্ষীবাহিনীর সত্য মিথ্যা আনোয়ার উল আলম, pp 244-246

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