Published in Bangladesh Gazette Extraordinary
Dated 16th February, 1995

Act No.4 of 1995

An Act made to constitute the Battalion Ansars

Whereas it is expedient to constitute the Battalion Ansars;

Now, therefore, it is herewith enacted as follows:-

1. Short title.- This Act may be called the Battalion Ansars Act, 1995.

2. Definitions.- Unless there is anything repugnant in the subject or context, in this Act-

a) "Ansars Force" means the Ansars Force constituted under the Ansars Force Act, 1995 (Act No.3 of 1995);
b) "regulation" means any regulation made under this Act;
c) "rule" means any rule made under this Act;
d) "Director General" means the Director General of the Ansars Force;
e) "organization" means the Ansars Battalion constituted under this Act.
3. Constitution of the Battalion Ansars.- (1) The Battalion Ansars shall be constituted in accordance with the provisions of this Act.
(2) The Battalion Ansars shall be a disciplined force within the meaning of the definition of "disciplined force" given in article 152 of the Constitution of the People's Republic of Bangladesh.

4. Supervision and management.- The Battalion Ansars shall be under the permanent supervision of the Government and shall be managed by the Director General of the Ansars Force in accordance with this Act and the rules and, subject to their not being inconsistent with this Act and the rules, such orders and directions as the Government may pass from time to time.

5. Officers, employees, etc..- All officers and employees to be deemed to be officers and employees of the Ansars Force shall also be deemed to be officers and employees of the Battalion Ansars.

6. Enrollment of battalion ansars.- (1) The battalion ansars shall be enrolled in such manner as may be prescribed and their allowance, apparel, training etc. shall be determined by regulations.
This section seems to be incomplete (remark of the translator)

7. Ranks of the Battalion Ansars, etc..- (1) The Battalion Ansars shall have all or any of the following ranks, namely:-

a) battalion commander;
b) battalion deputy commander;
c) company commander;
d) battalion quarter master;
e) company deputy commander;
f) platoon commander;
g) assistant platoon commander;
h) havildar;
i) corporal;
j) lance-corporal;
k) battalion ansar.
(2) There shall be one or more battalions of the Battalion Ansars and their constitution, management and control shall be determined by rules.

8. Functions of the Battalion Ansars, etc..- (1) The functions of the Battalion Ansars shall be-

a) to render assistance to the Government or any authority under the Government in any public security measures;
b) to take part in any public welfare measures directed by the Government for the purpose of improving the financial and social situation of the country;
c) to take part in any measures directed by the Government for the purpose of countering any calamity of the country;
d) to perform such other actions as may be prescribed.
(2) In particular, and without prejudice to the generality of the foregoing provision, the Battalion Ansars shall, by direction of the Government, render help and assistance to the following forces, namely:-
a) the Army;
b) the Navy;
c) the Air Force;
d) the Bangladesh Rifles;
e) the Police Force.
9. Carrying of weapons and ammunition.- Subject to the policies made by the Government and the directions issued and conditions imposed by it from time to time, the members of the Battalion Ansars may carry and use weapons and ammunition.

10. Obligation to comply with orders.- Every member of the Battalion Ansars shall be bound to comply with any legal order enforced on him by any appropriate authority.

11. Offences and punishment.- (1) If any person holding any of the ranks mentioned in sub-section (1) of section 7-

a) is illoyal towards the organization or takes part, or instigates to take part, in any conspiracy involving illoyality towards the organization;
b) is informed about the illoyality of any member of the organization towards the organization and does not take all measures available to him to suppress such illoyality;
shall be punished with a term of imprisonment not exceeding six months.
(2) If any person holding any of the ranks mentioned in sub-section (1) of section 7-
a) is disobedient to, or displays insolence towards, any officer superior to him;
b) intentionally fails or neglects to perform any work, though being ordered so to do by any officer superior to him;
c) connives at any behaviour of any member inferior to him which impairs the discipline of the organization;
d) intentionally or carelessly damages or looses or otherwise misappropriates apparels, equipments, implements or any other articles given into his custody;
e) hurts himself or any other member of the organization for the purpose of disabling himself or such person for the organization;
f) runs away, or tries to run away, from the organization;
g) purposely spreads fear of untrue calamities;
shall be punished with a term of imprisonment not exceeding three months.
(3) Whoever has been sentenced under this section shall be send to a jail in order to serve his sentence, together with the warrant, given in the Schedule added to this Act, signed by the Chairman of the court which imposed the penalty.
(4) Whoever has been sentenced under this Act shall, from the date on which the penalty has been imposed, be deemed to have been dismissed from the organization.
(5) Notwithstanding anything contained in this section, if the person accused of an offence committed under this section has been directed to serve in the organization as a member of any other disciplined force within the meaning of the term "disciplined force" given in section 152 of the Constitution, he shall be punishable in accordance with the provisions of the Act of his own force.

12. Trial of offences.- (1) Notwithstanding anything contained in any other,-

a) the trial of any offence under sub-section (1) of section 11 shall be instituted only before a special court constituted under this Act;
b) the trial of any offence under sub-section (2) of section 11 shall be instituted before a special court or a court of summary jurisduction constituted under this Act.
(2) No special court or court of summary jurisduction shall take cognizance of any offence under this Act without the complaint of a person ranking at least one grade before the accused person.

13. Constitution of courts, etc..- (1) The Director General may, if necessary, constitute special courts or courts of summary jurisduction in any part of Bangladesh.
(2) A special court shall consist of one Chairman, who shall be a director of the Ansars Directory, and no less than two members, who shall be other officers of the same Directory.
(3) The court of summary jurisduction shall consist of one Chairman, who shall be a co-director of the Ansars Directory, and no less than two members, who shall be other officers of the same Directory.

14. Rules of procedure of the courts.- Special courts and courts of summary jurisdiction shall discharge their duties in such manner as may be prescibed by regulations.

15. Disciplinary measures.- (1) Notwithstanding anything contained in this Act or in any other Act, if any person holding any of the ranks mentioned in sub-section (1) of section 7-

i) shows his unwillingness, or neglects, to discharge the duties conferred on him;
ii) is guilty of any breach of discipline or misbehaves;
iii) is corrupt;
he shall be punished with one or more of the following punishments;
a) dismissal;
b) removal from office;
c) degradation;
d) promotion stop for no more than two years;
e) forfeiture of seniority for no more than one year;
f) confiscation of wages or allowances of no more than hundred days;
g) a fine equal to the wages of no more than fifteen days;
h) detachment in the quarter guard for no more than hundred days;
i) additional work for no more than three days;
j) severe reprimand;
k) reprimand.
(2) Notwithstanding anything contained in sub-section (1), the Director General or an officer authorised by the Director General (but not ranking below a battalion commander) may punish any member of the Battalion Ansars being in rank inferior to them with one or more of the punishments mentioned in sub-section (1).
(3) No member of the Battalion Ansars shall be punished with any punishment under this section without having received opportunity to defend himself.

16. Appeal.- Any order imposing any punishment on any member of the Battalion Ansars under section 15 may, within thirty days from the date on which the order has been issued, be appealed against to the Director General and the order imposing a punishment shall be final subject to the decision of the appeal.

17. Arrest of members of the Battalion Ansars. If any member of the Battalion Ansars deserts the Battalion Ansars, the Battalion Commander shall request in writing the officer in charge of the police station within the area of jurisdiction of which the permanent or actual residence of the deserting ansar is situated to arrest and surrender him to the Battalion and the officer in charge of the police station shall consider such request as a warrant issued by a magistrate and surrender the deserting battalion ansar to the Battalion.

18. Delegation of powers.- The Director General may, if necessary, by order in writing, delegate any of his powers or duties under this Act to any officer inferior to him.

19. Power to make rules.- The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Act.

20. Power to make regulations.- The Director General may, on prior consent from the Government and by publication in the official Gazette, make such regulations as are not inconsistent with this Act or any rules for carrying out the purposes of this Act.

21. Repeals and savings.- (1) All the orders of the existing Government relating to the constitution of the Battalion Ansars, hereinafter referred to as the said orders, are herewith cancelled.
(2) All the properties, both movable and immovable, funds, obligations and documents of the Battalion Ansars constituted by the said orders shall be properties, funds, obligations and documents of the Battalion Ansars constituted under this Act.
(3) All battalian ansars enrolled as battalian ansars under the said orders immediately before the commencement of this Act shall be deemed to be battalian ansars enrolled under this Act.
(4) All measures taken under the said orders shall, subject to their not being inconsistent with the provisions of this Act, remain in force until being repealed or amended.
(5) All orders or directions issued by the Director General in respect of the Battalion Ansars immediately before the commencement of this Act shall, subject to their not being inconsistent with the provisions of this Act, remain in force until being repealed or amended.
 
 


Schedule
(see section 11 (3))










Whereas the ....................... special court/court of summary jurisdiction has convicted and punished with a term of imprisonment of .......................Mr. ......... of the Battalion................ holding the rank of ............... with the permanent address/actual address ............; and whereas it is expedient to surrender the said Mr. ........... so that he may serve his sentence, therefore the said Mr. ..... has been herewith surrendered to me for the purpose mentioned above.

Chairman
special court/court of summary jurisdiction