গেজেটে প্রকাশিত রক্ষীবাহিনী সম্পর্কিত প্রথম আইন ৬৭১
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 make the following Order :-
(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. In this Order, unless there is anything repugnant in the subject or context,-
(a) “Bahini” means the Jatiya Rakkhi Bahini constituted under this Order;
(b) “Commanding Officer” means an officer commanding a unit or a body of Rakkhis;
(C) “Director” means the Director of the Bahini appointed under Article 5;
(d) “Government” means the Government of the People’s Republic of Bangladesh;
(e) “Officer” means a superior officer or a subordinate officer;
(f) “prescribed” means prescribed by rules made under this Order;
(g) “Rakkhi” means a member of the Bahini other than an officer;
(h) “subordinate officer” means such officer as may be prescribed;
……………………………………………………………..
৬৭১ Published in the Bangladesh Gazette. Extraordinary, dated 8th March, 1972,
Page 441
(i) “superior officer” means the Director and such other officer as may be prescribed;
(j) “unit” means a unit of the Bahini.
Every person appointed or enrolled under this Order shall be subject to this Order wherever he may be and shall remain so subject until his discharge in accordance with the provisions of this Order.
(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) The Government shall appoint a Director of the Bahini and may appoint such other officers as it may deem fit.
(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.
The Rakkhis shall be enrolled in such manner, for such period and on such terms and conditions as may be prescribed.
The superintendence of the Bahini shall vest in the Government and the Bahini shall be administered, commanded and controlled by the 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) The Bahini shall be employed for the purpose of assisting the civil authority 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 Government to do so in such circumstances and in such manner as may be prescribed.
(3) The Bahini shall perform such other functions as the Government may direct.
Page 442
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.
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 such other officer and subject to such conditions as may be prescribed.
(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 remissness 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 of not more than one year;
(g) forfeiture of pay and allowances for not exceeding twenty-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-eight days;
(k) severe reprimand;
(1) reprimand;
(m) extra guard, picquets, patrol or fatigue;
(n) confinement 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.
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(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.
Any person subject to this Order who deserts or attempts to desert the Bahini shall be punishable with imprisonment for a term which may extend to seven years, or with fine, or with both.
Whenever any person subject to this Order deserts, 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 authorities 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.
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.
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 imprisonment for a term which may extend to one year, or with fine which may extend to five hundred rupees, or with both.
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.
(1) The Government may, by notification in the official Gazette,make rules for carrying out the purposes of this Order.
Page 444
(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 enrolled 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 Peoples Republic of Bangladesh
Azimuddin Ahmed
Deputy Secretary
Dacca;
The 7th March, 1972
Page 445
রক্ষীবাহিনী আইনের প্রথম সংশােধনীর গেজেট
The Bangladesh Gazette
Extraordinary
Published by Authority
Monday, October 22, 1973
PART IIIA- Ordinance and Orders promulgated by the President of the
Peoples Republic of Bangladesh.
Government of the Peoples Republic of Bangladesh
Ministry of Law and Parliamentary Affairs
(Law Division)
NOTIFICATION
no.684-Pub- 22nd October 1973-The following Ordinance made by the
President of the Peoples Republic of Bangladesh on the 18th October,
1973 is hereby published for general information:
Government of the Peoples Republic of Bangladesh
Ministry of Law and Parliamentary Affairs
(Law Division)
The Jatiya Rakkhi Bahini (Amendment) Ordinance, 1973
Ordinance No.XXI of 1973
AN ORDINANCE
to amend the Jatiya Rakkhi Bahini Order, 1972
Whereas it is expedient to amend the Jatiya Rakkhi Bahini Order 1972 (P.O. No. 21 of 1972), for the purposes hereinafter 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 Peoples Republic of Bangladesh,.the President is pleased to make and promulgate the following Ordinance :-
Short title and commencement (1) This Ordinance may be called The Jatiya Rakkhi Bahini (Amendment) Ordinance, 1973.
(2) It shall come into force at once and shall be deemed to have taken effect on the first day of February, 1972.
Page 446
Insertion of the new Article 8A, P.O. No. 21 of 1972- In the Jatiya Rakkhi Bahini Order, 1972 (P.O. No. 21 of 1972), hereafter referred to as the said Order, after Article 8, the following new Article 8A shall be inserted, namely:-
“8A. (I) Notwithstanding anything contained in the Code of।criminal Procedure, 1898 (V of 1898), or in any other law for the time being in force, any officer may, while performing any।function under Article 8, without warrant,-
(a) arrest any person whom he reasonably suspects of having committed a cognizable offence under any law;
(b) search any person, place, vehicle or vessel, and seize anything।found in the possession of such person or in such place, vehicle or vessel in respect of which or by means of which he has reason to believe an offence punishable under any law has been committed.
(2) Any person arrested or anything seized under clause (1) shall।forth with be, forwarded, together with a report of the।circumstances nearest police station for taking such measures as।may be necessary for the disposal according to law of such person or thing.
(3) The provisions of the Code of criminal Procedure, 1898 (V of 1898), shall apply, in so par as they are not inconsistent with the।provisions of this Article, to all arrests, searches and seizures made under this Article.”
Insertion of new Article 16A, P.O. No. 21 of 1972- In the said order after Article 16, the following new Article 16A shall be inserted,।namely:-
“16A. No suit, prosecution or other legal proceeding shall be।against any member of the bahini for anything which is in good faith done or intended to done in pursuance of this Order or any rule made there under.”
Abu Sayeed Chowdhury
President of the Peoples Republic of Bangladesh
Justice M.H. Rahaman
Secretary
Dacca;
The 18th October, 1973
Page 447
পাঁচ
রক্ষীবাহিনী আইনের দ্বিতীয় সংশােধনী
Registered No. DA-1
The Bangladesh Gazette
Extraordinary
Published by Authority
Thursday, July 17, 1975
Part V-Acts, Bills, etc., of the Bangladesh Parliament
Bangladesh Parliament
Dacca, the 17th July, 1975
The following Acts of Parliament received the assent of the President
on the 17th July, 1975, and are hereby published for general
information.
Act No. XVIII of 1975
As Act further to amend the Jatiya Rakkhi Bahini Order, 1972
WHERE it is expedient further to amend the Jatiya Rakkhi Bahini।Order, 1972 (P.O. No 21 of 1972) for।the purposes hereinafter applicable;
It is hereby enacted as follows:
Short title : This Act may be called the Jatiya Rakkhi Bahini।(Amendment) Act, 1975.
Substitution of Article 2, P.O. No. 21 of 1972- In the Jatiya।Rakkhi Bahini Order 1972 (P.O. No 21 of 1972), hereinafter referred to as the said order, for the Article 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;
Page 448
(e) “Director-General” means the Director-General of the Bahini appointed under Article 5
(f) “misconduct means conduct prejudicial to good order or service discipline or unbecoming of an officer of 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
(i) “prescribed” means prescribed by rules made under this.order
(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-General.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-General 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;
(0) “superior officer” means the Director-General, Joint Director, Deputy Director, Assistant Director, Leader, Chief.Medical Officer, Medical Officer, Dental Officer or Nursing Officer, and when used in relation to a subordinate 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 “assault”, “criminal force”, “fraudulently”, “reason”, “to believe” and “voluntarily causing hurt” shall have the meanings respectively assigned to them in the penal Code (XLV of 1860).”
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:
Page 449
“(3) The Bahini shall be disciplined force within the meaning of the definition of “disciplined force” as given in article 152(1) of the constitution.”
Substitution of Article 5, P.O. No. 21 of 1972- In the said order, for Article 5 the following shall be substituted, namely:
“5 (1) There shall be a Director-General 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
(e) Chief Medical Officer 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-General and other superior officers shall be appointed by the Government, and the subordinate officers shall be appointed by the Director-General, in such manner and on such terms and condition as may be prescribed.
(4) The Director-General 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.”
Amendment of Article 7, P.O. No. 21 of 1972.- In the said Order, in Article 7, for the word “Director” the word “Director-General” shall be substituted.
Amendment of Article 10, P.O. No. 21 of 1972.- In the said Order, in Article 10, for the word “Director-General” shall be substituted.
Insertion of new article 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-General, 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
Page 450
endeavors 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 any 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 person, or to discourage any such subordinate officer or Rakkhi from acting against the enemy or such person, or who otherwise misbehave;
(e) directly or indirectly holds correspondence with, or 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;
(f) directly or indirectly assists or relatives with money, victuals or ammunition, or knowingly harbours or protects any enemy or person in arms 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 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 spreads a false alarm in action, camp, garrison or quarters, shall, on conviction by a Special Court, be punished with rigorous imprisonment for a term which may extended to seven years, and shall also be liable to fine which may.extended to five hundred taka.
Page 451
(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 of a Rakkhi accused of an offence under this Article shall have the right to conduct his own defence 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 a Special Court may be preferred to the Government within thirty days of the delivery thereof.
10B. (1) An officer, other than the Director-General, 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;
(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 executions of his office;
(h) refuses to superintend or assist in the making of any field work or others military work of any description ordered to be made either in quarters or in the field;
(i) strikes 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 made 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, ammunition, accoutrements, any means of transport or other necessaries, or any such articles entrusted to him or belonging to any other person;
Page 452
(l) malingers, feigns or produces disease or infirmity in himself, or intentionally delays his cure or aggravates his disease or infirmity;
(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 deserts the service or absents himself without leave or, without sufficient cause, over stays leave granted to him;
(t) resigns his appointment or withdraws himself from all or any of the duties of his appointment in contravention of the provisions of the section 14.
(u) accepts 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 made under this Order or rules made there under or commits any act or omission prejudicial to good order and discipline, such act or omission not constituting any offence under the Penal Code (XLV of 1860), or any other law for the time being, shall, on conviction by a Special Summary Court, be punished with rigorous imprisonment for a term 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 this Article shall have the right to conduct his own defence or to have assistance of any officer of the Bahini of his own choice.
Page 453
(4) An appeal from the judgement of a Special Summary Court may be referred to the Director-general or, where the Director-General presided over the Court, to the Government within thirty days of the delivery thereof.
Amendment of Article 11, P.O. 21 of 1972.- In the said Order in Article 11,-
(a) in clauses (1) and (2) for the word “Director” the word “Director- General” shall be substituted; and
(b) in clause (3), for the full-stop at the end a semi-colon 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 or any other criminal offence.”
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:
“11A, 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.”
Omission of Article 12, P.O. No. 21 of 1972.- In the said order Article 12 shall be omitted.
Amendment of Article 13, P.O. No. 21 of 1972.- In the said Order Article 13 shall be renumbered, 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.”
Omission of Article 15, P.O. No. 21 of 1972.- In the said Order, Article 15 shall be omitted.
Amendment of Article 16, P.O. No. 21 of 1972.- In the said.Order, in Article 16, for the word “Director” the word “Director- General” shall be substituted.
Page 454
Insertion of new Article 16B, P.O. No. 21 of 1972.- In the said Order, after Article 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- General, with the power of a 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.”
Amendment of Article 17, P.O. No. 21 of 1972.- In the said Order, in Article 17,-
(a) in clause (2), in sub-clause (e), for the word “Director” the word “Director-General” shall be substituted; and
(b) 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 the Order.”
Repeal and Savings.-(1) The Jatiya Rakkhi Bahini (Amendment) Ordinance, 1975 (IX of 1975), is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the Jatiya Rakkhi Bahini Order 1972 (P.O. No. 21 of 1972), as amended by the said Ordinance, shall be deemed to have been done or taken under the said Order, as amended by this Act.
সৈয়দ মাহবুবার রহমান
সচিব
Source: মুজিব বাহিনী থেকে গন বাহিনী ইতিহাসের পুনর্পাঠ – আলতাফ পারভেজ