act
dict |
|---|
{
"id": 102,
"lower_text": [
"1 The words, figures and comma \"section 16 of the Customs Act, 1969\" were substituted, for the words, figures and comma \"section 19 of the Sea Customs Act, 1878\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The words, comma and figure \"Customs Act, 1969\" were substituted, for the words and comma \"law relating to Sea Customs, and the law for the time being in force relating to Sea Customs or any such article shall apply accordingly\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The words and figure \"or under section 4A\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"4 The word \"Taka\" was substituted, for the word \"rupees\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Destructive Insects and Pests Act, 1914",
"num_of_sections": 8,
"published_date": "3rd February, 1914",
"related_act": [
354,
430,
102
],
"repelled": true,
"sections": [
{
"act_id": 102,
"details": "1. \tThis Act may be called to Destructive Insects and Pests Act, 1914.",
"name": "Short title",
"related_acts": "102",
"section_id": 1
},
{
"act_id": 102,
"details": "2. \tIn this Act, unless there is anything repugnant in the subject or context,- (a) \t\"crops\" includes all agricultural or horticultural crops and all trees, bushes or plants; (b) \t\"import\" means the bringing or taking by sea, land or air across any customs frontier as defined by the Government; (c)\t\"infection\" means infection by any insect, fungus or other pest injurious to a crop.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 102,
"details": "3.(1) The Government may, by notification in the official Gazette, prohibit or regulate, subject to such restrictions and conditions as it may impose, the import into Bangladesh, or any part thereof, or any specified place therein, of any article or class of articles likely to cause infection to any crop or of insects generally or any class of insects. (2) A notification under this section may specify any article or class of articles or any insect of class of insects either generally or in any particular manner, whether with reference to the country of origin, or the route by which imported or otherwise.",
"name": "Power of Government to regulate or prohibit the import of articles likely to infect",
"related_acts": "",
"section_id": 3
},
{
"act_id": 102,
"details": "4. \tA notification under section 3 shall operate as if it had been issued under 1section 16 of the Customs Act, 1969, and the officers of Customs at every port shall have the same powers in respect of any article with regard to the importation of which such a notification has been issued as they have for the time being in respect of any article the importation of which is regulated, restricted or prohibited by the 2Customs Act, 1969.",
"name": "Operation of notification under section 3",
"related_acts": "354,354",
"section_id": 4
},
{
"act_id": 102,
"details": "4A-4D.\tOmitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 5
},
{
"act_id": 102,
"details": "5.(1) The Government may make rules for the detention, inspection, disinfection or destruction of any insect or class of insects or of any article or class of articles in respect of which a notification has been issued under section 3 3* * * or of any article which may have been in contact or proximity thereto, and for regulating the powers and duties of the officers whom it may appoint in this behalf. (2) \tIn making any rule under this section the Government may direct that a breach thereof shall be punishable with fine which may extend to one thousand 4Taka.",
"name": "Power of Government to make rules",
"related_acts": "",
"section_id": 6
},
{
"act_id": 102,
"details": "5A.\tOmitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 7
},
{
"act_id": 102,
"details": "6.\tNo suit, prosecution or other legal proceeding shall lie against any person for anything in good faith done or intended to be done under this Act.",
"name": "Protection to persons acting under Act",
"related_acts": "",
"section_id": 8
}
],
"text": "♣An Act to prevent the introduction into Bangladesh *** of any insect, fungus or other pest, which is or may be destructive to crops. WHEREAS it is expedient to make provision for preventing the introduction into Bangladesh * * * of any insect, fungus or other pest, which is or may be destructive to crops; It is hereby enacted as follows:-"
} |
{
"id": 103,
"lower_text": [
"1 The word \"Bangladesh\" was substituted, for the word \"Pakistan\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The definitions \"the Government\" or \"the appropriate Government\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The word \"Taka\" was substituted, for the word \"rupees\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"4 The words, commas and figures \"Article 16 of Bangladesh Bank Order, 1972 (P.O. No. 127 of 1972),\" were substituted, for the words, comma and figures \"section 26 of the Indian Paper Currency Act, 1910,\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Local Authorities Loans Act, 1914",
"num_of_sections": 10,
"published_date": "28th February, 1914",
"related_act": [
415,
430,
103
],
"repelled": false,
"sections": [
{
"act_id": 103,
"details": "1.(1) This Act may be called the Local Authorities Loans Act, 1914. (2) \tIt extends to the whole of 1Bangladesh.",
"name": "Short title and extent",
"related_acts": "103",
"section_id": 1
},
{
"act_id": 103,
"details": "2.\tIn this Act, \"local authority\" means any person legally entitled to the control or management of any local or municipal fund, or legally entitled to impose any cess, rate, duty or tax within any local area; \"funds\", used with reference to any local authority, includes any local or municipal fund to the control or management of which such authority is legally entitled, and any cess, rate, duty or tax which such authority is legally entitled to impose, and any property vested in such authority; \"prescribed\" means prescribed by rules made under this Act; and \"work\" includes a survey, whether incidental to any other work or not; 2* * *",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 103,
"details": "3.(1) A local authority may, subject to the prescribed conditions, borrow on the security of its funds or any portion thereof for any of the following purposes, namely:- (i) \tthe carrying out of any works which it is legally authorized to carry out, (ii) \tthe giving of relief and the establishment and maintenance of relief works in times of famine or scarcity, (iii) the prevention of the outbreak or spread of any dangerous epidemic disease, (iv) \tany measures which may be connected with or ancillary to any purposes specified in clauses (ii) and (iii), (v) \tthe repayment of money previously borrowed in accordance with law: Provided that nothing in clause (v) shall be deemed to empower a local authority to fix a period for the repayment of any money borrowed thereunder which, when the period fixed for the repayment of the money previously borrowed is taken into account, will exceed maximum period fixed for the repayment of a loan by or under any enactment for the time being in force: Provided further that, in the case of loans other than loans made by the Government, no amount exceeding twenty-five lakhs of 3Taka shall be borrowed unless the terms, including the date of flotation, of such loan have been approved by the Government. (2) Nothing in this section shall be deemed to authorize any local authority- (a) \tto borrow or spend money for any purpose for which, under the law for the time being in force, it is not authorized to apply its funds, or (b) \tto borrow money by means of the issue of bills or promissory notes payable within any period not exceeding twelve months.",
"name": "Borrowing powers of local authority",
"related_acts": "",
"section_id": 3
},
{
"act_id": 103,
"details": "4.(1) The Government, may make rules consistent with this Act as to- (i) \tthe nature of the funds on the security or which money may be borrowed; (ii) \tthe works for which money may be borrowed; (iii) \tthe manner of making applications for permission to borrow money; (iv) \tthe inquiries to be made in relation to such loans, and the manner of conducting such inquiries; (v) \tthe cases and the forms in which particulars of applications and proceedings, and orders thereon, shall be published; (vi) \tthe cases in which the Government may make loans; (vii) \tthe cases in which local authorities may take loans from persons other than the Government; (viii) the manner of recording and enforcing the conditions on which money is to be borrowed; (ix) \tthe manner and time of making or raising loans; (x) \tthe inspection of any works carried out by means of loans; (xi) \tthe instalments, if any, by which loans shall be repaid, the interest to be charged on loans, and the manner and time of repaying loans and of paying the interest thereon; (xii) \tthe sum to be charged against the funds which are to form the security for the loan, as costs in effecting the loan; (xiii) the attachment of such funds, and the manner of disposing of or collecting them; (xiv) the accounts to be kept in respect of loans; (xv) \tthe utilization of unexpended balances of loans either in the reduction in any way of the debt of the local authority, or in carrying out any works which that authority is legally authorized to carry out; and the sanction necessary to such utilization; and as to all other matters incidental to carrying this Act into effect. (2) Repealed by section 2 and Schedule I of the Devolution Act, 1920 (Act No. XXXVIII of 1920). (3) \tAll rules made under this Act shall be published in the official Gazette, and on such publication, shall have effect as if enacted in this Act.",
"name": "Power to Government to make rules",
"related_acts": "",
"section_id": 4
},
{
"act_id": 103,
"details": "Provided that no such attachment shall defeat or prejudice any debt for which the funds attached were previously pledged in accordance with law; but all such prior charges shall be paid out of the proceeds of the funds before any part of the proceeds is applied to the satisfaction of the liability in respect of which such attachment is made.",
"name": "Attachment not to defeat prior charges legally made",
"related_acts": "",
"section_id": 5
},
{
"act_id": 103,
"details": "5.\tIf any money borrowed in accordance with the provisions of this Act or any interest or costs due in respect thereof, is or are not repaid according to the conditions of the loan, the Government, if itself the lender, may, and, if the Government is not the lender, shall, on the application of the lender, attach the funds on the security of which the loan was made. After such attachment, no person, except an officer appointed in his behalf by the Government, shall in any way deal with the attached funds; but such officer may do all acts in respect thereof which the borrowers might have done if such attachment had not taken place, and may apply the proceeds in satisfaction of the loan and of all interests and costs due in respect thereof and of all expenses caused by the attachment and subsequent proceedings:",
"name": "Remedy by attachment if loan not repaid.",
"related_acts": "",
"section_id": 6
},
{
"act_id": 103,
"details": "6.(1) Subject to the provisions of 4Article 16 of Bangladesh Bank Order, 1972 (P. O. No. 127 of 1972), the local authorities mentioned in Schedule I and any other local authority to which the Government may, by notification in the official Gazette, extend the provisions of this section, may, with the previous sanction of the Government borrow money by means of the issue of bills or promissory notes payable within any period, not exceeding twelve months, for any purpose for which such local authority may lawfully borrow money under any law for the time being in force: Provided that the amount of the bills or promissory notes which may be so issued, shall not exceed, when the amount of the other moneys for the time being borrowed by such local authority is taken into account, the total amount which such local authority is empowered by law to borrow. (2) \tThe Government may, by general or special order, regulate the conditions on which money may be borrowed or repaid under this section.",
"name": "Issue of short term bills",
"related_acts": "415",
"section_id": 7
},
{
"act_id": 103,
"details": "7. Except as provided by or under this Act, no local authority shall, for any purpose, borrow money upon, or otherwise charge its funds; and any contract otherwise made for that purpose after the passing of this Act shall be void: Provided that nothing herein contained shall be deemed- (a) \tto preclude any local authority from exercising the borrowing powers conferred on it by any special enactment now or hereafter in force; or (b) \tto affect the power conferred on any local authority by any such enactment to charge its funds, by guaranteeing the payment of interest on money to be applied to any purpose to which the funds of the local authority can legally be applied.",
"name": "Loans not to be effected except under this Act",
"related_acts": "",
"section_id": 8
},
{
"act_id": 103,
"details": "8. \tOmitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 9
},
{
"act_id": 103,
"details": "9.\tRepealed by section 2 and Schedule of the Repealing Act, 1927 (Act No. XII of 1927).",
"name": "Repealed",
"related_acts": "",
"section_id": 10
}
],
"text": "♣An Act to consolidate and amend the law relating to the grant of loans to Local Authorities. Preamble WHEREAS it is expedient to consolidate and amend the law relating to the borrowing powers of local authorities; It is hereby enacted as follows:-"
} |
{
"id": 104,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the words \"Bangladesh\", \"Government\" and \"Taka\" were substituted, for the words \"Pakistan\", \"Provincial Government\" and \"rupees\" respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The words \"in the Province\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Medical Degrees Act, 1916",
"num_of_sections": 8,
"published_date": "16th March, 1916",
"related_act": [
104,
430
],
"repelled": true,
"sections": [
{
"act_id": 104,
"details": "1. \tThis Act may be called the Medical Degrees Act, 1916.",
"name": "Short title",
"related_acts": "104",
"section_id": 1
},
{
"act_id": 104,
"details": "2. \tIn this Act, \"Western medical science\" means the Western methods of Allopathic medicine, Obstetrics and Surgery, but does not include the Homoeopathic or Ayurvedic or Unani system of medicine.",
"name": "Definition",
"related_acts": "",
"section_id": 2
},
{
"act_id": 104,
"details": "3. The right of conferring, granting, or issuing in Bangladesh degrees, diplomas, licences, certificates or other documents stating or implying that the holder, grantee or recipient thereof is qualified to practise Western medical science, shall be exercisable only by the authorities specified in the Schedule, and by such other authority as the Government may, by notification in the official Gazette, and subject to such conditions and restrictions as it thinks fit to impose, authorize in this behalf.",
"name": "Right to confer degrees, etc.",
"related_acts": "",
"section_id": 3
},
{
"act_id": 104,
"details": "4.\tSave as provided by section 3, no person in Bangladesh shall confer, grant, or issue, or hold himself out as entitled to confer, grant or issue any degree, diploma, licence, certificate or other document stating or implying that the holder, grantee or recipient is qualified to practise Western medical science.",
"name": "Prohibition of unauthorized conferment of degrees, etc",
"related_acts": "",
"section_id": 4
},
{
"act_id": 104,
"details": "5.\tWhoever contravenes the provisions of section 4 shall be punishable with fine which may extend to one thousand Taka; and, if the person so contravening is an association, every member of such association who knowingly and wilfully authorizes or permits the contravention, shall be punishable with fine which may extend to five hundred Taka.",
"name": "Contravention of section 4",
"related_acts": "",
"section_id": 5
},
{
"act_id": 104,
"details": "6. \tWhoever voluntarily and falsely assumes, or uses any title or description or any addition to his name implying that he holds a degree, diploma, licence or certificate conferred, granted or issued by any authority referred to in section 3, or recognized by the General Council of Medical Education of the United Kingdom, or that he is qualified to practise Western medical science, shall be punishable with fine which may extend to two hundred and fifty Taka, or, if he subsequently commits, and is convicted of, an offence punishable under this section, with fine which may extend to five hundred Taka: Provided that nothing in this section shall apply to the use by any person of any title, description, or addition which, prior to the commencement of this Act, he used in virtue of any degree, diploma, licence or certificate conferred upon, or granted or issued to him.",
"name": "Penalty for falsely assuming or using medical titles",
"related_acts": "",
"section_id": 6
},
{
"act_id": 104,
"details": "7. \tNo Court shall take cognizance of an offence punishable under this Act except upon complaint made by order of the Government, or upon complaint made, with the previous sanction of the Government, by a Council of Medical Registration established by any enactment for the time being in force 2* * *.",
"name": "Cognizance of offences",
"related_acts": "",
"section_id": 7
},
{
"act_id": 104,
"details": "8. \tNo Court inferior to that of a Magistrate of the first class shall try any offence punishable under this Act.",
"name": "Jurisdiction of Magistrates",
"related_acts": "",
"section_id": 8
}
],
"text": "1♣An Act to regulate the grant of titles implying qualifications in Western medical science, and the assumption and use by unqualified persons of such titles. WHEREAS it is expedient to regulate the grant of titles implying qualifications in Western medical science, and the assumption and use by unqualified persons of such titles; It is hereby enacted as follows:-"
} |
{
"id": 105,
"lower_text": [
"1 The word \"Bangladesh\" was substituted, for the word \"Pakistan\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The word \"Government\" was substituted, for the words \"Provincial Government\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The word \"Bangladesh\" was substituted, for the words \"the Province\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Hindu Disposition of Property Act, 1916",
"num_of_sections": 5,
"published_date": "28th September, 1916",
"related_act": [
48,
105,
138,
430
],
"repelled": false,
"sections": [
{
"act_id": 105,
"details": "1.(1) This Act may be called the Hindu Disposition of Property Act, 1916. (2) \tIt extends to the whole of 1Bangladesh.",
"name": "Short title and extent",
"related_acts": "105",
"section_id": 1
},
{
"act_id": 105,
"details": "2.\tSubject to the limitations and provisions specified in this Act, no disposition of property by a Hindu, whether by transfer inter vivos by will, shall be invalid by reason only that any person for whose benefit it may have been made was not in existence at the date of such disposition.",
"name": "Dispositions for the benefit of persons not in existence",
"related_acts": "",
"section_id": 2
},
{
"act_id": 105,
"details": "3. \tThe limitations and provisions referred to in section 2 shall be the following, namely:- (a) \tin respect of dispositions by transfer inter vivos, those contained in Chapter II of the Transfer of Property Act, 1882, and (b) \tin respect of dispositions by will, those contained in sections 113, 114, 115 and 116 of the Succession Act, 1925.",
"name": "Limitations and conditions",
"related_acts": "48,138",
"section_id": 3
},
{
"act_id": 105,
"details": "4. \tRepealed by section 12 of the Transfer of Property (Amendment) Supplementary Act, 1929 (Act No. XXI of 1929).",
"name": "Repealed",
"related_acts": "",
"section_id": 4
},
{
"act_id": 105,
"details": "5. \tWhere the 2Government is of opinion that the Khoja community in 3Bangladesh or any part thereof desire that the provisions of this Act should be extended to such community, it may, by notification in the official Gazette, declare that the provisions of this Act, with the substitution of the word \"Khojas\" or \"Khoja\", as the case may be, for the word \"Hindus\" or \"Hindu\" wherever those words occur, shall apply to that community in such area as may be specified in the notification, and this Act shall thereupon have effect accordingly.",
"name": "Application of this Act to the khoja community",
"related_acts": "",
"section_id": 5
}
],
"text": "An Act to remove certain existing disabilities in respect of the power of disposition of property by Hindus for the benefit of persons not in existence at the date of such disposition. WHEREAS it is expedient to remove certain existing disabilities in respect of the power of disposition of property by Hindus for the benefit of persons not in existence at the date of such disposition; It is hereby enacted as follows:-"
} |
{
"id": 106,
"lower_text": [
"1 The words \"the Supreme Court\" were substituted, for the words \"a High Court\" or \"the High Court\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The words \"the Supreme Court\" were substituted, for the words \"a High Court\" or \"the High Court\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The words \"Board of Land Administration\" were substituted, for the word \"Government\" by section 4 and Schedule of the Laws (Amendment) Ordinance, 1982 (Ordinance No. XLI of 1982)",
"4 Clause (c) was substituted, for clause (c) by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"5 The words \"the Supreme Court\" were substituted, for the words \"any High Court\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"6 The words \"the Government\" were substituted, for the words \"any Provincial Government\" or \"the Provincial Government\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"7 The words \"the Government\" were substituted, for the words \"any Provincial Government\" or \"the Provincial Government\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"8 The semi-colon and words \"; and rules made by an officer specially authorized in that behalf by the Central Government shall be subject to the previous approval of the Central Government\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Destruction of Records Act, 1917",
"num_of_sections": 6,
"published_date": "28th February, 1917",
"related_act": [
106,
430
],
"repelled": false,
"sections": [
{
"act_id": 106,
"details": "1. \tThis Act may be called the Destruction of Records Act, 1917.",
"name": "Short title",
"related_acts": "106",
"section_id": 1
},
{
"act_id": 106,
"details": "2. \tRepealed by the Government of India (Adaptation of Indian Laws) Order, 1937.",
"name": "Repealed",
"related_acts": "",
"section_id": 2
},
{
"act_id": 106,
"details": "3.(1) The authorities hereinafter specified may, from time to time, make rules for the disposal, by destruction or otherwise, of such documents as are, in the opinion of the authority making the rules, not of sufficient public value to justify their preservation. (2) \tThe authorities shall be- (a) \tin the case of documents in the possession or custody of 1the Supreme Court or of the Courts of Civil or Criminal jurisdiction subordinate thereto,- 2the Supreme Court; (b) \tin the case of documents in the possession or custody of Revenue Courts and officers,-The 3Board of Land Administration; and 4(c) in the case of documents in the possession or custody of any other public officer, the Government or any officer specially authorized in that behalf by the Government. (3) \tRules made under this section by 5the Supreme Court or by an officer specially authorized in that behalf by 6the Government shall be subject to the previous approval of the 7the Government 8* * *.",
"name": "Power to certain authorities to make rules for disposal of documents",
"related_acts": "",
"section_id": 3
},
{
"act_id": 106,
"details": "4.\tOmitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 4
},
{
"act_id": 106,
"details": "5. \tNothing in this Act shall be deemed to authorize the destruction of any document which, under the provisions of any law for the time being in force, is to be kept and maintained.",
"name": "Saving of certain documents.",
"related_acts": "",
"section_id": 5
},
{
"act_id": 106,
"details": "6. \tRepealed by the Repealing Act, 1927 (Act No. XII of 1927).",
"name": "Repealed",
"related_acts": "",
"section_id": 6
}
],
"text": "An Act to consolidate and amend the law providing for the destruction or other disposal of certain documents in the possession or custody of Courts and Revenue and other public officers. WHEREAS it is expedient to consolidate and amend the law providing for the destruction or other disposal of certain documents in the possession or custody of Courts and Revenue and other public officers; It is hereby enacted as follows:-"
} |
{
"id": 107,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the words \"Bangladesh\" and \"Government\" were substituted, for the words \"Pakistan\" and \"Central Government\" respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The words \"India or Pakistan\" were substituted, for the word \"India\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Post Office Cash Certificates Act, 1917",
"num_of_sections": 3,
"published_date": "19th September, 1917",
"related_act": [
107,
28,
430
],
"repelled": false,
"sections": [
{
"act_id": 107,
"details": "1.\tThis Act may be called the Post Office Cash Certificates Act, 1917.",
"name": "Short title",
"related_acts": "107",
"section_id": 1
},
{
"act_id": 107,
"details": "2.(1) Notwithstanding any provision in any enactment or any rule of law for the time being in force to the contrary, no transfer (whether made before or after the commencement of this Act) of a Post Office 5-year Cash Certificate shall be valid without the previous consent in writing of an officer of the Post Office authorized by general or special order of the Government in that behalf. (2) \tIn this section \"transfer\" means a transfer inter vivos and does not include a transfer by operation of law.",
"name": "Prohibition of transfer of post Office 5-year Cash Certificates without the consent of an authorized officer",
"related_acts": "",
"section_id": 2
},
{
"act_id": 107,
"details": "3.(1) If a person dies and is at the time of his death the holder of a Post Office 5-year Cash Certificate, payment of the sum for the time being due on such Certificate may be made in the manner provided in the Government Savings Banks Act, 1873, for the payment of deposits belonging to the estates of deceased persons, and the provisions of sections 4 to 9 of the said Act shall apply accordingly as if the holder of such Certificate were a depositor in a Government Savings Bank and the sum for the time being due on such certificate were a deposit in such a Bank and as if for the words \"three thousand\" in section 8 of the said Act the words \"five thousand\" were substituted: Provided that the powers conferred by the said provisions on the Secretary of a Government Savings Bank shall be exercisable by the Postmaster-General for the area within which the post office of issue of such Certificate is situate or if that area is in 2India or Pakistan, by the Postmaster-General for such area in Bangladesh as the Government may by General or special order specify in this behalf: Provided further that, where in anyone case payment is to be made of Certificates issued from more post offices than one, the said powers shall be exercisable by the Postmaster-General for the area in which any of the said post offices is situate. (2) \tNothing in sub-section (1) shall be deemed to require any person to accept payment of the amount due on a Post Office 5-year Cash Certificate before the same has reached maturity.",
"name": "Payment on death of holder of Post Office 5-year Cash Certificate",
"related_acts": "28",
"section_id": 3
}
],
"text": "1♣An Act to restrict the transfer of Post Office 5-year Cash Certificates and to provide for the payment of Certificates standing in the name of deceased persons. WHEREAS it is expedient to restrict the transfer of Post Office 5-year Cash Certificates and to provide for the payment of Certificates standing in the name of deceased persons; It is hereby enacted as follows:-"
} |
{
"id": 108,
"lower_text": [
"1 The word \"Bangladesh\" was substituted, for the word \"Pakistan\" by Article 2 of the Cinematograph (Bangladesh Amendment) Order, 1972 (President's Order No. 40 of 1972)",
"2 Sub-section (3) was substituted, for the former sub-section (3) by Article 2 of the Cinematograph (Bangladesh Amendment) Order, 1972 (President's Order No. 40 of 1972)",
"3 Section 2 was substituted, for section 2 by section 2 of the Cinematograph (Amendment) Ordinance, 1982 (Ordinance No. LVII of 1982)",
"4 Section 3A was inserted by section 3 of the Cinematograph (Amendment) Ordinance, 1982 (Ordinance No. LVII of 1982)",
"5 Section 4 was substituted, for the former section 4 by section 2 of the Cinematograph (Amendment) Ordinance, 1976 (Ordinance No. XVII of 1976)",
"6 The words \"the authority\" was substituted, for the words \"an authority\" by Article 5 of the Cinematograph (Bangladesh Amendment) Order, 1972 (President's Order No. 40 of 1972)",
"7 The word \"Provincial\" was omitted by Article 5 of the Cinematograph (Bangladesh Amendment) Order, 1972 (President's Order No. 40 of 1972)",
"8 Section 6 was substituted, for the former section 6 by section 4 of the Cinematograph (Amendment) Ordinance, 1982 (Ordinance No. LVII of 1982)",
"9 The word \"Provincial\" was omitted by Article 7 of the Cinematograph (Bangladesh Amendment) Order, 1972 (President's Order No. 40 of 1972)",
"10 Clauses (b) and (bb) were omitted by section 13 of the Censorship of Films Act, 1963 (Act No. XVIII of 1963)",
"11 Sub-section (3) was repealed by section 2 and Schedule I of the Devolution Act, 1920 (Act No. XXXVIII of 1920)",
"12 The word \"Provincial\" was omitted by Article 7 of the Cinematograph (Bangladesh Amendment) Order, 1972 (President's Order No. 40 of 1972)"
],
"name": "The Cinematograph Act, 1918",
"num_of_sections": 10,
"published_date": "6th March, 1918",
"related_act": [
108,
334
],
"repelled": false,
"sections": [
{
"act_id": 108,
"details": "1.(1) This Act may be called the Cinematograph Act, 1918. (2) \tIt extends to the whole of 1Bangladesh. 2(3) It shall come into force at once.",
"name": "Short title, extent and commencement",
"related_acts": "108",
"section_id": 1
},
{
"act_id": 108,
"details": "32. \tIn this Act, unless there is anything repugnant in the subject or context,- (a) \"cassette\" means a magazine or container of ferromagnetic recording tapes having the operating characteristic of being directly loaded into magnetic tape recording or re-producing machine; (b) \"cinematograph\" means a composite equipment including a video-cassette recorder used for production, projection and exhibition of motion picture film; (c) \t\"film\", in relation to a motion picture, means a thin flexible ribbon of transparent material having perforations along one or both edges and bearing a sensitized layer or other coating capable of producing photographic images; and includes unexposed film, exposed but unprocessed film and exposed and processed film; (d) \t\"place\" includes a house, building, tent or vessel; (e) \t\"prescribed\" means prescribed by rules made under this Act; and (f)\t\"video-cassette recorder\" means an electromagnetic equipment for recording and reproducing motion picture and sound signals simultaneously on cassette tapes.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 108,
"details": "3. \tSave as otherwise provided in this Act, no person shall give an exhibition by means of a cinematograph elsewhere than in a place licensed under this Act, or otherwise than in compliance with any conditions and restrictions imposed by such license.",
"name": "Cinematograph exhibition to be licensed",
"related_acts": "",
"section_id": 3
},
{
"act_id": 108,
"details": "43A. No person shall give a public exhibition by means of a video-cassette recorder and no place shall be licensed under this Act for such exhibition.",
"name": "Video-cassette recorder not to be used for public exhibition",
"related_acts": "",
"section_id": 4
},
{
"act_id": 108,
"details": "54.\tThe authority having power to grant licences under this Act (hereinafter referred to as the \"licensing authority\") shall be the Deputy Commissioner.",
"name": "Licensing authority",
"related_acts": "",
"section_id": 5
},
{
"act_id": 108,
"details": "5.(1) The licensing authority shall not grant a licence under this Act, unless it is satisfied that- (a) \tthe rules made under the Act have been substantially complied with; and (b) \tadequate precautions have been taken in the place in respect of which the licence is to be given to provided for the safety of persons attending exhibitions therein. (2) \tA condition shall be inserted in every licence that the licensee will not exhibit, or permit to be exhibited, in such place any film other than a film which has been certified as suitable for public exhibition by 6the authority constituted under the Censorship of Films Act, 1963, and which, when exhibited, displays the prescribed mark of that authority, and has not been altered or tampered with in any way since such mark was affixed thereto. (3) \tSubject to the foregoing provisions of this section, and to the control of the 7* * * Government, the licensing authority may grant licences under this Act to such persons as it thinks fit, and on such terms and conditions, and subject to such restrictions as it may determine.",
"name": "Restrictions on powers of licensing authority",
"related_acts": "334",
"section_id": 6
},
{
"act_id": 108,
"details": "86.(1) If the owner or person in charge of a cinematograph uses the same or allows it to be used, or if the owner or occupier of any place permits that place to be used, in contravention of the provisions of this Act or the rules made thereunder, or of the conditions and restrictions upon, or subject to which, any licence has been granted under this Act, he shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend to ten thousand taka, or with both; and his licence, if any, shall be liable to be revoked by the licensing authority. (2) \tIf any person is convicted of an offence punishable under this Act committed by him in respect of any cinematograph, film or cassette, the convicting Court may further direct that the cinematograph, film or cassette shall be forfeited to the Government.",
"name": "Punishment for contravention of this Act and rules made thereunder",
"related_acts": "",
"section_id": 7
},
{
"act_id": 108,
"details": "7.\tRepealed by section 13 of the Censorship of Films Act, 1963 (Act No. XVIII of 1963).",
"name": "Repealed",
"related_acts": "334",
"section_id": 8
},
{
"act_id": 108,
"details": "8.(1) The 9* * * Government may make rules for the purpose of carrying into effect the provisions of this Act. (2) \tIn particular and without prejudice to the generality of the foregoing power, rules under this section may provide for- (a) \tthe regulation of cinematograph exhibitions for securing the public safety; and 10* * * (c) any other matter which by this Act is to be prescribed. 11* * * (4) \tAll rules made under this Act shall be published in the official Gazette, and, on such publication, shall have effect as if enacted in this Act.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 9
},
{
"act_id": 108,
"details": "9.\tThe 12* * * Government may, by order in writing, exempt, subject to such conditions and restrictions as it may impose, any cinematograph exhibition or class of cinematograph exhibitions from any of the provisions of this Act or of any rule made thereunder.",
"name": "Power to exempt",
"related_acts": "",
"section_id": 10
}
],
"text": "An Act to make provision for regulating exhibitions by means of Cinematographs. WHEREAS it is expedient to make provision for regulating exhibitions by means of cinematographs; It is hereby enacted as follows:-"
} |
{
"id": 109,
"lower_text": [
"1 The word \"Bangladesh\" was substituted, for the word \"Pakistan\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The word \"Government\" was substituted, for the words \"Provincial Government\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The words, commas and figure \"Notwithstanding anything in the Usury Laws Repeal Act, 1855,\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Usurious Loans Act, 1918",
"num_of_sections": 4,
"published_date": "22nd March, 1918",
"related_act": [
48,
109,
430
],
"repelled": false,
"sections": [
{
"act_id": 109,
"details": "1.(1) This Act may be called the Usurious Loans Act, 1918. (2) \tIt extends to the whole of 1Bangladesh. (3) \tThe 2Government may, by notification in the official Gazette, direct that it shall not apply to any area, class of persons, or class of transactions which it may specify in its notification.",
"name": "Short title and extent",
"related_acts": "109",
"section_id": 1
},
{
"act_id": 109,
"details": "2.\tIn this Act, unless there is anything repugnant in the subject or context,- (1) \t\"Interest\" means rate of interest and includes the return to be made over and above what was actually lent, whether the same is charged or sought to be recovered specially by way of interest or otherwise. (2) \t\"Loan\" means a loan whether of money or in kind and includes any transaction which is, in the opinion of the Court, in substance a loan. (3) \t\"Suit to which this Act applies\" means any suit- (a) \tfor the recovery of a loan made after the commencement of this Act; or (b) \tfor the enforcement of any security taken or any agreement, whether by way of settlement of account or otherwise, made, after the commencement of this Act, in respect of any loan made either before or after the commencement of this Act; or (c) \tfor the redemption of any security given after the commencement of this Act in respect of any loan made either before or after the commencement of this Act.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 109,
"details": "3.(1) 3* * * where, in any suit to which this Act applies, whether heard ex parte or otherwise, the Court has reason to believe,- (a) \tthat the interest is excessive; and (b) \tthat the transaction was, as between the parties thereto, substantially unfair, the Court may exercise all or any of the following powers, namely, may,- (i) \tre-open the transaction, take an account between the parties, and relieve the debtor of all liability in respect of any excessive interest; (ii) \tnotwithstanding any agreement, purporting to close previous dealings and to create a new obligation, re-open any account already taken between them and relieve the debtor of all liability in respect of any excessive interest, and if anything has been paid or allowed in account in respect of such liability, order the creditor to repay any sum which it considers to be repayable in respect thereof; (iii) \tset aside either wholly or in part or revise or alter any security given or agreement made in respect of any loan, and if the creditor has parted with the security, order him to indemnify the debtor in such manner and to such extent as it may deem just: Provided that, in the exercise of these powers, the Court shall not- (i) \tre-open any agreement purporting to close previous dealings and to create a new obligation which has been entered into by the parties or any persons from whom they claim at a date more than twelve years from the date of the transaction; (ii) \tdo anything which affects any decree of a Court. Explanation.- In the case of a suit brought on a series of transactions the expression \"the transaction\" means, for the purposes of proviso (i), the first of such transactions. (2) \t(a) In this section \"excessive\" means in excess of that which the Court deems to be reasonable having regard to the risk incurred as it appeared, or must be taken to have appeared, to the creditor at the date of the loan. (b) \tIn considering whether interest is excessive under this section, the Court shall taken into account any amount charged or paid, whether in money or in kind, for expenses, inquiries, fines, bonuses, premia, renewals or any other charges, and if compound interest is charged, the periods at which it is calculated and the total advantage which may reasonably be taken to have been expected from the transaction. (c) \tIn considering the question of risk, the Court shall take into account the presence or absence of security and the value thereof, the financial condition of the debtor and the result of any previous transactions of the debtor, by way of loan, so far as the same were known, or must be taken to have been known, to the creditor. (d) \tIn considering whether a transaction was substantially unfair, the Court shall take into account all circumstances materially affecting the relations of the parties at the time of the loan or tending to show that the transaction was unfair, including the necessities or supposed necessities of the debtor at the time of the loan so far as the same were known, or must be taken to have been known, to the creditor. Explanation – Interest may of itself be sufficient evidence that the transaction was substantially unfair. (3) \tThis section shall apply to any suit, whatever its form may be, if such suit is substantially one for the recovery of a loan or for the enforcement of any agreement of security in respect of a loan or for the redemption of any such security. (4) \tNothing in this section shall affect the rights of any transferee for value who satisfies the Court that the transfer to him was bona fide, and that he had at the time of such transfer no notice of any fact which would have entitled the debtor as against the lender to relief under this section. For the purposes of this sub-section, the word \"notice\" shall have the same meaning as is ascribed to it in section 4 of the Transfer of Property Act, 1882. (5) \tNothing in this section shall be construed as derogating from the existing powers or jurisdiction of any Court.",
"name": "Re-opening of transactions",
"related_acts": "48",
"section_id": 3
},
{
"act_id": 109,
"details": "4. \tOn any application relating to the admission or amount of a proof of a loan in any insolvency proceedings, the Court may exercise the like powers as may be exercised under section 3 by a Court in a suit to which this Act applies.",
"name": "Insolvency proceedings",
"related_acts": "",
"section_id": 4
}
],
"text": "An Act to give additional powers to Courts to deal in certain cases with usurious loans of money or in kind. WHEREAS it is expedient to give additional powers to Courts to deal in certain cases with usurious loans of money or in kind; It is hereby enacted as follows:-"
} |
{
"id": 110,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the word \"Government\" was substituted, for the words \"Central Government\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The word \"Bangladesh\" was substituted, for the word \"Pakistan\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Companies (Foreign Interests) Act, 1918",
"num_of_sections": 4,
"published_date": "26th September, 1918",
"related_act": [
430,
110
],
"repelled": false,
"sections": [
{
"act_id": 110,
"details": "1.\tThis Act may be called the Companies (Foreign Interests) Act, 1918.",
"name": "Short title",
"related_acts": "110",
"section_id": 1
},
{
"act_id": 110,
"details": "2.(1) In this Act- (a) \tthe expression \"Commonwealth citizen\" has the same meaning as in section 1 of the British Nationality Act, 1948, but shall include any association incorporated in any part of the Commonwealth, including 2Bangladesh; (b) \tthe expression \"restrictive provision\" means any provision in the articles of association of a company which, in the opinion of the Government, is designed to restrict or limit or has the effect or restricting or limiting the share or shares or interest which may be held, or the rights, powers or authority which may be conferred upon or exercised by or on behalf of persons other than Commonwealth citizens in the company, or in respect of the control, management or direction of the affairs thereof. (2) \tAll words and expressions used in this Act and defined in the Companies Act, 1913, shall be deemed to have the meanings respectively attributed to them by that Act.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 110,
"details": "3.\tThis Act shall apply to such companies as the Government may, by notification in the official Gazette, declare to be companies with restrictive provisions, and any such notification shall specify the restrictive provisions.",
"name": "Application of Act",
"related_acts": "",
"section_id": 3
},
{
"act_id": 110,
"details": "4. \tSo long as a notification issued under section 3 is in force in respect of any company, notwithstanding anything to the contrary in any other Act- (1) \tno alteration of the articles of association of the company affecting either directly or indirectly any restrictive provision shall be of any effect until it has received the consent in writing of the Government; (2) \ta resolution for the voluntary winding up of the company shall be of no effect unless the Government authorities or ratifies it by a written consent; (3) \tany Court which has jurisdiction to wind up the company may in its discretion refuse to make a winding up order. In the exercise of its discretion, the Court shall be guided by the consideration whether the winding up is bona fide with a view to the discontinuance of the undertaking or is with a view to continuing the undertaking freed either wholly or in part from any restrictive provision; (4) \tthe Government in giving consent, or the Court in making a winding up order, as the case may be, may impose such terms or conditions for giving effect to the purposes of this Act as it thinks fit.",
"name": "Alterations in restrictive provisions and winding up",
"related_acts": "",
"section_id": 4
}
],
"text": "1♣An Act to take power to prohibit the alteration, except with the sanction of the Government, of articles of association which restrict foreign interests in certain companies, and to provide for other purposes connected therewith. WHEREAS, it is expedient to take power to prohibit the alteration, except with the sanction of the Government, of articles of association which restrict foreign interests in certain companies, and to provide for other purposes connected therewith; It is hereby enacted as follows:-"
} |
{
"id": 111,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the word \"Government\" was substituted, for the words \"Provincial Government\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The word \"Bangladesh\" was substituted, for the words \"the Province\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The word \"Bangladesh\" was substituted, for the words \"the Province\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Cotton Cloth Act, 1918",
"num_of_sections": 14,
"published_date": "26th September, 1918",
"related_act": [
430,
111
],
"repelled": false,
"sections": [
{
"act_id": 111,
"details": "1. \tThis Act may be called the Cotton Cloth Act, 1918.",
"name": "Short title",
"related_acts": "111",
"section_id": 1
},
{
"act_id": 111,
"details": "2. \tIn this Act, unless there is anything repugnant in the subject or context,- (a) \t\"Controller\" means a Controller appointed under this Act; (b) \t\"cotton cloth\" means cotton cloth manufactured in this country; and (c) \t\"standard cloth\" means any kind of cotton cloth which a Controller may , from time to time, declare to be standard cloth.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 111,
"details": "3. \tThe Government may, by notification in the official Gazette, appoint one or more persons as it may think fit to be controllers for the purposes of this Act, and shall specify in any such notification the area in which any controller so appointed shall exercise his powers.",
"name": "Power to appoint Controllers",
"related_acts": "",
"section_id": 3
},
{
"act_id": 111,
"details": "4.(1) Whenever it appears to a Controller that such a course is necessary or expedient for the purpose of encouraging or maintaining the supply of standard cloth, at reasonable rates to the poorer classes of the community, he may (subject to this Act and the rules made thereunder and to the control of the Government), make general or special orders regulating or giving directions within the area in which he is empowered, with respect to the manufacture, transport, distribution and sale or purchase of, or other dealings in, cotton cloth. (2) \tWithout prejudice to the generality of the foregoing power, orders may be made by a Controller- (a) \tdeclaring and defining the classes of standard cloth; (b) \tprescribing distinctive indications which shall be woven into, impressed or otherwise displayed upon, different classes of standard cloth; (c) \trequiring any person, who ordinarily manufactures cotton cloth, to manufacture, or provide for the manufacture of, standard cloth in such quantity, of such quality and by such date as the Controller may direct; and (d) \tfixing the prices to be paid to the manufacturer for standard cloth or for any particular class of standard cloth, and providing for the payment thereof on delivery: Provided that in fixing prices the Controller shall have regard to the cost of production and to the allowance of a reasonable profit, without necessarily taking into consideration the market-price, and if the Controller is satisfied that the manufacturer has incurred actual loss arising out of forward contracts entered into before the commencement of this Act, and that such loss is immediately attributable to an order under this Act, he may take such loss into account: Provided further that the Controller may fix different prices in the case of different localities or, if special reasons exist, in respect of different manufacturers in the same locality.",
"name": "Powers of the Controller",
"related_acts": "",
"section_id": 4
},
{
"act_id": 111,
"details": "5. \tWhere a Controller is appointed in exercise of the power conferred by section 3, the Government shall appoint a Committee consisting of such number of persons having knowledge of the cotton or cotton cloth trade as it thinks fit to assist the Controller with their advice in the performance of his duties. Before a Controller issues any order declaring and defining the classes of standard cloth or fixing the prices to be paid to the manufacturer, he shall consult the Committee, and he may consult the Committee on any other matter connected with his duties: Provided that, if the opinion of the majority of members of the Committee who are present at any meeting is adverse to the issue of any order, the Controller shall, if he does not accept the Committee's advice, refer the matter for the decision of the Government.",
"name": "Appointment of Advisory Committees",
"related_acts": "",
"section_id": 5
},
{
"act_id": 111,
"details": "6.\tWhere, by an order made in the exercise of powers conferred by section 4, the Controller has directed a manufacturer to manufacture, or provide for the manufacture of, standard cloth and has fixed the price therefor, the manufacturer shall deliver the same at such time and place and in such manner as the Controller may specify from time to time, and the Controller shall pay or cause to be paid to the manufacturer the said price, together with the freight, if any, actually paid by the manufacturer.",
"name": "Manufacture and delivery of standard cloth",
"related_acts": "",
"section_id": 6
},
{
"act_id": 111,
"details": "7. Subject to the control of the Government, a Controller may, from time to time by order in writing, delegate all or any of his powers subject to such conditions and restrictions as may be prescribed therein.",
"name": "Delegation of powers",
"related_acts": "",
"section_id": 7
},
{
"act_id": 111,
"details": "8. \tIf any person acts in contravention of, or without reasonable cause, fails to comply with, the provisions of any order made under section 4, or counterfeits upon any cloth a distinctive indication prescribed by the Controller, such person shall be punishable with imprisonment which may extend to six months, or with fine or with both.",
"name": "Penalty for disobedience of orders under section 4",
"related_acts": "",
"section_id": 8
},
{
"act_id": 111,
"details": "9.(1) The Government shall, if standard cloth is sold in 2Bangladesh, by order in writing which shall be notified in the official Gazette, fix the price at which alone standard cloth or any class of standard cloth shall be sold to the public. (2) Orders may be made fixing different prices for different localities or for different methods of sale. (3) \tEvery such order shall be published in such manner as the Government may consider to be best adapted for bringing the prices so fixed to the notice of the poorer classes.",
"name": "Power to fix prices of standard cloth",
"related_acts": "",
"section_id": 9
},
{
"act_id": 111,
"details": "10.(1) No person shall sell or keep, offer or expose for sale to the public, standard cloth otherwise than at such price as may be fixed by the Government and in accordance with the terms and conditions of a licence issued in this behalf. (2) \tIf any person contravenes the provisions of sub-section (1), he shall be punishable with imprisonment which may extend to six months, or with fine or with both.",
"name": "Limitation of sale of standard cloth",
"related_acts": "",
"section_id": 10
},
{
"act_id": 111,
"details": "11.\tA licence for the sale of standard cloth shall be granted by such authority, in such form and subject to such conditions as the Government may prescribe by rules made under this Act.",
"name": "Grant of licences for sale of standard cloth",
"related_acts": "",
"section_id": 11
},
{
"act_id": 111,
"details": "12.(1) The Government may make rules- (a) prescribing the powers and duties of the Controller, (b) \tprescribing the manner in which the Controller's orders shall be published or served, as the case may be, and (c) \tgenerally giving effect to the provisions of this Act. (2) \tThe Government shall, if standard cloth is sold in 3Bangladesh make rules prescribing the authority by which, the form in which and the conditions under which, any licence or class of licences for the sale of standard cloth shall be granted. (3) \tRules made under this Act shall be published in the official Gazette, and on such publication shall have effect as if enacted in this Act.",
"name": "Rule-making power",
"related_acts": "",
"section_id": 12
},
{
"act_id": 111,
"details": "13. No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act.",
"name": "Protection for acts done under the Act",
"related_acts": "",
"section_id": 13
},
{
"act_id": 111,
"details": "14.\tAll powers given by this Act shall be in addition to and not in derogation of any other powers conferred by or under any enactment, and all such powers may be exercised in the same manner and by the same authority as if this Act had not been made.",
"name": "Powers of Act to be cumulative",
"related_acts": "",
"section_id": 14
}
],
"text": "1♣An Act to take powers to provide for the cheap supply of cotton cloth to the poorer classes of the community. WHEREAS it is expedient to take powers for the purpose of encouraging or maintaining the supply, at reasonable rates, to the poorer classes of the community, of cotton cloth manufactured in this country; It is here by enacted as follows:-"
} |
{
"id": 112,
"lower_text": [
"1 The word \"Bangladesh\" was substituted, for the word \"Pakistan\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The words \"service of the Republic\" were substituted, for the words \"service of the State\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The semi-colon, quotations, words and commas \"; and the \"appropriate Government\" means, in relation to cantonment authorities and port authorities in major ports, the Central Government, and in relation to other authorities, the Provincial Government\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"4 The words \"service of the Republic\" were substituted, for the words \"service of the State\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"5 The word \"Government\" was substituted, for the words \"Central Government or any Provincial Government\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"6 The comma and words \", save with the sanction of the appropriate Government\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"7 The word \"Republic\" was substituted, for the word \"State\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"8 The word \"Government\" was substituted, for the words \"appropriate Government\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Local Authorities Pensions and Gratuities Act, 1919",
"num_of_sections": 5,
"published_date": "26th February, 1919",
"related_act": [
112,
430
],
"repelled": false,
"sections": [
{
"act_id": 112,
"details": "1.(1) This Act may be called the Local Authorities Pensions and Gratuities Act, 1919. (2) \tIt extends to the whole of 1Bangladesh.",
"name": "Short title and extent",
"related_acts": "112",
"section_id": 1
},
{
"act_id": 112,
"details": "2.\tIn this Act \"officer\" means any person who has undertaken 2service of the Republic and who immediately prior to undertaking such service, was paid and employed solely by a local authority and, but for undertaking such service, would in the ordinary course have continued in such employment 3* * *.",
"name": "Definition",
"related_acts": "",
"section_id": 2
},
{
"act_id": 112,
"details": "3. \tNotwithstanding anything contained in any enactment or in any rule made thereunder regulating the powers of local authorities, and without prejudice to any powers conferred by or under any such enactment, a local authority may grant a pension or gratuity to any officer thereof who may, since the 4th day of August, 1914, have been wounded or otherwise incapacitated in 4service of the Republic and to the widow or child of any such officer who may have died in consequence of injuries received or illness contracted since the 4th day of August, 1914, in the course of such service.",
"name": "Power to grant extraordinary pensions and gratuities",
"related_acts": "",
"section_id": 3
},
{
"act_id": 112,
"details": "4.(1) Such pension or gratuity may be granted in addition to any pension or gratuity payable to the officer or his wife or child as the case may be, under any general or special orders of the 5Government, but shall not 6* * *, exceed the amount of the pension or gratuity to which the officer or his wife or child would have been entitled under any such orders if his employment by the local authority had been service for the same time and on the same pay of the 7Republic. (2) Any pension granted under this Act may be made to take effect from such date subsequent to the 4th day of August, 1914, and subject to such conditions as the local authority may think fit.",
"name": "Provision as to pensions and gratuities",
"related_acts": "",
"section_id": 4
},
{
"act_id": 112,
"details": "5.\tSubject to the provisions of this Act, the decision of a local authority to grant a pension or gratuity thereunder shall be made in such manner and shall be subject to such sanction as may be prescribed by any enactment or rule regulating the grant by such local authority of pensions and gratuities: Provided that in every case the sanction of the 8Government shall be necessary.",
"name": "Procedure",
"related_acts": "",
"section_id": 5
}
],
"text": "An Act to extend the powers of local authorities in regard to the granting of pensions and gratuities. WHEREAS it is expedient to extend the powers of local authorities in regard to the granting of pensions and gratuities; It is hereby enacted as follows:-"
} |
{
"id": 113,
"lower_text": [
"1 The word \"Bengal\" was omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President's Order No. 48 of 1972)",
"2 The word \"Government\" was replaced, for the words \"Provincial Government\" by Article 8 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President's Order No. 48 of 1972)",
"3 The word \"Bangladesh\" was replaced, for the words \"East Pakistan\" by Article 5 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President's Order No. 48 of 1972)",
"4 The word \"Government\" was replaced, for the words \"Provincial Government\" by Article 8 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President's Order No. 48 of 1972)",
"5 The word \"Government\" was replaced, for the words \"Provincial Government\" by Article 8 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President's Order No. 48 of 1972)"
],
"name": "The Juvenile Smoking Act, 1919",
"num_of_sections": 6,
"published_date": "15th January, 1919",
"related_act": [
113,
388
],
"repelled": false,
"sections": [
{
"act_id": 113,
"details": "1.(1) This Act may be called the 1* * * Juvenile Smoking Act, 1919. (2) \tIt extends in the first instance to Dhaka: Provided that the 2Government may, from time to time, by notification in the Official Gazette, extend this Act to any other town or place in 3Bangladesh. (3) \tIt shall come into force on such date as the 4Government may, by notification in the Official Gazette, direct.",
"name": "Short title, local extent and commencement",
"related_acts": "113",
"section_id": 1
},
{
"act_id": 113,
"details": "2.\tIn this Act, unless there is anything repugnant in the subject or context,- (a) \t\"cigarettes\" include cut tobacco rolled up in paper, tobacco leaf, or other material in such form as to be capable of immediate use for smoking; (b) \t\"police-officer\" means a member of an established police force above the rank of a head constable; and (c) \t\"tobacco\" means tobacco in any form, and includes any smoking mixture intended as a substitute for tobacco.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 113,
"details": "3.(1) No person shall sell or give to a person apparently under the age of sixteen years any tobacco, pipes or cigarette papers, whether for his own use or not: Provided that a person shall not be guilty of an offence under this sub-section for selling tobacco, other than cigarettes, to a person apparently under the age of sixteen years if he did not know, and had no reason to believe that it was for the use of that person. (2) \tIf any person contravenes the provisions of sub-section (1), he shall be liable on summary conviction before a Magistrate to a fine not exceeding ten Taka and in the case of a second offence to a fine not exceeding twenty rupees, and in the case of a subsequent offence to a fine not exceeding fifty rupees.",
"name": "Prohibition against sale of tobacco, etc., to young persons",
"related_acts": "",
"section_id": 3
},
{
"act_id": 113,
"details": "4. \tIt shall be lawful for a police-officer in uniform, or any other person or class of persons duly authorized by the 5Government in this behalf, to seize any tobacco, pipes or cigarette papers in the possession of any person apparently under the age of sixteen years whom he finds smoking in any street or public place, and to destroy any such article.",
"name": "Power of police-officers and others to seize and destroy tobacco, etc., in the possession of a young person in certain places",
"related_acts": "",
"section_id": 4
},
{
"act_id": 113,
"details": "5.\tNo Magistrate shall take cognizance of an offence under this Act, except upon a complaint made by, or at the instance of, the parent or guardian of the young person concerned or a police-officer or other person empowered to make a seizure under section 4.",
"name": "Institution of proceedings",
"related_acts": "",
"section_id": 5
},
{
"act_id": 113,
"details": "6.\tThe provisions of this Act shall not apply when the person to whom the tobacco, pipes or cigarette papers are sold, or in whose possession they are found, was at the time employed by a manufacturer of, or dealer in, such articles either wholesale or retail, for the purposes of his business.",
"name": "6.Act not to apply in certain cases",
"related_acts": "",
"section_id": 6
}
],
"text": "An Act for the Prevention of Smoking by Juveniles. Preamble WHEREAS it is expedient to make provision for the prevention of smoking by young persons; It is hereby enacted as follows:-"
} |
{
"id": 114,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the words \"Bangladesh\", \"Government\" and \"Taka\" were substituted, for the words \"Pakistan\", \"Provincial Government\" or \"Central Government\" or \"Central Government or by the Provincial Government\" and \"rupees\" respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The word \"Bangladesh\" was substituted, for the words \"the territories under its administration\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The words and commas \"the Sub-divisional Magistrate and, in the Dacca Metropolitan Area, the Police Commissioner\" were substituted, for the words \"and the Sub-divisional Magistrate\" by the Schedule of the Dhaka Metropolitan Police (Amendment) Ordinance, 1976 (Ordinance No. LXIX of 1976)",
"4 The words \"a Metropolitan Area\" were substituted, for the words \"the Dacca Metropolitan Area\" by the Schedule III of the Chittagong Metropolitan Police Ordinance, 1978 (Ordinance No. XLVIII of 1978)",
"5 The words and figure \"except section 3\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"6 The words \"Central Government or by the Provincial\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"7 The words and figure \"except section 3\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"8 The words \"The Government\" were substituted, for the words \"The authority on which any power to make rules under this Act is conferred\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Poisons Act, 1919",
"num_of_sections": 10,
"published_date": "3rd September, 1919",
"related_act": [
114,
75,
578,
430
],
"repelled": false,
"sections": [
{
"act_id": 114,
"details": "1.(1) This Act may be called, the Poisons Act, 1919. (2) \tIt extends to the whole of Bangladesh.",
"name": "Short title and extent",
"related_acts": "114",
"section_id": 1
},
{
"act_id": 114,
"details": "2.(1) The Government may by rule regulate within the whole or any part of 2Bangladesh the possession for sale and the sale, whether wholesale or retail, of any specified poison. (2) \tIn particular, and without prejudice to the generality of the foregoing power, such rules may provide for- (a) \tthe grant of licences to possess any specified poison for sale, wholesale or retail, and the fixing of the fee (if any) to be charged for such licences; (b) \tthe classes of persons to whom alone such licences may be granted; (c) \tthe classes of persons to whom alone any such poison may be sold; (d) \tthe maximum quantity of any such poison which may be sold to any one person; (e) \tthe maintenance by vendors of any such poison of registers of sales, the particulars to be entered in such registers, and the inspection of the same; (f) \tthe safe custody of such poisons and the labelling of the vessels, packages or coverings in which any such poison is sold or possessed for sale; and (g) \tthe inspection and examination of any such poison when possessed for sale by any such vendor.",
"name": "Power of the Government to regulate possession for sale and sale of any poison",
"related_acts": "",
"section_id": 2
},
{
"act_id": 114,
"details": "3. The Government may, by notification in the official Gazette, prohibit, except under and in accordance with the conditions of a licence, the importation into Bangladesh across any customs frontier defined by the Government of any specified poison, and may by rule regulate the grant of licences.",
"name": "Power to prohibit importation into Bangladesh of any poison except under license",
"related_acts": "",
"section_id": 3
},
{
"act_id": 114,
"details": "4.(1)\tThe Government may by rule regulate the possession of any specified poison in any local area in which the use of such poison for the purpose of committing murder or mischief by poisoning cattle appears to it to be of such frequent occurrence as to render restrictions on the possession thereof desirable. (2) In making any rule under sub-section (1), the Government may direct that any breach thereof shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to one thousand Taka, or with both, together with confiscation of the poison in respect of which the breach has been committed, and of the vessels, packages or coverings in which the same is found.",
"name": "Power to regulate possession of any poison in certain areas",
"related_acts": "",
"section_id": 4
},
{
"act_id": 114,
"details": "5.\tAny substance specified as a poison in a rule made or notification issued under this Act shall be deemed to be a poison for the purpose of this Act.",
"name": "Presumption as to specified poisons",
"related_acts": "",
"section_id": 5
},
{
"act_id": 114,
"details": "6.(1) Whoever- (a)\tcommits a breach of any rule made under section 2, or (b) \timports without a licence into Bangladesh across a customs frontier defined by the Government any poison the importation of which is for the time being restricted under section 3, or (c) \tbreaks any condition of a licence for the importation of any poison granted to him under section 3, shall be punishable,- (i) \ton a first conviction, with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred Taka, or with both, and (ii) on a second or subsequent conviction, with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand Taka, or with both. (2) \tAny poison in respect of which an offence has been committed under this section, together with the vessels, packages or coverings in which the same is found, shall be liable to confiscation.",
"name": "Penalty for unlawful importation, etc.",
"related_acts": "",
"section_id": 6
},
{
"act_id": 114,
"details": "7.(1) The District Magistrate, 3the Sub-divisional Magistrate and, in 4a Metropolitan Area, the Police Commissioner, may issue a warrant for the search of any place in which he has reason to believe or to suspect that any poison is possessed or sold in contravention of this Act or any rule thereunder, or that any poison liable to confiscation under this Act is kept or concealed. (2) \tThe person to whom the warrant is directed may enter and search the place in accordance therewith, and the provisions of the Code of Criminal Procedure, 1898, relating to search warrants shall, as far as may be, be deemed to apply to the execution of the warrant.",
"name": "Power to issue search warrants",
"related_acts": "75",
"section_id": 7
},
{
"act_id": 114,
"details": "8.(1) In addition to any other power to make rules hereinbefore conferred the Government may make rules generally to carry out the purposes and objects of this Act 5***. (2) \tEvery power to make rules conferred by this Act shall be subject to the condition of the rules being made after previous publication. (3) \tAll rules made by the 6* * * Government under this Act shall be published in the official Gazette and on such publication shall have effect as if enacted in this Act.",
"name": "Rules",
"related_acts": "",
"section_id": 8
},
{
"act_id": 114,
"details": "9.(1) Nothing in this Act or in any licence granted or rule made thereunder shall extend to, or interfere with, anything done in good faith in the exercise of his profession as such by a medical or veterinary practitioner. (2) \tNotwithstanding anything hereinbefore contained, the Government may by general or special order declare that all or any of the provisions of this Act 7* * * shall be deemed not to apply to any article or class of articles of commerce specified in such order, or to any poison or class of poisons used for any purpose so specified. (3) 8The Government may, by general or special order, either wholly or partially- (a) \texempt from the operation of any such rules, or (b) \texclude from the scope of the exemption provided by sub-section (1), any person or class of persons either generally or in respect of any poisons specified in the order.",
"name": "Savings",
"related_acts": "",
"section_id": 9
},
{
"act_id": 114,
"details": "10.\tRepealed by the Repealing Act, 1927 (Act No. XII of 1927).",
"name": "Repealed",
"related_acts": "",
"section_id": 10
}
],
"text": "1♣An Act to consolidate and amend the law regulating the importation, possession and sale of poisons. WHEREAS it is expedient to consolidate and amend the law regulating the importation, possession and sale of poisons; It is hereby enacted as follows:-"
} |
{
"id": 115,
"lower_text": [
"1 The word \"Bengal\" was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 Clauses (2) and (3) were omitted by East Pakistan Repealing and Amending Ordinance, 1962 (Ordinance No. XIII of 1962)",
"3 Sections 6A and 6B were inserted by the Bengal Cruelty to Animals (Amendment) Act, 1938 (Act No. I of 1938)",
"4 The words \"a Paurashava\" were substituted, for the words and comma \"a Municipal Committee or Town Committee, as the case may be\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"5 Section 12A was inserted by the Bengal Cruelty to Animals (Amendment) Act, 1926 (Act No. VII of 1926)",
"6 Clause (bb) was inserted by section 6 of the Bengal Cruelty to Animals (Amendment) Act, 1926 (Act No. VII of 1926)",
"7 Clause (hh) was inserted by section 6 of the Bengal Cruelty to Animals (Amendment) Act, 1926 (Act No. VII of 1926)",
"8 The words \"Penal Code\" were substituted, for the words \"Pakistan Penal Code\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"9 The words \"Penal Code\" were substituted, for the words \"Pakistan Penal Code\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"10 The words \"Paurashava or the Zilla Board\" were substituted, for the words \"Municipal Committee or the District Council\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Cruelty to Animals Act, 1920",
"num_of_sections": 39,
"published_date": "25th February, 1920",
"related_act": [
75,
115,
430
],
"repelled": true,
"sections": [
{
"act_id": 115,
"details": "1.(1) This Act may be called the 1* * * Cruelty to Animals Act, 1920. (2) It shall come into force on such date as the Government may, by notification, direct. (3) \tExcept as otherwise hereinafter provided, this Act may be extended by the Government by notification, to any town or place in Bangladesh.",
"name": "Short title, commencement and extent",
"related_acts": "115",
"section_id": 1
},
{
"act_id": 115,
"details": "2.\tOmitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Repealed",
"related_acts": "430",
"section_id": 2
},
{
"act_id": 115,
"details": "3.\tIn this Act, unless there is anything repugnant in the subject or context,- (1) \t\"animal\" means any domestic or captured animal; 2* * * (4) \t\"notification\" means a notification published in the Official Gazette.",
"name": "Definitions",
"related_acts": "",
"section_id": 3
},
{
"act_id": 115,
"details": "4. \tIf any person- (a) \toverdrives, cruelty or unnecessarily beats, or otherwise ill-treats any animal, or (b) \tbinds, keeps or carries any animal in such a manner or position as to subject the animal to unnecessary pain or suffering, or (c) \toffers, exposes or has in his possession for sale any live animal which is suffering pain by reason of mutilation, starvation, thirst, overcrowding or other ill-treatment, or any dead animal which he has reason to believe to have been killed in an unnecessarily cruel manner, he shall be punished for every such offence with fine which may extend to one hundred Taka , or with imprisonment for a term which may extend to three months, or with both.",
"name": "Penalty for cruelty to animals and for sale of animals killed with unnecessary cruelty",
"related_acts": "",
"section_id": 4
},
{
"act_id": 115,
"details": "5. If any person overloads any animal he shall be punished with fine which may extend to one hundred Taka, or with imprisonment for a term which may extend to three months, or with both, and (1) \tif the owner of that animal, and (2) \tif any person who, as a trader, carrier or contractor, or who, in virtue of his employment by a trader, carrier or contractor, is in possession of that animal or in control over the loading of it, permits such overloading, he shall be punished with fine which may extend to one hundred Taka. Explanation.− For the purposes of this section an owner or other person referred to in clauses (1) and (2) above shall be deemed to have permitted overloading if he shall have failed to exercise reasonable care and supervision in respect of the protection of the animal therefrom.",
"name": "Penalty for overloading animals",
"related_acts": "",
"section_id": 5
},
{
"act_id": 115,
"details": "6.\tIf any person performs upon any cow or other milch animal the operation called phuka he shall be deemed to have committed a cognizable offence and, shall be punished with fine which may extend to five hundred Taka, or with imprisonment for a term which may extend to two years, or with both, and the owner of the cow or other milch animal and any person in possession of or control over it shall be liable to the same punishment and the cow or the milch animal on which the operation of phuka was performed shall be forfeited to Government: Provided that in the case of a second or subsequent conviction of a person under this section, such person shall be punished both with fine which may extend to five hundred Taka and with imprisonment which may extend to two years.",
"name": "Penalty for practising phuka",
"related_acts": "",
"section_id": 6
},
{
"act_id": 115,
"details": "36A. A portion of the fine if realized from the person convicted under section 6 may be given to the person whose information led to the detection of the crime against section 6.",
"name": "Disposal of portion of fine",
"related_acts": "",
"section_id": 7
},
{
"act_id": 115,
"details": "6B. It shall be lawful for 4a Paurashava in towns or places where this Act applies to refuse to grant or renew licenses for cattle-sheds in buildings with boundary walls or when granting or renewing such licences to insist upon the licensees to keep the cattle-sheds open on all sides to facilitate the detection of any offence against section 6.",
"name": "Condition for granting licences for cattle-sheds",
"related_acts": "",
"section_id": 8
},
{
"act_id": 115,
"details": "7. \tIf any person kills any animal in an unnecessarily cruel manner he shall be punished with fine which may extend to two hundred Taka, or with imprisonment for a term which may extend to six months, or with both: Provided that nothing in this section shall render it an offence to kill any animal in a manner required by the religion or religious rites and usages of any race, sect, tribe or class, or for any bona fide scientific purpose or for the preparation of any medicinal drug.",
"name": "Penalty for killing animals with unnecessary cruelty",
"related_acts": "",
"section_id": 9
},
{
"act_id": 115,
"details": "8.\tIf any person has in his possession the skin of a goat, and has reason to believe that the goat has been killed in an unnecessarily cruel manner so as to constitute an offence under section 7, he shall be punished with fine which may extend to one hundred Taka, or with imprisonment which may extend to three months, or with both, and the skin shall be confiscated.",
"name": "Penalty for being in possession of the skin of a goat killed with unnecessary cruelty",
"related_acts": "",
"section_id": 10
},
{
"act_id": 115,
"details": "9.(1) If any person is charged with the offence of killing a goat contrary to the provisions of section 7, and it is proved that such person had in his possession, after the offence was alleged to have been committed, the skin of a goat with any part of the skin of the head attached thereto, it shall be presumed, until the contrary be proved, that such goat was killed in an unnecessarily cruel manner. (2) \tIf any person is charged with an offence against section 8, and it is proved that such person had in his possession, at the time of the alleged offence, the skin of a goat with any part of the skin of the head attached thereto, it shall be presumed, until the contrary be proved, that such goat was killed in an unnecessarily cruel manner, and that the person in possession of such skin had reason so to believe.",
"name": "Presumptions as to possession of the skin of a goat",
"related_acts": "",
"section_id": 11
},
{
"act_id": 115,
"details": "10. If any person employs in any work or labour any animal which by reason of any disease, infirmity, wound, sore or other cause is unfit to be so employed, he shall be punished with fine which may extend to one hundred Taka, and (1) \tif the owner of that animal, and (2) \tif any person who, as a trader, carrier or contractor, or who, in virtue of his employment by a trader, carrier or contractor, is in possession of that animal or in control over the employment of it, permits such employment, he shall be liable to the same punishment. Explanation.- For the purposes of this section an owner or other person referred to in clauses (1) and (2) above shall be deemed to have permitted such employment if he shall have failed to exercise reasonable care and supervision in respect of the protection of the animal therefrom.",
"name": "Penalty for employing animals unfit for labour",
"related_acts": "",
"section_id": 12
},
{
"act_id": 115,
"details": "11. \tIf any person- (a) incites any animal to fight, or (b) baits any animal, or (c) aids or abets any one in such incitement or baiting, he shall be punished with fine which may extend to fifty Taka.",
"name": "Penalty for baiting animals, or inciting them to fight",
"related_acts": "",
"section_id": 13
},
{
"act_id": 115,
"details": "12. \tIf any person wilfully allows any animal of which he is the owner or of which he is in charge to go at large in any public place while the animal is affected with contagious or infectious disease, or without reasonable excuse, allows any diseased or disabled animal of which he is the owner or of which he is in charge to go at large or die in any public place, he shall be punished with fine which may extend to one hundred Taka.",
"name": "Penalty for allowing diseased animals to go at large or to die in public places",
"related_acts": "",
"section_id": 14
},
{
"act_id": 115,
"details": "512A If any person employs a buffalo for draught purposes between such hours during such period as may be prescribed he shall be punished for every such offence with fine which may extend to fifty Taka.",
"name": "Penalty for working buffaloes during prohibited period",
"related_acts": "",
"section_id": 15
},
{
"act_id": 115,
"details": "13.(1) The Government may appoint the places which weighbridges shall be established for the detection of cases of overloading of animals, and may also declare, by notification, the limits of the areas for which such weighbridges are established. (2) \tThe Government may erect weighbridges at the places so appointed, and may acquire, by purchase or otherwise, existing weighbridges erected by any person and maintain them for the purposes of sub-section (1).",
"name": "Weighbridges",
"related_acts": "",
"section_id": 16
},
{
"act_id": 115,
"details": "14.\tThe Government may, by general or special order, appoint places to be infirmaries for the treatment and care of animals in respect of which offences against this Act are believed to have been committed.",
"name": "Infirmaries",
"related_acts": "",
"section_id": 17
},
{
"act_id": 115,
"details": "15.\tThe Government may appoint such persons as they think fit,- (a) \tto be Veterinary Inspectors for carrying into effect the provisions of this Act, and may declare the areas within which such officers shall exercise their powers under this Act and the areas of which they shall be in charge; (b) \tto be weighbridge-officers, to have charge of any weighbridge or weighbridges established under section 13.",
"name": "Power of Government to appoint Veterinary Inspectors and weighbridge-officers",
"related_acts": "",
"section_id": 18
},
{
"act_id": 115,
"details": "16.\tWithin the limits of any area for which a weighbridge has been established under section 13, any Police-officer, or any other person duly authorized by the Government in this behalf, who has reason to believe that an offence against section 5 is being committed in respect of any animal, shall seize and take it, together with its load and the person in charge of the animal, to such weighbridge, and shall cause the load to be weighed on the weighbridge in the presence of such person.",
"name": "Animal, etc., to be taken to weighbridge in case of overloading",
"related_acts": "",
"section_id": 19
},
{
"act_id": 115,
"details": "17.(1) If the weighbridge-officer is not satisfied that an offence against section 5 has been committed, he shall inform the police-officer or person who seized the animal accordingly, and that officer or person shall forthwith release the animal and load. (2) \tIf the weighbridge-officer is satisfied that an offence against section 5 has been committed, he shall cause the excess load to be removed.",
"name": "Excess load to be removed in case of overloading",
"related_acts": "",
"section_id": 20
},
{
"act_id": 115,
"details": "18. Any Police-officer, or any other person duly authorized by the Government in this behalf, who has reason to believe that an offence against section 10 is being committed in respect of any animal shall seize and take it, together with its load, if any, and the person in charge of the animal, to the weighbridge, if any, appointed for the area, within which such seizure is made, or in the case of there being no weighbridge appointed for the area, to the nearest police station, and shall remove the load forthwith and report the fact of such seizure to the Veterinary Inspector in charge of that area.",
"name": "Unfit animal to be taken to Veterinary Inspector",
"related_acts": "",
"section_id": 21
},
{
"act_id": 115,
"details": "19.(1) Any excess load removed from an animal under section 17, sub-section (2) and any load which was being carried by an animal seized under section 18, and taken to the weighbridge, shall be kept by the weighbridge-officer, at the risk of the owner of such load, at the weighbridge, or at any other place appointed by the Government for the purpose, and, the weighbridge-officer shall by written notice direct the owner of the load to remove it form the weighbridge within a period to be specified in such notice. (1a) At any time before the expiration of the period referred to in sub-section (1) the owner of the load may remove it free of charge from the weighbridge. (1b) the weighbridge-officer may, at the request of the owner of the load referred to in sub-section (1), forward the load to its destination on payment by the owner of all costs incurred or liable to be incurred in its removal, detention and forwarding. (1c) If the load is not removed from the weighbridge within the period referred to in sub-section (1) it shall be made over by the weighbridge-officer to the police or any person duly authorized by the Government in this behalf. (2) Any load which was being carried by an animal seized under section 18 and taken to a police-station, shall be kept by the officer in charge of the police-station, at the police-station, or at any other place appointed by the Government for this purpose. The said load shall be kept during the first forty-eight hours of such detention at the risk of the owner thereof, and he may remove the same during that period free of charge. (3) (a) \tThe officer in charge of the police-station or the person authorized under sub-section (1), in the case of any load made over to him by the weighbridge officer, and (b) \tthe officer in charge of the police-station, in the case of any load kept by him under sub-section (2) which has not been removed by the owner within forty-eight hours, shall enter, in a register to be kept for the purpose, such particulars of the load as may be prescribed by rules made under section 29 and the load shall thereafter be returned to the person who proves to the satisfaction of the person authorized by the Government in this behalf that the same belongs to him, on payment of all costs incurred in the removal and detention of such load: Provided that if the load, or any part thereof, consisted of articles which are subject to speedy and natural decay, or consists of livestock, that load, or part thereof, may forthwith be sold or otherwise disposed of under the orders of the person authorized by the Government in this behalf in accordance with rules made under section 29; and the sale-proceeds, after deducting therefrom all expenses incurred in the removal, detention and sale of the entire load, shall be made over to the owner, on proof of his ownership, within six months from the date of entry in the Register. (4) All costs for the removal, detention and forwarding of all loads under this section shall be payable by the owner of the goods according to such scale of rates as the Government may prescribe by rules made under section 29.",
"name": "Excess load to be treated as unclaimed property in certain circumstances",
"related_acts": "",
"section_id": 22
},
{
"act_id": 115,
"details": "20. If within six months from the date of entry in the register no person satisfies the person authorized under sub-section (3) of section 19 that he is the owner of the load, the person authorized, may cause it to be sold or otherwise disposed of in accordance with rules made under section 29, and the proceeds of the sale under this section, or of the sale under the proviso to sub-section (3) of section 19, after deducting therefrom all expenses, shall be applied in such manner as the Government may prescribe by rules made under section 29.",
"name": "Disposal of sale-proceeds",
"related_acts": "",
"section_id": 23
},
{
"act_id": 115,
"details": "21.(1) Any police-officer, or any other person duly authorized by the Government in this behalf, who has reason to believe that an offence against this Act has been or is being committed in respect of any animal, may, if the circumstances so require, seize the animal and produce the same for examination by the Veterinary Inspector in charge of the area in which the animal is seized. (2) \tThe police-officer or person who seizes any animal under sub-section (1) may require the person in charge of the animal to accompany it to the place of examination.",
"name": "Production of animal for examination by Veterinary Inspector",
"related_acts": "",
"section_id": 24
},
{
"act_id": 115,
"details": "22.(1) For the purposes of the examination of an animal sent to a Veterinary Inspector in accordance with the provisions of section 21, he may submit the animal to any test which the Government may prescribe by rules made under section 29. (2) \tIf on such examination, the Veterinary Inspector is of opinion that the animal is unfit to be employed on the work or labour on which it was employed at the time of its seizure, he shall either send the animal for treatment and care to an infirmary appointed under section 14, and inform the owner of the animal of his having done so, or (if he considers that a prosecution is necessary, or if the owner of the animal so elects) direct the prosecution of the offender and produce the animal before the Magistrate.",
"name": "Examination of animals by Veterinary Inspector",
"related_acts": "",
"section_id": 25
},
{
"act_id": 115,
"details": "23. The Magistrate before whom a prosecution for any offence under this Act has been instituted may, if he thinks fit, direct that the animal, in respect of which the offence is alleged or proved to have been committed, shall be sent for treatment and care to an infirmary appointed under section 14.",
"name": "Power of Magistrate to send animal to infirmary",
"related_acts": "",
"section_id": 26
},
{
"act_id": 115,
"details": "Power of Magistrate to send animal to infirmary 24.(1) When any animal has been sent to an infirmary in accordance with the provisions of section 22, sub-section (2), or of section 23, it shall be detained there until, in the opinion of the officer in charge of the infirmary, it is cured, or again fit for the work or labour on which it is the intention of the owner to employ it.\tDetention and cost of treatment of animals at infirmaries (2) \tThe cost of the treatment, feeding and watering of the animal in the infirmary shall be payable by the owner of the animal, according to such scale of rates as the Government may prescribe. (3) \tIf the owner refuses or neglects to pay such cost, or to remove the animal within such time as the officer in charge of the infirmary may prescribe, that officer may direct that the animal be sold and the proceeds of the sale be applied to the payment of such cost. (4) \tThe surplus, if any, of the proceeds of the sale shall, on application to be made by the owner within two months after the date of the sale, be paid to him; but the owner shall not be liable to make any payment in excess of the proceeds of the sale. (5) \tIf no application is made by the owner for the surplus sale-proceeds within the period prescribed under sub-section (4), these proceeds shall be applied in such manner as the Government may prescribe by rules made under section 29. (6) \tif an animal cannot be sold under sub-section (3) the officer in charge of the infirmary may dispose of it in such manner as the Government may prescribe by rules made under section 29.",
"name": "Detention and cost of treatment of animals at infirmaries",
"related_acts": "",
"section_id": 27
},
{
"act_id": 115,
"details": "25.(1) When any Magistrate has reason to believe that an offence against this Act has been committed in respect of any animal, the Magistrate, may direct the immediate destruction of the animal, if, in his opinion, its physical condition is such as to render such a direction proper. (2) \tWhen any animal is sent to an infirmary in accordance with the provisions of section 22, sub-section (2), or of section 23, the officer in charge of the infirmary may direct the immediate destruction of the animal, if, in his opinion, its physical condition is such as to render such direction proper, or if he considers it to be permanently unfit for work by reason of old age or some incurable disease: Provided that no order directing destruction shall be made in respect of any bull, bullock or cow which is unfit for work by reason only of old age. (3) \tAny police-officer who finds any animal so diseased, or so severely injured, or in such a physical condition, that it cannot without cruelty be removed, shall, if the owner is absent or refuses to consent to the destruction of the animal, at once summon the Veterinary Inspector in charge of the area in which the animal is found and, if the Veterinary Inspector certifies that the animal is mortally injured, or so severely injured, or so diseased, or in such a physical condition, that it is cruel to keep it alive, the police-officer may, without the consent of the owner, kill the animal or cause it to be killed.",
"name": "Destruction of suffering or unfit animals",
"related_acts": "",
"section_id": 28
},
{
"act_id": 115,
"details": "26.(1) Any police-officer may arrest without a warrant any person committing in his view any offence against this Act, or any person against whom he has received credible information of having committed an offence against this Act, if the name and address of the accused person is unknown to the officer, and if such person, on demand, declines to give his name and address or gives a name and address which such officer has reason to believe to be false. (2) \tWhen the true name and address of a person arrested under sub-section (1) have been ascertained, he shall be released on his executing a bond, with or without sureties, to appear before a Magistrate if so required: Provided that if such person is not resident in Bangladesh, the bond shall be secured by a surety or sureties resident in Bangladesh. (3) \tIf the true name and address of such person is not ascertained within twenty-four hours from the time of arrest, or if he fails to execute the bond, or if so required, to furnish sufficient sureties, he shall forthwith be forwarded to the nearest Magistrate having jurisdiction.",
"name": "Arrest of offenders",
"related_acts": "",
"section_id": 29
},
{
"act_id": 115,
"details": "27.\tIf a police-officer, not below the rank of Sub-Inspectors, has reason to believe that an offence against section 7 in respect of a goat is being or is about to be, or has been, committed in any place, or that any person has in his possession the skin of a goat with any part of the skin of the head attached thereto, he may enter and search such place or any place in which he has reason to believe any such skin to be, and may seize any such skin and any article or thing used or intended to be used in the commission of such offence.",
"name": "Special power of search and seizure in respect of certain offences",
"related_acts": "",
"section_id": 30
},
{
"act_id": 115,
"details": "28.(1) If a Magistrate of the first class upon information in writing and after such inquiry as he thinks necessary, has reason to believe that an offence against section 6, section 7 or section 10 is being or is about to be, or has been, committed in any place, he may, at any time by day or by night, without notice, either himself enter and search, or, by his warrant, authorize any police-officer above the rank of a constable to enter and search, the place. (2) \tThe provisions of the Code of Criminal Procedure, 1898, relating to searches under that Code shall, so far as those provisions can be made applicable, apply to a search made under sub-section (1) or under section 27.",
"name": "Search warrants",
"related_acts": "75",
"section_id": 31
},
{
"act_id": 115,
"details": "29.(1) The Government may, from time to time, make rules to carry out the purposes of this Act. (2) \tIn particular, and without prejudice to the generality of the foregoing power, the Government may make rules- (a) \tprescribing the maximum weight of the loads to be carried on or drawn by animals; (b) \tfor preventing the overcrowding of animals; 6(bb)\tprescribing the period during which and hours between which buffaloes shall not be used for draught purposes; (c) \tfor regulating the use of tests and the manner of examination of animals; (d) \tprescribing the qualifications of persons to be appointed to be Veterinary Inspectors an weighbridge-officers; (e) \tprescribing the procedure to be followed after removal of a load under section 17, sub-section (2), or under section 18; (f) \tprescribing the particulars to be entered in the register maintained under section 19, sub-section (3); (g) \tprescribing such other forms or registers as may be required for carrying out the purposes of this Act; (h) \tfor carrying out the provisions of the proviso to sub-section (3) of section 19 and of section 20 in regard to the disposal of loads; 7(hh)\tprescribing the scale of rates of all costs and charges payable under section 19; (i)\tprescribing the manner in which fines realized under this Act and sale-proceeds realized under section 20 and section 24, sub-section (5), shall be applied; (j) \tfor carrying out the provisions of section 24, sub-section (6), in regard to the disposal of animals; and (k) \tfor regulating the destruction of animals under section 25.",
"name": "Power of Government to make rules",
"related_acts": "",
"section_id": 32
},
{
"act_id": 115,
"details": "30. The Government may delegate, under such restrictions as they consider fit, any of the powers conferred upon them by sections 13, 14, 15, 16, 18, 19, 21 and 24 , sub-section (2), of this Act to any person or local authority.",
"name": "Delegation of powers",
"related_acts": "",
"section_id": 33
},
{
"act_id": 115,
"details": "31. \tEvery appointment made by a local authority under section 15, in exercise of the power delegated to it under section 30, shall be deemed to be an appointment made under the Act by which such local authority is constituted.",
"name": "Appointments made by local authority",
"related_acts": "",
"section_id": 34
},
{
"act_id": 115,
"details": "32. \tA prosecution for an offence against this Act shall not be instituted after the expiration of three months from the date of the commission of such offence.",
"name": "Limitation of time for prosecutions",
"related_acts": "",
"section_id": 35
},
{
"act_id": 115,
"details": "33. Every person appointed under section 15, 16, 18 or 21 shall be deemed to be a public servant within the meaning of section 21 of the 8Penal Code.",
"name": "Persons appointed under sections 15, 16, 18 or 21 to be public servants",
"related_acts": "",
"section_id": 36
},
{
"act_id": 115,
"details": "34. \tNo suit, prosecution or other legal proceeding shall lie against any person who is, or who has been declared to be , a public servant within the meaning of section 21 of the 9Penal Code for anything which is, in good faith, done or intended to be done under this Act.",
"name": "Indemnity",
"related_acts": "",
"section_id": 37
},
{
"act_id": 115,
"details": "35. Notwithstanding anything contained in the Municipal Administration Ordinance, 1960, or the Basic Democracies Order, 1959, the 10Paurashava or the Zilla Board may provide from the funds at their disposal such sums as may be necessary for paying the expenses incidental to the exercise of any of the powers delegated to them under section 30.",
"name": "Power of local authority to pay certain expenses",
"related_acts": "",
"section_id": 38
},
{
"act_id": 115,
"details": "36. Whenever this Act is extended to any town or place under section 1, sub-section (3), the Government may, by notification, appoint persons, either by name or by official designation, to exercise and perform in such town or place the powers and duties as are conferred or imposed by sections 19, 20, 25 and 28 of this Act.",
"name": "Effect when Act is extended",
"related_acts": "",
"section_id": 39
}
],
"text": "♣An Act to consolidate and amend the law relating to the prevention of cruelty to animals in Bangladesh. WHEREAS it is expedient to consolidate and amend the law relating to the prevention of cruelty to animals in Bangladesh; It is hereby enacted as follows:-"
} |
{
"id": 116,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the words \"Bangladesh\" and \"Government\" were substituted, for the words \"East Pakistan\" and \"Provincial Government\" respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The word \"Bengal\" was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The words, comma and figure \"the Bengal Alluvion and Diluvion Act, 1847\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"4 The word \"The\" was substituted, for the words, commas and figures \"Notwithstanding anything contained in the Bengal Alluvion and Deluvion Regulation 1825, the Bengal Alluvion and Deluvion Act, 1847 or the Bengal Alluvion (Amendment) Act, 1868, the\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"5 Sub-section (1a) was inserted by the Bengal Alluvial Lands (Amendment) Act, 1934 (Act No. V of 1935)",
"6 The words, comma and figure \"under section 86A of the Bengal Tenancy Act, 1885\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"7 Clause (a) was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"8 The word \"Bengal\" was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"9 Section 4A was inserted by section 3 of the Bengal Alluvial Lands (Amendment) Act, 1934 (Act No. V of 1935)",
"10 The words, comma and figure \"under Chapter X of the Bengal Tenancy Act, 1885\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"11 The words \"by the Government\" were substituted, for the words \"by any Government\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"12 The words \"include the Government\" were substituted, for the words \"include that Government\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"13 Sub-section (1a) was inserted by the Bengal Alluvial Lands (Amendment) Act, 1934 (Act No. V of 1935)",
"14 Section 6A was substituted, for the former section 6A by section 2 and Schedule of the Bangladesh Laws (Amendment) Ordinance, 1976 (Ordinance No. IX of 1976)",
"15 The word \"Commissioner\" was substituted, for the word \"Government\" by section 2 and Schedule of the Bangladesh Laws (Amendment) Ordinance, 1976 (Ordinance No. IX of 1976)",
"16 Section 7B was inserted by section 5 of the Bengal Alluvial Lands (East Bengal Amendment) Act, 1952 (Act No. IV of 1952)",
"17 The words and commas \"or the Commissioner, as the case may be,\" were inserted by section 2 and Schedule of the Bangladesh Laws (Amendment) Ordinance, 1976 (Ordinance No. IX of 1976)",
"18 The word \"Government\" was substituted, for the words \"Board of Revenue\" by the Schedule of the Bangladesh Laws (Repealing and Amending) Order, 1973 (President's Order No. 12 of 1973)",
"19 Section 7A was substituted, for section 7A by section 2 and Schedule of the Bangladesh Laws (Amendment) Ordinance, 1976 (Ordinance No. IX of 1976)",
"20 The words \"Board of Land Administration\" were substituted, for the word \"Government\" by section 4 and Schedule of the Laws (Amendment) Ordinance, 1982 (Ordinance No. XLI of 1982)",
"21 The words \"Board of Land Administration\" were substituted, for the word \"Government\" by section 4 and Schedule of the Laws (Amendment) Ordinance, 1982 (Ordinance No. XLI of 1982)",
"22 Clauses (3a) and (3b) were inserted by the Bengal Alluvial Lands (Amendment) Act, 1934 (Act No. V of 1935)",
"23 Clause (5) was omitted by the Bengal Alluvial Lands (Amendment) Act, 1934 (Act No. V of 1935)",
"24 Clause (6a) was inserted by the Bengal Alluvial Lands (Amendment) Act, 1934 (Act No. V of 1935)",
"25 The words \"the Collector or the Government\" was substituted, for the words and commas \"the Collector, the Commissioner, the Board of Revenue or the Provincial Government\" by the Schedule of the Bangladesh Laws (Repealing and Amending) Order, 1973 (President's Order No. 12 of 1973)",
"26 The comma and words \" , the Commissioner\" were inserted by section 2 and Schedule of the Bangladesh Laws (Amendment) Ordinance, 1976 (Ordinance No. IX of 1976)",
"27 Section 9A was inserted by the East Bengal (Repealing and Amending) Act, 1952 (Act No. XI of 1953)",
"28 The words \"East Bengal\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Alluvial Lands Act, 1920",
"num_of_sections": 16,
"published_date": "13th October, 1920",
"related_act": [
32,
75,
430,
19,
116,
21,
86,
24
],
"repelled": false,
"sections": [
{
"act_id": 116,
"details": "1.(1) This Act may be called the 2* * * Alluvial Lands Act, 1920. (2) \tIt extends to the whole of Bangladesh, except the district of Sylhet.",
"name": "Short title and extent",
"related_acts": "116",
"section_id": 1
},
{
"act_id": 116,
"details": "2. \tIn this Act, unless there is anything repugnant in the subject or context,- (a) \t\"alluvial land\" means land which is gained from a river or the sea in any of the ways referred to in the Bengal Alluvion and Diluvion Regulation, 1825, 3*** or the Bengal Alluvion (Amendment) Act, 1868, and includes reformations in situ; and (b) \t\"Collector\" means the Collector of a district or a sub-divisional officer or any other officer not below the rank of a Deputy Collector exercising the powers of a magistrate of the first class appointed by the Government, to discharge any of the functions of a Collector under this Act.",
"name": "Definitions",
"related_acts": "19",
"section_id": 2
},
{
"act_id": 116,
"details": "3.(1) 4The Collector, if he is credibly informed that a dispute likely to cause a breach of the peace exists or is likely to arise, in regard to any alluvial land which in his opinion has recently firmed, may, after making an order in writing, stating the grounds therefor, in the interests of public order, attach such land, and may demarcate it with boundary pillars. 5(1a) Where such land is situated within the limits of more than one district, or it is doubtful within the limits of which district or districts such land is situated any collector who considers that any portion of such land is situated within the limits of his district may, after recording his reasons therefor, attach the whole of such land. If, after attachment, such land or any portion thereof is found to be situated within any other district or is transferred to another district, the attachment shall continue to be valid but the Collector who attached the land may either transfer the case, in respect of the whole or any portion of the attached land, for disposal to the Collector of any such other district or may himself continue the proceedings under the provisions of this Act. The Collector to whom a case is transferred for disposal under this sub-section shall be deemed, for the purposes of this Act, to have attached the land under this section. (2) \tWhen the Collector attaches any alluvial land under sub-section (1) or sub-section (1a), he may himself manage such land during the period of attachment, or may, if he thinks fit, appoint a receiver thereof, who, subject to the control of the Collector, shall have all such powers conferrable on a receiver appointed under the Code of Civil Procedure, 1908 as may be given to him by the Collector: Provided that neither the Collector nor the receiver shall make a settlement or re-settlement of any land for a period exceeding one year nor shall he charge any salami for such settlement or re-settlement: Provided further that, in making such settlement or re-settlement of any land, the Collector or the receiver, as the case may be, shall give preference to the claim of a person who may appear to him to have right to immediate possession of such land 6* * *. (3) \tNothing in this section shall preclude any party interested from showing, before the Collector makes an order of reference under section 5, sub-section (1), that no such dispute as aforesaid exists or that such dispute has ceased to exist and is not likely to arise either by reason of a compromise among the claimants included in the list prepared under section 4A or for any other reason and the Collector, if satisfied that no such dispute as aforesaid exists or that such dispute has ceased to exist and is not likely to arise shall cancel his order of attachment under sub-section (1), or sub-section (1a), and all further proceedings thereon shall be stayed. The Collector may, if he thinks fit, cancel his order of attachment under sub-section (1) or sub-section (1a) in respect of a portion of the attached land and continue proceedings in respect of the remainder of such land. (4) When an order of attachment of any alluvial land is cancelled under sub-section (3), the Collector shall issue a notice in the prescribed manner inviting claims to the net receipts from the land during attachment, and shall order the payment of such receipts to the persons who, in his opinion, are entitled to the same. The net receipts shall be calculated by deducting from the gross receipts the costs incurred under this section, and under section 4, sub-section (1), and section 4A, sub-section (1), and the cost of preparation of the reference to be made under section 5, sub-section (1), if any. (5) In estimating for the purposes of sub-section (4), section 5, and section 7 the costs incurred under this section, the following costs shall be included in the cost of management, namely:- 7* * * (b) \tthe cost of special staff, if any, and (c) \twhere no special staff is employed for collection, a sum not exceeding five per centum per annum on the actual collections.",
"name": "Power of Collector to attach alluvial land",
"related_acts": "86",
"section_id": 3
},
{
"act_id": 116,
"details": "4.(1) When the Collector has attached any alluvial land under section 3, he shall as soon as possible cause a survey to be made and a map to be prepared of the land, including the revenue, diara and other relevant survey lines. (2) \tThe survey made under sub-section (1) shall be deemed to be survey under the 8* * * Survey Act, 1875, and the Collector shall exercise in respect of such survey all powers which he is empowered to exercise for the purposes of inquiries and surveys under that Act. (3) \tNotwithstanding anything contained in section 83 of the Evidence Act, 1872, a map prepared under sub-section (1) shall be presumed by the Court to be accurate until the contrary is shown.",
"name": "Collector to cause survey to be made",
"related_acts": "32,24",
"section_id": 4
},
{
"act_id": 116,
"details": "94A.(1) When the Collector has attached any alluvial land under section 3, he shall as soon as possible issue a notice in the prescribed manner calling upon all persons claiming title to any part of such land to file statements specifying their claims and\tthe grounds thereof, and the name and jurisdiction number of the village and the tauzi number of the estate to which they allege that the land appertains. If any of the aforesaid claimants is not a proprietor of such estate, he shall also mention in the statement the name of the landlord under whom he holds the land, the area and the rent of his tenancy and such other particulars as may be necessary to elucidate his claim. If the land is included in a map as prepared or a record-of-rights as finally published 10* * *, the claimant shall also mention the particulars of the khatians and plot numbers necessary to identify the land in the map or record-of-rights. (2) \tOn receipt of a statement of claim referred to in sub-section (1) the Collector shall examine the claim and call for such further particulars, if any, as he considers necessary, and shall, if he is satisfied that the claim is bona fide, enter the name of the claimant in the list of claimants. The Collector may exclude from the said list the name of any claimant who fails to supply any of the required particulars. If any part of the attached land is claimed 11by the Government, the Collector shall 12include the Government in the said list of claimants. (3) \tAn application for inclusion in the list of claimants by a person with whom any of the land has been settled or resettled during the period of attachment shall not be considered unless it alleges a title independent of such settlement or resettlement.",
"name": "List of claimants",
"related_acts": "",
"section_id": 5
},
{
"act_id": 116,
"details": "5.(1) When the survey and map referred to in section 4, sub-section (1), have been completed the Collector shall as soon as possible pass an order making a reference to the principal Civil Court of original jurisdiction in the district for a decision as to what person has a title to the and, and shall include in the order the list of claimants referred to in section 4A and shall state- (a) \twhether any land claimed by any such claimant has been identified as being included in the land which is the subject of the reference, (b) \tthe costs incurred under section 3, section 4, sub-section (1), section 4A, sub-section (1), and the cost of preparation of the reference made under this sub-section, (c) \tthe value of the land, and (d) \tthe names of any persons who have filed statements of claim under section 4A and whose names are not included in the list of claimants. In the case of any land referred to in section 3, sub-section (1a), the reference shall be made to the principal Civil Court of original jurisdiction in the district in which, in the opinion of the Collector, the major portion of the attached land is situated. 13(1a) In making such reference the Collector shall advance the court-fees payable under the Court-fees Act, 1870, on a plaint in a suit for determination of title to land and such process-fees as may be required for service of notices on the parties to the reference. The Collector may make such advance from the balance of the receipts at credit in his accounts of the attached land, or, if this is not practicable, may at any time recover such advance or any part thereof from such balance. (2) On receipt of a reference made under sub-section (1), the principal Civil Court of the district may either proceed to determine the matter or may transfer the matter for determination to any other Civil Court subordinate to such Court competent to try or dispose of a suit for the determination of title to the land. The said Court shall issue notices to all the persons mentioned in the list of claimants referred to in section 4A to appear and file statements of their respective claims. No other person shall be made a party to the reference unless the said Court is satisfied that for some reason not due to wilful default or negligence on the part of such person he was unable to file a statement of claim referred to in section 4A, sub-section (1), in due time or that the Collector has without sufficient reason held that such person's claim was not bona fide. A person pleading ignorance of the issue of the notice under that sub-section shall not be made a party to the reference unless he proves to the satisfaction of the said Court that he had no knowledge that the land had been attached. The said Court shall also determine which of the claimants has the right to begin at the hearing of the reference. (3) Save as otherwise provided in this Act, a reference made under sub-section (1), shall be deemed to be a suit for all the purposes of the Code of Civil Procedure, 1908, and every decision by a Civil Court under sub-section (2), shall be deemed to be a decree within the meaning of that Code and appealable as such. (4) The said Court shall decide to whom and in what proportions the net receipts, if any, from the land during attachment shall be paid. The net receipts shall be calculated by deducting from the gross receipts the costs incurred under section 3, section 4, sub-section (1), section 4A, sub-section (1), and the costs incurred by the Collector in the proceedings under this section including the cost of preparation of the reference made under sub-section (1). (5)\tThe said Court shall also decide by whom and in what proportions the costs incurred under section 3, section 4, sub-section (1), section 4A, sub-section (1), and the costs incurred by the Collector and by the other parties in the proceedings under this section including the cost of preparation of the reference made under sub-section (1), are payable. (6) \tIf the costs referred to in sub-section (4) exceed the gross receipts the Court shall decide by whom and in what proportions the amount of such excess shall be payable, and such amount shall be recoverable by the Collector, in accordance with the decision of the Court, from the persons liable, as arrears of a public demand. (7) \tThe person entitled to the net receipts may apply to the Court for the recovery from the persons liable of any amount deducted from the gross receipts in excess of the amount, so deducted, for which he is himself liable. If Government are entitle to the net receipts or to any part thereof the Collector may recover as arrears of a public demand any amount due to Government or may apply to the Court for the recovery of the same. (8) \tA reference made under sub-section (1) shall not be dismissed for default but the said Court shall decide the same after taking the evidence of such of the claimants mentioned by the Collector in the order of reference or added by the Court under section 5, sub-section (2), as it may think necessary.",
"name": "Reference to Civil Courts",
"related_acts": "21,86",
"section_id": 6
},
{
"act_id": 116,
"details": "6. Whenever the Court makes an order under section 5, sub-section (2), it shall certify to the Collector its decision, and the Collector shall thereupon put the person stated in such order to be entitled to the land in possession thereof.",
"name": "Taking possession of land by person entitled to it",
"related_acts": "",
"section_id": 7
},
{
"act_id": 116,
"details": "146A. Any person aggrieved by an order making settlement or re-settlement of any land under sub-section (2) of section 3 may, within one month of the date or such order, prefer an appeal to the Commissioner.",
"name": "Appeal",
"related_acts": "",
"section_id": 8
},
{
"act_id": 116,
"details": "7.(1) Every order under section 3, sub-section (3), shall state the amount of costs incurred under section 3, section 4, sub-section (1), section 4A, sub-section (1), and the cost of preparation of the reference to be made under section 5, sub-section (1), if any, and by what persons and in what proportions they are to be paid, and such costs shall be recoverable as arrears of a public demand. (2) \tAny person against whom an order has been made with regard to such costs, may, within one month of the date of such order, prefer an appeal to the 15Commissioner in respect of such costs.",
"name": "Costs",
"related_acts": "",
"section_id": 9
},
{
"act_id": 116,
"details": "167B. In the exercise of the powers and discharge of duties under this Act, the Collector 17or the Commissioner, as the case may be, shall be guided by such orders and instructions as he may, from time to time, receive from the 18Government.",
"name": "Control by the Government",
"related_acts": "",
"section_id": 10
},
{
"act_id": 116,
"details": "197A.(1) The Commissioner may, either of his own motion or on application, call for the records of any case at any time, and may, after examining such records and making such inquiry, if any, as he thinks fit, revise any order of the Collector under this Act, other than an order against which an appeal lies under section 6A or section 7. (2) \tThe 20Board of Land Administration may, either of its own motion or on application call for the records of any case at any time, and may, after examining such records and making such inquiry, if any, as it thinks fit, revise any order of the Collector or of the Commissioner under this Act: Provided that neither the Commissioner nor the 21Board of Land Administration shall, after a reference has been made under sub-section (1) of section 5, pass any order under this section affecting the order of attachment made by the Collector under sub-section (1) or sub-section (1a) of section 3.",
"name": "Revision",
"related_acts": "",
"section_id": 11
},
{
"act_id": 116,
"details": "7C.\tOmitted by the Schedule of the Bangladesh Laws (Repealing and Amending) Order, 1973 (President's Order No. 12 of 1973).",
"name": "Omitted",
"related_acts": "",
"section_id": 12
},
{
"act_id": 116,
"details": "8. The Government may, subject to the condition of previous publication by notification in the official Gazette make rules- (1) \tto regulate the procedure to be followed by the Collector in attaching any alluvial land under section 3; (2) \tto regulate the procedure to be followed by the Collector or receiver in the management of such land during the period of attachment; (3) \tto regulate the procedure to be followed by the Collector in demarcating, surveying and preparing a map of, any alluvial land; 22(3a) to regulate the procedure to be followed by the Collector in distributing the net receipts from attached land, when the attachment is cancelled under section 3, sub-section (3), and when the Civil Court passes a decree under section 5; (3b) to regulate the issue of notices prescribed under section 3, sub-section (4), or under section 4A, sub-section (1); (4) \tto regulate the procedure to be followed in making a reference to the Court under section 5, sub-section (1); 23* * * (6) \tto regulate the manner of making over possession of alluvial land under section 6; 24(6a) to provide for the creation of an Alluvial Lands Dispute Fund in any district and the administration of the same; and (7) \tgenerally to carry out the purposes of this Act.",
"name": "Rules",
"related_acts": "",
"section_id": 13
},
{
"act_id": 116,
"details": "9. No suit or other legal proceedings shall lie against 25the Collector 26, the Commissioner or the Government or any person acting under their direction, for any act done or ordered to be done in good faith under this Act.",
"name": "Indemnity",
"related_acts": "",
"section_id": 14
},
{
"act_id": 116,
"details": "279A. No Civil Court shall entertain any suit or other legal proceeding concerning any matter relating to settlement or re-settlement of any land under sub-section (2) of section 3 and any such suit or proceeding, if pending before a Civil Court, shall not be further proceeded with and shall abate; and any decree or order passed by a Civil Court in any such suit or proceeding after the 31st March, 1951, shall be void and inoperative. Explanation- For the purpose of this section- (i) \t'Civil Court' means a Civil Court within the meaning of the 28*** Civil Courts Act and includes any Court exercising appellate or revisional jurisdiction over any such Court; and (ii) \t\"Suit\" includes appeal.",
"name": "Bar to jurisdiction of Civil Court",
"related_acts": "",
"section_id": 15
},
{
"act_id": 116,
"details": "10. When the Collector has attached any alluvial land under section 3, no proceedings under section 145 of the Code of Criminal Procedure, 1898, shall be instituted in any Court in respect of the same land, or of any part thereof; and any such proceedings already commenced and pending in any such Court shall be stayed.",
"name": "Bar to institution of Proceedings under section 145 of the Code of Criminal Procedure",
"related_acts": "75",
"section_id": 16
}
],
"text": "1♣An Act to prevent disputes concerning the possession of certain lands in Bangladesh gained by alluvion, or by dereliction of a river or the sea. WHEREAS it is expedient to make provision for the prevention of disputes concerning the possession of certain lands in Bangladesh gained by alluvion, or by dereliction of a river or the sea; * * * It is hereby enacted as follows:-"
} |
{
"id": 117,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the words \"Bangladesh\" and \"Government\" were substituted, for the words \"East Pakistan\" and \"Provincial Government\" respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The word \"Bengal\" was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The words \"except any area\" were substituted, for the words \"and any area\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"4 The words \"the Government\" were substituted, for the words \"any Government\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"5 The words \"Zilla Board\" were substituted, for the words \"District Council\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"6 The word \"Taka\" was substituted, for the word \"rupees\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Agricultural and Sanitary Improvement Act, 1920",
"num_of_sections": 36,
"published_date": "13th October, 1920",
"related_act": [
86,
117,
430
],
"repelled": false,
"sections": [
{
"act_id": 117,
"details": "1.(1) This Act may be called the 2* * * Agricultural and Sanitary Improvement Act, 1920. (2) \tIt extends to the whole of Bangladesh, 3except any area which has been or may hereafter be constituted a Municipality under the provisions of the Municipal Administration Ordinance, 1960: Provided that if any scheme under this Act jointly affects any area to which this Act extends and any municipal area, this Act shall be deemed to apply to such municipal area for the purposes of such scheme. (3) \tIt shall come into force on such date as the Government may, by notification in the Official Gazette direct.",
"name": "Short title, extent and commencement",
"related_acts": "117",
"section_id": 1
},
{
"act_id": 117,
"details": "2. \tIn this Act, unless there is anything repugnant in the subject or context,- (1)\t\"Collector\"- (a) \tmeans the officer in charge of the revenue jurisdiction of the district within which the lands which form the subject of a scheme under this Act are situated, or, in the case of a scheme relating to lands lying in more than one district, any such officer or officers as may be selected by the Commissioner; and (b) \tincludes any officer appointed by the Government by general or special order to discharge all or any of the functions of the Collector under this Act; (2) \tthe \"cost\" of a work includes- (a) \tthe total expenditure incurred by the Engineer for surveys, plans, estimates, valuations of a work, and incidental expenses connected therewith, whether antecedent or subsequent to the adoption of a scheme, and all expenses incurred in its execution; (b) \tthe estimated capitalized cost of the maintenance of the work; (c) \tthe total expenditure incurred by the Collector in connection with the scheme and work inclusive of any preliminary inquiry, compensation for and cost of any land taken or acquired for the purposes of this Act, the preparation or revision of any record-of- rights and the cost of appointment and recovery; (d) \tall amounts paid, or estimated as payable, as compensation for damage inflicted in carrying out any scheme or work under this Act; and (e) \tinterest on all recoverable deposits or advances made by the Government, or by a local authority, or any person, at such rates and from and to such dates as may be prescribed; (3) \t\"Engineer\" means the District Engineer, or any Engineer, or other person specially appointed by the Government in the case of major schemes, or by the Collector in the case of minor schemes, to discharge all or any of the functions of an Engineer under this Act; (4) \t\"landlord\" means a person immediately under whom a tenant holds and includes a landlord in Khas possession and also the Government; (5) \t\"local area\" means the portion of a district or districts to which a scheme under this Act relates, and any municipal area included within such scheme; (6) \t\"local authority\" means any authority legally entitled to, entrusted by 4the Government with, the control or management of a municipal, or local fund; (7) \t\"major scheme\" means scheme- (i) \tin which the estimated cost of the work involved exceeds the prescribed amount, or (ii) \tin which more than one independent local authority is concerned, or (iii) \twhich the Collector has certified should be treated, in such circumstances as may be prescribed, as a major scheme; (8) \t\"minor scheme\" means any scheme other than a major scheme; (9) \t\"prescribed\" means prescribed by rules under this Act; (10) \ta \"Scheme\" includes- (a) \ta survey and plans, (b) \testimates of the cost of the work involved in such scheme, (c) \ta description or map of the local area, and (d) \ta report on the scheme; (11) \t\"tenant\" means a person, whether resident or non-resident in the local area, who holds land or premises for any purposes whatsoever under another person, and is, or but for a special contract would be, liable to pay rent for that land or premises to that person, and includes any rent-free holder or temporary occupant of land or premises.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 117,
"details": "3.\tWhenever an application is received by the Collector from a local authority, or local authorities, or any person, or persons, recommending the undertaking of any work for the improvement, or for the prevention of the deterioration, of the agricultural or sanitary condition of any area, or if the Collector is himself of opinion that the undertaking of any such work is necessary, he shall cause such inquiries as he may deem necessary to be made and shall thereafter consult the local authority or local authorities concerned: Provided that if after such inquires, the Collector is satisfied that the proposed work will constitute a minor scheme which is mainly agricultural in character, reference to any local authority shall not be necessary but may be made if the Collector deems it desirable.",
"name": "Procedure by the Collector on receipt of application for the undertaking of a work",
"related_acts": "",
"section_id": 3
},
{
"act_id": 117,
"details": "4.(1) On completion of the necessary inquiries and after consultation, when necessary, with the local authority or local authorities, the Collector shall- (a) \tif he considers that the proposed work should not be done, pass an order to that effect; or (b) if he considers that the work proposed or modified should be done, take action as hereinafter provided. (2) \tAn appeal shall lie to the Commissioner against every order by the Collector under clause (a) of sub-section (1) within thirty days of such order; and the decision of the Commissioner thereon shall be final.",
"name": "Order after inquiry",
"related_acts": "",
"section_id": 4
},
{
"act_id": 117,
"details": "5.(1) Whenever it has been decided under section 4 to proceed with any work, the Collector shall direct the Engineer to prepare a scheme. (2) \tWhen the Engineer has prepared any such scheme, he shall forward it to the Collector, who may, subject to such rules as may be prescribed in this behalf, make such modifications therein as he may deem necessary.",
"name": "Engineer to prepare Scheme",
"related_acts": "",
"section_id": 5
},
{
"act_id": 117,
"details": "6. \tAs soon as possible after the receipt of the scheme, the Collector shall publish a notice in the prescribed manner calling for objections or suggestions thereon by any local authorities, or person interested, within such time as may be prescribed.",
"name": "Publication of scheme",
"related_acts": "",
"section_id": 6
},
{
"act_id": 117,
"details": "7. In the case of minor schemes, the Collector shall, as soon as possible after the expiry of the period fixed by the notice published under section 6, proceed in the prescribed manner to consider any objections or suggestions received in regard to the scheme.",
"name": "Procedure in the case of minor schemes",
"related_acts": "",
"section_id": 7
},
{
"act_id": 117,
"details": "8.(1) The collector may- (a) \treject the scheme referred to in section 7, or (b) \tsubject to such rules as may be prescribed in this behalf, accept it with such modifications as he may deem necessary, and shall determine, in the prescribed manner, the method in which, and the conditions, subject to which, the cost of the work shall be financed and distributed. (2) \tAn appeal shall lie to the Commissioner against every order by the Collector under sub-section (1) within thirty days of such order; and the decision of the Commissioner thereon shall be final.",
"name": "Power of Collector to reject or accept, scheme",
"related_acts": "",
"section_id": 8
},
{
"act_id": 117,
"details": "9. \tIn the case of major schemes, the Collector shall, as soon as possible after the receipt of the scheme, in addition to the publication required by section 6, refer it to the Commissioner, and the Commissioner shall forthwith appoint a committee, to be constituted in the prescribed manner, with the Collector as Chairman, representing the local authorities and the landowning, cultivating and other interests of the area to which the scheme relates.",
"name": "Procedure in the case of major schemes\tAppointment of committee",
"related_acts": "",
"section_id": 9
},
{
"act_id": 117,
"details": "10.(1) On the expiry of the period fixed by the notice published under section 6, the committee shall proceed in the prescribed manner to consider any objections or suggestions in regard to the scheme received by the Collector, and may either accept the scheme with such modifications as it may deem necessary, or reject it. (2) \tWhenever a scheme has been accepted by the committee, it shall frame proposals, in the prescribed manner, regarding the method in which, and the conditions subject which, the cost of the work shall be financed and distributed. (3) \tAn appeal shall lie to the Government against every order by the committee under sub-section (1) or (2), within sixty days of such order. (4) \tIt shall be in the discretion of the Government, in the case of any scheme rejected by the committee under sub-section (1), of their own motion, to cancel or modify such order, and in such case the committee shall be required to frame proposals for financing and distributing the cost of the work as sanctioned by the Government, in the manner set out in sub section (2).",
"name": "Committee to consider major schemes",
"related_acts": "",
"section_id": 10
},
{
"act_id": 117,
"details": "11. \tWhen proceedings under section 10 have been completed, the committee shall forward the scheme through the Commissioner to the Government, together with its proposals for financing and distributing the cost thereof.",
"name": "Committee to forward scheme to Government for consideration",
"related_acts": "",
"section_id": 11
},
{
"act_id": 117,
"details": "12. The Government shall consider the scheme and proposals of the committee, together with any appeals which may have been received under section 10, sub-section (3), and may reject them or accept them, with such modifications as they may consider necessary, and the order of the Government thereon shall be final.",
"name": "Order by the Government on the scheme",
"related_acts": "",
"section_id": 12
},
{
"act_id": 117,
"details": "13.(1) As soon as possible after a scheme has been accepted under section 8, or section 12, the Collector shall direct the Engineer to execute the work. (2)\tOmitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Engineer to execute scheme",
"related_acts": "430",
"section_id": 13
},
{
"act_id": 117,
"details": "14. The Government may, at the request of the Collector, acquire, under the provisions of the Land Acquisition Act, 1894, any land required for the purpose of this Act. \"Land\" in this section has the same meaning as in clause (a) of section 3 of the Land Acquisition Act, 1894.",
"name": "Compulsory acquisition of land needed for purposes of this Act",
"related_acts": "",
"section_id": 14
},
{
"act_id": 117,
"details": "15.(1) \tOmitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973). (2) \tThe cost of the work, or any portion thereof may be advanced by the Government, or by any local authority, or any person, or security for such cost to the satisfaction of the Collector may given by the local authority or person concerned. (3) \tNotwithstanding anything contained in the Basic Democracies Order, 1959, it shall be lawful for a 5Zilla Board to make any payment referred to in sub-section (2) from the district fund.",
"name": "Advance of, or security for, cost of work",
"related_acts": "430",
"section_id": 15
},
{
"act_id": 117,
"details": "16. \tThe Engineer, or any other person duly authorized to prepare a scheme, or to execute any work under this Act may himself, or by his agents and workmen, enter into or upon any land forming part of the local area, and carry out such work thereon as may be required.",
"name": "Power to enter into or upon, land forming part of a local area",
"related_acts": "",
"section_id": 16
},
{
"act_id": 117,
"details": "17. \tOn the completion of any work executed under this Act, the Engineer shall forthwith submit to the Collector a report accompanied by- (a) \ta statement of the items of the cost of the work referred to in sub-clauses (a), (b) and (d) of clause (2) of section 2; and (b) \ta copy of the map prepared in the prescribed manner of the local area benefited by the improvement.",
"name": "Report by Engineer on completion of work",
"related_acts": "",
"section_id": 17
},
{
"act_id": 117,
"details": "18.(1) On receipt of the report and other documents required by section 17, the Collector shall- (i) prepare a statement showing the total cost of the work; (ii) distribute the said cost between- (a) \tthe applicant, (b) \tthe Government, (c) \tthe local authorities concerned, and (d) \tthe landlords and tenants collectively of the local area, in the manner determined under section 8 or 10, and (iii) apportion the share of such cost recoverable from the landlords or tenants, or both, or different classes thereof, according to such rates as may be determined in the prescribed manner, having regard, so far as practicable, to the degree of benefit derived, or estimated to be derived by the different areas and classes affected by the scheme. (2) The Collector shall publish in the prescribed manner the statement and the particulars referred to in sub-section (1), and a copy of the map submitted under clause (b) of section 17, after such revision as he may deem necessary, and shall send an abstract of the statement and particulars to each local authority concerned. (3) Any person interested may appeal to the Commissioner within thirty days of such publication against the order of apportionment under clause (iii) of sub-section (1), and the decision of the Commissioner thereon shall be final.",
"name": "Procedure on receipt of report",
"related_acts": "",
"section_id": 18
},
{
"act_id": 117,
"details": "19. The Collector shall then determine the amount recoverable form each landlord or tenant and enter such amount in a detailed statement.",
"name": "Collector to determine amount recoverable and prepare detailed statement",
"related_acts": "",
"section_id": 19
},
{
"act_id": 117,
"details": "20.(1) On completion of the detailed statement referred to in section 19, the Collector shall publish a copy of the same in the prescribed manner. (2) \tAny landlord, or tenant within the local area may, if he objects to the amount apportioned against him, appeal to the Commissioner within sixty days of the publication of the said statement on one or more of the following grounds, namely:- (a) \tthat he will not be benefited by the improvement, or (b) \tthat there has been material error in regard to the degree of benefit derived, or estimated to be derived, from the improvement, or (c) \tthat he holds no land or premises, or has no interest in the land or premises in the local area. (3) The order of the Commissioner on any appeal under sub-section (2) shall be final. (4) \tThe Collector may, on application or on his own motion, at any time, correct any mistakes in the calculation of the amount apportioned against any landlord or tenant.",
"name": "Procedure on completion of detailed statement",
"related_acts": "",
"section_id": 20
},
{
"act_id": 117,
"details": "21. After the disposal of appeals, if any, under section 20, sub-section (2), the Collector shall confirm the statement, with modifications, if any, and shall proceed in the prescribed manner to recover from the local authority, person, landlord or tenant concerned, the amount of the cost due from them.",
"name": "Realization of costs due",
"related_acts": "",
"section_id": 21
},
{
"act_id": 117,
"details": "22. All arrears shall be recoverable in the prescribed manner as if they were arrears of land-revenue.",
"name": "Recovery of arrears as arrears of land-revenue",
"related_acts": "",
"section_id": 22
},
{
"act_id": 117,
"details": "23. \tWhenever any land, other than land taken or acquired for the purpose of this Act, or any right of fishery, right of drainage, right of the use of water, or other right of property, is injuriously affected by any act done, or any work executed under this Act, the person in whom such property, or right is vested may prefer a claim by petition to the Collector, for compensation: Provided that the refusal to execute any work for which application is made, and the refusal of permission to execute any work for the execution of which the permission of the Collector or any other authority is required under this Act, shall not be deemed acts on account of which a claim for compensation can be preferred under this section.",
"name": "Compensation for consequential damage",
"related_acts": "",
"section_id": 23
},
{
"act_id": 117,
"details": "24.(1) No claim under section 23 shall be entertained which is made later than three years after the completion of the work by which such right is injuriously affected. (2) \tFor the purposes of this section, the date of the completion of the work shall be the date of the publication of the statement and particulars referred to in section 18, sub-section (2).",
"name": "Limitation to claim for compensation",
"related_acts": "",
"section_id": 24
},
{
"act_id": 117,
"details": "25.\tWhen any such claim is made, proceedings shall be taken with a view to determine the amount of compensation, if any, which should be made and the person to whom the same should be payable, so far as possible in accordance with the provisions of the Land Acquisition Act, 1894.",
"name": "Procedure for determining compensation",
"related_acts": "",
"section_id": 25
},
{
"act_id": 117,
"details": "26. In any such case which is referred by the Collector to the Court for the purpose of determining whether any, and, if so, what amount of compensation should be awarded, the Court shall take into consideration- Firstly, the market value of the property or right injuriously affected at the time when the act was done or the work executed; Secondly, the damage sustained by the claimant by reason of such act or work injuriously affecting the property or right; Thirdly, the consequent diminution of the market value of the property or right injuriously affected when the act was done or the work executed; Fourthly, whether any person has derived, or will derive, benefit from the act or work in respect of which the compensation is claimed or from any work connected therewith, in which case they shall set off the estimated value of such benefit, if any, against the compensation which would otherwise be decreed to such person: Provided that the Court shall not take into consideration- Firstly, the degree of urgency which has led to the act or work being done or executed; Secondly, any damage sustained by the claimant, which, if caused by a private person, would not in any suit instituted against such person justify a decree for damages.",
"name": "Matters to be considered in determining compensation",
"related_acts": "",
"section_id": 26
},
{
"act_id": 117,
"details": "27. \tIf, after the apportionment of the cost of the work as above provided, any expenses not included in such apportionment shall be found to have been paid, or to have become payable, on account of the said work, whether as compensation, or otherwise, or if the amount recovered is insufficient to cover the cost of the scheme, the Collector may proceed to distribute, apportion and recover such additional cost, or deficiency; and the procedure set out in section 18 and the following section shall then apply.",
"name": "Additional costs",
"related_acts": "",
"section_id": 27
},
{
"act_id": 117,
"details": "28. \tAll outlets and water-channels, natural or artificial, included in a scheme under this Act, whether reconstructed, cleared, altered, enlarged, excavated or cut under this Act or not, and the construction and maintenance of embankments and dams and works therein, or connected therewith, shall be subject to the law for the time being in force regulating the construction and maintenance of public embankments, rivers, channels and outlets.",
"name": "Drainage works subject to laws relating to public embankments",
"related_acts": "",
"section_id": 28
},
{
"act_id": 117,
"details": "29. \tAll lands which are taken, or acquired permanently under this Act for the purpose of a scheme, and any work constructed under this Act, and all water-channels, embankments and dams included within the scheme, whether reconstructed, cleared, altered, enlarged, excavated, or cut under this Act, or not, shall be vested in the Collector on behalf of the Government, or subject to such conditions as may be prescribed, in such local authority, or person as the Government, may, by general or special order, direct: Provided that when the total cost of any work has been paid by any local authority, or person, the said lands and works, including any water-channels, embankments and dams, shall, subject to such conditions as may be prescribed, vest in such local authority, or person.",
"name": "Lands and works how to be vested",
"related_acts": "",
"section_id": 29
},
{
"act_id": 117,
"details": "30. \tThe local authority, or person in whom the lands, or works, water-channels, embankments, and dams, are vested shall be responsible for their maintenance, subject to such rules as may be prescribed: Provided that if the Collector is satisfied that such maintenance is being neglected, or that it is desirable, in the public interests, that such maintenance should be undertaken by the Government, he shall report, through the Commissioner, to the Government, who may direct that the duty of maintenance be undertaken by the Government.",
"name": "Maintenance or works",
"related_acts": "",
"section_id": 30
},
{
"act_id": 117,
"details": "31. \tAll sums recovered as the estimated capital cost of the maintenance or works constructed under this Act shall be administered in the prescribed manner.",
"name": "Administration of capitalized cost of maintenance",
"related_acts": "",
"section_id": 31
},
{
"act_id": 117,
"details": "32.(1) Any person who, without lawful authority erects, or causes to be erected, any weir or other obstruction in any outlet or water-channel, or cultivates the bed of a water channel, so as to obstruct natural drainage, shall, upon conviction before a Magistrate, be liable to a penalty not exceeding two hundred 6Taka for every such offence. (2) It shall be in the discretion of such Magistrate to direct any such offender to remove or pay for the entire cost of the removal of any such obstruction.",
"name": "Penalty for constructing wires, etc., obstructing public drainage",
"related_acts": "",
"section_id": 32
},
{
"act_id": 117,
"details": "33. \tThe Commissioner, the Collector, and a committee appointed under section 9 shall have all such powers as are conferred on a Civil Court by the Code of Civil Procedure, 1908, for the purpose of compelling the attendance of witnesses and the production of evidence, and for the purpose of examining witnesses in any inquiry, or appeal, as the case may be, which they may be empowered to make or entertain under this Act.",
"name": "Powers of the Commissioner, etc., in taking evidence",
"related_acts": "86",
"section_id": 33
},
{
"act_id": 117,
"details": "34. No proceeding under this Act shall be defeated or invalidated by reason of any defect or omission in the publication or service of any notification, notice or order, unless material injury is done to any person by such defect or omission.",
"name": "Proceedings not to be invalidated by irregularities",
"related_acts": "",
"section_id": 34
},
{
"act_id": 117,
"details": "35.(1) The Government may, after previous publication, make rules to carry out the purposes of this Act. (2) \tIn particular, and without prejudice to the generality of the foregoing power, the Government may make rules- (a) \tfixing the rate of interest to be paid, and the dates from and to which interest on all recoverable deposits, or advances are to be paid under sub-clause (e) of clause (2) of section 2; (b) \tfixing the amount of the costs of the work involved in a scheme in excess of which such scheme shall be deemed to be a major scheme and prescribing the circumstances under which the Collector may certify a scheme to be a major scheme; (c) \tprescribing the manner of publication of a notice under section 6, a copy of the final statement of cost and the map under section 18, sub-section (2), and a copy of the detailed statement under section 20, sub-section (1), and prescribing the time within which objections and suggestions are to be made under section 6; (d) \tprescribing the manner in which the objections or suggestions referred to in section 7 and section 10, sub-section (1), shall be considered; (e) \tprescribing the manner in which a scheme may be modified, If necessary, under section 5, sub-section (2), and clause (b) of sub-section (1) of section 8; (f) \tdetermining the constitution of the committee referred to in section 9, and regulating the conduct of business at meetings of the committee; (g) \tprescribing the manner and conditions for financing and distributing the cost of the work involved in a scheme under section 8, sub-section (1), and section 10, sub-section (2); (h) \tprescribing the manner in which the Engineer shall prepare the map under clause (b) of section 17; (i) \tprescribing the manner in which the Collector shall determine the rates at which the cost of a scheme shall be recoverable under clause (iii) of sub-section (1) of section 18, and the instalments, if any, by which such cost shall be recovered; (j) \tprescribing the manner in which the Collector shall recover costs under section 21, and arrears under section 22; (k) \tprescribing the conditions subject to which lands and works shall vest in a local authority, or person under section, 29; (l) \tfor the maintenance of works under section 30; (m) \tdetermining the manner in which the sums referred to in section 31 shall be administered; (n) \tPrescribing the forms of accounts, surveys, plans, maps, estimates, statements, and reports; (o) \tregulating the powers and duties of any officer, or person under this Act.",
"name": "Power of Government to make rules",
"related_acts": "",
"section_id": 35
},
{
"act_id": 117,
"details": "36.\tOmitted by 1st Schedule of the East Pakistan (Repealing and Amending) Ordinance, 1962 (Ordinance No. XIII of 1962).",
"name": "Omitted",
"related_acts": "",
"section_id": 36
}
],
"text": "1♣An Act to consolidate and amend the law relating to the construction of drainage and other works for the improvement of the agricultural and sanitary conditions of certain areas in Bangladesh. WHEREAS it is expedient to consolidate and amend the law relating to the construction of drainage and other works for the improvement of the agricultural and sanitary conditions of certain areas in Bangladesh; It is hereby enacted as follows:-"
} |
{
"id": 118,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the word \"Bangladesh\" was substituted, for the word \"Pakistan\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The word \"Government\" was substituted, for the words \"Central Government or by any Provincial Government\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 Clause (c) was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"4 The words, commas and figures \"or the Co-operative Societies Act, 1912,\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"5 The words and commas \"and, where interest is payable at a place in an Acceding State or non-Acceding State, the Political Agent\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"6 Section 18A was inserted by section 3 of the Indian Securities (Amendment) Act, 1927 (Act No. XXI of 1927)",
"7 The word \"Taka\" was substituted, for the word \"rupees\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"8 The words, comma and figure \"Succession Act, 1925\" were substituted, for the words, comma and figure \"Succession Certificate Act, 1889\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"9 The word \"Taka\" was substituted, for the word \"rupees\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"10 Clause (c) was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Securities Act, 1920",
"num_of_sections": 27,
"published_date": "11th March, 1920",
"related_act": [
138,
46,
430,
118,
26
],
"repelled": false,
"sections": [
{
"act_id": 118,
"details": "1.(1) This Act may be called the Securities Act, 1920; (2) \tIt extends to the whole of Bangladesh; and (3) \tIt shall come into force on the first day of April, 1920.",
"name": "Short title, extent and commencement",
"related_acts": "118",
"section_id": 1
},
{
"act_id": 118,
"details": "2. \tIn this Act, unless there is anything repugnant in the subject or context,- (a) \t\"Government security\" means promissory notes (including treasury bills), stock-certificates, bearer bonds and all other securities issued by the 2Government in respect of any loan contracted either before or after the passing of this Act, but does not include a currency-note; and (b) \tprescribed\" means prescribed by rules made under this Act; 3* * *",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 118,
"details": "3.(1) Save as otherwise provided in or under this Act, no notice of any trust in respect of any Government security shall be receivable by the Government. (2) \tThe Government shall not be deemed to have received notice of any trust by reason only of the fact that it has recognized an indorsement on a Government security by an executor or administrator as such, nor shall it inquire into the terms of any will by which such executor or administrator may be bound, but, on being satisfied of the due appointment of such executor or administrator, it shall be entitled to treat him as the full owner of any Government security belonging to the estate of the person whom he represents.",
"name": "Notice of trust not receivable save as provided",
"related_acts": "",
"section_id": 3
},
{
"act_id": 118,
"details": "4.(1) Notwithstanding anything in section 45 of the Contract Act, 1872,- (a) \twhen a Government security is payable to two or more persons jointly, and either or any of them dies, the security shall be payable to the survivor or survivors of those persons, and (b) \twhen a Government security is payable to two or more persons severally, and either or any of them dies, the security shall be payable to the survivor or survivors of those persons, or to the representative of the deceased, or to any of them. (2)\tOmitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973). (3) \tNothing herein contained shall affect any claim which any representatives of a deceased person may have against the survivor or survivors under or in respect of any security to which sub-section (1) applies. (4) \tFor the purposes of this section, a body incorporated under the Companies Act, 1913, 4* * * or any other enactment for the time being in force whether within or without Bangladesh, relating to the incorporation of associations of individuals, shall be deemed to die when it is dissolved.",
"name": "Right of survivors of joint or several payees of Government securities",
"related_acts": "26,430",
"section_id": 4
},
{
"act_id": 118,
"details": "5. \tNotwithstanding anything in section 15 of the Negotiable Instruments Act, 1881, no indorsement of a Government promissory note shall be valid unless made by the signature of the holder inscribed on the back of the security itself.",
"name": "Endorsements to be made on security itself",
"related_acts": "46",
"section_id": 5
},
{
"act_id": 118,
"details": "6.(1) In the case of any public office to which the Government may, by notification in the official Gazette, declare this sub-section to apply, a Government security may be made or indorsed payable to or to the order of the holder of the office by the name of the office. (2) \tWhen a Government security is made or indorsed as aforesaid, it shall be deemed to be transferred without any or further indorsement from each holder of the office to the succeeding holder of the office on and from the date on which the latter takes charge of the office. (3) \tWhen the holder of the office indorses to a third party a Government security made or indorsed as aforesaid, he shall subscribe the indorsement with his name and the name of the office. (4) \tA writing on a Government security now or heretofore standing in the name of the holder of a public office, whereby the security has been or was made or indorsed payable to or to the order of the holder of the office by the name of the office, shall not be deemed to be or to have been invalid by reason only of the security having been so made or indorsed. (5) \tThis section applies as well to an office of which there are two or more joint holders as to an office of which there is a single holder.",
"name": "Holding of Government securities by holders of public offices",
"related_acts": "",
"section_id": 6
},
{
"act_id": 118,
"details": "7.\tOmitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 7
},
{
"act_id": 118,
"details": "8. \tNotwithstanding anything in the Negotiable Instruments Act, 1881, a person shall not, by reason only of his having indorsed a Government security, be liable to pay any money due, either as principal or as interest, thereunder.",
"name": "Indorser of Government security not liable for amount thereof",
"related_acts": "46",
"section_id": 8
},
{
"act_id": 118,
"details": "9.(1) The signature of the person authorized to sign Government securities on behalf of the Government may be printed, engraved or lithographed, or impressed by such other mechanical process as the Government may direct , on the securities. (2) \tA signature so printed, engraved, lithographed or otherwise impressed shall be as valid as if it had been inscribed in the proper handwriting of the person so authorized.",
"name": "Impression of signature on Government securities",
"related_acts": "",
"section_id": 9
},
{
"act_id": 118,
"details": "10.(1) When a Government security is alleged to have been lost, stolen or destroyed either wholly or in part, and a person claims to be the person to whom but for the loss, theft or destruction it would be payable, he may, on application to the prescribed authority, and on producing proof its satisfaction of the loss, theft or destruction and of the justice of the claim and on payment of the prescribed fee, if any, obtain from it an order for- (a) \tthe payment of interest in respect of the security said to be lost, stolen or destroyed pending the issue of a duplicate security; and (b) \tthe issue a duplicate security payable to the applicant. (2) \tAn order shall not be passed under sub-section (1) until after the issue of the prescribed notification of the loss, theft or destruction. (3) \tA list of the securities in respect of which an order is passed under sub-section (1) shall be published in the prescribed manner. (4) \tIf at any time before the Government becomes discharged under the provisions of this Act from liability in respect of any security the whole of which is alleged to have been lost, stolen or destroyed, such security is found, any order passed in respect thereof under this section shall be cancelled.",
"name": "Issue of duplicate securities",
"related_acts": "",
"section_id": 10
},
{
"act_id": 118,
"details": "11. \tThe holder of a bearer bond or other Government security payable to bearer may, on application to the prescribed authority, on delivery of the bearer bond or other security, and on payment of the prescribed fee, if any, obtain from such authority a renewed bearer bond or other security, as the case may be.",
"name": "Renewal of bearer bonds",
"related_acts": "",
"section_id": 11
},
{
"act_id": 118,
"details": "12. \tSubject to the provisions of section 13, a person claiming to be entitled to a Government promissory note, may, on applying to the prescribed authority, and on satisfying it of the justice of his claim and delivering the promissory note receipted in the prescribed manner, and paying the prescribed fee, if any, obtain from such authority a renewed promissory note payable to him: Provided that, when application is made for the renewal of a Government promissory note which appears to the prescribed authority to stand in the name of a deceased member of a Hindu undivided family governed by the Mitakshara law, a renewed promissory note shall not be issued to the applicant unless he furnishes a certificate signed by such authority and after such inquiry as may be prescribed to the effect that the deceased belonged to a Hindu undivided family governed by the Mitakshara law, that the promissory note formed part of the joint property of the family, and that the applicant is the managing or sole surviving male member of the family.",
"name": "Renewal of promissory notes",
"related_acts": "",
"section_id": 12
},
{
"act_id": 118,
"details": "13.(1) Where there is a dispute as to the title to a Government promissory note in respect of which an application for renewal has been made, the prescribed authority may- (a) \twhere any party to the dispute has obtained a final decision from a Court of competent jurisdiction declaring him to be entitled to such note, issue a renewed note in favour of such party, or (b) \trefuse to renew the note until such a decision has been obtained, or (c) \tafter such inquiry as is hereinafter provided and consideration of the result thereof, declare by order in writing which of the parties is in its opinion entitled to such note and may, after the expiration of three months from the date of such declaration, issue a renewed note in favour of such party in accordance with the provisions of section 12, unless within that period it has received notice that proceedings have been instituted by any person in a Court of competent jurisdiction for the purpose of establishing a title to such note. Explanation.- For the purposes of sub-section the expression \"final decision\" means a decision which is not appealable or a decision which is appealable but against which no appeal has been filed within the period of limitation allowed by law. (2) \tFor the purpose of the inquiry referred to in sub-section (1), the prescribed authority may direct one of its officers to record, or may request the District Magistrate to record or to have recorded, the whole or any part of such evidence as the parties may produce. When such request has been made to the District Magistrate, such Magistrate may himself record or may direct any Magistrate of the first class subordinate to him, or any Magistrate of the second class subordinate to him and empowered by general or special order of the Government in this behalf, to record the evidence, and shall forward a copy thereof to the prescribed authority. Explanation.-For the purposes of this sub-section, the District Magistrate means the District Magistrate having jurisdiction in the place where interest on the promissory note is payable 5* * *. (3) \tThe officer of the prescribed authority or any Magistrate acting under this section may, if he thinks fit, record evidence on oath.",
"name": "Renewal of promissory notes in case of dispute as to title",
"related_acts": "",
"section_id": 13
},
{
"act_id": 118,
"details": "14. \tGovernment securities other than those mentioned in sections 11 and 12 may be renewed in such circumstances and in such manner as may be prescribed.",
"name": "Renewal of other securities",
"related_acts": "",
"section_id": 14
},
{
"act_id": 118,
"details": "15.(1) The prescribed authority may, subject to such conditions as may be prescribed, on the application of a person claiming to be entitled to a Government security or securities, on being satisfied of the justice of the claim and on delivery of the security or securities receipted in the prescribed manner and on payment of the prescribed fee, if any, convert, consolidate or subdivide the security or securities, and issue to the applicant a new security or securities accordingly. (2) \tThe conversation, consolidation or sub-division referred to in sub-section (1) may be into a security or securities of the same or different classes or of the same or different loans.",
"name": "Issue of converted, etc., securities",
"related_acts": "",
"section_id": 15
},
{
"act_id": 118,
"details": "16.(1) When a renewed Government promissory note has been issued under section 12, or a new Government promissory note has been issued upon conversion, consolidation or sub-division under section 15, in favour of any person, the note so issued shall be deemed to constitute a new contract between the Government and such person and all persons deriving title thereafter through him. (2) \tNo such renewal, conversion, consolidation or sub-division shall affect the rights as against the Government of any other person to the security or securities so renewed, converted, consolidated or sub-divided.",
"name": "Liability in respect of promissory note renewed, etc.",
"related_acts": "",
"section_id": 16
},
{
"act_id": 118,
"details": "17. \tOn payment by or on behalf of the Government to the holder of a bearer bond or other Government security payable to bearer of the amount expressed therein on or after the date when it becomes due, or on renewal of a bearer bond or other security payable to bearer under section 11, or on renewal of a Government promissory note under section 13, or on conversion, consolidation or sub-division of a bearer bond or other security payable to bearer under section 15, the Government shall be discharged in the same way and to the same extent as if such bearer bond, promissory note or other security were a promissory note payable to bearer: Provided that, in the case of a Government promissory note renewed under section 13, nothing in this section shall deemed to bar a claim against the Government in respect of such note by any person who had no notice of the proceedings under that section, or who derives title through any such person.",
"name": "Immediate discharge in certain cases",
"related_acts": "",
"section_id": 17
},
{
"act_id": 118,
"details": "618A. Save as otherwise expressly provided in the terms of a Government security, no person shall be entitled to claim interest on any such security in respect of any period which has elapsed after the earliest date on which demand could have been made for the payment of the amount due on such security.",
"name": "Discharge in respect of interest",
"related_acts": "",
"section_id": 18
},
{
"act_id": 118,
"details": "18. \tSave as otherwise provided in this Act- (i) \ton payment or the amount due on a Government security on or after the date on which payment becomes due, or (ii) \twhen a duplicate security has been issued under section 10, or (iii) \twhen a renewed security has been issued under section 12 or section 13, or a new security or securities has or have been issued upon conversion, consolidation or sub-division under section15, the Government shall be discharged from all liability in respect of the security or securities so paid or in place of which a duplicate, renewed, or new security or securities has or have been issued- (a) \tin the case of payment-after the lapse of six years from the date on which payment was due; (b) \tin the case of a duplicate security-after the lapse of six years from the date of the publication under sub-section (3) of section 10 of the list in which the security is first mentioned, or from the date of the last payment of interest on the original security, whichever date is later; (c) \tin the case of a renewed security or of a new security issued upon conversion, consolidation or sub-division-after the lapse of six years from the date of the issue thereof.",
"name": "Discharge in other cases",
"related_acts": "",
"section_id": 19
},
{
"act_id": 118,
"details": "19.(1) If within six months of the death of a person who was entitled to a Government security or securities (other than a security payable to bearer) the nominal or face value of which does not in the aggregate exceed five thousand 7Taka or, in the case of Post Office Savings Certificates, twenty-five thousand Taka, probate of the will or letters of administration of the estate of such person or a certificate granted under the 8Succession Act, 1925, is not produced to the prescribed authority, such authority may, after inquiry in the manner provided in sub-sections (2) and (3) of section 13, determine who is the person entitled to the security or securities or to administer the estate of the deceased, and may- (a) \tin the case of any such security relating to a loan due for repayment, authorize payment of the amount due thereon to such person; and (b) \tin the case of any such security relating to a loan not due for repayment, authorize, in the case of a promissory note, the renewal of such promissory note in favour of such person, or, in the case of stock, the registration of the name of such person in substitution for the name of the deceased. (2) \tUpon the payment or renewal of any promissory note in accordance with sub-section (1), the Government shall be discharged from all liability in respect of the note so paid or renewed; and any substitution of names made in accordance with clause (b) of sub-section (1) shall, for the purposes of any claim against the Government, be deemed to have effected a valid transfer of the stock in respect of which it was made. (3) \tAny creditor or claimant against the estate of the deceased may recover his debt or claim out of money paid to any person under sub-section (1) and remaining in his hands unadministered in the same manner and to the same extent as if said person had obtained letters of administration of the estate of the deceased, and nothing in this section shall affect any claim of an executor or administrator or other representative of the deceased against such person other than a claim to recover amounts lawfully paid by him in due course of administration of the estate of the deceased.",
"name": "Procedure on death of holder of securities",
"related_acts": "138",
"section_id": 20
},
{
"act_id": 118,
"details": "20. \tWhere a Government security stands in the name of or is held by a minor or a person who is insane and incapable of managing his affairs, the interest accruing thereon, or the capital sum payable in respect thereof on the maturity or discharge of the loan, shall, where, in the case of interest payable, the nominal value of the security, or in other cases the sum payable, does not exceed five thousand 9Taka, be paid in such manner as may be prescribed, and on any payment being so made, the Government shall, notwithstanding any provision of any enactment to the contrary, be discharged from all liability in respect thereof.",
"name": "Payment in case of securities held by minors and lunatics",
"related_acts": "",
"section_id": 21
},
{
"act_id": 118,
"details": "21. \tNotwithstanding anything in section 10, 12, 13 or 15, the prescribed authority may in any case arising under any of those sections- (i) \tissue a duplicate or renewed security or convert, consolidate or sub-divide a security or securities upon the applicant giving the prescribed indemnity against the claims of all persons claiming under the original security or under the security or securities so renewed, converted, consolidated or sub-divided, as the case may be, or (ii) \trefuse to issue a duplicate or renewed security or to convert, consolidate or sub-divide a security or securities unless such indemnity is given.",
"name": "Indemnity",
"related_acts": "",
"section_id": 22
},
{
"act_id": 118,
"details": "22. \tNo person shall be entitled to inspect, or to receive information derived from, any Government security in the possession of the Government or from any book, register orother document kept or maintained by or on behalf of Government in relation to Government securities or any Government security, save in such circumstances and manner and subject to such conditions as may be prescribed.",
"name": "Inspection of documents",
"related_acts": "",
"section_id": 23
},
{
"act_id": 118,
"details": "23.(1) If any person, for the purpose of obtaining for himself or for any other person payment of interest or of the capital sum due in respect of any Government security, or the issue of a duplicate security, or the renewal, conversion consolidation or sub-division of a Government security or securities, makes to any authority under this Act a statement which is false and which he either knows to be false or does not believe to be true, he shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both. (2) \tNo Court shall take cognizance of any offence under sub-section (1) save on the complaint of the authority to whom the false statement was made.",
"name": "Penalty",
"related_acts": "",
"section_id": 24
},
{
"act_id": 118,
"details": "24.(1) The Government may after previous publication make rules to carry out the purposes of this Act. (2) \tIn particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:- (a) \tthe manner in which payment of interest in respect of Government securities is to be made and acknowledged; (b) \tthe circumstances in which Government securities must be renewed before further payment of interest thereon can be claimed; 10* * * (d) \tthe fees to be paid in respect of the issue of duplicate securities and of the renewal, conversion, consolidation and sub-division of Government securities; (e) \tthe proof which is to be produced by persons applying for duplicate securities; (f) \tthe form and manner of publication of the notification mentioned in sub-section (2) of section 10 and the manner of publication of the list mentioned in sub-section (3) of that section; (g) \tthe authority which is to exercise all or any of the powers and to perform all or any of the duties referred to in sections 10, 11, 12, 13, 15, 19 and 21; (h) \tthe manner of making the inquiry mentioned in the proviso to section 12; (i) \tthe circumstances and the manner in which securities other than securities payable to bearer or promissory notes are to be renewed; (j) \tthe form in which securities delivered for discharge, renewal, conversion, consolidation or sub-division are to be receipted; (k) \tthe conditions subject to which securities may be converted, consolidated or sub-divided; (l) \tthe person to whom and the manner in which payments are to be made in respect of Government securities standing in the name of, or held by, minors or persons who are insane and incapable of managing their affairs; (m) \tthe taking of indemnities against adverse claims of third parties from persons who receive payment of interest or of the capital sum due in respect of Government securities, or who obtain duplicate, renewed, converted, consolidate or sub-divided securities; (n) \tthe manner in which any document relating to Government securities or any endorsement on a Government promissory note may, on the demand of any person who from any cause is unable to write, be executed on his behalf; (o) \tenabling holders of Government stock to be described in the registers of such stock as trustees, and either as trustees of any particular trust or as trustees without qualification, and for the recognition of powers of attorney granted by holders of stock so described; (p) \tthe holding of Government stock by the holders of offices other than public offices, and the manner in which and the conditions subject to which stock so held may be transferred; (q) \tthe mode of attestation of documents relating to Government stock; (r) \tgenerally, all matters connected with the grant of duplicate, renewed, converted, consolidated and sub-divided securities; and (s) \tthe circumstances and the manner in which and the conditions subject to which inspection of securities, books, registers and other documents may be allowed or information therefrom may be given under section 22. (3) Nothing in any rule made under clauses (o) and (p) shall, as between any trustees or as between any trustees and the beneficiaries under a trust, be deemed to authorize the trustees to act otherwise than in accordance with the rules of law applying to the trust and the terms of the instrument constituting the trust; and neither the Government nor any person holding or acquiring any interest in any Government stock shall by reason only of any entry in any register maintained by or on behalf of the Government in relation to any Government stock or any stockholder, or of anything in any document relating to Government stock, be affected with notice of any trust or of the fiduciary character of any stockholder or of any fiduciary obligation attaching to the holding of any Government Stock. (4) Rules made under this section shall be published in the official Gazette, and shall thereupon have effect as if enacted in this Act.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 25
},
{
"act_id": 118,
"details": "25. Repealed by section 2 and Schedule of the Repealing Act, 1927 (Act No. XII of 1927).",
"name": "Repealed",
"related_acts": "",
"section_id": 26
},
{
"act_id": 118,
"details": "26. For the avoidance of doubt it is hereby declared that the rights of all persons in relation to Bangladesh securities are to be determined, in connection with all such questions as are dealt with by this Act in relation to Government securities, by the law of Bangladesh.",
"name": "Provision as to Bangladesh securities",
"related_acts": "",
"section_id": 27
}
],
"text": "1♣An Act to consolidate and amend the law relating to Government securities. WHEREAS it is expedient to consolidate and amend the law relating to Government securities; It is hereby enacted as follows:-"
} |
{
"id": 119,
"lower_text": [
"1 The word \"Bangladesh\" was substituted, for the word \"Pakistan\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The words \"of any Province\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The words \"that Province or\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"4 The word \"Government\" was substituted, for the words \"Provincial Government\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"5 The words \"High Court Division\" were substituted, for the words \"High Court\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"6 The words \"Attorney-General\" were substituted, for the words \"Advocate General\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"7 The words, comma and figure \"Waqfs Ordinance, 1962\" were substituted, for the words, comma and figure \"East Pakistan Waqfs Ordinance, 1962\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"8 The word \"Bangladesh\" was substituted, for the words \"East Pakistan\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Charitable and Religious Trusts Act, 1920",
"num_of_sections": 13,
"published_date": "20th March, 1920",
"related_act": [
10,
430,
86,
119
],
"repelled": false,
"sections": [
{
"act_id": 119,
"details": "1.(1) This Act may be called the Charitable and Religious Trusts Act, 1920. (2) \tIt extends to the whole of 1Bangladesh: Provided that the Government 2* * * may, by notification in the official Gazette direct that this Act, or any specified part thereof, shall not extend to 3* * * any specified area therein or to any specified trust or class of trusts.",
"name": "Short title and extent",
"related_acts": "119",
"section_id": 1
},
{
"act_id": 119,
"details": "2. In this Act, unless there is anything repugnant in the subject or context, \"the Court\" means the Court of the District Judge or any other Court empowered in that behalf by the 4Government and includes the 5High Court Division in the exercise of its ordinary original civil jurisdiction.",
"name": "Interpretation",
"related_acts": "",
"section_id": 2
},
{
"act_id": 119,
"details": "3. \tSave as hereinafter provided in this Act, any person having an interest in any express or constructive trust created or existing for a public purpose of a charitable or religious nature may apply by petition to the Court within the local limits of whose jurisdiction any substantial part of the subject-matter of the trust is situate to obtain an order embodying all or any of the following directions, namely:- (1) \tdirecting the trustee to furnish the petitioner through the Court with particulars as to the nature and objects of the trust, and of the value, condition, management and application of the subject-matter of the trust, and of the income belonging thereto, or as to any of these matters, and (2) \tdirecting that the accounts of the trust shall be examined and audited: Provided that no person shall apply for any such direction in respect of accounts relating to a period more than three years prior to the date of the petition.",
"name": "Power to apply to the Court in respect of trusts of a charitable or religious nature",
"related_acts": "",
"section_id": 3
},
{
"act_id": 119,
"details": "4.(1) The petition shall show in what way the petitioner claims to be interested in the trust, and shall specify, as far as may be, the particulars and the audit which he seeks to obtain. (2) \tThe petition shall be in writing and shall be signed and verified in the manner prescribed by the Code of Civil Procedure, 1908, for signing and verifying plaints.",
"name": "Contents and verification of petition",
"related_acts": "86",
"section_id": 4
},
{
"act_id": 119,
"details": "5.(1) If the Court on receipt of a petition under section 3, after taking such evidence and making such inquiry, if any, as it may consider necessary, is of opinion that the trust to which the petition relates is a trust to which this Act applies, and that the petitioner has an interest therein, it shall fix a date for the hearing of the petition, and shall cause a copy thereof, together with notice of the date so fixed, to be served on the trustee and upon any other person to whom in its opinion notice of the petition should be given. (2) On the date fixed for the hearing of the petition, or on any subsequent date to which the hearing may be adjourned, the Court shall proceed to hear the petitioner and the trustee, if he appears, and any other person who has appeared in consequence of the notice, or who it considers ought to be heard, and shall make such further inquiries, if any as it thinks fit. The trustee may and, if so required by the Court, shall, at the time of the first hearing or within such time as the Court may permit, present a written statement of his case. If he does present a written statement, the statement shall be signed and verified in the manner prescribed by the Code of Civil Procedure, 1908, for signing and verifying pleadings. (3) \tif any person appears at the hearing of the petition and either denies the existence of the trust or denies that it is a trust to which this Act applies, and undertakes to institute within three months a suit for a declaration to that effect and for any other appropriate relief, the Court shall order a stay of the proceedings and, if such suit is so instituted, shall continue the stay, until the suit is finally decided. (4) \tIf no such undertaking is given, or if after the expiry of the three months no such suit has been instituted, the Court shall itself decide the question. (5) \tOn completion of the inquiry provided for in sub-section (2), the Court shall either dismiss the petition or pass thereon such other order as it thinks fit: Provided that, where a suit has been instituted in accordance with the provisions of sub-section (3), no order shall be passed by the Court which conflicts with the final decision therein. (6) \tSave as provided in this section, the Court shall not try or determine any question of title between the petitioner and any person claiming title adversely to the trust.",
"name": "Procedure on petition",
"related_acts": "86",
"section_id": 5
},
{
"act_id": 119,
"details": "6. \tIf a trustee without reasonable excuse fails to comply with an order made under sub-section (5) of section 5, such trustee shall, without prejudice to any other penalty or liability which he may incur under any law for the time being in force, be deemed to have committed a breach of trust affording ground for a suit under the provisions of section 92 of the Code of Civil Procedure, 1908; and any such suit may, so far as it is based on such failure , be instituted without the previous consent of the 6Attorney-General.",
"name": "Failure of trustee to comply with order under section 5",
"related_acts": "86",
"section_id": 6
},
{
"act_id": 119,
"details": "7.(1) Save as hereinafter provided in this Act, any trustee of an express or constructive trust created or existing for public purpose of a charitable or religious nature may apply by petition to the Court, within the local limits of whose jurisdiction any substantial part of the subject-matter of the trust is situate, for the opinion, advice or direction of the Court on any question affecting the management or administration of the trust property, and the Court shall give its opinion, advice or direction, as the case may be, thereon: Provided that the Court shall not be bound to give such opinion, advice or direction on any question which it considers to be a question not proper for summary disposal. (2) \tThe Court on a petition under sub-section (1), may either give its opinion, advice or direction thereon forthwith, or fix a date for the hearing of the petition, and may direct a copy thereof, together with notice of the date so fixed, to be served on such of the persons interested in the trust, or to be published for information in such manner, as it thinks fit. (3) \tOn any date fixed under sub-section (2) or on any subsequent date to which the hearing may be adjourned, the Court, before giving any opinion, advice or direction, shall afford a reasonable opportunity of being heard to all persons appearing in connection with the petition. (4) \tA trustee stating in good faith the facts of any matter relating to the trust in a petition under sub-section (1), and acting upon the opinion, advice or direction of the Court given thereon, shall be deemed, as far as his own responsibility is concerned, to have discharged his duty as such trustee in the matter in respect of which the petition was made.",
"name": "Powers of trustee to apply for directions",
"related_acts": "",
"section_id": 7
},
{
"act_id": 119,
"details": "8. \tThe costs, charges and expenses of an incidental to any petition, and all proceedings in connection therewith, under the foregoing provisions of this Act, shall be in the discretion of the Court, which may direct the whole or any part of any such costs, charges and expenses to be met from the property or income of the trust in respect of which the petition is made, or to be borne and paid in such manner and by such persons as it thinks fit: Provided that no such order shall be made against any person (other than the petitioner) who has not received notice of the petition and had a reasonable opportunity of being heard thereon.",
"name": "Cost of petition under this Act",
"related_acts": "",
"section_id": 8
},
{
"act_id": 119,
"details": "9. \tNo petition under the foregoing provisions of this Act in relation to any trust shall be entertained in any of the following circumstances, namely:- (a) \tif a suit instituted in accordance with the provisions of section 92 of the Code of Civil Procedure, 1908, is pending in respect of the trust in question; (b) \tif the trust property is vested in the Treasurer of Charitable Endowments, the Administrator-General, the Official Trustee, or any Society registered under the Societies Registration Act, 1860; or (c) \tif a scheme for the administration of the trust property has been settled or approved by any Court of competent jurisdiction, or by any other authority acting under the provisions of any enactment.",
"name": "Savings",
"related_acts": "86,10",
"section_id": 9
},
{
"act_id": 119,
"details": "10.(1) In any suit instituted under section 14 of the Religious Endowments Act, 1863, or under section 92 of the Code of Civil Procedure, 1908, the Court trying such suit may, if, on application of the plaintiff and after hearing the defendant and making such inquiry as it thinks fit, it is satisfied that such an order is necessary in the public interest, direct the defendant either to furnish security for any expenditure incurred or likely to be incurred by the plaintiff in instituting and maintaining such suit, or to deposit from any money in his hands as trustees of the trust to which the suit relates such sum as such Court considers sufficient to meet such expenditure in whole or in part. (2) \tWhen any money has been deposited in accordance with an order made under sub-section (1), the court may make over to the plaintiff the whole or any part of such sum for the conduct of the suit. Before making over any sum to the plaintiff, the Court shall take security from the plaintiff for the refund of the same in the event of such refund being subsequently ordered by the Court.",
"name": "Power of Courts as to costs in certain suits against trustees of charitable and religious trusts",
"related_acts": "86",
"section_id": 10
},
{
"act_id": 119,
"details": "11.(1) The provisions of the Code of Civil Procedure, 1908, relating to- (a) \tthe proof of facts by affidavit, (b) \tthe enforcing of the attendance of any person and his examination on oath, (c) \tthe enforcing of the production of documents, and (d) \tthe issuing of commissions, shall apply to all proceedings under this Act, and the provisions relating to the service of summonses shall apply to the service of notices thereunder. (2) \tThe provisions of the said Code relating to the execution of decrees shall, so far as they are applicable, apply to the execution of orders under this Act.",
"name": "Provisions of the Code of Civil Procedure to apply",
"related_acts": "86",
"section_id": 11
},
{
"act_id": 119,
"details": "12. \tNo appeal shall lie from any order passed or against any opinion, advice or direction given under this Act.",
"name": "Barring of appeals",
"related_acts": "",
"section_id": 12
},
{
"act_id": 119,
"details": "13. \tThe provisions of this Act shall not, so far as they are inconsistent with the provisions of the 7Waqf Ordinance, 1962, apply to any waqf property in 8Bangladesh.",
"name": "13.\tAct not to apply to waqf property in Bangladesh",
"related_acts": "",
"section_id": 13
}
],
"text": "An Act to provide more effectual control over the administration of Charitable and Religious Trusts. WHEREAS it is expedient to provide facilities for the obtaining of information regarding trusts created for public purposes of a charitable or religious nature, and to enable the trustees of such trusts to obtain the directions of a Court on certain matters, and to make special provision for the payment of the expenditure incurred in certain suits against the trustees of such trusts; It is hereby enacted as follows:-"
} |
{
"id": 120,
"lower_text": [
"1 The word \"Bangladesh\" was substituted, for the word \"Pakistan\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The words \"Penal Code\" were substituted, for the words \"Pakistan Penal Code\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The word \"Government\" was substituted, for the words \"Provincial Government\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Identification of Prisoners Act, 1920",
"num_of_sections": 9,
"published_date": "9th September, 1920",
"related_act": [
120,
75,
430
],
"repelled": false,
"sections": [
{
"act_id": 120,
"details": "1.(1) This Act may be called the Identification of Prisoners Act, 1920; and (2) \tIt extends to the whole of 1Bangladesh.",
"name": "Short title and extent",
"related_acts": "120",
"section_id": 1
},
{
"act_id": 120,
"details": "2.\tIn this Act, unless there is anything repugnant in the subject or context,- (a) \t\"measurements\" include finger impressions and foot-print impressions.; (b) \t\"police officer\" means an officer in charge of a police-station, a police officer making an investigation under Chapter XIV of the Code of Criminal Procedure, 1898, or any other police officer not below the rank of sub-inspector; and (c) \t\"prescribed\" means prescribed by rules made under this Act.",
"name": "Definitions",
"related_acts": "75",
"section_id": 2
},
{
"act_id": 120,
"details": "3. \tEvery person who has been- (a) \tconvicted of any offence punishable with rigorous imprisonment for a term of one year or upwards, or of any offence which would render him liable to enhanced punishment on a subsequent conviction, or (b) \tordered to give security for his good behaviour under section 118 of the Code of Criminal Procedure, 1898, shall, if so required, allow his measurements and photograph to be taken by a police officer in the prescribed manner.",
"name": "Taking of measurements, etc., of convicted persons",
"related_acts": "75",
"section_id": 3
},
{
"act_id": 120,
"details": "4. \tAny person who has been arrested in connection with an offence punishable with rigorous imprisonment for a term of one year or upwards shall, if so required by a police officer, allow his measurements to be taken in the prescribed manner.",
"name": "Taking of measurements, etc., of non-convicted persons",
"related_acts": "",
"section_id": 4
},
{
"act_id": 120,
"details": "5.\tIf a Magistrate is satisfied that, for the purposes of any investigation or proceeding under the Code of Criminal Procedure, 1898, it is expedient to direct any person to allow his measurements or photograph to be taken, he may make an order to that effect, and in that case the person to whom the order relates shall be produced or shall attend at the time and place specified in the order and shall allow his measurements or photograph to be taken, as the case may be, by a police officer: Provided that no order shall be made directing any person to be photographed except by a Magistrate of the first class: Provided, further, that no order shall be made under this section unless the person has at some time been arrested in connection with such investigation of proceeding.",
"name": "Power of Magistrate to order a person to be measured or photographed",
"related_acts": "75",
"section_id": 5
},
{
"act_id": 120,
"details": "6.(1) If any person who under this Act is required to allow his measurements or photograph to be taken resists or refuses to allow the taking of the same, it shall be lawful to use all means necessary to secure the taking thereof. (2) Resistance to or refusal to allow the taking of measurements or photographs under this Act shall be deemed to be an offence under section 186 of the 2Penal Code.",
"name": "Resistance to the taking of measurements, etc.",
"related_acts": "",
"section_id": 6
},
{
"act_id": 120,
"details": "7. \tWhere any person who, not having been previously convicted of an offence punishable with rigorous imprisonment for a term of one year or upwards, has had his measurements taken or has been photographed in accordance with the provisions of this Act is released without trial or discharged or acquitted by any Court, all measurements and all photographs (both negatives and copies) so taken shall, unless the Court or (in a case where such person is released without trial) the District Magistrate or Sub-Divisional Officer for reasons to be recorded in writing otherwise directs, be destroyed or made over to him.",
"name": "Destruction of photographs and records of measurements, etc., on acquittal",
"related_acts": "",
"section_id": 7
},
{
"act_id": 120,
"details": "8.(1) The 3Government may make rules for the purpose of carrying into effect the provisions of this Act. (2) \tIn particular and without prejudice to the generality of the foregoing provisions, such rules may provide for- (a) \trestrictions on the taking of photographs of persons under section 5; (b) \tthe places at which measurements and photographs may be taken; (c) \tthe nature of the measurements that may be taken; (d) the method in which any class or classes of measurements shall be taken; (e) \tthe dress to be worn by a person when being photographed under section 3; and (f) \tthe preservation, safe custody, destruction and disposal of records of measurements and photographs.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 8
},
{
"act_id": 120,
"details": "9. \tNo suit or other proceeding shall lie against any person for anything done, or intended to be done, in good faith under this Act or under any rule made thereunder.",
"name": "Bar of suits",
"related_acts": "",
"section_id": 9
}
],
"text": "An Act to authorize the taking of measurements and photographs of convicts and others. WHEREAS it is expedient to authorize the taking of measurements and photographs of convicts and others; It is hereby enacted as follows:-"
} |
{
"id": 121,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the words \"Bangladesh\" and \"Government\" were substituted, for the words \"Pakistan\" and \"Central Government\" respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Passport Act, 1920",
"num_of_sections": 6,
"published_date": "9th September, 1920",
"related_act": [
121,
75,
430
],
"repelled": false,
"sections": [
{
"act_id": 121,
"details": "1.(1) This Act may be called the Passport Act, 1920. (2) \tIt extends to the whole of Bangladesh.",
"name": "Short title and extent",
"related_acts": "121",
"section_id": 1
},
{
"act_id": 121,
"details": "2. \tIn this Act, unless there is anything repugnant in the subject or context,- \"entry\" means entry by water, land or air; \"passport\" means a passport for the time being in force issued or renewed by the prescribed authority and satisfying the conditions prescribed relating to the class of passports to which it belongs; and \"prescribed\" means prescribed by rules made under this Act.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 121,
"details": "3.(1) The Government may make rules requiring that persons entering Bangladesh shall be in possession of passports, and for all matters ancillary or incidental to that purpose. (2) Without prejudice to the generality of the foregoing power such rules may- (a) \tprohibit the entry into Bangladesh or any part thereof of any person who has not in his possession a passport issued to him; (b) \tprescribe the authorities by whom passports must have been issued or renewed , and the conditions with which they must comply, for the purposes of this Act; and (c) \tprovide for the exemption, either absolutely or on any condition, of any person or class of persons from any provision of such rules. (3) \tRules made under this section may provide that any contravention thereof or of any order issued under the authority of any such rule shall be punishable with imprisonment for a term which may extend to three months, or with fine or with both. (4) \tAll rules made under this section shall be published in the official Gazette, and shall thereupon have effect as if enacted in this Act.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 3
},
{
"act_id": 121,
"details": "4.(1) Any officer of police, not below the rank of a sub-inspector, and any officer of the Customs Department empowered by a general or special order of the Government in this behalf may arrest without warrant any person who has contravened or against whom a reasonable suspicion exists that he has contravened any rule or order made under section 3. (2) \tEvery officer making an arrest under this section shall, without unnecessary delay, take or send the person arrested before a Magistrate having jurisdiction in the case or to the officer in charge of the nearest police-station and the provisions of section 61 of the Code of Criminal Procedure, 1898, shall, so far as may be, apply in the case of any such arrest.",
"name": "Power of arrest",
"related_acts": "75",
"section_id": 4
},
{
"act_id": 121,
"details": "5. \tThe Government may, by general or special order, direct the removal of any person from Bangladesh who, in contravention of any rule made under section 3 prohibiting entry into Bangladesh without passport, has entered therein, and thereupon any officer of the Government shall have all reasonable powers necessary to enforce such direction.",
"name": "Power of removal",
"related_acts": "",
"section_id": 5
},
{
"act_id": 121,
"details": "6.\tOmitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 6
}
],
"text": "1♣An Act to take power to require passports of persons entering Bangladesh. WHEREAS it is expedient to take power to require passports of persons entering Bangladesh; It is hereby enacted as follows:-"
} |
{
"id": 122,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the words \"Bangladesh\", \"Government\" and \"the High Court Division\" were substituted, for the words \"Pakistan\", \"Central Government\" and \"a High Court\" or \"the High Court\" respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Maintenance Orders Enforcement Act, 1921",
"num_of_sections": 12,
"published_date": "5th October, 1921",
"related_act": [
122,
430
],
"repelled": false,
"sections": [
{
"act_id": 122,
"details": "1.(1) This Act may be called the Maintenance Orders Enforcement Act, 1921. (2) \tIt extends to the whole of Bangladesh.",
"name": "Short title and extent",
"related_acts": "122",
"section_id": 1
},
{
"act_id": 122,
"details": "2. \tIn this Act unless there is anything repugnant in the subject or context,- \"Court of summary jurisdiction\" means the Court of a District Magistrate; \"dependants\" means such persons as a person against whom a maintenance order is made is liable to maintain according to the law in force in the country in which the maintenance order is made; \"maintenance order\" means a decree or order, other than an order of affiliation, made by a Court in the exercise of civil or criminal jurisdiction for the periodical payment of sums of money towards the maintenance of the wife or other dependants of the person against whom the order is made; \"prescribed\" means prescribed by rules made under this Act; \"proper authority\" means the authority appointed by, or under the law of, a reciprocating territory to receive and transmit documents to which this Act applies; and \"reciprocating territory\" means any country in respect of which this Act for the time being applies.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 122,
"details": "3. \tIf the Government is satisfied that provisions have been made by the legislature of any country for the enforcement within that country of maintenance orders made by Courts in Bangladesh, the Government may, by notification in the official Gazette, declare that this Act applies in respect of that country and thereupon it shall apply accordingly.",
"name": "Reciprocal arrangements",
"related_acts": "",
"section_id": 3
},
{
"act_id": 122,
"details": "4.(1) Where a maintenance order has, whether before or after the passing of this Act, been made against any person by any Court in any reciprocating territory, and a certified copy of the order has been transmitted by the proper authority of that territory to the Government, the Government shall send a copy of the order to the prescribed officer of a Court in Bangladesh for registration, and, on receipt thereof, the order shall be registered in the prescribed manner. (2) The Court in which an order is to be so registered as aforesaid shall, if the Court by which the order was made was, in the opinion of the Government, a Court of superior jurisdiction, be the High Court Division, and, if the Court was not, in its opinion, a Court of superior jurisdiction, be a Court of summary jurisdiction.",
"name": "Registration of maintenance orders",
"related_acts": "",
"section_id": 4
},
{
"act_id": 122,
"details": "5. \tWhere a Court in Bangladesh has, whether before or after the commencement of this Act, made a maintenance order against any person, and it is proved to that Court that the person against whom the order was made is resident in a reciprocating territory, the Court shall send to the Government, for transmission to the proper authority of that territory, a certified copy of the order.",
"name": "Transmission of maintenance order made in Bangladesh",
"related_acts": "",
"section_id": 5
},
{
"act_id": 122,
"details": "6.(1) Where application is made to a Court of summary jurisdiction in Bangladesh for a maintenance order against any person, and it is proved that that person is resident in a reciprocating territory, the Court may, in the absence of that person, if after hearing the evidence it is satisfied of the justice of the application, make any such order as it might have made if that person had wilfully neglected to attend the Court; but in such case the order shall be provisional only and shall have no effect unless and until confirmed by a competent court in such territory. (2) \tThe evidence of every witness who is examined on any such application shall be reduced to writing, and such deposition shall be read over to, and signed by him. (3) \tWhere such an order is made, the court shall send to the Government, for transmission to the proper authority of the reciprocating territory in which the person against whom the order is made is alleged to reside, the depositions so taken and a certified copy of the order together with a statement of the grounds on which the making of the order might have been opposed if the person against whom the order is made had been duly served with a summons and had appeared at the hearing and such information as the Court possesses for facilitating the identification of that person and ascertaining his whereabouts. (4) \tWhere any such provisional order has come before a Court in a reciprocating territory for confirmation, and the order has by that court been remitted to the Court of summary jurisdiction which made the order for the purpose of taking further evidence, that Court shall, after giving the prescribed notice, proceed to take the evidence in like manner and subject to the like conditions as the evidence in support of the original application. (5) \tIf it appears to the Court hearing such evidence that the order ought not to have been made, the Court may rescind the order, but in any other case the depositions shall be sent to the Government and dealt with in like manner as the original depositions. (6) \tThe confirmation of an order made under this section shall not affect any power of a Court of summary jurisdiction to vary or rescind that order: Provided that, on the making of a varying or rescinding order, the Court shall send a certified copy thereof to the Government for transmission to the proper authority of the reciprocating territory in which the original order was confirmed, or to which it was sent for confirmation and that, in the case of an order varying the original order, the order shall not have any effect unless and until confirmed in like manner as the original order.",
"name": "Power of summary Courts to make provisional maintenance orders",
"related_acts": "",
"section_id": 6
},
{
"act_id": 122,
"details": "7.(1) Where a maintenance order has been made by a Court in a reciprocating territory and the order is provisional only, and has no effect unless and until confirmed by a Court of summary jurisdiction in Bangladesh, and a certified copy of the order, together with the depositions of the witnesses and a statement of the grounds on which the order might have been opposed, has been transmitted to the Government, and it appears to the Government that person against whom the order has been made is resident in Bangladesh the Government may send the said documents to the prescribed officer of a court of summary jurisdiction, with a requisition that a summons be issued calling upon the person to show cause why that order should not be confirmed, and, upon receipt of such documents and requisition, the Court shall issue such a summons and cause it to be served upon such person. (2) \tA summons issued under sub-section (1) shall for all purposes be deemed to be a summons issued by the Court in the exercise of its original criminal jurisdiction. (3) \tAt the hearing it shall be open to the person to whom the summons was issued to raise any defence which he might have raised in the original proceedings had he been a party thereto, but no other defence, and the certificate from the Court which made the provisional order stating the grounds on which the making of the order might have been opposed if the person against whom the order was made had been a party to the proceedings shall be conclusive evidence that those grounds are grounds on which objection may be taken. (4) \tIf at the hearing the person served with the summons does not appear or, on appearing, fails to satisfy the Court that the order ought not to be confirmed, the Court may, notwithstanding any pecuniary limit imposed on its power by any law for the time being in force in Bangladesh, confirm the order either without modification or with such modifications as to the Court after hearing the evidence may seem just: Provided that no sum shall be awarded as maintenance under this section, or shall be recoverable as such, at a rate exceeding that proposed in the provisional order. (5) \tIf the person to whom the summons was issued appears at the hearing and satisfies the Court that the purpose of any defence it is necessary to remit the case to the Court which made the provisional order for the taking of any further evidence, the Court may for that purpose send a certified copy of the record to the Government for transmission to the Court through the proper authority of the reciprocating territory, and may adjourn the proceedings. (6) \tWhere a provisional order has been confirmed under this section, it may be varied or rescinded in like manner as if it had originally been made by the confirming Court, and where on an application for rescission or variation the Court is satisfied that it is necessary to remit the case to the Court which made the provisional order for the purpose of taking any further evidence, the Court may for that purpose send a certified copy of the record to the Government for transmission to that Court through the proper authority of the reciprocating territory, and may adjourn the proceedings.",
"name": "Power of Court of summary jurisdiction to confirm maintenance order made out of Bangladesh",
"related_acts": "",
"section_id": 7
},
{
"act_id": 122,
"details": "8.(1) Subject to the provisions of this Act, where an order has been registered under this Act in the High Court Division, the order shall, from the date of such registration, be of the same force and effect, and all proceedings may be taken thereon as if it had been an order originally obtained in the High Court Division in the exercise of its civil jurisdiction, or in such Civil Court subordinate to the High Court Division as may be named by the High Court Division in this behalf, and that Court shall have power to enforce the order accordingly. (2) \tA Court of summary jurisdiction in which an order has been registered under this Act or by which an order has been confirmed under this Act, and the officers of such Court, shall have such powers and perform such duties, for the purpose of enforcing the order, as may be prescribed.",
"name": "Enforcement of maintenance orders",
"related_acts": "",
"section_id": 8
},
{
"act_id": 122,
"details": "9. \tA Court in registering or confirming an order for maintenance in accordance with the provisions of this Act shall direct that the charge for transmission to the Court, from which the order has been received or in which the provisional order has been made, as the case may be, of the sum awarded as maintenance shall be borne by the person against whom the order has been so made or confirmed, and shall be recovered from him in addition to the sum awarded as maintenance and in addition to, and in the same manner as, such other costs and charges as may be awarded or levied by the Court.",
"name": "Payment of charges for transmission of sums awarded as maintenance and other costs and charges",
"related_acts": "",
"section_id": 9
},
{
"act_id": 122,
"details": "10. \tFor the purposes of this Act, any document purporting to be signed by a judge or officer of a Court outside Bangladesh shall, until the contrary is proved, be deemed to have been so signed without proof of the signature of judicial or official character of the person appearing to have signed it, and the officer of a Court by whom a document is signed shall, until the contrary is proved, be deemed to have been the proper officer of the Court to sign the document.",
"name": "Proof of documents signed by officers of Court",
"related_acts": "",
"section_id": 10
},
{
"act_id": 122,
"details": "11. \tDepositions taken in a Court in any reciprocating territory may, for the purposes of this Act, be received in evidence in proceedings before Courts of summary jurisdiction under this Act.",
"name": "Depositions to be evidence",
"related_acts": "",
"section_id": 11
},
{
"act_id": 122,
"details": "12. \tThe Government may make rules for the purpose of carrying into effect the purposes of this Act, and in particular may make rules for the levy of the costs or charges for anything done under this Act and for all matters which are directed or permitted to be prescribed.",
"name": "Rule making power",
"related_acts": "",
"section_id": 12
}
],
"text": "1♣An Act to facilitate the enforcement in Bangladesh of Maintenance Orders made in other Countries and vice versa. WHEREAS it is expedient to facilitate the enforcement in Bangladesh of Maintenance Orders made in Other Countries and vice versa; It is hereby enacted as follows:-"
} |
{
"id": 123,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the words \"Bangladesh\", \"Government\" and \"Taka\" were substituted, for the words \"East Pakistan\", \"Provincial Government\" and \"rupees\" or \"Re\" or \"Rs.\" respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The word \"Bengal\" was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 Clauses (a) and (b) were omitted by the Schedule of the East Pakistan Repealing and Amending Ordinance, 1962 (Ordinance No. XIII of 1962)",
"4 The word \"Bengal\" was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"5 The word \"Bengal\" was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"6 The word \"Bengal\" was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Amusements Tax Act, 1922",
"num_of_sections": 12,
"published_date": "29th March, 1922",
"related_act": [
584,
16,
123,
430
],
"repelled": false,
"sections": [
{
"act_id": 123,
"details": "1.(1) This Act may be called the 2* * * Amusements Tax Act, 1922. (2)\tIt extends to the whole of Bangladesh. (3) \tIt shall come into force on the first day of April, 1922, in- 3* * * (c) \tthe Municipality of Dhaka. (4) \tThe Government may, by notification in the official Gazette, bring this Act or any portion thereof into force in such other areas in Bangladesh at such time as shall be specified in such notification.",
"name": "Short title, extent and commencement",
"related_acts": "123",
"section_id": 1
},
{
"act_id": 123,
"details": "Repealed by section 3 of the Finance Act, 1979 (Act No. V of 1979).",
"name": "Repealed",
"related_acts": "584",
"section_id": 2
},
{
"act_id": 123,
"details": "14. \tIn this chapter- (1) \t\"backer\" includes any person with whom a licensed bookmaker bets; (2) \t\"bet\" includes \"wager\" and \"betting\" includes wagering; (3) \t\"licensed bookmaker\" means any person who carries on the business or vocation of or acts as a bookmaker or turf commission agent under a license or permit issued by any racing club or by the stewards thereof to enable him to carry on his business or vocation under the provisions of the 4* * * Public Gambling Act, 1867, as amended from time to time, as specified in the license or permit; (4) \t\"prescribed\" means prescribed by this Chapter or by the rules made thereunder; (5) \t\"racing club\" includes a club, association, society or body of persons corporate or incorporate- (a) \tformed for the purpose of promoting horse-racing or pony-racing or for holding race-meetings; or (b) \tconducting or controlling such meetings; (6) \t\"totalisator\" means a totalisator, in an enclosure which the stewards controlling a race-meeting have set apart in accordance with the 5* * * Public Gambling Act, 1867, as amended from time to time, and includes any instrument, machine, or contrivance known as the totalisator, or any other instrument, machine or contrivance of a like nature or any scheme for enabling any number of persons to make bets with one another on the like principles.",
"name": "Definitions",
"related_acts": "16,16",
"section_id": 3
},
{
"act_id": 123,
"details": "15. There shall be charged, levied and paid to the Government out of all monies paid into any totalisator by way of stakes or bets, a tax on backers hereinafter referred to as the totalisator tax, amounting to twenty per cent. of every sum so paid; and twenty per cent. of every sum so paid into a totalisator shall be deemed to have been paid by the backer on account of the totalisator tax, and shall be received by the stewards of the race-meeting on behalf of the Government.",
"name": "Tax on totalisators and payment thereof",
"related_acts": "",
"section_id": 4
},
{
"act_id": 123,
"details": "16. \tThe stewards of a race-meeting shall, at such times and in such manner as may be prescribed, forward to the prescribed officer a return stating the total amount of the monies paid into the totalisator at the meeting, and shall at the prescribed time make over to the prescribed officer the amount of the tax for that meeting.",
"name": "Procedure for making over totalisator tax to Government",
"related_acts": "",
"section_id": 5
},
{
"act_id": 123,
"details": "17.(1) The stewards of a race-meeting shall keep accounts in the prescribed form of all monies paid into the toalisator at the meeting. (2) \tEvery person having the custody or control of any such accounts shall, when required in writing by an officer empowered in this behalf, by the Government, permit such officer, or an officer authorized in writing him in this behalf, to inspect and take copies of them.",
"name": "Accounts of totalisator tax",
"related_acts": "",
"section_id": 6
},
{
"act_id": 123,
"details": "18.(1) There shall be charged, levied and paid to the Government out of all monies paid or agreed to be paid by a licensed bookmaker to a backer in consequence of the winning by the backer of a bet made in an enclosure set apart under the provisions of the 6* * * Public Gambling Act, 1867, as amended from time to time, on any race, a tax on backer hereinafter referred to as the betting tax, amounting to twenty per cent. of all such monies. (2) \tThe betting tax shall be deducted or collected by the licensed bookmaker from such monies at the time when the money is paid to the backer, or in the case of credit bets at such time as may be prescribed, and shall be deemed to have been paid by the backer on account of the tax, and shall be retained by the licensed bookmaker on behalf of the Government.",
"name": "Betting tax",
"related_acts": "16",
"section_id": 7
},
{
"act_id": 123,
"details": "19. \tAll sums retained on account of the betting tax shall be made over by the licensed bookmaker, by whom they have been retained, to the prescribed officer at such times and in such manner as may be prescribed.",
"name": "Procedure for making over betting tax to Government",
"related_acts": "",
"section_id": 8
},
{
"act_id": 123,
"details": "20.(1) The stewards of a race-meeting shall, at such times and in such manner as may be prescribed, forward to the prescribed officer returns setting out the names of the bookmakers licensed or permitted by them to carry on the business or vocation of a bookmaker at that meeting. (2) \tAll licensed bookmakers shall keep accounts of all sums paid or agreed to be paid by them to backers in satisfaction of bets, in such manner as may be prescribed, and shall, when required in writing by an officer empowered in this behalf by the Government, permit such officer, or an officer authorized in writing by him in this behalf, to inspect and take copies of such accounts.",
"name": "Accounts of betting tax",
"related_acts": "",
"section_id": 9
},
{
"act_id": 123,
"details": "21.(1) The totalisator tax payable under section 15 shall be recoverable as a public demand from the racing club conducting the meeting, and any portion of such tax which is not so recovered shall also be recoverable as a public demand from the stewards of the race-meeting jointly and severally. (2) \tAll monies which a licensed bookmaker is liable to make over to the prescribed officer under section 19 shall be recoverable from the licensed bookmaker as a public demand.",
"name": "Methods of recovery of totalisator tax and betting tax",
"related_acts": "",
"section_id": 10
},
{
"act_id": 123,
"details": "22. The Government may make rules for securing the payment of the totalisator tax and the betting tax, the production and inspection of accounts kept under this chapter and generally for carrying into effect the provisions of this Chapter, and for dealing with such matters as are therein directed to be prescribed.",
"name": "Rules",
"related_acts": "",
"section_id": 11
},
{
"act_id": 123,
"details": "23.\tOmitted by 1st Schedule of the East Pakistan Repealing and Amending Ordinance, 1962 (Ordinance No. XIII of 1962).",
"name": "Omitted",
"related_acts": "",
"section_id": 12
}
],
"text": "1♣An Act to make an addition to the public revenue of Bangladesh and for that purpose to impose a tax on entertainments and other amusements and on certain forms of betting. Preamble WHEREAS it is necessary to make an addition to the public revenue of Bangladesh and for the purpose to impose a tax on entertainments and other amusements and on certain forms of betting; It is hereby enacted as follows:-"
} |
{
"id": 124,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the word \"Bangladesh\" was substituted, for the word \"Pakistan\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The words \"Bangladesh or part thereof\" were substituted, for the words \"any Province or part of a Province\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The word \"Government\" was substituted, for the words \"Provincial Government\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"4 The word \"Taka\" was substituted, for the word \"rupees\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Police (Incitement to Disaffection) Act, 1922",
"num_of_sections": 6,
"published_date": "5th October, 1922",
"related_act": [
75,
124,
430
],
"repelled": false,
"sections": [
{
"act_id": 124,
"details": "1.(1) This Act may be called the Police (Incitement to Disaffection) Act, 1922. (2) \tIt extends to the whole of Bangladesh. (3) \tIt shall come into force in 2Bangladesh or part thereof on such date as the 3Government may, by notification in the official Gazette, direct.",
"name": "Short title, extent and commencement",
"related_acts": "124",
"section_id": 1
},
{
"act_id": 124,
"details": "2. \tIn this Act, the expression \"member of a police-force\" means any person appointed or enrolled for the performance of police duties under any enactment specified in the Schedule.",
"name": "Definition",
"related_acts": "",
"section_id": 2
},
{
"act_id": 124,
"details": "3. Whoever intentionally causes or attempts to cause, or does any act which he knows is likely to cause, disaffection towards Bangladesh or the Government established by law in Bangladesh amongst the members of a police-force, or induces or attempts to induce, or does any act which he knows is likely to induce, any member of a police-force to withhold his services or to commit a breach of discipline shall be punished with imprisonment which may extend to six months, or with fine which may extend to two hundred 4Taka, or with both. Explanation- Expressions of disapprobation of the measures of the Government with a view to obtain their alteration by lawful means, or of disapprobation of the administrative or other action of the Government, do not constitute an offence under this section unless they cause or are made for the purpose of causing or are likely to cause disaffection.",
"name": "Penalty for causing disaffection, etc",
"related_acts": "",
"section_id": 3
},
{
"act_id": 124,
"details": "4.\tNothing shall be deemed to be an offence under this Act which is done in good faith- (a) \tfor the purpose of promoting the welfare or interests of any member of a police-force by inducing him to withhold his services in any manner authorized by law; or (b) \tby or on behalf of any association formed for the purpose of furthering the interests of members of a police-force as such, where the association has been authorized or recognized by the Government and the act done is done under any rules or articles of the association which have been approved by the Government.",
"name": "Saving of acts done by police associations and other persons for certain purposes",
"related_acts": "",
"section_id": 4
},
{
"act_id": 124,
"details": "5. \tNo Court shall proceed to the trial of any offence under this Act except with the previous sanction, or on the complaint, of the District Magistrate.",
"name": "Sanction to trial of offences by subordinate Courts",
"related_acts": "",
"section_id": 5
},
{
"act_id": 124,
"details": "6.(1) No Court inferior to that of a Magistrate of the first class shall try any offence under this Act. (2) \tNotwithstanding anything contained in Chapter XXII of the Code of Criminal Procedure, 1898, no offence under this Act shall be triable summarily.",
"name": "Trial of cases",
"related_acts": "75",
"section_id": 6
}
],
"text": "1♣An Act to provide a penalty for spreading of disaffection among the police and for kindred offences. WHEREAS it is expedient to penalize the spreading of disaffection among the police and other kindred offences; It is hereby enacted as follows:-"
} |
{
"id": 125,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the words \"Bangladesh\", \"Government\" and \"Taka\" were substituted, for the words \"Pakistan\", \"Provincial Government\" and \"rupees\" respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The word \"Bangladesh\" was substituted, for the words \"the Province\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The commas, words, brackets and figures \", or returned with a like intimation from a railway station specified in a notification under sub-section (3) of section 4,\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"4 The words \"any rule made under\" were substituted, for the words \"rule under\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"5 The word \"Parliament\" was substituted, for the words \"the Legislative Assembly of the Province\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"6 The words \"of Parliament\" were substituted, for the words \"of that Assembly\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Cotton Transport Act, 1923",
"num_of_sections": 9,
"published_date": "23rd February, 1923",
"related_act": [
24,
65,
125,
430
],
"repelled": false,
"sections": [
{
"act_id": 125,
"details": "1.(1) This Act may be called the Cotton Transport Act, 1923. (2) \tIt extends to the whole of Bangladesh.",
"name": "Short title and extent",
"related_acts": "125",
"section_id": 1
},
{
"act_id": 125,
"details": "2. \tIn this Act, unless there is anything repugnant in the subject or context,- (a)\t\"certified copy\", in relation to a licence, means a copy of the licence certified in the manner described in section 76 of the Evidence Act, 1872, by the authority by which the licence was granted; (b) \t\"cotton\" means every kind of unmanufactured cotton, that is to say, ginned and unginned cotton, cotton waste and cotton seed; (c)\t\"cotton waste\" means droppings, strippings, fly and other waste products of a cotton-mill other than yarn waste; (d) \t\"licence\" means a licence granted under this Act; (e) \t\"notified station\" means a railway station specified in a notification under section 3; (f)\t\"prescribed\" means prescribed by rules made under this Act; and (g)\t\"protected area\" means an area into which the import of cotton or of any kind of cotton has been prohibited wholly or partly by a notification under section 3.",
"name": "Definitions",
"related_acts": "24",
"section_id": 2
},
{
"act_id": 125,
"details": "3.(1) The Government may, for the purpose of maintaining the quality or reputation of the cotton grown in any area in 2Bangladesh, by notification in the official Gazette, prohibit the import of cotton or of any specified kind of cotton into that area by rail, road, river and sea, or by any one or more of such routes save under, and in accordance with the conditions of, a licence: Provided that no such notification shall be deemed to prohibit the import into any protected area of packages containing any kind of cotton and not exceeding ten pounds avoirdupois weight. (2) \tAny such notification may prohibit the delivery to, and the taking of delivery by, any person, at any specified railway station situated in the protected area, of any cotton, the import of which by rail into that area is prohibited when such cotton has been consigned from a railway station not situated in that area, unless such person holds a licence for the import by rail of the cotton into that area.",
"name": "Power to issue notification prohibiting import of cotton into protected area",
"related_acts": "",
"section_id": 3
},
{
"act_id": 125,
"details": "4.(1) Notwithstanding anything contained in the Railways Act, 1890, or any other law for the time being in force, the station master of any railway station or any other railway servant responsible for the booking of goods or parcels at that station may refuse to receive for carriage at or to forward or allow to be carried on the railway from, that station any cotton consigned to a notified station, being cotton of a kind of which the delivery at such notified station has been prohibited unless both stations are in the same protected area, or unless the consignor, produces a certified copy of a licence for the import of the cotton by rail into the protected area in which such notified station is situated. (2) Every certified copy of a licence when so produced shall be attached to the invoice or way-bill, as the case may be, and shall accompany the consignment to its destination, and shall there be dealt with in the prescribed manner. (3)\tOmitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Refusal to carry unlicensed cotton",
"related_acts": "65,430",
"section_id": 4
},
{
"act_id": 125,
"details": "5.(1) Where any cotton, the import of which by rail into any protected area has been prohibited, has been consigned to and arrives at a notified station in any such protected area, the station master or other railway servant responsible for the receipt and delivery to the consignee of goods or parcels, as the case may be, at that station shall, unless both the notified station and the railway station from which the cotton has been consigned are situated in the same protected area, refuse to deliver the cotton until he is satisfied that the consignee holds a licence for the import of the cotton by rail into the protected area in which such notified station is situated; and, if he is not so satisfied, or if within fourteen days the consignee or some person acting on his behalf does not appear in order to take delivery, shall return the cotton to the railway station from which it was consigned, together with an intimation that delivery of the cotton has been refused or has not been taken, as the case may be. (2) Any station master or other railway servant receiving any cotton returned under sub-section (1) 3* * * shall cause to be served on the consignor in any manner authorised by section 141 of the Railways Act, 1890, a notice stating that the cotton has been so returned and requiring the consignor to pay any rate, terminal or other charges due in respect of the carriage of the cotton to and from the railway station to which it was consigned, and such charges shall be deemed to be due from the consignor for all the purposes of section 55 of that Act.",
"name": "Procedure where cotton arrives at notified station",
"related_acts": "65",
"section_id": 5
},
{
"act_id": 125,
"details": "6. \tAny person who, in contravention of the provisions of this Act or of any notification or rule made hereunder, knowingly takes delivery of any cotton from a notified station or imports, or attempts to import, any cotton into a protected area, and any station master or other railway servant who, in contravention of the provisions of sub-section (1) of section 5, without reasonable excuse, the burden of proving which shall lie upon him, delivers any cotton to a consignee or other person, shall be liable to a fine not exceeding one thousand taka, and upon any subsequent conviction to imprisonment which may extend to three months, or to fine which may extend to five thousand taka or to both.",
"name": "Penalties",
"related_acts": "",
"section_id": 6
},
{
"act_id": 125,
"details": "7.(1) The Government may, be notification in the official Gazette, make rules to provide for any of the following matters, namely:- (a) \tthe prevention of the import into a protected area by road, river or sea, save under and in accordance with the conditions of a licence, of cotton the import of which into that area has been prohibited wholly or partly by a notification under section 3; (b) \tthe terms and conditions to be contained in licences and the authorities by which they may be granted; and (c) \tthe manner in which licences and certified copies thereof shall be dealt with on and after the delivery of the cotton to which they relate. (2) \tAny such rules may provide that any contravention thereof or of the conditions of any licence, not otherwise made punishable by this Act, shall be punishable with fine which may extend to five hundred taka.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 7
},
{
"act_id": 125,
"details": "8. \tNo notification under section 3 or 4any rule made under section 7 shall be issued by the Government, unless it has been laid in draft before 5Parliament, and has been approved by Resolution 6of Parliament, either with for without modification or addition, but upon such approval being given the notification or rule, as the case may be may be issued in the form in which it has been so approved.",
"name": "Previous approval of Parliament to issue of notifications and rules",
"related_acts": "",
"section_id": 8
},
{
"act_id": 125,
"details": "9. No suit or other legal proceeding shall be instituted against any person in respect of anything which is in good faith done or intended to be done under this Act.",
"name": "Protection for acts done under Act",
"related_acts": "",
"section_id": 9
}
],
"text": "1♣An Act to provide for the restriction and control of the transport of cotton in certain circumstances. WHEREAS it is expedient for the purpose of maintaining the quality and reputation of the cotton grown in certain areas in Bangladesh to enable the restriction and control of the transport by rail and the import of cotton into those areas; It is here by enacted as follows:-"
} |
{
"id": 126,
"lower_text": [
"1 Clause (aa) was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The words \"eighteenth year\" were substituted, for the words \"fifteenth year\" by section 2 of the Mines (Amendment) Act, 2005 (Act No. IV of 2005)",
"3 Clause (cc) was inserted by the Indian Mines (Amendment) Act, 1935 (Act No. V of 1935)",
"4 Clause (i) was substituted, for the original clause (i) by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"5 Clause (jj) was inserted by section 2 of the Indian Mines (Amendment) Act, 1935 (Act No. V of 1935)",
"6 The words and commas \"or for the Province, as the case may be,\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"7 The words \"Penal Code\" were substituted, for the words \"Pakistan Penal Code\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"8 The word \"Republic\" was substituted, for the word \"State\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"9 The words and commas \"or, as the case may be, of the Province,\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"10 The word \"Republic\" was substituted, for the word \"State\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"11 The word \"miner\" was substituted, for the word \"minor\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"12 The words \"Penal Code\" were substituted, for the words \"Pakistan Penal Code\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"13 Sub-section (1A) was inserted by section 2 of the Indian Mines (Amendment) Act, 1936 (Act No. XI of 1936)",
"14 The words \"Penal Code\" were substituted, for the words \"Pakistan Penal Code\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"15 Sections 22A to 22D were inserted by section 6 of the Indian Mines (Amendment) Act, 1935 (Act No. V of 1935)",
"16 Section 23C was inserted by section 2 of the Mines (Amendment) Act, 1951 (Act No. XXIX of 1951)",
"17 Section 23B was inserted by section 3 of the Indian Mines (Amendment) Act, 1928 (Act No. XIII of 1928)",
"18 Section 26A was inserted by section 12 of the Mines (Amendment) Act, 1951 (Act No. XXIX of 1951)",
"19 The words \"eighteenth year\" were substituted, for the words \"seventeenth year\" by sections 3 and 4 of the Mines (Amendment) Act, 2005 (Act No. IV of 2005)",
"20 Section 26B was inserted by section 4 of the Mines (Amendment) Act, 1951 (Act No. XXIX of 1951)",
"21 The words \"eighteenth year\" were substituted, for the words \"seventeenth year\" by sections 3 and 4 of the Mines (Amendment) Act, 2005 (Act No. IV of 2005)",
"22 The words \"eighteenth year\" were substituted, for the words \"seventeenth year\" by section 5 of the Mines (Amendment) Act, 2005 (Act No. IV of 2005)",
"23 Clause (kk) was inserted by section 4 of the Indian Mines (Amendment) Act, 1940 (Act No. XXIV of 1940)",
"24 Section 30A was inserted by section 5 of the Indian Mines (Amendment) Act, 1936 (Act No. XI of 1936)",
"25 The words \"three poisha\" were substituted, for the words \"six pies\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"26 Clause (aa) was inserted by section 15 of the Indian Mines (Amendment) Act, 1935 (Act No. V of 1935)",
"27 Clause (bb) was inserted by section 2 of the Indian Mines (Amendment) Ordinance, 1945 (Ordinance No. XVII of 1945)",
"28 Clause (bbb) was inserted by section 2 of the Indian Mines (Amendment) Act, 1946 (Act No. II of 1946)",
"29 Clause (cc) was inserted by section 6 of the Indian Mines (Amendment) Act, 1928 (Act No. XIII of 1928)",
"30 Clauses (ccc) and (cccc) were inserted by section 6 of the Indian Mines (Amendment) Act, 1951 (Act No. XXIX of 1951)",
"31 Clause (ee) was inserted by section 15 of the Indian Mines (Amendment) Act, 1935 (Act No. V of 1935)",
"32 The words, comma and figure \"or railway company as defined in the Railways Act, 1890\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"33 Section 31A was inserted by section 6 of the Indian Mines (Amendment) Act, 1936 (Act No. XI of 1936)",
"34 Sub-section (3A) was inserted by section 7 of the Indian Mines (Amendment) Act, 1928 (Act No. XIII of 1928)",
"35 The word \"Bengali\" was substituted, for the words \"such vernacular or vernaculars as may be prescribed\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"36 The word \"Bengali\" was substituted, for the words \"such vernacular or vernaculars as may be prescribed\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Mines Act, 1923",
"num_of_sections": 61,
"published_date": "23rd February, 1923",
"related_act": [
65,
73,
75,
430,
52,
86,
126
],
"repelled": false,
"sections": [
{
"act_id": 126,
"details": "1.(1) This Act may be called the Mines Act, 1923. (2) \tIt extends to the whole of Bangladesh. (3)\tIt shall come into force on the first day of July, 1924.",
"name": "Short title, extent and commencement",
"related_acts": "126",
"section_id": 1
},
{
"act_id": 126,
"details": "2.\tOmitted by the Government of India (Adaptation of Indian Laws) Order, 1937.",
"name": "Omitted",
"related_acts": "",
"section_id": 2
},
{
"act_id": 126,
"details": "3. \tIn this Act, unless there is anything repugnant in the subject or context,- (a) \t\"agent\", when used in relation to a mine, means any person appointed or acting as the representative of the owner in respect of the management of the mine or of any part thereof, and as such superior to a manager under this Act; 1* * *; (b) \t\"Chief Inspector\" means the Chief Inspector of Mines appointed under this Act; (c) \t\"child\" means a person who has not completed his 2eighteenth year; 3(cc) \t\"day\" means a period of twenty-four hours beginning at midnight; (d) \ta person is said to be \"employed\" in a mine who works under appointment by or with the knowledge of the manager, whether for wages or not, in any mining operation, or in cleaning or oiling any part of any machinery used in or about the mine, or in any other kind of work whatsoever incidental to, or connected with, mining operations; (e) \t\"Inspector\" means an Inspector of Mines appointed under this Act, and includes a District Magistrate when exercising any power or performing any duty of an Inspector which he is empowered by this Act to exercise or perform; (f) \t\"mine\" means any excavation where any operation for the purpose of searching for or obtaining minerals has been or is being carried on, and includes all works, machinery, tramways and sidings, whether above or below ground, in or adjacent to or belonging to a mine: Provided that it shall not include any part of such premises on which a manufacturing process is being carried on unless such process is a process for coke making or the dressing of minerals; (g) \t\"owner\", when used in relation to a mine means any person who is the immediate proprietor or lessee or occupier of the mine or of any part thereof, but does not include a person who merely receives a royalty, rent or fine from the mine or is merely the proprietor of the mine subject to any lease, grant or license for the working thereof, or is merely the owner of the soil and not interested in the minerals of the mine; but any contractor for the working of a mine or any part thereof shall be subject to this Act in like manner as if he were an owner, but not so as to exempt the owner from any liability; (h) \t\"prescribed\" means prescribed by regulations, rules or bye-laws; 4(i) \t\"qualified medical practitioner\" means any person registered under the Medical Council Act, 1973, and includes any person declared by the Government by notification in the official Gazette to be a qualified medical practitioner for the purposes of this Act; (j) \t\"regulations\" \"rules\" and \"bye-laws\" means respectively regulations, rules and bye-laws made under this Act; 5(jj) \twhere work of the same kind is carried out by two or more sets workers working during different periods of the day, each of such sets is called a 'relay'; (k) \t\"serious bodily injury\" means any injury which involves, or in all probability will involve, the permanent loss of the use of, or permanent injury to, any limb, or the permanent loss of or injury to the sight or hearing, or the fracture of any limb or the enforced absence of the injured person from work for a period exceeding twenty days; and (l) \t\"week\" means the period between midnight on Saturday night and midnight on the succeeding Saturday night.",
"name": "Definitions",
"related_acts": "",
"section_id": 3
},
{
"act_id": 126,
"details": "4.(1) The Government may, by notification in the official Gazette, appoint a duly qualified person to be Chief Inspector of Mines for the whole of Bangladesh 6* * * and duly qualified persons to be Inspectors of Mines subordinate to Chief Inspector. (2)\tNo person shall be appointed to be Chief Inspector or an Inspector, or, having been appointed shall continue to hold such officer who is or becomes directly or indirectly interested in any mine or mining rights in Bangladesh. (3) \tThe District Magistrate may exercise the powers and perform the duties of Inspector subject to the general or special orders of the Government: Provided that nothing in this sub-section shall be deemed to empower a District Magistrate to exercise any of the powers conferred by section 19 or section 32. (4) \tThe Chief Inspector and every Inspector shall be deemed to be a public servant within the meaning of the 7Penal Code.",
"name": "Chief Inspector and Inspectors",
"related_acts": "",
"section_id": 4
},
{
"act_id": 126,
"details": "5.(1) The Chief Inspector may, by order in writing, prohibit or restrict the exercise by any Inspector named, or any class of Inspectors specified, in the order of any power conferred on Inspectors by this Act, and shall, subject as aforesaid, declare the local area or areas within which, or the group or class of mines with respect to which, Inspectors shall exercise their respective powers. (2) \tThe Inspector shall give information to owners, agents and managers of miners, situate within the local area or areas or belonging to the group or class of mines, in respect of which he exercises powers under sub-section (1) as to all regulations and rules which concern them respectively and as to the places where copies of such regulations and rules may be obtained.",
"name": "Functions of Inspectors",
"related_acts": "",
"section_id": 5
},
{
"act_id": 126,
"details": "6. \tThe Chief Inspector and any Inspector may- (a) \tmake such examination and inquiry as he thinks fit in order to ascertain whether the provisions of this Act and of the regulations, rules and bye-laws and of any orders made thereunder are observed in the case of any mine; (b) \twith such assistants(if any) as he thinks fit, enter, inspect and examine any mine or any part thereof at any reasonable time by day or night, but not so as unreasonably to impede or obstruct the working of the mine; (c) \texamine into, and make inquiry respecting, the state and condition of any mine or any part thereof, the ventilation of the mine, the sufficiency of the bye-laws for the time being in force relating to the mine, and all matters and things connected with or relating to the safety of the persons employed in the mine.",
"name": "Powers of Inspectors of Mines",
"related_acts": "",
"section_id": 6
},
{
"act_id": 126,
"details": "7. Any person in the service of the 8Republic duly authorised by a special order in writing of the Chief Inspector or of an Inspector in this behalf may, for the purpose of surveying, leveling or measuring in any mine, after giving not less than three day's notice to the manager of such mine, enter the mine and may survey, level or measure the mine or any part thereof at any reasonable time by day or night, but not so as unreasonably to impede or obstruct the working of the mine.",
"name": "Powers of special officer to enter, measure, etc.",
"related_acts": "",
"section_id": 7
},
{
"act_id": 126,
"details": "8. Every owner, agent and manager of a mine shall afford the Chief Inspector and every Inspector and every person authorised under section 7 all reasonable facilities for making any entry, inspection, survey, measurement, examination or inquiry under this Act.",
"name": "Facilities to be afforded to Inspectors",
"related_acts": "",
"section_id": 8
},
{
"act_id": 126,
"details": "9.(1) All copies of, and extracts from, registers or other records appertaining to any mine, and all other information acquired by the Chief Inspector or an Inspector or by any one assisting him, in the course of the Inspector of any mine under this Act or acquired by any person authorised under section 7 in the exercise of his duties thereunder, shall be regarded as confidential, and shall not be disclosed to any person other than a Magistrate or an official superior or the owner, agent or manager of the mine concerned, unless the Chief Inspector or the Inspector considers disclosure necessary to ensure the safety of any persons. (2) \tIf the Chief Inspector, or an Inspector or any other person referred to in sub-section (1) discloses contrary to the provisions of sub-section (1), any such information as aforesaid without the consent of the Government, he shall be guilty of a breach of official trust, and shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both. (3) \tNo court shall proceed to the trial of any offence under this section except with the previous sanction of the Government.",
"name": "Secrecy of information obtained",
"related_acts": "",
"section_id": 9
},
{
"act_id": 126,
"details": "10.(1) The Government may constitute for any part of Bangladesh 9* * *, for any group or class of mines, a Mining Board consisting of- (a) \ta person in the service of the 10Republic, not being the Chief Inspector or a Inspector, nominated by the Government to act as Chairman; (b)\t the Chief Inspector or an Inspector; (c) \ta person, not being the Chief Inspector or an Inspector, nominated by the Government; (d) \ttwo persons nominated by owners of mines or their representatives in such manner as may be prescribed; (e) \ttwo persons to represent the interest of miners, who shall be nominated in accordance with the following provisions:- (i) \tif there are one or more registered trade unions having in the aggregate as members not less than one quarter of the miners, the said persons shall be nominated by such trade union or trade unions in such manner as may be prescribed; (ii) \tif sub-clause (i) is not applicable and there are one or more registered trade unions having in the aggregate as member not less than 1,000 miners, one of the said persons shall be nominated by such trade union or trade unions in such manner as may be prescribed and the other by the Government; (iii) \tif neither sub-clause (i) nor sub-clause (ii) is applicable, the said persons shall be nominated by the Government. Explanation- In this clause 11miner means a person employed otherwise than in a position of supervision or management, in any of the mines for which the Mining Board is constituted. (2) \tThe chairman shall appoint a person to act as secretary to the Board. (3) \tThe Government may give directions as to the payment of travelling expenses incurred by the secretary or any member of any such Mining Board in the performance of his duty as such secretary or member.",
"name": "Mining Boards",
"related_acts": "",
"section_id": 10
},
{
"act_id": 126,
"details": "11.(1) Where under this Act any question relating to a mine is referred to a Committee, the Committee shall consist of- (a) \ta chairman nominated by the Government or by such officer or authority as the Government may authorise in this behalf; (b) \ta person nominated by the Chairman and qualified by experience to dispose of question referred to the Committee; and (c) \ttwo persons of whom one shall be nominated by the owner, agent or manager of the mine concerned, and the other shall be nominated by the Government to represent the interests of the persons employed in the mine. (2) \tNo Inspector or person employed in or in the management of any mine concerned shall serve as chairman or member of a Committee appointed under this section. (3) \tWhere an owner, agent or manager fails to exercise his power of nomination under clause (c) of sub-section (1), the Committee may, notwithstanding such failure, proceed to inquire into and dispose of the matter referred to it. (4) \tThe Committee shall hear and record such information as the Chief Inspector or the Inspector, or the owner, agent or manager of the mine concerned, may place before it, and shall intimate its decision to the Chief Inspector or the Inspector and to the owner, agent or manager of the mine, and shall report its decision to the Government. (5) \tOn receiving such report the Government shall pass orders in conformity therewith unless the Chief Inspector or the owner, agent or manager of the mine has lodged an objection to the decision of the Committee, in which case the Government may proceed to review such decision and to pass such orders in the matter as it may think fit. If an objection is lodged by the Chief Inspector, notice of the same shall forthwith be given to the owner, agent or manager of the mine. (6) \tThe Government may give directions as to the remuneration, if any, to be paid to the members of the Committee or any of them, and as to the payment of the expenses or the inquiry including such remuneration.",
"name": "Committees",
"related_acts": "",
"section_id": 11
},
{
"act_id": 126,
"details": "12.(1) Any Mining Board constituted under section 10 and any Committee constituted under section 11 may exercise such of the powers of an Inspector under this Act as it thinks necessary or expedient to exercise for the purpose of deciding or reporting upon any matter referred to it. (2) \tEvery Mining Board constituted under section 10 and every Committee appointed under section 11 shall have the powers of a Civil Court under the Code of Civil Procedure, 1908, for the purpose of enforcing the attendance of witnesses and compelling the production of documents and material objects; and every person required by any such Mining Board or Committee to furnish information before it shall be deemed to be legally bound to do so within the meaning of section 176 of the 12Penal Code.",
"name": "Powers of Mining Boards",
"related_acts": "86",
"section_id": 12
},
{
"act_id": 126,
"details": "13. \tThe Government may direct that the expenses of any inquiry conducted by a Mining Board constituted under section 10 or by a committee appointed under section 11 shall be borne in whole or in part by the owner or agent of the mine concerned, and the amount so directed to be paid may, on application by the Chief Inspector or an Inspector to a Magistrate having juris-diction at the place where the mine is situated or where such owner or agent is for the time being resident, be recovered by the distress and sale of any movable property within the limits of the Magistrate's jurisdiction belonging to such owner or agent.",
"name": "Recovery of expenses",
"related_acts": "",
"section_id": 13
},
{
"act_id": 126,
"details": "14. \tThe owner, agent or manager of a mine shall, in the case of an existing mine within one month from the commencement of this Act, or, in the case of a new mine, within three months after the commencement of mining operations, give to the District Magistrate of the district in which the mine is situated notice in writing in such form and containing such particulars relating to the mine as may be prescribed.",
"name": "Notice to be given of mining operations",
"related_acts": "",
"section_id": 14
},
{
"act_id": 126,
"details": "15.(1) Save as may be otherwise prescribed, every mine shall be under one manager who shall have the prescribed qualifications and shall be responsible for the control, management and direction of the mine, and the owner or agent of every mine shall appoint himself or some other person, having such qualifications, to be such manager. (2) \tIf any mine is worked without there being a manager for the mine as required by sub-section (1), the owner and agent shall each be deemed to have contravened the provisions of this section.",
"name": "Managers",
"related_acts": "",
"section_id": 15
},
{
"act_id": 126,
"details": "16.(1) The owner, agent and manager of every mine shall be responsible that all operations carried on in connection therewith are conducted in accordance with the provisions of this Act and of the regulations, rules and bye-laws and of any orders made thereunder. (2) \tIn the event of any contravention of any such provisions by any person whomsoever, the owner, agent and manager of the mine shall each be deemed also to be guilty of such contravention unless he proves that he had taken all resaonable means, by publishing and to the best of his power enforcing those provisions, to prevent such contravention: Provided that the owner or agent shall not be so deemed if he proves- (a) \tthat he was not in the habit of taking, and did not in respect of the matter in question take, any part in the management of the mine; and (b) \tthat he had made all the financial and other provisions necessary to enable the manager to carry out his duties; and (c) \tthat the offence was committed without his knowledge, consent or connivance. (3) \tSave as hereinbefore provided, it shall not be a defense in any proceedings brought against an owner or agent of a mine under this section that a manager of the mine has been appointed in accordance with the provisions of this Act.",
"name": "Duties and responsibilities of owners, agents and managers",
"related_acts": "",
"section_id": 16
},
{
"act_id": 126,
"details": "17. \tThere shall be provided and maintained for every mine latrine and urinal accommodation of such kind and on such scale, and such supply of water fit for drinking, as may be prescribed.",
"name": "Conservancy",
"related_acts": "",
"section_id": 17
},
{
"act_id": 126,
"details": "18. \tAt every mine in respect of which the Government may, by notification in the official Gazette, declare this section to apply, such supply of ambulances or stretchers, and of splints, bandages and other medical requirements, as may be prescribed, shall be kept ready at hand in a convenient place and in good and serviceable order.",
"name": "Medical appliances",
"related_acts": "",
"section_id": 18
},
{
"act_id": 126,
"details": "19.(1) If, in any respect which is not provided against by any express provision of this Act or of the regulations, rules or bye-laws or of any orders made thereunder, it appears to the Chief Inspector or the Inspector that any mine, or any part there of or any matter, thing or practice in or connected with the mine, or with the control, management or direction thereof, is dangerous to human life or safety, or defective so as to threaten, or tend to, the bodily injury of any person, he may give notice in writing thereof to the owner, agent or manager of the mine, and shall state in the notice the particulars in which he considers the mine, or part thereof, or the matter, thing or practice, to be dangerous or defective and require the same to be remedied within such time as he may specify in the notice. 13(1A) Without prejudice to the generality of the provisions contained in sub-section (1), the Chief Inspector or the Inspector may, in any area to which the Government may by notification in the official Gazette declare that this sub-section applies, by order in writing addressed to the owner, agent or manager of a mine, prohibit the extraction or reduction of pillars in any part of the mine if, in his opinion, such operation is likely to cause the crushing of pillars or the premature collapse of any part of the workings or otherwise endanger the mine, or if, in his opinion, adequate provision against the outbreak of fire has not been made by providing for the sealing off and isolation of the part of the mine in which such operation is contemplated and for restricting the area that might be affected by a fire, and the provisions of sub-sections (3), (4), (5) and (6) shall apply to an order made this sub-section as they apply to an order made under sub-section (2). (2) \tIf the Chief Inspector or an Inspector authorised in this behalf by general or special order in writing by the Chief Inspector is of opinion that there is urgent and immediate danger to the life or safety of any person employed in any mine or part thereof, he may, by an order in writing containing a statement of the grounds of his opinion, prohibit, until the danger is removed, the employment in or about the mine or part thereof of any person whose employment is not in his opinion reasonably necessary for the purpose of removing the danger. (3) \tWhere an order has been made under sub-section (2) by an Inspector, the owner, agent or manager of the mine may, within ten days after the receipt of the order, appeal against the same to the Chief Inspector who may confirm, modify or cancel the order. (4) \tThe Chief Inspector or the Inspector making a requisition under sub-section (1) or an order under sub-section (2), and the Chief Inspector making an order (other than an orderof cancellation) in appeal under sub-section (3), shall forthwith report the same to the Government and shall inform the owner, agent or manager of the mine that such report has been so made. (5) \tIf the owner, agent or manager of the mine objects to a requisition made under sub-section (1) or to an order made by the Chief Inspector under sub-section (2), or sub-section (3), he may, within twenty days after the receipt of the notice containing the requisition or of the order or after the date of decision of the appeal, as the case may be, send his objection in writing, stating the grounds thereof, to the Government which shall refer the same to a committee. (6) \tEvery requisition made under sub-section (1), or order made under sub-section (2), or sub-section (3) to which objection is made under sub-section (5), shall be complied with pending the receipt at the mine of the decision of he Committee: Provided that the Committee may, on the application of the owner, agent or manager, suspend the operation of a requisition under sub-section (1) pending its decision of the objection. (7) \tNothing in this section shall affect the powers of a Magistrate under section 144 of the Code of Criminal Procedure, 1898.",
"name": "Powers of Inspectors when causes of danger not expressly provided against exist or when employment of persons is dangerous",
"related_acts": "75",
"section_id": 19
},
{
"act_id": 126,
"details": "20.(1) When any accident occurs in or about a mine causing loss of life of serious bodily injury, or when an accidental explosion, ignition, outbreak of fire or irruption of water occurs in or about a mine, the owner, agent or manager of the mine shall give such notice of the occurrence to such authorities, and in such form, and within such time, as may be prescribed. (2) \tThe Government may, by notification in the official Gazette, direct that accidents other than those specified in sub-section (1) which cause bodily injury resulting in the enforced absence from work of the person injured for a period exceeding forty-eight hours, shall be entered in a register in the prescribed form or shall be subject to the provisions of sub-section (1). (3) \tA copy of the entries in the register referred to in sub-section (2) shall be sent by the owner, agent, or manager of the mine, within fourteen days after the 30th day of June and the 31st day of December in each year, to the Chief Inspector.",
"name": "Notice to be given of accidents",
"related_acts": "",
"section_id": 20
},
{
"act_id": 126,
"details": "21.(1) When any accidental explosion, ignition, outbreak of fire or irruption of water or other accident has occurred in or about any mine, the Government, if it is of opinion that a formal inquiry into the causes of, and circumstances attending, the accident ought to be held, may appoint a competent person to hold such inquiry, and may also appoint any person or persons possessing legal or special knowledge to act as assessor or assessors in holding the inquiry. (2) \tThe person appointed to hold any such inquiry shall have all the powers of a Civil Court under the Code of Civil Procedure, 1908, for the purpose of enforcing the attendance of witnesses and compelling the production of documents and material objects; and every person required by such person as aforesaid to furnish any information shall be deemed to be legally bound to do so within the meaning of section 176 of the 14Penal Code. (3) \tAny person holding an inquiry under this section may exercise such of the powers of an Inspector under this Act as he may think it necessary or expedient to exercise for the purposes of the inquiry. (4) \tThe person holding an inquiry under this section shall make a report to the Government stating the causes of the accident and its circumstances, and adding any observations which he or any of the assessors may think fit to make.",
"name": "Power of Government to appoint court of inquiry in cases of accidents",
"related_acts": "86",
"section_id": 21
},
{
"act_id": 126,
"details": "22. \tThe Government may cause any report submitted by a Committee under section 11 and shall cause every report submitted by a court of inquiry under section 21 to be published at such time and in such manner as it may think fit.",
"name": "Publication of reports",
"related_acts": "",
"section_id": 22
},
{
"act_id": 126,
"details": "1522A. No person shall be allowed to work in mine on more than six days in any one week.",
"name": "Weekly day of rest",
"related_acts": "",
"section_id": 23
},
{
"act_id": 126,
"details": "22C.(1) A person employed below ground in a mine shall not be allowed to work for more the nine hours in any day. (2) \tWork of the same kind shall not be carried on below ground in any mine for a period spreading over more than nine hours in any day except by a system of relays so arranged that the periods of work for each relay are not spread over more than nine hours. (3) \tNo person employed in a mine shall be allowed to be in any part of the mine below ground except during the periods of work shown in respect of him in the register kept under sub-section (1) of section 28.",
"name": "Hours of work below ground",
"related_acts": "",
"section_id": 24
},
{
"act_id": 126,
"details": "22D. \tWhere a worker works in a relay whose period of work extends over midnight, the ensuing day for him shall be deemed be to the period of twenty-four hours beginning at the end of the period of work fixed for the relay, and the hours he has worked after midnight shall be counted towards the previous day.",
"name": "Special provision for night relays",
"related_acts": "",
"section_id": 25
},
{
"act_id": 126,
"details": "22B.(1) A person employed above ground in a mine shall not be allowed to work for more than fifty-four hours in any week or for more than ten hours in any day. (2) \tThe periods of work of any such person shall be so arranged that, along with his intervals for rest they shall not in any day spread over more than twelve hours, and that he shall not work for more than six hours before he has had an interval for rest of at least one hour. (3) \tPersons belonging to two or more relays shall not be allowed to do work of the same kind above ground at the same moment: Provided that for the purposes of this sub-section persons shall not be deemed to belong to separate relays by reason only of the fact that they receive their intervals for rest at different times.",
"name": "Hours of work above ground",
"related_acts": "",
"section_id": 26
},
{
"act_id": 126,
"details": "23. \tNo person shall be allowed to work in mine who has already been working in any other mine within the preceding twelve hours.",
"name": "Prohibition of employment of certain persons",
"related_acts": "",
"section_id": 27
},
{
"act_id": 126,
"details": "23A. Repealed by section 8 of the Indian Mines (Amendment) Act, 1935 (Act No. V of 1935).",
"name": "Repealed",
"related_acts": "",
"section_id": 28
},
{
"act_id": 126,
"details": "1623C. No female shall be allowed to work in a mine either below ground or above ground between the hours of 7 P. M. and 6 A. M.",
"name": "Limitation of hours of work for females",
"related_acts": "",
"section_id": 29
},
{
"act_id": 126,
"details": "1723B.(1) The manager of every mine shall cause to be posted outside the office of the mine a notice in the prescribed form stating the time of the commencement and of the end of work at the mine and, if it is proposed to work by a system of relays, the time of the commencement and of the end of work for each relay. The notice shall also state the time of the commencement and of the end of the intervals for rest fixed for persons employed above ground. A copy of each such notice shall be sent to the Chief Inspector, if he so requires. (2) \tIn the case of a mine at which mining operations commence after the 14th day of April, 1930, the notice referred to in sub-section (1) shall be posted not less than seven days before the commencement of work. (3) \tWhere it is proposed to make any alteration in the time fixed for the commencement or for the end of work in the mine generally or for any relay or in the rest intervals fixed for persons employed above ground an amended notice in the prescribed form shall be posted outside the office of the mine not less than seven days before the change is made, and a copy of such notice shall be sent to the Chief Inspector not less than seven days before such change. (4) \tNo person shall be allowed to work in a mine otherwise than in accordance with the notice required by sub-section (1).",
"name": "Notices regarding hours of works",
"related_acts": "",
"section_id": 30
},
{
"act_id": 126,
"details": "24. \tNothing in section 22B, section 22C, section 23, sub-section (4) of section 23B, or in section 23C shall apply to persons who may by rules be defined to be persons holding responsible positions of a managerial or technical character or employed in health and welfare services or employed in any confidential capacity.",
"name": "Supervising staff",
"related_acts": "",
"section_id": 31
},
{
"act_id": 126,
"details": "25. \tIn case of an emergency involving serious risk to the safety of the mine or of persons employed therein, the manager may, subject to the provisions of section 19, permit persons to be employed in contravention of section 22A, section 22B, section 22C, section 23 or sub-section (4) of section 23B on such work as may be necessary to protect the safety of the mine or of the persons employed therein: Provided that, where such occasion arises, a record of the fact shall immediately be made by the manager and shall be placed before the Chief Inspector or the Inspector at his next inspection of the mine.",
"name": "Exemption from provisions regarding employment",
"related_acts": "",
"section_id": 32
},
{
"act_id": 126,
"details": "26. \tNo child shall be employed in a mine, or be allowed to be present in any part of a mine which is below ground.",
"name": "Children",
"related_acts": "",
"section_id": 33
},
{
"act_id": 126,
"details": "1826A. No person who has not completed his 19eighteenth year shall be employed in any part of mine, unless- (a) \ta certificate of fitness in the prescribed form and granted to him by a qualified medical practitioner is in the custody of the manager of the mine, and (b) \the carries while at work a token giving a reference to such certificate.",
"name": "Young persons not to be allowed underground without certificates of fitness",
"related_acts": "",
"section_id": 34
},
{
"act_id": 126,
"details": "2026B. No person who has not completed his 21eighteenth year shall be permitted to work in any part of a mine, either below ground or above ground, unless the hours of work of such person for any day are so fixed as to allow an interval of rest of at least twelve consecutive hours which shall include at least such seven consecutive hours between the hours of 7 P. M. and 7 A. M. as may be prescribed: Provided that nothing in this section shall apply to any such person while employed or permitted to work in any mine as an apprentice or for the purposes of receiving vocational training, in such circumstances and in accordance with such conditions as may be prescribed.",
"name": "Limitation of working hours for young persons",
"related_acts": "",
"section_id": 35
},
{
"act_id": 126,
"details": "27.(1) If any question arises between the Chief Inspector or the Inspector and the manager of any mine as to whether any person is a child or has not completed his 22eighteenth year, the question shall, in the absence of certificate as to the age of such person granted in the prescribed manner, be referred by the Chief Inspector or the Inspector for decision to a qualified medical practitioner. (2)\tEvery certificate as to the age of a person which has been granted in the prescribed manner and any certificate granted by a qualified medical practitioner on a reference under sub-section (1) shall, for the purposes of this Act, be conclusive evidence as to the age of the person to whom it relates.",
"name": "Disputes as to age",
"related_acts": "",
"section_id": 36
},
{
"act_id": 126,
"details": "28.(1) For every mine there shall be kept in the prescribed form and place a register of all persons employed in the mine showing, in respect of each such person,- (a) \tname, date of birth and the nature of his employment, (b) \tthe periods of work fixed for him, (c) \tthe intervals for rest, if any, to which he is entitled, (d) \tthe days of rest to which he is entitled, and (e) \twhere work is carried on by a system of relays, the relay to which he belongs. (2) \tThe entries in the register prescribed by sub-section (1) shall be such that workers working in accordance therewith would not be working in contravention of any of the provisions of this Chapter. (3) \tNo person shall be employed in a mine until the particulars required by sub-section (1) have been recorded in the register in respect of such person and no person shall be employed except during the periods of work shown in respect of him in the register. (4) \tFor every mine to which the Government may, by general or special order, declare this sub-section to be applicable, there shall be kept in the prescribed form and place a register which shall show at any moment the name of every person then working below ground in the mine.",
"name": "Register of employees",
"related_acts": "",
"section_id": 37
},
{
"act_id": 126,
"details": "29. \tThe Government may, by notification in the official Gazette, make regulations consistent with this Act for all or any of the following purposes, namely:- (a) \tfor prescribing the qualifications to be required by a person for appointment as Chief Inspector or Inspector; (b) \tfor prescribing and regulating the duties and powers of the Chief Inspector and of Inspectors in regard to the inspection of mines under this Act; (c) \tfor prescribing the duties of owners, agents and managers of mines and of persons acting under them; (d) \tfor prescribing the qualifications of managers of mines and of persons acting under them; (e) \tfor regulating the manner of ascertaining, by examination or otherwise, the qualifications of managers of mines and persons acting under them, and the granting and renewal of certificates of competency; (f) \tfor fixing the fees, if any, to be paid in respect of such examinations and of the grant and renewal of such certificates; (g) \tfor determining the circumstances in which and the conditions subject to which it shall be lawful for more mines than one to be under a single manager, or for any mine or mines to be under a manager not having the prescribed qualifications; (h) \tfor providing for the making of inquiries into charges of misconduct or in competency on the part of managers of mines and persons acting under them and for the suspension and cancellation of certificates of competency; (i) \tfor regulating, subject to the provisions of the Explosives Act, 1884, and of any rules made thereunder, the storange and use of explosives; (j) \tfor prohibiting, restricting or regulating the employment in mines or in any class of mines of women either below ground or on particular kinds of labour which are attended by danger to the life, safety or health of such women; (k) \tfor providing for the safety of the persons employed in a mine, their means of entrance therein to and exit therefrom, the number of shafts or outlets to be furnished, and the fencing of shafts, pits, outlets, pathways and subsidence; 23(kk) \tfor prohibiting the employment in a mine either as manager or in any other specified capacity of any persons except persons paid by the owner of the mine and directly answerable to the owner or manager of the mine; (l) \tfor providing for the safety of the roads and working places in mines, including the siting and maintenance of pillars and the maintenance of sufficient barriers between mine and mine; (m) \tfor providing for and regulating the ventilation of mines and the action to be taken in respect of dust and noxious gases; (n) \tfor providing for the care, and the regulation of the use, of all machinery and plant and of all electrical apparatus used for signaling purposes; (o) \tfor requiring and regulating the use of safety lamps in mines; (p) \tfor providing against explosions or ignitions or irruption's of or accumulations of water in mines and against danger arising therefrom, and for prohibiting, restrictions or regulating the extraction of minerals in circumstances likely to result in or to aggravate irruption's of water or ignitions in mines; (q) \tfor prescribing the notices of accidents and dangerous occurrences, and the notices, reports and returns of mineral output, persons employed and other matters provided for by regulations to be furnished by owners, agents and managers of mines, and for prescribing the forms of such notices, returns and reports, the persons and authorities to whom they are to be furnished, the particulars to be contained in them, and the time within which they are to be submitted; (r) \tfor prescribing the plans to be kept by owners, agents and managers of mines and the manner and places in which such plans are to be kept for purposes of record; (s) \tfor regulating the procedure on the occurrence of accidents or accidental explosions or ignitions in or about mines; (t) \tfor prescribing the form of, and the particulars to be contained in, the notice to be given by the owner, agent or manner of a mine under section 14; and (u) \tfor prescribing the notice to be given by the owner, agent or manager of a mine before mining operations are commenced at or extended to any point within fifty years of any railway subject to the provisions of the Railways Act, 1890, or of any public work or classes of public work which the Government may, by general or special order, specify in this behalf.",
"name": "Power of Government to make regulations",
"related_acts": "52,65",
"section_id": 38
},
{
"act_id": 126,
"details": "2430A. The Government may, by notification in the official Gazette, make rules under this section- (a) \trequiring the establishment of central rescue stations for groups of specified mines or for all mines in a specified are, and prescribing how and by whom such stations shall be established; (b) \tproviding for management of central rescue stations, and regulating the constitution powers and functions of, and the conduct of business by, the authorities which shall include representatives of the owners and managers of, and of the miners employed in, the mines or group of mines concerned charged with such management; (c) \tprescribing the position, equipment, control maintenance and functions of central rescue stations; (d) \tproviding for the levy and collection of a duty of excise (at a rate not exceeding 25three poisha per ton), on coke and coal produced in and dispatched from mines specified under clause (a) in any group on included under clause (a) in any specified area, the utilisation of the proceeds thereof for the creation of a central rescue station fund for such group or area and the administration of such funds. (e) \tproviding for the formation, training, composition, and duties of rescue brigades; and (f) \tproviding generally for the conduct of rescue work in mines.",
"name": "Power of Government to require rescue stations to be established",
"related_acts": "",
"section_id": 39
},
{
"act_id": 126,
"details": "30. \tThe Government may, by notification in the official Gazette, make rules consistent with this Act for all or any of the following purposes, namely:- (a) \tfor providing for the appointment of chairmen and members of Mining Boards, and for regulating the procedure of such Boards; 26(aa) \tfor prescribing the form of the register referred to in sub-section (2) of section 20; (b) \tfor providing for the appointment of counts of inquiry under section 21, for regulating the procedure and powers of such courts, for the payment of travelling allowance to the members and for the recovery of the expenses of such courts from the manager, owner or agent of the mine concerned; 27(bb)\tfor requiring the maintenance in mines wherein any women are ordinarily employed of suitable rooms to be reserved for the use of children under the age of six years belonging to such women, and for prescribing, either generally or with particular reference to the number of women ordinarily employed in the mine, the number and standards of such rooms, and the nature and extent of the supervision to be provided therein; 28(bbb) \tfor requiring the maintenance at or near pit-heads of bathing places equipped with shower baths and of locker-rooms for the use of men employed in mines and of similar and separate places and rooms for the use of women in mines where women are employed, and for prescribing, either generally or with particular reference to the numbers of men and women ordinarily employed in a mine, the number and standards of such places and rooms; (c) \tfor prescribing the scale of latrine and urinal accommodation to be provided at mines, the provision to be made for the supply of drinking-water, the supply and maintenance of medical appliances and comforts, and the training of men in ambulance work; 29(cc) \tfor prescribing the forms of notices required under section 23B, and for requiring such notices to be posted also in specified vernaculars; 30(ccc) \tto fix seven consecutive hours between 7 P. M. and 7 A. M. for the purposes of section 26B; (cccc) \tto specify the circumstances in which and conditions in accordance with which a young person may be employed or permitted to work as an apprentice or for the purposes of receiving vocational training in a mine for the purposes of the proviso to section 26B; (d) \tfor defining the persons who shall, for the purposes of section 24, be deemed to be persons holding positions of supervisions or management or employed in a confidential capacity; (e) \tfor prohibiting the employment in mines of persons of any class of persons who have not been certified by a qualified medical practitioner to have completed their fifteenth year, and for prescribing the manner and the circumstances in which such certificates may be granted and revoked; 31(ee) \tfor prescribing the form of the certificates of fitness required by section 26A and the circumstances in which such certificates may be granted and revoked; (f) \tfor prescribing the form of registers required by section 28. (g) \tfor prescribing abstracts of this Act and of the regulations and rules and the vernacular in which the abstracts and bye-laws shall be posted as required by sections 32 and 33; (h) \tfor requiring the fencing of any mine or part of a mine, whether the same is being worked or not, where such fencing is necessary for the protection of the public; (i) \tfor the protection from injury, in respect of any mine when the workings are discontinued, of property vested in Government or any local authority 32* * *; (j) \tfor requiring notices, returns and reports in connection with any matters dealt with by rules to be furnished by owners, agents and managers of mines, and for prescribing the forms of such notices, returns and reports; the persons and authorities to whom they are to be furnished, the particulars to be contained in them, and the times within which they are to be submitted; and (k) \tgenerally to provide for any matter not provided for by this Act or the regulations, provision for which is required in order to give effect to this Act.",
"name": "Power of Government to make rules",
"related_acts": "",
"section_id": 40
},
{
"act_id": 126,
"details": "3331A. Notwithstanding anything contained in sub-sections (1), (2) and (3) of section 31, regulations under clause (i) and clauses (k) to (s) inclusive of section 29 may be made without previous publication and without previous reference to Mining Boards, if the Government is satisfied that for the prevention of apprehended danger or the speedy remedy of conditions likely to cause danger it is necessary in making such regulations to dispense with the delay that would result from such publication and reference: Provided that any regulations so made shall not remain in force for more than two years form the making thereof.",
"name": "Power to make regulations without previous publication",
"related_acts": "",
"section_id": 41
},
{
"act_id": 126,
"details": "31.(1) The power to make regulations and rules conferred by sections 29, 30 and 30A is subject to the condition of the regulations and rules being made after previous publication. (2) \tThe date to be specified in accordance with clause (3) of section 23 of the General Clauses Act, 1897, as that after which a draft of regulations or rules proposed to be made will be taken under consideration, shall not be less than three months from the date on which the draft of the proposed regulations or rules is published for general information. (3) \tBefore the draft of any regulation is published under this section it shall be referred to every Mining Board constituted in Bangladesh, which is, in the opinion of the Government concerned with the subject dealt with by the regulation; and the regulation shall not be so published until each such Board has had a reasonable opportunity of reporting as to the expediency of making the same and as to the suitability of its provisions. 34(3A) No rule shall be made unless the draft thereof has been referred to every Mining Board constituted in the part of Bangladesh affected by the rule, and unless each Board has had a reasonable opportunity of reporting as to the expediency of making the same and as to the suitability of its provisions. (4) \tRegulations and rules shall be published in the official Gazette, and, on such publication, shall have effect as if enacted in this Act. (5) \tThe provisions of sub-sections (1), (2) and (3A) shall not apply to the first occasion on which rules referred to in clause (bb) or clause (bbb) of section 30 are made.",
"name": "Prior publication of regulations and rules",
"related_acts": "73",
"section_id": 42
},
{
"act_id": 126,
"details": "32.(1) The owner, agent or manager of a mine may, and shall, if called upon to do so by the Chief Inspector or Inspector, frame and submit to the Chief Inspector or Inspector a draft of such bye-laws, not being inconsistent with this Act or any regulations or rules for the time being in force, for control and guidance of persons acting in the management of, or employed in, the mine as such owner, agent or manager may deem necessary to prevent accidents and provide for the safety, convenience and discipline of the persons employed in the mine. (2) \tIf any such owner, agent or manager- (a) \tfails to submit within two months a draft of bye-laws after being called upon to do so by the Chief Inspector or Inspector, or (b) \tsubmits a draft of bye-laws which is not in the opinion of the Chief Inspector of Inspector sufficient, the Chief Inspector or Inspector may - (i) \tpropose a draft of such bye-laws as appear to him to be sufficient, or (ii) \tpropose such amendments in any draft submitted to him by the owner, agent or manager as will, in his opinion, render it sufficient, and shall send such draft bye-laws or draft amendments to the owner, agent or manager, as the case may be, for consideration. (3) \tIf within a period of two months from the date on which any draft bye-laws or draft amendments are sent by the Chief Inspector or Inspector to the owner, agent or manager under the provisions of sub-section (2), the Chief Inspector or Inspector and the owner, agent or manager are unable to agree as to the terms of the bye-laws to be made under sub-section (1), the Chief Inspector or Inspector shall refer the draft bye-laws for settlement to the Mining Board or, where there is no Mining Board, to such officer or authority as the Government may, by general or special order, appoint in the this behalf. (4)(a) When such draft bye-laws have been agreed to by the owner, agent or manager and the Chief Inspector or Inspector, or, when they are unable to agree, have been settled by the Mining Board or such officer or authority as aforesaid, a copy of the draft bye-laws shall be sent by the Chief Inspector or Inspector to the Government for approval. (b) \tThe Government may make such modifications of the draft bye-laws as it thinks fit. (c) \tBefore the Government approves the draft bye-laws, whether with or without modifications, there shall be published, in such manner as the Government may think best adapted for informing the persons affected, notice of the proposal to make the bye-laws and of the place where copies of the draft bye-laws may be obtained, and of the time (which shall not be less than thirty days) within which any objections with reference to the draft bye-laws, made by or on behalf of persons affected should be sent to the Government. (d) \tEvery objection shall be in writing and shall state - (i) \tthe specific grounds of objection, and (ii) \tthe omissions, additions or modifications asked for. (e) \tThe Government shall consider any objection made within the required time by or on behalf of persons appearing to it to be affected, and may approve the bye-laws either in the form in which they were published or after making such amendments thereto as it thinks fit. (5) \tThe bye-laws, when so approved by the Govern-ment, shall have effect as if enacted in this Act, and the owner, agent or manager of the mine shall cause a copy of the bye-laws, in English and in 35Bengali, to be posted up in some conspicuous place at or near the mine, where the bye-laws may be conveniently read or seen by the persons employed; and, as often as the same become defaced, obliterated or destroyed, shall cause them to be renewed with all reasonable dispatch. (6) \tThe Government may, by order writing, rescind, in whole or in part, any bye-law so made, and thereupon such bye-law shall cease to have effect accordingly.",
"name": "Bye-laws",
"related_acts": "",
"section_id": 43
},
{
"act_id": 126,
"details": "33. \tThere shall be kept posted up at or near every mine in English and in 36Bengali, the prescribed abstracts of the Act and of the regulations and rules.",
"name": "Posting up of extracts from Act, regulations, etc",
"related_acts": "",
"section_id": 44
},
{
"act_id": 126,
"details": "34.(1) Whoever obstructs the Chief Inspector, an Inspector or any person authorised under section 7 in the discharge of his duties under this Act, or refuses or wilfully neglects to afford the Chief Inspector, an Inspector or such person any reasonable facility or making any entry inspection, examination or inquiry authorised by or under this Act in relation to any mine, shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred taka, or with both. (2) \tWhoever refuses to produce on the demand of the Chief Inspector or Inspector any registers or other documents kept in pursuance of this Act, or prevents or attempts to prevent or does anything which he has reason to believe to be likely to prevent, any person from appearing before or being examined by an inspecting officer acting in pursuance of his duties under this Act, shall be punishable with fine which may extend to three hundred taka.",
"name": "Obstruction",
"related_acts": "",
"section_id": 45
},
{
"act_id": 126,
"details": "35. \tWhoever- (a) \tcounterfeits, or knowingly makes a false statement in, any certificate, or any official copy of a certificate, granted under this Act, or (b) \tknowingly uses as true any such counterfeit of false certificate, or (c) \tmakes or produces or uses any false declaration, statement or evidence knowing the same to be false, for the purpose of obtaining for himself or for any other person a certificate, or the renewal of a certificate, under this Act, or any employment in a mine, or (d) \tfalsifies any plan or register or record the maintenance of which is required by or under this Act, or (e) \tmakes, gives or delivers any plant, return, notice, record or report containing a statement, entry or detail which is not to the best of his knowledge or belief true, shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred taka, or with both.",
"name": "Falsification of records, etc.",
"related_acts": "",
"section_id": 46
},
{
"act_id": 126,
"details": "36. \tAny person who, without reasonable excuse the burden of proving which shall lie upon him, omits to make or furnish in the prescribed form or manner of at or within the prescribed time any plan, return, notice register, record or report required by or under this Act to be made or furnished shall be punishable with fine which may extend to two hundred taka.",
"name": "Omission to furnish plans, etc.",
"related_acts": "",
"section_id": 47
},
{
"act_id": 126,
"details": "37. Whoever, save as permitted by section 25, contravenes any provision of this Act or of any regulation, rule or bye-law or of any order made thereunder prohibiting, restricting or regulating the employment or presence of persons in or about a mine shall be punishable with fine which may extend to five hundred taka.",
"name": "Contravention of provisions regarding employment of labour",
"related_acts": "",
"section_id": 48
},
{
"act_id": 126,
"details": "38.(1) Whoever, in contravention of the provisions of sub-section (1) of section 20, fails to give notice of any accidental occurrence shall, if the occurrence results in serious bodily injury, be punishable with fine which may extend to five hundred taka, or, if the occurrence results in loss of life, be punishable with imprisonment which may extend to three months or with fine which may extend to five hundred taka, or with both. (2) \tWhoever in contravention of a direction made by the Government under sub-section (2) of section 20 fails to record in the prescribed register or to give notice of any accidental occurrence shall be punishable with fine which may extend to five hundred taka.",
"name": "Notice of accidents",
"related_acts": "",
"section_id": 49
},
{
"act_id": 126,
"details": "39. \tWhoever contravenes any provision of this Act or of any regulation, rule or bye-law or of any order made thereunder for the contravention of which no penalty is hereinbefore provided shall be punishable with fine which may extend to one thousand taka, and, in the case of a continuing contravention, with a further fine which may extend to one hundred taka for every day on which the offender is proved to have persisted in the contravention after the date of the first conviction.",
"name": "Disobedience of orders",
"related_acts": "",
"section_id": 50
},
{
"act_id": 126,
"details": "40.(1) Notwithstanding anything hereinbefore contained, whoever contravenes any provision of this Act or of any regulation, rule or bye-law or of any order made thereunder, shall be punishable, if such contravention results in loss of life, with imprisonment which may extend to one year, or with fine which may extend to two thousand taka, or with both; or, if such contravention results in serious bodily injury, with imprisonment which may extend to six months, or with fine which may extend to one thousand taka, or with both ' or, if such contravention otherwise causes injury or danger to workers or other persons in or about the mine, with imprisonment which may extend to one month, or with fine which may extend to five hundred taka, or with both. (2) \tWhere a person having been convicted under this section is again convicted thereunder, he shall be punishable with double the punishment provided by sub-section (1). (3) \tAny Court imposing, or confirming in appeal, revision or otherwise, a sentence fine passed under this section may when passing judgment, order the whole or any part of the fine recovered to be paid as compensation to the person injured, or, in the case of his death, to his legal representative: Provided, that if the fine is imposed in a case which is subject to appeal, no such payment shall be made before the period allowed for presenting the appeal has elapsed, or, if an appeal has been presented before the decision of the appeal.",
"name": "Contravention of law with dangerous results",
"related_acts": "",
"section_id": 51
},
{
"act_id": 126,
"details": "41. \tNo prosecution shall be instituted against any owner, agent or manager for any offence under this Act except at the instance of the Chief Inspector or of the District Magistrate or of an Inspector authorised in this behalf by general or special order in writing by the Chief Inspector.",
"name": "Prosecution of owner, agent or manager",
"related_acts": "",
"section_id": 52
},
{
"act_id": 126,
"details": "42. \tNo Court shall take cognizance of any offence under this Act unless complaint thereof has been made within six months of the date on which the offence is alleged to have been committee.",
"name": "Limitation of prosecutions",
"related_acts": "",
"section_id": 53
},
{
"act_id": 126,
"details": "43. \tNo Court inferior to that of a Magistrate of the 1st class shall try any offence under this Act which is alleged to have been committed by any owner, agent or manager of a mine or any offence which is by this Act made punishable with imprisonment.",
"name": "Cognizance of offences",
"related_acts": "",
"section_id": 54
},
{
"act_id": 126,
"details": "44.(1) If the Court trying any case instituted at the instance of the Chief Inspector or of the District Magistrate or of an Inspector under this Act is of opinion that the case is one which should, in lieu of a prosecution, be referred to a Mining Board or a Committee, it may stay the criminal proceedings, and report the matter to the Government with a view to such reference being made. (2) \tOn receipt of report under sub-section (1), the Government may refer the case to a Mining Board or a Committee, or may direct the court to proceed with the trial.",
"name": "Reference to Mining Board or Committee in lieu of prosecution in certain cases",
"related_acts": "",
"section_id": 55
},
{
"act_id": 126,
"details": "45. \tIf any question arises as to whether any excavation or working is a mine within the meaning of this Act, the Government may decide the question, and a certificate signed by a Secretary to the Government shall be conclusive on the point.",
"name": "Decision of question whether a mine is under this Act",
"related_acts": "",
"section_id": 56
},
{
"act_id": 126,
"details": "46.(1) The Government may, by notification in the official Gazette, exempt either absolutely or subject to any specified conditions any local area or any mine of group or class of mines or any part of a mine or any class of persons from the operation of all or any specified provisions of this Act: Provided that no local area or mine or group or class of mines shall be exempted from the provisions of section 26 unless it is also exempted from the operation of all other provisions of this Act: Provided further that no exemption from the operation of the provisions of section 23C shall be granted unless, in the case of an emergency, the national interest so requires and the employers' and workers' organizations concerned have been consulted. (2)\tOmitted by the Government of India (Adaptation of Indian Laws) Order, 1937.",
"name": "Power to exempt from operation of Act",
"related_acts": "",
"section_id": 57
},
{
"act_id": 126,
"details": "47. \tThe Government may reverse or modify any order passed under this Act.",
"name": "Power to alter or rescind orders",
"related_acts": "",
"section_id": 58
},
{
"act_id": 126,
"details": "48. \tThe Act shall apply to mines belonging to the Government.",
"name": "Application of Act to Government mines",
"related_acts": "",
"section_id": 59
},
{
"act_id": 126,
"details": "49. No suit, prosecution or other legal proceeding whatever shall lie against any person for anything who is in good faith done or intended to be done under this Act.",
"name": "Saving",
"related_acts": "",
"section_id": 60
},
{
"act_id": 126,
"details": "50. \tRepealed by section 2 and Schedule of the Repealing Act, 1927 (Act No. XII of 1927).",
"name": "Repealed",
"related_acts": "",
"section_id": 61
}
],
"text": "♣An Act to amend and consolidate the law relating to the regulation and inspection of mines. WHEREAS it is expedient to amend and consolidate the law relating to the regulation and inspection of mines; It is hereby enacted as follows:-"
} |
{
"id": 127,
"lower_text": [
"1 Clause (aa) was inserted by section 3 of the Indian Boilers (Amendment) Act, 1937 (Act No. XI of 1937",
"2 The figure and word \"22.76 liters\" were substituted for the words \"five gallons\" by section 2 of the Boilers (Amendment) Act, 1990 (Act No. XI of 1990)",
"3 Clauses (cc) and (ccc) were inserted by section 2 of the Indian Boilers (Amendment) Act, 1947 (Act No. XXXIV of 1947)",
"4 The figure and word \"7.62 cm\" were substituted, for the words \"three inches\" by section 2 of the Boilers (Amendment) Act, 1990 (Act No. XI of 1990)",
"5 Section 2A was inserted by the Indian Boilers (Amendment) Act, 1943 (Act No. XVII of 1943)",
"6 Section 2B was inserted by the Indian Boilers (Amendment) Act, 1947 (XXXIV of 1947)",
"7 The words, figures and commas \"section 2 of the Merchant Shipping Act, 1923, or in any Mechanically Propelled Vessel as defined in section 2 of the Inland Mechanically Propelled Vessels Act, 1917\" were substituted, for the words, figures and commas \"section 3 of the Indian Steam-Ships Act, 1884, or in steam-vessel as defined in section 2 of the Indian Steam-vessels Act, 1917\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"8 The words \"the railway\" were substituted, for the words \"any railway\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"9 The words \"for the Province\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"10 The words \"for the Province\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"11 The word \"The\" was substituted, for the word \"Every\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"12 The words \"Penal Code\" were substituted, for the words \"Pakistan Penal Code\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"13 Clause (b) was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"14 The figure and words \"18.58 square miters\" were substituted, for the words \"two hundred square feet\" by section 3 of the Boilers (Amendment) Act, 1990 (Act No. XI of 1990)",
"15 The words, comma and figure \"Factories Act, 1965\" were substituted for the words, commas and figure \"Indian Factories Act, 1911,\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"16 The words \"two thousand taka\" were substituted, for the words \"one hundred rupees\" by section 4 of the Boilers (Amendment) Act, 1990 (Act No. XI of 1990)",
"17 The words \"ten thousand taka\" were substituted, for the words \"five hundred rupees\" by section 5 of the Boilers (Amendment) Act, 1990 (Act No. XI of 1990)",
"18 The words \"two thousand taka\" were substituted, for the words \"one hundred rupees\" by section 5 of the Boilers (Amendment) Act, 1990 (Act No. XI of 1990)",
"19 Clause (a) was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"20 Clause (f) was inserted by section 6 of the Boilers (Amendment) Act, 1990 (Act No. XI of 1990)",
"21 The words \"ten thousand taka\" were substituted, for the words \"five hundred rupees\" by section 5 of the Boilers (Amendment) Act, 1990 (Act No. XI of 1990)",
"22 The words \"ten thousand taka\" were substituted, for the words \"five hundred rupees\" by section 7 of the Boilers (Amendment) Act, 1990 (Act No. XI of 1990)",
"23 Section 27A was inserted by section 4 of the Indian Boilers (Amendment) Act, 1937 (Act No. XI of 1937)",
"24 Sub-section (2) was substituted, for sub-section (2) by section 8 of the Boilers (Amendment) Act, 1990 (Act No. XI of 1990)",
"25 Clause (aa) was inserted by section 5 of the Indian Boilers (Amendment) Act, 1937 (Act No. XI of 1937)",
"26 The words \"or provincial\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"27 The words \"in the province\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Boilers Act, 1923",
"num_of_sections": 38,
"published_date": "23rd February, 1923",
"related_act": [
430,
127
],
"repelled": true,
"sections": [
{
"act_id": 127,
"details": "1.(1) This Act may be called the Boilers Act, 1923. (2) \tIt extends to the whole of Bangladesh. (3) \tIt shall come into force on such date as the Government may, by notification in the official Gazette, appoint.",
"name": "Short title, extent and commencement",
"related_acts": "127",
"section_id": 1
},
{
"act_id": 127,
"details": "2. \tIn this Act, unless there is anything repugnant in the subject or context.- (a) \t\"accident\" means an explosion of a boiler or steam-pipe or any damage to a boiler or steam-pipe which is calculated to weaken the strength thereof so as to render it liable to explode; 1(aa) \t\"Board\" means the Boilers Board constituted under section 27A; (b) \t\"boiler\" means any closed vessel exceeding 222.76 liters in capacity which is used expressly or generating steam under pressure and includes any mounting or other fitting attached to such vessel, which is wholly or partly under pressure when steam is shut off; (c) \t\"Chief Inspector\" and \"Inspector\" mean, respectively, a person appointed to be a Chief Inspector and an Inspector under this Act; 3(cc) \t\"economiser\" means any part of feed-pipe that is wholly or partially exposed to the action of flue gases for the purpose of recovery of waste heat; (ccc) \t\"feed-pipe\" means any pipe or connected fitting wholly or partly under pressure through which feed water passes directly to a boiler and does not form an integral part thereof; (d) \t\"owner\" includes any person using a boiler as agent of the owner thereof and any person using a boiler which he has hired or obtained on loan from the owner thereof; (e) \t\"prescribed\" means prescribed by regulations or rules made this Act; (f) \t\"steam-pipe\" means any main pipe exceeding 47.62 cm in internal diameter through which steam passes directly from a boiler to a prime-mover or other first user, and includes any connected fitting of a steam-pipe; and (g) \t\"structural alteration, addition or renewal\" shall not be deemed to include any renewal or replacement of a petty nature when the part or fitting used for replacement is not inferior in strength, efficiency or otherwise to the replaced part or fitting.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 127,
"details": "52A. Every reference in this Act except where the word \"steam-pipe\" is used in clause (f) of section 2, to a steam-pipe or steam-pipes shall be deemed to include also a reference to a feed-pipe or feed-pipes, respectively.",
"name": "Application of Act to feed-pipes",
"related_acts": "",
"section_id": 3
},
{
"act_id": 127,
"details": "62B. Every reference in this Act to a boiler or boilers except in clause (ccc) of section 2, clause (e) of section 6, clauses (c) and (d) of section 11, clause (d) of section 29 and section 34 shall be deemed to include also a reference to an economiser or economisers, respectively.",
"name": "Application of Act to economisers",
"related_acts": "",
"section_id": 4
},
{
"act_id": 127,
"details": "3.(1) Nothing in this Act shall apply in the case of any boiler or steam-pipe- (a) \tin any steam-ship as define in 7section 2 of the Merchant Shipping Act, 1923, or in any Mechanically Propelled Vessel as defined in section 2 of the Inland Mechanically Propelled Vessels Act, 1917; or (b) \tbelonging to or under the control of His Majesty's Navy or the Bangladesh Navy; or (c) \tappertaining to a sterilizer or disinfector of a type such as is commonly used in hospitals, if the boiler does not exceed twenty gallons in capacity. (2) \tThe Government may, by notification in the official Gazette, declare that the provisions of this Act shall not apply in the case of boilers or steam-pipes, or of any specified class of boilers or steam-pipes, belonging to or under the control of 8the railway.",
"name": "Limitation of application",
"related_acts": "",
"section_id": 5
},
{
"act_id": 127,
"details": "4. \tThe Government may, by notification in the official Gazette, exclude any specified area from the operation of all or any specified provisions of this Act.",
"name": "Power to limit extent",
"related_acts": "",
"section_id": 6
},
{
"act_id": 127,
"details": "5.(1) The Government may appoint such persons as it thinks fit to be Inspectors 9* * * for the purposes of this Act, and may define the local limits within which each Inspector shall exercise the powers and perform the duties conferred and imposed on Inspectors by or under this Act. (2) The Government shall likewise appoint a person to be Chief Inspector 10* * * who may, in addition to the powers and duties conferred or imposed on the Chief Inspector by or under this Act, exercise any power or perform any duty so conferred or imposed on Inspectors. (3) 11The Chief Inspector and every Inspector shall be deemed to be a public servant within the meaning of the 12Penal Code.",
"name": "Appointment of Chief Inspector and Inspectors",
"related_acts": "",
"section_id": 7
},
{
"act_id": 127,
"details": "6. Save as otherwise expressly provided in this Act, no owner of a boiler shall used the boiler or permit it to be used- (a) \tunless it has been registered in accordance with the provisions of this Act; 13* * * (c) unless a certificate or provisional order authorising the use of the boiler is for the time being in force under this Act; (d) at a pressure higher than the maximum pressure recorded in such certificate or provisional order; (e) \twhere the Government has made rules requiring that boilers shall be in charge of persons holding certificates of competency, unless the boiler is in charge of a person holding the certificate required by such rules: Provided that any boiler registered, or any boiler certified or licensed, under any Act hereby repealed shall be deemed to have been registered or certified, as the case may be, under this Act.",
"name": "Prohibition of use of unregistered or uncertificated boiler",
"related_acts": "",
"section_id": 8
},
{
"act_id": 127,
"details": "7.(1) The owner of any boiler which is not registered under the provisions of this Act may apply to the Inspector to have the boiler registered. Every such application shall be accompanied by the prescribed fee. (2) \tOn receipt of an application under sub-section (1), the Inspector shall fix a date, within thirty days or such shorter period as may be prescribed from the date of the receipt, for the examination of the boiler as shall give the owner thereof not less than ten days' notice of the date so fixed. (3) \tOn the said date the Inspector shall proceed to measure and examine the boiler and to determine in the prescribed manner the maximum pressure, if any, at which such boiler may be used, and shall report the result of the examination to the Chief Inspector in the prescribed form. (4) \tThe Chief Inspector, on receipt of the report, may- (a) \tregister the boiler and assign a register number thereto either forthwith or after satisfying himself that any structural alteration, addition or renewal which he may deem necessary has been made in or to the boiler or any steam-pipe attached thereto, or (b) \trefuse to register the boiler: Provided that where the Chief Inspector refuses to resister a boiler, he shall forthwith communicate his refusal to the owner of the boiler together with the reasons therefor. (5) \tThe Chief Inspector shall, on registering the boiler, order the issue to the owner of a certificate in the prescribed form authorising the use of the boiler for a period not exceeding twelve months at a pressure not exceeding such maximum pressure as he thinks fit and as is in accordance with the regulations made under this Act: Provided that a certificate issued under this sub-section in respect of an economiser may authorise its use for a period not exceeding twenty-four months. (6) \tThe Inspector shall forthwith convey to the owner of the boiler the orders of the Chief Inspector and shall in accordance therewith issue to the owner any certificate of which the issue has been ordered, and, where the boiler has been registered, the owners shall within the prescribed period cause the register number to be permanently marked thereon in the prescribed manner.",
"name": "Registration",
"related_acts": "",
"section_id": 9
},
{
"act_id": 127,
"details": "8.(1) A certificate authorising the use of a boiler shall cease to be in force- (a) \ton the expiry of the period for which it was granted; or (b) \twhen any accident occurs to the boiler; or (c) \twhen the bolier is moved, the boiler not being a vertical boiler the heating surface of which is less than 1418.58 square miters, or a portable or vehicular boiler; or (d) \twhen any structural alteration, addition or renewal is made in or to the boiler; or (e) \tif the Chief Inspector in any particular case so directs, when any structural alteration, addition or renewal is made in or to any steam-pipe attached to the boiler; (f) \ton the communication to the owner of the boiler of an order of the Chief Inspector or Inspector prohibiting its use on the ground that it or any steam-pipe attached thereto is in a dangerous condition. (2) \tWhere an order is made under clause (f) of sub-section (1), the grounds on which the order is made shall be communicated to the owner with the order. (3) \tWhen a certificate ceases to be in force, the owner of the boiler may apply may apply to the Inspector a renewal thereof for such period not exceeding twelve months as he may specify in the application: Provided that where the certificate relates to an economiser, the application for its renewal may be for a period not exceeding twenty-four months. (4) \tAn application under sub-section (3) shall be accompanied by the prescribed fee and, on receipt thereof, the Inspector shall fix a date, within thirty days or such shorter period as may be prescribed from the date of the receipt, for the examination of the boiler and shall give the owner thereof not less than ten day's notice of the date so fixed: Provided that, where the certificate has ceased to be in force owing to the making of any structural alteration, addition or renewal to the Chief Inspector may dispense with the payment of any fee. Provided further in the case of an economiser, the owner shall be given not less than thirty day's notice of the date fixed for its examination. (5) \tOn the said date the Inspector shall examine the boiler in the prescribed manner, and if he is satisfied that the boiler and the steam-pipe or steam-pipes attached thereto are in good condition shall issue a renewed certificate authorising the use of the boiler for such period not exceeding twelve months and at a pressure not exceeding such maximum pressure as he thinks fit and as is in accordance with the regulations made under this Act: Provided that a renewed certificate issued under this sub-section in respect of an economiser may authorise its use for a period not exceeding twenty-four months: Provided further that if the Inspector- (a) \tproposes to issue any certificate - (i) \thaving validity for a less period than the period entered in the application, or (ii) \tincreasing or reducing the maximum pressure at which the boiler may be used, or (b) \tproposes to order any structural alteration, addition or renewal to be made in or to the boiler or any steam-pipe attached thereto, or (c) \tis of opinion that the boiler is not fit for use, the Inspector shall, within forty-eight hours of making the examination, inform the owner of the boiler in writing of his opinion and the reasons therefor, and shall forthwith report the case for orders to the Chief Inspector. (6) The Chief Inspector, on receipt of a report under sub-section (5), may, subject to the provisions of this Act and of the regulations made hereunder, order the renewal of the certificate in such terms and on such conditions, if any, as he thinks fit, or may refuse to renew it: Provided that where the Chief Inspector refuses to renew a certificate, he shall forthwith communicate his refusal to the owner of the boiler, together with the reasons therefor. (7) Nothing in this section shall be deemed to prevent an owner of a boiler from applying for a renewed certificate therefor at any time during the currency of a certificate.",
"name": "Renewal of certificate",
"related_acts": "",
"section_id": 10
},
{
"act_id": 127,
"details": "9. Where the Inspector reports the case of any boiler to the Chief Inspector under sub-section (3) of section 7 or sub-section (5) of section 8, he may, if the boiler is not a boiler the use of which has been prohibited under clause (f) of sub-section (1) of section 8, grant to the owner thereof a provisional order in writing permitting the boiler to be used at a pressure not exceeding such maximum pressure as he thinks fit and as is in accordance with the regulations made under this Act pending the receipt of the orders of the Chief Inspector. Such provisional order shall cease to be in force - (a) \ton the expiry of six months from the date on which it is granted, or (b) \ton receipt of the orders of the Chief Inspector, or (c) \tin any of the cases referred to in clauses (b), (c), (d), (e) and (f) of sub-section (1) of section 8, and on so ceasing to be in force shall be surrendered to the Inspector.",
"name": "Provisional orders",
"related_acts": "",
"section_id": 11
},
{
"act_id": 127,
"details": "10.(1) Notwithstanding anything hereinbefore contained, when the period of a certificate relating to a boiler has expired, the owner shall, provided that he has applied before the expiry of the period for a renewal of the certificate, be entitled to use the boiler at the maximum pressure entered in the former certificate pending the issue of orders on the application. (2) \tNothing in sub-section (1) shall be deemed to authorise the use of a boiler in any of the cases referred to in clauses (b), (c), (d), (e) and (f) of sub-section (1) of section 8 occurring after the expiry of the period of the certificate.",
"name": "Use of boiler pending grant of certificate",
"related_acts": "",
"section_id": 12
},
{
"act_id": 127,
"details": "11. \tThe Chief Inspector may at time withdraw or revoke any certificate or provisional order on the report of an Inspector or otherwise- (a) \tif there is reason to believe that the certificate or provisional order has been fraudulently obtained or has been granted erroneously or without sufficient examination; or (b) \tif the boiler in respect of which it has been granted has sustained injury or has ceased to be in good condition; or (c) \twhere the Government has made rules requiring that boilers shall be in charge of persons holding certificates of competency, if the boiler is in charge of a person not holding the certificate required by such rules; or (d) \twhere no such rules have been made, if the boiler is in charge of a person who is not, having regard to the condition of the boiler, in the opinion of the Chief Inspector competent to have charge thereof: Provided that where the Chief Inspector withdraws or revokes a certificate or provisional order on the ground specified in clause (d), he shall communicate to the owner of the boiler his reasons in writing for the withdrawal or revocation, and the order shall not take effect until the expiry of thirty days from the receipt of such communication.",
"name": "Revocation of certificate or provisional order",
"related_acts": "",
"section_id": 13
},
{
"act_id": 127,
"details": "12. \tNo structural alteration, addition or renewal shall be made in or to any boiler registered under this Act unless such alteration, addition or renewal has been sanctioned in writing by the Chief Inspector.",
"name": "Alterations and renewals to boilers",
"related_acts": "",
"section_id": 14
},
{
"act_id": 127,
"details": "13. \tBefore the owner of any boiler registered under this Act makes any structural alteration, or renewal in or to any steam-pipe attached to the boiler, he shall transmit to the Chief Inspector a report in writing of his intention, and shall send therewith such particulars of the proposed alteration, addition or renewal as may be prescribed.",
"name": "Alterations and renewals to steam-pipes",
"related_acts": "",
"section_id": 15
},
{
"act_id": 127,
"details": "14.(1) On any date fixed under this Act for the examination of a boiler, the owner thereof shall be bound- (a) \tto afford to the Inspector all reasonable facilities for the examination and all such information as may reasonably be required of him; (b) \tto have the boiler properly prepared and ready for examination in the prescribed manner; and (c) \tin the case of an application for the registration of a boiler, to provide such drawings, specifications, certificates and other particulars as may be prescribed. (2) \tIf the owner fails, without reasonable cause, to comply with the provisions of sub-section (1), the Inspector shall refuse to make the examination and shall report the case to the Chief Inspector who shall, unless sufficient cause to the contrary is shown, require the owner to file a fresh application under section 7 or section 8, as the case may be, and may forbid him to use the boiler notwithstanding anything contained in section 10.",
"name": "Duty of owner at examination",
"related_acts": "",
"section_id": 16
},
{
"act_id": 127,
"details": "15.\tThe owner of any boiler who holds a certificate or provisional order relating thereto shall, at all reasonable times during the period for which the certificate or order is in force, be bound to produce the same when called upon do so by a District Magistrate, or Magistrate of the first class having jurisdiction in the area in which the boiler is for the time being, or by the Chief Inspector or by an Inspector or by any Inspector appointed under the 15Factories Act, 1965, or by any person specially authorised in writing by a District Magistrate.",
"name": "Production of certificates, etc.",
"related_acts": "",
"section_id": 17
},
{
"act_id": 127,
"details": "16. \tIf any person becomes the owner of a boiler during the period for which a certificate or provisional order relating thereto is in force, the preceding owner shall be bound to make order to him the certificate or provisional order.",
"name": "Transfer of certificates, etc.",
"related_acts": "",
"section_id": 18
},
{
"act_id": 127,
"details": "17. \tAn Inspector may, for the purpose of inspecting or examining a boiler or any steam-pipe attached thereto or of seeing that any provision of this Act or of any regulation or rule made hereunder has been or is being observed, at all reasonable times enter any place or building within the limits of the area for which he has been appointed in which he has reason to believe that a boiler is in use.",
"name": "Powers of entry",
"related_acts": "",
"section_id": 19
},
{
"act_id": 127,
"details": "18.(1) If any accident occurs to a boiler or steam-pipe, the owner or person in charge thereof shall, within twenty-four hours of the accident, report the same in writing to the Inspector. Every such report shall contain a true description of the nature of the accident and of the injury, if any, caused thereby to the boiler or to the steam-pipe or to any person, and shall be in sufficient detail to enable the Inspector to judge of the gravity of the accident. (2) \tEvery person shall be bound to answer truly to the best of his knowledge and ability every question put to him in writing by the Inspector as to the cause, nature or extent of the accident.",
"name": "Report of accidents",
"related_acts": "",
"section_id": 20
},
{
"act_id": 127,
"details": "19. \tAny person considering himself aggrieved by- (a) \tan order made or purporting to be made by an Inspector in the exercise of any power conferred by or under this Act, or (b) \ta refusal of an Inspector to make any order or to issue any certificate which he is required or enabled by or under this Act to make or issue, may, within thirty days from the date on which such order or refusal is communicated him, appeal against the order or refusal to the Chief inspector.",
"name": "Appeals to Chief Inspector",
"related_acts": "",
"section_id": 21
},
{
"act_id": 127,
"details": "20. \tAny person considering himself aggrieved by an original or appellate order of the Chief Inspector- (a) \trefusing to register a boiler or to grant or renew a certificate in respect of a boiler; or (b) \trefusing to grant a certificate having validity for the full period applied for; or (c) \trefusing to grant a certificate authorising the use of a boiler at the maximum pressure desired; or (d) \twithdrawing or revoking a certificate or provisional order; or (e) \treducing the amount of pressure specified in any certificate or the period for which such certificate has been granted; or (f) \tordering any structural alteration, addition or renewal to be made in or to a boiler or steam-pipe, or refusing sanction to the making of any structural alteration, addition or renewal in or to a boiler, may, within thirty days of the communication to him of such order, lodge with the Chief Inspector an appeal to an appellate authority to be constituted by the Government under this Act.",
"name": "Appeals to appellate authority",
"related_acts": "",
"section_id": 22
},
{
"act_id": 127,
"details": "21. \tAn order of an appellate authority under section 20 and, save as otherwise provided in sections 19 and 20, an order of the Chief Inspector or of an Inspector shall be final and shall not be called in question in any Court.",
"name": "Finality of orders",
"related_acts": "",
"section_id": 23
},
{
"act_id": 127,
"details": "22. Any owner of a boiler who refuses or without reasonable excuse neglects- (i) \tto surrender a provisional order as required by section 9, or (ii) \tto produce a certificate or provisional order when duly called upon to do so under 15, or (iii) \tto make over to the new owner of a boiler a certificate or provisional order as required by section 16, shall be punishable with fine which may extend to 16two thousand taka.",
"name": "Minor penalties",
"related_acts": "",
"section_id": 24
},
{
"act_id": 127,
"details": "23. \tAny owner of a boiler who, in any case in which a certificate or provisional order is required for the use of the boiler under this Act, uses the boiler either without any such certificate or order being in force or at a higher pressure than that allowed thereby, shall be punishable with fine which may extend to 17ten thousand taka, and, in the case of a continuing offence, with an additional fine which may extend to 18two thousand taka for each day after the first day in regard to which he is convicted of having persisted in the offence.",
"name": "Penalties for illegal use of boiler",
"related_acts": "",
"section_id": 25
},
{
"act_id": 127,
"details": "24. \tAny person who - 19* * * (b) \tbeing the owner of a boiler fails to cause the registered number allotted to the boiler under this Act to be marked on the boiler as required by sub-section (6) of section 7, or (c) \tmakes any structural alteration, addition or renewal in or to a boiler without first obtaining the sanction of the Chief Inspector when so required by section 12, or to a steam-pipe without first informing the Chief Inspector, when so required by section 13, or (d) \tfails to report an accident to a boiler or steam-pipe when so required by section 18, or (e) \ttampers with a safety valve of a boiler so as to render it inoperative at the maximum pressure at which the use of the boiler is authorised under this Act, 20(f)\tgenerates steam illegally under pressure in any closed vessel exceeding 22.75 liters in capacity, shall be punishable with fine which may extend to 21ten thousand taka.",
"name": "Other penalties",
"related_acts": "",
"section_id": 26
},
{
"act_id": 127,
"details": "25.(1) Whoever removes, alters, defaces, renders invisible or otherwise tampers with the register number marked on a boiler in accordance with the provisions of this Act or any Act repealed hereby, shall be punishable with fine which may extend to 22ten thousand taka. (2) \tWhoever fraudulently marks upon a boiler a register number which has not been allotted to it under this Act or any Act repealed hereby, shall be punishable with imprisonment which may extend to two years or with fine, or with both.",
"name": "Penalty for tampering with register mark",
"related_acts": "",
"section_id": 27
},
{
"act_id": 127,
"details": "26. \tNo prosecution for an offence made punishable by or under this Act shall be instituted except within six months from the date of the commission of the offence, and no such prosecution shall be instituted without the previous sanction of the Chief Inspector.",
"name": "Limitation and previous sanction for prosecutions",
"related_acts": "",
"section_id": 28
},
{
"act_id": 127,
"details": "27. \tNo offence made punishable by or under this Act shall be tried by a Court inferior to that of a Magistrate of the first class.",
"name": "Trial of offences",
"related_acts": "",
"section_id": 29
},
{
"act_id": 127,
"details": "2327A. (1) A Board to be called the Boilers Board shall be constituted to exercise the powers conferred by section 28. 24(2) \tThe Board shall consist of a Chairman and two other members to be appointed by the Government. (3)\tOmitted by section 8 of the Boilers (Amendment) Act, 1990 (Act No. XI of 1990). (4)\tThe Board shall have full power to regulate by bye-laws or other wise its own procedure and the conduct of all business to be transacted by the Board. (5) \tThe powers of the Board may be exercised notwithstanding any vacancy in the Board.",
"name": "Boilers Board",
"related_acts": "",
"section_id": 30
},
{
"act_id": 127,
"details": "28. \tThe Board may, by notification in the official Gazette, make regulations consistent with this Act for all or any of the following purposes, namely:- (a) \tfor laying down the standard conditions in respect of material design and construction which shall be required for the purpose of enabling the registration and certification of a boiler under this Act; 25(aa) \tfor prescribing the circumstances in which, the extent to which, and the conditions subject to which variation from the standard conditions laid down under clause (a) may be permitted; (b) \tfor prescribing the method of determining the maximum pressure at which a boiler may be used; (c) \tfor regulating the registration of boilers, prescribing the fees payable therefor, the drawing, specifications, certificates and particulars to be produced by the owner, the method of preparing a boiler for examination, the form of the Inspector's report thereon, the method of marking the register number, and the period within which such number is to be marked on the boiler; (d) \tfor regulating the inspection and examination of boilers and steam-pipes, and prescribing forms of certificates therefor; (e) \tfor ensuring the safety of persons working inside a boiler; and (f) \tfor providing for any other matter which is not, in the opinion of the Board, a matter of merely local 26* * * importance.",
"name": "Power to make regulations",
"related_acts": "",
"section_id": 31
},
{
"act_id": 127,
"details": "29. \tThe Government may, by notification in the official Gazette, make rules consistent with this Act and the regulations made thereunder for all or any of the following purposes, namely:- (a) \tfor prescribing the qualifications and duties of the Chief Inspector and of Inspectors, for prescribing or constituting authorities to which they shall respectively be subordinate, and the limits of the administrative control to be exercised by such authorities; (b) \tfor regulating the transfer of boilers; (c) \tfor providing for the registration and certification of boilers in accordance with the regulations made under this Act; (d) \tfor requiring boilers to be in charge of persons holding certificates of competency, and for prescribing the conditions on which such certificates may be granted; (e) \tfor prescribing the times within which Inspectors shall be required to examine boilers under section 7 or section 8; (f) \tfor prescribing the fees payable for the issue of renewed certificates and the method of determining the amount of such fees in each case; (g) \tfor regulating inquiries into accidents; (h) \tfor constituting the appellate authority referred to in section 20, and for determining its powers and procedure; (i)\tfor determining the mode of disposal of fees, costs and penalties levied under this Act; and (j) \tgenerally to provide for any matter which is, in the opinion of the Government, a matter of merely local importance 27* * *.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 32
},
{
"act_id": 127,
"details": "30. \tAny regulation or rule made under section 28 or section 29 may provide that a contravention thereof shall be punishable with fine which may extend to one hundred taka.",
"name": "Penalty for breach of rules",
"related_acts": "",
"section_id": 33
},
{
"act_id": 127,
"details": "31.(1) The power to make regulations and rules conferred by sections 28 and 29 shall be subject to the condition of the regulations and rules being made after previous publication. (2) \tRegulations and rules so made shall be published in the official Gazette and, on such publication, shall have effect as if enacted in this Act.",
"name": "Publication of regulations and rules",
"related_acts": "",
"section_id": 34
},
{
"act_id": 127,
"details": "32. \tAll fees, costs and penalties levied under this Act shall be recoverable as arrears of land-revenue.",
"name": "Recovery of fees, etc.",
"related_acts": "",
"section_id": 35
},
{
"act_id": 127,
"details": "33. \tSave as otherwise expressly provided, this Act shall apply to boilers and steam-pipes belonging to the Government.",
"name": "Applicability to the Government",
"related_acts": "",
"section_id": 36
},
{
"act_id": 127,
"details": "34.(1) The Government may, by notification in the official Gazette, exempt from the operation of this Act, subject to such conditions and restrictions as it thinks fit, any boilers or classes or types of boilers used exclusively for the heating of buildings or the supply of hot water. (2) \tIn case of any emergency, the Government may, by general or special order in writing, exempt any boiler or steam-pipe from the operation of all or any of the provisions of this Act.",
"name": "Exemptions. Power to suspend in case of emergency",
"related_acts": "",
"section_id": 37
},
{
"act_id": 127,
"details": "35. \tRepealed by section 2 and Schedule of the Repealing Act 1927 (Act No. XII of 1927).",
"name": "Repealed",
"related_acts": "",
"section_id": 38
}
],
"text": "♣An Act to consolidate and amend the law relating to steam-boilers. WHEREAS it is expedient to consolidate and amend the law relating to steam-boilers; It is hereby enacted as follows:-"
} |
{
"id": 128,
"lower_text": [
"1 Proviso to sub-section (3) of section 1 was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The words \"a Chaplain on duty with troops in a Cantonment\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The words and semi-colon \"the railway;\" were substituted, for the words \"a railway\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"4 The words and commas \"or, in a Province where there are no Commissioners, of the Collector\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"5 The words \"the railway\" were substituted, for the words \"a railway\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"6 The word \"Government\" was substituted, for the words and commas \"Provincial Government with the concurrence of the officer Commanding the District, or by the Central Government,\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"7 CHAPTER IV consisting of sections 19 to 21 was substituted, for the former CHAPTER IV by section 10 of the Cantonments (House-Accommodation) (Amendment) Act, 1930 (Act No. IX of 1930).",
"8 The words \"High Court Division\" were substituted, for the words \"High Court\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"9 Section 34A was inserted by section 15 of the Cantonments (House-Accommodation Amendment) Act, 1930 (Act No. IX of 1930)",
"10 Clause (a) was omitted by section 16 of the Cantonments (House-Accommodation) (Amendment) Act, 1930 (Act No. IX of 1930)",
"11 The words \"Penal Code\" were substituted, for the words \"Pakistan Penal Code\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Cantonments (House Accommodation) Act, 1923",
"num_of_sections": 33,
"published_date": "5th March, 1923",
"related_act": [
133,
75,
430,
48,
86,
88
],
"repelled": false,
"sections": [
{
"act_id": 128,
"details": "1.(1) This Act may be called the Cantonments (House-accommodation) Act, 1923. (2) \tIt extends to the whole of Bangladesh. (3) It shall come into force on the first day of April, 1923, but it shall not become operative in any cantonment or part of a cantonment until the issue, or otherwise than in pursuance, of a notification as hereinafter provided by section 3: 1* * *",
"name": "Short title, extent and commencement",
"related_acts": "",
"section_id": 1
},
{
"act_id": 128,
"details": "2.(1) In this Act, unless there is anything repugnant in the subject or context,- (a) \t\"Brigade area\" means of the Brigade areas, whether occupied by a brigade or not, into which Bangladesh is for military purposes for the time being divided, and includes any area which the Government may, by notification in the official Gazette, declare to be a Brigade area for all or any of the purposes of this Act; (b) \t\"Cantonment Board\" means a Cantonment Board constituted under the Cantonments Act, 1924; (c) \t\"Command\" means one of the Commands into which Bangladesh is for military purposes for the time being divided, and includes any area which the Government may, by notification in the official Gazette, declare to be a Command for all or any of the purposes of this Act; (d) \t\"Officer Commanding the station\" means the officer for the time being in command of the forces in a cantonment or, if that officer is the Officer Commanding the District, the military officer who would be in command of those forces in the absence of the Officer Commanding the District; (e) \t\"District\" means one of the Districts into which Bangladesh is for military purposes for the time being divided, it includes a Brigade area which does not form part of any such District and any area which the Government may, by notification in the official Gazette, declare to be a District for all or any of the purposes of this Act; (f) \t\"house\" means a house suitable for occupation by a military officer or a military mess, and includes the land and buildings appurtenant to a house; (g) \t\"military officer\" means a commissioned or warrant officer of the military or air forces of Bangladesh on military or air-force duty in a cantonment, and includes 2* * * an officer of the Cantonments Department and any person in Army departmental employment whom the Officer Commanding the District may at any time, by an order in writing, place on the same footing as a military officer for the purposes of this Act; (h) \t\"owner\" includes the person who is receiving, or is entitled to receive, the rent of a house, whether on his own account or on behalf of himself and others or as an agent or trustee, or who would so receive the rent, or be entitled to receive it, if the house were let to a tenant; and (i) \ta house is said to be in a state of reasonable repair when- (i) \tall floors, walls, pillars and arches are sound and all roofs sound and watertight, (ii) \tall doors and windows are intact, properly painted or oiled, and provided with proper locks or bolts or other secure fastenings, and (iii) \tall rooms, out-houses and other appurtenant buildings are properly colour-washed or white-washed. (2) \tIf any question arises whither any land or building is appurtenant to a house, it shall be decided by the Officer Commanding the station whose decision thereon shall, subject to revision by the Collector, be final.",
"name": "Definitions",
"related_acts": "133",
"section_id": 2
},
{
"act_id": 128,
"details": "3.(1) The Government, may, by notification in the officer Gazette, declare this Act to be operative in any cantonment or part of a cantonment. (2) \tBefore issuing a notification under sub-section (1) in respect of any cantonment or part of a cantonment, the Government shall cause local inquiry to be made with a view to determining whether it is expedient to issue such notification, and what portion (if any) of the area proposed to be included therein should be excluded therefrom.",
"name": "Cantonments or parts of cantonments in which Act to be operative",
"related_acts": "",
"section_id": 3
},
{
"act_id": 128,
"details": "4. \tNothing in this Act shall affect the provisions of any written Government contract unless all the parties to that contract consent in writing to be bound by the terms of this Act.",
"name": "Saving of written instruments",
"related_acts": "",
"section_id": 4
},
{
"act_id": 128,
"details": "5. \tEvery house situate in a cantonment or part of a cantonment in respect of which a notification under sub-section (1) of section 3 is for the time being in force shall be liable to appropriation by Government on a lease in the manner and subject to the conditions hereinafter provided.",
"name": "Liability of houses to appropriation",
"related_acts": "",
"section_id": 5
},
{
"act_id": 128,
"details": "6.(1) \tWhere- (a) \ta military officer who is stationed in or has been posted to the cantonment, or a President of military mess in the cantonment, applies in writing to the Officer Commanding Station that he is unable to secure suitable accommodation in the cantonment for himself or the mess on reasonable terms by private agreement, and that no suitable house or quarter belonging to the Government is available for his occupation or for the occupation of the mess, and the Officer Commanding the Station is satisfied on inquery of the truth of facts so stated; or (b) \tthe Officer the Commanding the Station is satisfied on inquiry that there is not in the cantonment a sufficient and assured supply of houses available at reasonable rates of rent by private agreement to meet the requirements of the military officers and military messes whose accommodation in the cantonment is in his opinion necessary or expedient, the Officer Commanding the Station may, with a view to enforcing the liability under section 5, serve a notice on the owner of any house which appears to him to be suitable for occupation by a military officer or a military mess, as the case may be, within the cantonment, or, if this Act is in force in part only of the cantonment, within that part, requiring the owner to permit the house to be inspected, measured and surveyed by such person and on such date, not being less than three clear days from the service of the notice, and at such time between sunrise and sunset, as may be specified in the notice. (2) \tOn the date and at the time specified the owner shall be bound to afford all reasonable facilities to the person specified in the notice for the purpose of the inspection, measurement and survey of the house and if he refuses or neglects to do so, such person may, subject to any rules made under this Act, enter on the premises and do all such things as may be reasonably necessary for the said purpose.",
"name": "Conditions on which houses may be appropriated",
"related_acts": "",
"section_id": 6
},
{
"act_id": 128,
"details": "7.(1) If, on the report of such person as aforesaid, the Officer Commanding the station is satisfied that the house is suitable for occupation by a military officer or a military mess, he may, by notice- (a) \trequire the owner to execute a lease of the house to the Government for a specified period which shall not be less than five years; (b) \trequire the existing occupier, if any, to vacate the house; and (c) \trequire the owner to execute within such time as may be specified in the notice such repairs as may, in the opinion of the Officer Commanding the station, be necessary for the purpose of putting the house into a state of reasonable repair. (2) \tEvery notice issued under sub-section (1) shall state the amount of the annual rent proposed as reasonable for the house, calculated on the assumption that the owner will carry out the required repairs, if any. It shall also contain an estimate of the cost of such repairs. (3) \tThe following shall be deemed to be conditions of every lease executed under sub-section (1), namely:- (a) \tthat the house shall, on the expiration of the lease, be re-delivered to the owner in a state of reasonable repair, and (b) \tthat the grounds and the garden, if any, appertaining to the house shall be maintained in the condition in which they are at the time at which the lease is executed: Provided that nothing in this sub-section shall be deemed to affect the right of the Government to avoid the lease in any such event as is specified in clause (e) of section 108 of the Transfer of Property Act, 1882.",
"name": "Procedure for taking house on lease",
"related_acts": "48",
"section_id": 7
},
{
"act_id": 128,
"details": "8. \tRepealed by section 5 of the Cantonment (House-Accommodation Amendment) Act, 1930 (Act No. IX of 1930).",
"name": "Repealed",
"related_acts": "",
"section_id": 8
},
{
"act_id": 128,
"details": "9. \tNo house in any cantonment or part of a cantonment in which this Act is operative shall, unless it was so occupied at the date of the issue of the notification declaring this Act or the Cantonments (House-Accommodation) Act, 1902, as the case may be, to be operative, be occupied for the purposes of a hospital, school, school hostel, bank, hotel, or shop, or by 3the railway; administration, a company or firm engaged in trade or business or a club, without the previous sanction of the Officer Commanding the District given with the concurrence of the Commissioner 4* * *.",
"name": "Sanction to be obtained before a house is occupied as a hospital, etc.",
"related_acts": "",
"section_id": 9
},
{
"act_id": 128,
"details": "10. \tNo notice shall be issued under section 7 if the house- (a) \twas, at the date of the issue of the notification declaring this Act or the Cantonments (House-Accommodation) Act, 1902, as the case may be, to be operative in the cantonment or part of the cantonment, or is, with such sanction as is required by section 9, occupied as a hospital, school hostel, bank, hotel or shop, and has been so occupied continuously during the three years immediately preceding the time when the occasion for issuing the notice arises, or (b) \twas, at the date of such a notification as is referred to in clause (a) or is, with such sanction as aforesaid, occupied by 5the railway administra-tion or by a company or firm engaged in trade or business or by a club, or (c) \tis occupied by the owner, or (d) \thas been appropriated by the 6Government for use as a public office or for any other purpose.",
"name": "Houses not to be appropriated in certain cases",
"related_acts": "",
"section_id": 10
},
{
"act_id": 128,
"details": "11.(1) If a house is unoccupied, a notice issued under section 7 may require the owner to give possession of the same to the Officer Commanding the station within twenty-one days from the service of the notice. (2) \tIf a house is occupied, a notice issued under section 7 shall not require its vacation in less than thirty days from the service of the notice. (3) \twhere a notice has been issued under section 7 and the house has been vacated in pursuance thereof, the lease shall be deemed to have commenced on the date on which the house was so vacated.",
"name": "Time to be allowed for giving possession of house",
"related_acts": "",
"section_id": 11
},
{
"act_id": 128,
"details": "12. \tIf the owner fails to give possession of house to the Officer Commanding the station in pursuance of a notice issued under section 7, or if the existing occupier fails to vacate a house in pursuance of such a notice, the District Magistrate, by himself or by another person generally or specially authorised by him in this behalf, shall enter in the premises and enforce the surrender of the house.",
"name": "Surrender of house when to be enforced",
"related_acts": "",
"section_id": 12
},
{
"act_id": 128,
"details": "13.\tOmitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 13
},
{
"act_id": 128,
"details": "14.(1) If a house, in respect of which a notice is issued under section 7, is occupied by a tenant holding in good faith and for valuable consideration under a registered lease for any term exceeding one year, the Government shall, for the term of one year from the date on which the house in vacated in pursuance of the notice, or for the unexpired term of the lease whichever is the shorter, be liable to the owner for the rent fixed by the registered lease instead of for the rent payable under this Act if the rent so fixed exceeds the rent so payable. (2) \tIf a house, in respect of which a notice is issued under section 7, is occupied by a tenant holding in good faith and for valuable consideration under a registered lease from year to year, the Government shall be liable as aforesaid for the term of six months from the date on which the house is vacated in pursuance of the notice. (3) \tNothing in this section shall be deemed- (a) \tto render the Government so liable unless an application in writing in this behalf is made by the owner to the Officer Commanding the station within fifteen days from the service of the notice; or (b) \tto limit or otherwise after any agreement between the Government and the owner.",
"name": "Provision where house is held on long lease by a tenant",
"related_acts": "",
"section_id": 14
},
{
"act_id": 128,
"details": "15.(1) If the owner considers that the rent stated in a notice issued under section 7 is not reasonable, he may, within a period of thirty days from the service of such notice, refer the matter to a Civil Court, in accordance with the provisions of Chapter IV: Provided that where an appeal has been made to the Officer Commanding the District under section 30, the period of thirty days, shall be reckoned from the date on which the owner received notice of the result of the appeal under sub-section (2) of section 32. (2) \tIf the owner does not make such a reference within the said period, he shall be deemed to have accepted the rent so offered.",
"name": "Power for owner to refer to Civil Court on question of rent",
"related_acts": "",
"section_id": 15
},
{
"act_id": 128,
"details": "16.(1) If the owner fails to execute any repairs to a house as required by a notice issued to him under section 7, the Officer Commanding the station may by notice require the owner to execute the repairs within such period, not being less than thirty days, as may be specified in the notice. (2) \tIf the owner objects to any requisition contained in a notice issued under sub-section (1), he may, within thirty days from the service of the notice, refer the matter to a Civil Court in accordance with the provisions of Chapter IV: Provided that where an appeal has been made to the Officer Commanding the District under section 30, the period of thirty days shall be reckoned from the date on which the owner received notice of the result of the appeal under sub-section (2) of section 32. (3) \tEvery reference under sub-section (2) shall be accompanied by an estimate of the repairs, if any, which the owner considers necessary in order to put the house into a state of reasonable repair.",
"name": "Power for owner to refer to Civil Court on question of repairs",
"related_acts": "",
"section_id": 16
},
{
"act_id": 128,
"details": "17. \tIf the owner fails to comply with a notice issued under sub-section (1) of section 16, the Military Engineer Services or the Public Works Department may, with the previous sanction of the Officer Commanding the Station and notwithstanding any right of reference conferred by that section, cause the repairs specified in the notice to be executed at the expense of the Government, and the cost thereof, or, where a reference has been made, the amount finally determine by the Civil Court, may be deducted from the rent payable to the owner.",
"name": "Power to have repairs executed and recover cost",
"related_acts": "",
"section_id": 17
},
{
"act_id": 128,
"details": "18. \tEvery person on whom devolves, by transfer, by succession or by operation of law, the interest of an owner in any house, or in any part of any house, situate in a cantonment or part of a cantonment in respect of which a notification under sub-section (1) of section 3 is for the time being in force, shall be bound to give notice of the fact to the Officer Commanding the station within one month from the date of such devolution, and, if he, without reasonable cause, fails to do so, he shall be punishable with fine which may extend to fifty Taka.",
"name": "Notice to be given of devolution of interest in house in cantonment",
"related_acts": "",
"section_id": 18
},
{
"act_id": 128,
"details": "19. \tAll references under this Act shall be made by application, to and tried by, the Court of the District Judge.",
"name": "Jurisdiction in references",
"related_acts": "",
"section_id": 19
},
{
"act_id": 128,
"details": "20. \tReferences under this Act shall be deemed to be proceedings within the meaning of section 141 of the Code of Civil Procedure, 1908, and in the trial thereof the Court may exercise any of its powers under that Code.",
"name": "Procedure and powers of the Court",
"related_acts": "86",
"section_id": 20
},
{
"act_id": 128,
"details": "21. \tThe scope of the inquiry in a reference under this Act shall be restricted to a consideration of the matters referred to the Court in accordance with the provisions of this Act.",
"name": "Restriction of scope of inquiry",
"related_acts": "",
"section_id": 21
},
{
"act_id": 128,
"details": "29.(1) An appeal shall lie to the 8High Court Division against the decision of the Court of the District Judge upon a reference tried by it. (2)\tNo appeal under this section shall be admitted unless it is made within thirty days from the date of the decision against which it is preferred. (3) \tAn appeal preferred under this section shall be deemed to be an appeal from an order within the meaning of section 108 of the Code of Civil Procedure, 1908.",
"name": "Appeal to High Court Division",
"related_acts": "86",
"section_id": 22
},
{
"act_id": 128,
"details": "30. \tThe owner or any tenant of a house in respect of which a notice has been issued under section 7 may, within a period of ten days from the date of the service thereof, appeal to the Officer Commanding the District against the decision of the Officer Commanding the Station to appropriate the house.",
"name": "Appeal to Officer Commanding the District",
"related_acts": "",
"section_id": 23
},
{
"act_id": 128,
"details": "31.(1) Every petition of appeal under section 30 shall be in writing and accompanied by a copy of the notice appealed against. (2) \tAny such petition may be presented to the Officer Commanding the station, and that officer shall be bound to forward it to the authority empowered by section 30 to hear the appeal, and may attach thereto any report which he may desire to make in explanation of the notice appealed against. (3) \tIf any such petition is presented direct to the Officer Commanding the District and an immediate order on the petition is not necessary, the Officer Commanding the District may refer the petition to the Officer Commanding the station for report.",
"name": "Petition of appeal",
"related_acts": "",
"section_id": 24
},
{
"act_id": 128,
"details": "32.(1) The decision on any such appeal of the Officer Commanding the District shall be final, and shall not be questioned in any Court otherwise than on the ground that the house is situate in a cantonment, or part of a cantonment, in which this Act is not operative: Provided that no appeal shall be decided until the appellant has been heard or has had a reasonable opportunity of being heard in person or though a legal practitioner and in giving a decision the Officer Commanding the District shall record briefly the grounds therefor. (2) \tNotice of the result of the appeal shall be given to the appellant as soon as may be, and, where the appellant is a tenant of the house, to the owner of the house also.",
"name": "Order in appeal final",
"related_acts": "",
"section_id": 25
},
{
"act_id": 128,
"details": "33. \tWhere an appeal has been presented under section 30 within the period prescribed therein, all action on the notice shall, on the application of the appellant, be held in abeyance pending the decision of the appeal.",
"name": "Suspension of action pending appeal",
"related_acts": "",
"section_id": 26
},
{
"act_id": 128,
"details": "34. \tEvery notice or requisition prescribed by this Act shall be in writing, signed by the person by whom it is given or made or by his duly appointed agent, and may be served by post on the person to whom it is addressed, or, in the case of an owner who does not reside in or near the cantonment, on his agent appointed in accordance with a bye-law made under clause (29) of section 282 of the Cantonments Act, 1924.",
"name": "Service of notice and requisition",
"related_acts": "133",
"section_id": 27
},
{
"act_id": 128,
"details": "934A. The period prescribed for making any reference or preferring any appeal under this Act shall be computed in accordance with the provisions of the Limitation Act, 1908.",
"name": "Computation of periods of limitation",
"related_acts": "88",
"section_id": 28
},
{
"act_id": 128,
"details": "35.(1) The Government may make rules to carry out the purposes and objects of this Act. (2) \tIn particular and without prejudice to the generality of the foregoing power, such rules may- 10* * * (b) \tdefine the powers of entry, inspection, measurement or survey which may be exercised in carrying out the purposes and objects of this Act or of any rule made hereunder.",
"name": "Power for Government to make rules",
"related_acts": "",
"section_id": 29
},
{
"act_id": 128,
"details": "36.(1) The power to make rules under section 35 shall be subject to the condition of the rules being made after previous publication and of their not taking effect until they have been published in the official Gazette and in such other manner (if any) as the Government may direct. (2) \tAny rule under section 35 may be general for all cantonments or parts of cantonments in Bangladesh in which this Act is for the time being operative, or may be special for any of such cantonment or parts as the Government may direct. (3) \tA copy of the rules under section 35 for the time being in force in a cantonment shall be kept open to inspection free of charge at all reasonable times in the office of the Cantonment Board. (4) \tIn making any rule under clause (b) of sub-section (2) of section 35, the Government may direct that whoever obstructs any person, not being a public servant within the meaning of section 21 of the 11Penal Code, in making any entry, inspection, measurement or survey, shall be punishable with fine which may extend to fifty Taka, and, in the case of a continuing offence, with fine which, in addition to such fine as aforesaid, may extend to five Taka for every day after the first during which such offence continues",
"name": "Further provisions respecting rules",
"related_acts": "",
"section_id": 30
},
{
"act_id": 128,
"details": "37. \tNo Judge or Magistrate shall be deemed, within the meaning of section 556 of the Code of Criminal Procedure, 1898, to be a party to, or personally interested in, any prosecution for an offence constituted by or under this Act merely because he is a member of the Cantonment Board or has ordered or approved the prosecution.",
"name": "Inapplicability of section 556 of the Code of Criminal Procedure, 1898, to trials of offences",
"related_acts": "75",
"section_id": 31
},
{
"act_id": 128,
"details": "38. \tNo suit or other legal proceeding shall lie against any person for anything in good faith done, or intended to be done, under this Act or in pursuance of any lawful notice or order issued under this Act.",
"name": "Protection to persons acting under Act",
"related_acts": "",
"section_id": 32
},
{
"act_id": 128,
"details": "39. \tRepealed by section 2 and Schedule of the Repealing Act, 1927 (Act No. XII of 1927).",
"name": "Repealed",
"related_acts": "",
"section_id": 33
}
],
"text": "♣An Act further to amend and to consolidate the law relating to the provision of house-accommodation for military officers in cantonments. WHEREAS it is expedient further to amend and to consolidate the law relating to the provision of house-accommodation for military officers in cantonments; It is hereby enacted as follows:-"
} |
{
"id": 129,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the words \"Bangladesh\", \"Government\" and \"Taka\" were substituted, for the words \"Pakistan\", \"Central Government\" and \"rupees\" respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The words \"High Court Division\" were substituted, for the words \"High Court\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The words \"or in an Acceding State or non-Acceding State\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"4 The words \"or State\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"5 The words, brackets, commas and figure \"before the commencement of the Indian Naval Armament (Amendment) Act, 1937,\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"6 The words \"any Acceding State or non-Acceding State\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"7 The words \"or State\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"8 The words \"the High Court Division\" were substituted, for the words \"a High Court\" and \"the High Court\" respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"9 The words \"the High Court Division\" were substituted, for the words \"a High Court\" and \"the High Court\" respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Naval Armament Act, 1923",
"num_of_sections": 14,
"published_date": "5th March, 1923",
"related_act": [
129,
75,
430,
86
],
"repelled": false,
"sections": [
{
"act_id": 129,
"details": "1.(1) This Act may be called the Naval Armament Act, 1923. (2) \tIt extends to the whole of Bangladesh. (3) \tIt shall come into force on such date as the Government may, by notification in the official Gazette, appoint.",
"name": "Short title, extent and commencement",
"related_acts": "129",
"section_id": 1
},
{
"act_id": 129,
"details": "2. \tIn this Act, unless there is anything repugnant in the subject or context,- (a) \t\"competent Court\" means the 2High Court Division or such other Court having unlimited original civil jurisdiction as the Government may declare to be a competent Court for the purposes of this Act; (b) \t\"ship\" means any boat, vessel, battery or craft, whether wholly or partly constructed, which is intended to float or is capable of floating, on water, and includes all equipment belonging to any ship; and (c) \t\"the Treaty\" means the Treaty for the Limitation of Naval Armament and for the Exchange of Information concerning Naval construction signed in London on behalf of His Majesty on the twenty-fifth day of March, 1936.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 129,
"details": "3. \tNo person shall, except under and in accordance with the conditions of a licence granted under this Act,- (a) \tbuild any vessel of war, or alter, arm or equip any ship so as to adapt her for use as a vessel of war; or (b) \tdispatch or deliver, or allow to be dispatched or delivered, from any place in Bangladesh any ship which has been, either wholly or partly, built, altered, armed or equipped as a vessel of war in any part of His Majesty's Dominions 3* * * otherwise than under and in accordance with any law for the time being in force in that part 4* * *.",
"name": "Restriction on building or equipping vessels of war",
"related_acts": "",
"section_id": 3
},
{
"act_id": 129,
"details": "4.(1) A licence under this Act for any of the purposes specified in section 3 may be granted by the Government, and shall not be refused unless it appears to the Government that such refusal is necessary for the purpose of securing the observance of the obligations imposed by the Treaty; and, where a licence is granted subject to conditions, the conditions shall be such only as the Government may think necessary for the purpose aforesaid. (2) \tAn application for a licence under this section shall be in such form and shall be accompanied by such designs and particulars as the Government may, by general or special order, require. (3) \tAny person who, in pursuance of a license granted under sub-section (1) 5* * * is engaged in building any vessel of war or in altering, arming or equipping any ship so as to adapt her for use as a vessel of war, or is about to dispatch or deliver, or allow to be dispatched or delivered, from any place within Bangladesh any ship which has been so built, altered, armed or equipped, either entirely or partly, within Bangladesh, shall, upon written demand, furnish to the Government such designs and particulars as may be required by the Government for the purpose of securing the observance of the obligations imposed by the Treaty.",
"name": "Licences",
"related_acts": "",
"section_id": 4
},
{
"act_id": 129,
"details": "5.(1) If any person contravenes any of the Provisions of section 3 or fails to comply with the provisions of sub-section (3) of section 4, he shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to one thousand taka, or with both. (2) \tWhere an offence punishable under sub-section (1) has been committed by a company or corporation, every director and manager of such company or corporation shall be punishable thereunder unless he proves that the act constituting the offence took place without has knowledge and consent. (3) \tNothing contained in section 517 or section 518 or section 520 of the Code of Criminal Procedure, 1898, shall be deemed to authorise the destruction or confiscation under the order of any Criminal Court of any ship which is liable to forfeiture under this Act or of any part of such ship.",
"name": "Offences against the Act",
"related_acts": "75",
"section_id": 5
},
{
"act_id": 129,
"details": "6. \tAny ship which has been, either wholly or partly, built altered, armed, or equipped as a vessel of war in Bangladesh in contravention of section 3, or in any part of His Majesty's Dominions or 6* * * in contravention of any like provision of law in force in that part 7* * *, shall, if found in Bangladesh, be liable to forfeiture under this Act.",
"name": "Liability of ships to forfeiture",
"related_acts": "",
"section_id": 6
},
{
"act_id": 129,
"details": "7.(1) Where a ship is liable to forfeiture under this Act,- (a) \tany Magistrate of the 1st class, or (b) \tany commissioned officer on full pay in the armed forces of Bangladesh, or (c) \tany officer of customs or police-officer not below such rank as may be designated in this behalf by the Government, may seize such ship and detain it, and, if the ship is found at sea within the territorial waters of Bangladesh, may bring it to any convenient port in Bangladesh. (2) \tAny officer taking any action under sub-section (1) shall forthwith report the same through his official superiors to the Government. (3) \tThe Government shall, within thirty days of the seizure, either cause the ship to be released or made or cause to be made, in the manner, hereinafter provided, an application for the forfeiture thereof, and may make such orders for the temporary disposal of the ship as it thinks suitable.",
"name": "Seizure, detention and search of ships",
"related_acts": "",
"section_id": 7
},
{
"act_id": 129,
"details": "8.(1) an application for the forfeiture of a ship under this Act may be made by, or under authority from, the Government to any competent Court within the local limits of whose jurisdiction the ship is for the time being. (2) \tOn receipt of any such application, the Court shall cause notice thereof and of the date fixed for the hearing of the application to be served upon all persons appearing to it to have an interest in the ship, and may give such directions for the temporary disposal of the ship as it thinks fit. (3) \tFor the purpose of disposing of an application under this section, the Court shall have the same powers and follow, as nearly as may be, the same procedure as it respectively has and follows for the purpose of the trial of suits under the Code of Civil Procedure, 1908, and any order made by the Court under this section shall be deemed to be a decree, and the provisions of the said Code in regard to the execution of decrees shall, as far as they are applicable, apply accordingly. (4) \tWhere the Court is satisfied that the ship is liable to forfeiture under this Act, it shall pass an order forfeiting the ship to Government: Provided that, where any person having an interest in the ship proves to the satisfaction of the Court that he has not abetted, or connived at, or by his negligence facilitated, in any way, a contravention of section 3 in respect of the ship, and such ship has not been built as a vessel of war, it may pass such other as it thinks fit in respect of the ship or, if it be sold, of the sale proceeds thereof: Provided, further, that in no case shall any ship which has been altered, armed or equipped as a vessel of war be released until it has been restored, to the satisfaction of the Government, to such condition as not to render it liable to forfeiture under this Act. (5) \tThe Government or any person aggrieved by any order of a Court, other than 8the High Court Division, under this section may within three months of the date of such order, appeal to 9the High Court Division.",
"name": "Procedure in forfeiture of ships",
"related_acts": "86",
"section_id": 8
},
{
"act_id": 129,
"details": "9. \tWhere a ship has been forfeited to Government under section 8, it may be disposed of in such manner as the Government directs: Provided that, where the ship is sold under this section, due regard shall be had to the obligations imposed by the Treaty.",
"name": "Disposal of forfeit",
"related_acts": "",
"section_id": 9
},
{
"act_id": 129,
"details": "10. \tIf, in any triall, appeal or other proceeding under the foregoing provisions of this Act, any question arises as to whether a ship is a vessel of war or whether any alteration, arming or equipping of a ship is such as to adapt it for use as a vessel of war, the question shall be referred to and determined by the Government, whose decision shall be final and shall not be questioned in any court.",
"name": "Special proof of relevant facts",
"related_acts": "",
"section_id": 10
},
{
"act_id": 129,
"details": "11.(1) Where a ship which has been seized or detained under section 7 or section 8 and has not been released by competent authority under this Act proceeds to sea, the master of the ship shall be punishable with fine which may extend to one thousand Taka, and the owner and any person who sends the ship to sea shall be likewise so punishable unless such owner or person proves that the offence was committed without his knowledge and consent. (2) \tWhere any ship so proceeding to sea takes to sea, when on board thereof in the execution of his duty, any officer empowered by this Act to seize and detain, the owner and master shall further each be liable, on the order of the Court trying an offence punishable under sub-section (1), to pay all the expenses of and incidental to such officer being taken to sea, and shall further be punishable with fine which may extend to one hundred Taka for every day until such officer returns or until such time as would enable him after leaving the ship to return to the port from which he was taken. (3) \tAny expenses ordered to be paid under sub-section (2) may be recovered in the manner provided in the Code of Criminal Procedure, 1898, for the recovery of a fine.",
"name": "Penalties for proceeding to sea after seizure",
"related_acts": "75",
"section_id": 11
},
{
"act_id": 129,
"details": "12.(1) Any person empowered by this Act to seize and detain any ship may, at any reasonable time by day or night, enter any dockyard, shipyard or other place and make inquiries respecting any ship which he has reason to believe is liable to forfeiture under this Act, and may search such ship with a view to ascertaining whether the provisions of this Act have been or are being duly observed in respect thereof, and every person in charge of or employed in such place shall on request be bound to give the person so empowered all reasonable facilities for such entry and search and for making such inquiries. (2) \tThe provisions of sections 101, 102, and 103 of the Code of Criminal Procedure, 1898, shall apply in the case of all searches made under this section.",
"name": "Power to enter dockyards, etc.",
"related_acts": "75",
"section_id": 12
},
{
"act_id": 129,
"details": "13. \tNo Court inferior to that of a Magistrate of the first class shall proceed to the trial of any offence punishable under this Act, and no Court shall proceed to the trial of any such offence except on complaint made by, or under authority from, the Government.",
"name": "Courts by which and conditions subject to which offences may be tried",
"related_acts": "",
"section_id": 13
},
{
"act_id": 129,
"details": "14. \tNo prosecution, suit or other legal proceeding shall lie against any person for anything in good faith done or intended to be done under this Act.",
"name": "Indemnity",
"related_acts": "",
"section_id": 14
}
],
"text": "1♣An Act to give effect in Bangladesh to the Treaty for the Limitation of Naval Armament. WHEREAS it is expedient to give effect in Bangladesh to the Treaty for the Limitation of Naval Armament and for the Exchange of Information concerning Naval Construction signed in London on behalf of His Majesty on the twenty-fifth day of March, 1936; It is hereby enacted as follows:-"
} |
{
"id": 130,
"lower_text": [
"1 The word \"Bengal\" was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The words and comma \"Paurashava, Zilla Board\" were substituted, for the words and comma \"Municipal Committee, District Council\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 Clause (v) was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"4 The words \"Penal Code\" were substituted, for the words \"Pakistan Penal Code\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"5 The words \"Penal Code\" were substituted, for the words \"Pakistan Penal Code\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"6 The word \"Provincial\" was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"7 The words \"Penal Code\" were substituted, for the words \"Pakistan Penal Code\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Aerial Ropeways Act, 1923",
"num_of_sections": 42,
"published_date": "29th August, 1923",
"related_act": [
430
],
"repelled": false,
"sections": [
{
"act_id": 130,
"details": "1.(1) This Act may be called the 1* * * Aerial Ropeways Act 1923. (2) \tIt extends to the whole of Bangladesh. (3) \tIt shall come into force on such date as the Government may, by notification in the official Gazette, direct.",
"name": "Short title, local extent and commencement",
"related_acts": "",
"section_id": 1
},
{
"act_id": 130,
"details": "2. \tIn this Act, unless there is anything repugnant in the subject or context,- (1) \t\"aerial ropeway\" means an aerial ropeway (or any portion thereof) for the carriage of passengers, animals or goods, and includes all posts, ropes, carriers, stations, offices, warehouses, workshops, machinery and other works used for the purposes of, or in connection with, and all land appurtenant to, such aerial ropeway; (2) \t\"carrier\" means any vehicle or receptacle hung or suspended from, or hauled by, a rope and used for the carriage of passengers, animals or goods or for any other purpose in connection with the working of an aerial ropeway; (3) \t\"Collector\" means the chief officer in charge of the land-revenue administration of a district, and includes any officer specially appointed by the Government to discharge the functions of a Collector under this Act; (4) \t\"Inspector\" means an Inspector of aerial ropeways appointed under this Act; (5) \t\"local authority\" means a 2Paurashava, Zilla Board, body of Port Commissioners or other authority legally entitled to, or entrusted by the Government with the control or management of a municipal or local fund; (6) \t\"order\" means an order authorising the construction of an aerial ropeway under this Act; (7) \t\"post\" means a post, trestle, standard, strut, stay or other contrivance or part of a contrivance for carrying, suspending or supporting a rope; (8) \t\"prescribed\" means prescribed by rules made by the Government under section 42; (9) \t\"promoter\" means- (i) \tthe Government, (ii) \ta local authority, (iii) \tany person, (iv) \tany company incorporated under the Companies Act, 1913, or 3* * * in whose favour an order has been made under section 7 or under section 28, or on whom the rights and liabilities conferred and imposed on the promoter by this Act, and by rules and orders made under this Act as to the construction, maintenance and use of the aerial ropeway, have devolved or have been imposed by section 40; (10) \t\"rate\" includes any fare, charge or other payment for the carriage of passengers, animals or goods on an aerial ropeway; and (11) \t\"rope\" includes any cable, wire, rail or way, whether flexible or rigid, for suspending carrying or hauling a carrier, if any part of such cable, wire, rail or way is carried overhead and is suspended from, or supported on, posts.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 130,
"details": "3. \tEvery application by an intending promoter other than the Government for permission to undertake the necessary preliminary investigations in regard to a proposed aerial ropeway for the public carriage of passengers, animals or goods shall be submitted to the Government.",
"name": "Application for concession",
"related_acts": "",
"section_id": 3
},
{
"act_id": 130,
"details": "4. \tEvery such application shall include - (a) \ta description of the undertaking and of the route to be followed by the proposed aerial ropeway; (b) \ta description of the system of construction and management and of the advantages to the community to be expected from the ropeway; (c) \tan estimate of the cost of construction thereof; (d) \ta statement of the estimated working expenses and profits in respect thereof; (e) \ta statement of the maximum and minimum rates which it is proposed to charge; (f) \tsuch maps, plans, sections and drawings in connection therewith as the Government may require in order to form an idea of the proposal.",
"name": "Contents of application",
"related_acts": "",
"section_id": 4
},
{
"act_id": 130,
"details": "5. \tSubject to the provisions of this Act, and of section 4 of the Land Acquisition Act, 1894, the Government may at their discretion, accord sanction to the intending promoter to make such surveys as may be necessary, and require him to submit such detailed estimates, plans, sections and specifications and such further information as they may deem necessary for the full consideration of the proposal. The intending promoter shall not be entitled to claim any compensation from Government for any expense incurred under this section in the event of his application being ultimately refused.",
"name": "Preliminary investigations",
"related_acts": "",
"section_id": 5
},
{
"act_id": 130,
"details": "6.(1) The Government may, on application made by any intending promoter, and after due consideration of the details supplied in accordance with section 5, publish in the official Gazette a draft of the proposed order authorising the construction by, or on behalf of, such promoter, subject to such restrictions and conditions as the Government may think proper, of an aerial ropeway within any specified area or along any specified route- (a) \tfor the public carriage of passengers; (b) \tfor the public carriage of passengers, animals and goods; or (c) \tfor the public carriage of animals and goods. (2) \tA notice shall be published with the draft order stating that any objection or suggestion which any person may desire to make with respect to the proposed order, if submitted to the Government within such period, not being less than two months from the date of such publication, as may be specified in the notice, will be received and considered. (3) \tThe Government shall also cause public notice of the intention to make the order to be given at convenient places within the said area of along the said route, and shall, so far as may be conveniently possible, cause a like notice to be served on every owner or occupier of land over which such route lies, and shall consider any objection or suggestion, with respect to the proposed order, which may be received from any person within the date specified in such notice and decide thereon. (4) \tThe draft of the proposed order may specify- (i) \ta time within which the capital required for the construction of the aerial ropeway shall be raised; (ii) \ta time within which the construction shall be commenced; (iii) \ta time within which the construction shall be completed; (iv) \tthe conditions under which a concession, guarantee or financial assistance may be given by the Government or a local authority to the promoter; (v) \tthe rights of purchase by the Government or by a local authority; (vi) \tthe conditions relating to the structural design, quality of materials, factors of safety, method of computing stresses, and other such technical details as may be considered necessary; (vii) \tthe conditions relating to the construction of the ropeway over mining properties in accordance with rules made under section 42 and over roads and other public ways of communication; (viii) \tthe conditions under which the promoter may sell or transfer his rights to the Government or to a local authority, company or person; (ix) \tthe conditions under which the ropeway may be taken over by the Government to be worked by itself or by a local authority or by a company or person other than the promoter; (x) \tthe motive power to be used on the ropeway and the conditions (if any) on which such power may be used; (xi) \tthe minimum headway to be maintained under different parts of the rope; (xii) \tthe points under the rope at which bridges or guards shall be constructed and maintained; (xiii) \tthe amount of security (if any) to be deposited by the promoter in the event of his application being granted; (xiv) \tthe traffic which may be carried on the ropeway, the traffic which the promoter shall be bound to carry, and the traffic which he may refuse to carry; (xv) \tthe maximum and minimum rates that may be charged by the promoter and the circumstances in which and the manner in which these rates may be revised by the Government; and (xvi) \tsuch other matters as the Government may deem necessary.",
"name": "Order authorising construction and contents of such order",
"related_acts": "",
"section_id": 6
},
{
"act_id": 130,
"details": "7.(1) If, after considering any objections or suggestions which may have been made in respect to the draft on or before the specified date, the Government are of opinion that the application should be granted with or without modifications, or subject or not to any restrictions or conditions, they shall make an order accordingly. (2) \tEvery order authorising the construction of an aerial ropeway for the public carriage of passengers, animals or goods shall be published in the official Gazette, and such publication shall be conclusive proof that order has been made as required by this section.",
"name": "Final order",
"related_acts": "",
"section_id": 7
},
{
"act_id": 130,
"details": "8. \tIf a promoter authorised by an order to construct an aerial ropeway for the public carriage of passengers, animals or goods does not, within the time specified in the order,- (a) \tsucceed in raising the full amount of capital required for the completion of the ropeway, or (b) \tsubstantially commence the construction of the ropeway, or (c) \tcomplete the construction thereof, the powers given to the promoter by such order shall, unless the Government prolongs the time so specified, cease to be exercised.",
"name": "Cessation of powers given by an order",
"related_acts": "",
"section_id": 8
},
{
"act_id": 130,
"details": "9. \tWhen the construction of an aerial ropeway has been authorised under this Act, for the public carriage of animals and goods only, the Government may, on application made by the promoter, sanction the opening of such ropeway for the public carriage of passengers also.",
"name": "Opening of aerial ropeway to passenger traffic",
"related_acts": "",
"section_id": 9
},
{
"act_id": 130,
"details": "10.(1) No aerial ropeway intended for the public carriage of passengers, animals or goods shall be opened for any kind of traffic until the Government or an Inspector empowered by the Government in this behalf has, by and order, sanctioned the opening thereof for that purpose. The sanction of the Government under this section shall not be given until an inspection has, after inspector of the ropeway, reported in writing to the Government- (a) \tthat he has made a careful inspection of the ropeway and appurtenances; (b) \tthat the moving and fixed dimensions and other conditions prescribed under sub-section (4) of section 6 and sub-section (1) of section 7 have been complied with; (c) \tthat the ropeway is sufficiently equipped for the traffic for which it is intended; (d) \tthat the bye-laws and rules prescribed by section 27 and 42 have been duly made, approved and published; and (e) \tthat the ropeway is, in his opinion, fit for public traffic and can be used without danger either to the persons, animals or goods carried thereon, or to the persons employed thereon, or to the general public. (2) \tThe provisions of sub-section (1) shall extend to the opening of additional sections of the ropeway, and to deviation lines and any alteration or re-construction materially affecting the structural character of any work to which the provisions of sub-section (1) apply or are extended by this sub-section.",
"name": "Inspection of aerial ropeway before opening",
"related_acts": "",
"section_id": 10
},
{
"act_id": 130,
"details": "11.(1) The Government may appoint such persons as they deem fit to be Inspectors of aerial ropeways for the public carriage of passengers, animals or goods, and may fix the fees to be charged to promoters for the performance by Inspectors of their duties under this Act. (2) \tIt shall be the duty of any such Inspector from time to time to inspect such ropeways, and to determine whether they are maintained in a fit condition and worked with due regard to the convenience and safety of the persons using them and of the general public, and consistently with the provisions of this Act.",
"name": "Appointment and duties of Inspectors",
"related_acts": "",
"section_id": 11
},
{
"act_id": 130,
"details": "12. \tAn Inspector shall, for the purpose of any of the duties which he is authorised or required to perform under this Act, be deemed to be a public servant within the meaning of the 4Penal Code, and shall, for that purpose, have such powers as may be prescribed.",
"name": "Powers of Inspectors",
"related_acts": "",
"section_id": 12
},
{
"act_id": 130,
"details": "13. \tThe promoter, and his servants and agents, shall afford to an Inspector all reasonable facilities for performing the duties and exercising the powers imposed and conferred upon him by this Act, or by rules made thereunder.",
"name": "Facilities to be afforded to Inspectors",
"related_acts": "",
"section_id": 13
},
{
"act_id": 130,
"details": "14.(1) Subject to the provisions of, and to the rules made under, this Act, and, in the case of immovable property not belonging to the promoter, to the provisions of any enactment for the time being in force for the acquisition of land for public purposes and for companies, a promoter of an aerial ropeway for public traffic may- (a) \tmake such survey as he thinks necessary; (b) \tplace and maintain posts in or upon any immovable property; (c) \tsuspend and maintain a rope over, along or across any immovable property; (d) \tmake such bridges, culverts, drains, embankments and roads as may be necessary; (e) \terect and construct such machinery, offices, stations, warehouses and other buildings, works and conveniences as may be necessary; and (f) \tdo all other acts necessary for constructing, maintaining, altering, repairing and using the aerial ropeway: Provided that a promoter may take any action under clause (b) or clause (c) of this sub-section, notwithstanding the objection of the owner or occupier of the property affected thereby if the Collector, after giving such owner and occupier by notice in writing an opportunity of being heard, by an order in writing, permits such action. (2) When making an order under the proviso to sub-section (1), the Collector shall fix the amount of Compensation or of annual rent or of both which should, in his opinion, be paid by the promoter to the owner of the property affected thereby, or, in the case of immovable property, to the owner or occupier thereof.",
"name": "Authority of promoter to execute all necessary works",
"related_acts": "",
"section_id": 14
},
{
"act_id": 130,
"details": "15.(1) Subject to the rules made under this Act a promoter may, at any time, for the purpose of examining, repairing or altering an aerial ropeway for public traffic or of preventing any accident, enter upon any immovable property adjoining such ropeway, and may do all such works as may be necessary for such purpose. (2) \tIn the exercise of the powers conferred by sub-section (1), the promoter shall cause as little damage as possible and compensation shall be paid by him for any damage so caused; and, in a case of dispute as to the amount of such compensation, or the person to whom it shall be paid, the matter shall be referred to the decision of the Collector.",
"name": "Temporary entry upon land for repairing or preventing accident",
"related_acts": "",
"section_id": 15
},
{
"act_id": 130,
"details": "16.(1) Where any tree standing or lying near an aerial ropeway for public traffic, or where any structure or other object which has been placed or has fallen near any such ropeway subsequently to the issue of an order under section 7 in regard to such ropeway, interrupt or interferes with, or is likely to interrupt or interfere with, the construction, maintenance, alteration or use of the ropeway, the Collector may, on the application of the promoter, cause the tree, structure or object to be removed or otherwise dealt with as he thinks fit. (2) \tWhen disposing an application under sub-section (1), the Collector shall, in the case of any tree in existence before the construction of the aerial ropeway, award to the person interested in the tree such compensation, if any, as the thinks reasonable, and the Collector may recover the same from the promoter in the same manner as an arrear of land revenue. Explanation- For the purposes of this section, the expression \"tree\" shall be deemed to include any shrub, hedge, jungle-growth or other plant.",
"name": "Removal of trees, structures, etc.",
"related_acts": "",
"section_id": 16
},
{
"act_id": 130,
"details": "17.\tNo suit shall lie, in respect of any matter referred to in the proviso to sub-section (1) section 14, sub-section (2) of section 14, section 15 or sub-section (1) of section 16, but every order made by a Collector under any of those sections, and every award made by him under sub-section (2) of section 16, shall be subject to revision by the Government except in the case of an award of compensation made by the Collector on account of action taken under clause (c) of sub-section (1) of section 14, which award shall be subject to revision by the District Judge.",
"name": "Orders of Collector subject to revision by Government",
"related_acts": "",
"section_id": 17
},
{
"act_id": 130,
"details": "18. \tThe promoter of an aerial ropeway for public traffic shall, for the purposes of working an aerial ropeway, and subject to such maximum and minimum rates as may be prescribed, have power from time to time fix the rates for the carriage of passengers, animals or goods on the aerial ropeway.",
"name": "Promoter may fix rates",
"related_acts": "",
"section_id": 18
},
{
"act_id": 130,
"details": "19. \tNo promoter shall, for the purposes of working an aerial ropeway for public traffic, make or give any undue or unreasonable preference or advantage to, or in favour of, any particular person or any particular description of traffic in any respect whatsoever, or subject any particular person or any particular description of traffic to any undue or unreasonable prejudice or disadvantage in any respect whatsoever.",
"name": "Duty of promoter to work aerial ropeway without partiality",
"related_acts": "",
"section_id": 19
},
{
"act_id": 130,
"details": "20. \tWhen any of the following accidents occur in the course of working an aerial ropeway for public traffic, namely:- (a) \tany accident attended with loss of human life or with grievous hurt as defined in the 5Penal Code, or with serious injury to property; (b) \tany accident of a description usually attended with loss of human life or with such grievous hurt as aforesaid or with serious injury to property; (c) \tany accident of any other description which the Government may specify in this behalf in the rules made under this Act; the promoter shall, without unnecessary delay, send notice of the accident to the Government and to the Inspector of the aerial ropeway; and the promoter's servant in charge of the station on the aerial ropeway nearest to the place at which the accident occurred or, where there is no station, the promoter's servant in charge of the section of the aerial ropeway on which the accident occurred shall, with the least possible delay, give notice of the accident to the Magistrate of the district in which the accident occurred and to the officer in charge of the police-station within the local limits of which it occurred, or to such other Magistrate and police-officer as the Government may appoint in this behalf.",
"name": "Reporting of accidents",
"related_acts": "",
"section_id": 20
},
{
"act_id": 130,
"details": "21.(1) If, after inspecting any aerial ropeway opened to public traffic, an Inspector is of opinion that the ropeway or any specified part thereof cannot be used without danger to the public, or is no longer in a fit state for the carriage of any specified class of traffic, he shall state that opinion, together with the grounds therefor, to the Government; and the Government, after such further inquiry, if any, as they may think fit, may thereupon order that, for reasons to be set forth in the order, the aerial ropeway, or the part thereof so specified, be closed to all traffic or to any specified class of traffic: Provided that, in any case of extreme urgency, the Inspector may order the suspension of the working of the ropeway or any part thereof which he considers necessary, pending the orders of the Government on the case. (2) \tWhen, under sub-section (1), an aerial ropeway or any part thereof has been closed to any traffic, it shall not be reopened to such traffic until it has been inspected, and its reopening sanctioned, in the prescribed manner.",
"name": "Power to close and re-open aerial ropeway",
"related_acts": "",
"section_id": 21
},
{
"act_id": 130,
"details": "22. \tIf, at any time after the opening of an aerial ropeway for public traffic, it is proved to the satisfaction of the Government that the promoter has, for three months, discontinued the working of the ropeway or of any part thereof, without a reason sufficient, in the opinion of the Government, to warrant such discontinuance, the Government, if they think fit, may declare that the powers of the promoter in respect of such aerial ropeway or part thereof shall be at an end; and thereupon the said powers shall cease and determine.",
"name": "Cessation of powers of promoter on discontinuance of aerial ropeway",
"related_acts": "",
"section_id": 22
},
{
"act_id": 130,
"details": "23.(1) When a declaration has been made under section 22, in respect of any aerial ropeway or of any part thereof, an officer appointed in that behalf by the Government may, at any time after the expiration of two months from the date determined as aforesaid, remove such aerial ropeway or part thereof, as the case may be; and the promoter shall pay to the officer so appointed such costs of removal as shall be certified by that officer to have been incurred by him. (2) \tIf the promoter fails to pay the amount of costs so certified within one moth after the delivery to him of the certificate or of a copy thereof, such officer may, without any previous notice to the promoter and without prejudice to any other remedy which he may have for the recovery of the said amount, sell and dispose of the materials of the aerial ropeway or part thereof so removed; and may, out of the proceeds of the sale, pay and reimburse himself the amount of costs certified as aforesaid and of the costs of the sale; and shall pay over the residue (if any) of such proceeds to the promoter.",
"name": "Power of removal of aerial ropeway on cessation of promoter's powers",
"related_acts": "",
"section_id": 23
},
{
"act_id": 130,
"details": "24.(1) When an order under section 7 has been made in favour of a promoter of an aerial ropeway for public traffic, not being the Government, or a local authority, the Government, or a local authority specified in the order published under section 7, shall, on the expiration of such period, not exceeding fifty years, and of every such subsequent period, not exceeding twenty years, as shall be specified in such order, have the option of purchasing the undertaking, and if the Government, or the local authority with the previous sanction of the Government, elect to purchase, the promoter shall sell the undertaking to the Government or to the local authority as the case may be, on payment of the value of all lands, buildings, works, materials, plant and apparatus of the promoter, suitable to, and used by him for the purposes of, the undertaking, such value to be in case of difference or dispute determined by arbitration: Provided that the value of such lands, buildings, works, materials, plant and apparatus shall be deemed to be their fair market value at the time of purchase, due regard being had to the nature and condition for the time being of such lands, buildings, works, materials, plant and apparatus, and to the state of repair thereof, and to the circumstance that they are in such a position as to be ready for immediate working, and to the suitability of the same for the purposes of the undertaking: Provided also that there shall be added to such value, as aforesaid, such percentage, if any, not exceeding twenty per cent. of that value, as may be specified in the order passed under section 7, on account of compulsory purchase. (2) \tWhere a purchase has been effected under sub-section (1)- (a) \tthe undertaking shall vest in the purchasers free from any debts, mortgages or similar obligations of the promoter or attaching to the undertaking: Provided that any such debts, mortgages or similar obligations shall attach to the purchase money in substitution for the undertaking; and (b)\tsave as aforesaid, the order published under section 7 shall remain in full force, and the purchaser shall be deemed to be the promoter: . Provided that where the Government elects to purchase, the order under section 7 shall, after purchase, in so far as the Government is concerned, cease to have any further operation. (3) \tNot less than two years' notice in writing of any election to purchase under this section shall be served upon the promoter by the Government or the local authority, as the case may be. (4) \tNotwithstanding anything hereinbefore contained, a local authority may, with the previous sanction of the Government, waive its option to purchase, and enter into an agreement with the promoter for the working by him of the undertaking until the expiration of the next subsequent period referred to in sub-section (1) upon such terms and conditions as may be stated in the agreement.",
"name": "Power of Government and local authorities to purchase aerial ropeway for public traffic",
"related_acts": "",
"section_id": 24
},
{
"act_id": 130,
"details": "25. \tWhere, on the expiration of any of the periods referred to in section 24, neither the Government nor a local authority purchases the undertaking, and the order published under section 7 is, on the application or with the consent of the promoter, revoked, the promoter shall have the option of disposing of all lands, buildings, works, materials, plant and apparatus belonging to the undertaking in such manner as he may think fit.",
"name": "Power to promoter to sell when option to purchase not exercised and order revoked by consent",
"related_acts": "",
"section_id": 25
},
{
"act_id": 130,
"details": "26.(1) If, at any time after the opening of an aerial ropeway for public traffic, it appears to the Government that the promoter is insolvent or is unable to maintain the ropeway, or to work the same with advantage to the public, or at all, the Government may declare that the powers of the promoter in respect of such aerial ropeway, shall, at the expiration of six months from the date of such declaration, be at an end; and thereupon the said powers shall, at the expiration of that period, cease and determine. (2) At any time after the expiration of the said six months, an officer appointed by the Government in that behalf, may,notwithstanding anything contained in the6* * * Insolvency Act, 1920, remove the aerial ropeway in the same manner and subject to the same provisions as to the payment of costs and to the same remedy for the recovery thereof, in every respect, as in cases of removal under section 23.",
"name": "Proceedings in case of inability or insolvency of promoter",
"related_acts": "",
"section_id": 26
},
{
"act_id": 130,
"details": "27.(1) A promoter of an aerial ropeway for public traffic shall, subject to the provisions of sub-section (3), make bye-laws- (a) \tfor regulating the rate of speed at which carriers are to be moved or propelled; (b) \tfor declaring what shall be deemed to be dangerous or offensive goods, and for regulating the carriage of such goods; (c) \tfor regulating the maximum number of passengers and animals, and the maximum weight of goods, to be carried in each carrier; (d) \tfor regulating the use of steam-power, or any other mechanical power or electrical power, on the aerial ropeway; (e) \tfor regulating the conduct of the promoter's servants; (f) \tfor regulating the terms and conditions on which the promoter will warehouse or retain goods at any station on behalf of the consignee or owner of such goods; and (g) \tgenerally for regulating the travelling upon, and the use, working and management of, the aerial ropeway. (2) \tSuch bye-laws may provide that any person who contravenes the provisions of any of them shall be liable to fine which may extend to any sum not exceeding fifty Taka, and that, in the case of a breach of a bye-law made under clause (e) of sub-section (1), the promoter's servant responsible for the same shall forfeit a sum not exceeding one month's pay, which sum may be deducted by the promoter from his pay. (3) \tA bye-law made under this section shall not take effect until it has been confirmed by the Government and published in the official Gazette: Provided that no such bye-law shall be so confirmed until it has been previously published by the promoter in such manner as may be prescribed.",
"name": "Power of promoter to make bye-laws",
"related_acts": "",
"section_id": 27
},
{
"act_id": 130,
"details": "28.(1) Where the Government are satisfied that the construction, extension, working or management of an aerial ropeway for private traffic is likely to prove useful to the public by reason of its facilitating the transport of commodities in general use or is required for the conservation or service of undertakings supplying those commodities, and where the intending promoter of such aerial ropeway is desirous of obtaining any land for the purpose of such construction, extension, working or management, the Government may, on the application of such promoter, acquire on his behalf such land under the provisions of Part VII of the Land Acquisition Act, 1894, or procure the temporary occupation of the same under the provisions of Part VI of that Act, whether the said intending promoter is or is not a company as defined in that Act. (2) \tThe Government shall by notification in the official Gazette declare the commodities which shall be deemed to be commodities in general use for the purposes of sub-section (1).",
"name": "Application for acquisition of land in case of certain private aerial ropeways",
"related_acts": "",
"section_id": 28
},
{
"act_id": 130,
"details": "29.(1) No order shall be made by the Government under sub-section (1) of section 28 until an inquiry has been held as hereinafter provided and the intending promoter has entered into an agreement with the Government in respect of the matters mentioned in sub-section (4). (2) \tSuch inquiry shall be held by such officer and at such time and place as the Government shall appoint. (3) \tSuch officer may summon and enforce the attendance of witnesses and compel the production of documents by the same means and, as far as possible, in the same manner as is provided by the Code of Civil Procedure 1908, in the case of a Civil Court. (4) \tSuch officer shall report to the Government the result of the inquiry, and if the Government are satisfied that the ropeway is or is likely to be useful to the public, they shall, subject to any rules made under section 42, require the intending promoter to enter into an agreement with the Government, providing to the satisfaction of the Government for the following matters, namely:- (a) \tthe terms on which the ropeway shall be held by the promoter; (b) \tthe time within which, and the conditions on which, the ropeway shall be constructed, maintained and used. (5) \tEvery such agreement shall, as soon as may be after its execution, be published in the official Gazette.",
"name": "Agreement",
"related_acts": "",
"section_id": 29
},
{
"act_id": 130,
"details": "30. \tIf land is to be occupied temporarily in accordance with the provisions of sub-section (1) of section 28 on behalf of the promoter of an aerial reopeway for private traffic, and if the Government on the application of the promoter so direct, then the provisions of Part VI of the Land Acquisition Act, 1894, shall apply to such occupation, subject to the provisions that, notwithstanding anything contained in section 35 of the Land Acquisition Act, 1894, the occupation and use by the promoter of land occupied shall continue for such period, not exceeding ten years, as the Government may fix, and that the compensation payable to the persons interested in such land shall be fixed with due regard to any additional loss or inconvenience caused to them by reason of such period of occupation, including loss caused by the interruption of the getting of minerals by reason of such occupation.",
"name": "Temporary occupation of land in case of private aerial ropeway",
"related_acts": "",
"section_id": 30
},
{
"act_id": 130,
"details": "31. \tIf a promoter of an aerial ropeway for public traffic- (a) \tconstructs or maintains an aerial ropeway otherwise than in accordance with the terms of an order made under section 7, or (b) \topens an aerial ropeway or permits it to be opened in contravention of any of the provisions of section 10, or (c) \tfails to comply with the provisions of section 13, or (d) \tfails to pay within a reasonable time any compensation awarded by the Collector or by the Government under sections 14, 15, 16 or 17, or (e) \tcontravenes any of the provisions of section 19, or (f) \tfails to send notice of any accident as required by section 20, or (g) \tfails to close an aerial ropeway in accordance with an order passed under sub-section (1) of section 21, or re-opens any aerial ropeway in contravention of sub-section (2) of that section, or (h) \tcontinues to exercise the powers of a promoter in respect of any aerial ropeway, in contravention of the provisions of section 22 or section 26, or (i) \tfails comply with the provisions of section 27 or section 36, or (j) \tcontravenes any of the provisions of section 37, or (k) \tcontravenes the provisions of any rule made under section 42, he shall (without prejudice to the enforcement of specific performance of the requirements of this Act, or of any other remedy which may be obtained against him) be punishable with fine which may extend to two hundred taka, and, in the case of a continuing offence, to a further fine which may extend in the case of an offence specified in sub-clause (d), (e), (f), (i), (j) or (k) to fifty taka, and in the case of an offence specified in sub-clause (a), (b), (c), (g) or (h) to one thousand taka for every day after the first during which the offence continues to be committed.",
"name": "Failure of promoter to comply with Act",
"related_acts": "",
"section_id": 31
},
{
"act_id": 130,
"details": "32. \tIf any person without lawful excuse, the burden of proving which shall be upon him, wilfully obstructs any person acting under the authority of the promoter in the lawful exercise of his powers in constructing, maintaining, altering, repairing or working an aerial ropeway, or injures or destroys any mark made for the purpose of setting out the line or route of such ropeway, he shall be punished with fine which may extend to two hundred taka.",
"name": "Unlawfully obstructing promoter in exercise of his powers",
"related_acts": "",
"section_id": 32
},
{
"act_id": 130,
"details": "33. \tIf any person without lawful excuse, the burden of proving which shall be upon him, wilfully does any of the following things, namely:- (a) \tinterferes with, removes or alters any part of an aerial ropeway or of the works connected therewith, (b) \tdoes anything in such a manner as to obstruct any carrier travelling on an aerial ropeway, (c) \tattempts to do, or abets within the meaning of the 7Penal Code, the doing of anything mentioned in clause (a) or clause (b), he shall (without prejudice to any other remedy which may be obtained against him in a Court of Civil Judicature) be punishable with fine which may extend to two hundred taka.",
"name": "Unlawfully interfering with aerial ropeway",
"related_acts": "",
"section_id": 33
},
{
"act_id": 130,
"details": "34. \tIf any person does anything mentioned in clauses (a), (b) or (c) of section 33 or does, attempts to do, or abets, within the meaning of the Penal Code, the doing of any other act or thing in relation to an aerial ropeway with intent or with knowledge that he is likely to endanger the safety of any person travelling or being upon the aerial ropeway, he shall be punished with imprisonment for a term which may extend to fourteen years.",
"name": "Maliciously doing, abetting or attempting to do, act endangering safety of persons travelling or being upon aerial ropeway",
"related_acts": "",
"section_id": 34
},
{
"act_id": 130,
"details": "35.(1) If any person commits any offence under section 32 which obstructs the working of an aerial ropeway for public traffic, or commits any offence punishable with imprisonment under section 34, he may be arrested without warrant or other written authority by any servant of the promoter, or by any police-officer or by any other person whom such servant or officer may call to his aid. (2) \tA person so arrested shall, with the least possible delay, be taken before a Magistrate having authority to try him or to commit him for trial.",
"name": "Arrest for offences against certain sections",
"related_acts": "",
"section_id": 35
},
{
"act_id": 130,
"details": "36. \tA promoter of an aerial ropeway for public traffic shall, in respect of such ropeway submit to the Government returns of capital, receipts and traffic at such intervals and in such forms as may be prescribed.",
"name": "Returns",
"related_acts": "",
"section_id": 36
},
{
"act_id": 130,
"details": "37. \tNo promoter of an aerial ropeway shall, in the course of the construction, repair, working or management of such ropeway, cause any permanent injury to any public road, railway, tramway or waterway, or obstruct or interfere with, otherwise than temporarily, as may be necessary, the traffic on any public road, railway, tramway or waterway.",
"name": "Protection of roads, railways, tramways, and waterways",
"related_acts": "",
"section_id": 37
},
{
"act_id": 130,
"details": "38. \tThe Government may, if they think fit, on the application of any promoter of an aerial ropeway for public traffic desirous of obtaining any land for the purpose of constructing, working or managing such ropeway, direct that he may, subject to the provisions of this Act, acquire such land under the provisions of the Land Acquisition Act, 1894, in the same manner and on the same conditions as it might be acquired if the promoter were a company.",
"name": "Acquisition of land by a promoter",
"related_acts": "",
"section_id": 38
},
{
"act_id": 130,
"details": "39. \tNo person shall be entitled to a refund of an over charge in respect of animals or goods carried by an aerial ropeway for public traffic or to compensation for the loss, destruction or deterioration of animals or goods delivered to be so carried, unless his claim to the refund or compensation has been preferred in writing by him or in his behalf to the promoter within six months from the date of the delivery of the animals or goods for carriage by the ropeway.",
"name": "Limitation of claims for damage to animals or goods",
"related_acts": "",
"section_id": 39
},
{
"act_id": 130,
"details": "40.(1) Sections 1, 2, 11, 12, 13, 14, 15, 16, 20 and 21, clauses (c), (f), (g), (j) and (k) of section 31, sections 34, 35 and 37, and sub-sections (1) and (3) and clauses (b), (c), (d), (e), (g), (h), (m), (o), (p) and (q) of sub-section (2) of section 42 shall also apply to the private aerial ropeways constructed for the purposes referred to in section 28, whether constructed before or after the commencement of this Act: Provided that, in the application of section 16 to any such aerial ropeway, for the words \"the issue of an order under section 7\" the words \"the opening of the ropeway to traffic or the issue of a notification for the acquisition of, or an order for the temporary occupation of, land in accordance with the provisions of sub-section (1) of section 28, whichever is earlier,\" shall be deemed to be substituted. (2) \tClause (a), (c) and (e) of sub-section (1) and sub-section (2) of section 10 shall also apply to all such private aerial ropeways constructed after the commencement of this Act, and clause (b) of section 31 shall apply to such ropeways to the extent that section 10 applies thereto. (3) \tThe Government, on the application of the promoter or otherwise, may declare that the provisions of section 28 and of sub-section (1) of this section shall apply to any private aerial ropeway or class of private aerial ropeways for private traffic.",
"name": "Application of Act to certain private aerial ropeways",
"related_acts": "",
"section_id": 40
},
{
"act_id": 130,
"details": "41.(1) The Government shall, by notification in the official Gazette, constitute an Advisory Board for aerial ropeways. (2) \tSuch Board shall consist of a Chairman to be appointed by the Government who shall be a Chief Engineer to the Government, and two persons to be appointed by the Government as expert members. (3) \tWhen any person is aggrieved by an order of the Government under section 7 or under section 21, such person, on payment of the prescribed fees, may within thirty days of the order, apply to the Government for revision of the same, and the Government shall take the advice of the Advisory Board in the prescribed manner and shall consider such advice and pass such orders in the matter as to the Government shall seem just and proper. (4) \tWith a view to enabling the Board to tender their advice under sub-section (3) the Board, with the consent of the Government and on payment of such further fees as may be prescribed, may make such further inquiry into the matter as the Board may consider to be necessary. (5) \tThe Government may, by general or special order, (a) \tdefine the further duties of, and regulate the procedure of, the Advisory Board; (b) \tdetermine the tenure of office of the members of the Board; and (c) \tgive directions as to the payment of fees to, and the travelling expenses incurred by, any member of such Board in the performance of his duty.",
"name": "Power of Government to constitute an Advisory Board for aerial ropeways",
"related_acts": "",
"section_id": 41
},
{
"act_id": 130,
"details": "42.(1) The Government may, after previous publication, make rules to carry out the purposes of this Act. (2) \tIn particular, and without prejudice to the generality of the foregoing power, such rules may prescribe- (a) \tthe conditions under which licenses for the construction of aerial ropeways over mining properties shall be granted, including conditions as to the assessment and payment of compensation for loss caused by the interruption of the getting of minerals by reason of such construction and conditions as to the removal of any portion of the ropeway to another alignment, to be fixed by arbitration if necessary, if at any time in the opinion of the Government the ropeway interferes with the raising of minerals; (b) \tthe powers of an Inspector appointed under section 11; (c) \tthe conditions under which and the manner in which the powers conferred on promoters by sub-section (1) of section 14 and sub-section (1) of section 15 may be exercised; (d) \tthe accidents of which notice shall be given to the Government and to the Inspector under clause (c) of section 20; (e) \tthe duties of the promoter's servants, police-officers and Magistrate on the occurrence of an accident; (f) \tthe maximum and minimum rates which a promoter may fix under section 18; (g) \tstandard dimensions and specifications with which the aerial ropeway is to conform; (h) \tthe procedure for the disposal of applications under sub-section (2) of section 21 to re-open an aerial ropeway or part thereof and the conditions under which such ropeway may be re-opened; (i) \tthe manner of previous publication of bye-laws made under section 27; (j) \tthe intervals at which a promoter shall submit returns under section 36, and the forms in which such returns shall be submitted; (k) \tthe preparation, submission and auditing of the accounts of the promoter; (l) \tthe method of arbitration for the settlement of disputes; (m) \tthe manner in which notice under this Act shall be served; (n) \tthe manner in which, and the conditions under which the through booking of goods may be permitted, between an aerial ropeway and a railway, tramway or another aerial ropeway; (o) \tthe safe and efficient working of aerial ropeways; (p) \tthe fees to be charged to promoters and other persons in respect of licenses, applications, inquiries, inspection, and services rendered under this Act; and (q) \tthe procedure for filing, hearing and disposing of applications for revision under this Act, and the procedure for taking the advice of the Advisory Board. (3) \tAll rules made under this section shall be published in the official Gazette.",
"name": "Power of Government to make rules",
"related_acts": "",
"section_id": 42
}
],
"text": "♣An Act to authorise, facilitate and regulate the construction and working of aerial ropeways in Bangladesh. Preamble WHEREAS it is expedient to authorise, facilitate and regulate the construction and working of aerial ropeways in Bangladesh; * * * It is hereby enacted as follows:-"
} |
{
"id": 131,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the words \"Bangladesh\" and \"Government\" were substituted, for the words \"Pakistan\" and \"Central Government\" respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The words \"Bangladesh Cotton Committee\" were substituted, for the words \"Pakistan Central Cotton Committee\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 Clauses (d) and (dd) were substituted, for clause (d) by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"4 The words, comma and figure \"Factories Act, 1965\" were substituted, for the words, comma and figure \"Factories Act, 1934\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"5 The words, figures and comma \"as defined in section 3 of the Cotton Duties Act, 1896\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"6 The words \"the Provinces of Pakistan to any place outside\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"7 The word \"Bangladesh\" was substituted, for the words \"the Provinces of Pakistan\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"8 The words \"Bangladesh Cotton Committee\" were substituted, for the words \"Pakistan Central Cotton Committee\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"9 The words \"sea or land\" were substituted, for the word \"sea\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"10 The words \"Collector of Custom at the Customs-station\" were substituted, for the words \"Customs-collector at the customs-port\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"11 The words, comma and figure \"Customs Act, 1969\" were substituted, for the words, comma and figure \"Sea Customs Act, 1878\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"12 The words \"National Board of Revenue\" and the words, comma and figure \"National Board of Revenue Order, 1972,\" were substituted, for the words \"Central Board of Revenue\" and for the words, commas and figure \"Central Board of Revenue Act, 1924,\" respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"13 The words, commas and figure \"National Board of Revenue Order, 1972,\" were substituted, for the words, commas and figure \"Central Board of Revenue Act, 1924,\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"14 Clause (b) was omitted by section 6 of the Cotton Cess (Amendment) Act, 1948 (Act No. XXX of 1948)",
"15 The words \"Provincial Departments of Agriculture or\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Cotton Cess Act, 1923",
"num_of_sections": 18,
"published_date": "16th March, 1923",
"related_act": [
354,
131,
430
],
"repelled": false,
"sections": [
{
"act_id": 131,
"details": "1.(1) This Act may be called the Cotton Cess Act, 1923. (2) \tIt extends to the whole of Bangladesh.",
"name": "Short title and extent",
"related_acts": "131",
"section_id": 1
},
{
"act_id": 131,
"details": "2. \tIn this Act, unless there is anything repugnant in the subject or context,- (a) \t\"Collector\" means, in reference to cotton consumed in a mill in Bangladesh, the Collector of the district in which the mill is situated or any other officer appointed by the Government to perform the duties of a collector under this Act; (b) \t\"the Committee\" means the 2Bangladesh Cotton Committee constituted under this Act; (c) \t\"Cotton\" means raw cotton, whether baled or loose, which has been ginned; 3(d) \t\"Collector of Customs\" means a Collector of customs appointed under section 3 of the Customs Act, 1969 ; (dd) \t\"Customs-station\" means a Customs-station as defined in section 2 of the Customs Act, 1969; (e) \t\"mill\" means any place which is a factory as defined in section 2 of the 4Factories Act, 1965, and in which cotton is converted into yarn or thread either for sale as such or for conversion into cotton goods 5* * *; (f) \t\"prescribed\" means prescribed by rules made under this Act.",
"name": "Definitions",
"related_acts": "354,354",
"section_id": 2
},
{
"act_id": 131,
"details": "3.(1) There shall be levied and collected on all cotton either exported from 6* * * Bangladesh or consumed in any mill in 7Bangladesh a cess at such rate as the Government may fix by notification such rate as in the official Gazette. (2)\tOmitted by section 3 of the Cotton Cess (Amendment) Act, 1948 (Act No. XXX of 1948).",
"name": "Imposition of Cotton Cess",
"related_acts": "",
"section_id": 3
},
{
"act_id": 131,
"details": "4.(1) As soon as may be after the commencement of this Act the Government shall set up the Committee. (2) \tThe Committee shall consist of such members as the Government may, by notification in the official Gazette, appoint to be members, and the Government shall appoint from among them one to be the President and another to be the Vice-President. (3) \tThe Committee shall be a body corporate by the name of the 8Bangladesh Cotton Committee, having perpetual succession and a common seal with powers to acquire and hold property both movable and immovable, and to contract, and shall by the said name sue and be sued.",
"name": "Constitution of Bangladesh Cotton Committee",
"related_acts": "",
"section_id": 4
},
{
"act_id": 131,
"details": "5. \tOmitted by section 5 of the Cotton Cess (Amendment) Act, 1948 (Act No. XXX of 1948).",
"name": "Omitted",
"related_acts": "",
"section_id": 5
},
{
"act_id": 131,
"details": "6.(1) The owner of every mill shall furnish to the Collector, on or before the seventh day of each month, a return stating the total amount of cotton consumed or brought under process in the mill during the preceding month, together with such further information in regard thereto as may be prescribed: Provided that no return shall be required in regard to cotton consumed or brought under process before the commencement of this Act. (2) \tEvery such return shall be made in such form and shall be verified in such manner as may be prescribed.",
"name": "Delivery of monthly returns",
"related_acts": "",
"section_id": 6
},
{
"act_id": 131,
"details": "7.(1) On receiving any return made under section 6, the Collector shall assess the cotton cess payable in respect of the period to which the return relates, and if the amount has not already been paid shall cause a notice to be served upon the owner of the mill requiring him to make payment of the amount assessed within ten days of the service of the notice. (2) \tIf the owner of any mill fails to furnish in due time return referred to in section 6 or furnishes a return which the Collector has reason to believe is incorrect or defective, the Collector shall assess the amount payable by him in such manner, if any, as may be prescribed, and the provisions of sub-section (1) shall thereupon apply as if such assessment had been made on the basis of a return furnished by the owner: Provided that, in the case of a return which he has reason to believe is incorrect or defective, the Collector shall not assess the cess at an amount higher than that at which it is assessable on the basis of the return without giving to the owner a reasonable opportunity of proving the correctness and completeness of the return. (3) \tA notice under sub-section (1) may be served on the owner of a mill either by post or by delivering it or tendering it to the owner or his agent at the mill.",
"name": "Collection of cess by Collector",
"related_acts": "",
"section_id": 7
},
{
"act_id": 131,
"details": "8.(1) In respect of cotton exported by 9sea or land, the cess shall be assessed and levied by the 10Collector of Custom at the Customs-station of export and, subject to the provisions of this Act and of any rules made thereunder, shall, for all or any of the purposes of the 11Customs Act, 1969, be deemed to be a duty of customs. (2)\tOmitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973). (3) \tThe 12National Board of Revenue constituted under the 13National Board of Revenue Order, 1972 may, make rules providing, on such conditions as may be specified in the rules, for- (a) \tthe refund of the case levied where cotton is exported by land and subsequently imported into Bangladesh; 14* * *",
"name": "Collection of cess on exported cotton",
"related_acts": "354,430",
"section_id": 8
},
{
"act_id": 131,
"details": "9.(1) An assessment made in accordance with the provisions of section 7 or section 8 shall not be questioned in any Court. (2) \tAny owner of a mill who is aggrieved by an assessment made section 7 may, within three months of service of the notice referred to in sub-section (1) of that section, apply to the Government for the cancellation or modification of the assessment and, on such application, the Government may cancel or modify the assessment and order the refund to such owner of the whole or part, as the case may be, of any amount paid thereunder. (3) \tAny sum recoverable under section 7 may be recovered as an arrear of land revenue.",
"name": "Finality of assessment and recovery of unpaid cess",
"related_acts": "",
"section_id": 9
},
{
"act_id": 131,
"details": "10.(1) The Collector or any officer empowered by general or special order of the Government in this behalf shall have free access at all reasonable times during working hours to any mill or to any part of any mill. (2) \tThe Collector or any such officer may at any time, with or without notice to the owner, examine the working records, sale records and accounts of any mill and take copies of or extracts from all or any of the said records or accounts for\tthe purpose of testing the accuracy of any return or of informing himself as to the particulars regarding which information is required for the purposes of this Act or any rules made thereunder. (3) \tWhere any officer other than the Collector proposes to examine under sub-section (2) any record or account containing the description or formulae of any trade process, the owner of the mill may give to the said officer, for transmission to the Collector, a written notice of objection and the officer shall thereupon seal up the record or account pending the orders of the Collector.",
"name": "Power to inspect mills and take copies of records and accounts",
"related_acts": "",
"section_id": 10
},
{
"act_id": 131,
"details": "11.(1) All such copies and extracts and all information acquired by a Collector or any other officer from an inspection of any mill or warehouse or from any return submitted under this Act shall be treated as confidential. (2) \tIf the Collector or any such officer discloses to any person other than a superior officer any such information as aforesaid without the previous sanction of the Government, he shall be punishable with imprisonment which may extend to six months and shall also be liable to fine: Provided that nothing in this section shall apply to the disclosure of any such information for the purposes of a prosecution in respect of the making of a false return under this Act.",
"name": "Information acquired to be confidential",
"related_acts": "",
"section_id": 11
},
{
"act_id": 131,
"details": "12.(1) On the last day of each month, or as soon thereafter as may be convenient, the proceeds of the cess recovered during that month shall, after deduction of the expenses, if any, of collection and recovery, be paid to the Committee. (2) \tSubject to such conditions as may be prescribed, the said proceeds and any other monies received by the Committee shall be applied to meeting the expenses of the Committee and the cost of such measures as it may, with the previous approval of the Government, decide to undertake for promoting agricultural and technological research in the interests of the cotton industry in Bangladesh.",
"name": "Application of proceeds of cess",
"related_acts": "",
"section_id": 12
},
{
"act_id": 131,
"details": "12A. Omitted by section 8 of the Cotton Cess (Amendment) Act, 1948 (Act No. XXX of 1948).",
"name": "Omitted",
"related_acts": "",
"section_id": 13
},
{
"act_id": 131,
"details": "13. \tNo Act done or proceeding taken under this Act shall be questioned on the ground merely of the existence of any vacancy in or any defect in the constitution of the Committee or any of its sub-committees.",
"name": "Validation",
"related_acts": "",
"section_id": 14
},
{
"act_id": 131,
"details": "14. \tThe Government may, by notification in the official Gazette, declare that, with effect from such date as may be specified in the notification, the Committee shall be dissolved, and on the making of such declaration all funds and other property vested in the Committee shall vest in the Government and this Act shall be deemed to have been repealed.",
"name": "Dissolution of Committee",
"related_acts": "",
"section_id": 15
},
{
"act_id": 131,
"details": "15.(1) The Government may make rules for the purpose of carrying into effect all or any of the provisions of this Act. (2) \tIn particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:- (a) \tfor prescribing the time within which nominations shall be made under section 4 whether in the first instance or on the occurrence of vacancies; (b) \tfor prescribing the term of office of the members of the Committee; (c) \tfor prescribing the circumstances in which and the authority by which any member may be removed; (d) \tfor the holding of a minimum number of meetings of the Committee during any year; (e) \tfor the maintenance by the Committee of a record of all business transacted and the submission of copies of such records to the Government; (f) \tfor the definition of the powers of the Committee and its officers to enter into contracts which shall be binding on the Committee, and the manner in which such contracts shall be executed; (g) \tfor the regulation of the travelling allowances of members of the Committee and of their remuneration, if any; (h) \tfor the definition of the powers of the Committee and its officers in respect of the appointment, promotion and dismissal of officers and servants of the committee, and in respect of the creation and abolition of appointments of such officers or servants; (i) \tfor the regulation of the grant of pay and leave to officers and servants of the Committee, and the payment of leave allowances to such officers and servants, and the remuneration to be paid to any person appointed to act for any officer or servant to whom leave is granted; (j) \tfor the regulation of the payment of pensions, gratuities, compassionate allowances and travelling allowances to officers and servants of the Committee; (k) \tfor prescribing the establishment and maintenance of a provident fund for the officers and servants of the Committee, and for the deduction of subscriptions to such provident fund from the pay and allowances of such officers and servants, other than Government servants whose services have been lent or transferred to the Committee; (l) \tfor prescribing the preparation of budget estimates of the annual receipts and expenditure of the Committee and of supplementary estimates of expenditure not included in the budget estimates, and the manner in which such estimates shall be sanctioned and published; (m) \tfor defining the powers of the Committee, its sub-committees, if any, the President and its officers, in regard to the expenditure of the funds of the Committee, whether provision has or has not been made in the budget estimates or by reappropriation for such expenditure, and in regard to the reappropriation of estimated savings in the budget estimates of expenditure; (n) \tfor prescribing the maintenance of accounts of the receipts and expenditure of the Committee and providing for the audit of such accounts; (o) \tfor prescribing the manner in which payments are to be made by or on behalf of the Committee, and the officers by whom orders for making deposits or investments or for withdrawals or disposal of the funds of the Committee shall be signed; (p) \tfor determining the custody in which the current account of the Committee shall be kept, and the bank or banks at which surplus monies at the credit of the Committee may be deposited at interest, and the conditions on which such monies may be otherwise invested; (q) \tfor prescribing the preparation of a statement showing the sums allotted to 15* * * institutions not under the direct control of the Committee for expenditure on research, the actual expenditure incurred, the outstanding liabilities, if any, and the disposal of unexpended balances at the end of the year; (r) \tthe assessment, levy, and payment of the cotton cess in respect of cotton exported by sea or by land; and (s) \tany other matter which is to be or may be prescribed.",
"name": "Power of the Government to make rules",
"related_acts": "",
"section_id": 16
},
{
"act_id": 131,
"details": "16. \tThe Committee may, with the previous sanction of the Government, make rules consistent with this Act and with any rules made under section 15 to provide for all or any of the following matters, namely:- (a) \tfor the appointment of appropriate sub-committees and the delegation thereto of any powers exercisable under this Act by the Committee; (b) \tfor prescribing the method of appointment, removal and replacement and the term of office of members of the sub-committees, and for the filling of vacancies therein; (c) \tfor the appointment of the dates, times and places for meetings of the Committee and the sub-committees, and for regulating the procedure to be observed at such meetings; (d) \tfor determining the circumstance in which security may be demanded from officers and servants of the Committee, and the amount and nature of such security in each case; (e) \tfor determining the times at which, and the circumstances in which, payments may be made out of the provident fund and the conditions on which such payments shall relieve the fund from further liability; (f) \tfor determining the contribution, if any, payable from the funds of the Committee to the provident fund; (g) \tfor regulating generally all matters incidental to the provident fund and the investment thereof; (h) \tfor defining the powers and duties of the officers, of the Committee.",
"name": "Power to the Committee to make rules",
"related_acts": "",
"section_id": 17
},
{
"act_id": 131,
"details": "17. \tAll rules made under section 15 or section 16 shall be published in the official Gazette and, on such publication, shall have effect as if enacted in this Act.",
"name": "Publication of rules",
"related_acts": "",
"section_id": 18
}
],
"text": "1♣An Act to provide for the creation of a fund for the improvement and development of the growing, marketing and manufacture of cotton. WHEREAS it is expedient to provide for the creation of a fund to be expended by a Committee specially constituted in this behalf for the improvement and development of the growing, marketing and manufacture of cotton; It is hereby enacted as follows:-"
} |
{
"id": 132,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the words \"Bangladesh\" and \"Government\" were substituted, for the words \"Pakistan\" and \"appropriate Government\" respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The first and second paragraphs of the preamble were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The words \"the Republic\" were substituted, for the word \"Government\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"4 Clause (2A) was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"5 The word \"Bengali\" was substituted, for the words \"the vernacular of the locality\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"6 The word \"Bengali\" was substituted, for the words \"the vernacular of the locality\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"7 Section 3A was inserted by section 2 of the Official Secrets (Amendment) Act, 1956 (Act No. X of 1956)",
"8 The words \"the Government\" were substituted, for the words \"that Government\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"9 Sub-section (4) was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"10 The words and commas \"the Inspector General of Police or, in the Dacca Metropolitan area, the Police Commissioner\" were substituted, for the words \"an Inspector General\" by the Schedule of the Dhaka Metropolitan Police (Amendment) Ordinance, 1976 (Ordinance No. LXIX of 1976)",
"11 The letter and words \"a Metropolitan Area\" were substituted, for the words \"the Dacca Metropolitan Area\" by the Schedule of the Chittagong Metropolitan Police Ordinance, 1978 (Ordinance No. XLVIII of 1978)",
"12 The words and commas \"the Inspector General of Police or, in the Dacca Metropolitan area, the Police Commissioner\" were substituted, for the words \"an Inspector General\" by the Schedule of the Dhaka Metropolitan Police (Amendment) Ordinance, 1976 (Ordinance No. LXIX of 1976)",
"13 The letter and words \"a Metropolitan Area\" were substituted, for the words \"the Dacca Metropolitan Area\" by the Schedule of the Chittagong Metropolitan Police Ordinance, 1978 (Ordinance No. XLVIII of 1978)",
"14 Clause (a) was omitted by section 5 of the Official Secrets (Amendment) Ac, 1966 (Act No. VIII of 1966)",
"15 The word \"Pakistan\" was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Official Secrets Act, 1923",
"num_of_sections": 17,
"published_date": "2nd April, 1923",
"related_act": [
578,
132,
75,
203,
430,
277
],
"repelled": false,
"sections": [
{
"act_id": 132,
"details": "1.(1) This Act may be called the Official Secrets Act, 1923. (2)\tIt extends to the whole of Bangladesh, and applies also to all citizens of Bangladesh and persons in the service of 3the Republic wherever they may be.",
"name": "Short title, extent and application",
"related_acts": "132",
"section_id": 1
},
{
"act_id": 132,
"details": "2.\tIn this Act, unless there is anything repugnant in the subject or context,- (1)\tany reference to a place belonging to Government includes a place occupied by any department of the Government, whether the place is or is not actually vested in Government; (2)\texpressions referring to communicating or receiving include any communicating or receiving, whether in whole or in part, and whether the sketch, plan, model, article, note, document, or information itself or the substance, effect or description thereof only be communicated or received; expressions referring\tto obtaining or retaining any sketch, plan, model, article, note or document, include the copying or causing to be copied of the whole or any part of any sketch, plan, model, article, note, or document; and expressions referring to the communication of any sketch, plan, model, article, note or document include the transfer or transmission of the sketch, plan, model, article, note or document; 4* * * (3)\t\"document\" includes part of a document; (4)\t\"model\" includes design, pattern and specimen; (5)\t\"munitions of war\" includes the whole or any part of any ship, submarine, aircraft, tank or similar engine, arms and ammunition, torpedo, or mine intended or adopted for use in war, and any other article, material, or device, whether actual or proposed, intended for such use; (6)\t\"Office under Government\" includes any office or employment in or under any department of the Government; (7)\t\"photograph\" includes an undeveloped film or plate; (8)\t\"prohibited place\" means- (a)\tany work of defence, arsenal, naval, military or air force establishment or station, mine, minefield, camp, ship or aircraft belonging to, or occupied by or on behalf of, Government, any military telegraph or telephone so belonging or occupied, any wireless or signal station or office so belonging or occupied and any factory, dockyard or other place so belonging or occupied and used for the purpose of building, repairing, making or storing any munitions of war, or any sketches, plans, models or documents relating thereto, or for the purpose of getting any metals, oil or minerals of use in time of war; (b)\tany place not belonging to Government where any munitions of war or any sketches, models, plans or documents relating thereto, are being made, repaired, gotten or stored under contract with, or with any person on behalf of, Government, or otherwise on behalf of Government; (c)\tany place belonging to or used for the purpose of Government which is for the time being declared by the Government, by notification in the official Gazette, to be a prohibited place for the purposes of this Act on the ground that information with respect thereto, or damage thereto, would be useful to an enemy, and to which a copy of the notification in respect thereof has been affixed in English and in 5Bengali; (d)\tany railway, road, way or channel, or other means of communication by land or water (including any works or structures being part thereof or connected therewith) or any place used for gas, water or electricity works or other works for purposes of a public character, or any place where any munitions of war or any sketches, models, plans, or documents relating thereto, are being made, repaired or stored otherwise than on behalf of Government, which is for the time being declared by the Government, by notification in the official Gazette, to be a prohibited place for the purposes of this Act on the ground that information with respect thereto, or the destruction or obstruction thereof, or interference therewith, would be useful to an enemy, and to which a copy of the notification in respect thereof has been affixed in English and in 6Bengali: Provided that where for declaring a prohibited place under sub-clause (c) or sub-clause (d) a notification in the official Gazette is not considered desirable in the interest of the security of the State, such declaration may be made by an order a copy or notice of which shall be prominently displayed at the point of entry to, or at conspicuous place near, the prohibited place; (9)\t\"sketch\" includes any photograph or other mode of representing any place or thing; and (10)\t\"Superintendent of Police\" includes any police officer of a like or superior rank, and any person upon whom the powers of a Superintendent of Police are for the purposes of this Act conferred by the Government.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 132,
"details": "3.(1) If any person for any purpose prejudicial to the safety or interests of the State- (a)\tapproaches, inspects, passes over or is in the vicinity of, or enters, any prohibited place; or (b)\tmakes any sketch, plan, model, or note which is calculated to be or might be or is intended to be, directly or indirectly, useful to an enemy; or (c)\tobtains, collects, records or publishes or communicates to any other person any secret official code or pass word, or any sketch, plan, model, article or note or other document or information which is calculated to be or might be or is intended to be, directly or indirectly, useful to an enemy; he shall be guilty of an offence under this section. (2)\tOn a prosecution for an offence punishable under this section with imprisonment for a term which may extend to fourteen years, it shall not be necessary to show that the accused person was guilty of any particular act tending to show a purpose prejudicial to the safety or interests of the State, and, notwithstanding that no such act is proved against him, he may be convicted if, from the circumstances of the case or his conduct or his known character as proved, it appears that his purpose was a purpose prejudicial to the safety or interests of the State; and if any sketch, plan, model, article, note, document, or information relating to or used in any prohibited place, or relating to anything in such a place, or any secret official code or pass word is made, obtained, collected, recorded, published or communicated by any person other than a person acting under lawful authority, and from the circumstances of the case or his conduct or his known character as proved it appears that his purpose was a purpose prejudicial to the safety or interests of the State, such sketch, plan, model, article, note, document or information shall be presumed to have been made, obtained, collected, recorded, published or communicated for a purpose prejudicial to the safety or interests of the State. (3)\tA person guilty of an offence under this section shall be punishable,- (a)\twhere the offence committed is intended or calculated to be, directly or indirectly, in the interest or for the benefit of a foreign power, or is in relation to any work of defence, arsenal, naval, military or air-force establishment or station, mine, minefield, factory, dockyard, camp, ship or aircraft or otherwise in relation to the naval, military or air force affairs of Bangladesh or in relation to any secret official code, with death, or with imprisonment for a term which may extend to fourteen years; and (b)\tin any other case, with imprisonment for a term which may extend to three years.",
"name": "Penalties for spying",
"related_acts": "",
"section_id": 3
},
{
"act_id": 132,
"details": "73A.(1) No person shall, except under the authority of a written permit granted by or on behalf of the Government, make any photograph, sketch, plan, model, note or representation of any kind of any prohibited place or of any other place or area, notified by the Government as a place or area with regard to which such restriction appears to 8the Government to be expedient in the interests of the security of Bangladesh or of any part of or object in any such place or area. (2)\tThe government may, by general or special order make provision for securing that no photograph, sketch, plan, model, note or representation of any kind made under the authority of a permit granted in pursuance of sub-section (1) shall be published unless and until the same has been submitted to and approved by such authority or person as may be specified in the order, and may retain or destroy or otherwise dispose of anything so submitted. (3)\tIf any person contravenes any of the provisions of this section, he shall be punished with imprisonment for a term which may extend to three years or with fine or with both. .\t 9* * *",
"name": "Restriction against photographs, sketches, etc., of prohibited and notified areas",
"related_acts": "",
"section_id": 4
},
{
"act_id": 132,
"details": "4.(1) In any proceedings against a person for an offence under section 3, the fact that he has been in communication with, or attempted to communicate with, a foreign agent, whether within or without Bangladesh, shall be relevant for the purpose of proving that he has, for a purpose prejudicial to the safety or interests of the State, obtained or attempted to obtain information which is calculated to be or might be, or is intended to be, directly or indirectly, useful to an enemy. (2)\tFor the purpose of this section, but without prejudice to the generality of the foregoing provision,- (a)\ta person may be presumed to have been in communication with a foreign agent if- (i)\the has, either within or without Bangladesh, visited the address of a foreign agent or consorted or associated with a foreign agent, or (ii)\teither within or without Bangladesh, the name or address of, or any other information regarding, a foreign agent has found in his possession, or has been obtained by him from any other person; (b)\tthe expression \"foreign agent\" includes any person who is or has been or in respect of whom it appears that there are reasonable grounds for suspecting him of being or having been employed by a foreign power, either directly or indirectly, for the purpose of committing an act, either within or without Bangladesh, prejudicial to the safety or interests of the State, or who has or is reasonably suspected of having, either within or without Bangladesh, committed, or attempted to commit, such an act in the interests of a foreign power; (c)\tany address, whether within or without Bangladesh, in respect of which is appears that there are reasonable grounds for suspecting it of being an address used for the receipt of communications intended for a foreign agent, or any address at which a foreign agent resides, or to which he resorts for the purpose of giving or receiving communications, or at which he carries on any business, may be presumed to be the address of a foreign agent, and communications addressed to such an address to be communications with a foreign agent.",
"name": "Communications with foreign agents to be evidence of commission of certain offences",
"related_acts": "",
"section_id": 5
},
{
"act_id": 132,
"details": "5.(1) If any person having in his possession or control any secret official code or pass word or any sketch, plan, model, article, note, document or information which relates to or is used in a prohibited place or relates to anything in such a place, or which has been made or obtained in contravention of this Act, or which has been entrusted in confidence to him by any person holding office under Government, or which he has obtained or to which he has had access owing to his position as a person who holds or has held office under Government, or as a person who holds or has held a contract made on behalf of Government, or as a person who is or has been employed under a person who holds or has held such an office or contract- (a)\twilfully communicates the code or pass word, sketch, plan, model, article, note, document or information to any person other than a person to whom he is authorized to communicate it, or a Court of Justice or a person to whom it is, in the interests of the State, his duty to communicate it; or (b)\tuses the information in his possession for the benefit of any foreign power or in any other manner prejudicial to the safety of the State; or (c)\tretains the sketch, plan, model, article, note or document in his possession or control when he has no right to retain it, or when it is contrary to his duty to retain it, or wilfully fails to comply with all directions issued by lawful authority with regard to the return or disposal thereof; or (d)\tfails to take reasonable care of, or so conducts himself as to endanger the safety of, the sketch, plan, model, article, note, document, secret official code or pass word or information; he shall be guilty of an offence under this section. (2)\tIf any person voluntarily receives any secret official code or pass word or any sketch, plan, model, article, note, document or information knowing or having reasonable ground to believe, at the time when he receives it, that the code, pass word, sketch, plan, model, article, note, document or information is communicated in contravention of this Act, he shall be guilty of an offence under this section. (3)\tA person guilty of an offence under this section shall be punishable,- (a)\twhere the offence committed is a contravention of clause (a) of sub-section (1) and intended or calculated to be, directly or indirectly, in the interest or for the benefit of a foreign power, or is in relation to any work of defence, arsenal, naval, military or air force establishment or station mine, mine field, factory, dockyard, camp, ship or aircraft or otherwise in relation to the naval, military or air force affairs of Bangladesh or in relation to any secret official code, with death, or with imprisonment of a term which may extend to fourteen years; and (b)\tin any other case, with imprisonment for a term which may extend to two years, or with fine, or with both.",
"name": "Wrongful communication, etc., of information",
"related_acts": "",
"section_id": 6
},
{
"act_id": 132,
"details": "6.(1) If any person for the purpose of gaining admission or of assisting any other person to gain admission to a prohibited place or for any other purpose prejudicial to the safety of the State- (a)\tuses or wears, without lawful authority, any naval, military, air force, police or other official uniform, or any uniform so nearly resembling the same as to be calculated to deceive, or falsely represents himself to be a person who is or has been entitled to use or wear any such uniform; or (b)\torally, or in writing in any declaration or application, or in any document signed by him or on his behalf, knowingly makes or connives at the making of any false statement or any omission; or (c)\tforges, alters, or tampers with any passport or any naval, military, air force, police, or official pass, permit, certificate, licence, or other document of a similar character (hereinafter in this section referred to as an official document) or knowingly uses or has in his possession any such forged, altered, or irregular official document; or (d)\tpersonates, or falsely represents himself to be, a person holding, or in the employment of a person holding, office under Government, or to be or not to be a person to whom an official document or secret official code or pass word has been duly issued or communicated, or with intent to obtain an official document, secret official code or pass word, whether for himself or any other person, knowingly makes any false statement; or (e)\tuses, or has in his possession or under his control, without the authority of the department of the Government of the authority concerned, any die, seal or stamp of or belonging to, or used, made or provided by, any department of the Government, or by any diplomatic, naval, military or air force authority appointed by or acting under the authority of Government, or any die, seal or stamp so nearly resembling any such die, seal or stamp as to be calculated to deceive, or counterfeits any such die, seal or stamp, or knowingly uses, or has in his possession or under his control, any such counterfeited die, seal or stamp, he shall be guilty of an offence under this section. (2)\tIf any person for any purpose prejudicial to the safety of the State- (a)\tretains any official document, whether or not completed or issued for use, when he has not right to retain it, or when it is contrary to his duty to retain it, or wilfully fails to comply with any directions issued by any department of the Government or any person authorised by such department with regard to the return or disposal thereof; or (b)\tallows any other person to have possession of any official document issued for his use alone, or communicates any secret official code or pass word so issued, or, without lawful authority or excuse, has in his possession any official document or secret official code or pass word issued for the use of some person other than himself, or, on obtaining possession of any official document by finding or otherwise, willfully fails to restore it to the person or authority by whom or for whose use it was issued, or to a police officer; or (c)\twithout lawful authority or excuse, manufactures or sells, or has in his possession for sale, any such die, seal or stamp as aforesaid; he shall be guilty of an offence under this section. (3)\tA person guilty of an offence under this section shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both. (4)\tThe provisions of sub-section (2) of section 3 shall apply, for the purpose of proving a purpose prejudicial to the safety of the State, to any prosecution for an offence under this section relating to the naval, military or air force affairs of Government, or to any secret official code in like manner as they apply, for the purpose of proving a purpose prejudicial to the safety or interests of the State, to prosecution for offences punishable under that section with imprisonment for a term which may extend to fourteen years.",
"name": "Unauthorised use of uniforms; falsification of reports, forgery, personation, and false documents",
"related_acts": "",
"section_id": 7
},
{
"act_id": 132,
"details": "7.(1)\tNo person in the vicinity of any prohibited place shall obstruct, knowingly mislead or otherwise interfere with or impede, any police officer, or any member of the armed forces of Bangladesh engaged on guard, sentry, patrol, or other similar duty in relation to the prohibited place. (2)\tIf any person acts in contravention of the provisions of this section, he shall be punishable with imprisonment which may extend to two years, or with fine, or with both.",
"name": "Interfering with officers of the police or members of the armed forces of Bangladesh",
"related_acts": "",
"section_id": 8
},
{
"act_id": 132,
"details": "8.(1)\tIt shall be the duty of every person to give on demand to a Superintendent of Police, or other police officer not below the rank of Inspector, empowered by 10the Inspector General of Police or, in 11a Metropolitan Area, the Police Commissioner in this behalf, or to any member of the armed forces of Bangladesh engaged on guard, sentry, patrol or other similar duty, any information in his power relating to an offence or suspected offence under section 3 or under section 3 read with section 9 and, if so required, and upon tender of his reasonable expenses, to attend at such reasonable time and place as may be specified for the purpose of furnishing such information. (2)\tIf any person fails to give any such information or to attend as aforesaid, he shall be punishable with imprisonment which may extend to two years, or with fine, or with both.",
"name": "Duty of giving information as to commission of offences",
"related_acts": "",
"section_id": 9
},
{
"act_id": 132,
"details": "9. \tAny person who attempts to commit or abets the commission of an offence under this Act shall be punishable with the same punishment, and be liable to be proceeded against in the same manner as if he had committed such offence.",
"name": "Attempts, incitements, etc.",
"related_acts": "",
"section_id": 10
},
{
"act_id": 132,
"details": "10.(1) If any person knowingly harbours any person whom he knows or has reasonable grounds for supposing to be a person who is about to commit or who has committed an offence under section 3 or under section 3 read with section 9 or knowingly permits to meet or assemble in any premises in his occupation or under his control any such persons, he shall be guilty of an offence under this section. (2)\tIt shall be the duty of every person having harboured any such person as aforesaid or permitted to meet or assemble in any premises in his occupation or under his control any such\tpersons as aforesaid, to give on demand to a Superintendent of Police or other police officer not below the rank of Inspector empowered by 12the Inspector-General of Police or, in 13a Metropolitan Area, the Police Commissioner in this behalf, any information in his power relating to any such person or persons, and if any person fails to give any such information, he shall be guilty of an offence under this section. (3)\tA person guilty of an offence under this section shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.",
"name": "Penalty for harbouring spies",
"related_acts": "",
"section_id": 11
},
{
"act_id": 132,
"details": "11.(1) If a Magistrate of the first class or Sub-divisional Magistrate is satisfied by information on oath that there is reasonable ground for suspecting that an offence under this Act has been or is about to be committed, he may grant a search-warrant authorising any police officer named therein, not being below the rank of an officer in charge of a police station, to enter at any time any premises or place named in the warrant, if necessary, by force, and to search the premises or place and every person found therein, and to seize any sketch, plan, model, article, note or document, or anything of a like nature, or anything which is evidence of an offence under this Act having been or being about to be committed which he may find on the premises or place or any such person, and with regard to or in connection with which he has reasonable ground for suspecting that an offence under this Act has been or is about to be committed. (2)\tWhere it appears to a police officer, not being below the rank of Superintendent, that the case is one of great emergency, and that in the interests of the State immediate action is necessary, he may by a written order under his hand give to any police officer the like authority as may be given by the warrant of a Magistrate under this section. (3)\tWhere action has been taken by a police officer under sub-section (2) he shall, as soon as may be, report such action, to the District or Sub-divisional Magistrate.",
"name": "Search warrants",
"related_acts": "",
"section_id": 12
},
{
"act_id": 132,
"details": "12.\tNotwithstanding anything in the Code of Criminal Procedure, 1898,- 14* * * (b)\tan offence under this Act, other than an offence punishable with imprisonment fro a term which may extend to fourteen years, shall be a cognizable and bailable offence; and (c)\tany member of the armed forces of Bangladesh may, without an order from a Magistrate and without a warrant, arrest, in or in the vicinity of a prohibited place, any person who has been concerned in an Offence under section 3, or under section 3 read with section 9, or under clause (a) or clause (b) of sub-section (1) of section 5, or under clause (a) of sub-section (1) of section 6, or against whom a reasonable complaint has been made or credible information has been received, or a reasonable suspicion exists of his having been so concerned, and shall without unnecessary delay take or send the person arrested before a Magistrate having Jurisdiction in the case or before an officer in charge of a police-station, and thereupon the provisions of the said Code applicable in respect of a person who, having been arrested without warrant, has been taken or sent before a Magistrate or before an officer in charge or a police-station shall apply to him.",
"name": "Power to arrest",
"related_acts": "75",
"section_id": 13
},
{
"act_id": 132,
"details": "13.(1) No Court (other than that of a Magistrate of the first class specially empowered in this behalf by the Government which is inferior to that of a District Magistrate shall try any offence under this Act. (2)\tIf any person under trial before a Magistrate for an offence under this Act at any time before a charge is framed claims to be tried by the Court of Session, the Magistrate shall, if he does not discharge the accused, commit the case for trial by that Court, notwithstanding that it is not a case exclusively triable by that Court. (3)\tNo Court shall take cognizance of any offence under this Act unless upon complaint made by order of, or under authority from, the Government or some officer empowered by the Government in this behalf: Provided that a person charged with such an offence may be arrested, or a warrant for his arrest may be issued an executed, and any such person may be remanded in custody or on bail, notwithstanding that such complaint has not been made, but no further or other proceedings shall be taken until such complaint has been made. (4)\tFor the purposes of the trial of a person for an offence under this Act the offence may be deemed to have been committed either at the place in which the same actually was committed or at any place in Bangladesh in which the offender may be found. (5)\tOmitted by Article 2 and Schedule of the Central Adaptation of Laws Order, 1964. (6)\tThe Government may, if it thinks fit, by general or special order direct that the procedure for the trial of an offence under section 3, or under section 3 read with section 9, or under clause (a) or clause (b) of sub-section (1) of section 5, or under clause (a) of sub-section (1) of section 6 shall be that prescribed for offences under the Enemy Agents Ordinance, 1943, or under the 15* * * Criminal Law Amendment Act, 1958.",
"name": "Restriction on trial of offences",
"related_acts": "203,277",
"section_id": 14
},
{
"act_id": 132,
"details": "14.\tIn addition and without prejudice to any powers which a Court may possess to order the exclusion of the public from any proceedings if, in the course of proceedings before a Court against any person for an offence under this Act or the proceedings on appeal, or in the course of the trial of a person under this Act, application is made by the prosecution, on the ground that the publication of any evidence to be given or of any statement to be made in the course of the proceedings would be prejudicial to the safety of the State, that all or any portion of the public shall be excluded during any part of the hearing, the Court may make an order to that effect, but the passing of sentence shall in any case take place in public.",
"name": "Exclusion of public from proceedings",
"related_acts": "",
"section_id": 15
},
{
"act_id": 132,
"details": "15.\tWhere the person guilty of an offence under this Act is a company or corporation, every director and officer of the company or corporation with whose knowledge and consent the offence was committed shall be guilty of the like offence.",
"name": "Offences by companies, etc.",
"related_acts": "",
"section_id": 16
},
{
"act_id": 132,
"details": "16.\tRepealed by section 2 and Schedule of the Repealing Act, 1927 (Act No. XII of 1927). .",
"name": "Repealed",
"related_acts": "",
"section_id": 17
}
],
"text": "1An Act to consolidate and amend the law in Bangladesh relating to official secrets. Preamble 2* * * WHEREAS it is expedient that the law relating to official secrets in Bangladesh should be consolidated and amended; It is hereby enacted as follows:-"
} |
{
"id": 134,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the words “Bangladesh” and \"Government\" were substituted, for the words “Pakistan” and “Central Government” respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The word \"Bengal\" was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 Section 3A was inserted by section 5 of the Bengal Highways (Extension to Sylhet) Ordinance, 1959 (Ordinance No. LXII of 1959)",
"4 Clause (ia) was inserted by section 2 of the Highways (Amendment) Act, 1994 (Act No. VI of 1994)",
"5 The words and commas \"ten thousand taka, and a continuing breach shall be punishable with a simple imprisonment for a period of six months and also with a further fine not exceeding one hundred taka\" were substituted, for the words and commas \"ten taka, and when the breach is a continuing one, with a further fine not exceeding one taka\" by section 2 of the Highways (Amendment) Act, 1994 (Act No. VI of 1994)"
],
"name": "The Highways Act, 1925",
"num_of_sections": 6,
"published_date": "24th September, 1925",
"related_act": [
430,
134
],
"repelled": true,
"sections": [
{
"act_id": 134,
"details": "1.(1) This Act may be called the 2* * * Highways Act, 1925. (2) \tIt extends to the whole of Bangladesh. (3) It shall come into force on such date as the Government may, by notification in the Official Gazette, direct.",
"name": "Short title, extent and commencement",
"related_acts": "134",
"section_id": 1
},
{
"act_id": 134,
"details": "2. In this Act unless there is anything repugnant in the subject or context,- \"Government road\" means a road vested in the Government, or under the control and administration of the Works Department of the Government, and includes (a) \tthe slope, berm, borrow-pits and side-drains of any such road; (b) \tall lands and embankments vested in, or under the control and administration of, the said Works Department, and attached to a Government road; (c) \tall bridges, culverts or causeways built on or across any Government road; and (d) \tall fences and posts on any Government road or on any land attached to a Government road, and all roadside trees on such land.",
"name": "Definition",
"related_acts": "",
"section_id": 2
},
{
"act_id": 134,
"details": "3. The Government or any officer empower by the Government in this behalf may, by public note, displayed in a conspicuous portion of the road, declare any Government road or part thereof to be closed temporarily for the purpose of repairing such road, or for the purpose of constructing any sewer, drain, culvert or bridge, or for any other similar public purpose: Provided that the Government or any officer empowered by the Government in this behalf shall, before declaring any such road or part thereof to be closed, be bound, were possible, to provide other reasonably sufficient means of access to holdings adjacent to such road or part, if no such means of access already exist: Provided also that where there is a stretch of road over half a mile in length, the road or part thereof closed at any one time shall not exceed half a mile in length, and that, where possible, in such closed parts, an alternative route shall be provided.",
"name": "Temporary closing of Government road",
"related_acts": "",
"section_id": 3
},
{
"act_id": 134,
"details": "33A. The Government may, at any time, by notification, withdraw any Government road from the control and administration of any local authority under which it may have been placed by or under any law, and resume the control and administration thereof itself; and thereupon the right of control and administration of the local authority in respect of such road shall cease.",
"name": "Presumption by Government of control of roads placed under local authorities",
"related_acts": "",
"section_id": 4
},
{
"act_id": 134,
"details": "4.(1) The Government may, after previous publication, make rules- (i) \tfor the regulation and safety of traffic on Government roads; 4(ia)\tfor the regulation of construction works within ten meters of such Government roads called National Highways and Regional Highways; (ii) \tfor the prevention of obstruction and encroachments and of nuisances on or near such roads; (iii) \tfor the preservation of such road; and (iv) \tfor the temporary closing of such roads for repairs or other works, or for the purposes specifically set forth in section 3. (2) and (3) Omitted by section 6 of the Bengal Highways (Extension to Sylhet) Ordinance, 1959 (Ordinance No. LXII of 1959).",
"name": "Power to make rules",
"related_acts": "",
"section_id": 5
},
{
"act_id": 134,
"details": "5. In making any rule under this Act, the Government may direct that a breach thereof shall be punishable with a fine which may extend to 5ten thousand taka, and a continuing breach shall be punishable with a simple imprisonment for a period of six months and also with a further fine not exceeding one hundred taka for every day after the date of the first conviction during which the offender is proved to have persisted in the offence.",
"name": "Penalties",
"related_acts": "",
"section_id": 6
}
],
"text": "1♣An Act to provide for the better maintenance and control of Government roads in Bangladesh. WHEREAS it is expedient to provide for the regulation and safety of traffic on Government roads in Bangladesh, for the prevention of obstruction and encroachments, and of nuisances on or near such roads, for the preservation of such roads, and for the temporary closing of such roads for repairs or other works, or for public purposes; * * * It is hereby enacted as follows:-"
} |
{
"id": 133,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the words \"Bangladesh\", Government\", \"Penal Code\" and \"Taka\" were substituted, for the words \"Pakistan\", \"Central Government\", \"Pakistan Penal Code\" and \"rupee\" or \"rupees\" respectively by the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973), section 3 and 2nd Schedule",
"2 Throughout this Act, except otherwise provided, the words \"Bangladesh\", Government\", \"Penal Code\" and \"Taka\" were substituted, for the words \"Pakistan\", \"Central Government\", \"Pakistan Penal Code\" and \"rupee\" or \"rupees\" respectively by the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973), section 3 and 2nd Schedule",
"3 Clause (v) was omitted by the Cantonment (Amendment) Act, 1936 (Act No. XXIV of 1936)",
"4 Clause (vi) was omitted by the Cantonment (Amendment) Ordinance, 1960 (Ordinance No. XXXVIII of 1960)",
"5 Clause (ix) was omitted by section 2 and 1st Schedule the Repealing and Amending Act, 1935 (Act No. XII of 1935)",
"6 Clause (xv) was omitted by section 2 the Cantonments (Amendment) Act, 1936 (Act No. XXIV of 1936)",
"7 Clause (xix) was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"8 Clause (xxa) was inserted by section 2 of the Cantonments (Amendment) Act, 1936 (Act No. XXIV of 1936)",
"9 The words, commas and figure \"Army Act, 1952, or the Air Force Act, 1953\" were substituted, for the words, commas and figures \" Army Act or the Indian Army Act, 1911 or the Pakistan Army Act, 1952, or the Air Force Act, or the Indian Air Force Act, 1932 or the Pakistan Air Force Act, 1953\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"10 The words, commas and figure \"Army Act, 1952, or the Air Force Act, 1953\" were substituted, for the words, commas and figures \" Army Act or the Indian Army Act, 1911 or the Pakistan Army Act, 1952, or the Air Force Act, or the Indian Air Force Act, 1932 or the Pakistan Air Force Act, 1953\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"11 Clause (xxiva) was inserted by section 2 and 1st Schedule of the Repealing and Amending Act, 1935 (Act No. XII of 1935)",
"12 Clause (xxv) was omitted by section 2 of the Cantonments (Amendment) Ordinance, 1960 (Ordinance No. XXXVIII of 1960)",
"13 Clause (xxxiia) was inserted by section 2 of the Cantonments (Amendment) Act, 1936 (Act No. XXIV of 1936)",
"14 The words, commas and figure \"Army Act, 1952,\" were substituted, for the words, commas and figures \"Army Act or the Air Force Act, or is subject to the Indian Army Act, 1911 or the Pakistan Army Act, 1952\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"15 The words and comma \"tram-car,\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"16 The words and comma \"from officers appointed, to the Pakistan Military Lands and Cantonments Services\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"17 The proviso was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"18 Proviso was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"19 Section 13A was inserted by section 4 of the Cantonments (Amendment) Ordinance, 1960 (Ordinance No. XXXVIII of 1960)",
"20 Clause (b) was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"21 Proviso to clause (f) of sub-section (1) was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"22 Clause (b) was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"23 Provisos to clause (f) of sub-section (2) were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"24 Clause (b) was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"25 The words \"and one\" were substituted, for the word \"or\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"26 The word \"Republic\" was substituted, for the word \"State\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"27 The words \"elected or\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"28 The word \"Republic\" was substituted, for the word \"Government\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"29 Proviso was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"30 Sub-section (1) was substituted, for sub-section (1) by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"31 Commas and the words \", not being an elected member,\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"32 The words \"election or\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"33 The words and comma \"elected member, and every\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"34 The words \"or elected\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"35 Sub-section (2) was substituted, for sub-section (2) by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"36 The word \"elected\" was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"37 Clause (a) of sub-section (1) was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"38 The words, brackets and figure \"or under sub-section (2A)\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"39 The words \"re-election or\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"40 The words \"re-election or\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"41 Section 36A was inserted by section 5 of the Cantonment (Amendment) Act, 1925 (Act No. VII of 1925)",
"42 Commas and words \", and in the definition of \"Legal remuneration\" in section 161 of that code the word 'Government' shall, for the purposes of this section, be deemed to include a Board\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"43 The words, brackets, figures and commas \"constituted under sub-section (1) of section 13A, shall be four and of a Board constituted under sub-section (2) of section 13A shall be three\" were substituted, for words and comma \"in which there is more than one elected member shall be five or one-half of the member of members of the Board actually holding office at the time, whichever is the greater member\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"44 Sub-section (1A) was inserted by section 14 of the Cantonments (Amendment) Act, 1936 (Act No. XXIV of 1936)",
"45 The words \"in which there is more than one elected member\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"46 Section 43A was inserted by section 17 of the Cantonments (Amendment) Act, 1936 (Act No. XXIV of 1936)",
"47 The word \"Vice-President\" was substituted, for the words \"elected members\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"48 Section 45A was inserted by section 19 of the Cantonments (Amendment) Act, 1936 (Act No. XXIV of 1936)",
"49 The word \"Government\" was substituted, for the words \"Provincial Government concerned\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"50 The word \"Republic\" was substituted, for the word \"State\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"51 The words \"election or\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"52 The words \"nomination shall be\" were substituted, for the words \"elections shall be held and nominations\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"53 The word and comma \"election,\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"54 The words \"in the Province wherein such cantonment is situated\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"55 Sub-section (1A) was inserted by section 27 of the Cantonments (Amendment) Act, 1936 (Act No. XXIV of 1936)",
"56 Proviso was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"57 The proviso to section 77 was numbered as section 77A by section 11 of the Cantonments (Amendment) Act, 1927 (Act No. XXVI of 1927)",
"58 The commas and the words \", or, in a Province where there are no Commissioners, to the District Judge\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"59 The words \"High Court Division\" were substituted, for the words \"High Court\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"60 The words \"High Court Division\" were substituted, for the words \"High Court\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"61 The word \"Paurashava\" was substituted for the words \"Municipal Committee\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"62 Section 99A was inserted by section 7 of the Cantonments (Amendment) Act, 1926 (Act No. XXXV of 1926)",
"63 The words \"the Government\" were substituted, for the words \"the Central or any Provincial Government\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"64 The words \"Bangladesh Bank\" were substituted, for the words \"State Bank of Pakistan\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"65 The words \"by the Government\" were substituted, for the words \"by the Central or a Provincial Government\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"66 Section 116A was inserted by section 6 of the Cantonments (Amendment) Act, 1925 (Act No. VII of 1925)",
"67 Section 117A was inserted by section 8 of the Cantonment (Amendment) Act, 1926 (Act No. XXXV of 1926)",
"68 The words \"the Board\" were substituted, for the words \"that Authority\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"69 The words, comma and figure \"Factories Act, 1965\" were substituted, for the words, comma and figure \"Indian Factories Act, 1911\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"70 The word \"Republic\" was substituted, for the word \"State\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"71 Clause (d) was omitted by the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973), section 3 and 2nd Schedule, as amended by the Bangladesh Laws (Revision and Declaration) (Amendment) Act, 1974 (Act No. LIII of 1974)",
"72 The word \"Government\" was substituted, for the words \"Provincial Government\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"73 Section 178A was inserted by section 45 of the Cantonment (Amendment) Act, 1936 (Act No. XXIV of 1936)",
"74 Section 183A was inserted by section 49 of the Cantonment (Amendment) Act, 1936 (Act No. XXIV of 1936)",
"75 The word \"Bengali\" was substituted, for the word \"English\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"76 The word \"Bengali\" was substituted, for the word \"English\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"77 The words, comma and figure \"Petroleum Act, 1934\" were substituted, for the words, comma and figure \"Indian Petroleum Act, 1899\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"78 Sections 234A and 234B were inserted by section 59 of the Cantonment (Amendment) Act, 1936 (Act No. XXIV of 1936)",
"79 Clause (c) of sub-section (1) of section 238 was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"80 The word \"Republic\" was substituted, for the word \"State\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"81 Clause (bb) was inserted by section 12 of the Cantonments (Amendment) Act, 1925 (Act No. VII of 1925)",
"82 Section 286A was inserted by section 8 of the Cantonments (Amendment) Act, 1931 (Act No. VII of 1931)"
],
"name": "The Cantonments Act, 1924",
"num_of_sections": 299,
"published_date": "16th February, 1924",
"related_act": [
256,
133,
166,
103,
75,
44,
108,
430,
78,
48,
114,
86,
248,
90,
88
],
"repelled": true,
"sections": [
{
"act_id": 133,
"details": "1.(1) This Act may be called the Cantonments Act, 1924. (2)\tIt extends to the whole of Bangladesh. (3)\tThe Government may, by notification in the official Gazette, direct that this Act, or any provisions thereof which it may specify, shall come into force on such date as it may appoint in this behalf.",
"name": "Short title, extent and commencement",
"related_acts": "133",
"section_id": 1
},
{
"act_id": 133,
"details": "2.\tIn this Act, unless there is anything repugnant in the subject or context,- (i)\t\"Assistant Health Officer\" means the medical officer appointed by the Officer Commanding-in-Chief, the Command, to the Assistant Health Officer for a cantonment; (ii)\t\"Board\" means a Cantonment Board constituted under this Act; (iii)\t\"brigade area\" means one of the brigade areas, whether occupied by a brigade or not, into which Bangladesh is for military purposes for the time being divided, and includes for all or any of the purposes of this Act any area which the Government may, by notification in the official Gazette, declare to be a brigade area for such purpose or purposes; (iv)\t\"building\" means a house, outhouse, stable, latrine, shed, hut or other roofed structure whether of masonry, brick, wood, mud, metal or other material, and any part thereof, and includes a well and a wall (other than a boundary wall not exceeding eight feet in height and not abutting on a street) but does not include a tent or other portable and temporary shelter; 3* * * 4* * * (vii)\t\"casual vacancy\" means a vacancy occurring otherwise than by efflux of time in the office of an elected member of a Board; (viii)\t\"Command\" means one of the Commands into which Bangladesh is for military purposes for the time being divided, and includes any area which the Government may, by notification in the official Gazette, declare to be a Command for all or any of the purposes of this Act; 5* * * (x)\t\"dairy\" includes any farm, cattle-shed, milk-store milk-shop or other place from which milk is supplied or in which milk is kept for purposes of sale or is manufactured for sale into butter, ghee, cheese or curds, and, in relation to a dairyman who does not occupy any premises for the sale of milk, includes any place in which he keeps the vessels used by him for the storage or sale of milk; (xi)\t\"dairyman\" includes the keeper of a cow, baffalo, goat, ass or other animal, the milk of which is offered or is intended to be offered for sale for human consumption, and any purveyor of milk and any occupier of a dairy; (xia)\t\"elected member\" means the Chairman of a Union Committee in a cantonment who has become a member of the Board under Article 12 of the Basic Democracies Order, 1959; (xib)\t\"entitled consumer\" means a person in a cantonment who is paid from the Defence Services Estimates and is authorised by general or special order of the Government to receive a supply of water for domestic purposes from the Military Engineer Services or the Public Works Department on such terms and conditions as may be specified in the order; (xii)\t\"Executive Engineer\" means the Public Works Officer of that grade, or the officer of the Military Engineer Services of the corresponding grade, having charge of the military works in a grade, having charge of the military works in a cantonment or where more than one such officer has charge of the military works in a cantonment such one of those officers as the Officer Commanding the Station may designate in this behalf, immediate executive engineering charge of a cantonment; (xiii)\t\"Executive Officer\" means the person appointed under this Act to be the Executive Officer of a cantonment; (xiv)\t\"Health Officer\" means the senior executive medical officer in military employ on duty in a cantonment; 6* * * (xvi)\t\"hut\" means any building, no material portion of which above the plinth level is constructed of masonry or of squared timber framing or of iron framing; (xvii)\t\"infectious or contagious disease\" means cholera, leprosy, enteric fever, small-fox, tuberculosis, diphtheria, plague, influenza, venereal disease, and any other epidemic, endemic or infectious disease which the Government may, by notification in the official Gazette, declare to be an infectious or contagious disease for the purposes of this Act; (xviii) \t\"inhabitant\", in relation to a cantonment, or local area, means any person ordinarily residing or carrying on business or owning or occupying immovable property therein, and in case of a dispute means any person declared by the District Magistrate to be an inhabitant; 7* * * (xx)\t\"market\" includes any place where persons assemble for the purpose of selling meat, fish, fruit, vegetables, live-stock or any other article of food; 8(xxa) \t\"Military\" Estates Officer\" means the officer appointed by the Government to perform the duties of the Military Estates Officer under rules made under clauses (a) and (b) of sub-section (2) of section 280; (xxi)\t\"Military officer\" means- (a)\ta person who, being an officer within the meaning of the 9Army Act, 1952, or the Air Force Act, 1953, is commissioned and in pay as an officer doing military or air force duty with the military or air forces of Bangladesh, or is an officer doing such duty in any arm, branch or part of those forces; or (b)\ta person doing military or air force duty as a warrant officer with either of those forces or with any arm, branch, or part thereof, whether he is or is not an officer within the meaning of the 10Army Act, 1952, or the Air Force Act, 1953; (xxii)\t\"nuisance\" includes any act, omission, place or thing which causes or is likely to cause injury, danger, annoyance or offence to the sense of sight, smell or hearing, or which is or may be dangerous to life or injurious to health or property; (xxiii)\t\"occupier\" includes an owner in occupation of, or otherwise using this own land or building; (xxiv)\t\"Officer Commanding the District\" means the Officer Commanding any one of the districts into which Bangladesh is for military purposes for the time being divided, or any brigade area which does not form part of any such district, or any area which the Government may, by notification in the official Gazette, declare to be such a district for all or any of the purposes of this Act; 11(xxiva)\t\"Officer Commanding the station\" means the military officer for the time being in command of the forces in a cantonment, or, if that officer is the Officer Commanding the District or Officer Commanding-in-Chief, the Command, the military officer who would be in command of those forces in the absence of the Officer Commanding the District and Officer Commanding-in-Chief, the Command; 12* * * (xxvi) \t\"owner\" includes any person who is receiving or is entitled to receive the rent of any building or land whether on his own account or on behalf of himself and others or an agent or trustee, or who would so receive the rent or be entitled to receive it if the building or land where let to a tenant; (xxvii) \t\"party wall\" means a wall forming part of a building and used or constructed to be used for the support or separation of adjoining buildings belonging to different owners, or constructed or adapted to be occupied by different persons; (xxviii) \t\"private market\" means a market which is not maintained by a Board and which is licensed by a Board under the provisions of this Act; (xxix) \t\"private slaughter-house\" means a slaughter-house which is not maintained by a Board and which is licensed by a Board under the provisions of this Act; (xxx)\t\"public market\" means a market maintained by a Board; (xxxi) \t\"public place\" means any place which is open to the use and enjoyment of the public, whether it is actually used or enjoyed by the public or not; (xxxii)\t\"public slaughter-house\" means a slaughter-house maintained by a Board; 13(xxxiia) \ta person is deemed to reside in a cantonment if he maintains therein a house or a portion of a house which is at all times available for occupation by himself or his family even though he may himself reside elsewhere, provided that he has not abandoned all intention of again occupying such house either by himself or his family; (xxxiii) \t\"shed\" means a slight or temporary structure for shade or shelter; (xxxiv) \t\"slaughter-house\" means any place ordinarily used for the slaughter of animals for the purpose of selling the flesh thereof for human consumption; (xxxv) \t\"soldier\" means a person who is a soldier or airman within the meaning of the 14Army Act, 1952, and who is not a military officer; (xxxvi) \t\"spirituous liquor\" means any fermented liquor, any wine, or any alcoholic liquid obtained by distillation or the sap of any kind of palm tree, and includes any other liquid containing alcohol which the Government may, by notification in the official Gazette, declare to be a spirituous liquor for the purposes of this Act; (xxxvii) \t\"street\" includes any way, road, lane, square, court, alley or passage in a cantonment, whether a thoroughfare or not and whether built upon or not, over which the public have a right-of-way and also the road-way or foot-way over any bridge or causeway; (xxxviii) \"vehicle\" means a wheeled conveyance of any description which is capable of being used on a street, and includes a motor-car, motor lorry, motor omnibus, cart, locomotive, 15* * * hand-cart, truck, motor-cycle, bicycle, tricycle and rickshaw; (xxxix) \t\"water-works\" includes all lakes, tanks, streams, cisterns, springs, pumps, wells, reservoirs, aqueducts, water-trucks, sluices, mains, pipes, culverts, hydrants, stand-pipes, and conduits, and all machinery, lands, buildings, bridges and things, used for, or intended for the purpose of, supplying water to a cantonment; and (xl)\t\"year\" means the year commencing on the first day of July.",
"name": "Definitions",
"related_acts": "248,256,248,256,248",
"section_id": 2
},
{
"act_id": 133,
"details": "3.(1) The Government may, by notification in the official Gazette, declare any place or places in which any part of the regular forces or the regular air force of Bangladesh is quartered or which, being in the vicinity of any such place or places, is or are required for the service of such forces to be a cantonment for the purposes of this Act and of all other enactments for the time being in force, and may, by a like notification, declare that any cantonment shall cease to be a cantonment. (2)\t The Government may, by a like notification, define the limits of any cantonment for the aforesaid purposes. (3)\tWhen any place is declared a cantonment for the first time, the Government may, until a Board is constituted in accordance with the provisions of this Act, by order make any provision which appears necessary to it either for the administration of the Cantonment or for the constitution of the Board. (4)\tThe Government may, by notification in the official Gazette, direct that in any place declared a cantonment under sub-section (1) the provisions of any enactment relating to local self-government other than this Act shall have effect only to such extent or subject to such modifications, or that any authority constituted under any such enactment shall exercise authority only to such extent, as may be specified in the notification.",
"name": "Definition of cantonments",
"related_acts": "",
"section_id": 3
},
{
"act_id": 133,
"details": "4.(1) The Government may, by notification in the official Gazette, declare its intention to include within a cantonment any local area situated in the vicinity thereof or to exclude from a cantonment any local area comprised therein. (2)\tAny inhabitant of a cantonment or local area in respect of which a notification has been published under sub-section (1) may, within six weeks from the date of the notification, submit in writing to the Government through the Officer Commanding-in-Chief, the Command, an objection to the notification, and the Government shall take such objection into consideration. (3)\tOn the expiry of six weeks from the date of the notification, Government may, after considering the objections, if any, which have been submitted under sub-section (2), by notification in the official Gazette, include the local area in respect of which the notification was published under sub-section (1), or any part thereof, in the cantonment or, as the case may be, exclude such area or any part thereof in the cantonment.",
"name": "Alteration of limit of cantonments",
"related_acts": "",
"section_id": 4
},
{
"act_id": 133,
"details": "5. When, by a notification under section 4, any local area is included in a cantonment, such area shall thereupon become subject to this Act and to all other enactments for the time being in force throughout the cantonment and to all notifications, rules, regulations, bye-laws, orders and directions issued or made thereunder.",
"name": "The effect of including area in cantonment",
"related_acts": "",
"section_id": 5
},
{
"act_id": 133,
"details": "6.(1) When, by a notification under section 3, any cantonment ceases to be a cantonment and the local area comprised therein is immediately placed under the control of a local authority, the balance of the cantonment fund and other property vesting in the Board shall vest in such local authority, and the liabilities of the Board shall be transferred to such local authority. (2)\tWhen, in like manner, any cantonment ceases to be a cantonment and the local area comprised therein is not immediately placed under the control of a local authority, the balance of the cantonment fund and other property vesting in the Board shall vest in Government, and the liabilities of the Board shall be transferred to the Government.",
"name": "Disposal of cantonment fund when area ceases to be a cantonment",
"related_acts": "",
"section_id": 6
},
{
"act_id": 133,
"details": "7.(1) When, by a notification under section 4, any local area forming part of a cantonment ceases to be under the control of a particular Board and is immediately placed under the control of some other local authority, such portion of the cantonment fund and other property vesting in the Board and such portion of the liabilities of the Board, as the Government may, by general or special order, direct, shall be transferred to that other local authority. (2)\tWhen, in like manner, any local area forming part of a cantonment cases to be under the control of a particular Board and is not immediately placed under the control of some other local authority, such portion of the cantonment fund and other property vesting in the Board shall vest in Government, and such portion of the liabilities of the Board shall be transferred to the Government, as the Government may, by general or special order, direct.",
"name": "Disposal of cantonment fund when area ceases to be included in a cantonment",
"related_acts": "",
"section_id": 7
},
{
"act_id": 133,
"details": "8.\tAny cantonment fund or portion of a cantonment fund or other property of a Board vesting in Government under the provisions of section 6 or section 7 shall be applied in the first place to satisfy any liabilities of the Board transferred under such provisions to the Government and in the second place for the benefit of the inhabitants of the local area which has ceased to be a cantonment or, as the case may be, part of a cantonment.",
"name": "Application of funds and property transferred under sections 6 and 7",
"related_acts": "",
"section_id": 8
},
{
"act_id": 133,
"details": "9.\tThe Government may, by notification in the official Gazette, exclude from the operation of any part of this Act the whole or any part of a cantonment, or direct that any provision of this Act shall, in the case of any cantonment in which the Board is superseded under section 54, apply with such modifications as may be so specified.",
"name": "Limitation of operation of Act",
"related_acts": "",
"section_id": 9
},
{
"act_id": 133,
"details": "10.\tFor every cantonment there shall be a Cantonment Board and an Executive Officer.",
"name": "Cantonment Board and Executive Officer",
"related_acts": "",
"section_id": 10
},
{
"act_id": 133,
"details": "11.\tEvery Board shall, by the name of the place by reference to which the cantonment is known, be a body corporate having prepetual succession and a common seal with power to acquire and hold property both movable and immovable and to contract and shall, by the said name, sue and be sued.",
"name": "Incorporation of Cantonment Board",
"related_acts": "",
"section_id": 11
},
{
"act_id": 133,
"details": "12.(1) The Executive Officer of every cantonment shall be appointed by the Government, or by such person as the Government may authorise in this behalf, 16* * *: 17* * * (2)\tNot less than half the cost of the salary of the Executive Officer and a proportionate share of the his leave salary and pension contribution shall be paid to the Government from the cantonment fund: 18* * * (3)\tThe Executive Officer shall be the Principal Executive Officer of the Cantonment Board and the Secretary of the Board and of every committee of the Board but shall not be a member of the Board or of any such committee. He shall have the right to take part in the discussions but not to move any proposals at the meetings of the Board and of the Committees.",
"name": "Appointment of Executive Officer",
"related_acts": "",
"section_id": 12
},
{
"act_id": 133,
"details": "13.(1) Cantonments shall be divided into three classes, namely:- (i)\tClass I Cantonments, in which the civil population exceeds ten thousand; (ii)\tClass II Cantonment, in which the civil population exceeds two thousand five hundred, but does not exceed ten thousand; and (iii)\tClass III Cantonments, in which the civil population does not exceed two thousand five hundred. (2)\tFor the purposes of sub-section (1), the civil population shall be calculated in accordance with the latest official census, or, if the Government, by general or special order, so directs, in accordance with a special census taken for the purpose.",
"name": "Classification of Cantonments",
"related_acts": "",
"section_id": 13
},
{
"act_id": 133,
"details": "1913A.(1) In Class I Cantonments, the Board shall consist of the following members, namely:- (a)\tthe Officer Commanding the station or, if the Government so directs in respect of any cantonment, such other civil or military officer as may be nominated in his place by the Officer Commanding-in-Chief, the Command; 20* * * (c)\ta Magistrate of the first class nominated by the District Magistrate; (d)\tthe Health Officer; (e)\tthe Executive Engineer; (f)\tfour civil or military officers nominated by the Officer Commanding the station by order in writing: 21* * * (2)\tIn Class II Cantonments, the Board shall consist of the following members, namely:- (a)\tthe Officer Commanding the station or, if the Government so directs in respect of any cantonment, such other civil or military officer as may be nominated in his place by the Officer Commanding-in-Chief, the Command; 22* * * (c)\ta Magistrate of the first class nominated by the District Magistrate; (d)\tthe Health Officer; (e)\tthe Executive Engineer; (f)\tthree civil or military officers nominated by the Officer Commanding the station by order in writing: 23* * * (3)\tIn Class III Cantonments, the Board shall consist of the following members, namely:- (a)\tthe Officer Commanding the station or, if the Government so directs in respect of any cantonment, such other civil or military officer as may be nominated in his place by the Officer Commanding-in-Chief, the Command; 24* * * (c)\tone civil 25and one military officer nominated by the Officer Commanding the station by order in writing. (4)\tThe Officer Commanding the station may, if he thinks fit, with the sanction of the Officer Commanding-in-Chief, the Command, nominate in place of any civil or military officer whom he is empowered to nominate under clause (f) of sub-section (1), clause (f) of sub-section (2) or clause (c) of sub-section (3), any person, whether in the service of the 26Republic or not, who is ordinarily resident in the cantonment or in the vicinity thereof. (5)\tThe name of every 27* * * nominated member of the Board, and every vacancy in the membership thereof, shall be notified by the Government in the official Gazette.",
"name": "Constitution of Cantonment Boards",
"related_acts": "",
"section_id": 14
},
{
"act_id": 133,
"details": "14.(1) Notwithstanding anything contained in section 13A, if the Government is satisfied- (a)\tthat, by reason of military operations it is necessary, or (b)\tthat, for the administration of the cantonment, it is desirable, to vary the constitution of the Board in any cantonment under this section, the Government may, by notification in the official Gazette, make a declaration to that effect. (2)\tUpon the making of a declaration under sub-section (1), the Board in the cantonment shall consist of the following members, namely:- (a)\tthe Officer Commanding the station; (b)\tone military officer nominated by name by the Officer Commanding the station by order in writing; (c)\tone member, not being a person in the service of the 28Republic, nominated by the Officer Commanding the station: 29* * * (3)\tEvery nomination of a member of a Board constituted under this section, and every vacancy in the membership thereof, shall be notified by the Government in the official Gazette. (4)\tThe term of office of a Board constituted by a declaration under sub-section (1) shall not ordinarily extend beyond one year: Provided that the Government may from time to time, by a like declaration, extend the term of office of such a Board by any period not exceeding one year at a time: Provided also that the Government shall forthwith direct that the term of office of such a Board shall cease if, in the opinion of the Government, the reasons stated in the declaration whereby such Board was constituted, or its term of office was extended, have ceased to exist. (5)\tWhen the term of office of a Board constituted under this section has expired or ceased, the Board shall be replaced by the former Board which, but for the declaration under sub-section (1), would have continued to hold office, or, if the term of office of such former Board has expired, by a Board constituted under section 13A.",
"name": "Power to vary constitution of Boards in special circum-stances",
"related_acts": "",
"section_id": 15
},
{
"act_id": 133,
"details": "16-17. Omitted by section 7 of the Cantonments (Amendment) Ordinance, 1960 (Ordinance No. XXXVIII of 1960).",
"name": "Omitted",
"related_acts": "",
"section_id": 16
},
{
"act_id": 133,
"details": "15. 30(1) The term of office of a member of a Board shall be five years and shall commence from the date of the notification of his nomination under sub-section (5) of section 13A, or from the date on which the vacancy has occurred in which he is nominated, whichever be later. (2) The term of office of an ex-officio member of a Board 31* * * shall continue so long as he holds the office in virtue of which he is such member. (3)\tOmitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973). (4)\tAn outgoing member shall, unless the Government otherwise directs, continue in office until the 32* * * nomination of his successor is notified under sub-section (5) of section 13A. (5)\tAn outgoing nominated member may, if qualified, be renominated.",
"name": "Term of office of members",
"related_acts": "430",
"section_id": 17
},
{
"act_id": 133,
"details": "18.(1) Every 33* * * person who is by virtue of his office, or who is nominated to be, a member of a Board shall, before taking his seat, make at a meeting of the Board an oath or affirmation of his allegiance in the following form, namely:- I, ..............., having become/been nominated a member of this Board, do solemnly swear (or affirm) that I will bear true faith and allegiance to Bangladesh and that I will faithfully discharge the duty upon which I am about to enter. (2)\tIf any such person fails to make the oath or affirmation within such time as the Government considers reasonable, the Government shall, by notification in the official Gazette, declare his seat to be vacant.",
"name": "Oath or affirmation",
"related_acts": "",
"section_id": 18
},
{
"act_id": 133,
"details": "19.(1) Any nominated 34* * * member of a Board who wishes to resign his office may forward his resignation in writing through the President of the Board to the Officer Commanding-in-Chief, the Command, who shall forward it for orders to the Government. (2)\tIf the Government accepts the resignation, such acceptance shall be communicated to the Board, and there upon the seat of the member resigning shall become vacant.",
"name": "Resignation",
"related_acts": "",
"section_id": 19
},
{
"act_id": 133,
"details": "20.(1) The Officer Commanding the station, or the civil or military officer nominated in his place under section 13A, shall be the President of the Board. 35(2)\tIn every Board constituted under section 13A in a class I Cantonment or class II Cantonment, there shall be a Vice-President elected by the members from amongst their number.",
"name": "President and Vice-President",
"related_acts": "",
"section_id": 20
},
{
"act_id": 133,
"details": "21.(1) Unless he resigns his office under sub-section (2) or is removed under sub-section (3), the term of office of a Vice-President shall be five years or the residue of his term of office as a member, whichever is less. (2)\tA Vice-President may resign his office by notice in writing to the President and, on the resignation being accepted by the Board, the office shall become vacant. (3)\tA Vice-President may be removed from his office by the Government at any time during the term of his office if a no-confidence motion is passed against him by a two-third majority of the 36* * * members of the Board at a meeting specially convened for this purpose, and on such removal the office shall become vacant.",
"name": "Term of office of Vice-President",
"related_acts": "",
"section_id": 21
},
{
"act_id": 133,
"details": "22.(1) It shall be the duty of the President of every Board- (a)\tunless prevented by reasonable cause, to convene and preside at all meetings of the Board and to regulate the conduct of business threat; (b)\tto exercise supervision and control over the financial and executive administration of the Board; (c)\tto perform all the duties and exercise all the powers specifically imposed or conferred on the President by or under this Act; and (d)\tsubject to any restrictions, limitations and conditions imposed by this Act, to exercise executive power for the purpose of carrying out the provisions of this Act and to be directly responsible for the fulfilment of the purposes of this Act. (2)\tThe President may, by order in writing, empower the Vice-President to exercise all or any of the powers and duties referred to in clause (c) of sub-section (1) other than any power, duty or function which he is by resolution of the Board expressly forbidden to delegate. (3)\tThe exercise or discharge of any powers, duties or functions delegated by the President under this section shall be subject to such restrictions, limitations and conditions, if any, as may be laid down by the President and to the control of, and to revision by, the President. (4)\tEvery order made under sub-section (2) shall forthwith be communicated to the Board and to the Officer Commanding-in-Chief, the Command.",
"name": "Duties of President",
"related_acts": "",
"section_id": 22
},
{
"act_id": 133,
"details": "23.\tIt shall be the duty of the Vice-President of every Board- (a)\tin the absence of the President and unless prevented by reasonable cause, to preside at meetings of the Board and when so presiding to exercise the authority of the President under sub-section (1) of section 22; (b)\tduring the incapacity or temporary absence of the President or pending his appointment or succession, to perform any other duty and exercise any other power of the President; and (c)\tto exercise any power and perform any duty of the President which may be delegated to him under sub-section (2) of section 22.",
"name": "Duties of Vice-President",
"related_acts": "",
"section_id": 23
},
{
"act_id": 133,
"details": "24.\tThe Executive Officer shall perform all the duties imposed upon him by or under this Act, and shall be responsible for the custody of all the records of the Board, and shall arrange for the performance of such duties relative to the proceedings of the Board or of any Committee of the Board or of any Committee of Arbitration constituted under this Act, as those bodies may respectively impose on him, and shall comply with every requisition of the Board, on any matter pertaining to the administration of the cantonment.",
"name": "Duties of the Executive Officer",
"related_acts": "",
"section_id": 24
},
{
"act_id": 133,
"details": "26-31. Omitted by section 11 of the Cantonment (Amendment) Ordinance, 1960 (Ordinance No. XXXVIII of 1960).",
"name": "Omitted",
"related_acts": "",
"section_id": 25
},
{
"act_id": 133,
"details": "25.\tThe Executive Officer may, in cases of emergency, direct the execution of any work or the doing of any act which would ordinarily require the sanction of the Board and the immediate execution or doing of which is, in his opinion, necessary for the service or safety of the public, and may direct that the expense of executing such work or doing such act shall be paid from the cantonment fund: Provided that- (a)\the shall not act under this section without the previous sanction of the President or, in his absence, of the Vice-President; (b)\the shall not act under this section in contravention of any order of the Board prohibiting the execution of any particular work or the doing of any particular act; and (c)\the shall report forthwith the action taken under this section and the reasons therefor to the Board.",
"name": "Special power of the Executive Officer",
"related_acts": "",
"section_id": 26
},
{
"act_id": 133,
"details": "32.\tNo member of a Board shall vote at a meeting of the Board or of any committee of the Board on any question relating to his own conduct or on any matter, other than a matter affecting generally the inhabitants of the cantonment, which affects his own pecuniary interest or the valuation of any property in respect of which he is directly or indirectly interested, or of any property of or for which he is a manager or agent.",
"name": "Member not to vote on matter in which he is interested",
"related_acts": "",
"section_id": 27
},
{
"act_id": 133,
"details": "33.\tEvery member of a Board shall be liable for the loss, waste or misapplication of any money or other property belonging to the Board if such loss, waste or misapplication is a direct consequence of his neglect or misconduct while such member; and a suit for compensation for the same may be instituted against him either by the Board or by the Government.",
"name": "Liability of members",
"related_acts": "",
"section_id": 28
},
{
"act_id": 133,
"details": "34.(1) The Government may remove from a Board any member thereof who- 37* * * (b)\thas absented himself for more than three consecutive months from the meetings of the Board and is unable to explain such absence to the satisfaction of the Board; or (c)\thas knowingly contravened the provisions of section 32; or (d)\thas, in the opinion of the Government, so flagrantly abused in any manner his position as a member of the Board as to render his continuance as such member detrimental to the public interests; or (e)\tbeing a legal practitioner, acts or appears on behalf of any other person against the Board in any legal proceeding, or against the Government in any such proceeding relating to any matter in which the Board is or has been concerned, or acts or appears on behalf of any person in any criminal proceedings instituted by or on behalf of the Board against such person; or (f)\tholds a contract for work to be done for, or goods to be supplied to, the Board concerned, or has otherwise any pecuniary interest in its affairs. (2)\tThe Government may, on receipt of a report from the Officer Commanding the station, through the Officer Commanding-in-Chief, the Command, remove from a Board any civil or military officer nominated a member of the Board who is, in the opinion of the Officer Commanding the station, unable to discharge his duties as such member and has failed to resign his office. (3) and (4) Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973). (5)\tNo court shall have jurisdiction to enquire into or question the validity of anything done or any order made under this section.",
"name": "Removal of members",
"related_acts": "430",
"section_id": 29
},
{
"act_id": 133,
"details": "35.(1) A member removed under clause (b) of sub-section (1) 38* * * of section 34 shall, if otherwise qualified, be eligible for re-election or re-nomination. (2)\tA member removed under clause (c) or clause (d) of sub-section (1) of section 34 shall not be eligible for 39* * * nomination for the period during which, but for such removal, he would have continued in office. (3)\tA member removed under sub-section (2) of section 34 shall not be eligible for 40* * * nomination until the expiry of three years from the date of his removal.",
"name": "Consequences of removal",
"related_acts": "",
"section_id": 30
},
{
"act_id": 133,
"details": "4136A. Every officer or servant, permanent or temporary, of a Board shall be deemed to be a public servant within the meaning of the Penal Code 42* * *.",
"name": "Cantonment servant to be deemed a public servant",
"related_acts": "",
"section_id": 31
},
{
"act_id": 133,
"details": "36.(1) No person who has directly or indirectly by himself or his partner any share or interest in a contract with, by or on behalf of a Board or in any employment under, by or on behalf of a Board, otherwise than as a servant of the Board, shall become or remain a servant of such Board. (2)\tA servant of a Board who knowingly acquires or continues to have directly or indirectly by himself or his partner any share or interest in a contract with, by or on behalf of the Board or, in any employment under, by or on behalf of, the Board, otherwise than as a servant of the Board, shall be deemed to have committed an offence under section 168 of the Penal Code. (3)\tNothing in this section shall apply to any share or interest in any contract with, by or on behalf of, or employment under, by or on behalf of a Board if the same is a share in a company contracting with, or employed by, or on behalf of, the Board or is a share or interest acquired or retained with the permission of the Officer Commanding-in-Chief, the Command in any lease or sale to, or purchase by, the Board of land or buildings or in any agreement for the same. (4)\tEvery person applying for employment as a servant of a Board shall, if he is related by blood or marriage to any member of the Board or to any person, not being a menial servant, in receipt of remuneration from the Board, notify the fact and the nature of such relationship to the appointing authority before the appointment is made, and if he has failed to do so, his appointment shall be invalid but without prejudice to the validity of anything previously done by him.",
"name": "Disqualification of person as servant of Board",
"related_acts": "",
"section_id": 32
},
{
"act_id": 133,
"details": "37.(1) Every board shall ordinarily hold at least one meeting in every month on such day as may be fixed, and of which notice shall be given in such manner as may be provided, by regulations made by the Board under this Chapter. (2)\tThe President may, whenever he thinks fit, and shall, upon a requisition in writing by not less than one-fourth of the members of the Board, convene a special meeting. (3)\tAny meeting may be adjourned until the next or any subsequent day, and an adjourned meeting may be further adjourned in like manner.",
"name": "Meetings",
"related_acts": "",
"section_id": 33
},
{
"act_id": 133,
"details": "38.\tSubject to any regulation made by the Board under this Chapter, any business may be transacted at any meeting: Provided that no business relating to the imposition, abolition or modification of any tax shall be transacted at a meeting unless notice of the same and of the date fixed therefor has been sent to each member not less than seven days before that date.",
"name": "Business to be transacted",
"related_acts": "",
"section_id": 34
},
{
"act_id": 133,
"details": "39.(1) The quorum necessary for the transaction of business at a meeting of a Board 43constituted under sub-section (1) of section 13A, shall be four and of a Board constituted under sub-section (2) of section 13A shall be three. 44(1A) The quorum necessary for the transaction of business at a meeting of a Board constituted under sub-section (3) of section 13A or under sub-section (1) of section 14, shall be two. (2)\tIf a quorum is not present, the President shall adjourn the meeting and the business which would have been brought before the original meeting if there had been a quorum present thereat shall be brought before, and may be transacted at, an adjourned meeting, whether there is a quorum present or not.",
"name": "Quorum",
"related_acts": "",
"section_id": 35
},
{
"act_id": 133,
"details": "40.\tIn the absence of- (a)\tboth the President and the Vice-President from any meeting of a Board 45* * *, (b)\tthe President from a meeting of a Board constituted under sub-section (3) of section 13A or sub-section (1) of section 14, the members present shall elect one from among their own number to preside.",
"name": "Presiding officer",
"related_acts": "",
"section_id": 36
},
{
"act_id": 133,
"details": "41.(1) Minutes of the proceedings of each meeting shall be recorded in a book and shall be signed by the President before the close of the meeting, and shall, at such times and in such place as may be fixed by the Board, be open to inspection free of charge by any inhabitant of the cantonment. (2)\tCopies of the minutes shall, as soon as possible after each meeting, be forwarded for information to the Officer Commanding-in-Chief, the Command, the Officer Commanding the District, the Officer Commanding the brigade area, the District Magistrate and the Military Estates Officer.",
"name": "Minutes",
"related_acts": "",
"section_id": 37
},
{
"act_id": 133,
"details": "42.\tEvery meeting of a Board shall be open to the public unless in any case the President, for reasons to be recorded in the minutes, otherwise directs.",
"name": "Meetings to be public",
"related_acts": "",
"section_id": 38
},
{
"act_id": 133,
"details": "43.(1) All questions coming before a meeting shall be decided by the majority of the votes of the members present and voting. (2)\tIn the case of an equality of votes, the President shall have a second or casting vote. (3)\tThe dissent of any member from any decision of the Board shall, if the member so requests, be entered in the minutes, together with a short statement of the grounds for such dissent.",
"name": "Method of deciding questions",
"related_acts": "",
"section_id": 39
},
{
"act_id": 133,
"details": "4643A.(1)\tEvery Board constituted under section 13A in a Class I Cantonment or Class II Cantonment shall appoint a committee consisting of the 47Vice-President of the Board, the Health Officer and the Executive Engineer for the administration of such areas in the cantonment as the Government may, by notification in the official Gazette, declare to be bazar areas, and may delegate its powers and duties to such committee in the manner provided in clause (e) of sub-section (1) of section 44. (2)\tThe Vice-President of the Board shall be the Chairman of the committee appointed under sub-section (1).",
"name": "Committees for Bazars",
"related_acts": "",
"section_id": 40
},
{
"act_id": 133,
"details": "44.(1) A Board may make regulations consistent with this Act and with the rules made thereunder to provide for all or any of the following matters, namely:- (a)\tthe time and place of its meetings; (b)\tthe manner in which notice of the meeting shall be given; (c)\tthe conduct of proceedings at meetings and the adjournment of meetings; (d)\tthe custody of the common seal of the Board and the purpose for which it shall be used; and (e)\tthe appointment of committees for any purpose and the determination of all matters relating to the constitution and procedure of such committees, and the delegation to such committees, subject to any conditions which the Board thinks fit to impose, of any of the powers or duties of the Board under this Act other than a power to make regulations or bye-laws. (2)\tNo regulation made under clause (e) of sub-section (1) shall take effect until it has been approved by the Government. (3)\tNo regulation made under this section shall take effect until it has been published in such manner as the Government may direct.",
"name": "Power to make regulations",
"related_acts": "",
"section_id": 41
},
{
"act_id": 133,
"details": "4845A. Every board shall, as soon as may be after the close of the year and not later than the date fixed in this behalf by the Government, submit to the Government through the Officer Commanding-in-Chief, the Command, a report on the adminis-tration of the cantonment during the preceding financial year, in such form and containing such details as the Government may direct. The comments, if any, of the Officer Commanding-in-Chief, the Command, on such report shall be communicated by him to the Board which shall be allowed a reasonable time to furnish a reply thereto, and the comments together with the reply, if any, shall be forwarded to the Government along with the report.",
"name": "Report on administration",
"related_acts": "",
"section_id": 42
},
{
"act_id": 133,
"details": "45.(1) A Board may- (a)\tjoin with any other local authority- (i)\tin appointing a joint committee for any purpose in which they are jointly interested and in appointing a chairman of such committee; (ii)\tin delegating to such committee power to frame terms binding on the Board and such other local authority as to the construction and future maintenance of any joint work or to exercise any power which might be exercised by the Board or by such other local authority; and (iii)\tin making rules for regulating the proceedings of any such committee relating to the purposes for which it has been appointed; or (b)\twith the previous sanction of the Officer Commanding-in-Chief, the Command, and the 49Government, enter into an agreement with any other local authority regarding the levy of any tax or toll whereby the said tax or toll respectively leviable by the Board and by such other local authority may be levied together instead of separately within the limits of the aggregate area comprising the areas subject to the control of the Board and such other local authority. (2)\tIf any difference of opinion arises between any Board and other local authority acting together under this section, the decision thereon of the Government or of an officer appointed by the Government in this behalf shall be final. (3)\tWhen any agreement such as is referred to in clause (b) of sub-section (1) has been entered into, then (a)\twhere the agreement relates to an octroi or terminal tax or toll, the other local authority with which the Board has made such agreement shall have the same powers to establish octroi limits and octroi stations and places for the collection of the terminal tax and terminal toll within the cantonment, as it has within the area ordinarily subject to its control; (b)\tsuch other local authority shall have the same power of collecting such tax or toll in the cantonment, and the provisions of any enactment in force relating to the levy of such tax or toll by such other local authority shall apply in the same manner, as if the cantonment were comprised within the area ordinarily subject to its control; and (c)\tthe total of the collection of such tax and toll made in the cantonment and in the area ordinarily subject to the control of such other local authority and the costs thereby incurred shall be divided between the cantonment fund and the fund subject to the control of such other local authority, in such proportion as may have been determined by the agreement.",
"name": "Joint action with other local authority",
"related_acts": "",
"section_id": 43
},
{
"act_id": 133,
"details": "46.\tThe Government may at any time require a Board- (a)\tto produce any record, correspondence, plan or other document in its possession or under its control; (b)\tto furnish any return, plan, estimate, statement, account or statistics relating to its proceedings, duties or works; (c)\tto furnish or obtain and furnish any report.",
"name": "Power of Government to require production of documents",
"related_acts": "",
"section_id": 44
},
{
"act_id": 133,
"details": "47.\tThe Government or the Officer Commanding-in-Chief, the Command, may depute any person in the service of the 50Republic to inspect or examine any department of the office of, or any service or work undertaken by, or thing belonging to, a Board, and to report thereon, and the Board and its officers and servants shall be bound to afford the person so deputed access at all reasonable times to the premises and property of the Board and to all records, accounts and other documents the inspection of which he may consider necessary to enable him to discharge his duties.",
"name": "Inspection",
"related_acts": "",
"section_id": 45
},
{
"act_id": 133,
"details": "48.\tThe Officer Commanding-in-Chief, the Command, may, by order in writing,- (a)\tcall for any book or document in the possession or under the control of the Board; (b)\trequire the Board to furnish such statements, accounts, reports and copies of documents relating to its proceedings, duties or works as he thinks fit.",
"name": "Power to call for documents",
"related_acts": "",
"section_id": 46
},
{
"act_id": 133,
"details": "49.\tIf, on receipt of any information or report obtained under section 46 or section 47 or section 48, the Government or the Officer Commanding-in-Chief, the Command, is of opinion- (a)\tthat any duty imposed on a Board by or under this Act has not been performed or has been performed in an imperfect, inefficient or unsuitable manner, or (b)\tthat adequate financial provision has not been made for the performance of any such duty, it or he may, direct the Board, within such period as it or he thinks fit, to make arrangements to its or his satisfaction for the proper performance of the duty, or, as the case may be, to make financial provision to its or his satisfaction for the performance of the duty: Provided that, unless in the opinion of the Government or the Officer Commanding-in-Chief, the Command, as the case may be, the immediate execution of such order is necessary, it or he shall, before making any direction under this section, give the Board an opportunity of showing cause why such direction should not be made.",
"name": "Power to require execution of work, etc.",
"related_acts": "",
"section_id": 47
},
{
"act_id": 133,
"details": "50.\tIf, within the period fixed by a direction made under section 49, any action the taking of which has been directed under that section has not been duly taken, the Government or the Officer Commanding-in-Chief, the Command, as the case may be, may make arrangements for the taking of such action, and may direct that all expenses connected therewith shall be defrayed out of the cantonment fund.",
"name": "Power to Provide for enforcement of direction under section 49",
"related_acts": "",
"section_id": 48
},
{
"act_id": 133,
"details": "51.(1) If the President dissents from any decision of the Board, which he considers prejudicial to the health, welfare or discipline of the troops in the cantonment, he may, for reasons to be recorded in the minutes, by order in writing, direct the suspension of action thereon for any period not exceeding one month and, if he does so, shall forthwith refer the matter to the Officer Commanding-in-Chief, the Command, the reference being made, save in cases where the Officer Commanding the District is himself the Officer Commanding-in-Chief, the Command, for the purposes of this Act, through the Officer Commanding the District, who may make such recommendations thereon as he thinks fit. (2)\tIf the District Magistrate considers any decision of a Board to the prejudicial to the public health, safety or convenience, he may, after giving notice in writing of his intention to the Board, refer the matter to the Government; and, pending the disposal of the reference to the Government no action shall be taken on the decision. (3)\tIf any Magistrate who is a member of a Board, being present at a meeting, dissents from any decision which he considers prejudicial to the public health, safety or convenience, he may, for reasons to be recorded in the minutes and after giving notice in writing of his intention to the President, report the matter to the District Magistrate; and the President shall, on receipt of such notice, direct the suspension of action on the decision for a period sufficient to allow of a communication being made to the District Magistrate and of his taking proceedings as provided by sub-section (2).",
"name": "Power to override decision of Board",
"related_acts": "",
"section_id": 49
},
{
"act_id": 133,
"details": "52.(1) The Officer Commanding-in-Chief, the Command, may at any time- (a)\tdirect that any matter or any specific proposal other than one which has been referred to the Government under sub-section (2) of section 51 be considered or re-considered by the Board; or (b)\tdirect the suspension, for such period as may be stated in the order, of action on any decision of a Board, other than a decision which has been referred to him under sub-section (1) of section 51, and thereafter cancel the suspension or after giving the Board a reasonable opportunity of showing cause why such direction should not be made, direct that the decision shall not be carried into effect or that it shall be carried into effect with such modifications as he may specify. (2)\tWhen any decision of a Board has been referred to him under sub-section (1) of section 51, the Officer Commanding-in-Chief, the Command, may, by order in writing,- (a)\tcancel the order given by the President directing the suspension of action; or (b)\textend the direction of the order for such period as he thinks fit; or (c)\tafter giving the Board a reasonable opportunity of showing cause why such direction should not be made, direct that the decision shall not be carried into effect or that it shall be carried into effect by the Board with such modifications as he may specify.",
"name": "Power of Officer Commanding-in-Chief, the Command, on reference under section 51 or otherwise",
"related_acts": "",
"section_id": 50
},
{
"act_id": 133,
"details": "53.\tWhen any decision of a Board has been referred to the Government under sub-section (2) of section 51, the Government may, after consulting the Officer Commanding-in-Chief, the Command, by order in writing,- (a)\tdirect that no action be taken on the decision; or (b)\tdirect that the decision be carried into effect either without modification or with such modifications as it may specify.",
"name": "Powers of Government on a reference made under section 51",
"related_acts": "",
"section_id": 51
},
{
"act_id": 133,
"details": "54.(1) If, in the opinion of the Government, any Board is not competent to perform or persistently makes default in the performance of the duties imposed on it by or under this Act or otherwise by law, or exceeds or abuses its powers, the Government may, by an order published, together with the statement of the reasons therefor, in the official Gazette, declare the Board to be incompetent or in default or to have exceeded or abused its powers, as the case may be, and supersede if for such period as may be specified in the order: Provided that no Board shall be superseded unless a reasonable opportunity has been given to it to show cause against the supersession. (2)\tWhen a Board is superseded by an order under sub-section (1)- (a)\tall members of the Board shall, on such date as may be specified in the order, vacate their offices as such members but without prejudice to their eligibility for 51* * * nomination under clause (c); (b)\tduring the supersession of the Board, all powers and duties conferred and imposed upon the Board by or under this Act or otherwise by law shall be exercised and performed by the Officer Commanding the station subject to such reservation, if any, as the Government may prescribe in this behalf; and (c)\tbefore the expiry of the period of supersession 52nomination shall be made for the purpose of reconstituting the Board.",
"name": "Supersession of Board",
"related_acts": "",
"section_id": 52
},
{
"act_id": 133,
"details": "55.(1) No act or proceeding of a Board or of any committee of a Board shall be invalid by reason only of the existence of a vacancy in the Board or committee. (2)\tNo disqualification or defect in the 53*** nomination or appointment of a person acting as the President or a member of a Board or of any such committee shall vitiate any act or proceeding of the Board or committee if the majority of the persons present at the time of the act being done or the proceeding being taken were duly qualified members thereof. (3)\tAny document or minutes which purport to be the record of the proceedings of a Board or of any committee of a Board shall, if made and signed substantially in the manner prescribed for the making and signing of the record of such proceedings, be presumed to be a correct record of the proceedings of a duly convened meeting, held by a duly constituted Board or committee, as the case may be, whereof all the members were duly qualified.",
"name": "Validity of proceedings, etc.",
"related_acts": "",
"section_id": 53
},
{
"act_id": 133,
"details": "56.\tIf within a cantonment, or within such limits adjoining a cantonment as the Government may, by notification in the official Gazette define, any person not subject to military or air-force law or any person subject to military or air-force law otherwise than as a military officer or a soldier knowingly barters, sells or supplies, or officers or attempts to barter, sell or supply, any spirituous liquor or intoxicating drug to or for the use of any soldier or follower or soldier's wife or minor child without the written permission of the Officer Commanding the station or of some person authorised by the Officer Commanding the station to grant such permission, he shall be punishable with fine which may extend to one hundred Taka, or with imprisonment for a term which may extend to three months, or with both.",
"name": "Unauthorised sale of spirituous liquor or intoxicating drug",
"related_acts": "",
"section_id": 54
},
{
"act_id": 133,
"details": "57.\tIf within a cantonment, or within any limits defined under section 56,- (a)\tany person subject to military or air-force law otherwise than as a military officer or a soldier, or (b)\tthe wife or servant of any such person or of a soldier, has in his or her possession, except on behalf of the Government or for the private use of a military officer, more than one quart of any spirituous liquor, other than fermented maltliquor, without the written permission of the Officer Commanding the station or of some person authorised by the Officer Commanding the station to grant such permission, he or she shall be punishable, in the case of a first offence, with fine which may extend to fifty Taka, and, in the case of a subsequent offence, with imprisonment for a term which may extend to three months, or with fine which may extend to one hundred Taka.",
"name": "Unauthorised possession of spirituous liquor",
"related_acts": "",
"section_id": 55
},
{
"act_id": 133,
"details": "58.(1) Any police officer or excise officer may, without an order from a Magistrate and without a warrant, arrest any person whom he finds committing an offence under section 56 or section 57, and may seize and detain any spirituous liquor or intoxicating drug in respect of which such an offence has been committed and any vessels or coverings in which the liquor or drug is contained. (2)\tWhere a person accused of an offence under section 56 has been previously convicted of an offence under that section, an officer in charge of a police station may, with the written permission of a Magistrate, seize and detain any spirituous liquor or intoxicating drug within the cantonment or within any limits defined under that section which, at the time of the alleged commission of the subsequent offence, belonged to, or was in the possession of, such person. (3)\tThe Court convicting a person of an offence under section 56 or section 57 may order the confiscation of the whole or any part of anything seized under sub-section (1) or sub-section (2). (4)\tSubject to the provisions of Chapter XLIII of the Code of Criminal Procedure, 1898, anything, seized under sub-section (1) or sub-section (2) and not confiscated under sub-section (3) shall be restored to the person from whom it was taken.",
"name": "Arrest of persons and seizure and confiscation of things for offences against the two last foregoing sections",
"related_acts": "75",
"section_id": 56
},
{
"act_id": 133,
"details": "59.\tThe foregoing provisions of this Chapter shall not apply to the sale or supply of any article in good faith for medicinal purposes by a medical practitioner, chemist or druggist authorised in this behalf by a general or special order of the Officer Commanding the station.",
"name": "Saving of articles sold or supplied for medicinal purposes",
"related_acts": "",
"section_id": 57
},
{
"act_id": 133,
"details": "60.(1) The Board may, with the previous sanction of the Government, impose in any cantonment any tax which, under any enactment for the time being in force, may be imposed in any municipality 54* * *. (2)\tAny tax imposed under this section shall take effect from the date of its notification in the official Gazette.",
"name": "General power of taxation",
"related_acts": "",
"section_id": 58
},
{
"act_id": 133,
"details": "61.\tWhen a resolution has been passed by the Board proposing to impose a tax under section 60, the Board shall in the manner prescribed in section 255 publish a notice specifying- (a)\tthe tax which it is proposed to impose; (b)\tthe persons or classes of persons to be made liable and the description of the property or other taxable thing or circumstance in respect of which they are to be made liable; and (c)\tthe rate at which the tax is to be levied.",
"name": "Framing of preliminary proposals.",
"related_acts": "",
"section_id": 59
},
{
"act_id": 133,
"details": "62.(1) Any inhabitant of the cantonment may, within thirty days from the publication of the notice under section 61, submit to the Board an objection in writing to all or any of the proposals contained therein and the Board shall take any objection into consideration and pass orders thereon by special resolution. (2)\tIf the Board decides to modify its proposals or any of them, it shall re-publish the modified proposals in the manner provided by section 61 indicating that the proposals are in modification of the proposals previously published; and the provisions of sub-section (1) of this section shall apply to such modified proposals. (3)\tWhen the Board has finally settled the proposals, it shall submit them along with the objections, if any, made in connection therewith to the Government through the Officer Commanding-in-Chief, the Command.",
"name": "Objections and disposal thereof",
"related_acts": "",
"section_id": 60
},
{
"act_id": 133,
"details": "63.\tThe Government may authorise the Board to impose the tax either in the original form or, if any objection has been submitted, in that form or any such modified form as it thinks fit.",
"name": "Imposition of tax",
"related_acts": "",
"section_id": 61
},
{
"act_id": 133,
"details": "64.\tFor the purposes of this Chapter, \"annual value\" means- (a)\tin the case of railway stations, hotels, colleges, schools, hospitals, factories and any other buildings which a Board decides to assess under this clause, one-twentieth of the sum obtained by adding the estimated present cost of erecting the building to the estimated value of the land appertaining thereto, and (b)\tin the case of a building or land not assessed under clause (a), the gross annual rent for which such building (exclusive of furniture or machinery therein) or such land is actually let or, where the building or land is not let or in the opinion of the Board is let for a sum less than its fair letting value, might reasonably be expected to let from year to year: Provided that, where the annual value of any building is by reason of exceptional circumstances, in the opinion of the Board, excessive if calculated in the aforesaid manner, the Board may fix the annual value at any less amount which appears to it to be just.",
"name": "Definition of \"annual value\".",
"related_acts": "",
"section_id": 62
},
{
"act_id": 133,
"details": "65.(1) Save as otherwise expressly provided in the notification imposing the tax, every tax assessed on the annual value of buildings or lands or of both shall be leviable primarily upon the actual occupier of the property upon which the said tax is assessed, if he is the owner of the buildings or lands or holds them on a building or other lease granted by or on behalf of the Government or the Board or on a building lease from any person. (2)\tIn any other case, the tax shall be primarily leviable as follows, namely:- (a)\tif the property is let, upon the lessor; (b)\tif the property is sub-let, upon the superior lessor; (c)\tif the property is unlet, upon the person in whom the right to let the same vests. (3)\tOn failure to recover any sum due on account of such tax from the person primarily liable, there may be recovered from the occupier of any part of the buildings or lands in respect of which the tax is due such portion of the sum due as bears to the whole amount due the same ratio which the rent annually payable by such occupier bears to the aggregate amount of rent so payable in respect of the whole of the said buildings or lands, or to the aggregate amount of the letting value thereof, if any, stated in the authenticated assessment list. (4)\tAn occupier who makes any payment for which he is not primarily liable under this section shall, in the absence of any contract to the contrary, be entitled to be reimbursed by the person primarily liable for the payment, and, if so entitled, may deduct the amount so paid from the amount of any rent from time to time becoming due from him to such person.",
"name": "Incidence of taxation",
"related_acts": "",
"section_id": 63
},
{
"act_id": 133,
"details": "66.\tWhen a tax assessed on the annual value of buildings or lands or both is imposed, the Board shall cause an assessment list of all buildings or lands in the cantonment, or of both, as the case may be, to be prepared in such form as the Government may by rule prescribe.",
"name": "Assessment list",
"related_acts": "",
"section_id": 64
},
{
"act_id": 133,
"details": "67.\tWhen the assessment list has been prepared, the Board shall give public notice thereof, and of the place where the list or a copy thereof may be inspected, and every person claiming to be the owner, lessee or occupier of any property included in the list, and any authorised agent of such person, shall be at liberty to inspect the list and to make extracts therefrom free of charge.",
"name": "Publication of assessment list",
"related_acts": "",
"section_id": 65
},
{
"act_id": 133,
"details": "68.(1) The Board shall, at the same time, give public notice of a date, not less than one month thereafter, when it will proceed to consider the valuations and assessments entered in the assessment list, and, in all cases in which any property is for the first time assessed or the assessment is increased, it shall also give written notice thereof to the owner and to any lessee or occupier of the property. (2)\tAny objection to a valuation or assessment shall be made in writing to the Board before the date fixed in the notice, and shall state in what respect the valuation or assessment is disputed, and all objections so made shall be recorded in a register to be kept for the purpose by the Board. (3)\tThe objections shall be inquired into and investigated, and the persons making them shall be allowed an opportunity of being heard either in person or by authorised agent, by an Assessment Committee appointed by the Board. (4)\tThe Assessment Committee shall consist of not less than three persons, and, it shall not be necessary to appoint to the Assessment Committee any member of the Board.",
"name": "Revision of assessment list",
"related_acts": "",
"section_id": 66
},
{
"act_id": 133,
"details": "69.(1) When all objections made under section 68 have been disposed of, and the revision of the valuation and assessment has been completed, the assessment list shall be authenticated by the signature of the members of the Assessment Committee who shall, at the same time, certify that they have considered all objections duly made and have amended the list so far as is required by their decisions on such objections. (2)\tThe assessment list so authenticated shall be deposited in the office of the Board, and shall there be open, free of charge, during office hours to all owners, lessees and occupiers of property comprised therein or the authorised agents of such persons, and a public notice that it is so open shall forthwith be published.",
"name": "Authentication of assessment list",
"related_acts": "",
"section_id": 67
},
{
"act_id": 133,
"details": "70.\tSubject to such alterations as may thereafter be made in the assessment list under the provisions of this Chapter and to the result of any appeal made thereunder, the entries in the assessment list authenticated and deposited as provided in section 69 shall be accepted as conclusive evidence (i)\tfor the purpose of assessing any tax imposed under this Act, of the annual value or other valuation of all buildings and lands to which such entries respectively refer, and (ii)\tfor the purposes of any tax imposed on buildings or lands, of the amount of each such tax leviable thereon during the year to which such list relates.",
"name": "Evidential value of assessment list",
"related_acts": "",
"section_id": 68
},
{
"act_id": 133,
"details": "71.(1) The Board may amend the assessment list at any time- (a)\tby inserting or omitting the name of any person whose name ought to have been or ought to be inserted or omitted, or (b)\tby inserting or omitting any property which ought to have been or ought to be inserted or omitted, or (c)\tby altering the assessment on any property which has been erroneously valued or assessed through fraud, accident or mistake, whether on the part of the Board or of the Assessment Committee or of the assessee, or (d)\tby revaluing or re-assessing any property the value of which has been increased, or (e)\tin the case of a tax payable by an occupier, by changing the name of the occupier: Provided that no person shall by reason of any such amendment become liable to pay any tax or increase of tax in respect of any period prior to the commencement of the year in which the assessment is made. 55(1A) Before making any amendment under sub-section (1) the Board shall give to any person affected by the amendment notice of not less than one month that it proposes to make the amendment. (2)\tAny person interested in any such amendment may tender an objection to the Board in writing before the time fixed in the notice, and shall be allowed an opportunity of being heard in support of the same in person or by authorised agent.",
"name": "Amendment of assessment list",
"related_acts": "",
"section_id": 69
},
{
"act_id": 133,
"details": "72.\tThe Board shall prepare a new assessment list at least once in every three years, and for this purpose the provisions of sections 66 to 71 shall apply in like manner as they apply for the purpose of the preparation of an assessment list for the first time.",
"name": "Preparation of new assessment list",
"related_acts": "",
"section_id": 70
},
{
"act_id": 133,
"details": "73.(1) Whenever the title of any person primarily liable for the payment of a tax on the annual value of any building or land to or over such building or land is transferred, the person whose title is transferred and the person to whom the same is transferred shall, within three months after the execution of the instrument of transfer or after its registration, if it is registered, or after the transfer is effected, if no instrument is executed, give notice of such transfer to the Executive Officer. (2)\tIn the event of the death of any person primarily liable as aforesaid, the person on whom the title of the deceased devolves shall give notice of such devolution to the Executive Officer within six months from the death of the deceased. (3)\tThe notice to be given under this section shall be in such form as the Executive Officer may direct, and the transferee or other person on whom the title devolves shall, if so required, be bound to produce before the Executive Officer any documents evidencing the transfer or devolution. (4)\tEvery person who makes a transfer as aforesaid without giving such notice to the Executive Officer shall continue liable for the payment of all taxes assessed on the property transferred until he gives notice or until the transfer has been recorded in the registers of the Board, but nothing in this section shall be held to affect the liability of the transferee for the payment of the said tax. (5)\tThe Executive Officer shall record every transfer or devolution of title notified to him under sub-section (1) or sub-section (2) in the assessment list and other tax registers of the Board.",
"name": "Notice of transfers",
"related_acts": "",
"section_id": 71
},
{
"act_id": 133,
"details": "74.(1) If any building is erected or re-erected within the meaning of section 179, the owner shall give notice thereof to the Executive Officer within thirty days from the date of its completion or occupation, whichever is earlier. (2)\tAny person failing to give the notice required by sub-section (1) shall be punishable with fine which may extend to fifty Taka or ten times the amount of the tax payable on the said building, as erected or re-erected, as the case may be, in respect of a period of three months, whichever is greater.",
"name": "Notice of erection of buildings",
"related_acts": "",
"section_id": 72
},
{
"act_id": 133,
"details": "75.\tIf any building is wholly or partly demolished or destroyed or otherwise deprived of value, the Board may, on the application in writing of the owner or occupier, remit or refund such portion of any tax assessed on the annual value thereof as it thinks fit.",
"name": "Demolition, etc., of buildings",
"related_acts": "",
"section_id": 73
},
{
"act_id": 133,
"details": "76. \tIn a cantonment, when any building or land has remained vacant and unproductive of rent for sixty or more consecutive days, the Board shall remit or refund, as the case may be, such portion of any tax assessed on the annual value thereof as may be proportionate to the number of days during which the said building or land has remained vacant and unproductive of rent: 56* * *",
"name": "Remission of tax",
"related_acts": "",
"section_id": 74
},
{
"act_id": 133,
"details": "5777A. No remission or refund under section 76, or section 77 shall be made unless notice in writing of the fact that the building, land or tenement has become vacant and unproductive of rent has been given to the Board, and no remission or refund shall take effect in respect of any period commencing more than fifteen days before the delivery of such notice.",
"name": "Notice to be given of the circumstances in which remission or refund is claimed",
"related_acts": "",
"section_id": 75
},
{
"act_id": 133,
"details": "77.\tFor the purpose of obtaining a partial remission or refund of tax, the owner of a building composed of separate tenements may request the Board, at the time of the assessment of the building, to enter in the assessment list, in addition to the annual value of the whole building, a note recording in detail the annual value of each separate tenement. When any tenement, the annual value of which has been thus separately recorded, has remained vacant and unproductive of rent for sixty or more consecutive days, such portion of any tax assessed on the annual value of the whole building shall be remitted or refunded as would have been remitted or refunded if the tenement had been separately assessed.",
"name": "Power to require entry in assessment list of details of buildings",
"related_acts": "",
"section_id": 76
},
{
"act_id": 133,
"details": "78.(1) For the purposes of sections 76 and 77 no building, tenement or land shall be deemed vacant if maintained as a pleasure resort or town or country house, or be deemed unproductive of rent if let to a tenant who has a continuing right of occupation thereof, whether he is in actual occupation or not. (2)\tThe burden of proving all facts entitling any person to claim relief under section 75, or section 76, or section 77, shall be upon him.",
"name": "What buildings, etc., are to be deemed vacant",
"related_acts": "",
"section_id": 77
},
{
"act_id": 133,
"details": "79.(1) The owner of any building, tenement or land in respect of which a remission or refund of tax has been given under section 76 or section 77 shall give notice of the re-occupation of such building, tenement or land within fifteen days of such re-occupation. (2)\tAny owner failing to give the notice required by sub-section (1) shall be punishable with fine which shall not be less than twice the amount of the tax payable on such building, tenement or land in respect of the period during which it has been re-occupied and which may extend to fifty Taka, or to ten times the amount of the said tax, whichever sum is greater.",
"name": "Notice to be given of every occupation of vacant building or house",
"related_acts": "",
"section_id": 78
},
{
"act_id": 133,
"details": "80.\tA tax assessed on the annual value of any building or land shall, subject to the prior payment of the land-revenue, if any, due to the Government thereon, be a first charge upon the building or land.",
"name": "Tax on buildings and land to be a charge thereon",
"related_acts": "",
"section_id": 79
},
{
"act_id": 133,
"details": "81.\t Every person bringing or receiving any goods, vehicles or animals within the limits of any cantonment in which octroi or terminal tax or toll is leviable, shall, when so required by an officer duly authorized by the Board in this behalf, so far as may be necessary for ascertaining the amount of tax chargeable- (a)\tpermit that officer to inspect, examine or weigh such goods, vehicles or animals; and (b)\tcommunicate to that officer any information, and exhibit to him any bill, invoice or document of a like nature, which such person may possess relating to such goods, vehicles or animals.",
"name": "Inspection of imported goods, etc.",
"related_acts": "",
"section_id": 80
},
{
"act_id": 133,
"details": "82.(1) Any person who takes or attempts to take past any octroi station or any other place appointed within a cantonment for the collection of octroi, terminal tax or toll any goods, vehicles or animals, on account of which octroi, terminal tax or toll is leviable and thereby evades, or attempts to evade, the payment of such octroi, terminal tax or toll, and any person who abets any such evasion or attempt at evasion, shall be punishable with fine which may extend either to ten times the value of such octroi, terminal tax or toll, or to fifty Taka, whichever is greater and which shall not be less than twice the value of such octroi, terminal tax or toll, as the case may be. (2)\tIn case of non-payment of any octroi or terminal tax or toll in demand, the officer empowered to collect the same may seize any goods, vehicles or animals on which the octroi, terminal tax or toll is chargeable or any part or number thereofwhich is of sufficient value to satisfy the demand and shall give a receipt specifying the items seized. (3)\tThe Board, after the lapse of five days from the seizure, and after the issue of a notice in writing to the person in whose possession the goods, vehicles or animals were at the time of seizure, fixing the time and place of sale, may cause the property so seized, or so much thereof as may be necessary, to be sold by auction to satisfy the demand and any expenses occasioned by the seizure, custody and sale thereof, unless the demand and expenses are in the meantime paid: Provided that the Executive Officer may, in any case, order that any article of a perishable nature which cannot be kept for five days without serious risk of damage, or which cannot be kept save at a cost which, together with the amount of octroi, terminal tax or toll, is likely to exceed its value, shall be sold after the lapse of such shorter time as he may, having regard to the nature of the article, think proper. (4)\tIf, at any time before the sale has begun, the person whose property has been seized tenders to the Executive Officer the amount of all expenses incurred and of the octroi, terminal tax or toll, the Executive Officer shall release the property seized. (5)\tThe surplus, if any, of the sale-proceeds shall be credited to the cantonment fund, and shall, on application made to the Board within one year after the sale, be paid to the person in whose possession the property was at the time of seizure, and, if no such application is made, shall be the property of the Board.",
"name": "Evasion of octroi or terminal tax",
"related_acts": "",
"section_id": 81
},
{
"act_id": 133,
"details": "83.\tIt shall be lawful for the Board, with the previous sanction of the Officer Commanding-in-Chief, the Command to lease the collection of any octroi, terminal tax or toll for any period not exceeding one year; and the lessee and all persons employed by him in the management and collection of the octroi, terminal tax or toll shall, in respect thereof,- (a)\tbe bound by any orders made by the Board for their guidance; (b)\thave such powers exerciseable by officers or servants of the Board under this Act as the Board may confer upon them; and (c)\tbe entitled to the same remedies and be subject to the same responsibilities as if they were employed by the Board for the management and collection of the octroi, terminal or toll, as the case may be: Provided that no article distrained may be sold except under the orders of the Board.",
"name": "Lease of octroi, terminal tax or toll",
"related_acts": "",
"section_id": 82
},
{
"act_id": 133,
"details": "84.(1) An appeal against the assessment or levy of, or against the refusal to refund, any tax under this Act shall lie to the District Magistrate or to such other officer as may be empowered by the Government in this behalf: Provided that, where the person to whom the appeal would ordinarily lie is, or was when the tax was imposed, a member of the Board, the appeal shall lie to the Commissioner of the Division 58* * *. (2)\tIf, on the hearing of an appeal under this section, any question as to the liability to, or the principle of assessment of, a tax arises on which the officer hearing the appeal entertains reasonable doubt, he may, either of his own motion or on the application of the appellant, draw up a statement of the facts of the case and the point on which doubt is entertained, and refer the statement with his own opinion on the point for the decision of the 59High Court Division. (3)\tOn a reference being made under sub-section (2), the subsequent proceedings in the case shall be, as nearly as may be, in conformity with the rules relating to references to the 60High Court Division contained in Order XLVI of the First Schedule to the Code of Civil Procedure, 1908.",
"name": "Appeals against assessment",
"related_acts": "86",
"section_id": 83
},
{
"act_id": 133,
"details": "85.\tIn every appeal the costs shall be in the discretion of the officer hearing the appeal.",
"name": "Costs of appeal",
"related_acts": "",
"section_id": 84
},
{
"act_id": 133,
"details": "86.\tIf the Board fails to pay any costs awarded to an appellant within ten days after the date of the order for payment thereof, the Officer awarding the costs may order the person having the custody of the balance of the cantonment fund to pay the amount.",
"name": "Recovery of costs from Board",
"related_acts": "",
"section_id": 85
},
{
"act_id": 133,
"details": "87.\tNo appeal shall be heard or determined under this Chapter unless- (a)\tthe appeal is, in the case of a tax assessed on the annual value of buildings or lands or both, brought within thirty days next after the date of the authentication of the assessment list under section 69 (exclusive of the time requisite for obtaining a copy of the relevant entries therein), or, as the case may be, within thirty days of the date on which an amendment is finally made under section 71, and, in the case of any other tax, within thirty days next after the date of the receipt of the notice of assessment or of alteration of assessment or, if no notice has been given, within thirty days next after the date of the presentation of the first bill in respect thereof: Provided that an appeal may be admitted after the expiration of the period prescribed therefor by this section if the appellant satisfies the Court before whom the appeal is preferred that he had sufficient cause for not preferring it within that period; (b)\tthe amount, if any, in dispute in the appeal has been deposited by the appellant in the office of the Board.",
"name": "Conditions of right to appeal",
"related_acts": "",
"section_id": 86
},
{
"act_id": 133,
"details": "88.\tThe order of an appellate authority confirming, setting aside or modifying an order in respect of any valuation or as assessment or liability to assessment or taxation shall be final: Provided that it shall be lawful for the appellate authority, upon application or on its own motion, to review any order passed by it in appeal if application in this behalf is made within three months from the date of the original order.",
"name": "Finality of appellate orders",
"related_acts": "",
"section_id": 87
},
{
"act_id": 133,
"details": "89.\tSave as otherwise expressly provided under this Act, any tax imposed under the provisions of this Act shall be payable on such dates and in such instalments, if any, as the Board may, by public notice, direct.",
"name": "Time and manner of payment of taxes",
"related_acts": "",
"section_id": 88
},
{
"act_id": 133,
"details": "90.(1) When any tax has become due, the Executive Officer shall cause to be presented to the person liable for the payment thereof a bill for the amount due. (2)\tEvery such bill shall specify the particulars of the tax and the period for which the charge is made.",
"name": "Presentation of bill",
"related_acts": "",
"section_id": 89
},
{
"act_id": 133,
"details": "91.(1) If the amount of the tax for which any bill has been presented is not paid to the Board within thirty days from the presentation thereof, the Executive Officer may cause to be served upon the person liable for the payment of the same a notice of demand in the form set forth in Schedule I. (2)\tFor every notice of demand which the Executive Officer causes to be served on any person under this section, a fee of such amount, not exceeding one Taka, as shall in each case be fixed by the Executive Officer, shall be payable by the said person and shall be included in the costs of recovery.",
"name": "Notice of demand",
"related_acts": "",
"section_id": 90
},
{
"act_id": 133,
"details": "92.(1) If the person liable for the payment of any tax does not, within thirty days from the service of the notice of demand, pay the amount due, or show sufficient cause for nonpayment of the same to the satisfaction of the Executive Officer, such sum, with all costs of recovery, may be recovered under a warrant, issued in the form set forth in Schedule II, by distress and sale of the moveable property of the defaulter: Provided that the Executive Officer shall not recover any sum the liability for which has been remitted on appeal under this Chapter. (2)\tEvery warrant issued under this section shall be signed by the Executive Officer.",
"name": "Recovery of tax",
"related_acts": "",
"section_id": 91
},
{
"act_id": 133,
"details": "93.(1) It shall be lawful for any servant of the Board to whom a warrant issued under section 92 is addressed to distrain, wherever it may be found in the cantonment, any moveable property of or standing timber, growing crops or grass belon-ging to the person therein named as defaulter, subject to the following conditions, exceptions and exemptions, namely:- (a)\tthe following property shall not be distrained:- (i)\tthe necessary wearing apparel and bedding of the defaulter, his wife and children, (ii)\ttools of artisans, (iii)\tbooks of account, or (iv)\twhen the defaulter is an agriculturist, his implements of husbandry, seed-grain, and such cattle as may be necessary to enable the defaulter to earn his livelihood; (b)\tthe distress shall not be excessive, that is to say, the property distrained shall be as nearly as possible equal in value to the amount recoverable under the warrant, and if any property has been distrained which, in the opinion of the Executive Officer, should not have been distrained, it shall forthwith be returned. (2)\tThe person charged with the execution of a warrant of distress shall forthwith make an inventory of the property which he seizes under such warrant, and shall, at the same time, give a written notice in the form set forth in Schedule III to the person in possession thereof at the time of seizure that the said property will be sold as therein mentioned.",
"name": "Distress",
"related_acts": "",
"section_id": 92
},
{
"act_id": 133,
"details": "94.(1) When the property seized is subject to speedy and natural decay, or when the expense of keeping it in custody is, when added to the amount to be recovered, likely to exceed its value, the Executive Officer shall give notice to the person in whose possession the property was at the time of seizure that it will be sold at once, and shall sell it accordingly by public auction unless the amount mentioned in the warrant is forthwith paid. (2)\tIf the warrant is not in the meantime suspended by the Executive Officer, or discharged, the property seized shall, after the expiry of the period named in the notice served under sub-section (2) of section 93, be sold by public auction by order of the Executive Officer. (3)\tThe surplus of the sale-proceeds, if any, shall forthwith be credited to the cantonment fund, and notice of such credit shall be given at the same time to the person from whose possession the property was taken, and, if the same is claimed by written application to the Board within one year from the date of the notice, a refund thereof shall be made to such person. Any surplus not claimed within one year as aforesaid shall be the property of the Board. (4)\tFor every distraint under this Chapter a fee of such amount, not exceeding one Taka, as shall in each case be fixed by the Executive Officer shall be charged, and the said fee shall be included in the costs of recovery.",
"name": "Disposal of distrained property",
"related_acts": "",
"section_id": 93
},
{
"act_id": 133,
"details": "95.(1) If the Executive Officer has reason to believe that any person from whom any sum is due or is about to become due on account of any tax is about to remove from the cantonment, he may direct the immediate payment by such person of the sum so due or about to become due, and cause a bill for the same to be served on such person. (2)\tIf, on the service of such bill, such person does not forthwith pay the sum so due or about to become due, the amount shall be leviable by distress and sale in the manner hereinbefore provided in this Chapter, except that it shall not be necessary to serve upon the defaulter any notice of demand and the warrant for distress and sale may be issued and executed without any delay.",
"name": "Recovery from a person about to leave cantonment",
"related_acts": "",
"section_id": 94
},
{
"act_id": 133,
"details": "96.\tInstead of proceeding against a defaulter by distress and sale as hereinbefore provided in this Chapter, or after a defaulter has been so proceeded against unsuccessfully or with only partial success, any sum due or the balance of any sum due, as the case may be, from such defaulter on account of a tax may be recovered from him by a suit in any Court of competent jurisdiction.",
"name": "Power to institute suit for recovery",
"related_acts": "",
"section_id": 95
},
{
"act_id": 133,
"details": "97.\tEvery Board shall be deemed to be a 61Paurashava for the purposes of the Municipal Taxation Act, 1881.",
"name": "Power to prohibit or exempt form taxation",
"related_acts": "44",
"section_id": 96
},
{
"act_id": 133,
"details": "98.\tA Board may make special provision for the cleansing of any factory, hotel, club or group of buildings or lands used for any one purpose and under one management, and may fix a special rate and the dates and other conditions for periodical payment thereof, which shall be determined by a written agreement with the person liable for the payment of the conservancy or scavenging tax in respect of such factory, hotel, club or group of buildings or lands: Provided that, in fixing the amount, proper regard shall be had to the probable cost to the Board of the services to be rendered.",
"name": "Power to make special provision for conservancy in certain cases",
"related_acts": "",
"section_id": 97
},
{
"act_id": 133,
"details": "6299A. The Government may, by notification in the official Gazette, exempt, either wholly or in part from the payment of any tax imposed under this Act, any person or class of persons or any property or goods or class of property or goods.",
"name": "General power of exemption",
"related_acts": "",
"section_id": 98
},
{
"act_id": 133,
"details": "99.(1) When, in pursuance of section 98, a Board has fixed a special rate for the cleansing of any factory, hotel, club or group of buildings or lands, such premises shall be exempted from the payment of any conservancy or scavenging tax imposed in the cantonment. (2)\tThe following buildings and lands shall be exempt from any tax on property other than a tax imposed to cover the cost of specific services rendered by the Board, namely:- (a)\tplaces set apart for public worship and either actually so used or used for no other purpose; (b)\tbuildings used for educational purposes and public libraries, play-grounds and dharmsalas which are open to the public and from which no income is derived; (c)\thospitals and dispensaries maintained wholly by charitable contributions; (d)\tburning and burial grounds, not being the property of the Government or a Board, which are controlled under the provisions of this Act; (e)\tbuildings or lands vested in a Board; and (f)\tany buildings or lands, used or acquired for the public service or for any public purpose, which are the property of the Government, or in the occupation of 63the Government.",
"name": "Exemption in the case of buildings",
"related_acts": "",
"section_id": 99
},
{
"act_id": 133,
"details": "100.\tA Board may exempt, for a period not exceeding one year at a time from the payment of any tax or any portion of a tax imposed under this Act, any person who is in its opinion by reason of poverty unable to pay the same.",
"name": "Exemption of poor persons",
"related_acts": "",
"section_id": 100
},
{
"act_id": 133,
"details": "101.(1) A Board may, with the previous sanction of the Officer Commanding-in-Chief, the Command allow any person to compound for any tax. (2)\tEvery sum due by reason of the composition of a tax sub-section (1) shall be recoverable as if it were a tax.",
"name": "Composition",
"related_acts": "",
"section_id": 101
},
{
"act_id": 133,
"details": "102.\tA Board may write-off any sum due on account of any tax or rate or of the costs of recovering any tax or rate if such sum is, in its opinion, irrecoverable: Provided that, where the sum written-off in favour of any one person exceed fifty Taka, the sanction of the Officer Commanding-in-Chief, the Command, shall be first obtained.",
"name": "Irrecoverable debts",
"related_acts": "",
"section_id": 102
},
{
"act_id": 133,
"details": "103.(1) The Executive Officer may, by written notice, call upon any inhabitant of the cantonment to furnish such information as may be necessary for the purpose of ascertaining- (a)\twhether such inhabitant is liable to pay any tax imposed under this Act; (b)\tat what amount he should be assessed; or (c)\tthe annual value of the building or land which he occupies and the name and address of the owner or lessee thereof. (2)\tIf any person, when called upon under sub-section (1) to furnish information, neglects to furnish it or furnishes information which is not true to the best of his knowledge or belief, he shall be punishable with fine which may extend to one hundred Taka.",
"name": "Obligation to disclose liability",
"related_acts": "",
"section_id": 103
},
{
"act_id": 133,
"details": "104.\t No assessment and no charge or demand on account of any tax or fee shall be impeached or affected by reason only of any mistake in the name of any person liable to pay such tax or fee, or in the description of any property or thing, or any mistake in the amount of the assessment, charge or demand, if the directions contained in this Act and the rules and bye-laws made thereunder have in substance and effect been complied with; but any person who sustains any special damage by reason of any such mistake shall be entitled to recover compensation for the same by suit in a Court of competent jurisdiction.",
"name": "Immaterial error not to affect liability",
"related_acts": "",
"section_id": 104
},
{
"act_id": 133,
"details": "105.\tNo distress levied under this Chapter shall be deemed unlawful, nor shall any person making the same be deemed a trespasser, on account only of any defect of form in the notice of demand, warrant of distress or other proceeding relating thereto; nor shall any such person be deemed a trespasser ab initio on account of any irregularity afterwards committed by him; but any person who sustains any special damage by reason of any such irregularity shall be entitled to recover compensation for the same by suit in a Court of competent jurisdiction.",
"name": "Distraint not to be invalid by reason of immaterial defect",
"related_acts": "",
"section_id": 105
},
{
"act_id": 133,
"details": "106.\tThere shall be formed for every cantonment a cantonment fund, and there shall be placed to the credit thereof the following sums, namely:- (a)\tthe balance, if any, of the cantonment fund formed for the cantonment under the Cantonments Act, 1910, (b)\tall sums received by or on behalf of the Board.",
"name": "Cantonment fund",
"related_acts": "",
"section_id": 106
},
{
"act_id": 133,
"details": "107.(1) Where in or near cantonment there is a Government treasury or sub-treasury, or a branch of the 64Bangladesh Bank, the cantonment fund shall be kept in such treasury, sub-treasury or bank, as the case may be. (2)\tWhere there is no such treasury, sub-treasury or bank, the cantonment fund may be deposited with any bank to which the Government treasury business has been entrusted, and, in the absence of such a bank, with any banker or person acting as a banker who has given such security for the safe custody of the fund and the payment on demand of the funds so deposited as the Government may in each case direct. (3)\tA Board may, from time to time, with the previous sanction of the Officer Commanding-in-Chief, the Command, invest any portion of its cantonment fund in securities of the Government or in such other securities, including fixed deposits in banks, as the Government may approve in this behalf, and may dispose of such investments or vary them for others of a like nature. (4)\tThe income resulting from any fixed deposit or from any such security as is referred to in sub-section (3) or from the proceeds of the sale of any such security shall be credited to the cantonment fund.",
"name": "Custody of cantonment fund",
"related_acts": "",
"section_id": 107
},
{
"act_id": 133,
"details": "108.\tSubject to any special reservation made by the Government, all property of the nature hereinafter in this section specified which has been acquired or provided or is maintained by a Board shall vest in and belong to that Board, and shall be under its direction, management and control, that is to say,- (a)\tall markets, slaughter-houses, manure and night-soil depots, and buildings of every description; (b)\tall water-works for the supply, storage or distribution of water for public purposes and all bridges, buildings, engines, materials, and things connected therewith or appertaining thereto; (c)\tall sewers, drains, culverts and water-courses, and all works, materials and things appertaining thereto; (d)\tall dust, dirt, dung, ashes, refuse, animals matter, filth and rubbish of very kind, and dead bodies of animals collected by the Board from the streets, houses, privies sewers, cesspools or elsewhere, or deposited in places appointed by the Board for such purpose; (e)\tall lamps and lamp-posts and apparatus connected therewith or appertaining thereto; (f)\tall land or other property transferred to the Board 65by the Government, or by gift, purchase or otherwise for local public purposes; and (g)\tall streets and the pavements, stones and other materials thereof, and also all trees erections, materials, implements, and things existing on or appertaining to streets.",
"name": "Property",
"related_acts": "",
"section_id": 108
},
{
"act_id": 133,
"details": "109.\tThe cantonment fund and all property vested in a Board shall be applied for the purposes, whether express or implied, for which, by or under this Act or any other law for the time being in force, powers are conferred or duties or obligations are imposed upon the Board: Provided that the Board shall not incur any expenditure for acquiring or renting land beyond the limits of the cantonment or for constructing any work beyond such limits except- (a)\twith the sanction of the Government, and (b)\ton such terms and conditions as the Government may impose: Provided, further, that priority shall be given in the order hereinafter set forth to the following liabilities and obligations of a Board, that is to say,- (a)\tto the liabilities and obligations arising from a trust legally imposed upon or accepted by the Board; (b)\tto the repayment of, and the payment of interest on, any loan incurred under the provisions of the Local Authorities Loans Act, 1914; (c)\tto the payment of establishment charges; (d)\tto the payment of such expenses on account of pauper lunatics sent from the cantonment to public lunatic asylums and mental hospitals as the Government directs the Board to pay; and (e)\tto the payment of any sum the payment of which is expressly required by the provisions of this Act or any rule or bye-law made thereunder.",
"name": "Application of cantonment fund and property",
"related_acts": "103",
"section_id": 109
},
{
"act_id": 133,
"details": "110.\tWhen there is any hindrance to the permanent or temporary acquisition upon payment of any land required by a Board for the purposes of this Act, the Government may, at the request of the Board, procure the acquisition thereof under the provisions of the Land Acquisition Act, 1894, and on payment by the Board of the compensation awarded under that Act and of the charges incurred by the Government in connection with the proceedings, the land shall vest in the Board.",
"name": "Acquisition of immovable property",
"related_acts": "",
"section_id": 110
},
{
"act_id": 133,
"details": "111.\tThe Government may make rules consistent with this Act to provide for all or any of the following matters, namely,- (a)\tthe conditions on which property may be acquired by Boards or on which property vested in a Board may be transferred by sale, mortgage, lease, exchange or otherwise; and (b)\tany other matter relating to the cantonment fund or cantonment property in respect of which no provision or insufficient provision is made by or under this Act, and provision is, in the opinion of the Government, necessary.",
"name": "Power to make rules regarding cantonment fund and property",
"related_acts": "",
"section_id": 111
},
{
"act_id": 133,
"details": "112.\tSubject to the provisions of this Chapter, every Board shall be competent to enter into and perform any contract necessary for the purposes of this Act.",
"name": "Contracts by whom to be executed",
"related_acts": "",
"section_id": 112
},
{
"act_id": 133,
"details": "113.(1) Every contract- (a)\tfor which budget provision does not exist, or (b)\twhich involves a value or amount exceeding one hundred Taka, shall require the sanction of the Board. (2)\tEvery contract other than a contract such as is referred to in sub-section (1) shall be sanctioned by the Board or by the Executive Officer on behalf of the Board.",
"name": "Sanction",
"related_acts": "",
"section_id": 113
},
{
"act_id": 133,
"details": "114.(1) Every contract made by or on behalf of a Board, the value or amount of which exceeds fifty Taka, shall be in writing, and every such contract shall, be signed by two members, of whom the President or the Vice-President shall be one, and be countersigned by the Executive Officer and be sealed with the common seal of the Board: Provided that, the Executive Officer may in a case of urgency, with the previous sanction of the President of the Board, execute on behalf of the Board any contract the value or amount of which does not exceed two hundred Taka. (2)\tWhere an Executive Officer executes a contract on behalf of a Board under sub-section (1), he shall submit a report of his action and of the reasons therefor to the Board at its next meeting.",
"name": "Execution of contracts",
"related_acts": "",
"section_id": 114
},
{
"act_id": 133,
"details": "115.\tIf any contract is executed by or on behalf of a Board otherwise than in conformity with the provisions of this Chapter, it shall not be binding on the Board.",
"name": "Contracts improperly executed not to be binding on a Board",
"related_acts": "",
"section_id": 115
},
{
"act_id": 133,
"details": "116.\tIt shall be the duty of every Board, so far as the funds at its disposal permit, to make reasonable provision within the cantonment for- (a)\tlighting streets and other public places; (b)\twatering streets and other public places; (c)\tcleansing streets, public places and drains, abating nuisances and removing noxious vegetation; (d)\tregulating offensive, dangerous or obnoxious trades, callings and practices; (e)\tremoving, on the ground of public safety, health or convenience, undesirable obstructions and projections in streets and other public places; (f)\tsecuring or removing dangerous buildings and places; (g)\tacquiring, maintaining, changing and regulating places for the disposal of the dead; (h)\tconstructing, altering and maintaining streets, culverts, markets, slaughter-houses, latrines, privies, urinals, drains, drainage works and sewerage works; (i)\tplanting and maintaining trees on roadsides and other public places; (j)\tproviding or arranging for a sufficient supply of pure and wholesome water, where such supply does not exist, guarding from pollution water used for human consumption, and preventing polluted water from being so used; (k)\tregistering births and deaths; (l)\testablishing and maintaining a system of public vaccination; (m)\testablishing and maintaining or supporting public hospitals and dispensaries, and providing public medical relief; (n)\testablishing and maintaining or assisting primary schools; (o)\trendering assistance in extinguishing fires, and protecting life and property when fires occur; (p)\tmaintaining and developing the value of property vested in, or entrusted to the management of, the Board; and (q)\tfulfilling any other obligation imposed upon it by or under this Act or any other law for the time being in force.",
"name": "Duties of Board",
"related_acts": "",
"section_id": 116
},
{
"act_id": 133,
"details": "66116A. A Board may, subject to any conditions imposed by the Government, manage any property entrusted to its management by the Government on such terms as to the sharing of rents and profits accruing from such property as may be determined by rule made under section 280.",
"name": "Power to manage property",
"related_acts": "",
"section_id": 117
},
{
"act_id": 133,
"details": "117.(1) A Board may, within the cantonment, make provision for- (a)\tlaying out in areas, whether previously built upon or not, new streets, and acquiring land for that purpose and for the construction of buildings, and compounds of buildings, to abut on such streets; (b)\tconstructing, establishing or maintaining public parks gardens, offices, dairies, bathing or washing places, drinking fountains, tanks, wells and other works, of public utility; (c)\treclaiming unhealthy localities; (d)\tfurthering educational objects by measures other than the establishment and maintenance of primary schools; (e)\ttaking a census and granting rewards for information which may tend to secure the correct registration of vital statistics; (f)\tmaking a survey; (g)\tgiving relief on the occurrence of local epidemics by the establishment or maintenance of relief works or otherwise; (h)\tsecuring or assisting to secure suitable places for the carrying on of any offensive, dangerous or obnoxious trade, calling or occupation; (i)\testablishing and maintaining a farm or other place for the disposal of sewage; (j)\tconstructing, subsidising or guaranteeing tramways or other means of locomotion, and electric lighting or electric power works; or (k)\tadopting any measure, other than a measure specified in section 116 or in the forgoing provisions of this section, likely to promote the safety, health or convenience of the inhabitants of the cantonment. (2)\tA Board may, either within or outside the cantonment, make provision for the doing of anything on which expenditure is declared by the Government, or by the Board with the sanction of the Government, to be an appropriate charge on the cantonment fund.",
"name": "Discretionary functions of Board",
"related_acts": "",
"section_id": 118
},
{
"act_id": 133,
"details": "67117A. A Board may make provision for educational objects outside the cantonment if it is satisfied that the interests of the residents of the cantonment will be served thereby.",
"name": "Power of expenditure for educational purposes outside the cantonment",
"related_acts": "",
"section_id": 119
},
{
"act_id": 133,
"details": "118.(1) Whoever- (a)\tin any street or other public place within a cantonment,- (i)\tis drunk and disorderly or drunk and incapable of taking care of himself; or (ii)\tuses any threatening, abusive or insulting words, or behaves in a threating or insulting manner with intent to provoke a breach of the peace, or whereby a breach of the peace is likely to be occasioned; or (iii)\teases himself, or wilfully or indecently exposes his person; or (iv)\tloiters, or begs importunately, for alms, or (v)\texposes or exhibits, with the object of exciting charity, any deformity or disease or any offensive sore or wound; or (vi)\tcarries meat exposed to public view; or (vii)\tis found gaming; or (viii)\tpickets animals, or collects carts; or (ix)\tbeing engaged in the removal of night-soil or other offensive matter or rubbish, wilfully or negligently permits any portion thereof to spill or fall, or neglects to sweep away or otherwise effectually to remove any potion thereof which may spill or fall in such street or place; or (x)\twithout proper authority affixes upon any building, monument, post, wall, fence, tree or other thing, any bill, notice or other document; or (xi)\twithout proper authority defaces or writes upon or otherwise marks any building, monument, post, wall, fence, tree or other thing; or (xii)\twithout proper authority removes, destroys, defaces or otherwise obliterates any notice or other document put up or exhibited under this Act; or (xiii)\twithout proper authority displaces, damages, or makes any alteration in, or otherwise interferes with, the pavement, gutter, storm-water-drain, flags or other materials of any such street, or any lamp, bracket, direction-post, hydrant or water-pipe maintained by the Board in any such street or public place, or extinguishes a public light; or (xiv)\tcarries any corpse not decently covered or without taking due precautions to prevent risk of infection or injury to the public health or annoyance to passers-by or to persons dwelling in the neighbourhood; or (xv)\tcarries night-soil or other offensive matter or rubbish at any hour prohibited by the Board by public notice, or in any pattern of cart or receptacle which has not been approved for the purpose by the Board, or fails to close such cart or receptacle when in use; or (b)\tcarries night-soil or other offensive matter or rubbish along any route in contravention of any prohibition made in this behalf by the Board by public notice; or (c)\tdeposits, or causes or permits to be deposited, earth or materials of any description, or any offensive matter or rubbish, in any place not intended for the purpose in any street or other public place or waste or unoccupied land under the management of the Board; or (d)\thaving charge of a corpse fails to bury, burn or otherwise lawfully dispose of the same within twenty-four hours after death; or (e)\tmakes any grave or buries or burns any corpse in any place not set apart for such purpose; or (f)\tkeeps or uses, or knowingly permits to be kept or used, any place as a common gaming house, or assists in conducting the business of any common gaming house; or (g)\tat any time or place at which the same has been prohibited by the Board by public or special notice, beats a drum or tom-tom, or blows a horn or trumpet, or beats any utensil, or sounds any brass or other instrument, or plays any music; or (h)\tdisturbs the public peace or other by singing, screaming or shouting; or (i)\tlets loose any animal so as to cause, or negligently allows any animal to cause, injury, danger, alarm or annoyance to any person; or (j)\tbeing the occupier of any building or land in or upon which an animal dies, neglects within three hours of the death of the animal, or, if the death occurs at night, within three hours after sunrise, either- (i)\tto report the occurrence to the Executive Officer or to an officer, if any, appointed by him in this behalf with a view to securing the removal and disposal of the carcase by the public conservancy establishment; or (ii)\tto remove and dispose of the carcase in accordance with any general directions given by the Board by public notice or any special directions given by the Executive Officer on receipt of such report as aforesaid; or (k)\tsave with the written permission of the Board and in such manner as it may authorise, stores or uses night-soil, manure, rubbish or any other substance emitting an offensive smell; or (l)\tuses or permits to be used as a latrine any place not intended for that purpose; shall be punishable with fine which may extend to fifty Taka. (2)\tWhoever does not take reasonable means to prevent any child under the age of twelve years being in his charge from easing himself in any street or other public place within the cantonment shall be punishable with fine which may extend to twenty-five Taka. (3)\tThe owner or keeper of any animal found picketed or straying without a keeper in a street or other public place in a cantonment shall be punishable with fine which may extend to twenty Taka. (4)\tAny animal found picketed as aforesaid may be removed by any officer or servant of the Board or by any police officer to a pound as if the animal had been found straying.",
"name": "Penalty for causing nuisances",
"related_acts": "",
"section_id": 120
},
{
"act_id": 133,
"details": "119.(1) A Board may make bye-laws to provide for the registration of all dogs kept within the cantonment. (2)\tSuch bye-laws shall- (a)\trequire the registration, by the Officer Commanding each military unit, of all dogs kept in the lines occupied by that unit; (b)\trequire that every registered dog shall wear a collar to which shall be attached a metal token to be issued by the registration authority, and fix the fee issued payable for the issue thereof; (c)\trequire that any dog which has not been registered or which is not wearing such token shall, if found in any public place, be detained at a place set apart for the purpose; and (d)\tfix the fee which shall be charged for such detention and provide that any such dog shall be liable to be destroyed or otherwise disposed of unless it is claimed and the fee in respect thereof is paid within one week; and may provide for such other matters as the Board thinks fit. (3)\tA Board may- (a)\tcause to be destroyed, or to be confined for such period as it may direct, any dog or other animal which is, or is reasonably suspected to be, suffering from rabies, or which has been bitten by any dog or other animal suffering or suspected to be suffering from rabies; (b)\tby public notice direct that, after such date as may be specified in the notice, dogs which are without collars or without marks distinguishing them as private property and are found straying on the streets or beyond the enclosures of the houses of their owners, if any, may be destroyed, and cause them to be destroyed accordingly. (4)\tNo damages shall be payable in respect of any dog or other animal destroyed or otherwise disposed of under this section. (5)\tWhoever, being the owner or person in charge of any dog, neglects to restrain it so that it shall not be at large in any street without being muzzled and without being secured by a chain lead in any case in which- (a)\the knows that the dog is likely to annoy or intimidate any person, or (b)\tthe Board has, by public notice during the prevalence of rabies, directed that dogs shall not be at large without muzzles and chain leads, shall be punishable with fine which may extend to one hundred Taka. (6)\tWhoever in a cantonment- (a)\tallows any ferocious dog which belongs to him or is in his charge to be at large without being muzzled, or (b)\tsets on or urges any dog or other animal to attack, worry or intimidate any person, or (c)\tknowing or having reason to believe that any dog or animal belonging to him or in his charge has been bitten by an animal suffering or reasonably suspected to be suffering from rabies, neglects to give immediate information of the fact to the Executive Officer or gives information which is false, shall be punishable with fine which may extend to two hundred Taka.",
"name": "Registration and control of dogs",
"related_acts": "",
"section_id": 121
},
{
"act_id": 133,
"details": "120.\tWhoever in driving, leading or propelling a vehicle along a street fails, except in a case of actual necessity,- (a)\tto keep to the left when passing a vehicle coming from the opposite direction, or (b)\tto keep to the right when passing a vehicle going in the same direction as himself, shall be punishable with fine which may extend to fifty Taka.",
"name": "Rule of the road",
"related_acts": "",
"section_id": 122
},
{
"act_id": 133,
"details": "121.(1) A Board may, by public notice, direct that within such limits in the cantonment as may be specified in the notice, the roofs and external walls of huts or other buildings shall not, without the permission in writing of the Board, be made or renewed of grass, mats, leaves or other inflammable materials, and may, by notice in writing, require any person who has disobeyed any such direction as aforesaid to remove or alter the roofs or walls so made or renewed. (2)\tA Board may, by notice in writing, require the owner of any building in the cantonment which has an external roof or wall made of any such material as aforesaid to remove such roof or wall within such time as may be specified in the notice, notwithstanding that a public notice under sub-section (1) has not been issued or that such roof or wall was made with the consent of the Board or before the issue of such public notice: Provided that, in the case of any such roof or wall in existence before the issue of such a public notice or made with the consent of the Board, 68the Board shall make compensation, not exceeding the original cost of constructing the roof or wall, for any damage caused by the removal.",
"name": "Use of inflammable materials for building purposes",
"related_acts": "",
"section_id": 123
},
{
"act_id": 133,
"details": "122.\tA Board may, by public notice, prohibit in any case where such prohibition appears to it to be necessary for the prevention of danger to life or property, the stacking or collecting of wood, dry grass, straw or other inflammable materials, or the placing of mats or thatched huts or the lighting of fires in any place in the cantonment, or within any limits therein, which may be specified in the notice.",
"name": "Stacking of collecting inflammable materials.",
"related_acts": "",
"section_id": 124
},
{
"act_id": 133,
"details": "123.\tNo person shall set a naked light on or near any building in any street or other public place in a cantonment in such manner as to cause danger of fire: Provided that nothing in this section shall be deemed to prohibit the use, subject to the permission in writing of the Board, of lights for purposes of illumination on the occasion of a festival or public or private entertainment.",
"name": "Care of naked lights",
"related_acts": "",
"section_id": 125
},
{
"act_id": 133,
"details": "124.(1) Notwithstanding anything contained in the Cinematograph Act, 1918, no exhibition of pictures or other optical effects by means of a cinematograph or other like apparatus for the purpose of which inflammable films are used, and no public dramatic performance or pantomime, shall be given in any cantonment elsewhere than in premises for which a licence has been granted by the Board under this section. (2)\tIf the owner of a cinematograph or other apparatus uses the apparatus or allows it to be used, or if any person takes any part in any public dramatic performance or pantomime, in contravention of the provisions of this section, or if the occupier of any premises allows them to be used in contravention of the provisions of this section or of any condition of any licence granted under this section, he shall be punishable with fine which may extend to two hundred Taka and, in the case of a continuing offence, with an additional fine which may extend to fifty Taka for each day after the first during which the offence continues. (3)\tNothing in this section shall be deemed to prohibit the giving of any exhibition or any dramatic performance or pantomime in any theatre or institute which is the property of the Government where the exhibition, performance or pantomime is held with the permission and under the control of the military authorities.",
"name": "Regulation of cinematographic and dramatic perfor-mances",
"related_acts": "108",
"section_id": 126
},
{
"act_id": 133,
"details": "125.\tWhoever in a cantonment discharge any fire-arm or lets off fire-works or fire-balloons, or engages in any game in such manner as to cause or to be likely to cause danger to persons passing by or dwelling or working in the neighbourhood or risk of injury to property shall be liable to fine which may extend to fifty Taka.",
"name": "Discharging fire-works, fire-arms, etc.",
"related_acts": "",
"section_id": 127
},
{
"act_id": 133,
"details": "126.\t Where in a cantonment any building, or wall, or anything affixed thereto, or any well, tank, reservior, pool, depression, or excavation, or any bank or tree, is, in the opinion of the Board in a ruinous state or, for want of sufficient repairs, protection or enclosure a nuisance or, dangerous to persons passing by or dwelling or working in the neighbourhood, the Board by notice in writing may, require the owner or part-owner or person claiming to be the owner or part-owner thereof, or, failing any of them, the occupier thereof to remove the same, or may require him to repair, or to protect or to enclose the same in such manner as it thinks necessary; and, if the danger is, in the opinion of the Board, imminent, it shall forthwith take such steps as it thinks necessary to avert the same.",
"name": "Power to require buildings, wells, etc., to be rendered safe",
"related_acts": "",
"section_id": 128
},
{
"act_id": 133,
"details": "127.\tA Board may, by notice in writing, require the owner or part-owner, or person claiming to be the owner or part-owner, of any building or land in the cantonment, or the lessee or the person claiming to be the lessee of any such land, which, by reason of disuse or disputed ownership or other cause, has remained unoccupied and has become the resort of idle and disorderly persons or of persons who have no ostensible means of subsistence or cannot give a satisfactory account of themselves, or is used for gaming or immoral purposes, or otherwise occasions or is likely to occasion a nuisance, to secure and enclose the same within such time as may be specified in the notice.",
"name": "Enclosure of waste land used for improper purposes",
"related_acts": "",
"section_id": 129
},
{
"act_id": 133,
"details": "128.\tThe following officers shall, for the purposes of sanitation, have control over, and be responsible for maintaining in a sanitary condition, those parts of a cantonment, respectively, which are specified in the case of each, that is to say:- (a)\tthe Officer Commanding the station-all buildings and lands which are occupied or used for military purposes; (b)\tthe Officer Commanding the air forces in the cantonment - all buildings and lands which are occupied or used for air-force purposes; (c)\tthe head of any civil department or railway administration occupying as such any part of the cantonment - all buildings and lands in his charge as head of that department or administration.",
"name": "Responsibility for sanitation",
"related_acts": "",
"section_id": 130
},
{
"act_id": 133,
"details": "129.(1)\tThe Health Officer shall exercise a general sanitary supervision over the whole cantonment, and shall submit monthly to the Board a report as to the sanitary condition of the cantonment, together with such recommendations in connection therewith as he thinks fit. (2)\tThe Assistant Health Officer shall perform such duties in connection with the sanitation of the cantonment as are, subject to the control of the Board, allotted to him by the Health Officer.",
"name": "General duties of Health Officer",
"related_acts": "",
"section_id": 131
},
{
"act_id": 133,
"details": "130.\tAll public latrines and urinals provided or maintained by a Board shall be so constructed as to provide separate compartments for each sex and not to be a nuisance, and shall be provided with all necessary conservancy establishments, and shall regularly be cleansed and kept in proper order.",
"name": "Public latrines, urinals and conservancy establishments",
"related_acts": "",
"section_id": 132
},
{
"act_id": 133,
"details": "131.(1) On the application or with the consent of the occupier of any building or land, or, where the occupier of any building or land fails to make arrangements to the satisfaction of the Board for the matters referred to in this section, without such consent, and after giving notice in writing to the occupier, a Board may undertake the house scavenging of any building or land in the cantonment for such period as it thinks fit on such terms as it may prescribe in this behalf. (2)\tWhere the Board has undertaken the duties referred to in this section, all matter removed in the performance of such duties shall be the property of that Board. (3)\tFor the purposes of this section \"house scavenging\" means the removal of filth or rubbish or other offensive matter from a privy, latrine, urinal, drain, cesspool, or other common receptacle for such matter.",
"name": "Power of Board to undertake private conservancy arrangements",
"related_acts": "",
"section_id": 133
},
{
"act_id": 133,
"details": "132.(1) Every Board shall provide or appoint, in proper and convenient situations, public receptacles, depots or places for the temporary deposit or disposal of household rubbish, offensive matter, carcases of dead animals and sewage. (2)\tThe Board may, by public notice, issue directions as to the time at which, the manner in which, and the conditions subject to which, any matter referred to in sub-section (1) may be removed along a street or may be deposited or otherwise disposed of. (3)\tAll matter deposited in receptacles, depots or places provided or appointed under this section shall be the property of the Board.",
"name": "Deposit and disposal of rubbish, etc.",
"related_acts": "",
"section_id": 134
},
{
"act_id": 133,
"details": "133.\tThe Executive Officer of any cantonment may, by notice in writing,- (a)\trequire any person having the control whether as owner, lessee or occupier of any land or building in the cantonment- (i)\tto close any cesspool appertaining to the land or building which is, in the opinion of the Executive Officer, a nuisance, or (ii)\tto keep in a clean condition, in such manner as may be prescribed by the notice, any receptacle for filth or sewage accumulating on the land or in the building, or (iii)\tto prevent the water of any private latrine, urinal, sink or bath-room or any other offensive matter, from soaking, draining or flowing, or being put, from the land or building upon any street or other public place, or into any water-course or into any drain not intended for the purpose; or (iv)\tto collect and deposit for removal by the conservancy establishment of the Board, within such time and in such receptacle or place, situate at not more than one hundred feet from the nearest boundary of the premises, as may be specified in the notice, any offensive matter or rubbish which such person has allowed to accumulate or remain under, in or on such building or land; or (b)\trequire any person to desist from making or altering any drain leading into a public drain; or (c)\trequire any person having the control of a drain in the cantonment to cleanse, purify, repair or alter the same, or otherwise put it in good order, within such time as may be specified in the notice.",
"name": "Cesspools, receptacles for filth, etc.",
"related_acts": "",
"section_id": 135
},
{
"act_id": 133,
"details": "134.(1) Where any well, tank, cistern, reservoir, receptacle, or other place in the cantonment where water is stored or accumulates, whether within any private enclosure or not, is in such a condition as to create a nuisance or, in the opinion of the Health Officer, or the Assistant Health Officer, is or is likely to be a breeding place for mosquitoes, the Board may, by notice in writing, require the owner, lessee or occupier thereof, within such period as may be specified in the notice, to fill up or cover the well, cistern, reservoir or receptacle, or to fillup the tank, or to drain off or remove the water, as the case may be. (2)\tThe Board may, if it thinks fit, with the previous sanction of the Officer Commanding-in-Chief, the Command meet the whole or any portion of the expenses incurred in complying with a requisition under sub-section (1).",
"name": "Filling up of tank, etc.",
"related_acts": "",
"section_id": 136
},
{
"act_id": 133,
"details": "135.\t A Board may, by notice in writing, require the owner or lessee of any building or land in the cantonment to provide, in such manner as may be specified in the notice, any latrine, urinal, cesspool, dus-bin or other receptacle for filth, sewage, or rubbish, or any additional latrine, urinal, cesspool or other receptacle as aforesaid, which should, in its opinion, be provided for the building or land.",
"name": "Provision of latrines, etc.",
"related_acts": "",
"section_id": 137
},
{
"act_id": 133,
"details": "136.\tEvery person employing, whether on behalf of the Government or otherwise, more than ten workmen or labourers, and every person managing or having control of a market, school, theatre or other place of public resort, in a cantonment shall give notice of the fact to the Board, and shall provide such latrine, and urinals, and shall employ such number of sweepers, as the Board thinks fit, and shall cause the latrines and urinals to be kept clean and in proper order: Provided that nothing in this section shall apply in the case of a factory to which the 69Factories Act, 1965, applies.",
"name": "Sanitation in factories, etc.",
"related_acts": "",
"section_id": 138
},
{
"act_id": 133,
"details": "137.\t A Board may, by notice in writing,- (a)\trequire the owner or other person having the control of any private latrine or urinal in the cantonment not to put the same to public use; or (b)\twhere any plan for the construction of private latrines or urinals has been approved by the Board, and copies thereof may be obtained free or charge on application,- (i)\trequire any person repairing or constructing any private latrine or urinal not to allow the same to be used until it has been inspected by or under the direction of the Health Officer and approved by him as conforming with such plan; or (ii)\trequire any person having control of any private latrine or urinal to re-build or alter the same in accordance with such plan; or (c)\trequire the owner or other person having the control of any such private latrine or urinal which, in the opinion of the Board, constitutes a nuisance, to remove the latrine or urinal; or (d)\trequire any person having the control whether as owner, lessee or occupier of any land or building in the cantonment- (i)\tto have any latrines provided for the same shut out by a sufficient roof and wall or fence from the view of persons passing by or dwelling in the neighbourhood, or (ii)\tto cleanse in such manner as the Board may specify in the notice any latrine or urinal belonging to the land or building; (e)\trequire any person being the owner and having the control of any drain in the cantonment to provide, within ten days from the service of the notice, such covering as may be specified in the notice.",
"name": "Private latrines",
"related_acts": "",
"section_id": 139
},
{
"act_id": 133,
"details": "138.(1) Where it appears to a Board that any block of building in the cantonment is in an unhealthy condition by reason of the manner in which the buildings are crowed together, or of the narrowness or closeness of the street, or of the want of proper drainage or ventilation, or the impracticability of cleansing the buildings or other similar cause, it may cause the block to be inspected by a committee consisting of- (a)\tthe Health Officer, (b)\tthe Civil Surgeon of the district, or, if his services are not available, some other medical officer in the service of the 70Republic, (c)\tthe Executive Engineer or a person deputed by the Executive Engineer in this behalf, and 71* * * (2)\tThe committee shall make a report in writing to the Board regarding the sanitary condition of the block, and if it considers that the condition thereof is likely to cause risk of disease to the inhabitants of the building or of the neighbourhood or otherwise to endanger the public health, it shall clearly indicate on a plan verified by the Executive Engineer or the person deputed by him to serve on the committee, the buildings which should in its opinion wholly or in part be removed in order to abate the unhealthy condition of the block. (3)\tIf, upon receipt of such report, the Board is of opinion that all or any buildings indicated should be removed, it may, by notice in writing, require the owners thereof to remove them: Provided that the Board shall make compensation to the owners for any buildings so removed which may have been erected under proper authority: Provided, further, that the Board may, if it considers it equitable in the circumstances so to do, pay to the owners such sum as it thinks fit as compensation for any buildings so removed which have not been erected under proper authority. (4)\tFor the purposes of this section \"buildings\" includes enclosure walls and fences appertaining to buildings.",
"name": "Removal of congested buildings",
"related_acts": "",
"section_id": 140
},
{
"act_id": 133,
"details": "139.(1) Where it appears to a Board that any building or part of a building in the cantonment which is used as a dwelling house is so overcrowded as to endanger the health of the inmates thereof, it may, after such inquiry as it thinks fit, by notice in writing require the owner or occupier of the building or part thereof, as the case may be, within such time not being less than one month as may be specified in the notice, to abate the overcrowding of the same by reducing the number of lodgers, tenants, or other inmates to such number as may be specified in the notice. (2)\tAny person who fails, without reasonable cause, to comply with a requisition made upon him under sub-section (1) shall be punishable with fine which may extend to fifty Taka, and, in the case of a continuing offence, to an additional fine which may extend to five Taka for everyday after the first during which the failure has continued.",
"name": "Overcrowding of dwelling houses",
"related_acts": "",
"section_id": 141
},
{
"act_id": 133,
"details": "140.(1) Where any building in a cantonment is so ill-constructed or dilapidated as to be, in the opinion of the Board, in an insanitary state, the Board may, by notice in writing, require the owner, within such time as may be specified in the notice, to execute such repairs or to make such alterations as it thinks necessary for the purpose of removing such defects. (2)\tA copy of every notice issued under sub-section (1) shall be conspicuously posted on the building to which it relates. (3)\tA notice issued under sub-section (1) shall be deemed to have been complied with if the owner of the building to which it relates has, instead of executing the repairs or making the alterations directed by the notice, removed the building.",
"name": "Power to require repair or alteration of building",
"related_acts": "",
"section_id": 142
},
{
"act_id": 133,
"details": "141.(1) The Executive Officer may, by notice in writing, require the owner, lessee or occupier of any building or land in the cantonment, which appears to him to be in a filthy or in-sanitary state, within twenty-four hours to cleanse the same or otherwise put it in a proper state, in such manner as may be specified in the notice. (2)\tIf, within three months from the date of the service of a notice under sub-section (1), any building or land in respect of which the notice was issued is again in a filthy or insanitary state, the owner, lessee or occupier, as the case may be, shall be punishable with fine which may extend to two hundred Taka.",
"name": "141\tPower to require land or building to be cleansed",
"related_acts": "",
"section_id": 143
},
{
"act_id": 133,
"details": "142.\tIf a Board is satisfied that any building or part of a building in the cantonment which is intended for or used as a dwelling place is unfit for human habitation, it may cause a notice to be posted on some conspicuous part of the building prohibiting the owner or occupier thereof from using the building or room for human habitation, or allowing it to be so used, until it has been rendered fit for such use to the satisfaction of the Board.",
"name": "Power to order disuse of house",
"related_acts": "",
"section_id": 144
},
{
"act_id": 133,
"details": "143.\tA Board may, by notice in writing, require the owner, lessee, or occupier of any land in the cantonment to clear away and remove any thick or noxious vegetation or undergrowth which appears to it to be injurious to health or offensive to persons residing in the neighbourhood.",
"name": "Removal of noxious vegetation",
"related_acts": "",
"section_id": 145
},
{
"act_id": 133,
"details": "144.\tWhere, in the opinion of a Board, the cultivation in the cantonment of any description of crop or the use therein of any kind of manure or the irrigation of any land therein in any specified manner is likely to be injurious to the health of persons dwelling in the neighbourhood, the Board may, by public notice, prohibit such cultivation, use or irrigation after such date as may be specified in the notice, or may, by a like notice, direct that it shall be carried out subject to such conditions as the Board thinks fit: Provided that if, when a notice is issued under this section, any land to which it relates has been lawfully prepared for cultivation or any crop is sown therein or is standing thereon, the Board shall, if it directs that the notice is to take effect on a date earlier than that by which the crop would ordinarily be sown or reaped, as the case may be, make compensation to all persons interested in the land or crop for the loss, if any, incurred by them respectively by reason of compliance with the notice.",
"name": "Agriculture and irrigation",
"related_acts": "",
"section_id": 146
},
{
"act_id": 133,
"details": "145.\tA Board may, by notice in writing, require the owner or person in charge of any burial or burning ground in the cantonment to supply such information as may be specified in the notice concerning the condition, management or position of such ground.",
"name": "Power to call for information regarding burial and burning grounds",
"related_acts": "",
"section_id": 147
},
{
"act_id": 133,
"details": "146.(1) No place in a cantonment which has not been used as a burial or burning ground before the commencement of this Act shall be so used without the permission in writing of the Board. (2)\tSuch permission may be granted subject to any conditions which the Board thinks fit to impose for the purpose of preventing annoyance to, or danger to the health of, persons residing in the neighbourhood.",
"name": "Permission for use of new burial or burning ground",
"related_acts": "",
"section_id": 148
},
{
"act_id": 133,
"details": "147.(1) Where a Board, after making or causing to be made local inquiry, is of opinion that any burial or burning ground in the cantonment has become offensive to, or dangerous to the health of, persons living in the neighbourhood, it may, with the previous sanction of the Government, by notice in writing, require the owner or person in charge of such ground to close the same from such date as may be specified in the notice. (2)\tWhere the Government sanctions the issue of any notice under sub-section (1), it shall declare the conditions on which the burial or burning ground may be re-opened, and a copy of such declaration shall be annexed to the notice. (3)\tWhere the Government sanctions the issue of any such notice, it shall require a new burial or burning ground to be provided at the expense of the cantonment fund, or, if the community concerned is willing to provide a new burial or burning ground, the Government shall require a grant to be made from the cantonment fund towards the cost of the same. (4)\tNo corpse shall be buried or burnt in any burial or burning ground in respect of which a notice issued under this section is for the time being in force.",
"name": "Power to require closing of burial or burning grounds",
"related_acts": "",
"section_id": 149
},
{
"act_id": 133,
"details": "148.\tThe provisions of sections 145, 146 and 147 shall not apply in the case of any burial ground which is for the time being managed by or on behalf of the Government.",
"name": "Exemption from operation of sections 145 to 147",
"related_acts": "",
"section_id": 150
},
{
"act_id": 133,
"details": "149.\tA Board may, by public notice, prescribe routes in the cantonment by which alone corpses may be removed to burial or burning grounds.",
"name": "Removal of corpses",
"related_acts": "",
"section_id": 151
},
{
"act_id": 133,
"details": "150.\tAny person, being in charge of, or in attendance, whether as a medical practitioner or otherwise, upon any person in a cantonment whom he knows or has reason to believe to be suffering from a contagious or infectious disease, or being the owner, lessee or occupier of any building in a cantonment in which he knows that any such person is so suffering, shall, if he fails to give information, or if he gives false information, to the Board respecting the existence of such disease, be punishable with fine which may extend to one hundred Taka: Provided that no person shall be punishable under this section for failure to give information if he had reasonable cause to believe that the information had already been duly given: Provided, further, that this section shall not apply in the case of venereal disease where the person suffering therefrom is under specific and adequate medical treatment and is, by reason of his habits and conditions of life and residence, unlikely to spread the disease.",
"name": "Obligation to give information of infectious or contagious diseases",
"related_acts": "",
"section_id": 152
},
{
"act_id": 133,
"details": "151.(1) In the event of a cantonment being visited or threatened by an outbreak of any infectious or contagious disease among the inhabitants thereof or of any epidemic disease among any animals therein, the Officer Commanding-in-Chief, the Command, if he thinks that the provisions of this Act or of any law for the time being in force in the cantonment are insufficient for the purpose, may, with the previous sanction of the Government,- (a)\ttake such special measures, and (b)\tby public notice, make such temporary regulations to be observed by the public or by any class or section of the public, as he thinks necessary to prevent the outbreak or the spread of the disease: Provided that, where in the opinion of the Officer Commanding-in-Chief, the Command immediate measures are necessary, he may take action without such sanction as aforesaid and, if he does so, shall forthwith report such action to the Government. (2)\tWhoever commits a breach of any temporary regulation made under sub-section (1) shall be deemed to have committed an offence under section 188 of the Penal Code.",
"name": "Special measures in case of outbreak of infectious or epidemic diseases",
"related_acts": "",
"section_id": 153
},
{
"act_id": 133,
"details": "152.\tWhere it is certified to the Executive Officer by a medical practitioner that the outbreak or spread of any infectious or contagious disease in the cantonment is, in the opinion of such medical practitioner, attributable to the milk supplied by any dairyman, the Executive Officer may, by notice in writing, require the dairyman, within such time as may be specified in the notice, to furnish him with a full and complete list of the names and addresses of all his customers within the cantonment, or to give him such information as will enable him to trace the persons to whom the dairyman has sold milk.",
"name": "Power to require names of dairyman's customers",
"related_acts": "",
"section_id": 154
},
{
"act_id": 133,
"details": "153.\tWhere it is certified to the Executive Officer by the Health Officer that it is desirable, with a view to prevent the spread of any infectious or contagious disease in the cantonment, that the Health Officer should be furnished with a list of the customers of any washerman, the Executive Officer may, by notice in writing, require the washerman, within a time to be specified in the notice, to furnish the Health Officer with a full and complete list of the names and addresses of all owners within the cantonment of clothes and other articles which the washerman washes or has washed during the six weeks immediately preceding the date of the notice.",
"name": "Power to require names of a washerman's customers",
"related_acts": "",
"section_id": 155
},
{
"act_id": 133,
"details": "154.\tWhere, after inspection, the Health Officer is of opinion that any infectious or contagious disease is caused or is likely to arise in the cantonment from the consumption of the milk supplied from a dairy or from the washing of clothes or other articles in any place, or from any process employed by a washerman, he shall report the matter to the Executive Officer.",
"name": "Report after inspection of dairy or washerman's place of business",
"related_acts": "",
"section_id": 156
},
{
"act_id": 133,
"details": "155.\tUpon receipt of a report submitted by the Health Officer under section 154, the Executive Officer may, by notice in writing,- (a)\tprohibit the supply of milk from the dairy until the notice has been withdrawn; or (b)\tprohibit the washerman from washing clothes or other articles in any such place or by any such process as aforesaid until the notice has been withdrawn or unless he uses such place in such manner, or washes by such process, as the Executive Officer may direct in the notice.",
"name": "Action on report submitted by Health Officer",
"related_acts": "",
"section_id": 157
},
{
"act_id": 133,
"details": "156.\tThe Health Officer may take possession of any milk, clothes or other articles which are or have recently been in the possession of any dairyman on whom a notice has been served under section 152, or of any clothes or other articles which are or have recently been in the possession of any washerman, on whom a notice has been served under section 153, and may subject the same or cause the same to be subjected to such chemical or other process as he may think necessary; and the Board shall pay from the cantonment fund all the costs of the process and shall also pay to the owner of the milk, clothes or other articles such sum as compensation for any loss occasioned by such process as may appear to it to be reasonable.",
"name": "Examination of milk of washed cloths",
"related_acts": "",
"section_id": 158
},
{
"act_id": 133,
"details": "157.\tWhoever in a cantonment- (a)\tuses a public conveyance while suffering from an infectious or contagious disease, or (b)\tuses a public conveyance for the carriage of a person who is suffering from any such disease, or (c)\tuses a public conveyance for the carriage of the corpse of a person who has died from any such disease, shall be bound to take proper precautions against the communication of the disease to other persons using or who may thereafter use the conveyance and to notify such use to the owner, driver or person in charge of the conveyance, and further to report without delay to the Executive Officer the number of the conveyance and the name of the person so notified.",
"name": "Contamination of public conveyance",
"related_acts": "",
"section_id": 159
},
{
"act_id": 133,
"details": "158.(1) Where any person suffering from, or the corpse of any person who has died from, an infectious or contagious disease has been carried in a public conveyance which ordinarily plies in a cantonment, the driver thereof shall forthwith report the fact to the Executive Officer who shall forthwith cause the conveyance to be disinfected if that has not already been done. (2)\tNo such conveyance shall be brought again into use until the Executive Officer has granted a certificate stating that it can be used without causing risk of infection.",
"name": "Disinfection of public conveyance",
"related_acts": "",
"section_id": 160
},
{
"act_id": 133,
"details": "159.\tWhoever fails to make to the Executive Officer any report which he is required to make by section 157 or section 158, shall be punishable with fine which may extend to one hundred Taka.",
"name": "Penalty for failure to report",
"related_acts": "",
"section_id": 161
},
{
"act_id": 133,
"details": "160.\tNotwithstanding anything contained in any law for the time being in force, no owner, driver or person in charge of a public conveyance shall be bound to convey or to allow to be conveyed in such conveyance in or in the vicinity of a cantonment any person suffering from an infectious or contagious disease or the corpse of any person who has died from such disease unless and until such person pays or tenders a sum sufficient to cover any loss and expense which would ordinarily be incurred in disinfecting the conveyance.",
"name": "Driver of conveyance not bound to carry person suffering from infectious or contagious disease",
"related_acts": "",
"section_id": 162
},
{
"act_id": 133,
"details": "161.\tWhere a Board is, upon the advice of the Health Officer, of opinion that the cleansing and disinfection of any building or part of a building in the cantonment or of any articles in any such building or part which are likely to retain infection, or the renewal of the flooring of any such building or part of such building, would tend to prevent or check the spread of any infectious or contagious disease, he may, by notice in writing, require the owner or occupier to cleanse and disinfect the said building, part or articles, as the case may be, or to renew the said flooring, within such time as may be specified in the notice: Provided that where, in the opinion of the Board, the owner or occupier is from poverty or any other cause unable effectually to carry out any such requisition, the Board may, at the expense of the cantonment fund, cleanse and disinfect the building, part or articles, or, as the case may be, renew the flooring.",
"name": "Disinfection of building or articles therein",
"related_acts": "",
"section_id": 163
},
{
"act_id": 133,
"details": "162.(1) Where the destruction of any hut or shed in a cantonment is, in the opinion of the Board, necessary to prevent the spread of any infectious or contagious disease, the Board may, by notice in writing, require the owner to destroy the hut, or shed and the materials thereof within such time as may be specified in the notice. (2)\tWhere the President of a Board is satisfied that the destruction of any hut or shed in the cantonment is immediately necessary for the purpose of preventing the spread of any infectious or contagious disease, he may order the owner or occupier of the hut or shed to destroy the same forthwith, or may himself cause it to be destroyed after giving not less than two hours' notice to the owner or occupier thereof. (3)\tThe Board shall pay compensation to the owner of any hut or shed destroyed under this section.",
"name": "Destruction of infectious hut or shed",
"related_acts": "",
"section_id": 164
},
{
"act_id": 133,
"details": "163.\tThe Board shall provide free of charge temporary shelter or house accommodation for the members of any family in which an infectious or contagious disease has appeared who have been compelled to leave their dwelling by reason of any proceedings taken under section 161 or section 162, and who desire such shelter or accommodation as aforesaid to be provided for them.",
"name": "Temporary shelter for inmates of disinfected or destroyed building or shed",
"related_acts": "",
"section_id": 165
},
{
"act_id": 133,
"details": "164.(1) Where in a cantonment any building or part of a building is intended to be let in which any person has, within the six weeks immediately preceding, been suffering from an infectious or contagious disease, the person letting the building or part shall before doing so disinfect the same in such manner as the Board may, by public or special notice, direct, together with all articles therein liable to retain infection. (2)\tFor the purposes of this section, the keeper of an hotel, lodging house or sarai shall be deemed to let to any person who is admitted as a guest therein that part of the building in which such person is permitted to reside.",
"name": "Disinfection of building before letting the same",
"related_acts": "",
"section_id": 166
},
{
"act_id": 133,
"details": "165.\tNo person shall, without previous disinfection of the same, give, lend, sell, transmit or otherwise dispose of to another person any article or thing which he knows or has reason to believe has been exposed to contamination by any infectious or contagious disease and is likely to be used in, or taken into, a cantonment.",
"name": "Disposal of infected article without disinfection",
"related_acts": "",
"section_id": 167
},
{
"act_id": 133,
"details": "166.(1) Every Board shall- (a)\tprovide proper places with necessary attendants and apparatus for the disinfection of conveyances, clothing, bedding or other articles which have been exposed to infection; (b)\tcause conveyances, clothing or other articles brought for disinfection to be disinfected either free of charge or on payment of such charges as it may fix. (2)\tA Board may notify places at which articles of clothing, bedding, conveyances or other articles which have been exposed to infection shall be washed, and, if it does so, no person shall wash any such thing at any place not so notified without having previously disinfected such thing. (3)\tThe President of a Board may direct the destruction of any clothing, bedding or other article in the cantonment likely to retain infection, and may give such compensation as he thinks fit for any article so destroyed.",
"name": "Means of disinfection",
"related_acts": "",
"section_id": 168
},
{
"act_id": 133,
"details": "167.\tWhoever, while suffering from, or in circumstances in which he is likely to spread, any infectious or contagious disease,- (a)\tmakes, carries or offers for sale in a cantonment or takes any part in the business of making, carrying or offering for sale therein any article of food or drink or any medicine or drug for human consumption, or any article of clothing or bedding for personal use or wear, or (b)\ttakes any part in the business of the washing or carrying of clothes, shall be punishable with fine which may extend to one hundred Taka.",
"name": "Making or selling of food, etc., or washing clothes by infected person",
"related_acts": "",
"section_id": 169
},
{
"act_id": 133,
"details": "168.\tWhen a cantonment is visited or threatened by an outbreak of any infectious or contagious disease, the Board may, by public notice, restrict in such manner or prohibit for such period, as may be specified in the notice, the sale or preparation of any article of food or drink for human consumption specified in the notice or the sale of any flesh of any description of animals so specified.",
"name": "Power to restrict or prohibit sale of food or drink",
"related_acts": "",
"section_id": 170
},
{
"act_id": 133,
"details": "169.(1) If a Board is of opinion that the water in any well, tank or other place is likely, if used for drinking, to engender, or cause the spread of, any disease, it may,- (a)\tby public notice, prohibit the removal or use of such water for drinking; (b)\tby notice in writing, require the owner or person having control of such well, tank or place to take such steps as may be directed by the notice to prevent the public from having access to or using such water; or (c)\ttake such other steps as it may consider expedient to prevent the outbreak or spread of any such disease. (2)\tIn the event of cantonment or any part of a cantonment being visited or threatened by an outbreak of any infectious or contagious disease, the Health Officer or any person authorised by him in this behalf may, without notice and at any time, inspect and disinfect any well, tank or other place from which water is, or is likely to be, taken for the purposes of drinking, and may further take such steps as he thinks fit to ensure the purity of the water or to prevent the use of the same for drinking purposes.",
"name": "Control over wells, tanks, etc.",
"related_acts": "",
"section_id": 171
},
{
"act_id": 133,
"details": "170.\tWhere any person has died in a cantonment from any infectious or contagious disease, the Executive Officer may, by notice in writing,- (a)\trequire any person having charge of the corpse to convey the same to a mortuary, thereafter to be disposed of in accordance with law; or (b)\tprohibit the removal of the corpse from the place where death occurred except for the purpose of being buried or burned or of being conveyed to a mortuary.",
"name": "Disposal of infectious corpse",
"related_acts": "",
"section_id": 172
},
{
"act_id": 133,
"details": "171.(1) A Board may- (a)\tprovide and maintain either within or without the cantonment as many hospitals and dispensaries as it thinks fit; or (b)\tmake, upon such terms as it thinks fit to impose, a grant-in-aid to any hospital or dispensary or veterinary hospital, whether within or without the cantonment, not maintained by it. (2)\tEvery hospital or dispensary maintained or aided under sub-section (1) shall have attached to it a ward or wards for the treatment of persons suffering from infectious or contagious diseases. (3)\tA medical officer, appointed in such manner as the Government may direct, shall be in charge of every hospital or dispensary maintained or aided under this section.",
"name": "Maintenance or aiding of hospitals or dispensaries",
"related_acts": "",
"section_id": 173
},
{
"act_id": 133,
"details": "172.(1) Every hospital or dispensary maintained or aided under section 171 shall be maintained in accordance with any general or special orders of the Government for the conduct of hospitals and dispensaries or in accordance with the said orders modified in such manner as the Government thinks fit. (2)\tThe Board shall cause every such hospital or dispensary to be provided with all requisite drugs, instruments, apparatus, furniture and appliances and with sufficient cots, bedding and clothing for in-patients.",
"name": "Medical supplies, appliances, etc.",
"related_acts": "",
"section_id": 174
},
{
"act_id": 133,
"details": "173.\tAt every hospital or dispensary maintained or aided under section 171, the sick poor of the cantonment and other inhabitants of the cantonment suffering from infectious or contagious diseases, and, with the sanction of the Board, any other sick persons, may receive medical or surgical treatment free of cost, and, if treated as in-patients, shall be either dieted gratuitously or, if the medial officer in charge so directs, shall be granted subsistence allowance on such scale as the Board may fix: Provided that the subsistence allowance shall not be less than the lowest allowance for the time being fixed for the subsistence of judgment debtors by the 72Government under section 57 of the Code of Civil Procedure, 1908.",
"name": "Free patients",
"related_acts": "86",
"section_id": 175
},
{
"act_id": 133,
"details": "174.\tAny sick person who is ineligible to receive medical or surgical treatment free of cost in any hospital or dispensary under section 173 may be admitted to treatment therein upon such terms as the Board thinks fit.",
"name": "Paying patients",
"related_acts": "",
"section_id": 176
},
{
"act_id": 133,
"details": "175.(1) If the Health Officer or the medical officer in charge of a hospital or dispensary maintained or aided under section 171 has reason to believe that any person living in the cantonment is suffering from an infectious or contagious disease, he may, by notice in writing, call upon such person to attend for examination at any such hospital or dispensary at such time as may be specified in the notice and not to quit it without the permission of the medical officer in charge; and on the arrival of such person at the hospital or dispensary, the medical officer in charge thereof may examine him for the purpose of satisfying himself whether or not such person is suffering from an infectious or contagious disease: Provided that, if, having regard to the nature of the disease or the condition of the person suffering therefrom, or the general environment and circumstances of such person, the Health Officer or medical officer, as the case may be, considers that the attendance of such person at a hospital or dispensary is likely to prove unnecessary or inexpedient, he shall examine such person at such person's own residence. (2)\tIf any person on examination under sub-section (1), is found to be suffering from an infectious or contagious disease, the Health Officer or medical officer, as the case my be, may cause him to be detained in hospital until he is free from the infection or contagion: Provided that, if having regard to the nature of the disease or the condition of the person suffering therefrom, or the general environment and circumstances of such person, he considers that the detention of such person at a hospital or dispensary is unnecessary or inexpedient, he shall discharge such person and take such measures or give such directions in the matter as he thinks necessary.",
"name": "Power to order person to attend hospital or dispensary",
"related_acts": "",
"section_id": 177
},
{
"act_id": 133,
"details": "176.(1) If the Health Officer or the medical officer in charge of a hospital or dispensary maintained or aided under section 171 reports in writing to the Officer Commanding the station that any person having received a notice under section 175 has refused or omitted to attend at the hospital or dispensary, specified in the notice, or that such person, having attended the hospital or dispensary, has quitted it without the permission of such medical officer, or that any person has failed to comply with any direction given to him under section 175, \tthe Officer Commanding the station may, by order in writing, direct such person to remove from the cantonment within twenty-four hours and not to re-enter it without his permission in writing. (2)\tNo person who has under sub-section (1) been ordered to remove from and not to re-enter a cantonment shall enter any other cantonment in Bangladesh without the written permission of the Officer Commanding the station.",
"name": "Power to exclude from cantonment persons refusing to attend hospital or dispensary",
"related_acts": "",
"section_id": 178
},
{
"act_id": 133,
"details": "177.(1) A Board may provide or prescribe suitable routes for the use of persons passing through the cantonment- (a)\ton their way to or from fairs or places of pilgrimage or other places of public resort; or (b)\tduring times when an infectious or contagious disease is prevalent; and may, by public notice, require such persons as aforesaid to use such routes and no others. (2)\tAll routes provided or prescribed under sub-section (1) shall be clearly and sufficiently indicated by the Board.",
"name": "Routes for pilgrims and others",
"related_acts": "",
"section_id": 179
},
{
"act_id": 133,
"details": "178.(1) Whoever, being a sweeper employed by a Board in the absence or a written contract authorising him so to do and without reasonable cause, resigns his employment or absents himself from his duty without having given one month's notice to the Board, or neglects or refuses to perform his duties, or any of them, shall be punishable with imprisonment which may extend to one month. (2)\tThe Government may, by notification in the official Gazette, direct that on and from such date as may be specified in the notification, the provisions of this section shall apply in the case of any specified class of servants employed by a Board whose functions intimately concern the public health or safety. (3)\tFor the purpose of this section, \"sweeper\" includes any menial servant employed by a Board in the removal or disposal of filth or rubbish.",
"name": "Conditions of Service of sweepers",
"related_acts": "",
"section_id": 180
},
{
"act_id": 133,
"details": "73178A.\tNo person shall erect or re-erect a building on any land in a cantonment, except with the previous sanction of the Board, nor otherwise than in accordance with the provisions of this Chapter and of the rules and bye-laws made under this Act relating to the erection and re-erection of buildings.",
"name": "Sanction for building",
"related_acts": "",
"section_id": 181
},
{
"act_id": 133,
"details": "179.(1)\tWhoever intends to erect or re-erect any building in a cantonment shall apply for sanction by giving notice in writing of his intention to the Board. (2)\tFor the purposes of this Act, a person shall be deemed to erect or re-erect a building who- (a)\tmakes any material alteration or enlargement of any building, or (b)\tconverts into a place for human habitation any building not originally constructed for that purpose, or (c)\tconverts into more than one place for human habitation a building originally constructed as one such place, or (d)\tconverts two or more places of human habitation into a greater number of such places, or (e)\tconverts into a stable, cattle-shed or cowhouse any building originally constructed for human habitation, or (f)\tmakes any alteration which there is reason to believe is likely to affect prejudicially the stability or safety of any building or the condition of any building in respect of drainage, sanitation or hygiene, or (g)\tmakes any alteration to any building which increases or diminishes the height of, or area covered by, or the cubic capacity of, the building, or which reduces the cubic capacity of any room in the building below the minimum prescribed by any bye-law made under this Act.",
"name": "Notice of new buildings",
"related_acts": "",
"section_id": 182
},
{
"act_id": 133,
"details": "180. (1) A person giving the notice required by section 179 shall specify the purpose for which it is intended to use the building to which such notice relates. (2)\tNo notice shall be valid until the information required under sub-section (1) and any further information and plans which may be required under bye-laws made under this Act have been furnished to the satisfaction of the Board along with the notice.",
"name": "Conditions of valid notice",
"related_acts": "",
"section_id": 183
},
{
"act_id": 133,
"details": "181.\t(1) The Board may either refuse to sanction the erection or re-erection, as the case may be, of the building, or may sanction it either absolutely or subject to such directions as it thinks fit to make in writing in respect of all or any of the following matters, namely:- (a)\tthe free passage or way to be left in front of the building; (b)\tthe space to be left about the building to secure free circulation of air and facilitate scavenging and the prevention of fire; (c)\tthe ventilation of the building, the minimum cubic area of the rooms and the number and height of the storeys of which the building may consist; (d)\tthe provision and position of drains, latrines, urinals, cesspools or other receptacles for filth; (e)\tthe level and width of the foundation, the level of the lowest floor and the stability of the structure; (f)\tthe line of frontage with neighbouring buildings if the building abuts on a street; (g)\tthe means to be provided for egress from the building in case of fire; (h)\tthe materials and method of construction to be used for external and party wall for rooms, floors, fireplaces and chimneys; (i)\tthe height and slope of the roof above the uppermost floor upon which human beings are to live or cooking operations are to be carried on; and (j)\tany other matter affecting the ventilation and sanitation of the buildings; and the person erecting or re-erecting the building shall obey all such written directions in every particular. (2)\tThe Board may refuse to sanction the erection or re-erection of any building, either on grounds sufficient in the opinion of the Board affecting the particular building, or in pursuance of a general scheme sanctioned by the Officer Commanding-in-Chief, the Command, restricting the erection or re-erection of buildings within specified limits for the prevention of over-crowding or in the interests of persons residing within such limits or for any other public purpose. (3)\tThe Board, before sanctioning the erection or re-erection of a building on land which is under the management of the Military Estates Officer, shall refer the application to the Military Estates Officer for ascertaining whether there is any objection on the part of Government to such erection or re-erection; and the Military Estates Officer shall return the application together with his report thereon to the Board within thirty days after it has been received by him. (4)\tThe Board may refuse to sanction the erection or re-erection of any building- (a)\twhen the land on which it is proposed to erect or re-erect the building is held on a lease from the Government, if the erection or re-erection constitutes a breach of the terms of the lease, or (b)\twhen the land on which it is proposed to erect or re-erect the building is not held on a lease from the Government, if the right to build on such land is in dispute between the person applying for sanction and the Government. (5)\tIf the Board decides to refuse to sanction the erection or re-erection of the building, it shall communicate in writing the reasons for such refusal to the person by whom notice was given. (6)\tWhere the Board neglects or omits, for one month after the receipt of a valid notice, to make and to deliver to the person who has given the notice any order of any nature specified in this section, and such person thereafter by a written communication sent by registered post to the Board calls the attention of the Board to the neglect or omission, then, if such neglect to omission continues for a further period of fifteen days from the date of such communication the Board shall be deemed to have given sanction to the erection or re-erection, as the case may be, unconditionally: Provided that, in any case to which the provisions of sub-section (3) apply, the period of one month herein specified shall be reckoned from the date on which the Board has received the report referred to in that sub-section.",
"name": "Power of Board to sanction or refuse",
"related_acts": "",
"section_id": 184
},
{
"act_id": 133,
"details": "182.(1)\tNo compensation shall be claimable by any person for any damage or loss which he may sustain in consequence of the refusal of the Board of sanction to the erection of any building or in respect of any direction issued by it under sub-section (1) of section 181. (2)\tThe Board shall make compensation to the owner of any building for any actual damage or loss sustained by him in consequence of the prohibition of there-erection of any building or of its requiring any land belonging to him to be added to the street: Provided that the Board shall not be liable to make any compensation in respect of the prohibition of the re-erection of any building which for a period of three years or more immediately preceding such refusal has not been in existence or has been unfit for human habitation.",
"name": "Compensation",
"related_acts": "",
"section_id": 185
},
{
"act_id": 133,
"details": "183.\tEvery sanction for the erection or re-erection of a building given or deemed to have been given by the Board as hereinbefore provided shall be available for one year from the date on which it is given, and, if the building so sanctioned is not begun by the person who has obtained the sanction or some one lawfully claiming under him within that period, it shall not thereafter be begun unless the Board on application made therefor has allowed an extension of that period.",
"name": "Lapse of sanction",
"related_acts": "",
"section_id": 186
},
{
"act_id": 133,
"details": "74183A.\tA Board, when sanctioning the erection or re-erection of a building as hereinbefore provided, shall specify areasonable period after the work has commenced within which the erection or re-erection is to be completed, and, if the erection or re-erection is not completed within the period so fixed, it shall not be continued thereafter without fresh sanction obtained in the manner hereinbefore provided, unless the Board on application made therefor has allowed an extension of that period: Provided that not more than such extensions shall be allowed by the Board in any case.",
"name": "Period for completion of building",
"related_acts": "",
"section_id": 187
},
{
"act_id": 133,
"details": "184.\tWhoever begins, continues or completes the erection or re-erection of a building- (a)\twithout having given a valid notice as required by sections 179 and 180, or before the building has been sanctioned or is deemed to have been sanctioned, or (b)\twithout complying with any direction made under sub-section (1) of section 181, or (c)\twhen sanction has been refused, or has ceased to be available, or has been suspended by the Officer Commanding-in-Chief, the Command, under clause (b) of sub-section (1) of section 52, shall be punishable with fine which may extend to five hundred Taka.",
"name": "Illegal erection and re-erection",
"related_acts": "",
"section_id": 188
},
{
"act_id": 133,
"details": "185.(1) A Board may, at any time, by notice in writing, direct the owner, lessee or occupier of any land in the cantonment to stop the erection or re-erection of a building in any case in which the Board considers that such erection or re-erection is an offence under section 184, and may in any such case or in any other case in which the Board considers that the erection or re-erection of a building is an offence under section 184, within twelve months of the completion of such erection or re-erection in like manner direct the alteration or demolition, as it thinks necessary, of the building, or any part thereof, so erected or re-erected: Provided that the Board may, instead of requiring the alteration or demolition of any such building or part thereof, accept by way of composition such sum as it thinks reasonable: Provided further that the Board shall not, without the previous concurrence of the Officer Commanding-in-Chief, the Command, accept any sum by way of composition under the foregoing proviso in respect of any building on land which is not under the management of the Board. (2)\tA Board shall by notice in writing direct the owner, lessee or occupier of any land in the cantonment to stop the erection or re-erection of a building in any case in which the order under section 181 sanctioning the erection or re-erection has been suspended by the Officer Commanding-in-Chief, the Command, under clause (b) of sub-section (1) of section 52, and shall in any such case in like manner direct the demolition or alteration, as the case may be, of the building or any part thereof so erected or re-erected where the Officer Commanding-in-Chief, the Command, thereafter directs that the order of the Board sanctioning the erection or re-erection of the building shall not be carried into effect or shall be carried into effect with modifications specified by him: Provided that the Board shall pay to the owner of the building compensation for any loss actually incurred by him in consequence of the demolition or alteration of any building which has been erected or re-erected prior to the date on which the order of the Officer Commanding-in-Chief, the Command, has been communicated to him.",
"name": "Power to stop erection or re-erection or to demolish",
"related_acts": "",
"section_id": 189
},
{
"act_id": 133,
"details": "186.\tA Board may make bye-laws prescribing- (a)\tthe manner in which notice of the intention to erect or re-erect a building in the cantonment shall be given to the Board and the information and plans to be furnished with the notice; (b)\tthe type or description of buildings which may or may not, and the purpose for which a building may or may not, be erected or re-erected in the cantonment or any part thereof; (c)\tthe minimum cubic capacity of any room or rooms in a building which is to be erected or re-erected; (d)\tthe fees payable on provision by the Board of plans or specifications of the type of buildings which may be erected in the cantonment or any part thereof; (e)\tthe circumstances in which a mosque, temple or church or other sacred building may be erected or re-erected; and (f)\twith reference to the erection or re-erection of buildings, or of any class of building, all or any of the following matters, namely:- (i)\tthe line of frontage where the building abuts on a street; (ii)\tthe space to be left about the building to secure free circulation of air and facilities for scavenging and for the prevention of fire; (iii)\tthe materials and method of construction to be used for external and party-walls, roofs and floors; (iv)\tthe position, the material and the method of construction of fireplaces, chimneys, drains, latrines, privies, urinals and cesspools; (v)\theight and slope of the roof above the uppermost floor upon which human beings are to live or cooking operating are to be carried on; (vi)\tthe level and width of the foundation, the level of the lowest floor and the stability of the structure; (vii)\tthe number and height of the storeys of which the building may consist; (viii)\tthe means to be provided for egress from the building in case of fire; (ix)\tthe safeguarding of wells from pollution; or (x)\tthe materials and method of construction to be used for godowns intended for the storage of foodgrains in excess of fifty maunds in order to render them rat proof.",
"name": "Power to make bye-laws",
"related_acts": "",
"section_id": 190
},
{
"act_id": 133,
"details": "187.(1) No owner or occupier of any building in a cantonment shall, without the permission in writing of the Board, add to or place against or in front of the building any projection or structure overhanging projecting into, or encroaching on, any street or any drain, sewer or aqueduct therein. (2)\tThe Board may, by notice in writing, require the owner or occupier of any such building to alter or remove any such projection or encroachment as aforesaid: Provided that, in the case of any projection or encroachment lawfully in existence at the commencement of this Act, the Board shall make compensation for any damage caused by the removal or alteration. (3)\tThe Board may, by order in writing, give permission to the owners or occupiers of buildings in any particular street to put up open verandahs, balconies or rooms projecting from any upper storey thereof to an extent beyond the line of the plinth or basement wall at such height from the level ground or street as may be specified in the order.",
"name": "Projections and obstructions",
"related_acts": "",
"section_id": 191
},
{
"act_id": 133,
"details": "188.\tA Board may, by notice in writing, require any person who has, without its permission in writing, newly erected or re-erected any structure over any public sewer, drain, culvert, water-course or water-pipe in the cantonment to pull down or otherwise deal with the same as it thinks fit.",
"name": "Unauthorised buildings over drains, etc.",
"related_acts": "",
"section_id": 192
},
{
"act_id": 133,
"details": "189.(1) A Board may, by notice in writing, require the owner or lessee of any building or land in any street, at his own expense and in such manner as the Board thinks fit, to put up and keep in good condition proper troughs and pipes for receiving and carrying rain water from the building or land and for discharging the same or to establish and maintain any other connection or communication between such building or land and any drain or sewer. (2)\tFor the purpose of efficiently draining any building or land in the cantonment, the Board may, by notice in writing, require the owner or lessee of the building or land- (a)\tto pave, with such materials and in such manner as it thinks fit, any courtyard, alley or passage between two or more buildings, or (b)\tto keep any such paving in proper repair.",
"name": "Drainage and sewer connections",
"related_acts": "",
"section_id": 193
},
{
"act_id": 133,
"details": "190.\tA Board may attach to the outside of any building, or to any tree in the cantonment, brackets for lamps in such manner as not to occasion injury thereto or inconvenience.",
"name": "Power to attach brackets for lamps",
"related_acts": "",
"section_id": 194
},
{
"act_id": 133,
"details": "191.\tA Board may, by order in writing, permit the temporary occupation of any street, or of any land vested in the Board, for the purpose of depositing any building materials or making any temporary excavation therein or erection thereon, subject to such conditions as it may prescribe for the safety or convenience of the public, and may charge a fee for such permission and may in its discretion withdraw such permission.",
"name": "Temporary occupation of street, land, etc.",
"related_acts": "",
"section_id": 195
},
{
"act_id": 133,
"details": "192.\t(1) A Board shall not permanently close any street or open any new street or without the previous sanction of the Officer Commanding-in-Chief, the Command. (2)\tA Board may, by public notice, temporarily close any street or any part of a street for repair or for the purpose of carrying out any work connected with drainage, water-supply or lighting or any other work which it is by or under this Act required or permitted to carry out: Provided that where, owing to any works or repairs or from any other cause, the condition of any street or of any water-works, drain, culvert or premises vested in the Board, is such as to be likely to cause danger to the public, the Board shall- (a)\ttake all reasonable means for the protection of the adjacent buildings and land and provide reasonable means of access thereto; (b)\tcause sufficient barriers or fences to be erected for the security of life and property, and cause such barriers or fences to be sufficiently lighted from sunset to sunrise.",
"name": "Closing and opening of streets",
"related_acts": "",
"section_id": 196
},
{
"act_id": 133,
"details": "193.(1) A Board may cause a name to be given to any street and to be affixed on any building in the cantonment in such place as it thinks fit, and may also cause a number to be affixed to any such building. (2)\tWhoever destroys, pulls down, defaces or alters any such name or number or puts up any name or number differing from that put up by the order of the Board shall be punishable with fine which may extend to twenty Taka. (3)\tWhen a number has been affixed to any building under sub-section (1), the owner of the building shall maintain the number in order, and shall replace it if removed or defaced, and if he fails to do so the Board may by notice in writing require him to replace it.",
"name": "Names of streets and numbers of buildings",
"related_acts": "",
"section_id": 197
},
{
"act_id": 133,
"details": "194.(1) No boundary wall, hedge or fence of any material or description shall be erected in a cantonment without the permission in writing of the Board. (2) \tA Board may, by notice in writing, require the owner or lessee of any land in the cantonment- (a)\tto remove from the land any boundary wall, hedge or fence which is, in its opinion unsuitable, unsightly or otherwise objectionable; or (b)\tto construct on the land sufficient boundary walls, hedges or fences of such material, description or dimensions as may be specified in the notice; or (c)\tto maintain the boundary walls, hedges or fences of such lands in good order: Provided that, in the case of any such boundary wall, hedge or fence which was erected with the consent or under the orders of the Board, or which was in existence at the commencement of this Act, the Board shall make compensation for any damage caused by the removal thereof. (3)\tThe Board may, by notice in writing, require the owner, lessee or occupier of any such land to cut or trim any hedge on the land in such manner and within such time as may be specified in the notice.",
"name": "Boundary walls, hedges and fences",
"related_acts": "",
"section_id": 198
},
{
"act_id": 133,
"details": "195.(1) Where, in the opinion of a Board, the felling of any tree of mature growth standing in a private enclosure in the cantonment is necessary for any reason, the Board may, by notice in writing, require the owner, lessee or occupier of the land to fell the tree within such time as may be specified in the notice. (2)\tA Board may- (a)\tcause to be lopped or trimmed any tree standing on land in the cantonment which belongs to the Government: or (b)\tby public notice require all owners, lessees or occupiers of land in the cantonment, or by notice in writing require the owner, lessee or occupier of any such land, to lop or trim, in such manner as may be specified in the notice, all or any trees standing on such land or to remove any dead trees from such land.",
"name": "Felling, lopping and trimming of trees",
"related_acts": "",
"section_id": 199
},
{
"act_id": 133,
"details": "196.\t Whoever, without the permission in writing of the Board, digs up the surface of any open space in the cantonment, which is not private property, shall be punishable with fine which may extend to twenty Taka, and, in the case of a continuing offence, with an additional fine which may extend to five Taka for every day after the first during which the offence continues.",
"name": "Digging of public land",
"related_acts": "",
"section_id": 200
},
{
"act_id": 133,
"details": "197.(1) If, in the opinion of a Board, the working of a quarry in the cantonment, or the removal of stone, earth or other material from the soil in any place in the cantonment, is dangerous to persons residing in or frequenting the neighbourhood of such quarry or place, or creates, or is likely to create, a nuisance, the Board may, by notice in writing, prohibit the owner, lessee or occupier of such quarry or place or the person responsible for such working or removal, from continuing or permitting the working of such quarry or the moving of such material, or require him to take such steps in the matter as the Board may direct for the purpose of preventing danger or abating the nuisance arising or likely to arise therefrom. (2)\tIf, in any case referred to in sub-section (1), the Board is of opinion that such a course is necessary in order to prevent imminent danger, it may, by order in writing, require a proper hoarding or fence to be put up for the protection of passers-by.",
"name": "Improper use of land",
"related_acts": "",
"section_id": 201
},
{
"act_id": 133,
"details": "198.(1) A Board may provide and maintain, either within or without the cantonment, public markets and public slaughter-houses, to such number as it thinks fit, together with stalls, shops, sheds, pens and other buildings or conveniences for the use of persons carrying on trade or business in or frequenting such markets or slaughter-houses, and may provide and maintain in any such market buildings, places, machines, weights, scales and measures for the weighment or measurement of goods sold therein. (2)\tWhen such market or slaughter-house is situated beyond cantonment limits, the Board shall have the same power for the inspection and proper regulation of the same as if it were situated within those limits. (3)\tThe Board may at any time, by public notice, close any public market or public slaughter-house or any part thereof. (4)\tNothing in this section shall be deemed to authorise the establishment of a public market or public slaughter-house within the limits of any area administered by any local authority other than the Board without the permission of such local authority or otherwise than on such conditions as such local authority may approve.",
"name": "Public markets and slaughter-houses",
"related_acts": "",
"section_id": 202
},
{
"act_id": 133,
"details": "199.(1) No person shall, without the general or special permission in writing of the Board, sell or expose for sale any animal or article in any public market. (2)\tAny person contravening the provisions of this section, and any animal or article exposed for sale by such person, may be summarily removed from the market by or under the orders of the Executive Officer or any officer or servant of the Board authorised by it in this behalf.",
"name": "Use of public markets",
"related_acts": "",
"section_id": 203
},
{
"act_id": 133,
"details": "200.\tA Board may- (a)\tcharge for the occupation or use of any stall, shop, standing, shed or pen in a public market, or public slaughter-house, or for the right to expose goods for sale in a public market, or for weighing or measuring goods sold therein, or for the right to slaughter animals in any public slaughter-house, such stallages, rents and fees as it thinks fit; or (b)\twith the sanction of the Officer Commanding-in-Chief, the Command, farm the stallages, rents and fees leviable as aforesaid or any portion thereof for any period not exceeding one year at a time; or (c)\tput up to public auction, or with the sanction of the Officer Commanding-in-Chief, the Command, dispose of by private sale, the privilege of occupying or using any stall, shop, standing, shed or pen in a public market or public slaughter-house for such term and on such conditions as it thinks fit.",
"name": "Levy of stallages, rents and fees",
"related_acts": "",
"section_id": 204
},
{
"act_id": 133,
"details": "201.\tA copy of the table of stallages, rents and fees, if any, leviable in any public market or public slaughter-house, and of the bye-laws made under this Act for the purpose of regulating the use of such market or slaughter-house, printed in the 75Bengali language and in such other language or languages as the Board may direct, shall be affixed in some conspicuous place in the market or slaugher-house.",
"name": "Stallages, rents, etc., to be published",
"related_acts": "",
"section_id": 205
},
{
"act_id": 133,
"details": "202.(1) No place in a cantonment other than a public market shall be used as a market, and no place in a cantonment other than a public slaughter-house shall be used as a slaughter-house, unless such place has been licensed as a market or slaughter-house, as the case may be, by the Board: Provided that nothing in this sub-section shall apply in the case of a slaughter-house established and maintained by the Government. (2)\tNothing in sub-section (1) shall be deemed- (a)\tto restrict the slaughter of any animal in any place on the occasion of any festival or ceremony, subject to such conditions as to prior or subsequent notice as the Executive Officer with the previous sanction of the District Magistrate may, by public or special notice, impose in this behalf, or (b)\tto prevent the Executive Officer, with the sanction of the Board, from setting apart places for the slaughter of animals in accordance with religious custom, when such animals are slaughtered for consumption by the troops or for the purpose of the sale of the flesh thereof to the troops. (3)\tWhoever omits to comply with any condition imposed by the Executive Officer under clause (a) of sub-section (2) shall be punishable with fine which may extend to fifty Taka and, in the case of a continuing offence, with an additional fine which may extend to ten Taka for every day after the first during which the offence is continued.",
"name": "Private markets and slaughter-houses",
"related_acts": "",
"section_id": 206
},
{
"act_id": 133,
"details": "203.(1) A Board may charge such fees as it thinks fit to impose for the grant of a licence to any person to open a private market or private slaughter-house in the cantonment, and may grant such licence subject to such conditions, consistent with this Act and any bye-laws made thereunder, as it thinks fit to impose. (2)\tThe Board may refuse to grant any such licence without giving reasons for such refusal.",
"name": "Conditions of grant of licence for private market or slaughter-house",
"related_acts": "",
"section_id": 207
},
{
"act_id": 133,
"details": "204.(1) Any person who keeps open for public use any market or slaughter-house in respect of which a licence is required by or under this Act, without obtaining licence therefor, or while the licence therefor is suspended, or after the same has been cancelled, shall be punishable with fine which may extend to fifty Taka and, in the case of a continuing offence, with an additional fine which may extend to five Taka or every day after the first during which the offence is continued. (2)\tWhen a licence to open a private market or private slaughter-house is granted or refused or is suspended or cancelled, the Board shall cause a notice of the grant, refusal, suspension or cancellation to be posted in 76Bengali, and in such other language or languages as it thinks necessary, in some conspicuous place by or near the entrance to the place to which the notice relates.",
"name": "Penalty for keeping market or slaughter-house open without licence, etc.",
"related_acts": "",
"section_id": 208
},
{
"act_id": 133,
"details": "205.\tWhoever, knowing that any market or slaughter-house has been opened to the public without a licence having been obtained therefor when such licence is required by or under this Act, or that the licence granted therefor is for the time being suspended or that it has been cancelled, sells or exposes for sale and article in such market, or slaughters any animal in such slaughter-house, shall be punishable with fine which may extend to fifty Taka and, in the case of a continuing offence, with an additional fine which may extend to five Taka for every day after the first during which the offence is continued.",
"name": "Penalty for using unlicensed market or slaughter-house",
"related_acts": "",
"section_id": 209
},
{
"act_id": 133,
"details": "206.(1) Where, in the opinion of the Board, it is necessary on sanitary grounds so to do, it may, by public notice, prohibit for such period, not exceeding one month, as may be specified in the notice, or for such further period, not exceeding one month, as it may specify by a like notice, the use of any private slaughter-house specified in the notice, or the slaughter therein of any animal of any description so specified. (2)\tA copy of every notice issued under sub-section (1) shall be conspicuously posted in the slaughter-house to which it relates.",
"name": "Prohibition and restriction of use of slaughter-houses",
"related_acts": "",
"section_id": 210
},
{
"act_id": 133,
"details": "207.(1) Any servant of a Board, authorised by order in writing in this behalf by the President of the Board or the Health Officer, may, if he has reason to believe that any animal has been, is being, or is about to be slaughtered in any place in contravention of the provisions of this Chapter, enter into and inspect any such place at any time, whether by day or by night. (2)\tEvery such order shall specify the place to be entered and the locality in which the same is situated and the period, which shall not exceed seven days, for which the order is to remain in force.",
"name": "Power to inspect slaughter-houses",
"related_acts": "",
"section_id": 211
},
{
"act_id": 133,
"details": "208.\tA Board may, with the approval of the Government, make bye-laws consistent with this Act to provide for all or any of the following matters, namely:- (a)\tthe days on, and the hours during, which any private market or private slaughter-house may be kept open for use; (b)\tthe regulation of the design ventilation and drainage of such markets and slaughter-houses, and the material to be used in the construction thereof; (c)\tthe keeping of such markets and slaughter-houses and lands and buildings appertaining thereto in a clean and sanitary condition, the removal of filth and refuse therefrom, and the supply therein of pure water and of a sufficient number of latrines and urinals for the use of persons using or frequenting the same; (d)\tthe manner in which animals shall be stalled at a slaughter-house; (e)\tthe manner in which animals may be slaughtered; (f)\tthe disposal or destruction of animals offered for slaughter which are, from disease or any other cause, unfit for human consumption; and (g)\tthe destruction of carcases which from disease or any other cause are found after slaughter to be unfit for human consumption.",
"name": "Power to make bye-laws",
"related_acts": "",
"section_id": 212
},
{
"act_id": 133,
"details": "209.(1) A Board may provide suitable places for the exercise by washermen of their calling, and may require payment of such fees for the use thereof as it thinks fit. (2)\tWhere the Board has provided such places as aforesaid it may, by public notice, prohibit the washing of clothes by washermen at any other place in the cantonment: Provided that such prohibition shall not be deemed to apply to the washing by a washerman of his own clothes or of the clothes of any other person who is an occupier of the place at which they are washed. (3)\tWhoever contravenes any prohibition contained in a notice issued under sub-section (2) shall be punishable with fine which may extend to twenty Taka.",
"name": "Provision of washing places",
"related_acts": "",
"section_id": 213
},
{
"act_id": 133,
"details": "210.(1) No person of any of the following classes, namely:- (a)\tbutchers and vendors of poultry, game or fish; (b)\tpersons keeping pigs for profit, and dealers in the flesh of pigs which have been slaughtered in Bangladesh; (c)\tpersons keeping milch cattle or milch goats for profit; (d)\tpersons keeping for profit any animals other than pigs, milch cattle or milch goats; (e)\tdairymen, buttermen and makers and vendors of ghee; (f)\tmakers of bread, biscuits or cake, and vendors of bread, biscuits or cake made in Bangladesh; (g)\tvendors of fruit or vegetables; (h)\tmanufacturers of aerated or other potable waters or of ice-cream, and vendors of the same; (i)\tvendors of any medicines, drugs or articles of food or drink, for human consumption (other than the flesh of pigs, milk, butter, bread, biscuits, cake, fruit, vegetables, aerated or other potable waters or ice or ice-cream) which are of a perishable nature; (j)\tvendors of water to be used for drinking purposes; (k)\twashermen; (l)\tdealers in hay, straw, wood, charcoal or other inflammable material; (m)\tdealers in fire-works, kerosene oil, petroleum or any other inflammable oil or spirit; (n)\ttanners and dyers; (o)\tpersons carrying on any trade or occupation from which offensive or unwholesome smells arise; (p)\tvendors of wheat, rice and other grain or of flour; (q)\tmakers and vendors of sugar or sweetmeats; and (r)\tbarbers and keepers of shaving saloons; shall carry on his trade, calling or occupation in any part of a cantonment unless he has applied for and obtained a licence in this behalf from the Board. (2)\tA licence granted under sub-section (1) shall be valid until the end of the year in which it is issued and the grant of such licence shall not be withheld by the Board unless it has reason to believe that the business which it is intended to established or maintain would be offensive or dangerous to the public. (3) \tNotwithstanding anything contained in sub-section (1),- (a)\tno person who was, at the commencement of this Act, carrying on his trade, calling or occupation in any part of a cantonment shall be bound to apply for a licence for carrying on such trade or occupation in that part until he has received from the Board not less than three months' notice in writing of his obligation to do so, and if the Board refuses to grant him a licence, it shall pay compensation for any loss, incurred by reason of such refusal; (b)\tno person shall be required to take out a licence for the sale or storage of petroleum or for the sale or possession for sale of poisons or white arsenic in any case in which he is required to take out a licence for such sale, storage or possession for sale by or under the 77Petroleum Act, 1934, or the Poisons Act, 1919. (4)\tThe Board may charge for the grant of licences under this section such fees, not exceeding the cost of granting the licences, as it may fix with the previous sanction of the Government.",
"name": "Licences required for carrying on of certain occupations",
"related_acts": "166,114",
"section_id": 214
},
{
"act_id": 133,
"details": "211.\tA licence granted to any person under section 210 shall specify the part of the cantonment in which the licences may carry on his trade, calling or occupation, and may regulate the hours and manner of transport within the cantonment of any specified articles intended for human consumption, and may contain any other conditions which the Board thinks fit to impose in accordance with bye-laws made under this Act.",
"name": "Conditions which may be attached to licences",
"related_acts": "",
"section_id": 215
},
{
"act_id": 133,
"details": "212.\tIf a Board is satisfied that any place used under a licence granted under this Chapter is a nuisance or is likely to be dangerous to life, health or property, the Board may, by notice in writing, require the owner, lessee or occupier thereof to discontinue the use of such place or to effect such alterations, additions, or improvement as will, in the opinion of the Board, render it no longer a nuisance or dangerous.",
"name": "Power to vary licence",
"related_acts": "",
"section_id": 216
},
{
"act_id": 133,
"details": "213.\tWhoever carries on any trade, calling or occupation for which a licence is required without obtaining a licence therefor or while the licence therefor is suspended or after the same has been cancelled, and whoever, after receiving a notice under section 212, uses or allows to be used any building or place in contravention thereof, shall be punishable with fine which may extend to two hundred Taka and, in the case of a continuing offence, with an additional fine which may extend to forty Taka for every day after the first during which the offence is continued.",
"name": "Carrying on trade, etc., without licence or in contravention of section 212",
"related_acts": "",
"section_id": 217
},
{
"act_id": 133,
"details": "214.\tWhoever feeds or allows to be fed on filthy or deleterious substances any animal, which is kept for the purpose of supplying milk to, or which is intended to be used as food for, the inhabitants of a cantonment or allows it to graze in any place in which grazing has, for sanitary reasons, been prohibited by public notice by the Board shall be punishable with fine which may extend to fifty Taka.",
"name": "Feeding animals on dirt, etc.",
"related_acts": "",
"section_id": 218
},
{
"act_id": 133,
"details": "215.(1) The President or the Vice-President, the Executive Officer, the Health Officer, the Assistant Health Officer, or any other officer or servant of a Board authorised by it in writing in this behalf,- (a)\tmay at any time enter into any market, building, shop, stall or other place in the cantonment for the purpose of inspecting, and may inspect any animals, article or thing intended for human food or drink or for medicine, whether exposed or hawked about for sale or deposited in or brought to any place for the purpose of sale, or of preparation for sale, or any utensil or vessel for preparing, manufacturing or containing any such article, or thing, and may enter into and inspect any place used as a slaughter-house and may examine any animal or article therein; (b)\tmay seize any such animal, article or thing which appears to him to be diseased, or unwholesome or unfit for human food or drink or medicine, as the case may be, or to be adulterated or to be not what it is represented to be, or any such utensil or vessel which is of such a kind or in such a state as to render any article prepared, manufactured or contained therein unwholesome or unfit for human food or for medicine, as the case may be. (2)\tAny article seized under sub-section (1) which is of a perishable nature may, under the orders of the Health Officer or the Assistant Health Officer, forthwith be destroyed if, in his opinion, it is diseased, unwholesome or unfit for human food, drink or medicine, as the case may be. (3)\tEvery animal, article, utensil, vessel or other thing seized under sub-section (1) shall, if it is not destroyed under sub-section (2), be taken before a Magistrate who shall give orders as to its disposal. (4)\tThe owner or person in possession, at the time of seizure under sub-section (1), of any animal or carcase which is diseased or of any article or thing which is unwholesome or unfit for human food, drink or medicine as the case may be, or is adulterated or is not what it is represented to be, or of any utensil or vessel which is of such kind or in such state as is described in clause (b) of sub-section (1), shall be punishable with fine which may extend to one hundred Taka, and the animal, article, utensil, vessel or other thing shall be liable to be forfeited to the Board or to be destroyed or to be so disposed of as to prevent its being exposed for sale or used for the preparation of food, drink or medicine, as the case may be. Explanation I.- If any such article, having been exposed or stored in, or brought to, any place mentioned in sub-section (1) for sale as ghee, contains any substance not exclusively derived from milk, it shall be deemed, for the purposes of this section, to be an article which is not what it is represented to be. Explanation II.- Meat subjected to the process of blowing shall be deemed to be unfit for human food. Explanation III.- The article of food or drink shall not be deemed to be other than what it is represented to be merely by reason of the fact that there has been added to it some substance not injurious to health: Provided that- (a)\tsuch substance has been added to the article because the same is required for the preparation or production thereof as an article of commerce in a state fit for carriage or consumption and not fraudulently to increase the bulk, weight or measure of the food or drink or conceal the inferior quality thereof, or (b)\tin the process of production, preparation or conveyance of such article of food or drink, the extraneous substance has unavoidably become intermixed therewith, or (c)\tthe owner or person in possession of the article has given sufficient notice by means of a label distinctly and legibly written or printed thereon or therewith, or by other means of a public description, that such substance has been added, or (d)\tsuch owner or person has purchased the article with a written warranty that it was of a certain nature, substance and quality and had no reason to believe that it was not of such nature, substance and quality, and has exposed it or hawked it about or brought it for sale in the same state and by the same description as that in and by which he purchased it.",
"name": "Powers of entry and seizure.",
"related_acts": "",
"section_id": 219
},
{
"act_id": 133,
"details": "216.(1)\tNo person shall, without the permission in writing of the Board, bring into a cantonment any animal intended for human consumption, or the flesh of any animal slaughtered outside the cantonment otherwise than in a slaughter-house maintained by the Government or the board. (2)\tAny animal or flesh brought into a cantonment in contravention of sub-section (1) may be seized by the Executive Officer or by any servant of the Board and sold or otherwise disposed of as the President of the Board may direct, and, if it is sold, the sale-proceeds may be credited to the cantonment fund. (3)\tWhoever contravenes the provisions of sub-section (1) shall be punishable with fine which may extend to fifty Taka. (4)\tNothing in this section shall be deemed to apply to cured or preserved meat or to animals driven or meat carried through a cantonment or consumption outside thereof, or to meat brought into a cantonment by any person for his immediate domestic consumption: Provided that the Board may, by public notice, direct that the provisions of this section shall apply to cured or preserved meat of any specified description or brought from any specified place.",
"name": "Import of cattle and flesh",
"related_acts": "",
"section_id": 220
},
{
"act_id": 133,
"details": "217.(1) In every cantonment where a sufficient supply of pure water for domestic use does not already exist, the Board shall provide or arrange for the provision of such a supply. (2)\tThe Board shall, as far as possible, make adequate provision that such supply shall be continuous throughout the year, and the water shall be at all times pure and fit for human consumption.",
"name": "Maintenance of water-supply",
"related_acts": "",
"section_id": 221
},
{
"act_id": 133,
"details": "218.(1) The Board may, with the previous sanction of the Government, by public notice, declare any lake, stream, spring, well, tank, reservoir or other source, whether within or without the limits of the cantonment (other than a source of water-supply under the control of the Military Engineer Services or the Public Works Department) from which water is or may be made available for the use of the public in the cantonment to be a source of public water-supply. (2)\tEvery such source shall be under the control of the Board.",
"name": "Control over sources of public water-supply",
"related_acts": "",
"section_id": 222
},
{
"act_id": 133,
"details": "219.\tThe Board may, by notice in writing, require the owner or any person having the control of any source of public water-supply which is used for drinking purposes- (a)\tto keep the same in good order and to clear it from time to time of silt, refuse and decaying vegetation, or (b)\tto protect the same from contamination in such manner as the Board may direct, or (c)\tif the water therein is proved to the satisfaction of the Board to be unfit for drinking purposes, to take such measures as may be specified in the notice to prevent the public from having access to or using such water: Provided that, in the case of well, such person as aforesaid may, instead of complying with the notice, signify in writing his desire to be relieved of all responsibility for the proper maintenance of the well and his readiness to place it under the control and supervision of the Board for the use of the public, and, if he does so, he shall not be bound to carry out the requisition, and the Board shall undertake the control and supervision of the well.",
"name": "Power to require maintenance or closing of private source of public drinking water-supply",
"related_acts": "",
"section_id": 223
},
{
"act_id": 133,
"details": "220.(1) The Board may permit the owner, lessee or occupier of any building or land to connect the building or land with a source of public water-supply by means of commu-nication pipes of such size and description as it may prescribe for the purpose of obtaining water for domestic use. (2)\tThe occupier of every building so connected with the water-supply shall be entitled to have for domestic use, in return for the water tax, if any, such quantity of water as the Board may determine. (3)\tAll water supplied in excess of the quantity to which such supply is limited under sub-section (2) and, in a cantonment in which a water tax is not imposed, all water supplied under this section, shall be paid for at such rate as the Board may fix. (4)\tThe supply of water for domestic use shall not be deemed to include any supply- (a)\tfor animals or for washing vehicles where such animals or vehicles are kept for sale or hire; (b)\tfor any trade, manufacture or business; (c)\tfor fountains, swimming baths or any ornamental or mechanical purpose; (d)\tfor gardens or for purposes of irrigation; (e)\tfor making or watering roads or paths; or (f)\tfor building purposes.",
"name": "Supply of water",
"related_acts": "",
"section_id": 224
},
{
"act_id": 133,
"details": "221.\tIf it appears to the Board that any building or land in the cantonment is without a proper supply of pure water, the Board may, by notice in writing, require the owner, lessee or occupier of the building or land to obtain from a source of public water-supply such quantity of water as is, adequate to the requirements of the persons usually occupying or employed upon the building or land, and to provide communication pipes of the prescribed size and description, and to take all necessary steps for the above purposes.",
"name": "Power to require water-supply to be taken",
"related_acts": "",
"section_id": 225
},
{
"act_id": 133,
"details": "222.(1) The Board may, by agreement, supply, from any source of public water-supply, the owner, lessee or occupier of any building or land in the cantonment with any water for any purpose, other than a domestic purpose, on such terms and conditions, consistent with this Act and the rules and bye-laws made thereunder, as may be agreed upon between the Board and such owner, lessee or occupier. (2)\tThe Board may withdraw such supply or curtail the quantity thereof at any time if it should appear necessary to do so for the purpose of maintaining sufficient supply of water for domestic use by inhabitants of the cantonment.",
"name": "Supply of water under agreement",
"related_acts": "",
"section_id": 226
},
{
"act_id": 133,
"details": "223.\tNotwithstanding any obligation imposed on Boards under this Act, a Board shall not be liable to any forfeiture, penalty or damages for failure to supply water or for curtailing the quantity thereof if the failure or curtailment, as the case may be, arises from accident or from drought or other unavoidable cause unless, in the case of an agreement for the supply of water under section 222, the Board has made express provision for forfeiture, penalty or damages in the event of such failure or curtailment.",
"name": "Board not liable for failure of supply",
"related_acts": "",
"section_id": 227
},
{
"act_id": 133,
"details": "224.\t Notwithstanding anything hereinbefore contained or contained in any agreement under section 222, the supply of water by a Board to any building or land shall be, and shall be deemed to have been, granted subject to the following conditions, namely:- (a)\tthe owner, lessee or occupier of any building or land in or on which water supplied by the Board is wasted by reason of the pipes, drains or other works being out of repair shall, if he has knowledge thereof, give notice of the same to such officer as the Board may appoint in this behalf; (b)\tthe Executive Officer or any other officer or servant of the Board authorised by it in writing in this behalf may enter into or on any premises supplied with water by the Board, for the purpose of examining all pipes, taps, works and fittings connected with the supply of water and of ascertaining whether there is any waste or misuse of such water; (c)\tthe Board may, after giving notice in writing, cut off the connection between any source of public water-supply and any building or land to which water is supplied for any purpose therefrom, or turn off such supply if- (i)\tthe owner or occupier of the building or land neglects to pay the water tax or other charges connected with the water-supply within one month from the date on which such tax or charge falls due for payment; (ii)\tthe occupier refuses to admit the Executive Officer or other authorised officer or servant of the Board into the building or land for the purpose of making any examination or inquiry authorised by clause (b) or prevents the making of such examination or inquiry; (iii)\tthe occupier wilfully or negligently misuses or causes waste of water; (iv)\tthe occupier wilfully or negligently injures or damages his meter or nay pipe or tap conveying water from the water-works; (v)\tany pipes, taps, works or fittings connected with the supply of water to the building or land are found, on examination by the Executive Officer, to be out of repair to such an extent as to cause a waste of water; (d)\tthe expense of cutting off the connection or of turning off the water in any case referred to in clause (c) shall be paid by the owner or occupier of the building or land; (e)\tno action taken under or in pursuance of clause (c) shall relieve any person from any penalty or liability which he may otherwise have incurred.",
"name": "Conditions of universal application",
"related_acts": "",
"section_id": 228
},
{
"act_id": 133,
"details": "225.\tA Board may allow any person not residing within the limits of the cantonment to take or be supplied with water for any purpose from any source of public water-supply on such terms as it may prescribe, and may at any time withdraw or curtail such supply.",
"name": "Supply to persons outside cantonment",
"related_acts": "",
"section_id": 229
},
{
"act_id": 133,
"details": "226.\tWhoever- (a)\tuses for other than domestic purposes any water supplied by a Board for domestic use, or (b)\twhere water is supplied by agreement with a Board for a specified purpose, uses that water for any other purpose, shall be punishable with fine which may extend to fifty Taka, and the Board shall be entitled to recover from him the price of the water misused.",
"name": "Penalty",
"related_acts": "",
"section_id": 230
},
{
"act_id": 133,
"details": "227.\tA Board may carry any cable, wire, pipe, drain, sewer or channel of any kind,- (a)\tfor the purpose of carrying out, establishing or maintaining any system of water-supply, lighting, drainage, or sewerage, through, across, under or over any road or street, or any place laid out or intended as a road or street, or, after giving reasonable notice in writing to the owner or occupier, into, through, across, under or over any land or building, or up the side of any building, situated within the cantonment, or (b)\tfor the purpose of supplying water or of the introduction or distribution of outfall of water or for the removal or outfall of sewage, after giving reasonable notice in writing to the owner or occupier, into, through, across, under or over any land or building, or up the side of any building, situated outside the cantonment; and may at all times do all acts and things which may be necessary or expedient for repairing or maintaining any such cable, wire, pipe, drain, sewer or channel in an effective state for the purpose for which the same may be used or is intended to be used: Provided that no nuisance shall be caused in excess of what is reasonably necessary for the proper execution of the work: Provided, further, that compensation shall be payable to the owner or occupier for any damage sustained by him which is directly occasioned by the carrying out of any such operation.",
"name": "Power of Board to lay wires, connections, etc.",
"related_acts": "",
"section_id": 231
},
{
"act_id": 133,
"details": "228.\tIn the event of any cable, wire, pipe, drain, sewer or channel being laid or carried above the surface of any land or through, over or up the side of any building, such cable, wire, pipe, drain, sewer or channel shall be so laid or carried as to interfere as little as possible with the rights of the owner or occupier to the due enjoyment of such land or building, and compensation shall be payable by the Board in respect of any substantial interference with the right to any such enjoyment.",
"name": "Wires, etc., laid above surface of ground",
"related_acts": "",
"section_id": 232
},
{
"act_id": 133,
"details": "229.\tNo person shall, for any purpose whatsoever, without the permission of the Board, at any time make or cause to be made any connection or communication with any cable, wire, pipe, drain, sewer or channel constructed or maintained by, or vested in, a Board.",
"name": "Connection with main not to be made without permission",
"related_acts": "",
"section_id": 233
},
{
"act_id": 133,
"details": "230.\tA Board may prescribe the size of the ferrules to be used for the supply of gas, if any, and may establish meters or other appliances for the purpose of testing the quantity of any water, or the quantity or quality of any gas supplied to any premises by the Board.",
"name": "Power to prescribe ferrules and to establish meters, etc.",
"related_acts": "",
"section_id": 234
},
{
"act_id": 133,
"details": "231.\tThe ferrules, communication pipes, connections, meters, stand-pipes and all fittings thereon or connected therewith leading from water mains or from pipes, drains, sewers or channels into any house or land, to which water or gas is supplied by a Board, and the pipes, fittings, and works inside any such house or within the limits of any such land, shall in all cases be installed or executed subject to the inspection and to the satisfaction of the Board.",
"name": "Power of inspection",
"related_acts": "",
"section_id": 235
},
{
"act_id": 133,
"details": "232.\tA Board may fix the charges to be made for the establishment by them or through their agency of communications from, and connections with, mains, or pipes for the supply of water, or gas, or for meters or other appliances for testing the quantity or quality thereof supplied, and may levy such charges accordingly.",
"name": "Power to fix rates and charges",
"related_acts": "",
"section_id": 236
},
{
"act_id": 133,
"details": "233.(1) Where in any cantonment there is a water-supply under the control of the Military Engineer Services or the Public Works Department, the Officer of the Military Engineer Services or of the Public Works Department, as the case may be, in charge of such water-supply (hereinafter in this Chapter referred to as the Officer) may publish in the cantonment in such manner as he thinks fit a notice declaring that any lake, stream, spring, well, tank, reservoir or other source, whether within or without the limits of the cantonment (other than a source of public water-supply) under the control of the Board is a source of public water-supply and may, for the purpose of keeping any such source in good order or of protecting it from contamination or from use, require the Board to exercise any power conferred upon it by section 219. (2)\tIn the case of any water-supply such as is referred to in sub-section (1), the following provisions of this Chapter, namely, the provisions of sections 220, 222, 223, 224, 226, 227, 228,229, 230, 231 and 232 shall, as far as may be, be applicable in respect of the supply of water to the cantonment, and for the purpose of such application references to the Board shall be construed as references to the Officer, and references to the Executive Officer or other officer or servant of the Board shall be construed as references to such person as may be authorised in this behalf by the Officer. (3)\tThe provisions of section 222 shall be applicable in respect of the supply of water by agreement to the Board by the Officer for use for any purpose other than a domestic purpose in like manner as they are applicable to such supply to the owner, lessee or occupier of any building or land in the cantonment.",
"name": "Government water-supply",
"related_acts": "",
"section_id": 237
},
{
"act_id": 133,
"details": "234.\tIn any case in which the provisions of section 233 apply and in which the Board is not receiving a bulk supply of water under section 234A, the water-tax, if any, imposed in the cantonment and all other charges arising out of the supply of water which may be imposed under the provisions of this Chapter as applied by section 233 shall be recovered by the Board, and all monies so recovered, or such proportion thereof as the Government may in each case determine, shall be paid by the Board to the Officer.",
"name": "Recovery of charges",
"related_acts": "",
"section_id": 238
},
{
"act_id": 133,
"details": "234B. Where under the provisions of sub-section (1) of section 234A a bulk supply of water is received by the Board, the Board shall be solely responsible for the supply of water to all persons in the cantonment other than entitled consumers; and the provisions of this Act shall apply as if such bulk supply were a source of public water-supply under the control of the Board and as if the communications from and connections with such bulk supply for the purpose of supplying water to such persons were a system of water-supply established and maintained by the Board.",
"name": "Functions of the Board in relation to distribution of bulk supply",
"related_acts": "",
"section_id": 239
},
{
"act_id": 133,
"details": "78234A. (1) Where in any cantonment there is a water-supply such as is referred to in sub-section (1) of section 233, the Board may and so long as the Board is unable to provide a water-supply of its own, it shall receive from the Military Engineer Services or the Public Works Department, as the case may be, at such point or points as may be agreed upon between the Board and the Officer, a supply of water adequate to the requirements for domestic use of all persons in the cantonment other than entitled consumers. (2)\tAny supply of water received under sub-section (1) shall be a bulk supply, and the Board shall make such payments to the Officer for all water so received as may be agreed upon between the Board and the Officer, or, in default of such agreement, as may be determined by the Government to be reasonable having regard to the actual cost of supplying the water in the cantonment and the rate charged for water in any adjacent municipality: Provided that, notwithstanding anything contained in this Act, the Board shall not charge for the supply to persons in the cantonment of water received by the Board under this section a rate calculated to produce more than the sum of the payments made to the Officer for water received and the actual cost of the supply thereof by the Board to consumers. (3)\tIf any dispute arises between the Board and the Officer regarding the amount of water adequate to the requirements of persons in the cantonment other than entitled consumers, the dispute shall be referred to the Government whose decision shall be final.",
"name": "Supply of water from Government water-supply to the Board",
"related_acts": "",
"section_id": 240
},
{
"act_id": 133,
"details": "235. The Officer Commanding the station may, on receiving information that any building in the cantonment is used as a brothel or for purposes of prostitution, by order in writing setting forth the substance of the information received, summon the owner, lessee, tenant or occupier of the building to appear before him either in person or by an authorised agent, and, if the Officer Commanding the station is then satisfied as to the truth of the information, he may, by order in writing, direct the owner, lessee, tenant or occupier, as the case may be, to discontinue such use of the building within such period as may be specified in the order.",
"name": "Power to remove brothels and prostitutes",
"related_acts": "",
"section_id": 241
},
{
"act_id": 133,
"details": "236.(1) Whoever in a cantonment loiters for the purpose of prostitution or importunes any person to the commission of sexual immorality, shall be punishable with imprisonment which may to one month, or with fine which may extend to two hundred Taka. (2)\tNo prosecution for an offence under this section shall be instituted except on the complaint of the person importuned, or of a military officer in whose presence the offence was committed, or of a member of the Military or Air Force Police, being employed in the cantonment and authorised in this behalf by the Officer Commanding the station, in whose presence the offence was committed, or of a police officer not below the rank of a sub-inspector or a sergeant who is employed in the cantonment and authorised in this behalf by the Officer Commanding the station with the concurrence of the District Magistrate.",
"name": "Penalty for loitering and importuning for purposes of prostitution",
"related_acts": "",
"section_id": 242
},
{
"act_id": 133,
"details": "237.\tIf the Officer Commanding the station is, after such inquiry as he thinks necessary, satisfied that any person residing in or frequenting the cantonment is a prostitute or has been convicted of an offence under section 236, or of the abetment of such an offence, he may cause to be served on such person an order in writing requiring such person to remove from the cantonment within such time as may be specified in the order, and prohibiting such person from re-entering it without the permission in writing of the Officer Commanding the station.",
"name": "Removal of lewd persons from cantonment",
"related_acts": "",
"section_id": 243
},
{
"act_id": 133,
"details": "238.(1) A Magistrate of the first class, having jurisdiction in a cantonment, on receiving information that any person residing in or frequenting the cantonment- (a)\tis a disorderly person who has been convicted more than once of gaming or who keeps or frequents a common gaming house, a disorderly drinking shop or a disorderly house of any other description, or (b)\thas been convicted more than once, either within the cantonment or elsewhere, of an offence punishable under Chapter XVII of the Penal Code or 79* * * (d)\thas been ordered under Chapter VIII of the Code of Criminal Procedure, 1898, either within the cantonment or elsewhere, to execute a bond for his good behaviour, may record in writing the substance of the information received, and may issue a summons to such person requiring such person to appear and show cause why he should not be required to remove from the cantonment and be prohibited from re-entering it. (2)\tEvery summons issued under sub-section (1) shall be accompanied by a copy of the record aforesaid, and the copy shall be served along with the summons on the person against whom the summons is issued. (3)\tThe Magistrate shall, when the person so summoned appears before him, proceed to inquire into the truth of the information received and take such further evidence as he thinks fit, and if, upon such inquiry, it appears to him that such person is a person of any kind described in sub-section (1) and that it is necessary for the maintenance of good order in the cantonment that such person should be required to remove therefrom and be prohibited from re-entering the cantonment, the Magistrate shall report the matter to the Officer Commanding the station, and, if the Officer Commanding the station so directs, shall cause to be served on such person an order in writing requiring him to remove from the cantonment within such time as may be specified in the order and prohibiting him from re-entering it without the permission in writing of the Officer Commanding the station.",
"name": "Removal and exclusion from cantonment of disorderly persons",
"related_acts": "75",
"section_id": 244
},
{
"act_id": 133,
"details": "239.(1) If any person in a cantonment causes or attempts to cause or does any act which he knows is likely to cause disloyalty, disaffection or breaches of discipline amongst any portion of the armed forces of Bangladesh or is a person who, the Officer Commanding the station has reason to believe, is likely to do any such act, the Officer Commanding the station may make an order in writing setting forth the reasons for the making of the same and requiring such person to remove from the cantonment within such time as may be specified in the order and prohibiting him from re-entering it without the permission in writing of the Officer Commanding the station: Provided that no order shall be made under this section against any person unless he has had a reasonable opportunity of being informed of the grounds on which it is proposed to make the order and of showing cause why the order should not be made. (2)\tEvery order made under sub-section (1) shall be sent to the Superintendent of Police of the district, who shall cause a copy thereof to be served on the person concerned. (3)\tUpon the making of any order under sub-section (1), the Officer Commanding the station shall forthwith send a copy of the same to the Government. (4)\tThe Government may, of its own motion, and shall, on application, made to it in this behalf within one month of the date of the order by the person against whom the order has been made, call upon the District Magistrate to make, after such inquiry as the Government may prescribe, a report regarding the justice of the order and the necessity therefor. At every such inquiry the person against whom the order has been made shall be given an opportunity of being heard in his own defence. (5)\tThe Government may, at any time after the receipt of a copy of an order sent under sub-section (3), or where a report has been called for under sub-section (4), on receipt of that report, if it is of opinion that the order should be varied or rescinded, make such order thereon as it thinks fit. (6)\tAny person who has been excluded from a cantonment by an order made under this section may, at any time after the expiry of one month from the date thereof, apply to the Officer Commanding-in-Chief, the Command, for the rescission of the same and, on such application being made, the said Officer may, after making such inquiry, if any, as he thinks necessary, either reject the application or rescind the order.",
"name": "Removal and exclusion from cantonment of seditious persons",
"related_acts": "",
"section_id": 245
},
{
"act_id": 133,
"details": "240.\tWhoever- (a)\tfails to comply with an order issued under this Chapter within the period specified therein, or, whilst an order prohibiting him from re-entering a cantonment without permission is in force, re-enters the cantonment without such permission, or (b)\tknowing that any person has, under this Chapter, been required to remove from the cantonment and has not obtained the requisite permission to re-enter it, harbours or conceals such person in the cantonment, shall be punishable with fine which may extend to two hundred Taka, and, in the case of a continuing offence, with an additional fine which may extend to twenty Taka for every day after the first during which he has persisted in the offence.",
"name": "Penalty",
"related_acts": "",
"section_id": 246
},
{
"act_id": 133,
"details": "241.\tIt shall be lawful for the President or the Vice-President of a Board, or the Executive Officer, or the Health Officer or Assistant Health Officer, or any person specially authorised by the Health Officer or the Assistant Health Officer, or for any other person authorised by general or specialorder of a Board in this behalf, to enter into or upon any building or land with or without assistants or workmen in order to make any inquiry, inspection, measurement, valuation or survey, or to execute any work, which is authorised by or under this Act or which it is necessary to make or execute for any of the purposes or in pursuance of any of the provisions of this Act or of any rule, bye-law or order made thereunder: Provided that nothing in this section shall be deemed to confer upon any person any power such as is referred to in section 207 or section 215 or to authorise the conferment upon any person of any such power.",
"name": "Powers of entry",
"related_acts": "",
"section_id": 247
},
{
"act_id": 133,
"details": "242.\tWith the previous sanction of the President, any member of a Board may inspect any work or institution constructed or maintained, in whole or part, at the expense of the Board, and any register, book, accounts or other document belonging to, or in the possession of, the Board.",
"name": "Powers of inspection by member of a Board",
"related_acts": "",
"section_id": 248
},
{
"act_id": 133,
"details": "243.(1) A Board may, by general or special order, authorise any person- (a)\tto inspect any drain, privy, latrine, urinal, cesspool, pipe, sewer or channel in or on any building or land in the cantonment, and, in his discretion, to cause the ground to be opened for the purpose of preventing or removing any nuisance arising from the drain, privy, latrine, urinal, cesspool, pipe, sewer or channel, as the case may be; (b)\tto examine works under construction in the cantonment, to take levels or to remove, test, examine, replace or read any meter. (2)\tIf, on such inspection, the opening of the ground is found to be necessary for the prevention or removal of a nuisance, the expenses thereby incurred shall be paid by the owner or occupier of the land or building, but if it is found that no nuisance exists or but for such opening would have arisen the ground or portion of any building, drain, or other work opened, injured or removed for the purpose of such inspection shall be filled in, reinstated, or made good, as the case may be, by the Board.",
"name": "Power of inspection, etc.",
"related_acts": "",
"section_id": 249
},
{
"act_id": 133,
"details": "244.(1) The Executive Officer of a cantonment may, with or without assistants or workmen, enter on any land within fifty yards of any work authorised by or under this Act for the purpose of depositing thereon any soil, gravel, stone or other materials, or of obtaining access to such work, or for any other purpose connected with the carrying on of the same. (2)\tThe Executive Officer shall, before entering on any land under sub-section (1), give the occupier, or, if there is no occupier, the owner not less than three days' previous notice in writing of his intention to make such entry, and shall state the purpose thereof, and shall, if so required by the occupier or owner, fence off so much of the land as may be required for such purpose. (3)\tThe Executive Officer shall, in exercising any power conferred by this section, do as little damage as may be, and compensation shall be payable by the Board to the owner or occupier of such land, or to both, for any such damage whether permanent or temporary.",
"name": "Power to enter land adjoining land where work is in progress",
"related_acts": "",
"section_id": 250
},
{
"act_id": 133,
"details": "245.\tIt shall be lawful for any person, authorised by or under this Act to make any entry into any place, to open or cause to be opened any door, gate or other barrier- (a)\tif he considers the opening thereof necessary for the purpose of such entry; and (b)\tif the owner or occupier is absent, or being present refuses to open such door, gate or barrier.",
"name": "Breaking into premises",
"related_acts": "",
"section_id": 251
},
{
"act_id": 133,
"details": "246.\tSave as otherwise expressly provided in this Act, no entry authorised by or under this Act shall be made except between the hours of sunrise and sunset.",
"name": "Entry to be made in the day time",
"related_acts": "",
"section_id": 252
},
{
"act_id": 133,
"details": "247.\tSave as otherwise expressly provided in this Act, no building or land shall be entered without the consent of the occupier, or if there is no occupier, of the owner thereof, and no such entry shall be made without giving the said occupier or owner, as the case may be, not less than four hours' written notice of the intention to make such entry: Provided that no such notice shall be necessary if the place to be inspected is a stable for horses or a shed for cattle, or a latrine, privy or urinal, or a work under construction.",
"name": "Owner's consent ordinarily to be obtained",
"related_acts": "",
"section_id": 253
},
{
"act_id": 133,
"details": "248.\tWhen any place used as a human dwelling is entered under this Act, due regard shall be paid to the social and religious customs and usages of the occupants of the place entered, and no apartment in the actual occupancy of a female shall be entered or broken open until she has been informed that she is at liberty to withdraw and every reasonable facility has been afforded to her for withdrawing.",
"name": "Regard to be had to social and religious usages",
"related_acts": "",
"section_id": 254
},
{
"act_id": 133,
"details": "249.\tWhoever obstructs or molests any person employed by a Board, who is not a public servant within the meaning of section 21 of the Penal Code or any person with whom the Board has lawfully contracted, in the execution of his duty or of anything which he is empowered or required to do by virtue or in consequence of any of the provisions of this Act or of any rule, bye-law or order made thereunder, or in fulfilment of his contract, as the case may be, shall be punishable with fine which may extend to one hundred Taka.",
"name": "Penalty for obstruction",
"related_acts": "",
"section_id": 255
},
{
"act_id": 133,
"details": "250.\tAny member of the police force employed in a cantonment may, without a warrant, arrest any person committing in his view a breach of any of the provisions of this Act which are specified in Schedule IV: Provided that- (a)\tin the case of the breach of any such provision as is specified in Part B of Schedule IV, no person shall be so arrested who consents to give his name and address, unless there is reasonable ground for doubting the accuracy of the name or address so given, the burden of proof of which shall lie on the arresting officer, and no person so arrested shall be detained after his name and address have been ascertained; and (b)\tno person shall be so arrested for an offence under section 236 except- (i)\tat the request of the person importuned or of a military officer in whose presence the offence was committed; or (ii)\tby or at the request of a member of the Military or Air Force Police, who is employed in the cantonment and authorised in this behalf by the Officer Commanding the station, and in whose presence the offence was committed or by or at the request of any police officer not below the rank of a sub-inspector who is employed in the cantonment and authorised in this behalf by the Officer Commanding the station.",
"name": "Arrest without warrant",
"related_acts": "",
"section_id": 256
},
{
"act_id": 133,
"details": "251.\tIt shall be the duty of all police officers to give immediate information to the Board of the commission of any offence against the provisions of this Act or of any rule or bye-law made thereunder, and to assist all cantonment officers and servants in the exercise of their lawful authority.",
"name": "Duties of police officers",
"related_acts": "",
"section_id": 257
},
{
"act_id": 133,
"details": "252.\tWhere any notice, order or requisition made under this Act or any rule or bye-law made thereunder requires anything to be done for the doing of which no time is fixed in this Act or in the rule of bye-law, the notice, order or requisition shall specify a reasonable time for doing the same.",
"name": "Notices to fix reasonable time",
"related_acts": "",
"section_id": 258
},
{
"act_id": 133,
"details": "253.\tEvery notice, order or requisition issued by a Board under this Act or any rule or bye-law made thereunder shall be signed- (a)\teither by the President of the Board or by he Executive Officer, or, (b)\tby the members of any committee especially authorised by the Board in this behalf.",
"name": "Authentication and validity of notices issued by Board.",
"related_acts": "",
"section_id": 259
},
{
"act_id": 133,
"details": "254.(1) Every notice, order or requisition issued under this Act or any rule or bye-law made thereunder shall, save as otherwise expressly provided, be served or presented- (a)\tby giving or tendering the notice, order or requisition, or sending it by post, to the person for whom it is intended; or (b)\tif such person cannot be found, by affixing the notice, order or requisition on some conspicuous part of his last known place of abode or business, if withing the cantonment, or by giving or tendering the notice, order or requisition to some adult male member or servant of his family, or by causing it to be affixed on some conspicuous part of the building or land, if any, to which it relates. (2)\tWhen any such notice, order or requisition is required or permitted to be served upon an owner, lessee or occupier or any building or land, it shall not be necessary to name the owner, lessee or occupier therein, and the service thereof shall, save as otherwise expressly provided, be effected either- (a)\tby giving or tendering the notice, order or requisition, or sending it by post, to the owner, lessee or occupier, or, if there are more owners, lessees or occupiers than one to any one of them; or (b)\tif no such owner, lessee or occupier can be found, by giving or tendering the notice, order or requisition to the authorised agent, if any, of any such owner, lessee or occupier, or to an adult male member or servant of the family of any such owner, lessee or occupier, or by causing it to be affixed on some conspicuous part of the building or land to which it relates. (3)\tWhen the person on whom a notice, order or requisition is to be served is a minor, service upon his guardian or upon an adult male member or servant of his family shall be deemed to be service upon the minor.",
"name": "Service of notice, etc.",
"related_acts": "",
"section_id": 260
},
{
"act_id": 133,
"details": "255.\tEvery notice which, by or under this Act, is to be given or served as a public notice or as a notice which is not required to be given to any individual therein specified shall, save as otherwise expressly provided, be deemed to have been sufficiently given or served if a copy thereof is affixed in such conspicuous part of the office of the Board or in such other public place, during such period, or is published in such local newspaper or in such other manner, as the Board may direct.",
"name": "Method of giving notice",
"related_acts": "",
"section_id": 261
},
{
"act_id": 133,
"details": "256.\tIn the event of non-compliance with the terms of any notice, order or requisition issued to any person under this Act, or any rule or bye-law made thereunder, requiring such person to execute any work or to do any act, it shall be lawful for the Board, whether or not the person in default is liable to punishment for such default or has been prosecuted or sentenced to any punishment therefor, after giving notice in writing to such person, to take such action or such steps as may be necessary for the completion of the act or work required to be done or executed by him, and all the expenses incurred on such account shall be recoverable by the Board.",
"name": "Powers of Board in case of noncompliance with notice, etc.",
"related_acts": "",
"section_id": 262
},
{
"act_id": 133,
"details": "257.(1) If any such notice as is referred to in section 256 has been given to any person in respect of property of which he is the owner, the Board may require any occupier of such property or of any part thereof to pay to it, instead of to the owner, any rent payable by him in respect of such property, as it falls due, up to the amount recoverable from the owner under section 256: Provided that, if the occupier, on application made to him by the Board, refuses truly to disclose the amount of his rent or the name or address of the person to whom it is payable, the Board, may recover from the occupier the whole amount recoverable under section 256. (2)\tAny amount recovered from an occupier instead of from an owner under sub-section (1) shall, in the absence of any contract between the owner and the occupier to the contrary, be deemed to have been paid to the owner.",
"name": "Liability of occupier to pay in default of owner",
"related_acts": "",
"section_id": 263
},
{
"act_id": 133,
"details": "258.(1) Where any person, by reason of his receiving the rent of immoveable property as an agent or trustee, or of his being as an agent or trustee the person who would receive the rent if the property were let to a tenant, would under this Act be bound to discharge any obligation imposed on the owner of the property for the discharge of which money is required, he shall not be bound to discharge the obligation unless he has, or but for his own improper act or default might have had, funds in his hands belonging to the owner sufficient for the purpose. (2)\tThe burden of proving any fact entitling an agent or trustee to relief under sub-section (1) shall lie upon him. (3)\tWhere any agent or trustee has claimed and established his right to relief under this section, the Board may, by notice in writing, require him, to apply to the discharge of such obligation as aforesaid the first monies which may come to his hands on behalf, or for the use, of the owner, and, on failure to comply with the notice, he shall be deemed to be personally liable to discharge the obligation.",
"name": "Relief to agents and trustees",
"related_acts": "",
"section_id": 264
},
{
"act_id": 133,
"details": "259.(1) Notwithstanding anything elsewhere contained in this Act, arrears of any tax and any other money recoverable by a Board under this Act may be recovered together with the cost of recovery either by suit or, on application to a Magistrate having jurisdiction in the cantonment or in any place where the person from whom such tax or money is recoverable may for the time being be residing, by the distress and sale of any moveable property of, or standing timber, growing crops or grass belonging to, such person which is within the limits of such Magistrate's jurisdiction, and shall, if payable by the owner any property as such, be a charge on the property until paid: Provided that the tools of artisans shall be exempt from such distress or sale. (2)\tAn application to a Magistrate under sub-section (1) shall be in writing and shall be signed by the President or Vice-President of the Board or by the Executive Officer, but shall not require to be personally presented.",
"name": "Method of recovery",
"related_acts": "",
"section_id": 265
},
{
"act_id": 133,
"details": "260.\tIn the event of any disagreement as to the liability of a Board to pay any compensation under this Act, or as to the amount of any compensation so payable, the person claiming such compensation may apply to the Board for the reference of the matter to a Committee of Arbitration, and the Board shall forthwith proceed to convene a Committee of Arbitration to determine the matter in dispute.",
"name": "Application for a Committee of Arbitration",
"related_acts": "",
"section_id": 266
},
{
"act_id": 133,
"details": "261.\tWhen a Committee of Arbitration is to be convened, the Board shall cause a public notice to be published stating the matter to be determined, and shall forthwith send copies of the order to the District Magistrate, and to the other party concerned, and shall, as soon as may be, nominate such members of the Committee, as it is entitled to nominate under section 262, and, by notice in writing, call upon the other persons who are entitled to nominate a member or members of the Committee to nominate such member or members in accordance with the provisions of that section.",
"name": "Procedure for convening Committee of Arbitration",
"related_acts": "",
"section_id": 267
},
{
"act_id": 133,
"details": "262.(1) Every Committee of Arbitration shall consist of five members, namely:- (a)\ta Chairman who shall be a person not in the service of the 80Republic or the Board, and who shall be nominated by the Officer Commanding the station; (b)\ttwo persons nominated by the Board; and (c)\ttwo persons nominated by the other party concerned. (2)\tIf the Board or the other party concerned or the Officer Commanding the station fails within seven days of the date of issue of the notice referred to in section 261 to make any nomination which it or he is entitled to make or, if any member who has been so nominated neglects or refuses to act and the Board or other person by whom such member was nominated fails to nominate another member in his place within seven days from the date on which it or he may be called upon to do so by the District Magistrate, the District Magistrate shall forthwith appoint a member or members, as the case may be, to fill the vacancy or vacancies.",
"name": "Constitution of Committee of Arbitration",
"related_acts": "",
"section_id": 268
},
{
"act_id": 133,
"details": "263.(1) No person who has a direct interest in the matter under reference, or whose services are not immediately available for the purposes of the Committee, shall be nominated a member of a Committee of Arbitration. (2)\tIf, in the opinion of the District Magistrate, any person who has been nominated has a direct interest in the matter under reference, or is othewise disqualified for nomination, or if the services of any such person are not immediately available as aforesaid, and if the Board or other person by whom any such person was nominated fails to nominate another member within seven days from the date on which it or he may be called upon to do so by the District Magistrate, such failure shall be deemed to constitute a failure to make a nomination within the meaning of section 262.",
"name": "No person to be nominated who has direct interest or whose services are not immediately available",
"related_acts": "",
"section_id": 269
},
{
"act_id": 133,
"details": "264.(1) When a Committee of Arbitration has been duly constituted, the Board shall, by notice in writing, inform each of the members of the fact, and the Committee shall meet as soon as may be thereafter. (2)\tThe Chairman of the Committee shall fix the time and place of meetings, and shall have power to adjourn any meeting from time to time as may be necessary. (3)\tThe Committee shall receive and record evidence, and shall have power to administer oaths to witnesses, and, on requisition in writing signed by the Chairman of the Committee, the District Magistrate shall issue the necessary processes for the attendance of witnesses and the production of documents required by the Committee, and may enforce the said processes as if they were processes for attendance or production before himself.",
"name": "Meetings and powers of Committees of Arbitration",
"related_acts": "",
"section_id": 270
},
{
"act_id": 133,
"details": "265.(1) The decision of every Committee of Arbitration shall be in accordance with the majority of votes taken at a meeting at which the Chairman and at least three of the other members are present. (2)\tIf there is not a majority of votes in favour of any proposed decision, the opinion of the Chairman shall prevail. (3)\tThe decision of a Committee of Arbitration shall be final and shall not be questioned in any Court.",
"name": "Decisions of Committees of Arbitration",
"related_acts": "",
"section_id": 271
},
{
"act_id": 133,
"details": "266.(1) Save as otherwise expressly provided in this Act, no Court shall proceed to the trial of any offence made punishable by or under this Act, other than an offence specified in Schedule IV, except on the compliant of, or upon information received from, the Board concerned or a person authorised by the Board by a general or special order in this behalf. (2)\tNo offence made punishable under this Act shall be tried by any Magistrate or by any Bench, if such Magistrate or any of the Magistrates composing the Bench is a member of the Board.",
"name": "Prosecution",
"related_acts": "",
"section_id": 272
},
{
"act_id": 133,
"details": "267.(1) A Board, or any person authorised by it, by general or special order in this behalf, may, either before or after the institution of the proceedings, compound any offence made punishable by or under this Act other than an offence under Chapter XIV: Provided that no offence shall be compoundable which is committed by failure to comply with a notice, order or requisition issued by or on behalf of the Board, unless and until the same has been complied with in so far as compliance is possible. (2)\tWhere an offence has been compounded, the offender, if in custody, shall be discharged and no further proceedings, shall be taken against him in respect of the offence so compounded.",
"name": "Composition of offence",
"related_acts": "",
"section_id": 273
},
{
"act_id": 133,
"details": "268.\tWhoever, in any case in which a penalty is not expressly provided by this Act, fails to comply with any notice, order or requisition issued under any provision thereof, or otherwise contravenes any of the provisions of this Act, shall be punishable with fine which may extend to two hundred Taka, and, in the case of a continuing failure or contravention, with an additional fine which may extend to twenty Taka for every day after the first during which he has persisted in the failure or contravention.",
"name": "General penalty",
"related_acts": "",
"section_id": 274
},
{
"act_id": 133,
"details": "269.\tWhere any person to whom a licence has been granted under this Act or any agent or servant of such person commits a breach of any of the conditions thereof, or of any bye-law made under this Act for the purpose of regulating the manner or circumstances in, or the conditions subject to, which anything permitted by such licence is to be or may be done, the Board may, without prejudice to any other penalty which may have been incurred under this Act, by order in writing, cancel the licence or suspend it for such period as it thinks fit: Provided that no such order shall be made until an opportunity has been given to the holder of the licence to show cause why it should not be made.",
"name": "Cancellation and suspension of licences",
"related_acts": "",
"section_id": 275
},
{
"act_id": 133,
"details": "270.\tWhere any person has incurred a penalty by reason of having caused any damage to the property of a Board, he shall be liable to make good such damage, and the amount payable in respect of the damage shall, in case of dispute, be determined by the Magistrate by whom the person incurring such penalty is convicted, and, on non-payment of such amount on demand, the same shall be recovered by distress and sale of the moveable property of such person, and the Magistrate shall issue a warrant for its recovery accordingly.",
"name": "Recovery of amount payable in respect of damage to cantonment property",
"related_acts": "",
"section_id": 276
},
{
"act_id": 133,
"details": "271.\tNo Court shall try any person for an offence made punishable by or under this Act, after the expiry of six months from the date of the commission of the offence, unless complaint in respect of the offence has been made to a Magistrate within the six months aforesaid.",
"name": "Limitation for prosecution",
"related_acts": "",
"section_id": 277
},
{
"act_id": 133,
"details": "272.\tNo suit or prosecution shall be entertained in any Court against any Board or against any Officer Commanding a station, or against any member of a Board, or against any officer or servant of a Board, for anything in good faith done, or intended to be done, under this Act or any rule or bye-law made thereunder.",
"name": "Protection of Board, Executive Officer, etc.",
"related_acts": "",
"section_id": 278
},
{
"act_id": 133,
"details": "273.(1) No suit shall be instituted against any Board or against any member of a Board, or against any officer or servant of a Board, in respect of any act done, or purporting to have been done, in pursuance of this Act or of any rule or bye-law made thereunder, until the expiration of two months after notice in writing has been left at the office of the Board, and, in the case of such member officer or servant unless notice in writing has also been delivered to him or left at his office or place of abode, and unless such notice states explicitly the cause of action, the nature of the relief sought, the amount of compensation claimed, and the name and place of abode of the intending plaintiff, and unless the plaint contains a statement that such notice has been so delivered or left. (2)\tIf the Board, member, officer or servant has, before the suit is instituted, tendered sufficient amends to the plaintiff, the plaintiff shall not recover any sum in excess of the amount so tendered, and shall also pay all costs incurred by the defendant after such tender. (3)\tNo suit, such as is described in sub-section (1), shall, unless it is an action for the recovery of immovable property or for a declaration of title thereof, be instituted after the expiry of six months from the date on which the cause of action arises. (4)\tNothing in sub-section (1) shall be deemed to apply to a suit in which the only relief claimed is an injunction of which the object would be defeated by the giving of the notice or the postponement of the institution of the suit or proceeding.",
"name": "Notice to be given of suits",
"related_acts": "",
"section_id": 279
},
{
"act_id": 133,
"details": "274.(1) Any person aggrieved by any order described in the second column of Schedule V may appeal to the authority specified in that behalf in the third column thereof. (2)\tNo such appeal shall be admitted if it is made after the expiry of the period specified in that behalf in the fourth column of the said Schedule. (3)\tThe period specified as aforesaid shall be computed in accordance with the provisions of the Limitation Act, 1908, with respect to the computation of periods of limitation thereunder.",
"name": "Appeals from executive orders",
"related_acts": "88",
"section_id": 280
},
{
"act_id": 133,
"details": "275.(1) Every appeal under section 274 shall be made by petition writing accompanied by a copy of the order appealed against. (2)\tAny such petition may be presented to the authority which made the order against which the appeal is made, and that authority shall be bound to forward it to the appellate authority, and may attach thereto any report which it may desire to make by way of explanation.",
"name": "Petition of appeal",
"related_acts": "",
"section_id": 281
},
{
"act_id": 133,
"details": "276.\tOn the admission of an appeal from an order, other than an order contained in a notice issued under clause (a) of section 137, section 140, section 176, or section 238, all proceedings to enforce the order and all prosecutions for any contravention thereof shall be held in abeyance pending the decision of the appeal, and, if the order is set aside on appeal, disobedience thereto, shall not be deemed to be an offence.",
"name": "Suspension of action pending appeal",
"related_acts": "",
"section_id": 282
},
{
"act_id": 133,
"details": "277.(1) Where an appeal from an order made by the Board has been disposed of by the District Magistrate either party to the proceedings may, within thirty days from the date thereof, apply, through the Officer Commanding-in-Chief, the Command, to the Government, or to such authority as the Government may appoint in this behalf, for a revision of the decision. (2)\tThe provisions of this Chapter with respect to appeals shall apply, as far as may be, to applications for revision made under this section.",
"name": "Revision",
"related_acts": "",
"section_id": 283
},
{
"act_id": 133,
"details": "278.\tSave as otherwise provided in section 277, every order of an appellate authority shall be final.",
"name": "Finality of appellate orders",
"related_acts": "",
"section_id": 284
},
{
"act_id": 133,
"details": "279.\tNo appeal shall be decided under this Chapter unless the appellant has been heard, or has had a reasonable opportunity of being heard in person or through a legal practitioner.",
"name": "Right of appellant to be heard",
"related_acts": "",
"section_id": 285
},
{
"act_id": 133,
"details": "280.(1) The Government may, after previous publication, make rules to carry out the purposes and objects of this Act. (2)\tIn particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:- (a)\tthe manner in which, and the authority to which, application for permission to occupy land belonging to the Government in a cantonment is to be made; (b)\tthe authority by which permission may be granted and the conditions to be annexed to the grant of any such permission; 81(bb)\tthe allotment to a Board of a share of the rents and profits accruing from property entrusted to its management under the provisions of section 116A; (c)\tthe appointment, control, supervision, conditions of service, transfer, suspension, removal, dismissal and punishment of servants of Boards; (d)\tthe circumstances in which security shall be demanded from servants of Boards and the amount and nature of such security; (e)\tthe grant of leave, absence or acting allowance to servants of Boards; (f)\tthe creation and management of Provident Funds, and the circumstances in which, and the conditions subject to which, contributions thereto shall be made from cantonment funds and by servants of Boards; (g)\tthe keeping of accounts by Boards and the manner in which such accounts shall be audited and published; (h)\tthe definition of the persons by whom, and the manner in which, money may be paid out of a cantonment fund; (i)\tthe preparation of estimates of income and expenditure by Boards and the definition of the persons by whom, and the conditions subject to which, such estimates may be sanctioned; (j)\tthe regulation of the procedure of Committees of Arbitration; and (k)\tthe prescribing of registers, statements and forms to be used and maintained by any authority for the purposes of this Act.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 286
},
{
"act_id": 133,
"details": "281.(1) A rule under section 280 may be made either generally for all cantonments or for the whole or any part of any one or more cantonments. (2)\tAll rules so made shall be published in the official Gazette and in such other manner, if any, as the Government may direct and, on such publication, shall have effect as if enacted in this Act.",
"name": "Supplemental provisions respecting rules",
"related_acts": "",
"section_id": 287
},
{
"act_id": 133,
"details": "282.\tSubject to the provisions of this Act and of the rules made thereunder, a Board may, in addition to any bye-laws which it is empowered to make by any other provision of this Act, make bye-laws to provide for all or any of the following matters in the cantonment, namely:- (1)\tthe registration of births, death and marriages, and the taking of a census; (2)\tthe enforcement of compulsory vaccination; (3)\tthe regulation of the collection and recovery of taxes, tolls and fees under this Act and the refund of taxes; (4)\tthe regulation or prohibition of any description of traffic in the streets; (5)\tthe manner in which vehicles standing, driven, led or propelled in the streets between sunset and sunrise shall be lighted; (6)\tthe seizure and confiscation of ownerless animals straying within the limits of the cantonment; (7)\tthe prevention and extinction of fire; (8)\tthe construction of scaffolding for building operations to secure the safety of the general public and of persons working thereon; (9)\tthe regulation in any manner not specifically provided for in this Act of the construction, alteration, maintenance, preservation, cleaning, and repairs of drains, ventilation-shafts, pipes, water-closets, privies, latrines, urinals, cesspools and other drainage works; (10)\tthe regulation of prohibition of the discharge into, or deposit in, drains or sewage, polluted water and other offensive or obstructive matter; (11)\tthe regulation or prohibition of the stabling or herding of animals, or of any class of animals, so as to prevent danger to public health; (12)\tthe proper disposal of corpses, the regulation and management of burial and burning places and other places for the disposal of corpses, and the fees chargeable for the use of such places where the same are provided or maintained by Government or at the expense of the cantonment fund; (13)\tthe permission, regulation or prohibition of the use or occupation of any street or place by itinerant vendors or by any person for the sale of articles or the exercise of any calling or the setting-up of any booth or stall, and the fees chargeable for such use or occupation; (14)\tthe regulation and control of encamping grounds, pounds, washing-places, serais, hotels, dak-bungalows, lodging-houses, boarding-houses, buildings let in tenements, residential clubs, restaurants, eating-houses, cafes, refreshment-rooms and places of public recreation, entertainment or resort; (15)\tthe regulation of the ventilation, lighting, cleansing, drainage and water-supply of the buildings used for the manufacture of sale of aerated or other potable waters and of butter, milk, sweetmeats and other articles of food or drink for human consumption; (16)\tthe matters regarding which conditions may be imposed by licences granted under section 210; (17)\tthe control and supervision of places where dangerous or offensive trades are carried on so as to secure cleanliness therein or to minimise any injurious, offensive or dangerous effects arising or likely to arise therefrom; (18)\tthe regulation of the erection of any enclosure, fence, tent, awning or other temporary structure of whatsoever material or nature on any land situated within the cantonment; (19)\tthe laying out of streets, and the regulation and prohibition of the erection of buildings without adequate provision being made for the laying out and location of streets; (20)\tthe regulation of the use of public parks and gardens and other public places, and the protection of avenues, trees, grass and other appurtenances of streets and other public places; (21)\tthe regulation of the grazing of animals; (22)\tthe fixing and regulation of the use of public bathing and washing places; (23)\tthe regulation of the posting of bills and advertisement, and of the position, size, shape or style of name-boards, sign-boards and sign-posts; (24)\tthe fixation of a method for the sale of articles whether by measure, weight, piece or any other method; (25)\tthe rendering necessary of licences within the cantonment- (a)\tfor persons working as job porters for the conveyance of goods; (b)\tfor animals or vehicles let out on hire; (c)\tfor the proprietors or drivers of vehicles, boats or other conveyances, or of animals kept or plying for hire; (d)\tfor persons impelling or carrying such vehicles or other conveyances; or (e)\tfor persons practising as nurses, midwives or dais; (26)\tthe prescribing of the fee payable for any licence required under clause (25), and of the conditions subject to which such licences may be granted, revised, suspended or withdrawn; (27)\tthe regulation of the charges to be made for the services of such job porters and of the hire of such animals, vehicles or other conveyances, and for the remuneration of persons impelling or carrying such vehicles or conveyances as are referred to in clause (25); (28)\tthe regulation or prohibition, for purposes of sanitation or the prevention of disease or the promotion of public safety or convenience, of any act which occasions or is likely to occasion a nuisance, and for the regulation or prohibition of which no provision is made elsewhere by or under this Act; (29)\tthe circumstances and the manner in which owners of buildings or land in the cantonment, who are temporarily absent from, or are not resident in, the cantonment, may be required to appoint as their agents, for all or any of the purposes of this Act or of any rule or bye-law made thereunder, persons residing within or near the cantonment; (30)\tthe prevention of the spread of infectious or contagious diseases within the cantonment; (31)\tthe segregation in, or the removal and exclusion from, the cantonment, or the destruction, of animals suffering or reasonably suspected to be suffering from any infectious or contagious disease; (32)\tthe supervision, regulation, conservation and protection from injury, contamination or trespass of sources and means of public water-supply and of appliances for the distribution of water whether within or without the limits of the cantonment; (33)\tthe manner in which connections with water-works may be constructed or maintained, and the agency which shall or may be employed for such construction and maintenance; (34)\tthe regulation of all matters and things relating to the supply and use of water including the collection and recovery of charges therefor and the prevention of evasion of the same; (35)\tthe maintenance of schools, and the furtherance of education generally; (36)\tthe regulation or prohibition of the cutting or destruction of trees or shrubs, or the making or excavations, or of the removal of soil or quarrying, where such regulation or prohibition appears to the Board to be necessary for the maintenance of a water-supply, the preservation of the soil, the prevention of landslips or of the formation of ravines or torrents, or the protection of land against erosion or against the deposit thereon of sand, gravel or stones; (37)\tthe rendering necessary of licences for the use of premises within the cantonment as stables or cow-houses or as accommodation for sheep, goats or fowls; (38)\tthe control of the use in the cantonment of mechanical whistle, syrens or trumpets; and (39)\tgenerally for the regulation of the administration of the cantonment under this Act.",
"name": "Power to make bye-laws",
"related_acts": "",
"section_id": 288
},
{
"act_id": 133,
"details": "283.\tAny bye-law made by a Board under this Act may provide that a contravention thereof shall be punishable- (a)\twith fine which may extend to one-hundred Taka; or (b)\twith fine which may extend to one hundred Taka and in the case of a continuing contravention, with an additional fine which may extend to twenty Taka for every day during which such contravention continues after conviction for the first such contravention; or (c)\twith fine which may extend to ten Taka for every day during which the contravention continues after the receipt of a notice from the Board by the person contravening the bye-law requiring such person to discontinue such contravention.",
"name": "Penalty for breach of bye-laws",
"related_acts": "",
"section_id": 289
},
{
"act_id": 133,
"details": "284.(1) Any power to make bye-laws conferred by this Act is conferred subject to the condition of the bye-laws being made after previous publication and of their not taking effect until they have been approved and confirmed by the Government and published in the official Gazette. (2)\tThe Government in confirming a bye-law may make any change therein which appears to it to be necessary. (3)\tThe Government may, after previous publication of its intention, cancel any bye-law which it has confirmed, and thereupon the bye-law shall cease to have effect.",
"name": "Supplemental provisions regarding bye-laws",
"related_acts": "",
"section_id": 290
},
{
"act_id": 133,
"details": "285.\t(1) A copy of all rules and bye-laws made under this Act shall be kept at the office of the Board and shall, during office hours, be open free of charge to inspection by any inhabitant of the cantonment. (2)\tCopies of all such rules and bye-laws shall be kept at the office of the Board, and shall be sold to the public at cost price singly, or in collections at the option of the purchaser.",
"name": "Rules and bye-laws to be available for inspection and purchase",
"related_acts": "",
"section_id": 291
},
{
"act_id": 133,
"details": "286.\tThe Government may, by notification in the official Gazette, and subject to any conditions as to compensation or otherwise which it thinks fit to impose, extend to any area beyond a cantonment and in the vicinity thereof, with or without restriction or modification, any of the provisions of Chapters IX, X, XI, XII, XIII, XIV and XV or of any rule or bye-law made under this Act for the cantonment which relates to the subject-matter of any of those Chapters, and every enactment, rule or bye-law so extended shall thereupon apply to that area as if the area were included in the cantonment.",
"name": "Extension of certain provisions of the Act and rules to places beyond cantonments",
"related_acts": "",
"section_id": 292
},
{
"act_id": 133,
"details": "82286A. The Board may empower any of its members or officers to exercise or perform in the absence of the Executive Officer from the cantonment all or any of such powers or duties of an Executive Officer under this Act as the Government may, by notification in the official Gazette, specify in this behalf.",
"name": "Power to delegate functions of Executive Officer",
"related_acts": "",
"section_id": 293
},
{
"act_id": 133,
"details": "287.(1) Paragraphs 2 and 3 of section 54, and sections 59, 107 and 123 of the Transfer of Property Act, 1882, with respect to the transfer of property by registered instrument, shall, on and from the commencement of this Act, extend to every cantonment. (2)\tThe Registrar or Sub-Registrar of the district or sub-district formed for the purposes of the Registration Act, 1908, in which any cantonment is situated, shall, when any document relating to immoveable property within the cantonment is registered, send information of the registration forthwith to the Board or such other authority as the Government may prescribe in this behalf.",
"name": "Registration",
"related_acts": "48,90",
"section_id": 294
},
{
"act_id": 133,
"details": "288.\tNo notice, order, requisition, licence, permission in writing or other such document issued under this Act shall be invalid merely by reason of any defect of form.",
"name": "Validity of notices and other documents",
"related_acts": "",
"section_id": 295
},
{
"act_id": 133,
"details": "289.\tA copy of any receipt, application, plan, notice, order or other document or of any entry in a register, in the possession of a Board shall, if duly certified by the legal keeper thereof or other person authorised by the Board in this behalf, be admissible in evidence of the existence of the document or entry, and shall be admitted as evidence of the matters and transactions therein recorded in every case where, and to the same extent to which, the original document or entry would, if produced, have been admissible to prove such matters.",
"name": "Admissibility of document or entry as evidence",
"related_acts": "",
"section_id": 296
},
{
"act_id": 133,
"details": "290.\tNo officer or servant of a Board shall, in any legal proceeding to which the Board is not a party, be required to produce any register or document the contents of which can be proved under section 289 by a certified copy, or to appear as a witness to prove any matter or transaction recorded therein save by order of the Court made for special cause.",
"name": "Evidence by officer or servant of the Board",
"related_acts": "",
"section_id": 297
},
{
"act_id": 133,
"details": "291.\tFor the purposes of the Government Buildings Act, 1899 cantonments and Boards shall be deemed to be municipalities and municipal authorities respectively.",
"name": "Application of Act IV of 1899",
"related_acts": "78",
"section_id": 298
},
{
"act_id": 133,
"details": "292.\tRepealed by section 2 of the Repealing Act, 1927 (Act No. XII of 1927).",
"name": "Repealed",
"related_acts": "",
"section_id": 299
}
],
"text": "2♣An Act to consolidate and amend the law relating to the administration of cantonments. WHEREAS it is expedient to consolidate and amend the law relating to the administration of cantonments; It is hereby enacted as follows:-"
} |
{
"id": 135,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the words “Bangladesh” and \"Government\" were substituted, for the words “Pakistan” and “Central Government” respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 Clause (aa) was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The words, commas and figures \"Army Act, 1952, or the\" were substituted, for the words, commas and figures \"Indian Army Act, 1911 or the Pakistan Army Act, 1952 or the Indian Air Force Act, 1932 or the Pakistan\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"4 Clause (a) was substituted, for clause (a) by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"5 Sub-clause (ii) of clause (c) was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"6 Explanation of clause (c) was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"7 The words \"Supreme Court\" were substituted, for the words \"High Court concerned\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"8 The word \"The\" was substituted, for the words and commas \"As respects the Provincial Public Services the Provincial Government, and in other cases, the\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"9 The word \"Republic\" was substituted, for the word \"State\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Soldiers (Litigation) Act, 1925",
"num_of_sections": 16,
"published_date": "26th February, 1925",
"related_act": [
256,
135,
430,
248,
88
],
"repelled": false,
"sections": [
{
"act_id": 135,
"details": "1.(1) This Act may be called the Soldiers (Litigation) Act, 1925. (2)\tIt extends to the whole of Bangladesh. (3)\tIt shall come into force on the first day of April, 1925.",
"name": "Short title, extent and commencement",
"related_acts": "135",
"section_id": 1
},
{
"act_id": 135,
"details": "2.\tIn this Act, unless there is anything repugnant in the subject or context,- (a)\t\"Court\" means a Civil or Revenue Court; 2* * * (b)\t\"soldier\" means any person subject to the 3Army Act, 1952, or the Air Force Act, 1953; (c)\t\"prescribed\" means prescribed by rules made under this Act; and (d)\t\"proceeding\" includes any suit, appeal or application.",
"name": "Definition",
"related_acts": "248,256",
"section_id": 2
},
{
"act_id": 135,
"details": "3. For the purposes of this Act, a soldier shall be deemed to be or, as the case may be, to have been serving- 4(a)\tunder special conditions-when he is or has been serving under war conditions or overseas, or with any unit the headquarters of which are situated at any place which is more than fifty miles distant by road from the nearest railway station; (b)\tunder war conditions-when he is or has been, at any time during the continuance of any hostilities declared by the Government by notification in the official Gazette to constitute a state of war for the purposes of this Act or at any time during a period of six months thereafter,- (i)\tserving out of Bangladesh, (ii)\tunder orders to proceed on field service, (iii)\tserving with any unit which is for the time being mobilised, or (iv)\tserving under conditions which, in the opinion of the prescribed authority, preclude him from obtaining leave of absence to enable him to attend a Court as a party to any proceeding, or when he is or has been at any other time serving under conditions service under which has been declared by the Government by notification in the official Gazette to be service under war conditions; and (c)\toverseas- (i)\twhen he is or has been serving in any place outside Bangladesh the journey between which and Bangladesh is ordinarily undertaken wholly or in part by sea, or 5* * * 6* * *",
"name": "Circumstances in which a soldier shall be deemed to be serving under special conditions",
"related_acts": "",
"section_id": 3
},
{
"act_id": 135,
"details": "4.\tIf any person presenting any plaint, application or appeal to any Court has reason to believe that any adverse party is a soldier who is serving under special conditions, he shall state the fact in his plaint, application or appeal.",
"name": "Particulars to be furnished in plaints, applications or appeals to court",
"related_acts": "",
"section_id": 4
},
{
"act_id": 135,
"details": "5.\tIf any Collector has reason to believe that any soldier, who ordinarily resides or has property in his district and who is a party to any proceeding pending before any Court, is unable to appear therein, the Collector may certify the facts in the prescribed manner to the Court.",
"name": "Power of Collector to intervence in case of unrepresented soldier",
"related_acts": "",
"section_id": 5
},
{
"act_id": 135,
"details": "6.(1) If a Collector has certified under section 5, or if the Court has reason to believe, that a soldier, who is a party to any proceeding pending before it, is unable to appear therein, and if the soldier is not represented by any person duly authorised to appear, plead or act on his behalf, the Court shall suspend the proceeding and shall give notice thereof in the prescribed manner to the prescribed authority: Provided that the Court may refrain from suspending the proceeding and issuing the notice if- (a)\tthe proceeding is a suit, appeal or application instituted or made by the soldier, alone or conjointly with others with the object of enforcing a right of preemption, or (b)\tthe interests of the soldier in the proceeding are, in the opinion of the Court, either identical with those of any other party to the proceeding and adequately represented by such other party or merely of a formal nature. (2)\tIf it appears to the Court before which any proceeding is pending that a soldier though not a party to the proceeding is materially concerned in the outcome of the proceeding, and that his interests are likely to be prejudiced by his inability to attend, the Court may suspend the proceeding and shall give notice thereof in the prescribed manner to the prescribed authority.",
"name": "Notice to be given in case of unrepresented soldier",
"related_acts": "",
"section_id": 6
},
{
"act_id": 135,
"details": "7.\tIf, on receipt of a notice under section 6, the prescribed authority certifies in the prescribed manner to the Court in which the proceeding is pending that the soldier in respect of whom the notice was given is serving under special conditions, and that a postponement of the proceeding in respect of the soldier is necessary in the interests of justice, the Court shall thereupon postpone the proceeding in respect of the soldier for the prescribed period, or, if no period has been prescribed, for such period as it thinks fit.",
"name": "Postponement of proceedings",
"related_acts": "",
"section_id": 7
},
{
"act_id": 135,
"details": "8.\tIf, after issue of a notice under section 6, the prescribed authority either certifies that the soldier is not serving under special conditions or that such postponement is not necessary, or fails to certify, in the case of a soldier resident in the district in which the Court is situate, within two months or, in any other case, within three months from the date of the issue of the notice that such postponement is necessary, the Court may, if it thinks fit, continue the proceeding.",
"name": "Court may proceed when no certificate received",
"related_acts": "",
"section_id": 8
},
{
"act_id": 135,
"details": "9.\t When any document purporting to be signed by the Commanding Officer of a soldier who is a party to any proceeding is produced by or on behalf of the soldier before the Court in which the proceeding is pending and is to the effect that the soldier- (a)\tis on leave of absence for a period not exceeding two months, and is on the expiration of his leave to proceed on service under special conditions, or (b)\tis on sick leave for a period not exceeding three months, and is on the expiration of his leave to rejoin his unit with a view to proceeding on service under special conditions, the proceeding in respect of such soldier may, in any case such as is referred to in the proviso to sub-section (1) of section 6 and shall, in any other case, be postponed in the manner provided in section 7.",
"name": "Postponement of proceedings against soldier on leave",
"related_acts": "",
"section_id": 9
},
{
"act_id": 135,
"details": "10.(1) In any proceeding before a Court in which a decree or order has been passed against any soldier whilst he was serving under any special conditions, the soldier or, if he is dead, his legal representative may apply to the Court which passed the decree or order for an order to set aside the same, and, if the Court, after giving an opportunity to the opposite party of being heard, is satisfied that the interests of justice require that the decree or order should be set aside as against the soldier, the Court shall, subject to such conditions, if any, as it thinks fit to impose, make an order accordingly. (2)\tThe period of limitation for an application under sub-section (1) shall be ninety days from the date of the decree or order, or, where the summons or notice was not duly served on the soldier in the proceeding in which the decree or order was passed, from the date on which the applicant had knowledge of the decree or order; and the provisions of section 5 or the Limitation Act, 1908, shall apply to such applications. (3)\tWhen the decree or order in respect of which an application under sub-section (1) is made is of such a nature that it cannot be set aside as against the soldier only, it may be set aside as against all or any of the parties against whom it has been made. (4)\tWhere a Court sets aside a decree or order under this section, it shall appoint a day for proceeding with the suit, appeal or application, as the case may be.",
"name": "Power to set aside decrees and orders passed against a soldier serving under war or special conditions",
"related_acts": "88",
"section_id": 10
},
{
"act_id": 135,
"details": "11. In computing the period of limitation prescribed by sub-section (2) of section 10 of this Act, the Limitation Act, 1908 or any other law for the time being in force, for any suit, appeal or application to a Court, any party to which is or has been a soldier, or is the legal representative of a soldier, the period during which the soldier has been serving under any special conditions, and, if the soldier has died while so serving, the period from the date of his death to the date on which official intimation thereof was sent to his next-of-kin by the authorities in Bangladesh, shall be excluded: Provided that this section shall not apply in the case of any suit, appeal or application instituted or made with the object of enforcing a right of pre-emption except where the said right accrues in such circumstances, and is in respect of agricultural land and village immovable property situated in any such area, as the Government may, by notification in the official Gazette, specify in this behalf.",
"name": "Modification of law of limitation where soldier or his legal representative is a party",
"related_acts": "88",
"section_id": 11
},
{
"act_id": 135,
"details": "12.\tIf any Court is in doubt whether, for the purposes of section 10 or section 11, a soldier is or was at any particular time serving under special conditions, or has died while so serving or as to the date of such death or as to the date on which official intimation of such death was sent to his next-of-kin by the authorities in Bangladesh, the Court may refer the point for the decision of the prescribed authority, and the certificate of that authority shall be conclusive evidence on the point.",
"name": "Power of Court to refer questions to prescribed authorities",
"related_acts": "",
"section_id": 12
},
{
"act_id": 135,
"details": "13. The Government after consulting the 7Supreme Court may, by notification in the official Gazette, make rules to provide for all or any of the following matters, namely- (a)\tthe manner and form in which any notice or certificate under this Act shall be given; (b)\tthe period for which proceedings or any class of proceedings shall be postponed under section 7; (c)\tthe persons who shall be the prescribed authorities for the purposes of this Act; (d)\tany other matter which is to be or may be prescribed; and (e)\tgenerally, any matters incidental to the purposes of this Act.",
"name": "Rule-making power",
"related_acts": "",
"section_id": 13
},
{
"act_id": 135,
"details": "14.(1) 8The Government may, by notification in the official Gazette, direct that all or any of the provisions of this Act, shall apply to any other class of persons in the service of the 9Republic specified in such notification in the same manner as they apply to soldiers. (2) Omitted by section 3 and 2nd Schedule of the by the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Power to apply the provisions of the Act to other person in the service of the Republic",
"related_acts": "430",
"section_id": 14
},
{
"act_id": 135,
"details": "14A.\tOmitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 15
},
{
"act_id": 135,
"details": "15. Repealed by section 2 and Schedule of the Repealing Act, 1927 (Act No. XII of 1927).",
"name": "Repealed",
"related_acts": "",
"section_id": 16
}
],
"text": "1♣An Act to consolidate and amend the law to provide for the special protection in respect of civil and revenue litigation of soldiers serving under special conditions. WHEREAS it is expedient to consolidate and amend the law to provide for the special protection in respect of civil and revenue litigation of soldiers serving under special conditions; It is hereby enacted as follows:-"
} |
{
"id": 136,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the words “Bangladesh” and \"Government\" were substituted, for the words “Pakistan” and “Central Government” or “appropriate Government” respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The words \"the Government\" were substituted, for the words and commas \"the Secretary of State, the Central Government, the Crown Representative or any Provincial Government\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The word \"Republic\" was substituted, for the word \"State\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"4 The words \"and references in this Act to the Government shall be construed accordingly\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"5 Sub-clause (i) was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"6 Sub-clause (ii) was substituted, for the former sub-clause (ii) by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"7 The words \"the railway\" were substituted, for letter and word \"a railway\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"8 The word \"Provincial\" was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"9 The word \"Taka\" was substituted, for the word \"rupees\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"10 The words, commas and figure \"Succession Act, 1925,\" were substituted, for the words, commas and words \"Succession Certificate Act, 1889, or under the Bombay Regulation VIII of 1827,\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"11 The words, comma and figure \"Succession Act, 1925\" were substituted, for the words, comma and figures \"Succession Certificate Act, 1889 or the Bombay Regulation VIII of 1827\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"12 The commas and words \", or that Regulation, as the case may be,\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"13 Sub-section (4) and the Explanation were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Provident Funds Act, 1925",
"num_of_sections": 10,
"published_date": "27th August, 1925",
"related_act": [
136,
138,
430,
103
],
"repelled": false,
"sections": [
{
"act_id": 136,
"details": "1.(1) This Act may be called the Provident Funds Act, 1925. (2) \tIt extends to the whole of Bangladesh. (3) \tIt shall come into force on such date as the Government may, by notification in the official Gazette, appoint.",
"name": "Short title extent and commencement",
"related_acts": "136",
"section_id": 1
},
{
"act_id": 136,
"details": "2. \tIn this Act, unless there is anything repugnant in the subject or context,- (a) \t\"compulsory deposit\" means a subscription to, or deposit in, Provident Fund which, under the rules of the Fund, is not, until the happening of some specified contingency, repayable on demand otherwise than for the purpose of the payment of permit in respect of policy of life insurance or the payment of subscriptions or premia in respect of a family pension fund, and includes any contribution and any interest or increment which has accrued under the rules of the Fund on any such subscription, deposit, or contribution, and also any such subscription deposit, contribution interest or increment remaining to the credit of the subscriber or depositor after the happening any such contingency; (b) \t\"contribution\" means any amount credited in a Provident Found, by any authority administering the Fund, by way of addition to, a subscription to, or deposit or balance at the credit of an individual account in, the Fund; and \"contributory Provident Fund\" means a Provident Fund the rules or which provide for the crediting of contributions; (c) \t\"dependant\" means any of the following relatives of a deceased subscriber to, or a depositor in, a Provident Fund, namely, a wife, husband, parent, child, minor brother, unmarried sister and a deceased son's widow and child, and, where no parent of the subscriber or depositor is alive, a paternal grand-parent; (d) \t\"Government Provident Fund\" means a Provident Fund, other than a Railway provident Fund, constituted by the authority of 2the Government for any class or classes of persons in the service of the 3Republic or of persons employed in educational institutions or employed by bodies existing solely for educational purposes, 4* * *; (e) \t\"Provident Fund\" means a fund in which subscriptions or deposits of any class or classes of employees are received and held on their individual accounts, and includes any contribution and any interest or increment accruing on such subscriptions, deposits or contributions under the rules of the Fund; (f) \t\"Railway administration\" means- 5* * * 6(ii) the Manager of the Railway; (g) \t\"Railway Provident Fund\" means a Provident Fund constituted by the authority of 7the railway administration for any class or classes of its employees.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 136,
"details": "3.(1) A compulsory deposit in any Government or Railway Provident Fund shall not in any way be capable of being assigned or charged and shall not be liable to attachment under any decree or order of any Civil, Revenue or Criminal Court in respect of any debt or liability incurred by the subscriber or depositor, and neither the Official Assignee nor any receiver appointed under the 8* * * Insolvency Act, 1920, shall be entitled to, or have any claim on, such compulsory deposit. (2) Any sum standing to the credit of any subscriber to, or depositor in, any such Fund at the time of his decease and payable under the rules of the Fund to any dependant of the subscriber or depositor, or to such person as may be authorised by law to receive payment on his behalf, shall, subject to any deduction authorised by this Act and, save where the dependant is the widow or child of the subscriber or depositor, subject also to the rights of an assignee under an assignment made before the commencement of this Act, vest in the dependant, and shall, subject as aforesaid, be free from any debt or other liability incurred by the debased or incurred by the dependant before the death of the subscriber or depositor.",
"name": "Protection of compulsory deposits",
"related_acts": "",
"section_id": 3
},
{
"act_id": 136,
"details": "4.(1) When under the rules of any Government or Railway Provident Fund the sum standing to the credit of any subscriber or depositor, or the balance thereof after the making of any deduction authorised by this Act, has become payable, the officer, whose duty it is to make the payment shall pay the sum or balance, as the case may be, to the subscriber or depositor, or, if he is dead, shall - (a) \tif the sum or balance, or any part thereof, vests in a dependant under the provisions of section 3, pay the same to the dependant or to such person as may be authorised by law to receive payment on his behalf; or (b) \tif the whole sum or balance, as the case may be, does not exceed five thousand 9Taka, pay the same, or any part thereof, which is not payable under clause (a), to any person nominated to receive it under the rules of the Fund, or, if no person is so nominated, to any person appearing to him to be otherwise entitled to receive it; or (c) \tin the case of any sum or balance, or any part thereof, which is not payable to any person under clause (a). or clause (b) pay the same,- (i) \tto any person nominated to receive it under the rules of the Fund, on production by such person of probate or letters of administration evidencing the grant to him of administration to the estate of the deceased or a certificate granted under the 10Succession Act, 1925, entitling the holder thereof to receive payment of such sum, balance or part, or (ii) \twhere no person is so nominated, to any person who produces such probate, letters or certificate: Provided that, where the whole or any part of any sum standing to the credit of the subscriber or depositor has been assigned to any other person before the commencement of this Act, and notice in writing of the assignment has been received by the officer from the assignee, the officer shall, after making any deduction authorised by this Act and any payment due under clause (a) to or on behalf of the widow or children of the subscriber or depositor - (i) \tif the subscriber or depositor or, if he is dead the person to whom in the absence of any valid, assignment the sum or balance would be payable under this sub-section gives his consent in writing, pay the sum or part or the balance thereof, as the case may be, to the assignee, or (ii) \tif such consent is not forthcoming, withhold payment of the sum, part or balance, as the case may be, pending a decision of a competent Civil Court as to the person entitled to receive it. (2)\tThe making of any payment authorised by sub-section (1) shall be a full discharge to the Government or the railway administration, as the case may be, from all liability in respect of so much of the sum standing to the credit of the subscriber or depositor as is equivalent to the amount so paid.",
"name": "Provisions regarding repayments",
"related_acts": "138",
"section_id": 4
},
{
"act_id": 136,
"details": "5.(1) Notwithstanding anything contained in any law for the time being in force or in any disposition, whether testamentary or otherwise, by a subscriber to, or depositor in, a Government or Railway Provident Fund of the sum standing to his credit in the fund, or of any part thereof, where any nomination duly made in accordance with the rules of the Fund, purports to confer upon any person the right to receive the whole or any part of such sum on the death of the subscriber or depositor occurring before the sum has become payable or before the sum. having become payable, been paid, the said person shall on the death as aforesaid of the subscriber of depositor, become entitled, to the exclusion of all other persons, to receive such sum or part thereof, as case may be, unless - (a) \tsuch nomination is at any time varied by another nomination made in like manner or expressly cancelled by notice given in the manner and to the authority prescribed by those rules, or (b) \tsuch nomination at any time becomes invalid by reason of the happening of some contingency specified therein, - and if the said person predeceases the subscriber or depositor, the nomination shall, so far as it relates to the right conferred upon the said person, become void and of no effect: Provided that where provision has been duly made in the nomination in accordance with the rules of the fund, conferring upon some other person such right in the stead of the person deceased, such right shall, upon the decease as aforesaid of the said person, pass to such other person. (2) Notwithstanding anything contained in the 11Succession Act, 1925, any person, who becomes entitled as aforesaid, may be granted a certificate under that Act 12* * * entitling him to receive payment of such or part, and such certificate shall not be deemed to be invalidated or superseded by any grant to any other of person of probate or letters of administration to the estate of the deceased. (3) \tThe provisions of this section as amended by sub-section (1) of section 2 of the Provident funds (Amendment) Act, 1946, shall apply also to all such nominations made before the date of the commencement of that Act: Provided that the provisions of this section as so amended shall not operate to affect any case, in which before the said date any sum has paid, or has under the rules of the Fund become payable in pursuance of any nomination duly made in accordance with those rules.",
"name": "Rights of nominees",
"related_acts": "138",
"section_id": 5
},
{
"act_id": 136,
"details": "6. \tWhen the sum standing to the credit of any subscriber or depositor in any Government or Railway Provident Fund which is contributory Provident Fund becomes payable, there may, if the authority specified in this behalf in the rules of the Fund so directs, be deducted therefrom and paid to Government or the Railway Administration, as the case may be,- (a) \tany amount due under a liability incurred by the subscriber or depositor to Government or the Railway Administration, but not exceeding in any case the total amount of any contributions credited to the account of the subscriber or depositor and of any interest or increment which has accrued on such contributions; or (b)\twhere the subscriber or depositor has been dismissed from his employment for any reasons specified in this behalf in the rules of the Fund, or where he has resigned such employment within five years of the commencement thereof, the whole or any part of the amount of any such contributions, interest and increment.",
"name": "Power makes deductions",
"related_acts": "",
"section_id": 6
},
{
"act_id": 136,
"details": "7. \tNo suit or other legal proceeding shall lie against any person in respect of anything which is in good faith done or intended to be done under this Act.",
"name": "Protection for acts done in good faith",
"related_acts": "",
"section_id": 7
},
{
"act_id": 136,
"details": "8.(1) the Government may, by notification in the official Gazette, direct that provisions of this Act shall apply to any Provident Fund established for the benefit of its employees by any local authority within the meaning of the Local Authorities Loans Act, 1914, and, on the making of such declaration, this Act shall apply accordingly, as if such Provident Fund were Government Provident Fund and such local authority were the Government. (2) \tThe Government may, by notification in the official Gazette, direct that the provisions of this Act shall apply to any Provident Fund established for the benefit of the employees of any of the institutions specified in the Schedule, or of any group of such institutions, and, on the making of such declaration, this Act shall apply accordingly, as if such Provident Fund were a Government Provident Fund and the authority having custody of the Fund were the Government: Provided that section 6 shall apply as if the authority making the contributions referred to in that section were the Government. (3) \tThe Government may, by notification in the official Gazette, add to the Schedule the name of any public institution it may deem fit, and any such addition shall take effect as if had been made by this Act. 13* * *",
"name": "Power to apply the act to the Provident Funds",
"related_acts": "103",
"section_id": 8
},
{
"act_id": 136,
"details": "9. Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 9
},
{
"act_id": 136,
"details": "10. Repealed by section 2 and Schedule of the Repealing Act, 1927 (Act No. XII of 1927).",
"name": "Repealed",
"related_acts": "",
"section_id": 10
}
],
"text": "1♣An Act to amend and consolidate the law relating to Government and other Provident Funds. WHEREAS it is expedient to amend and consolidate the law relating to Government and other Provident Funds; It is hereby enacted as follows:-"
} |
{
"id": 137,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the words “Bangladesh” and \"Government\" were substituted, for the words “Pakistan” and “Central Government” respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The words and comma \"in India, Ceylon or Pakistan\" were substituted, for the words \"in India or Ceylon\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Carriage of Goods by Sea Act, 1925",
"num_of_sections": 7,
"published_date": "21st September, 1925",
"related_act": [
137,
430
],
"repelled": false,
"sections": [
{
"act_id": 137,
"details": "1.(1) This Act may be called the Carriage of Goods by Sea Act, 1925. (2) \tIt extends to the whole of Bangladesh.",
"name": "Short title and extent",
"related_acts": "137",
"section_id": 1
},
{
"act_id": 137,
"details": "2. \tSubject to the provisions of this Act, the rules set out in the Schedule (hereinafter referred to as \" the Rules\") shall have effect in relation to and in connection with the carriage of goods by sea in ships carrying goods from any port in Bangladesh to any other port whether in or outside Bangladesh.",
"name": "Application of Rules",
"related_acts": "",
"section_id": 2
},
{
"act_id": 137,
"details": "3. There shall not be implied in any contract for the carriage of goods by sea to which the Rules apply any absolute undertaking by the carrier of the goods to provide a seaworthy ship.",
"name": "Absolute warranty of seaworthiness not to be implied in contracts to which Rules apply",
"related_acts": "",
"section_id": 3
},
{
"act_id": 137,
"details": "4. \tEvery bill of lading, or similar document of title, issued in Bangladesh which contains or is evidence of any contract to which the Rules apply, shall contain an express statement that it is to have effect subject to the provisions of the said Rules as applied by this Act.",
"name": "Statement as to application of Rules to be included in bills of lading",
"related_acts": "",
"section_id": 4
},
{
"act_id": 137,
"details": "5. \tArticle VI of the Rules shall, in relation to- (a) \tthe carriage of goods by sea in sailing ships carrying goods from any port in Bangladesh to any other port whether in or outside Bangladesh, and (b) \tthe carriage of goods by sea in ships carrying goods from a port in Bangladesh notified in this behalf in the official Gazette by the Government to a port 2in India, Ceylon or Pakistan specified in the said notification, have effect as though the said Article referred to goods any class instead of to particular goods and as though the proviso to the second paragraph of the said Article were omitted.",
"name": "Modification of Article VI of Rules in relation to goods carried in sailing ships and by prescribed routes",
"related_acts": "",
"section_id": 5
},
{
"act_id": 137,
"details": "6. Where under the custom of any trade the weight of any bulk cargo inserted in the bill of lading is a weight ascertained or accepted by a third party other than the carrier or the shipper and the fact that the weight is so ascertained or accepted is stated in the bill of lading, then, notwithstanding anything in the Rules, the bill of lading shall not be deemed to be prima facie evidence against the carrier of the receipt of goods of the weight so inserted in the bill of lading, and the accuracy thereof at the time of shipment shall not be deemed to have been guaranteed by the shipper.",
"name": "Modification of Rules 4 and 5 of Article III in relation to bulk cargoes",
"related_acts": "",
"section_id": 6
},
{
"act_id": 137,
"details": "7.(1) Nothing in this Act shall affect the operation of sections four hundred and forty six to four hundred and fifty, both inclusive, five hundred and two, and five hundred and three of the Merchant Shipping Act, 1894, as amended by any subsequent enactment, or the operation of any other enactment for the time being in force limiting the liability of the owners of sea-going vessels. (2) \tThe Rules shall not be virtue of this Act apply to any contract for the carriage of goods by sea before such day, not being earlier than the first day of January, 1926, as the Government may, by notification in the official Gazette, appoint, nor to any bill of lading or similar document of title issued, whether before or after such day as aforesaid, in pursuance of any such contract as aforesaid.",
"name": "Saving and operation",
"related_acts": "",
"section_id": 7
}
],
"text": "1♣An Act to amend the law with respect to the carriage of goods by sea. WHEREAS at the International Conference on Maritime Law held at Brussels in October, 1922, the delegates at the Conference, including the delegates representing His majesty, agree unanimously to recommend their respective Governments to adopt as the basis of a convention a draft convention for the unification of certain rules relating to bills of lading; AND WHEREAS at a meeting held at Brussels in October, 1923, the rules contained in the said draft convention were amended by the Committee appointed by said Conference; AND WHEREAS provision has been made by the Carriage of Goods by Sea Act, 1924, that the said rules as so amended and as set out with modifications in the Schedule shall, subject to the provisions of that Act, have the force of law with a view to establishing the responsibilities, liabilities, rights and immunities attaching to carriers under bills of lading; AND WHEREAS it is expedient that like provision should be made in Bangladesh; It is hereby enacted as follows:-"
} |
{
"id": 139,
"lower_text": [
"1 Clause (a) was omitted by section 2 of the Naturalization (Amendment) Act, 1952 (Act No. LXI of 1952)",
"2 The word \"Bengali\" was substituted, for the words and commas \"a language which has been declared by the Central Government, by notification in the official Gazette, to be one of the principal vernaculars of Pakistan\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The word \"Republic\" was substituted, for the word \"State\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"4 The words, commas and figures \"the British Nationality and Status of Aliens Act, 1914, or the Indian Naturalization Act, 1852, or\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"5 The word \"Pakistan\" was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"6 The words \"the Constitution of the People's Republic of Bangladesh\" were substituted, for the words \"the constitution of Pakistan\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"7 The words, comma and figure \"after the commencement of the Indian Naturalization (Amendment) Act, 1935\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"8 The words, commas and figure \"Citizenship Act, 1951,\" were substituted, for the words, commas and figure \"Pakistan Citizenship Act, 1951,\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"9 The semi-colon, words, commas and figures \"; or the Indian Naturalization Act, 1852,\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"10 The words \"or in His Majesty's dominions\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"11 The words \"the Republic\" were substituted, for the words \"a Government in Pakistan\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"12 The words, comma and figure \"Citizenship Act, 1951\" were substituted, for the words, comma and figure \"Pakistan Citizenship Act, 1951\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Naturalization Act, 1926",
"num_of_sections": 18,
"published_date": "26th February, 1926",
"related_act": [
33,
139,
430,
242,
86
],
"repelled": false,
"sections": [
{
"act_id": 139,
"details": "1. (1) This act may be called the Naturalization Act, 1926. (2) It extends to the whole of Bangladesh. (3) It shall come into force on such date as the Government may, by notification in the official Gazette, appoint.",
"name": "Short title, extent and commencement",
"related_acts": "139",
"section_id": 1
},
{
"act_id": 139,
"details": "2. In this Act, unless there is anything repugnant in the subject or context,- 1* * * (b) \t\"certificate of naturalization\" means a certificate of naturalization granted under this Act; and (c) \t\"minor\" means, notwithstanding anything in the Majority Act, 1875, any person who has not completed his age of twenty-one years.",
"name": "Definitions",
"related_acts": "33",
"section_id": 2
},
{
"act_id": 139,
"details": "3. (1) The Government may grant a certificate of naturalization to any person who makes an application in this behalf and satisfies the Government- (a)\tthat he is not a minor; (b)\tthat he is neither a citizen of Bangladesh nor a subject of any state of which a citizen of Bangladesh is prevented by or under any law from becoming a subject by naturalization; (c)\tthat he has resided in Bangladesh throughout the period of twelve months immediately preceding the date of the application, and has, during the seven years immediately preceding the said period of twelve months, resided in Bangladesh for a period amounting in the aggregate to not less than four years; (d)\tthat he is of good character; (e)\tthat he has an adequate knowledge of 2Bengali; and (f)\tthat he intends, if the application is granted, to reside in Bangladesh or to enter or to continue in the service of the 3Republic in Bangladesh: Provided that nothing in clause (c) or clause (f) shall apply in the case of a woman who was a citizen of Bangladesh previously to her marriage to a person not citizen of Bangladesh and whose husband has died or whose marriage has been dissolved. (2) Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Grant of certificate of naturalization",
"related_acts": "430",
"section_id": 3
},
{
"act_id": 139,
"details": "4. (1) Every application for a certificate of naturalization shall be in writing and shall state, to the best of the knowledge and belief of the applicant,- (a)\this age; (b)\this place of birth; (c)\this place of residence; (d)\this profession, trade, or occupation; (e)\tfull particulars regarding his qualifications in respect of the matters referred to in clauses (a) to (f) of sub- section (1) of section 3; (f)\twhether he has at any time previously applied for the grant of a certificate of naturalization under 4*** this Act; (g)\twhether any such application has been rejected; (h)\twhether any such certificate has been granted to him; and (i)\twhether any such certificate granted to him has been revoked or whether he has been deprived of his citizenship under the 5*** Citizenship Act, 1951. (2) Every such application shall be signed by the applicant and shall be accompanied by an affidavit sworn by him verifying that the statements contained there in are true to the best of his knowledge and beliefe. (3) The Government shall satisfy itself as to the truth of the statements contained in the application, and for this purpose may cause to be made such further inquiry, if any, and may require such further evidence, if any, either by affidavit or otherwise as it thinks necessary.",
"name": "Contents and form of application",
"related_acts": "242",
"section_id": 4
},
{
"act_id": 139,
"details": "5. (1) If the Government is satisfied that the applicant is qualified under section 3 for the grant of a certificate of naturalization and is otherwise a fit person for the grant of such certificate, it may grant a certificate reciting the qualifications of the applicant for such grant and conferring upon him all the rights, privileges and capacities of naturalization under this Act, except such rights, privileges or capacities, if any, as may specifically be withheld by the certificate. (2) Any such certificate may, if the applicant so requests, include the name of any minor child of the applicant, not being by birth a citizen of Bangladesh who was born before the date of the certificate and is for the time being resident in Bangladesh and under the control of the applicant; and shall grant to any child so included all the rights, privileges and capacities of naturalization under this Act, except such rights, privileges or capacities, if any, as may specifically be withheld by the certificate. (3) The grant of a certificate of naturalization shall be in the absolute discretion of the Government, and no appeal shall lie from any refusal to grant any such certificate or to include in any such grant any particular right, privilege or capacity.",
"name": "Grant of certificate",
"related_acts": "",
"section_id": 5
},
{
"act_id": 139,
"details": "6. Every person to whom a certificate of naturalization has been granted shall, within thirty days from the date of the grant thereof, take and subscribe the following oath, namely:- \"I, A. B., of do hereby swear(or affirm) that I will be faithful and bear true allegiance to 6the Constitution of the People's Republic of Bangladesh: Provided that the Government may extend the time allowed under this section in any case in which it is satisfied that failure to take and subscribe the oath within that time was due to sufficient cause.",
"name": "Oath of allegiance",
"related_acts": "",
"section_id": 6
},
{
"act_id": 139,
"details": "7.(1) No certificate of naturalization shall have effect until the person to whom it is granted has taken and subscribed the oath prescribed by section 6, but upon the taking and subscribing of such oath such person, and any child of any such person who has been included in the certificate under sub-section (2) of section 5, shall be deemed to be citizens of Bangladesh and be entitled to all the rights, privileges and capacities of a citizen of Bangladesh born within Bangladesh, except such rights, privileges or capacities, if any, as may have been withheld from them respectively by the certificate, and shall within Bangladesh be subject to all the obligations, duties and liabilities of a citizen of Bangladesh; and the any such person to whom a certificate of naturalization is granted 7* * * shall, if not already a citizen of Bangladesh, in like manner to be so deemed and be so entitled and so subject, if within one year, or such longer period as the Government may in special circumstances allow, from the date of the taking and subscribing of such oath by her husband, she makes to the Government a declaration that she desires to be deemed to be a citizen of Bangladesh, and if she is an alien as defined in the 8Citizenship Act, 1951, obtains a certificate of domicile under that Act, and takes and subscribe the oath prescribed by section 6 of this Act. (2) When the person to whom a certificate of naturalization has been granted has taken and subscribed the oath prescribed by section 6, any wife thereafter married by, and any child thereafter born to, such person shall, if she or he is not a citizen of Bangladesh and if such person aforesaid at the date of the marriage or birth, as the case may be, retains any rights, privileges or capacities of a citizen of Bangladesh under this Act, be entitled, subject, in the case of a wife, to her making to the Government a declaration as provided in sub-section (1) and, if necessary, upon obtaining the certificate of domicile and making and subscribing the oath as further provided in that sub-section, to the same rights, privileges and capacities, and be subject to the same obligations, duties and liabilities, to which such person aforesaid was at the date entitled and subject.",
"name": "Effect of grant of certificate and taking of oath",
"related_acts": "242",
"section_id": 7
},
{
"act_id": 139,
"details": "8. (1) Where the Government is satisfied that a certificate of naturalization granted under this Act 9* * * was obtained by false representation or fraud or by concealment of material circumstances, or that the person to whom the certificate has been granted has shown himself by act or speech to be disaffected or disloyal to Bangladesh, the Government shall, by order in writing, revoke the certificate. (2) Without prejudice to the foregoing provisions, the Government shall by order in writing, revoke such a certificate of naturalization as aforesaid in any case in which it is satisfied that the person to whom the certificate was granted (a)\thas, during any war in which Bangladesh is engaged unlawfully traded or communicated with the enemy, or with a subject of an enemy state, or been engaged in, or associated with, any business which is to his knowledge carried on in such a manner as to assist the enemy in such war; or (b)\thas, within five years of the date of the grant of the certificate, been sentenced by any Court in Bangladesh 10*** to transportation or to penal servitude, or to imprisonment for a term not less than twelve months, or to pay a fine not less than one thousand Taka; or (c)\twas not of good character at the date of the grant of the certificate; or (d)\thas since the grant of the certificate been, for a period of not less than seven years, ordinarily resident out of Bangladesh otherwise than as a representative of a citizen of Bangladesh, or of a Bangladesh firm or company or a Bangladesh institution, or in the service of 11the Republic or in the armed forces of Bangladesh, and has not maintained substantial connection with Bangladesh; or (e)\tremains, according to the law of a state at war with Bangladesh, a subject of that state; and that the continuance of the certificate is not conducive to the public good. (3) Omitted by the Government of India (Adaptation of Indian Laws) Order, 1937. (4) The Government may, if it thinks fit, before making an order under this section, refer the case for such inquiry as he hereinafter specified, and, in any case to which sub-section (1) or clause (a), clause (c) or clause (e) of sub-section (2) applies, the Government shall, by notice given to, or sent by post to the last known address of, the holder of the certificate, give him an opportunity of claiming that the case be referred for such inquiry, and, if the holder so claims, in accordance with the notice, the Government shall refer the case for inquiry accordingly. (5) An inquiry under this section shall be held by such person or persons and in such manner as the Government may direct in each case. (6) Where a certificate is revoked under this section, the revocation shall have effect from such date as may be directed by the Government, and thereupon the certificate shall be given up and cancelled; and any person who, without reasonable cause the burden of proving which shall lie upon him, fails to give up his certificate within one month from the aforesaid date, shall be punishable with fine, which may extend to one thousand Taka. (7) For the purpose of this section, any person who has acquired any of the rights, privileges or capacities of naturalization under sub-section (2) of section 5 or sub-section (2) of section 7 by reason of the grant to his parent of a certificate of naturalization, may, after he has attained majority, be deemed to be a person to whom a certificate of naturalization has been granted.",
"name": "Revocation of certificate",
"related_acts": "",
"section_id": 8
},
{
"act_id": 139,
"details": "9. (1) Where a certificate is revoked under section 8, the former holder of there of shall cease to be deemed to be a citizen of Bangladesh. (2) On such revocation, the Government may, by order in writing, direct that the wife and minor children (or any of them) of the person whose certificate is revoked shall cease to be deemed to be citizens of Bangladesh; but where no such direction is made, the status of the wife and the minor children of the person, whose certificate is revoked shall not be affected by the revocation: Provided that no such order shall be made in the case of a wife unless by reason of the acquisition by her husband of a new nationality she has also acquired that nationality: Provided further that, in the case of a wife who was, or, if the 12Citizenship Act, 1951, had been in force at the date of her birth, would have been, by birth a citizen of Bangladesh, no such order as aforesaid shall be made, unless the Government is satisfied that, if she had held a certificate of naturalization in her own right, the certificate could properly have been revoked under section 8, and the provisions of that section as to referring cases for inquiry shall apply to the making of any such order as they apply to the revocation of a certificate.",
"name": "Effect of revocation of certificate",
"related_acts": "242",
"section_id": 9
},
{
"act_id": 139,
"details": "10. (1) A declaration of alienage in such manner as may be prescribed by rules made under this Act may be made,- (a)\twithin one year of his attaining majority, by any child who has acquired any of the rights, privileges or capacities of naturalization under sub-section (2)of section 5, or sub-section (2) of section 7; or (b)\twithin six months from the date of the revocation of a certificate under section 8, or of the death of, or of the dissolution of her marriage with, the holder of any such certificate as is therein referred to, by the wife of the person whose certificate has been revoked, or who has died, or whose marriage to her has been dissolved, as the case may be. (2) Where a declaration of alienage has been made in the manner aforesaid, the person making the same, and the wife of any such person, and any children of any such person who are minors and are not by birth citizens of Bangladesh, shall cease to be deemed to be citizens of Bangladesh: Provided that the wife of any such person shall not cease to be deemed to be a citizen of Bangladesh under this sub-section, unless by reason of the acquisition by her husband of a new nationality she has also acquired that nationality.",
"name": "Declaration of alienage",
"related_acts": "",
"section_id": 10
},
{
"act_id": 139,
"details": "11. Every person making an inquiry under the orders of the Government under sub-section (3) of section 4, and every person appointed to hold an inquiry under sub-section (5) of section 8, shall be deemed to be a public servant within the meaning of the Penal Code, and shall for the purposes of such inquiry have the same powers as are vested in a Court under the Code of Civil Procedure, 1908, when trying a suit, in respect of the following matters: (i)\tenforcing the attendance of any person and examining him on oath; (ii)\tcompelling the production of documents and material objects; and (iii)\tissuing commissions for the examination of witnesses; and every such inquiry shall be deemed to be judicial proceeding within the meaning of sections 193 and 228 of the Penal Code.",
"name": "Inquiries",
"related_acts": "86",
"section_id": 11
},
{
"act_id": 139,
"details": "12. (1) All oaths and affidavits for the purposes of this Act shall be sworn before a Magistrate or such other person as may be appointed in this behalf by the Government. (2) The Magistrate or other person by whom an oath of allegiance is administered under section 6 shall grant to the person making the same a certificate in writing of his having taken and subscribed such oath and of the date of his taking and subscribing the same, and shall forward to the Government the oath so taken and subscribed, together with a copy of such certificate.",
"name": "Oaths and affidavits",
"related_acts": "",
"section_id": 12
},
{
"act_id": 139,
"details": "13.(1) The Government may, by notification in the official Gazette, make rules to give effect to the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely: (a)\tthe form or forms in which certificates of naturalization shall be granted, and the manner in which they shall be recorded; (b)\tthe manner in which declarations of alienage shall be made and recorded; (c)\tthe recording of oaths of allegiance; and (d)\tthe fees which may be imposed for the issue of any certificate, whether of naturalization or otherwise, granted under this Act.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 13
},
{
"act_id": 139,
"details": "14. Nothing contained in this Act shall be deemed to entitle to any of the rights, privileges or capacities of a citizen of Bangladesh the child of any person who is himself so entitled by reason only of the inclusion of his name in a certificate of naturalization under sub-section (2) of section 5 or of the grant of a certificate of naturalization to his parent.",
"name": "Limitation to the grant of naturalization under this Act",
"related_acts": "",
"section_id": 14
},
{
"act_id": 139,
"details": "14A. Omitted by section 3 and 2nd Schedule of the by the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 15
},
{
"act_id": 139,
"details": "14B. Omitted by section 3 and 2nd Schedule of the by the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 16
},
{
"act_id": 139,
"details": "14C. Omitted by section 3 and 2nd Schedule of the by the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 17
},
{
"act_id": 139,
"details": "15. Repealed by section 2 and Schedule of the Repealing Act, 1927 (Act No. XII of 1927).",
"name": "Repealed",
"related_acts": "",
"section_id": 18
}
],
"text": "♣An Act to consolidate and amend the law relating to the naturalization in Bangladesh of aliens resident therein; WHEREAS it expedient to consolidate and amend the law relating to the naturalization in Bangladesh of aliens resident therein; It is hereby enacted as follows:-"
} |
{
"id": 138,
"lower_text": [
"1 Clause (bb) was inserted by section 2 of the Indian Succession (Amendment) Act, 1929 (Act No. XVIII of 1929)",
"2 Clause (g) was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The words \"in the Province\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"4 Sub-section (3) was substituted, for sub-section (3) by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"5 The words \"the Republic\" were substituted, for the words \"the State\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"6 Section 33A was inserted by section 3 of the Indian Succession (Amendment) Act, 1926 (Act No. XL of 1926)",
"7 The words \"of Bangladesh\" were substituted, for the words \"which at the said date were subject to the Lieutenant-Governor of Bengal or within the local limits of the ordinary original civil jurisdiction of the High Courts of Judicature at Madras and Bombay\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"8 The words \"Supreme Court\" were substituted, for the words \"High Court\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"9 The words, commas and figure \"or under the Succession Certificate Act, 1889,\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"10 The words \"within the same Province\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"11 The words \"within the same Province\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"12 The word \"Muslims\" was substituted, for the word \"Muhamadans\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"13 Clauses (iv) and (v) of sub-section (1) of section 214 were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"14 The words, commas and figures \"or under the Succession Certificate Act, 1889, or Bombay Regulation No. VIII of 1827,\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"15 The words and comma \"throughout the Province in which the same may have been granted,\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"16 The words \"situated beyond the limits of the Province\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"17 The word \"Bangladesh\" was substituted, for the words \"the Province in which application for probate is made\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"18 The words \"Bangladesh and there is no executor in Bangladesh\" were substituted, for the words and comma \"the Province in which application is made, and there is no executor within the Province\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"19 The word \"Bangladesh\" was substituted, for the words \"the Province\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"20 The word \"Bangladesh\" was substituted, for the words \"the Province\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"21 The word \"Bangladesh\" was substituted, for the words \"the Province within which the Court was granted the probate or letters of administration exercises jurisdiction\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"22 The word \"Bangladesh\" was substituted, for the words \"the Province\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"23 The words \"Supreme Court\" were substituted, for the words \"High Court\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"24 Proviso was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"25 The commas and the words \", throughout the Province in which the same is or are granted,\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"26 The word \"Bangladesh\" was substituted, for the words \"the Province\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"27 The last two paragraphs of section 273 were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"28 The words \"District Courts\" were substituted, for the words \"other High Courts\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"29 The words \"to which such District Judge is subordinate and to each of the other High Courts\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"30 The words \"in English or\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"31 The words \"than English or\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"32 The words \"the High Court Division\" were substituted, for the words \"no High Court\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"33 The words \"shall not\" were substituted, for the word \"shall\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"34 The words \"Supreme Court\" were substituted, for the words \"High Court\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"35 The words \"situate in each Province\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"36 The word and figure \"Taka 333.33\" were substituted, for the word and figure \"rupees 333-5-4\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"37 The word and figure \"Taka 666.67\" were substituted, for the word and figure \"rupees 666-10-8\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"38 The words \"Sonali Bank\" were substituted, for the words \"National Bank of Pakistan\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"39 The words \"Supreme Court\" were substituted, for the words \"High Court\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"40 The words \"Supreme Court\" were substituted, for the words \"High Court\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"41 The words \"or of a Provincial Government\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"42 Clause (b) of sub-section (2) of section 370 was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"43 The words \"Supreme Court\" were substituted, for the words \"High Court\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"44 Section 379 was substituted, for section 379 by section 1 of the Finance Act, 1996 (Act No. XVIII of 1996)",
"45 Paragraphs second and third of section 380 were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"46 The words and commas \"to a resident within an Acceding State by a District Judge of that State, or,\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"47 The words \"Judge or\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Succession Act, 1925",
"num_of_sections": 395,
"published_date": "30th September, 1925",
"related_act": [
33,
153,
99,
161,
138,
430,
148,
149,
150,
151,
152,
25,
154,
155,
86,
21,
158,
159
],
"repelled": false,
"sections": [
{
"act_id": 138,
"details": "1. This Act may be called the Succession Act, 1925.",
"name": "Short title",
"related_acts": "138",
"section_id": 1
},
{
"act_id": 138,
"details": "2. In this Act, unless there is anything repugnant in the subject or context,- (a) \t\"administrator\" means a person appointed by competent authority to administer the estate of a deceased person when there is no executor; (b) \t\"codicil\" means an instrument made in relation to a will and explaining, altering or adding to its dispositions, and shall be deemed to form part of the will; 1(bb) \t\"District Judge\" means the Judge of a principal Civil Court of original jurisdiction; (c) \t\"executor\" means a person to whom the execution of the last will of a deceased person is, by the testator's appointment, confided; (d)\t\"Bangladesh Christian\" means a citizen of Bangladesh who is, or in good faith claims to be, of unmixed Asiatic descent and who professes any form of the Christian religion; (e)\t\"minor\" means any person subject to the Majority Act, 1875, who has not attained his majority within the meaning of that Act, and any other person who has not completed the age of eighteen years; and \"minority\" means the status of any such person; (f)\t\"probate\" means the copy of a will certified under the seal of a Court of competent jurisdiction with a grant of administration to the estate of the testator; 2* * * (h)\t\"will\" means the legal declaration of the intention of a testator with respect to his property which he desires to be carried into effect after his death.",
"name": "Definitions",
"related_acts": "33",
"section_id": 2
},
{
"act_id": 138,
"details": "3. (1) The Government may, by notification in the official Gazette, either retrospectively from the sixteenth day of March, 1865, or prospectively, exempt from the operation of any of the following provisions of this Act, namely, sections 5 to 49, 58 to 191, 212, 213 and 215 to 369, the members of any race, sect or tribe 3* * *, or of any part of such race, sect or tribe, to whom the Government considers it impossible or inexpedient to apply such provisions or any of them mentioned in the order. (2) The Government may, by a like notification, revoke any such order, but not so that the revocation shall have retrospective effect. 4(3) Persons exempted under this section are referred to as \"exempted persons\".",
"name": "Power of Government to exempt any race, sect or tribe from operation of Act",
"related_acts": "",
"section_id": 3
},
{
"act_id": 138,
"details": "4. This Part shall not apply if the deceased was a Hindu, Muslim, Buddhist, Sikh or Jaina.",
"name": "Application of Part",
"related_acts": "",
"section_id": 4
},
{
"act_id": 138,
"details": "5.(1) Succession to the immoveable property in Bangladesh of a person deceased shall be regulated by the law of Bangladesh, wherever such person may have had his domicile at the time of his death. (2) Succession to the moveable property of a person deceased is regulated by the law of the country in which such person had his domicile at the time of his death. Illustrations (i) A, having his domicile in Bangladesh dies in France, leaving moveable property in France, moveable property in England, and property, both moveable and immoveable, in Bangladesh. The succession to the whole is regulated by the law of Bangladesh. (ii) A, an Englishman, having his domicile in France, dies in Bangladesh and leaves property, both moveable and immoveable, in Bangladesh. The succession to the moveable property is regulated by the rules which govern, in France, the succession to the moveable property of an Englishman dying domiciled in France, and the succession to the immoveable property is regulated by the law of Bangladesh.",
"name": "Law regulating succession to deceased person's immoveable and moveable property respectively",
"related_acts": "",
"section_id": 5
},
{
"act_id": 138,
"details": "6. A person can have only one domicile for the purpose of the succession to his moveable property.",
"name": "One domicile only affects succession to moveables",
"related_acts": "",
"section_id": 6
},
{
"act_id": 138,
"details": "7. The domicile of origin of every person of legitimate birth is in the country in which at the time of his birth his father was domiciled; or, if he is a posthumous child, in the country in which his father was domiciled at the time of the father's death. At the time of the birth of A, his father was domiciled in England, A's domicile of origin is in England, whatever may be the country in which he was born.",
"name": "Domicile of origin of person of legitimate birth",
"related_acts": "",
"section_id": 7
},
{
"act_id": 138,
"details": "8. The domicile of origin of an illegitimate child is in the country in which, at the time of his birth, his mother was domiciled.",
"name": "Domicile of origin of illegitimate child",
"related_acts": "",
"section_id": 8
},
{
"act_id": 138,
"details": "9. The domicile of origin prevails until a new domicile has been acquired.",
"name": "Continuance of domicile of origin",
"related_acts": "",
"section_id": 9
},
{
"act_id": 138,
"details": "10. A man acquires a new domicile by taking up his fixed habitation in a country which is not that of this domicile of origin. Explanation.-A man is not to be deemed to have taken up his fixed habitation in Bangladesh merely by reason of his residing there in the civil, military, naval or air force service of Bangladesh or in the exercise of any profession or calling. Illustrations (i) A, whose domicile of origin is in England, proceeds to Bangladesh, where he settles as a barrister or a merchant, intending to reside there during the remainder of his life. His domicile is now in Bangladesh. (ii) A, whose domicile is in England, goes to Austria, and enters the Austrain service, intending to remain in that service. A has acquired a domicile in Austria. (iii) A, whose domicile of origin is in France, comes to reside in Bangladesh under a engagement with the Government for a certain number of years. It is his intention to return to France at the end of that period. He does not acquire a domicile in Bangladesh. (iv) A, whose domicile is in England, goes to reside in Bangladesh for the purpose of winding up the affairs of a partnership which has been dissolved, and with the intention of returning to England as soon as that purpose is accomplished. He does not by such residence acquire a domicile in Bangladesh, however long the residence may last. (v) A, having gone to reside in Bangladesh in the circumstances mentioned in the last preceding illustration, afterwards alters his intention, and takes up his fixed habitation in Bangladesh. A has acquired a domicile in Bangladesh. (vi) A, whose domicile is in the French Settlement of Chandernagore, is compelled by political events to take refuge in Dhaka, and resides in Dhaka for many years in the hope of such political changes as may enable him to return with safety to Chandernagore. He does not by such residence acquire a domicile in Bangladesh. (vii) A, having come to Dhaka in the circumstances stated in the last preceding illustration, continues to reside there after such political changes have occurred as would enable him to return with safety to Chandernagore, and he intends that his residence in Dhaka shall be permanent. A has acquired a domicile in Bangladesh.",
"name": "Acquisition of new domicile",
"related_acts": "",
"section_id": 10
},
{
"act_id": 138,
"details": "11. Any person may acquire a domicile in Bangladesh, by making and depositing in some office in Bangladesh, appointed in this behalf by the Government, a declaration in writing under his hand of his desire to acquire such domicile; provided that he has been resident in Bangladesh for one year immediately preceding the time of his making such declaration.",
"name": "Special mode of acquiring domicile in Bangladesh",
"related_acts": "",
"section_id": 11
},
{
"act_id": 138,
"details": "12. A person who is appointed by the Government of one country to be its ambassador, consul or other representative in another country does not acquire a domicile in the latter country by reason only of residing there in pursuance of his appointment; nor does any other person acquire such domicile by reason only of residing with such first-mentioned person as part of his family, or as a servant.",
"name": "Domicile not acquired by residence as representative of foreign Government, or as part of his family",
"related_acts": "",
"section_id": 12
},
{
"act_id": 138,
"details": "13. A new domicile continues until the former domicile has been resumed or another has been acquired.",
"name": "Continuance of new domicile",
"related_acts": "",
"section_id": 13
},
{
"act_id": 138,
"details": "14. The domicile of a minor follows the domicile of the parent from whom he derived his domicile of origin. Exception.-The domicile of a minor does not change with that of his parent, if the minor is married, or holds any office or employment in the service of 5the Republic, or has set up, with the consent of the parent, in any distinct business.",
"name": "Minor's Domicile",
"related_acts": "",
"section_id": 14
},
{
"act_id": 138,
"details": "15. By marriage a woman acquires the domicile of her husband, if she had not the same domicile before.",
"name": "Domicile acquired by woman on marriage",
"related_acts": "",
"section_id": 15
},
{
"act_id": 138,
"details": "16. A wife's domicile during her marriage follows the domicile of her husband. Exception.-The wife's domicile no longer follows that of her husband if they are separated by the sentence of a competent Court, or if the husband is undergoing a sentence of transportation.",
"name": "Wife's domicile during marriage",
"related_acts": "",
"section_id": 16
},
{
"act_id": 138,
"details": "17. Save as hereinbefore otherwise provided in this Part, a person cannot, during minority, acquire a new domicile.",
"name": "Minor's acquisition of new domicile",
"related_acts": "",
"section_id": 17
},
{
"act_id": 138,
"details": "18. An insane person cannot acquire a new domicile in any other way than by his domicile following the domicile of another person.",
"name": "Lunatic's acquisition of new domicile",
"related_acts": "",
"section_id": 18
},
{
"act_id": 138,
"details": "19. If a person dies leaving moveable property in Bangladesh, in the absence of proof of any domicile elsewhere, succession to the property is regulated by the law of Bangladesh.",
"name": "Succession to moveable property in Bangladesh, in absence of proof of domicile elsewhere",
"related_acts": "",
"section_id": 19
},
{
"act_id": 138,
"details": "20. (1) No person shall, by marriage, acquire any interest in the property of the person whom he or she marries or become incapable of doing any act in respect of his or her own property which he or she could have done if unmarried. (2) This section- (a)\tshall not apply to any marriage contracted before the first day of January, 1866; (b)\tshall not apply, and shall be deemed never to have applied, to any marriage one or both of the parties to which professed at the time of the marriage the Hindu, Muslim, Buddhist, Sikh or Jaina religion.",
"name": "Interests and powers not acquired nor lost by marriage",
"related_acts": "",
"section_id": 20
},
{
"act_id": 138,
"details": "21. If a person whose domicile is not in Bangladesh marries in Bangladesh, a person whose domicile is in Bangladesh, neither party acquires by the marriage any rights in respect of any property of the other party not comprised in a settlement made previous to the marriage, which he or she would not acquire thereby if both were domiciled in Bangladesh at the time of the marriage.",
"name": "Effect of marriage between person domiciled and one not domiciled in Bangladesh",
"related_acts": "",
"section_id": 21
},
{
"act_id": 138,
"details": "22. The property of a minor may be settled in contemplation of marriage, provided the settlement is made by the minor with the approbation of the minor's father, or, if the father is dead or absent from Bangladesh, with the approbation of the High Court Division. (2) Nothing in this section or in section 21 shall apply to any will made or intestacy occurring before the first day of January, 1866, or to intestate or testamentary succession to the property of any Hindu, Muslim, Buddhist, Sikh or Jaina.",
"name": "Settlement of minor's property in contemplation of marriage",
"related_acts": "",
"section_id": 22
},
{
"act_id": 138,
"details": "23. Nothing in this Part shall apply to any will made or intestacy occurring before the first day of January, 1866, or to intestate or testamentary succession to the property of any Hindu, Muslim, Buddhist, Sikh, Jaina or Parsi.",
"name": "Application of Part",
"related_acts": "",
"section_id": 23
},
{
"act_id": 138,
"details": "24. Kindred or consanguinity is the connection or relation of persons descended from the same stock or common ancestor.",
"name": "Kindred or consanguinity",
"related_acts": "",
"section_id": 24
},
{
"act_id": 138,
"details": "25. (1) Lineal consanguinity is that which subsists between two persons, one of whom is descended in a direct line from the other, as between a man and his father, grandfather and great-grandfather, and so upwards in the direct ascending line; or between a man and his son, grandson, great-grandson and so downwards in the direct descending line. (2) Every generation constitutes a degree, either ascending or descending. (3) A person's father is related to him in the first degree, and so likewise is his son; his grandfather and grandson in the second degree; his great-grandfather and great-grandson in the third degree, and so on.",
"name": "Lineal consanguinity",
"related_acts": "",
"section_id": 25
},
{
"act_id": 138,
"details": "26. (1) Collateral consanguinity is that which subsists between two persons who are descended from the same stock or ancestor, but neither of whom is descended in a direct line from the other. (2) For the purpose of ascertaining in what degree of kindred any collateral relative stands to a person deceased, it is necessary to reckon upwards from the person deceased to the common stock and then downwards to the collateral relative, a degree being allowed for each person, both ascending and descending.",
"name": "Collateral consanguinity",
"related_acts": "",
"section_id": 26
},
{
"act_id": 138,
"details": "27. For the purpose of succession, there is no distinction- (a)\tbetween those who are related to a person deceased through his father, and those who are related to him through his mother; or (b)\tbetween those who are related to a person deceased by the full blood, and those who are related to him by the half blood; or (c)\tbetween those who were actually born in the lifetime of a person deceased and those who at the date of his death were only conceived in the womb, but who have been subsequently born alive.",
"name": "Persons held for purpose of succession to be similarly related to deceased",
"related_acts": "",
"section_id": 27
},
{
"act_id": 138,
"details": "28. Degrees of kindred are computed in the manner set forth in the table of kindred set out in Schedule I. Illustrations (i) The person whose relatives are to be reckoned, and his cousin-german, or first cousin, are, as shown in the table, related in the fourth degree; there being one degree of ascent to the father and another to the common ancestor, the grandfather; and from him one of descent to the uncle, and another to the cousin-german, making in all four degrees. (ii) A grandson of the brother and a son of the uncle, i.e., a great nephew and a cousin-german, are in equal degree being each four degrees removed. (iii) A grandson of a cousin-german is in the same degree as the grandson of a great-uncle, for they are both in the sixth degree of kindred.",
"name": "Mode of computing of degrees of kindred",
"related_acts": "",
"section_id": 28
},
{
"act_id": 138,
"details": "29. (1) This Part shall not apply to any intestacy occurring before the first day of January, 1866, or to the property of any Hindu, Muslim, Buddhist, Sikh or Jaina. (2) Save as provided in sub-section (1) or by any other law for the time being in force, the provisions of this Part shall constitute the law of Bangladesh in all cases of intestacy.",
"name": "Application of Part",
"related_acts": "",
"section_id": 29
},
{
"act_id": 138,
"details": "30. A person is deemed to die intestate in respect of all property of which he has not made a testamentary disposition which is capable of taking effect. Illustrations (i) A has left no will. He has died intestate in respect of the whole of his property. (ii) A has left a will, whereby he has appointed B his executor; but the will contains no other provisions. A has died intestate in respect of the distribution of his property. (iii) A has bequeathed his whole property for an illegal purpose. A has died intestate in respect of the distribution of his property. (iv) A has bequeathed 1,000 Taka to B and 1,000 Taka to the eldest son of C, and has made no other bequest: and has died leaving the sum of 2,000 Taka and no other property. C died before A without having ever had a son. A has died intestate in respect of the distribution of 1,000 Taka.",
"name": "As to what property deceased considered to have died intestate",
"related_acts": "",
"section_id": 30
},
{
"act_id": 138,
"details": "31. Nothing in this Chapter shall apply to Parsis.",
"name": "Chapter not to apply to Parsis",
"related_acts": "",
"section_id": 31
},
{
"act_id": 138,
"details": "32. The property of an intestate devolves upon the wife or husband, or upon those who are of the kindred of the deceased, in the order and according to the rules hereinafter contained in this chapter. Explanation.-A widow is not entitled to the provision hereby made for her if, by a valid contract made before her marriage, she has been excluded from her distributive share of her husband's estate.",
"name": "Devolution of such property",
"related_acts": "",
"section_id": 32
},
{
"act_id": 138,
"details": "33. Where the intestate has left a widow- (a)\tif he has also left any lineal descendants, one-third of his property shall belong to his widow, and the remaining two-thirds shall go to his lineal descendants, according to the rules hereinafter contained; (b)\tsave as provided by section 33A, if he has left no lineal descendant, but has left persons who are of kindred to him, one-half of his property shall belong to his widow, and the other half shall go to those who are of kindred to him, in the order and according to the rules hereinafter contained; (c)\tif he has left none who are of kindred to him, the whole of his property shall belong to his widow.",
"name": "Where intestate has left widow and lineal descendants, or widow and kindred only, or widow and no kindred",
"related_acts": "",
"section_id": 33
},
{
"act_id": 138,
"details": "633A. (1) Where the intestate has left a widow but no lineal descendants and the net value of his property does not exceed five thousand Taka the whole of his property shall belong to the widow. (2) Where the net value of the property exceeds the sum of five thousand Taka, the widow shall be entitled to five thousand Taka thereof and shall have a charge upon the whole of such property for such sum of five thousand Taka, with interest thereon from the date of the death of the intestate at 4 per cent, per annuam until payment. (3) The provision for the widow made by this section shall be in addition and without prejudice to her interest and share in the residue of the estate of such intestate remaining after payment of the said sum of five thousand Taka, with interest asaforesaid, and such residue shall be distributed in accordance with the provisions of section 33 as if it were the whole of such intestate's property. (4) The net value of the property shall be ascertained by deducting from the gross value thereof all debts, and all funeral and administration expenses of the intestate, and all other lawful liabilities and charges to which the property shall be subject. (5) This section shall not apply- (a)\tto the property of- (i)\tany Bangladesh Christian, (ii)\tany child or grandchild of any male person who is or was at the time of his death a Bangladesh Christian, or (iii)\tany person professing the Hindu, Buddhist, Sikh or Jaina religion the succession to whose property is, under section 24 of the Special Marriage Act, 1872, regulated by the provisions of this Act; (b)\tunless the deceased dies intestate in respect of all his property.",
"name": "Special provision where intestate has left widow and no lineal descendants",
"related_acts": "25",
"section_id": 34
},
{
"act_id": 138,
"details": "34. Where the intestate has left no widow, his property shall go to his lineal descendants or to those who are of kindred to him, not being lineal descendants, according to the rules hereinafter contained; and, if he has left none who are of kindred to him, it shall go to the Government.",
"name": "Where intestate has left no widow, and where he has left no kindred",
"related_acts": "",
"section_id": 35
},
{
"act_id": 138,
"details": "35. A husband surviving his wife has the same rights in respect of her property, if she dies intestate, as a widow has in respect of her husband's property, if he dies intestate. Distribution where there are lineal descendants",
"name": "Rights of widowerDistribution where there are lineal descendants",
"related_acts": "",
"section_id": 36
},
{
"act_id": 138,
"details": "36. The rules for the distribution of the intestate's property (after deducting the widow's share, if he has left a widow) amongst his lineal descendants shall be those contained in sections 37 to 40.",
"name": "Rules of distribution",
"related_acts": "",
"section_id": 37
},
{
"act_id": 138,
"details": "37. Where the intestate has left surviving him a child or children, but no more remote lineal descendant through a deceased child, the property shall belong to his surviving child, if there is only one, or shall be equally divided among all his surviving children.",
"name": "Where intestate has left child or children only",
"related_acts": "",
"section_id": 38
},
{
"act_id": 138,
"details": "38. Where the intestate has not left surviving him any child, but has left a grandchild or grandchildren and no more remote descendant through a deceased grandchild, the property shall belong to his surviving grandchild if there is only one, or shall be equally divided among all his surviving grandchildren. Illustrations (i) A has three children, and no more, John, Mary, and Henry. They all die before the father, John leaving two children, Mary three and Henry four. Afterwards A dies intestate, leaving those nine grandchildren and no descendant of any deceased grandchild. Each of his grandchildren will have one ninth. (ii) But if Henry has died, leaving no child, then the whole is equally divided between the intestate's five grandchildren, the children of John and Mary.",
"name": "Where intestate has left no child, but grandchild or grand-children",
"related_acts": "",
"section_id": 39
},
{
"act_id": 138,
"details": "39. In like manner the property shall go to the surviving lineal descendants who are nearest in degree to the intestate, where they are all in the degree of great-grandchildren to him, or are all in a more remote degree.",
"name": "Where intestate has left only great grandchildren or remoter lineal descendants",
"related_acts": "",
"section_id": 40
},
{
"act_id": 138,
"details": "40. (1) If the intestate has left lineal descendants who do not all stand in the same degree of kindred to him, and the persons through whom the more remote are descended from him are dead, the property shall be divided into such a number of equal shares as may correspond with the number of the lineal descendants of the intestate who either stood in the nearest degree of kindred to him at his decease, or, having been of the like degree of kindred to him, died before him, leaving lineal descendants who survived him. (2) One of such shares shall be allotted to each of the lineal descendants who stood in the nearest degree of kindred to the intestate at his decease; and one of such shares shall be allotted in respect of each of such deceased lineal descendants; and the share allotted in respect of each of such deceased lineal descendants shall belong to his surviving child or children or more remote lineal descendants, as the case may be; such surviving child or children or more remote lineal descendants always taking the share which his or their parent or parents would have been entitled to respectively if such parent or parents had survived the intestate. Illustrations (i) A had three children, Jhon, Mary and Henry; John died, leaving four children, and Mary died, leaving one, and Henry alone survived the father. On the death of A, intestate, one-third is allotted to Henry, one-third to John's four children and the remaining third to Mary's one child. (ii) A left no child, but left eight grandchildren, and two children of a deceased grandchild. The property is divided into nine parts, one of which is allotted to each grandchild, and the remaining one-ninth is equally divided between the two great-granchildren. (iii) A has three children, John, Mary and Henry; John dies leaving four children; and one of John's children dies leaving two children. Mary dies leaving one child. A afterwards dies intestate. One-third of his property is allotted to Henry, one-third to Mary's child, and one-third is divided into four parts, one of which is allotted to each of John's three surviving children, and the remaining part is equally divided between John's two grandchildren. (iv) A has two children, and no more; John and Mary. John dies before his father, leaving his wife pregnant. Then A dies leaving Mary surviving him and in due time a child of John is born. A's property is to be equally divided between Mary and the posthumous child. Distribution where there are no lineal descendants",
"name": "Where intestate leaves lineal desendants not all in same degree of kindred to him, and those through whom the more remote are descended are deadDistribution where there are no lineal descendants",
"related_acts": "",
"section_id": 41
},
{
"act_id": 138,
"details": "41. Where an intestate has left no lineal descendants, the rules for the distribution of his property (after deducting the widow's share, if he has left a widow shall be those contained in sections 42 to 48.",
"name": "Rules of distribution where intestate has left no lineal descendants",
"related_acts": "",
"section_id": 42
},
{
"act_id": 138,
"details": "42. If the intestate's father is living, he shall succeed to the property.",
"name": "Where intestate's father living",
"related_acts": "",
"section_id": 43
},
{
"act_id": 138,
"details": "43. If the intestate's father is dead, but the intestate's mother living and there are also brothers or sisters of the intestate living, and there is no child living of any deceased brother or sister, the mother and each living brother or sister shall succeed to the property in equal shares. Illustration A dies intestate survived by his mother and two brothers of the full blood, John and Henry, and a sister Mary, who is the daughter of his mother but not of his father. The mother takes one-fourth, each brother takes one-fourth and Mary, the sister of half blood, takes one-fourth.",
"name": "Where intestate's father dead but his mother, brothers and sisters living",
"related_acts": "",
"section_id": 44
},
{
"act_id": 138,
"details": "44. If the intestate's father is dead, but the intestate's mother is living, and if any brother or sister and the child or children of any brother or sister who may have died in the intestate's lifetime are also living, then the mother and each living brother or sister, and the living child or children or each deceased brother or sister, shall be entitled to the property in equal shares, such children (if more than one) taking in equal shares only the shares which their respective parents would have taken if living at the intestate's death. Illustration A, the intestate, leaves his mother, his brothers John and Henry, and also one child of a deceased sister, Mary, and two children of George, a deceased brother of the half blood who was the son of his father but not of his mother. The mother takes one-fifth, John and Henry each takes one-fifth, the child of Mary takes one-fifth, and the two children of George divide the remaining one-fifth equally between them.",
"name": "Where intestate's father dead and his mother, a brother or sister, and children of any deceased brother or sister, living",
"related_acts": "",
"section_id": 45
},
{
"act_id": 138,
"details": "45. If the intestate's father is dead, but the intestate's mother is living, and the brothers and sisters are all dead, but all or any of them have left children who survived the intestate, the mother and the child or children of each deceased brother or sister shall be entitled to the property in equal shares, such children (if more than one) taking in equal shares only the shares which their respective parents would have taken if living at the intestate's death. A, the intestate, leaves no brother or sister, but leaves his mother and one child of a deceased sister, Mary, and two children of a deceased brother, George. The mother takes one-third, the child of Mary takes one-third, and the children of George divide the remaining one-third equally between them.",
"name": "Where intestate's father dead and his mother and children of any deceased brother or sister living",
"related_acts": "",
"section_id": 46
},
{
"act_id": 138,
"details": "46. If the intestate's father is dead, but the intestate's mother is living, and there is neither brother, nor sister, nor child of any brother or sister of the intestate, the property shall belong to the mother.",
"name": "Where intestate's father dead, but his mother living and no sister, brother, nephew or niece",
"related_acts": "",
"section_id": 47
},
{
"act_id": 138,
"details": "47. Where the intestate has left neither lineal descendant, nor father, nor mother, the property shall be divided equally between his brothers and sisters and the child or children of such of them as may have died before him, such children (if more than one) taking in equal shares only the shares which their respective parents would have taken if living at the intestate's death.",
"name": "Where intestate has left neither lineal descendant, nor father, nor mother",
"related_acts": "",
"section_id": 48
},
{
"act_id": 138,
"details": "48. Where the intestate has left neither lineal descendant, nor parent, nor brother, nor sister, his property shall be divided equally among those of his relatives who are in the nearest degree of kindred to him. Illustrations (i) A, the intestate, has left a grandfather, and a grandmother and no other relative standing in the same or a nearer degree of kindred to him. They, being in the second degree, will be entitled to the property in equal shares, exclusive of any uncle or aunt of the intestate, uncles and aunts being only in the third degree. (ii) A, the intestate, has left a great-grandfather, or a great-grandmother, and uncles and aunts, and no other relative standing in the same or a nearer degree of kindred to him. All of these being in the third degree will take equal shares. (iii) A, the intestate, left a great-grandfather, an uncle and a nephew, but no relative standing in a nearer degree of kindred to him. All of these being in the third degree will take equal shares. (iv) Ten children of one brother or sister of the intestate, and one child of another brother or sister of the intestate, constitute the class of relatives of the nearest degree of kindred to him. They will each take one-eleventh of the property.",
"name": "Where intestate has left neither lineal descendant, nor parent, nor brother, nor sister",
"related_acts": "",
"section_id": 49
},
{
"act_id": 138,
"details": "49. Where a distributive share in the property of a person who has died intestate is claimed by a child, or any descendant of a child, of such person, no money or other property which the intestate may, during his life, have paid, given or settled to, or for the advancement of, the child by whom or by whose descendant the claim is made shall be taken into account in estimating such distributive share.",
"name": "Children's advancements not brought into hotchpot",
"related_acts": "",
"section_id": 50
},
{
"act_id": 138,
"details": "50. For the purpose of intestate succession among Parsis- (a)\tthere is no distinction between those who were actually born in the lifetime of a person ceased and those who at the date of his death were only conceived in the womb, but who have been subsequently born alive; (b)\ta lineal descendant of an intestate who has died in the lifetime of the intestate without leaving a widow or widower or any lineal descendant or a widow of any lineal descendant shall not be taken into account in determining the manner in which the property of which the intestate has died intestate shall be divided; and (c)\twhere a widow of any relative of an intestate has married again in the lifetime of the intestate, she shall not be entitled to receive any share of the property of which the intestate has died intestate, and she shall be deemed not to be existing at the intestate's death.",
"name": "General Principles relating to intestate successionc",
"related_acts": "",
"section_id": 51
},
{
"act_id": 138,
"details": "51. (1) Subject to the provisions of sub-section (2), the property of which a male Parsi dies intestate shall be divided- (a)\twhere he dies leaving a widow and children, among the widow and children, so that the share of each son and of the widow shall be double the share of each daughter, or (b)\twhere he dies leaving children but no widow, among the children, so that the share of each son shall be double the share of each daughter. (2) Where a male Parsi dies leaving one or both parents in addition to children or a widow and children, the property of which he dies intestate shall be divided so that the father shall receive a share equal to half the share of a son and the mother shall receive a share equal to half the share of a daughter.",
"name": "Division of a male intestate's property among his widow, children and parents",
"related_acts": "",
"section_id": 52
},
{
"act_id": 138,
"details": "52. The property of which a female Parsi dies intestate shall be divided- (a)\twhere she dies leaving a widower and children among the widower and children so that the widower and each child receive equal shares, or (b)\twhere she dies leaving children but no widower, among the children in equal shares.",
"name": "Division of a female intestate's property among her widower and children",
"related_acts": "",
"section_id": 53
},
{
"act_id": 138,
"details": "53. In all cases where a Parsi dies leaving any lineal descendant, if any child of such intestate has died in the lifetime of the intestate, the division of the share of the property of which the intestate has died intestate which such child would have taken if living at the intestate's death shall be in accordance with the following rules, namely:- (a)\tIf such deceased child was a son, his widow and children shall take shares in accordance with the provisions of this Chapter as if he had died immediately after the intestate's death: Provided that where such deceased son has left a widow or a widow of a lineal descendant but no lineal descendant, the residue of his share after such distribution has been made shall be divided in accordance with the provisions of this chapter as property of which the intestate has died intestate, and in making the division of such residue the said deceased son of the intestate shall not be taken into account. (b)\tIf such deceased child was a daughter, her share shall be divided equally among her children. (c)\tIf any child of such deceased child has also died during the lifetime of the intestate, the share which he or she would have taken if living at the intestate's death shall be divided in like manner in accordance with clause (a) or clause (b) as the case may be. (d)\tWhere a remoter lineal descendant of the intestate has died during the lifetime of the intestate, the provisions of clause (c) shall apply mutatis mutandis to the division of any share to which he or she would have been entitled if living at the intestate's death by reason of the predeceased of all the intestate's lineal descendants directly between him or her and the intestate.",
"name": "Division of share of predeceased child of intestate leaving lineal descendants",
"related_acts": "",
"section_id": 54
},
{
"act_id": 138,
"details": "54. Where a Parsi dies without leaving any lineal descendant but leaving a widow or widower or a widow of a lineal descendant, the property of which the intestate dies intestate shall be divided in accordance with the following rules, namely:- (a)\tIf the intestate leaves a widow or widower but no widow of a lineal descendant, the widow or widower shall take half the said property. (b)\tIf the intestate leaves a widow or widower and also a widow of any lineal descendant, his widow or her widower shall receive one-third of the said property, and the widow of any lineal descendant shall receive another one-third, or if there is more than one such widow, the last mentioned one-third shall be divided equally among them. (c)\tIf the intestate leaves no widow or widower but one widow of a lineal descendant, she shall receive one-third of the said property or, if the intestate leaves no widow or widower but more than one widow of a lineal descendant, two-thirds of the said property shall be divided among such widows in equal shares. (d)\tThe residue after the division specified in clause (a), (b) or (c) has been made shall be distributed among the relatives of the intestate in the order specified the relatives of the intestate in the order specified in Part I of Schedule II. The next-of-kin standing first in Part I of that Schedule shall be preferred to those standing second, the second to the third, and so on in succession, provided that the property shall be so distributed that each male shall take double the share of each female standing in the same degree of propinquity. (e)\tIf there are no relatives entitled to the residue under clause (d), the whole of the residue shall be distributed in proportion to the shares specified among the persons entitled to receive shares under this section.",
"name": "Division of property where intestate leaves no lineal descendant but leaves a widow or widower or a widow of any lineal descendant",
"related_acts": "",
"section_id": 55
},
{
"act_id": 138,
"details": "55. When a Parsi dies leaving neither lineal descendants nor a widow or widower nor a widow of any lineal descendant, his or her next-of-kin, in the order set forth in Part II of Schedule II, shall be entitled to succeed to the whole of the property of which he or she dies intestate. The next-of-kin standing first in Part II of that Schedule shall be preferred to those standing second, the second to the third, and so on in succession, provided that the property shall be so distributed that each male shall take double the share of each female standing in the same degree of propinquity.",
"name": "Division of property where intestate leaves neither lineal descendants nor a widow or widower nor a widow of any lineal descendant",
"related_acts": "",
"section_id": 56
},
{
"act_id": 138,
"details": "56. Where there is no relative entitled to succeed under the other provisions of this Chapter to the property of which a Parsi has died intestate, the said property shall be divided equally among those of the intestate's relatives who are in the nearest degree of kindred to him.",
"name": "Division of property where there is no relative entitled to succeed under the other provisions of this Chapter",
"related_acts": "",
"section_id": 57
},
{
"act_id": 138,
"details": "57. The provisions of this Part which are set out in Schedule III shall, subject to the restrictions and modifications specified therein, apply- (a)\tto all wills and codicils made by any Hindu, Buddhist, Sikh or Jaina, on or after the first day of September, 1870, within the territories 7of Bangladesh; and (b)\tto all such wills and codicils made outside those territories and limits so far as relates to immoveable property situate within those territories or limits; and (c)\tto all wills and codicils made by any Hindu, Buddhist, Sikh or Jaina on or after the 1st day of January, 1927, to which those provisions are not applied by clauses (a) and (b): Provided that marriage shall not revoke any such will or codicil.",
"name": "Application of certain provisions of Part to a class of wills made by Hindus, etc.",
"related_acts": "",
"section_id": 58
},
{
"act_id": 138,
"details": "58. (1) The provisions of this Part shall not apply to testamentary succession to the Property of any Muslim nor, save as provided by section 57, to testamentary succession to the property of any Hindu, Buddhist, Sikh or Jaina; nor shall they apply to any will made before the first day of January, 1866. (2) Save as provided in sub-section (1) or by any other law for the time being in force, the provisions of this Part shall constitute the law of Bangladesh applicable to all cases of testamentary succession.",
"name": "General application of Part",
"related_acts": "",
"section_id": 59
},
{
"act_id": 138,
"details": "59. Every person of sound mind not being a minor may dispose of his property by will. Explanation 1.-A married woman may dispose by will of any property which she could alienate by her own act during her life. Explanation 2.-Persons who are deaf or dumb or blind are not thereby incapacitated for making a will if they are able to know what they do by it. Explanation 3.-A person who is ordinarily insane may make a will during an interval in which he is of sound mind. Explanation 4.-No person can make a will while he is in such a state of mind, whether arising from intoxication or from illness or from any other cause, that he does not know what he is doing. (i) A can perceive what is going on in his immediate neighbourhood, and can answer familiar questions, but has not a competent understanding as to the nature of his property, or the persons who are kindred to him, or in whose favour it would be proper that he should make his will. A cannot make a valid will. (ii) A executes an instrument purporting to be his will, but he does not understand the nature of the instrument, nor the effect of its provisions. This instrument is not a valid will. (iii) A, being very feeble and debilitated, but capable of exercising a judgement as to the proper mode of disposing of his property, makes a will. This is a valid will. Illustrations (i) A can perceive what is going on in his immediate neighbourhood, and can answer familiar questions, but has not a competent understanding as to the nature of his property, or the persons who are kindred to him, or in whose favour it would be proper that he should make his will. A cannot make a valid will. (ii) A executes an instrument purporting to be his will, but he does not understand the nature of the instrument, nor the effect of its provisions. This instrument is not a valid will. (iii) A, being very feeble and debilitated, but capable of exercising a judgement as to the proper mode of disposing of his property, makes a will. This is a valid will.",
"name": "Person capable of making wills",
"related_acts": "",
"section_id": 60
},
{
"act_id": 138,
"details": "60. A father, whatever his age may be, may by will appoint a guardian or guardians for his child during minority.",
"name": "Testamentary guardian",
"related_acts": "",
"section_id": 61
},
{
"act_id": 138,
"details": "61. A will or any part of a will, the making of which has been caused by fraud or coercion, or by such importunity as takes away the free agency of the testator, is void. Illustrations (i) A falsely and knowingly represents to the testator that the testator's only child is dead, or that he has done some undutiful act and thereby induces the testator to make a will in his, A's, favour; such will has been obtained by fraud, and is invalid. (ii) A, by fraud and deception, prevails upon the testator to bequeath a legacy to him. The bequest is void. (iii) A, being a prisoner by lawful authority, makes his will. The will is not invalid by reason of the imprisonment. (iv) A threatens to shoot B, or to burn his house or to cause him to be arrested on a criminal charge, unless he makes a bequest in favour of C. B, in consequence, makes a bequest in favour of C. The bequest is void, the making of it having been caused by coercion. (v) A, being of sufficient intellect, if undisturbed by the influence of others, to make a will yet being so much under the control of B that he is not a free agent, makes a will, dictated by B. It appears that he would not have executed the will but for fear of B. The will is invalid. (vi) A, being in so feeble a state of health as to be unable to resist importunity, is pressed by B to make a will of a certain purport and does so merely to purchase peace and in submission to B. The will is invalid. (vii) A being in such a state of health as to be capable of exercising his own judgement and volition, B uses urgent intercession and persuasion with him to induce him to make a will of a certain purport. A, in consequence of the intercession and persuasion, but in the free exercise of his judgement and volition, makes his will in the manner recommended by B. The will is not rendered invalid by the intercession and persuasion of B. (viii) A, with a view to obtaining a legacy from B, pays him attention and flatters him and thereby produces in him a capricious partiality to A. B, in consequence of such attention and flattery, makes his will, by which he leaves a legacy to A. The bequest is not rendered invalid by the attention and flattery of A.",
"name": "Will obtained by fraud, coercion or importunity",
"related_acts": "",
"section_id": 62
},
{
"act_id": 138,
"details": "62. A will is liable to be revoked or altered by the maker of it at any time when he is competent to dispose of his property by will.",
"name": "Will may be revoked or altered",
"related_acts": "",
"section_id": 63
},
{
"act_id": 138,
"details": "63. Every testator, not being a soldier employed in an expedition or engaged in actual warfare, or an airman so employed or engaged, or a mariner at sea, shall execute his will according to the following rules:- (a)\tThe testator shall sign or shall affix his mark to the will, or it shall be signed by some other person in his presence and by his direction. (b)\tThe signature or mark of the testator, or the signature of the person signing for him, shall be so placed that it shall appear that it was intended thereby to give effect to the writing as a will. (c)\tThe will shall be attested by two or more witnesses, each of whom has seen the testator sign or affix his mark to the will or has seen some other person sign the will, in the presence and by the direction of the testator, or has received from the testator a personal acknowledgment of his signature or mark, or of the signature of such other person; and each of the witnesses shall sign the will in the presence of the testator, but it shall not be necessary that more than one witness be present at the same time, and no particular form of attestation shall be necessary.",
"name": "Execution of unprivileged wills",
"related_acts": "",
"section_id": 64
},
{
"act_id": 138,
"details": "64. If a testator, in a will or codicil duly attested, refers to any other document then actually written at expressing any part of his intentions, such document shall be deemed to form a part of the will or codicil in which it is referred to.",
"name": "Incorporation of papers by reference",
"related_acts": "",
"section_id": 65
},
{
"act_id": 138,
"details": "65. Any soldier being employed in an expedition or engaged in actual warfare, or an airman so employed or engaged, or any mariner being at sea, may, if he has completed the age of eighteen years, dispose of his property by a will made in the manner provided in section 66. Such wills are called privileged wills. Illustrations (i) A, a medical officer attached to a regiment, is actually employed in an expedition. He is a soldier actually employed in an expedition, and can make a privileged will. (ii) A is a sea in a merchant-ship, of which he is the purser. He is a mariner, and, being at sea, can make a privileged will. (iii) A, a soldier serving in the field against insurgents, is a soldier engaged in actual warfare, and as such can make a privileged will. (iv) A, a mariner of a ship, in the course of a voyage, is temporarily on shore while she is lying in harbour. He is, for the purposes of this section, a mariner at sea, and can make a privileged will. (v) A, an admiral who commands a naval force, but who lives on shore, and only occasionally goes on board his ship, is not considered as at sea, and cannot make a privileged will. (vi) A, a mariner serving on a military expedition, but not being at sea, is considered as a soldier, and can make a privileged will.",
"name": "Privileged wills",
"related_acts": "",
"section_id": 66
},
{
"act_id": 138,
"details": "66. (1) Privileged wills may be in writing, or may be made by word of mouth. (2) The execution of privileged wills shall be governed by the following rules:- (a)\tThe will may be written wholly by the testator, with his own hand. In such case it need not be signed or attested. (b)\tIt may be written wholly or in part by another person, and signed by the testator. In such case it need not be attested. (c)\tIf the instrument purporting to be a will is written wholly or in part by another person and is not signed by the testator, it shall be deemed to be his will, if it is shown that it was written by the testator's directions or that he recognised it as his will. (d)\tIf it appears on the face of the instrument that the execution of it in the manner intended by the testator was not completed, the instrument shall not, by reason of that circumstance, be invalid, provided that his non-execution of it can be reasonably ascribed to some cause other than the abandonment of the testamentary intentions expressed in the instrument. (e)\tIf the soldier, airman or mariner has written instructions for the preparation of his will, but has died before it could be prepared and executed, such instructions shall be considered to constitute his will. (f)\tIf the soldier, airman or mariner has, in the presence of two witnesses, given verbal instructions for the preparation of his will, and they have been reduced into writing in his lifetime, but he has died before the instrument could be prepared and executed, such instructions shall be considered to constitute his will, although they may not have been reduced into writing in his presence, nor read over to him. (g)\tThe soldier, airman or mariner may make a will by word of mouth by declaring his intentions before two witnesses present at the same time. (h)\tA will made by word of mouth shall be null at the expiration of one month after the testator, being still alive, has ceased to be entitled to make a privileged will.",
"name": "Mode of making, and rules for executing, privileged wills",
"related_acts": "",
"section_id": 67
},
{
"act_id": 138,
"details": "67. A will shall not be deemed to insufficiently attested by reason of any benefit thereby given either by way of bequest or by way of appointment to any person attesting it, or to his or her wife or husband; but the bequest or appointment shall be void so far as concerns the person so attesting, or the wife or husband of such person, or any person claiming under either of them. Explanation.-A legatee under a will does not lose his legacy by attesting a codicil which confirms the will.",
"name": "Effect of gift to attesting witness",
"related_acts": "",
"section_id": 68
},
{
"act_id": 138,
"details": "68. No person, by reason of interest in, or of his being an executor of, a will, shall be disqualified as a witness to prove the execution of the will or to prove the validity or invalidity thereof.",
"name": "Witness not disqualified by interest or by being executor",
"related_acts": "",
"section_id": 69
},
{
"act_id": 138,
"details": "69. Every will shall be revoked by the marriage of the maker, except a will make in exercise of a power of appointment, when the property over which the power of appointment is exercised would not, in default of such appointment, pass to his or her executor or administrator, or to the person entitled in case of intestacy. Explanation.-Where a man is invested with power to determine the disposition of property of which he is not the owner, he is said to have power to appoint such property.",
"name": "Revocation of will by testator's marriage",
"related_acts": "",
"section_id": 70
},
{
"act_id": 138,
"details": "70. No unprivileged will or codicil, nor any part thereof, shall be revoked otherwise than by marriage, or by another will or codicil, or by some writing declaring an intention to revoke the same and executed in the manner in which an unprivileged will is hereinbefore required to be executed, or by the burning, tearing or otherwise destroying the same by the testator or by some person in his presence and by his direction with the intention of revoking the same. Illustrations (i) A has made an unprivileged will. Afterwards, A makes another unprivileged will which purports to revoke the first. This is a revocation. (ii) A has made an unprivileged will. Afterwards, A, being entitled to make a privileged will, makes a privileged will, which purports to revoke his unprivileged will. This is a revocation.",
"name": "Revocation of unprivileged will or codicil",
"related_acts": "",
"section_id": 71
},
{
"act_id": 138,
"details": "71. No obliteration interlineation or other alteration made in any unprivileged will after the execution thereof shall have any effect, except so far as the words or meaning of the will have been thereby rendered illegible or undiscernible, unless such alteration has been executed in like manner as hereinbefore is required for the execution of the will: Provided that the will, as so altered, shall be deemed to be duly executed if the signature of the testator and the subscription of the witnesses is made in the margin or on some other part of the will opposite or near to such alteration, or at the foot or end of or opposite to a memorandum referring to such alteration, and written at the end or some other part of the will.",
"name": "Effect of obliteration, interlineations or alteration in unprivileged will",
"related_acts": "",
"section_id": 72
},
{
"act_id": 138,
"details": "72. A privileged will or codicil may be revoked by the testator by an unprivileged will or codicil, or by any act expressing an intention to revoke it and accompanied by such formalities as would be sufficient to give validity to a privileged will, or by the burning, tearing or otherwise destroying the same by the testator, or by some person in his presence and by his direction, with the intention of revoking the same. Explanation.-In order to the revocation of a privileged will or codicil by an act accompanied by such formalities as would be sufficient to give validity to a privileged will, it is not necessary that the testator should at the time of doing that act be in a situation which entitles him to make a privileged will.",
"name": "Revocation of privileged will or codicil",
"related_acts": "",
"section_id": 73
},
{
"act_id": 138,
"details": "73. (1) No unprivileged will or codicil, nor any part thereof, which has been revoked in any manner, shall be revived otherwise than by the re-execution thereof, or by a codicil executed in manner hereinbefore required, and showing an intention to revive the same. (2) When any will or codicil, which has been partly revoked and afterwards wholly revoked, is revived, such revival shall not extend to so much thereof as has been revoked before the revocation of the whole thereof, unless an intention to the contrary is shown by the will or codicil.",
"name": "Revival of unprivileged will",
"related_acts": "",
"section_id": 74
},
{
"act_id": 138,
"details": "74. It is not necessary that any technical words or terms of art be used in a will, but only that the wording be such that the intentions of the testator can be known therefrom.",
"name": "Wording of will",
"related_acts": "",
"section_id": 75
},
{
"act_id": 138,
"details": "75. For the purpose of determining questions as to what person or what property is denoted by any words used in a will, a Court shall inquire into every material fact relating to the persons who claim to be interested under such will, the property which is claimed as the subject of disposition, the circumstances of the testator and of his family, and into every fact a knowledge of which may conduce to the right application of the words which the testator has used. Illustrations (i) A, by his will, bequeaths 1,000 Taka to his eldest son or to his youngest grandchild, or to his cousin, Mary. A Court may make inquiry in order to ascertain to what person the description in the will applies. (ii) A, by his will, leaves to B \"my estate called Black Acre\". It may be necessary to take evidence in order to ascertain what is the subject-matter of the bequest; that is to say, what estate of the testator's is called Black Acre. (iii) A, by his will, leaves to B \"the estate which I purchased of C\". It may be necessary to take evidence in order to ascertain what estate the testator purchased of C.",
"name": "Inquiries to determine questions as to object or subject of will",
"related_acts": "",
"section_id": 76
},
{
"act_id": 138,
"details": "76. (1) Where the worlds used in a will to designate or describe a legatee or a class of legatees sufficiently show what is meant, an error in the name of description shall not prevent the legacy from taking effect. (2) A mistake in the name of a legatee may be corrected by a description of him, and a mistake in the description of a legatee may be corrected by the name. Illustrations (i) A bequeaths a legacy \"to Thomas, the second son of my brother John\". The testator has an only brother named John, who has no son named Thomas, but has a second son whose name is William. William will have the legacy. (ii) A bequeaths a legacy \"to Thomas, the second son of my brother John\". The testator has an only brother, named John, whose first son is named Thomas, and whose second son is named William. Thomas will have the legacy. (iii) The testator bequeaths his property \"to A and B, the legitimate children of C\". C has no legitimate child, but has two illegitimate children, A and B. The bequest to A and B takes effect, although they are illegitimate. (iv) The testator gives his residuary estate to be divided among \"my seven children\" and, proceeding to enumerate them, mentions six names only. This omission will not prevent the seventh child from taking a share with the others. (v) The testator, having six grandchildren, makes a bequest to \"my six grandchildren\" and, proceeding to mention them by their Christian names, mentions one twice over omitting another altogether. The one whose name is not mentioned will take a share with the others. (vi) The testator bequeaths \"1,000 Taka to each of the three children of A\". At the date of the will A has four children. Each of these four children will, if he survives the testator, receive a legacy of 1,000 Taka.",
"name": "Misnomer or misdescription of object",
"related_acts": "",
"section_id": 77
},
{
"act_id": 138,
"details": "77. Where any word material to the full expression of the meaning has been omitted, it may be supplied by the context. Illustration The testator gives a legacy of \"five hundred\" to his daughter A and a legacy of \"five hundred Taka\" to his daughter B. A will take a legacy of five hundred Taka.",
"name": "When words may be supplied",
"related_acts": "",
"section_id": 78
},
{
"act_id": 138,
"details": "78. If the thing which the testator intended to bequeath can be sufficiently identified from the description of it give in the will but some parts of the description do not apply, such parts of the description shall be rejected as erroneous, and the bequest shall take effect. Illustrations (i) A bequeaths to B \"my marsh-lands lying in Land in the occupation of X\". The testator had marsh-lands lying in L but had no marsh-lands in the occupation of X. The words \"in the occupation of X\" shall be rejected as erroneous, and the marsh-lands of the testator lying in L will pass by the bequest. (ii) The testator bequeaths to A \"my zamindari of Rampur\". He had an estate at Rampur but it was a taluq and not a zamindari. The taluq passes by this bequest.",
"name": "Rejection of erroneous particulars in description of subject",
"related_acts": "",
"section_id": 79
},
{
"act_id": 138,
"details": "79. If a will mentions several circumstances as descriptive of the thing which the testator intends to bequeath, and there is any property of his in respect of which all those circumstances exist, the bequest shall be considered as limited to such property, and it shall not be lawful to reject any part of the description as erroneous, because the testator had other property to which such part of the description does not apply. Explanation.-In judging whether a case falls within the meaning of this section, any words which would be liable to rejection under section 78 shall be deemed to have been struck out of the will. Illustrations (i) A bequeaths to B \"my marsh-lands lying in L and in the occupation of X\". The testator had marsh-lands lying in L, some of which were in the occupation of X, and some not in the occupation of X. The bequest will be considered as limited to such of the testator's marsh-lands lying in L as were in the occupation of X. (ii) A bequeaths to B \"my marsh-lands lying in L and in the occupation of X, comprising 1,000 bighas of lands\". The testator had marsh-lands lying in L some of which were in the occupation of X and some not in the occupation of X. The measurement is wholly inapplicable to the marsh-lands of either class, or to the whole taken together. The measurement will be considered as struck out of the will, and such of the testator's marsh-lands lying in L as were in the occupation of X shall alone pass by the bequest.",
"name": "When part of description may not be rejected as erroneous",
"related_acts": "",
"section_id": 80
},
{
"act_id": 138,
"details": "80. Where the words of a will are unambiguous, but it is found by extrinsic evidence that they admit of applications, one only of which can have been intended by the testator, extrinsic evidence may be taken to show which of these applications was intended. Illustrations (i) A man, having two cousins of the name of Mary, bequeaths a sum of money to \"my cousin Mary\". It appears that there are two persons, each answering the description in the will. That description, therefore, admits of two applications, only one of which can have been intended by the testator. Evidence is admissible to show which of the two applications was intended. (ii) A, by his will, leaves to B \"my estate called Sultanpur Khurd\". It turns out that he had two estates called Sultanpur Khurd. Evidence is admissible to show which estate was intended.",
"name": "Extrinsic evidence admissible in cases of patent ambiguity",
"related_acts": "",
"section_id": 81
},
{
"act_id": 138,
"details": "81. Where there is an ambiguity or deficiency on the face of a will, no extrinsic evidence as to the intentions of the testator shall be admitted. Illustrations (i) A man has an aunt, Caroline, and a cousin, Mary, and has no aunt of the name of Mary. By his will he bequeaths 1,000 Taka to \"my aunt, Caroline\" and 1,000 Taka to \"my cousin, Mary\" and afterwards bequeaths 2,000 Taka to \"my before-mentioned aunt, Mary\". There is no person to whom the description given in the will can apply, and evidence is not admissible to show who was meant by \"my before-mentioned aunt, Mary\". The bequest is therefore void for uncertainty under section 89. (ii) A bequeaths 1,000 Taka to leaving a blank for the name of the legatee. Evidence is not admissible to show what name the testator intended to insert. (iii) A bequeaths to B Taka or \"my estate of \". Evidence is not admissible to show what sum or what estate the testator intended to insert.",
"name": "Extrinsic evidence inadmissible in case of patent ambiguity or deficiency",
"related_acts": "",
"section_id": 82
},
{
"act_id": 138,
"details": "82. The meaning of any clause in a will is to be collected from the entire instrument, and all its parts are to be construed with reference to each other. Illustrations (i) The testator gives to B a specific fund or property at the death of A, and by a subsequent clause gives the whole of his property to A. The effect of the several clauses taken together is to vest the specific fund or property in A for life, and after his decease in B; it appearing from the bequest to B that the testator meant to use in a restricted sense the words in which he describes what he gives to A. (ii) Where a testator having an estate, one part of which is called Blank Acre, bequeaths the whole of his estate to A, and in another part of his will bequeaths Black Acre to B, the latter bequest is to be read as an exception out of the first as if he had said \"I give Black Acre to B, and all the rest of my estate to A\".",
"name": "Meaning of clause to be collected from entire will",
"related_acts": "",
"section_id": 83
},
{
"act_id": 138,
"details": "83. General words may be understood in a restricted sense where it may be collected from the will that the testator meant to use them in a restricted sense; and words may be understood in a wider sense than that which they usually bear, where it may be collected from the other words of the will that the testator meant to use them in such wider sense. Illustrations (i) A testator gives to A \"my farm in the occupation of B\", and to C \"all my marsh-land in L\". Part of the farm in the occupation of B consists of marsh-lands in L, and the testator also has other marsh-lands in L. The general words, \"all my marsh-lands in L,\" are restricted by the gift to A. A takes the whole of the farm in the occupation of B, including that portion of the farm which consists of marsh-lands in L. (ii) The testator (a sailor on ship-board) bequeathed to his mother his gold ring, buttons and chest of clothes, and to his friend, A (a shipmate), his red box, clasp-knife and all things not before bequeathed. The testator's share in a house does not pass to A under this bequest. (iii) A, by his will, bequeathed to B all his household furniture, plate, linen, china, books, pictures and all other goods of whatever kind; and afterwards bequeathed to B a specified part of his property. Under the first bequest, B is entitled only to such articles of the testator's as are of the same nature with the articles therein enumerated.",
"name": "When words may be understood in restricted sense, and when in sense wider than usual",
"related_acts": "",
"section_id": 84
},
{
"act_id": 138,
"details": "84. Where a clause is susceptible of two meanings according to one of which it has some effect, and according to the other of which it can have none, the former shall be preferred.",
"name": "Which of two possible constructions preferred",
"related_acts": "",
"section_id": 85
},
{
"act_id": 138,
"details": "85. No part of a will shall be rejected as destitute of meaning if it is possible to put a reasonable construction upon it.",
"name": "No part rejected, if it can be reasonably construed",
"related_acts": "",
"section_id": 86
},
{
"act_id": 138,
"details": "86. If the same words occur in different parts of the same will, they shall be taken to have been used everywhere in the same sense, unless a contrary intention appears.",
"name": "Interpretation of words repeated in different parts of will",
"related_acts": "",
"section_id": 87
},
{
"act_id": 138,
"details": "87. The intention of the testator shall not be set aside because it cannot take effect to the full extent, but effect is to be given to it as far as possible. Illustration The testator by a will made on his death-bed bequeathed all his property to C D for life and after his decease to a certain hospital. The intention of the testator cannot take effect to its full extent, because the gift to the hospital is void under section 118, but it will take effect so far as regards the gift to C D.",
"name": "Testator's intention to be effectuated as far as possible",
"related_acts": "",
"section_id": 88
},
{
"act_id": 138,
"details": "88. Where two clauses or gifts in a will are irreconcileable, so that they cannot possibly stand together, the last shall prevail. Illustrations (i) The testator by the first clause of his will leaves his estate of Rangpur \"to A\" and by the last clause of his will leaves it \"to B and not to A\". B will have it. (ii) If a man at the commencement of his will gives his house to A, and at the close of it directs that his house shall be sold and the proceeds invested for the benefit of B, the latter disposition will prevail.",
"name": "The last of two inconsistent clauses prevails",
"related_acts": "",
"section_id": 89
},
{
"act_id": 138,
"details": "89. A will or bequest not expressive of any definite intention is void for uncertainty. Illustration If a testator says \"I bequeath goods to A\", or \"I bequeath to A\", or \"I leave to A all the goods mentioned in the Schedule\" and no Schedule is found, or \"I bequeath 'money', 'wheat', 'oil,\" or the like, without saying how much, this is void.",
"name": "Will or bequest void for uncertainty",
"related_acts": "",
"section_id": 90
},
{
"act_id": 138,
"details": "90. The description contained in a will of property, the subject of gift, shall, unless a contrary intention appears by the will, be deemed to refer to and comprise the property answering that description at the death of the testator.",
"name": "Words describing subject refer to property answering description at testator's death",
"related_acts": "",
"section_id": 91
},
{
"act_id": 138,
"details": "91. Unless a contrary intention appears by the will, a bequest of the estate of the testator shall be construed to include any property which he may have power to appoint by will to any object he may think proper, and shall operate as an execution of such power; and a bequest of property described in a general manner shall be construed to include any property to which such description may extend, which he may have power to appoint by will to any object he may think proper, and shall operate as an execution of such power.",
"name": "Power of appointment executed by general bequest",
"related_acts": "",
"section_id": 92
},
{
"act_id": 138,
"details": "92. Where property is bequeathed to or for the benefit of certain objects as a specified person may appoint or for the benefit of certain objects in such proportions as a specified person may appoint, and the will does not provide for the event of no appointment being made; if the power given by the will is not exercised, the property belongs to all the objects of the power in equal shares. Illustration A, by his will, bequeaths a fund to his wife, for her life, and directs that at her death it shall be divided among his children in such proportions as she shall appoint. The widow dies without having made any appointment. The fund will be divided equally among the children.",
"name": "Implied gift to objects of power in default of appointment",
"related_acts": "",
"section_id": 93
},
{
"act_id": 138,
"details": "93. Where a bequest is made to the \"heirs\" or \"right heirs\" or \"relations\" or \"nearest relations\" or \"family\" or \"kindered\" or \"nearest of kin\" or \"next-of-kin\" or a particular person without any qualifying terms, and the class so designated forms the direct and independent object of the bequest, the property bequeathed shall be distributed as if it had belonged to such person and he had died intestate in respect of it, leaving assets for the payment of his debts independently of such property. Illustrations (i) A leaves his property \"to my own nearest relations\". The property goes to those who would be entitled to it if A had died intestate, leaving assets for the payment of his debts independently of such property. (ii) A bequeaths 10,000 Taka \"to B for his life, and, after the death of B, to my own right heirs\". The legacy after B's death belongs to those who would be entitled to it if it had formed part of A's unbequeathed property. (iii) A leaves his property to B; but if B dies before him, to B's next of kin; B dies before A; the property devolves as if it had belonged to B, and he had died intestate, leaving assets for the payment of his debts independently of such property. (iv) A leaves 10,000 Taka \"to B for his life, and after his decease to the heirs of C\". The legacy goes as if it had belonged to C, and he had died intestate, leaving assets for the payment of his debts independently of the legacy.",
"name": "Bequest to \"heirs\", etc., of particular person without qualifying terms",
"related_acts": "",
"section_id": 94
},
{
"act_id": 138,
"details": "94. Where a bequest is made to the \"representatives\" or \"legal representatives\" or \"personal representatives\" or \"executors or administrators\" of a particular person, and the class so designated forms the direct and independent object of the bequest, the property bequeathed shall be distributed as if it had belonged to such person and he had died intestate in respect of it. Illustration A bequest is made to the \"legal representatives\" of A. A has died intestate and insolvent. B is his administrator. B is entitled to receive the legacy, and will apply it in the first place to the discharge of such part of A's debts as may remain unpaid: if there be any surplus B will pay it to those persons who at A's death would have been entitled to receive any property of A's which might remain after payment of his debts, or to the representatives of such persons.",
"name": "Bequest to \"representatives,\" etc., of particular person",
"related_acts": "",
"section_id": 95
},
{
"act_id": 138,
"details": "95. Where property is bequeathed to any person, he is entitled to the whole interest of the testator therein, unless it appears from the will that only a restricted interest was intended for him.",
"name": "Bequest without words of limitation",
"related_acts": "",
"section_id": 96
},
{
"act_id": 138,
"details": "96. Where property is bequeathed to a person with a bequest in the alternative to another person or to a class of persons, then, if a contrary intention does not appear by the will, the legatee first named shall be entitled to the legacy if he is alive at the time when it takes effect; but if he is then dead, the person or class of persons named in the second branch of the alternative shall take the legacy. Illustrations (i) A bequest is made to A or to B. A survives the testator. B takes nothing. (ii) A bequest is made to A or to B. A dies after the date of the will, and before the testator. The legacy goes to B. (iii) A bequest is made to A or to B. A is dead at the date of the will. The legacy goes to B. (iv) Property is bequeathed to A or his heirs. A survives the testator. A takes the property absolutely. (v) Property is bequeathed to A or his nearest of kin. A dies in the lifetime of the testator. Upon the death of the testator, the bequest to A's nearest of kin takes effect. (vi) Property is bequeathed to A for life, and after his death to B or his heirs. A and B survive the testator. B dies in A's lifetime. Upon A's death the bequest to the heirs of B takes effect. (vii) Property is bequeathed to A for life, and after his death to B or his heirs. B dies in the testator's lifetime. A survives the testator. Upon A's death the bequest to the heirs of B takes effect.",
"name": "Bequest in alternative",
"related_acts": "",
"section_id": 97
},
{
"act_id": 138,
"details": "97. Where property is bequeathed to a person, and words are added which describe a class of persons but do not denote them as direct objects of a distinct and independent gift, such person is entitled to the whole interest of the testator therein, unless a contrary intention appears by the will. Illustrations (i)\tA bequest is made- to A and his children, to A and his children by his present wife, to A and his heirs, to A and his heirs of his body, to A and his heirs male of his body, to A and his heirs female of his body, to A and his issue, to A and his family, to A and his descendants, to A and his representatives, to A and his personal representatives, to A, his executors and administrators, In each of these cases, A takes the whole interest which the testator had in the property. (ii) A bequest is made to A and his brothers. A and his brothers are jointly entitled to the legacy. (iii) A bequest is made to A for life and after his death to his issue. At the death of A the property belongs in equal shares to all persons who then answer the description of issue of A.",
"name": "Effect of words describing a class added to bequest to person",
"related_acts": "",
"section_id": 98
},
{
"act_id": 138,
"details": "98. Where a bequest is made to a class of persons under a general description only, no one to whom the words of the description are not in their ordinary sense applicable shall take the legacy.",
"name": "Bequest to class of persons under general description only",
"related_acts": "",
"section_id": 99
},
{
"act_id": 138,
"details": "99. In a will- (a)\tthe word \"children\" applies only to lineal descendants in the first degree of the person whose \"children\" are spoken of; (b)\tthe word \"grandchildren\" applies only to lineal descendants in the second degree of the person whose \"grandchildren\" are spoken of; (c)\tthe words \"nephews\" and \"nieces\" apply only to children of brothers or sisters; (d)\tthe words \"cousins\", or \"first cousins\", or \"cousins-german\", apply only to children of brothers or of sisters of the father or mother of the person whose \"cousins\", or \"first cousins\", or \"cousins-german\", are spoken of; (e)\tthe words \"first cousins once removed\" apply only to children of cousins-german, or to cousins-german of a parent of the person whose \"first cousins once removed\" are spoken of; (f)\tthe words \"second cousins\" apply only to grand-children of brothers or of sisters of the grandfather or grandmother of the person whose \"second cousins\" are spoken of; (g)\tthe words \"issue\" and \"descendants\" apply to all lineal descendants whatever of the person whose \"issue\" or \"descendants\" are spoken of; (h)\twords expressive of collateral relationship apply alike to relatives of full and of blood; and (i)\tall words expressive of relationship apply to a child in the womb who is afterwards born alive.",
"name": "Construction of terms",
"related_acts": "",
"section_id": 100
},
{
"act_id": 138,
"details": "100. In the absence of any intimation to the contrary in a will, the word \"child\", the word \"son\", the word \"daughter\", or any word which expresses relationship, is to be understood as denoting only a legitimate relative, or, where there is no such legitimate relative, a person who has acquired, at the date of the will, the reputation of being such relative. Illustrations (i) A having three children, B, C and D, of whom B and C are legitimate and D is illegitimate, leaves his property to be equally divided among \"my children\". The property belongs to B and C in equal shares, to the exclusion of D. (ii) A, having a niece of illegitimate birth, who has acquired the reputation of being his niece, and having no legitimate niece, bequeaths a sum of money to his nice. The illegitimate niece is entitled to the legacy. (iii) A, having in his will enumerated his children, and named as one of them B, who is illegitimate, leaves a legacy to \"my said children\". B will take a share in the legacy along with the legitimate children. (iv) A leaves a legacy to \"the children of B\". B is dead and has left none but illegitimate children. All those who had at the date of the will acquired the reputation of being the children of B are objects of the gift. (v) A bequeaths a legacy to \"the children of B\". B never had any legitimate child. C and D had, at the date of the will, acquired the reputation of being children of B. After the date of the will and before the death of the testator, E and F were born, and acquired the reputation of being children of B. Only C and D are objects of the bequest. (vi) A makes a bequest in favour of his child by a certain woman, not his wife. B had acquired at the date of the will the reputation of being the child of A by the woman designated. B takes the legacy. (vii) A makes a bequest in favour of his child to be born of a woman who never becomes his wife. The bequest is void. (viii) A makes a bequest in favour of the child of which a certain woman, not married to him, is pregnant. The bequest is valid.",
"name": "Words expressing relationship denote only legitimate relatives or failing such relatives reputed legitimate",
"related_acts": "",
"section_id": 101
},
{
"act_id": 138,
"details": "101. Where a will purports to make two bequests to the same person, and a question arises whether the testator intended to make the second bequest instead of or in addition to the first; if there is nothing in the will to show what he intended, the following rules shall have effect in determining the construction to be put upon the will:- (a)\tIf the same specific thing is bequeathed twice to the same legatee in the same will or in the will and again in the codicil, he is entitled to receive that specific thing only. (b)\tWhere one and the same will or one and the same codicil purports to make, in two places, a bequest to the same person of the same quantity or amount of anything, he shall be entitled to one such legacy only. (c)\tWhere two legacies of unequal amount are given to the same person in the same will, or in the same codicil, the legatee is entitled to both. (d)\tWhere two legacies, whether equal or unequal in amount, are given to the same legatee, one by a will and the other by a codicil, or each by a different codicil, the legatee is entitled to both legacies. Explanation.-In clauses (a) to (d) of this section, the word \"will\" does not include a codicil. Illustrations (i) A, having ten shares, and no more, in the Imperial Bank of India, made his will, which contains near its commencement the words \"I bequeath my ten shares in the Imperial Bank of India to B\". After other bequests, the will concludes with the words \"and I bequeath may ten shares in the Imperial Bank of India to B\". B is entitled simply to receive A's ten shares in the Imperial Bank of India. (ii) A, having one diamond ring, which was given him by B, bequeaths to C the diamond ring which was given by B. A afterwards made a codicil to his will, and thereby, after giving other legacies, he bequeathed to C the diamond ring which was given him by B. C can claim nothing except the diamond ring which was given to A by B. (iii) A, by his will, bequeaths to B the sum of 5,000 Taka and afterwards in the same will repeats the bequest in the same words. B is entitled to one legacy of 5,000 Taka only. (iv) A, by his will, bequeaths to B the sum of 5,000 Taka and afterwards in the same will bequeaths to B the sum of 6,000 Taka B is entitled to receive 11,000 Taka. (v) A, by his will, bequeaths to B 5,000 Taka and by a codicil to the will he bequeaths to him 5,000 Taka. B is entitled to receive 10,000 Taka. (vi) A, by codicil to his will, bequeaths to B 5,000 Taka and by another codicil bequeaths to him 6,000 Taka. B is entitled to receive 11,000 Taka. (vii) A, by his will, bequeaths \"500 Taka to B because she was my nurse\", and in another part of the will bequeaths 500 Taka to B \"because she went to England with my children\". B is entitled to receive 1,000 Taka. (viii) A, by his will, bequeaths to B the sum of 5,000 Taka and also, in another part of the will, an annuity of 400 Taka B is entitled to both legacies. (ix) A, by his will, bequeaths to B the sum of 5,000 Taka and also bequeaths to him the sum of 5,000 Taka if he shall attain the age of 18. B is entitled absolutely to one sum of 5,000 Taka, and takes a contingent interest in another sum of 5,000 Taka.",
"name": "Rules of construction where will purports to make two bequests to same person",
"related_acts": "",
"section_id": 102
},
{
"act_id": 138,
"details": "102. A residuary legatee may be constituted by any words that show an intention on the part of the testator that the person designated shall take the surplus or residue of his property. Illustrations (i) A makes her will, consisting of several testamentary papers, in one of which are contained the following words:\"I think there will be something left after all funeral expenses, etc., to give to B, now at school, towards equipping him to any profession he may hereafter be appointed to\". B is constituted residuary legatee. (ii) A makes his will, with the following passage at the end of it:\"I believe there will be found sufficient in my banker's hands to defray and discharge my debts, which I hereby desire B to do, and keep the residue for her own use and pleasure\". B is constituted the residuary legatee. (iii) A bequeaths all his property to B, except certain stocks and funds, which he bequeaths to C. B is the residuary legatee.",
"name": "Constitution of residuary legatee",
"related_acts": "",
"section_id": 103
},
{
"act_id": 138,
"details": "103. Under a residuary bequest, the legatee is entitled to all property belonging to the testator at the time of his death, of which he has not made any other testamentary disposition which capable of taking effect. Illustration A by his will bequeaths certain legacies, of which one is void under section 118, and another lapses by the death of the legatee. He bequeaths the residue of his property to B. After the date of his will A purchases a zamindari, which belongs to him at the time of his death. B is entitled to the two legacies and the zamindari as part of the residue.",
"name": "Property to which residuary legatee entitled",
"related_acts": "",
"section_id": 104
},
{
"act_id": 138,
"details": "104. If a legacy is given in general terms, without specifying the time when it is to be paid, the legatee has a vested interest in it from the day of the death of the testator, and, if he dies without having received it, it shall pass to his representa-tives.",
"name": "Time of vesting legacy in general terms",
"related_acts": "",
"section_id": 105
},
{
"act_id": 138,
"details": "105. (1) If the legatee does not survive the testator, the legacy cannot take effect, but shall lapse and form part of the residue of the testator's property, unless it appears by the will that the testator intended that it should go to some other person. (2) In order to entitle the representatives of the legatee to receive the legacy, it must be proved that he survived the testator. Illustrations (i) The testator bequeaths to B \"500 Taka which B owes me\". B dies before the testator; the legacy lapses. (ii) A bequest is made to A and his children. A dies before the testator, or happens to be dead when the will is made. The legacy to A and his children lapses. (iii) A legacy is given to A, and in case of his dying before the testator, to B. A dies before the testator. The legacy goes to B. (iv) A sum of money is bequeathed to A for life, and after his death to B. A dies in the lifetime of the testator; B survives the testator. The bequest to B takes effect. (v) A sum of money is bequeathed to A on his completing his eighteenth year, and in case he should die before he completes his eighteenth year, to B. A completes his eighteenth year, and dies in the lifetime of the testator. The legacy to A lapses, and the bequest to B does not take effect. (vi) The testator and the legatee perished in the same ship-wreck. There is no evidence to show which died first. The legacy lapses.",
"name": "In what case legacy lapses",
"related_acts": "",
"section_id": 106
},
{
"act_id": 138,
"details": "106. If a legacy is given to two persons jointly, and one of them dies before the testator, the other legatee takes the whole. Illustration The legacy is simply to A and B. A dies before the testator. B takes the legacy.",
"name": "Legacy does not lapse if one of two joint legatees die before testator",
"related_acts": "",
"section_id": 107
},
{
"act_id": 138,
"details": "107. If a legacy is given to legatees in words which show that the testator intended to give them distinct shares of it, then, if any legatee dies before the testator, so much of the legacy as was intended for him shall fall into the residue of the testator's property. Illustration A sum of money is bequeathed to A, B and C, to be equally divided among them. A dies before the testator. B and C will only take so much as they would have had if A had survived the testator.",
"name": "Effect of words showing testator's intention to give distinct shares",
"related_acts": "",
"section_id": 108
},
{
"act_id": 138,
"details": "108. Where a share which lapses is a part of the general residue bequeathed by the will, that share shall go as undisposed of. Illustration The testator bequeaths the residue of his estate to A, B and C, to be equally divided between them. A dies before the testator. His one-third of the residue goes as undisposed of.",
"name": "When lapsed share goes as undisposed of",
"related_acts": "",
"section_id": 109
},
{
"act_id": 138,
"details": "109. Where a bequest has been made to any child or other lineal descendant of the testator, and the legatee dies in the life-time of the testator, but any lineal descendant of his survives the testator, the bequest shall not lapse, but shall take effect as if the death of the legatee had happened immediately after the death of the testator, unless a contrary intention appears by the will. A makes his will, by which he bequeaths a sum of money to his son, B, for his own absolute use and benefit. B dies before A, leaving a son, C, who survives A, and having made his will whereby he bequeaths all his property to his widow, D. The money goes to D.",
"name": "When bequest to testator's child or lineal descendant does not lapse on his death in testator's lifetime",
"related_acts": "",
"section_id": 110
},
{
"act_id": 138,
"details": "110. Where a bequest is made to one person for the benefit of another, the legacy does not lapse by the death, in the testator's lifetime, of the person to whom the bequest is made.",
"name": "Bequest to A for benefit of B does not lapse by A's death",
"related_acts": "",
"section_id": 111
},
{
"act_id": 138,
"details": "111. Where a bequest is made simply to a described class of persons, the thing bequeathed shall go only to such as are alive at the testator's death. Exception.-If property is bequeathed to a class of persons described as standing in a particular degree of kindred to a specified individual, but their possession of it is deferred until a time later than the death of the testator by reason of a prior bequest or otherwise, the property shall at that time go to such of them as are then alive, and to the representatives of any of them who have died since the death of the testator. Illustrations (i) A bequeaths 1,000 Taka to \"the children of B\" without saying when it is to be distributed among them. B had died previous to the date of the will, leaving three children, C, D and E. E died after the date of the will, but before the death of A. C and D survive A. The legacy will belong to C and D, to the exclusion of the representatives of E. (ii) A lease for years of a house was bequeathed to A for his life, and after his decease to the children of B. At the death of the testator, B had two children living, C and D, and he never had any other child. Afterwards, during the lifetime of A, C died, leaving E, his executor. D has survived A. D and E are jointly entitled to so much of the lease-hold term as remains unexpired. (iii) A sum of money was bequeathed to A for her life, and after her decease, to the children of B. At the death of the testator, B had two children living, C and D, and, after that event, two children, E and F, were born to B. C and E died in the lifetime of A, C having made will, E having made no will. A has died, leaving D and F surviving her. The legacy is to be divided into four equal parts, one of which is to be paid to the executor of C, one to D, one to the administrator of E and one to F. (iv) A bequeaths one-third of his lands to B for his life, and after his decease to the sisters of B. At the death of the testator, B had two sisters living, C and D, and after that event another sister E was born. C died during the life of B, D and E have survived B. One-third of A's lands belong to D, E and the representatives of C, in equal shares. (v) A bequeaths 1,000 Taka to B for life and after his death equally among the children of C. Up to the death of B, C had not had any child. The bequest after the death of B is void. (vi) A bequeaths 1,000 Taka to \"all the children born or to be born\" of B to be divided among them at the death of C. At the death of the testator, B has two children living, D and E. After the death of the testator, but in the lifetime of C, two other children, F and G, are born to B. After the death of C, another child is born to B. The legacy belongs to D, E, F and G, to the exclusion of the after-born child of B. (vii) A bequeaths a fund to the children of B, to be divided among them when the eldest shall attain majority. At the testator's death, B had one child living, named C. He afterwards and two other children, named D and E. E died, but C and D were living when C attained majority. The fund belongs to C, D and the representatives of E, to the exclusion of any child who may be born to B after C's attaining majority.",
"name": "Survivorship in case of bequest to described class",
"related_acts": "",
"section_id": 112
},
{
"act_id": 138,
"details": "112. Where a bequest is made to a person by a particular description, and there is no person in existence at the testator's death who answers the description, the bequest is void. Exception.-If property is bequeathed to a person described as standing in a particular degree of kindred to a specified individual, but his possession of it is deferred until a time later than the death of the testator, by reason of a prior bequest or otherwise; and if a person answering the description is alive at the death of the testator, or comes into existence between that event and such later time, the property shall, at such later time, go to that person, or, if he is dead, to his representatives. Illustrations (i) A bequeaths 1,000 Taka to the eldest son of B. At the death of the testator, B has no son. The bequest is void. (ii) A bequeaths 1,000 Taka to B for life, and after his death to the eldest son of C. At the death of the testator, C had no son. Afterwards, during the life of B, a son is born to C. Upon B's death the legacy goes to C's son. (iii) A bequeaths 1,000 Taka to B for life, and after his death to the eldest son of C. At the death of the testator. C had no son. Afterwards during the life of B, a son, named D, is born to C. D dies, then B dies. The legacy goes to the representative of D. (iv) A bequeaths his estate of Green Acre to B for life, and at his decease, to the eldest son of C. Up to the death of B, C has had no son. The bequest to C's eldest son is void. (v) A bequeaths 1,000 Taka to the eldest son of C, to be paid to him after the death of B. At the death of the testator C has no son, but a son is afterwards born to him during the life of B and is alive at B's death. C's son is entitled to the 1,000 Taka.",
"name": "Bequest to person by particular description, who is not in existence at testator's death",
"related_acts": "",
"section_id": 113
},
{
"act_id": 138,
"details": "113. Where a bequest is made to a person not in existence at the time of the testator's death, subject to a prior bequest contained in the will, the later bequest shall be void, unless it comprises the whole of the remaining interest of the testator in the thing bequeathed. Illustrations (i) Property is bequeathed to A for his life, and after his death to his eldest son for life, and after the death of the latter to his eldest son. At the time of the testator's death, A has no son. Here the bequest to A's eldest son is a bequest to a person not in existence at the testator's death. It is not a bequest of the whole interest that remains to the testator. The bequest to A's eldest son for his life is void. (ii) A fund is bequeathed to A for his life, and after his death to his daughters. A survives the testator. A has daughters some of whom were not in existence at the testator's death. The bequest to A's daughters comprises the whole interest that remains to the testator in the thing bequeathed. The bequest to A's daughters is valid. (iii) A fund is bequeathed to A for his life, and after his death to his daughters, with a direction that, if any of them marries under the age of eighteen, her portion shall be settled so that it may belong to herself for life and may be divisible among her children after her death. A has no daughters living at the time of the testator's death, but has daughters born afterwards who survive him. Here the direction for a settlement has the effect in the case of each daughter who marries under eighteen of substituting for the absolute bequest to her a bequest to her merely for her life; that is to say, a bequest to a person not in existence at the time of the testator's death of something which is less than the whole interest that remains to the testator in the thing bequeathed. The direction to settle the fund is void. (iv) A bequeaths a sum of money to B for life, and directs that upon the death of B the fund shall be settled upon his daughters, so that the portion of each daughter may belong to herself for life, and may be divided among her children after her death. B has no daughter living at the time of t he testator's death. In this case the only bequest to the daughters of B is contained in the direction to settle the fund, and this direction amounts to a bequest to persons not yet born, of a life-interest in the fund, that is to say, of something which is less than the whole interest that remains to the testator in the thing bequeathed. The direction to settle the fund upon the daughters of B is void.",
"name": "Bequest to person not in existence at testator's death subject to prior bequest",
"related_acts": "",
"section_id": 114
},
{
"act_id": 138,
"details": "114. No bequest is valid whereby the vesting of the thing bequeathed may be delayed beyond the lifetime of one or more persons living at the testator's death and the minority of some person who shall be in existence at the expiration of that period, and to whom, if he attains full age, the thing bequeathed is to belong. Illustrations (i) A fund is bequeathed to A for his life and after his death to B for his life; and after B's death to such of the sons of B as shall first attain the age of 25. A and B survive the testator. Here the son of B who shall first attain the age of 25 may be a son born after the death of the testator; such son may not attain 25 until more than 18 years have elapsed from the death of the longer liver of A and B; and the vesting of the fund may thus be delayed beyond the lifetime of A and B and the minority of the sons of B. The bequest after B's death is void. (ii) A fund is bequeathed to A for his life, and after his death to B for his life, and after B's death to such of B's sons as shall first attain the age of 25. D dies in the lifetime of the testator, leaving one or more sons. In this case the sons of B are persons living at the time of the testator's decease, and the time when either of them will attain 25 necessarily falls within his own lifetime. The bequest is valid. (iii) A fund is bequeathed to A for his life, and after his death to B for his life, with a direction that after B's death it shall be divided amongst such of B's children as shall attain the age of 18, but that, if no child of B shall attain that age, the fund shall go to C. Here the time for the division of the fund must arrive at the latest at the expiration of 18 years from the death of B, a person living at the testator's decease. All the bequests are valid. (iv) A fund is bequeathed to trustees for the benefit of the testator's daughters, with a direction that, if any of them marry under age, her share of the fund shall be settled so as to devolve after her death upon such of her children as shall attain the age of 18. Any daughter of the testator to whom the direction applies must be in existence at his decease and any portion of the fund which may eventually be settled as directed must vest not later than 18 years from the death of the daughters whose share it was. All these provisions are valid.",
"name": "Rule against perpetuity",
"related_acts": "",
"section_id": 115
},
{
"act_id": 138,
"details": "115. If a bequest is made to a class of persons with regard to some of whom it is inoperative by reason of the provisions of section 113, or section 114, such bequest shall be void in regard to those persons only and not in regard to the whole class. Illustrations (i) A fund is bequeathed to A for life, and after his death to all his children who shall attain the age of 25. A survives the testator, and has some children living at the testator's death. Each child of A's living at the testator's death must attain the age of 25 (if at all) within the limits allowed for a bequest. But A may have children after the testator's decease, some of whom may not attain the age of 25 until more than 18 years have elapsed after the decease of A. The bequest to A's children, therefore, is in operative as to any child born after the testator's death, and in regard to those who do not attain the age of 25 within 18 years after A's death, but is operative in regard to the other children of A. (ii) A fund is bequeathed to A for his life, and after his death to B, C, D and all other children of A who shall attain the age of 25. B, C, D are children of A living at the testator's decease. In all other respects the case is the same as that supposed in illustration (i). Although the mention of B, C and D does not prevent the bequest from being regarded as a bequest to a class, it is not wholly void. It is operative as regards any of the children B, C or D, who attains the age of 25 within 18 years after A's death.",
"name": "Bequest to a class some of whom may come under rules in sections 113 and 114",
"related_acts": "",
"section_id": 116
},
{
"act_id": 138,
"details": "116. Where by reason of any of the rules contained in sections 113 and 114, any bequest in favour of a person or of a class of persons is void in regard to such person or the whole of such class, any bequest contained in the same will and intended to take effect after or upon failure of such prior bequest is also void. (i) A fund is bequeathed to A for his life, and after his death to such of his sons as shall first attain the age of 25, for his life, and after the decease of such son to B. A and B survive the testator. The bequest to B is intended to take effect after the bequest to such of the sons of A as shall first attain the age of 25, which bequest is void under section 114. The bequest to B is void. (ii) A fund is bequeathed to A for his life, and after his death to such of his sons as shall first attain the age of 25, and, if no son of A shall attain that age, to B. A and B survive the testator. The bequest to B is intended to take effect upon failure of the bequest to such of A's sons as shall first attain the age of 25, which bequest is void under section 114. The bequest to B is void.",
"name": "Bequest to take effect on failure of prior bequest",
"related_acts": "",
"section_id": 117
},
{
"act_id": 138,
"details": "117. (1) Where the terms of a will direct that the income arising from any property shall be accumulated either wholly or in part during any period longer than a period of eighteen years from the death of the testator, such direction shall, save as hereinafter provided, be void to the extent to which the period during which the accumulation is directed exceeds the aforesaid period, and at the end of such period of eighteen years the property and the income thereof shall be disposed of as if the period during which the accumulation has been directed to be made had elapsed. (2) This section shall not affect any direction for accumulation for the purpose of- (i)\tthe payment of the debts of the testator or any other person taking any interest under the will, or (ii)\tthe provision of portions for children or remoter issue of the testator or of any other person taking any interest under the will, or (iii)\tthe preservation or maintenance of any property bequeathed; and such direction may be made accordingly.",
"name": "Effect of direction for accoumulation",
"related_acts": "",
"section_id": 118
},
{
"act_id": 138,
"details": "118. No man having a nephew or nice or any nearer relative shall have power to bequeath any property to religious or charitable uses, except by a will executed not less than twelve months before his death, and deposited within six months from its execution in some place provided by law for the safe custody of the wills of living persons. Illustrations A having a nephew makes a bequest by a will not executed and deposited as required- for the relief of poor people; for the maintenance of sick soldiers; for the erection or support of a hospital; for the education and preferment of orphans; for the support of scholars; for the erection or support of a school; for the building and repairs of a bridge; for the making of roads; for the erection or support of a church; for the repairs of a church; for the benefit of ministers of religion; for the formation or support of a public garden. All these bequests are void.",
"name": "Bequest to religious or charitable uses",
"related_acts": "",
"section_id": 119
},
{
"act_id": 138,
"details": "119. Where by the terms of a bequest the legatee is not entitled to immediate possession of the thing bequeathed, a right to receive it at the proper time shall, unless a contrary intention appears by the will, become vested in the legatee on the testator's death, and shall pass to the legatee's representatives if he dies before that time and without having received the legacy, and in such cases the legacy is from the testator's death said to be vested in interest.appears by the will, become vested in the legatee on the testator's death, and shall pass to the legatee's representatives if he dies before that time and without having received the legacy, and in such cases the legacy is from the testator's death said to be vested in interest.120. (1) A legacy bequeathed in case a specified uncertain event shall happen does not vest until that event happens. (2) A legacy bequeathed in case a specified uncertain event shall not happen does not vest until the happening of that event becomes impossible. (3) In either case, until the condition has been fulfilled, the interest of the legatee is called contingent. Exception.-Where a fund is bequeathed to any person upon his attaining a particular age, and the will also gives to him absolutely the income to arise from the fund before he reaches Exception.Where a fund is bequeathed to any person upon his attaining a particular age, and the will also gives to him absolutely the income to arise from the fund before he reaches that age, or directs the income, or so much of it as may be necessary, to be applied for his benefit, the bequest of the fund is not contingent. Illustrations (i) A legacy is bequeathed to D in case A, B and C shall all die under the age of 18. D has a contingent interest in the legacy until A, B and C all die under 18, or one of them attains that age. (ii) A sum of money is bequeathed to A \"in case he shall attain the age of 18\", or \"when he shall attain the age of 18\". A's interest in the legacy is contingent until the condition is fulfilled by his attaining that age. (iii) An estate is bequeathed to A for life, and after his death to B if B shall then be living; but if B shall not be then living to C. A, B and C survive the testator. B and C each take a contingent interest in the estate until the event which is to vest it in one or in the other has happened. (iv) An estate is bequeathed as in the case last supposed. B dies in the lifetime of A and C. Upon the death of B, C acquires a vested right to obtain possession of the estate upon A's death. (v) A legacy is bequeathed to A when she shall attain the age of 18, or shall marry under that age with the consent of B, with a proviso that, if she neither attains 18 nor marries under that age with B's consent, the legacy shall go to C. A and C each take a contingent interest in the legacy. A attains the age of 18. A becomes absolutely entitled to the legacy although she may have married under 18 without the consent of B. (vi) An estate is bequeathed to A until he shall marry and after that event B. B's interest in the bequest is contingent until the condition is fulfilled by A's marrying. (vii) An estate is bequeathed to A until he shall take advantage of any law for the relief of insolvent debtors, and after that event to B. B's interest in the bequest is contingent until A take advantage of such a law. (viii) An estate is bequeathed to A if he shall pay 500 Taka to B. A's interest in the bequest is contingent until he has paid 500 Taka to B. (ix) A leaves his farm of Sultanpur Khurd to B, if B shall convey his own farm of Sultanpur Buzurg to C. B's interest in the bequest is contingent until he has conveyed the latter farm to C.(x) A fund is bequeathed to A if B shall not marry C within five years after the testator's death. A's interest in the legacy is contingent until the conditions is fulfilled by the expiration of the five years without B's having married C, or by the occurrence within that period of an event which makes the fulfilment of the conditions impossible. (xi) A fund is bequeathed to A if B shall not make any provision for him by will. The legacy is contingent until B's death. (xii) A bequeaths to B 500 Taka a year upon his attaining the age of 18, and directs that the interest, or a competent part thereof shall be applied for his benefit until he reaches that age. The legacy is vested. (xiii) A bequeaths to B 500 Taka when he shall attain the age of 18, and directs that a certain sum, out of another fund, shall be applied for his maintenance until he arrives at the age. The legacy is contingent.",
"name": "Date of vesting of legacy when payment or possession postponed",
"related_acts": "",
"section_id": 120
},
{
"act_id": 138,
"details": "120. (1) A legacy bequeathed in case a specified uncertain event shall happen does not vest until that event happens. (2) A legacy bequeathed in case a specified uncertain event shall not happen does not vest until the happening of that event becomes impossible. (3) In either case, until the condition has been fulfilled, the interest of the legatee is called contingent. Exception.-Where a fund is bequeathed to any person upon his attaining a particular age, and the will also gives to him absolutely the income to arise from the fund before he reaches that age, or directs the income, or so much of it as may be necessary, to be applied for his benefit, the bequest of the fund is not contingent. Illustrations (i) A legacy is bequeathed to D in case A, B and C shall all die under the age of 18. D has a contingent interest in the legacy until A, B and C all die under 18, or one of them attains that age. (ii) A sum of money is bequeathed to A \"in case he shall attain the age of 18\", or \"when he shall attain the age of 18\". A's interest in the legacy is contingent until the condition is fulfilled by his attaining that age. (iii) An estate is bequeathed to A for life, and after his death to B if B shall then be living; but if B shall not be then living to C. A, B and C survive the testator. B and C each take a contingent interest in the estate until the event which is to vest it in one or in the other has happened. (iv) An estate is bequeathed as in the case last supposed. B dies in the lifetime of A and C. Upon the death of B, C acquires a vested right to obtain possession of the estate upon A's death. (v) A legacy is bequeathed to A when she shall attain the age of 18, or shall marry under that age with the consent of B, with a proviso that, if she neither attains 18 nor marries under that age with B's consent, the legacy shall go to C. A and C each take a contingent interest in the legacy. A attains the age of 18. A becomes absolutely entitled to the legacy although she may have married under 18 without the consent of B. (vi) An estate is bequeathed to A until he shall marry and after that event B. B's interest in the bequest is contingent until the condition is fulfilled by A's marrying. (vii) An estate is bequeathed to A until he shall take advantage of any law for the relief of insolvent debtors, and after that event to B. B's interest in the bequest is contingent until A take advantage of such a law. (viii) An estate is bequeathed to A if he shall pay 500 Taka to B. A's interest in the bequest is contingent until he has paid 500 Taka to B. (ix) A leaves his farm of Sultanpur Khurd to B, if B shall convey his own farm of Sultanpur Buzurg to C. B's interest in the bequest is contingent until he has conveyed the latter farm to C. (x) A fund is bequeathed to A if B shall not marry C within five years after the testator's death. A's interest in the legacy is contingent until the conditions is fulfilled by the expiration of the five years without B's having married C, or by the occurrence within that period of an event which makes the fulfilment of the conditions impossible. (xi) A fund is bequeathed to A if B shall not make any provision for him by will. The legacy is contingent until B's death. (xii) A bequeaths to B 500 Taka a year upon his attaining the age of 18, and directs that the interest, or a competent part thereof shall be applied for his benefit until he reaches that age. The legacy is vested. (xiii) A bequeaths to B 500 Taka when he shall attain the age of 18, and directs that a certain sum, out of another fund, shall be applied for his maintenance until he arrives at the age. The legacy is contingent.",
"name": "Date of vesting when legacy contingent upon specified uncertain event",
"related_acts": "",
"section_id": 121
},
{
"act_id": 138,
"details": "121. Where a bequest is made only to such members of a class as shall have attained a particular age, a person who has not attained that age cannot have a vested interest in the legacy. Illustration A fund is bequeathed to such of the children of A as shall attain the age of 18, with a direction that, while any child of A shall be under the age of 18, the income of the share, to which it may be presumed he will be eventually entitled, shall be applied for his maintenance and education. No child of A who is under the age of 18 has a vested interest in the bequest.",
"name": "Vesting of interest in bequest to such members of a class as shall have attained particular age",
"related_acts": "",
"section_id": 122
},
{
"act_id": 138,
"details": "122. Where a bequest imposes an obligation on the legatee, he can take nothing by it unless he accepts it fully. Illustration A, having shares in (X), a prosperous joint stock company and also shares in (Y), a joint stock company in difficulties, in respect of which shares heavy calls are expected to be made, bequeaths to B all his shares in joint stock companies; B refuses to accept the shares in (Y). He forfeits the shares in (X).",
"name": "Onerous bequests",
"related_acts": "",
"section_id": 123
},
{
"act_id": 138,
"details": "123. Where a will contains two separate and independent bequests to the same person, the legatee is at liberty to accept one of them and refuse the other, although the former may be123. Where a will contains two separate and independent bequests to the same person, the legatee is at liberty to accept one of them and refuse the other, although the former may be beneficial and the latter onerous. Illustration A, having a lease for a term of years of a house at a rent which he and his representatives are bound to pay during the term, and which is higher than the house can be let for, bequeaths to B the lease and a sum of money. B refuses to accept the lease. He will not by this refusal forfeit the money.",
"name": "One of two separate and independent bequests to same person may be accepted, and other refused",
"related_acts": "",
"section_id": 124
},
{
"act_id": 138,
"details": "124. Where a legacy is given if a specified uncertain event shall happen and no time is mentioned in the will for the occurrence of that event, the legacy cannot take effect, unless such event happens before the period when the fund bequeathed is payable or distributable. Illustrations (i) A legacy is bequeathed to A, and, in case of his death, to B. If A survives the testator, the legacy to B does not take effect. (ii) A legacy is bequeathed to A, and, in case of his death without children, to B. If A survives the testator or dies in his lifetime leaving a child, the legacy to B does not take effect. (iii) A legacy is bequeathed to A when and if he attains the age of 18, and, in case of his death, to B. A attains the age of 18. The legacy to B does not take effect. (iv) A legacy is bequeathed to A for life, and, after his death to B, and, \"in case of B's death without children\", to C. The words \"in case of B's death without children\" are to be understood as meaning \"in case B dies without children during the lifetime of A\". (v) A legacy is bequeathed to A for life, and, after his death to B, and, \"in case of B's death\", to C. The words \"in case of B's death\" are to be considered as meaning \"in case B dies in the lifetime of A\".",
"name": "Bequest contingent upon specified uncertain event, no time being mentioned for its occurrence",
"related_acts": "",
"section_id": 125
},
{
"act_id": 138,
"details": "125. Where a bequest is made to such of certain persons as shall be surviving at some period, but the exact period is not specified, the legacy shall go to such of them as are alive at the time of payment or distribution, unless a contrary intention appears by the will.(i) Property is bequeathed to A and B to be equally divided between them, or to the survivor of them. If both A and B survive the testator, the legacy is equally divided between them. If A dies before the testator, and B survives the testator, it goes to B. (ii) Property is bequeathed to A for life, and, after his death, to B and C, to be equally divided between them, or to the survivor of them. B dies during the life of A; C survives A. At A's death the legacy goes to C. (iii) Property is bequeathed to A for life, and, after his death, to B and C, or the survivor, with a direction that, if B should not survive the testator, his children are to stand in his place. C dies during the life of the testator; B survives the testator, but dies in the lifetime of A. The legacy goes to the representative of B. (iv) Property is bequeathed to A for life, and, after his death, to B and C, with a direction that, in case either of them dies in the lifetime of A, the whole shall go to the survivor. B dies in the lifetime of A. Afterwards C dies in the lifetime of A. The legacy goes to the representative of C.",
"name": "Bequest to such of certain persons as shall be surviving at some period not specified",
"related_acts": "",
"section_id": 126
},
{
"act_id": 138,
"details": "126. A bequest upon an impossible condition is void. Illustrations (i) An estate is bequeathed to A on condition that he shall walk 100 miles in an hour. The bequest is void. (ii) A bequeaths 500 Taka to B on condition that he shall marry A's daughter. A's daughter was died at the date of the will. The bequest is void.",
"name": "Bequest upon impossible condition",
"related_acts": "",
"section_id": 127
},
{
"act_id": 138,
"details": "127. A bequest upon a condition, the fulfilment of which would be contrary to law or to morality, is void. Illustrations (i) A bequeaths 500 Taka to B on condition that he shall murder C . The bequest is void. (ii) A bequeaths 5,000 Taka to his niece if she will desert her husband. The bequest is void.",
"name": "Bequest upon illegal or immoral condition",
"related_acts": "",
"section_id": 128
},
{
"act_id": 138,
"details": "128. Where a will imposes a condition to be fulfilled before the legatee can take a vested interest in the thing bequeathed, the condition shall be considered to have been fulfilled if it has been substantially complied with. Illustrations (i) A legacy is bequeathed to A on condition that he shall marry with the consent of B, C, D and E. A marries with the written consent of B, C is present at the marriage. D sends a present to A previous to the marriage. E has been personally informed by A of his intentions, and has made no objection. A has fulfilled the condition. (ii) A legacy is bequeathed to A on condition that he shall marry with the consent of B, C and D. D dies. A marries with the consent of B and C. A has fulfilled the condition. (iii) A legacy is bequeathed to A on condition that he shall marry with the consent of B, C and D. A marries in the lifetime of B, C and D, with the consent of B and C only. A has not fulfilled the condition. (iv) A legacy is bequeathed to A on condition that he shall marry with the consent of B, C and D. A obtains the unconditional assent of B, C and D to his marriage with E. Afterwards B, C and D capriciously retract their consent. A marries E. A has fulfilled the condition. (v) A legacy is bequeathed to A on condition that he shall marry with the consent of B, C and D. A marries without the consent of B, C and D but obtains their consent after the marriage. A has not fulfilled the condition. (vi) A makes his will whereby he bequeaths a sum of money to B if B shall marry with the consent of A's executors. B marries during the lifetime of A, and A afterwards expresses his approbation of the marriage. A dies. The bequest to B takes effect. (vii) A legacy is bequeathed to A if he executes a certain document within a time specified in the will. The document is executed by A within a reasonable time, but not within the time specified in the will. A has not performed the condition, and is not entitled to receive the legacy.",
"name": "Fulfilment of condition precedent to vesting of legacy",
"related_acts": "",
"section_id": 129
},
{
"act_id": 138,
"details": "129. Where there is a bequest to one person and a bequest of the same thing to another, if the prior bequest shall fail, the second bequest shall take effect upon the failure of the prior bequest although the failure may not have occurred in the manner contemplated by the testator.(i) A bequeaths a sum of money to his own children surviving him, and, if they all die under 18, to B. A dies without having ever had a child. The bequest to B takes effect. (ii) A bequeaths a sum of money to B, on condition that he shall execute a certain document within three months after A's death, and, if he should neglect to do so, to C. B dies in the testator's lifetime. The bequest to C takes effect.",
"name": "Bequest to A and on failure of prior bequest to B",
"related_acts": "",
"section_id": 130
},
{
"act_id": 138,
"details": "130. Where the will shows an intention that the second bequest shall take effect only in the event of the first bequest failing in a particular manner, the second bequest shall not take effect, unless the prior bequest fails in that particular manner. Illustration A makes a bequest to his wife, but in case she should die in his lifetime, bequeaths to B that which he had bequeathed to her. A and his wife perish together, under circumstances which make it impossible to prove that she died before him; the bequest to B does not take effect.",
"name": "When second bequest not to take effect on failure of first",
"related_acts": "",
"section_id": 131
},
{
"act_id": 138,
"details": "131. (1) A bequest may be made to any person with the condition superadded that, in case a specified uncertain event shall happen, the thing bequeathed shall go to another person, or that in case a specified uncertain event shall not happen, the thing bequeathed shall go over to another person. (2) In each case the ulterior bequest is subject to the rules contained in sections 120, 121, 122, 123, 124, 125, 126, 127, 129 and 130. Illustrations (i) A sum of money is bequeathed to A, to be paid to him at the age of 18, and if he shall die before he attains that age, to B. A takes a vested interest in the legacy subject to be divested and to go to B in case A dies under 18. (ii) An estate is bequeathed to A with a proviso that if A shall dispute the competency of the testator to make a will, the estate shall go to B. A disputes the competency of the testator to make a will. The estate goes to B.\t(iii) A sum of money is bequeathed to A for life, and, after his death, to B; but if B shall then be dead, leaving a son, such son is to stand in the place of B. B takes a vested interest in the legacy, subject to be divested if he dies leaving a son in A's lifetime. (iv) A sum of money is bequeathed to A and B, and if either should die during the life of C, then to the survivor living at the death of C. A and B die before C. The gift over cannot take effect, but the representative of A takes one-half of the money, and the representative of B takes the other half. (v) A bequeaths to B the interest of a fund for life, and directs the fund to be divided at her death equally among her three children, or such of them as shall be living at her death. All the children of B die in B's lifetime. The bequest over cannot take effect, but the interests of the children pass to their representatives.",
"name": "Bequest over, conditional upon happening or not happening of specified uncertain event",
"related_acts": "",
"section_id": 132
},
{
"act_id": 138,
"details": "132. An ulterior bequest of the kind contemplated by section 131 cannot take effect, unless the condition is strictly fulfilled. Illustrations (i) A legacy is bequeathed to A, with a proviso that, if be marries without the consent of B, C and D, the legacy shall go to E. D dies. Even if A marries without the consent of B and C, the gift to E does not take effect. (ii) A legacy is bequeathed to A, with a proviso that, if he marries without the consent of B, the legacy shall go to C. A marries with the consent of B. He afterwards becomes a widower and marries again without the consent of B. The bequest to C does not take effect. (iii) A legacy is bequeathed to A, to be paid at 18, or marriage, with a proviso that, if A dies under 18 or marries without the consent of B, the legacy shall go to C. A marries under 18, without the consent of B. The bequest to C takes effect.",
"name": "Condition must be strictly fulfilled",
"related_acts": "",
"section_id": 133
},
{
"act_id": 138,
"details": "133. If the ulterior bequest be not valid the original bequest is not affected by it. Illustrations (i) An estate is bequeathed to A for his life with condition superadded that, if he shall not on a given day walk 100 miles in an hour, the estate shall go to B. The condition being void, A retains his estate as if no condition had been inserted in the will. (ii) An estate is bequeathed to A for her life and, if she do not desert her husband, to D. A is entitled to the estate during her life as if no condition had been inserted in the will. (iii) An estate is bequeathed to A for life, and, if he marries, to the eldest son of B for life. B, at the date of the testator's death, had not had a son. The bequest over is void under section 105, and A is entitled to the estate during his life.",
"name": "Original bequest not affected by invalidity of second",
"related_acts": "",
"section_id": 134
},
{
"act_id": 138,
"details": "134. A bequest may be made with the condition superadded that it shall cease to have effect in case a specified uncertain event shall happen, or in case a specified uncertain event shall not happen. Illustrations (i) An estate is bequeathed to A for his life, with a proviso that, in case he shall cut down a certain wood, the bequest shall cease to have any effect. A cuts down the wood. He loses his life-interest in the estate. (ii) An estate is bequeathed to A, provided that, if he marries under the age of 25 without the consent of the executors named in the will, the estate shall cease to belong to him. A marries under 25 without the consent of the executors. The estate ceases to belong to him. (iii) An estate is bequeathed to A, provided that, if he shall not go to England within three years after the testator's death, his interest in the estate shall cease. A does not go to England within the time prescribed. His interest in the estate ceases. (iv) An estate is bequeathed to A, with a proviso that, if she becomes a nun, she shall cease to have any interest in the estate. A becomes a nun. She loses her interest under the will. (v) A fund is bequeathed to A for life, and, after his death, to B, if B shall be then living, with a proviso that, if B shall become a nun, the bequest to her shall cease to have any effect. B becomes a nun in the life time of A. She thereby loses her contingent interest in the fund.",
"name": "Bequest conditioned that it shall cease to have effect in case a specified uncertain event shall happen, or not happen",
"related_acts": "",
"section_id": 135
},
{
"act_id": 138,
"details": "135. In order that a condition that a bequest shall cease to have effect may be valid, it is necessary that the event to which it relates be one which could legally constitute the condition of a bequest as contemplated by section 120.",
"name": "Such condition must not be invalid under section 120",
"related_acts": "",
"section_id": 136
},
{
"act_id": 138,
"details": "136. Where a bequest is made with a condition superadded that, unless the legatee shall perform a certain act, the subject-matter of the bequest shall go to another person, or the bequest shall cease to have effect but no time is specified for the performance of the act; if the legatee takes any step which renders impossible or indefinitely postpones the performance of the act required, the legacy shall go as if the legatee had died without performing such act. Illustrations (i) A bequest is made to A, with a proviso that, unless he enters the Army, the legacy shall go over to B. A takes Holy Orders, and thereby renders it impossible that he should fulfil the condition. B is entitled to receive the legacy. (ii) A bequest is made to A, with a proviso that it shall cease to have any effect if he does not marry B's daughter. A marries a stranger and thereby indefinitely postpones the fulfilment of the conditions. The bequest ceases to have effect.",
"name": "Result of legatee rendering impossible or indefinitely postponing act for which no time specified, and on non-performance of which subject-matter to go over",
"related_acts": "",
"section_id": 137
},
{
"act_id": 138,
"details": "137. Where the will requires an act to be performed by the legatee within a specified time, either as a condition to be fulfilled before the legacy is enjoyed, or as a condition upon the non-fulfilment of which the subject-matter of the bequest is to go over to another person or the bequest is to cease to have effect, the act must be performed within the time specified, unless the performance of it be prevented by fraud, in which case such further time shall be allowed as shall be requisite to make up for the delay caused by such fraud.",
"name": "Performance of condition, precedent or subsequent, within specified time. Further time in case of fraud",
"related_acts": "",
"section_id": 138
},
{
"act_id": 138,
"details": "138. Where a fund is bequeathed absolutely to or for the benefit of any person, but the will contains a direction that it shall be applied or enjoyed in a particular manner, the legatee shall be entitled to receive the fund as if the will had contained no such direction.\tA sum of money is bequeathed towards purchasing country residence for A, or to purchase an annuity for A, or to place A a in any business. A chooses to receive the legacy in money. He is entitled to do so.",
"name": "Direction that fund be employed in particular manner following absolute bequest of same to or for benefit of any person",
"related_acts": "",
"section_id": 139
},
{
"act_id": 138,
"details": "139. Where a testator absolutely bequeaths a fund, so as to sever it from his own estate, but directs that the mode of enjoyment of it by the legatee shall be restricted so as to secure a specified benefit for the legatee; if that benefit cannot be obtained for the legatee, the fund belongs to him as if the will had contained no such direction. Illustrations (i) A bequeaths the residue of his property to be divided equally among his daughters, and directs that the shares of the daughters shall be settled upon themselves respectively for life and be paid to their children after their death. All the daughters die unmarried. The representatives of each daughter are entitled to her share of the residue. (ii) A directs his trustees to raise a sum of money for his daughter, and he then directs that they shall invest the fund and pay the income arising from it to her during her life, and divide the principal among her children after her death. The daughter dies without having ever had a child. Her representatives are entitled to the fund.",
"name": "Direction that mode of enjoyment of absolute bequest is to be restricted, to secure specified benefit for legatee",
"related_acts": "",
"section_id": 140
},
{
"act_id": 138,
"details": "140. Where testator does not absolutely bequeath a fund, so as to sever it from his own estate, but gives if for certain purposes, and part of those purposes cannot be fulfilled, the fund, or so much of it as has not been exhausted upon the objects contemplated by the will, remains a part of the estate of the testator. Illustrations (i) A directs that his trustees shall invest a sum of money in a particular way, and shall pay the interest to his son for life, and at his death shall divide the principal among his children. The son dies without having ever had a child. The fund, after the son's death, belongs to the estate of the testator. (ii) A bequeaths the residue of his estate, to be divided equally among his daughters, with a direction that they are to have the interest only during their lives, and that at their decease the fund shall go to their children. The daughters have no children. The fund belongs to the estate of the testator.",
"name": "Bequest of fund for certain purposes, some of which cannot be fulfilled",
"related_acts": "",
"section_id": 141
},
{
"act_id": 138,
"details": "141. If a legacy is bequeathed to a person who is named an executor of the will, he shall not take the legacy, unless he proves the will or otherwise manifests an intention to act as executor. Illustration A legacy is given to A, who is named an executor. A orders the funeral according to the directions contained in the will, and dies a few days after the testator, without having proved the will. A has manifested an intention to act as executor.",
"name": "Legatee named as executor cannot take unless he shows intention to act as executor",
"related_acts": "",
"section_id": 142
},
{
"act_id": 138,
"details": "142. Where a testator bequeaths to any person a specified part of his property, which is distinguished from all other parts of his property, the legacy is said to be specific. Illustrations (i)\tA bequeaths to B- \"the diamond ring presented to me by C\": \"my gold chain\": \"a certain bale of wool\": \"a certain piece of cloth\": \"all my household goods which shall be in or about my dwelling-house in M Street, in Calcutta, at time of my death\": \"the sum of 1,000 Taka in a certain chest: \"the debt which B owes me\": \"all my bills, bonds and securities belonging to me lying in my lodgings in Calcutta\":\"all my furniture in my house in Calcutta\": \"all my goods on board a certain ship now lying in the river Hughli\": \"2,000 Taka which I have in the hands of C\" \"the money due to me on the bond of D\": \"my mortgagee on the Rampur factory\": \"One-half of the money owing to me on my mortgage of Rampur factory\": \"1,000 Taka, being part of a debt due to me from C\": \"my capital stock of 1,000 in East India Stock\": \"my promissory notes of the Government for 10,000 Taka in their 4 per cent. loan\": \"all such sums of money as my-executors may, after my death, receive in respect of the debt due to me from the insolvent firm of D and Company\": \"all the wine which I may have in my cellar at the time of my death\": \"such of my horses as B may select\": \"all my shares in the Imperial Bank of India\". \"all my shares in the Imperial Bank of India which I may possess at the time of my death\": \"all the money which I have in the 5› percent, loan of the Government\": \"all the Government securities I shall be entitled to at the time of my decease\". Each of these legacies is specific. (ii) A, having Government promissory notes for 10,000 Taka, bequeaths to his executors \"Government promissory notes for 10,000 Taka in trust to sell\" for the benefit of B. The legacy is specific. (iii) A having property at Benares, and also in other places, bequeaths to B all his property at Benares. The legacy is specific. (iv) A bequeaths to B- his house in Calcutta: his zamindari of Rampur: his taluq of Ramnagar: his lease of the indigo-factory of Salkya: an annuity of 500 Taka out of the rents of his zamindari of W. A directs his zamindari of X to be sold, and the proceeds to be invested for the benefit of B. Each of these bequests is specific. (v) A by his will charges his zamindari of Y with an annuity of 1,000 Taka to C during his life, and subject to this charge he bequeaths the zamindari to D. Each of these bequests is specific. (vi) A bequeaths a sum of money- to buy a house in Calcutta for B: to buy an estate in zila Faridpur for B: to buy a diamond ring for B: to buy a house for B: to be invested in shares in the Imperial Bank of India for B: to be invested in Government securities for B. A bequeaths to B \"a diamond ring\": \"a horse\": \"10,000 Taka worth of Government securities\": \"an annuity of 500 Taka\": 2,000 Taka to be paid in cash\": \"so much money as will produce 5,000 Taka four per cent. Government securities\". These bequests are not specific. (vii) A, having property in England and property in India, bequeaths a legacy to B, and directs that it shall be paid out of the property which he may leave in India. He also bequeaths a legacy to C, and directs that it shall be paid out of property which he may leave in England. No one of these legacies is specific.",
"name": "Specific legacy defined",
"related_acts": "",
"section_id": 143
},
{
"act_id": 138,
"details": "143. Where a certain sum is bequeathed, the legacy is not specific merely because the stock, funds or securities in which it is invested are described in the will. Illustration A bequeaths to B- \"10,000 Taka of my funded property\": \"10,000 Taka of my property now invested in shares of the East Indian Railway Company\": \"10,000 Taka, at present secured by mortgage or Rampur factory.\" No one of these legacies is specific.",
"name": "Bequest of certain sum where stocks, etc., in which invested are described",
"related_acts": "",
"section_id": 144
},
{
"act_id": 138,
"details": "144. Where a bequest is made in general terms of a certain amount of any kind of stock, the legacy is not specific merely because the testator was, at the date of his will possessed of stock of the specified kind, to an equal or greater amount than the amount bequeathed. Illustration A bequeaths to B 5,000 Taka five per cent. Government securities. A had at the date of the will five per cent. Government securities for 5,000 Taka. The legacy is not specific.",
"name": "Bequest of stock where testator had, at date of will, equal or greater amount of stock of same kind",
"related_acts": "",
"section_id": 145
},
{
"act_id": 138,
"details": "145. A money legacy is not specific merely because the will directs its payment to be postponed until some part of the property of the testator has been reduced to a certain form, or remitted to a certain place. Illustration A bequeaths to B 10,000 Taka and directs that this legacy shall be paid as soon as A's property in India shall be realised in England. The legacy is not specific.",
"name": "Bequest of money where not payable until part of testator's property disposed of in certain way",
"related_acts": "",
"section_id": 146
},
{
"act_id": 138,
"details": "146. Where a will contains a bequest of the residue of the testator's property along with an enumeration of some items of property not previously bequeathed, the articles enumerated shall not be deemed to be specifically bequeathed.",
"name": "When enumerated articles not deemed specifically bequeathed",
"related_acts": "",
"section_id": 147
},
{
"act_id": 138,
"details": "147. Where property is specifically bequeathed to two or more persons in succession, it shall be retained in the form in which the testator left it, although it may be of such a nature that its value is continually decreasing. Illustrations (i) A, having lease of a house for a term of years, fifteen of which were unexpired at the time of his death, has bequeathed the lease to B for his life, and after B's death to C. B is to enjoy the property as A left it, although, if B lives for fifteen years, C can take nothing under the bequest. (ii) A, having an annuity during the life of B, bequeaths it to C, for his life, and, after C's death, to D. C is to enjoy the annuity as A left it, although, if B dies before D, D can take nothing under the bequest.",
"name": "Retention, in form, of specific bequest to several persons in succession",
"related_acts": "",
"section_id": 148
},
{
"act_id": 138,
"details": "148. Where property comprised in a bequest to two or more persons in succession is not specifically bequeathed, it shall, in the absence of any direction to the contrary, be sold, and the proceeds of the sale shall be invested in such securities as the 8Supreme Court may by any general rule authorise or direct, and the fund thus constituted shall be enjoyed by the successive legatees according to the terms of the will. Illustration A, having a lease for a term of years bequeaths all his property to B for life, and, after B's death, to C. The lease must be sold, the proceeds invested as stated in this section and the annual income arising from the fund is to be paid to B for life. At B's death the capital of the fund is to be paid to C.",
"name": "Sale and investment of proceeds of property bequeathed to two or more persons in succession",
"related_acts": "",
"section_id": 149
},
{
"act_id": 138,
"details": "149. If there is a deficiency of assets to pay legacies, a specific legacy is not liable to abate with the general legacies.",
"name": "Where deficiency of assets to pay legacies, specific legacy not to abate with general legacies",
"related_acts": "",
"section_id": 150
},
{
"act_id": 138,
"details": "150. Where a testator bequeaths a certain sum of money, or a certain quantity of any other commodity, and refers to a particular fund or stock so as to constitute the same the primary fund or stock out of which payment is to be made, the legacy is said to be demonstrative. Explanation.-The distinction between a specific legacy and a demonstrative legacy consists in this, that- Where specified property is given to the legatee, the legacy is specific; where the legacy is directed to be paid out of specified property, it is demonstrative. Illustrations (i) A bequeaths to B 1,000 Taka, being part of a debt due to him from W. He also bequeaths to C 1,000 Taka to be paid out of the debt due to him from W. The legacy to B is specific, the legacy to C is demonstrative. (ii) A bequeaths to B \"ten bushels of the corn which shall grow in my field of Green Acre\": \"80 chests of the indigo which shall be made at my factory of Rampur\": \"10,000 Taka out of my five per cent. promissory notes of the Government\": an annuity of 500 Taka \"from my funded property\": \"1,000 Taka out of the sum of 2,000 Taka due to me by C\": an annuity, and directs it to be paid \"out of the rents arising from my taluk of Ramnagar\". (iii) A bequeaths to B \"10,000 Taka out of my estate at Ramnagar\", or charges it on his estate at Ramnagar: \"10,000 Taka, being my share of the capital embarked in a certain business\". Each of these bequests is demonstrative.",
"name": "Demonstrative legacy defined",
"related_acts": "",
"section_id": 151
},
{
"act_id": 138,
"details": "151. Where a portion of a fund is specifically bequeathed and a legacy is directed to be paid out of the same fund, the portion specifically bequeathed shall first be paid to the legatee, and the demonstrative legacy shall be paid out of the residue of the fund and, so far as the residue shall be deficient, out of the general assets of the testator. Illustration A bequeaths to B 1,000 Taka, being part of a debt due to him from W. He also bequeaths to C 1,000 Taka to be paid out of the debt due to him from W. The debt due to A from W is only 1,500 Taka; of these 1,500 Taka 1,000 Taka belong to B, and 500 Taka are to be paid to C. C is also to receive 500 Taka out of the general assets of the testator.",
"name": "Order of payment when legacy directed to be paid out of fund the subject of specific legacy",
"related_acts": "",
"section_id": 152
},
{
"act_id": 138,
"details": "152. If anything which has been specifically bequeathed does not belong to the testator at the time of his death, or has been converted into property of a different kind, the legacy is adeemed: that is, it cannot take effect, by reason of the subject-matter having been withdrawn from the operation of the will. Illustrations (i) A bequeaths to B- \"the diamond ring presented to me by C\": \"my gold chain\": \"a certain bale of wool\": \"a certain piece of cloth\": \"all my household goods which shall be in or about my dwelling-house in M Street in Dhaka, at the time of my death\"; A in his lifetime,- sells or gives away the ring: converts the chain into a cup: converts the wool into cloth: makes the cloth into a garment: takes another house into which he removes all his goods. Each of these legacies is adeemed. (ii) A bequeaths to B- \"the sum of 1,000 Taka in a certain chest\": \"all the horses in my stable\". At the death of A, no money is found in the chest, and no horses in the stable. The legacies are adeemed. (iii) A bequeaths to B certain bales of goods. A takes the goods with him on a voyage. The ship and goods are lost at sea, and A is drowned. The legacy is adeemed.",
"name": "Ademption explained",
"related_acts": "",
"section_id": 153
},
{
"act_id": 138,
"details": "153. A demonstrative legacy is not adeemed by reason that the property on which it is charged by the will does not exist at the time of the death of the testator, or has been converted into property of a different kind, but it shall in such case be paid out of the general assets of the testator.",
"name": "Non-ademption of demonstrative legacy",
"related_acts": "",
"section_id": 154
},
{
"act_id": 138,
"details": "154. Where the thing specifically bequeathed is the right to receive something of value from a third party, and the testator himself receives it, the bequest is adeemed. Illustrations (i) A bequeaths to B- \"the debt which C owes me\": \"2,000 Taka which I have in the hands of D\": \"the money due to me on the bond of E\": \"my mortgage on the Rahimyarkhan factory\". All these debts are extinguished in A's lifetime, some with and some without his consent. All the legacies are adeemed. (ii) A bequeaths to B his interest in certain policies of life assurance. A in his lifetime receives the amount of the policies. The legacy is adeemed.",
"name": "Ademption of specific bequest of right to receive something from third party",
"related_acts": "",
"section_id": 155
},
{
"act_id": 138,
"details": "155. The receipt by the testator of a pat of an entire thing specifically bequeathed shall operate as an ademption of the legacy to the extent of the sum so received. Illustration A bequeaths to B \"the debt due to me by C\". The debt amounts to 10,000 Taka. C pays to A 5,000 Taka the one-half of the debt. The legacy is revoked by ademption, so far as regards the 5,000 Taka received by A.",
"name": "Ademption pro tanto by testator's receipt of part of entire thing specifically bequeathed",
"related_acts": "",
"section_id": 156
},
{
"act_id": 138,
"details": "156. If a portion of an entire fund or stock is specifically bequeathed, the receipt by the testator of a portion of the fund or stock shall operate as an ademption only to the extent of the amount so received; and the residue of the fund or stock shall be applicable to the discharge of the specific legacy. Illustration A bequeaths to B one-half of the sum of 10,000 Taka due to him from W. A in his lifetime receives 6,000 Taka, part of the 10,000 Taka. The 4,000 Taka which are due from W to A at the time of his death belong to B under the specific bequest.",
"name": "Ademption pro tanto by testator's receipt of portion of entire fund of which portion has been specifically bequeathed",
"related_acts": "",
"section_id": 157
},
{
"act_id": 138,
"details": "157. Where a portion of a fund is specifically bequeathed to one legatee, and a legacy charged on the same fund is bequeathed to another legatee, then, if the testator receives a portion of that fund, and the remainder of the fund is insufficient to pay both the specific and the demonstrative legacy, the specific legacy shall be paid first, and the residue (if any) of the fund shall be applied so far as it will extend in payment of the demonstrative legacy, and the rest of the demonstrative legacy shall be paid out of the general assets of the testator. Illustration A bequeaths to B 1,000 Taka, part of the debt of 2,000 Taka due to him from W. He also bequeaths to C 1,000 Taka to be paid out of the debt due to him from W. A afterwards receives 500 Taka, part of that debt, and dies leaving only 1,500 Taka due to him from W. Of these 1,500 Taka, 1,000 Taka belong to B, and 500 Taka are to be paid to C. C is also to receive 500 Taka out of the general assets of the testator.",
"name": "Order of payment where portion of fund specifically bequeathed to one legatee, and legacy charged on same fund to another, and, testator having received portion of that fund, remainder insufficient to pay both legacies",
"related_acts": "",
"section_id": 158
},
{
"act_id": 138,
"details": "158. Where stock which has been specifically bequeathed does not exist at the testator's death, the legacy is adeemed. Illustration A bequeaths to B- \"my capital stock of 1,000/- in East India Stock\": \"my promissory notes of the Government for 10,000 \tTaka in their 4 per cent. loan\". A sells the stock and the notes. The legacies are adeemed.",
"name": "Ademption where stock, specifically bequeathed, does not exist at testator's death",
"related_acts": "",
"section_id": 159
},
{
"act_id": 138,
"details": "159. Where stock which has been specifically bequeathed exists only in part at the testator's death, the legacy is adeemed so far as regards that part of the stock which has ceased to exist. Illustration A bequeaths to B his 10,000 Taka in the 5› per cent. loan of the Government. A sells one-half of his 10,000 Taka in the loan in question. One-half of the legacy is adeemed.",
"name": "Ademption pro tanto where stock, specially bequeathed, exists in part only at testator's death",
"related_acts": "",
"section_id": 160
},
{
"act_id": 138,
"details": "160. A specific bequest of goods under a description connecting them with a certain place is not adeemed by reason that they have been removed from such place from any temporary cause, or by fraud, or without the knowledge or sanction of the testator. Illustrations (i) A bequeaths to B \"all household goods which shall be in or about my dwelling-house in Calcutta at the time of my death\". The goods are removed from the house to save them from fire. A dies before they are brought back. (ii) A bequeaths to B \"all my household goods which shall be in or about my dwelling-house in Calcutta at the time of my death\". During A's absence upon a journey, the whole of the goods are removed from the house. A dies without having sanctioned their removal. Neither of these legacies is adeemed.",
"name": "Non-ademption of specific bequest of goods described as connected with certain place, by reason of removal",
"related_acts": "",
"section_id": 161
},
{
"act_id": 138,
"details": "161. The removal of the thing bequeathed from the place in which it is stated in the will to be situated does not constitute an ademption, where the place is only referred to in order to complete the description of what the testator meant to bequeath. Illustrations (i) A bequeaths to B \"all the bills, bonds and other securities for money belonging to me now lying in my lodgings in Dhaka\". At the time of his death, these effects had been removed from his lodgings in Dhaka. (ii) A bequeaths to B all his furniture then in his hosue in Dhaka. The testator has a house at Dhaka and another at Chalna, in which he lives alternately, being possessed of one set of furniture only which he removes with himself to each house. At the time of his death the furniture is in the house at Chalna. (iii) A bequeaths to B all his goods on board a certain ship then lying in the river Padma. The goods are removed by A's directions to a ware-house, in which they remain at the time of A's death. No one of these legacies is revoked by ademption.",
"name": "When removal of thing bequeathed does not constitute ademption",
"related_acts": "",
"section_id": 162
},
{
"act_id": 138,
"details": "162. Where the thing bequeathed is not the right to receive something of value from a third person, but the money or other commodity which may be received from the third person by the testator himself or by his representatives, the receipt of such sum of money or other commodity by the testator shall not constitute an ademption; but if he mixes it up with the general mass of his property, the legacy is adeemed. Illustration A bequeaths to B whatever sum may be received from his claim on C. A receives the whole of his claim on C, and sets it apart from the general mass of his property. The legacy is not adeemed.",
"name": "When thing bequeathed is a valuable to be received by testator from third person; and testator himself, or his representative, receives it",
"related_acts": "",
"section_id": 163
},
{
"act_id": 138,
"details": "163. Where a thing specifically bequeathed undergoes a change between the date of the will and the testator's death, and the change takes place by operation of law, or in the course of execution of the provisions of any legal instrument under which the thing bequeathed was held, the legacy is not adeemed by reason of such change. Illustrations (i) A bequeaths to B \"all the money which I have in the 5› per cent. loan of the Government. The securities for the 5› per cent. loan are converted during A's lifetime into 5 per cent. stock. (ii) A bequeaths to B the sum of 2,000/- invested in Consols in the names of trustees for A. The sum of 2,000/- is transferred by the trustees into A's own name. (iii) A bequeaths to B the sum of 10,000 Taka in promissory notes of the Government which he has power under his marriage settlement to dispose of by will. Afterwards, in A's lifetime, the fund is converted into Consols by virtue of an authority contained in the settlement. No one of these legacies has been adeemed.",
"name": "Change by operation of law of subject of specific bequest between date of will and testator's death",
"related_acts": "",
"section_id": 164
},
{
"act_id": 138,
"details": "164. Where a thing specifically bequeathed undergoes a change between the date of the will and the testator's death, and the change takes place without the knowledge or sanction of the testator, the legacy is not adeemed. Illustration A bequeaths to B \"all my 3 per cent. Consols\". The Consols are, without A's knowledge, sold by his agent, and the proceeds converted into East India Stock. This legacy is not adeemed.",
"name": "Change of subject without testator's knowledge",
"related_acts": "",
"section_id": 165
},
{
"act_id": 138,
"details": "165. Where stock which has been specifically bequeathed is lent to a third party on condition that it shall be replaced, and it is replaced accordingly, the legacy is not adeemed.",
"name": "Stock specifically bequeathed lent to third party on condition that it be replaced",
"related_acts": "",
"section_id": 166
},
{
"act_id": 138,
"details": "166. Where stock specifically bequeathed is sold, and an equal quantity of the same stock is afterwards purchased and belongs to the testator at his death, the legacy is not adeemed.",
"name": "Stock specifically bequeathed sold but replaced, and belonging to testator at his death",
"related_acts": "",
"section_id": 167
},
{
"act_id": 138,
"details": "167. (1) Where property specifically bequeathed is subject at the death of the testator to any pleadge, lien or incumbrance created by the testator himself or by any person under whom he claims, then, unless a contrary intention appears by the will, the legatee, if he accepts the bequest, shall accept it subject to such pledge or incumbrance, and shall (as between himself and the testator's estate) be liable to make good the amount of such pledge or incumbrance. (2) A contrary intention shall not be inferred from any direction which the will may contain for the payment of the testator's debts generally. Explanation.-A periodical payment in the nature of land-revenue or in the nature of rent is not such an incumbrance as is contemplated by this section. Illustrations (i) A bequeaths to B the diamond ring given him by C. At A's death the ring is held in pawn by D, to whom it has been pledged by A. It is the duty of A's executors, if the state of the testator's assets will allow them, to allow B to redeem the ring. (ii) A bequeaths to B a zamindari which at A's death is subject to a mortgage for 10,000 Taka; and the whole of the principal sum, together with interest to the amount of 1,000 Taka, is due at A's death. B, if he accepts the bequest, accepts it subject to this subject to this charge, and is liable, as between himself and A's estate, to pay the sum of 11,000 Taka thus due.",
"name": "Non-liability of executor to exonerate specific legatees",
"related_acts": "",
"section_id": 168
},
{
"act_id": 138,
"details": "168. Where anything is to be done to complete the testator's title to the thing bequeathed, it is to be done at the cost of the testator's estate. Illustrations (i) A, having contracted in general terms for the purchase of a piece of land at a certain price, bequeaths to B, and dies before he has paid the purchase-money. The purchase-money must be made good out of A's assets. (ii) A, having contracted for the purchase of a piece of land for a certain sum of money, one-half of which is to be paid down and the other half secured by mortgage of the land, bequeaths it to B, and dies before he has paid or secured any part of the purchase-money. One-half of the purchase-money must be paid out of A's assets.",
"name": "Completion of testator's title to things bequeathed to be at cost of his estate",
"related_acts": "",
"section_id": 169
},
{
"act_id": 138,
"details": "169. Where there is a bequest of any interest in immovable property in respect of which payment in the nature of land-revenue or in the nature of rent has to be made periodically, the estate of the testator shall (as between such estate and the legatee) make good such payments or a proportion of them, as the case may be, up to the day of his death. Illustration A bequeaths to B a house, in respect of which 365 Taka are payable annually by way of rent. A pays his rent at the usual time, and dies 25 days after. A's estate will make good 25 Taka in respect of the rent.",
"name": "Exoneration of legatee's immoveable property for which land-revenue or rent payable periodically",
"related_acts": "",
"section_id": 170
},
{
"act_id": 138,
"details": "170. In the absence of any direction in the will, where there is a specific bequest of stock in a joint stock company, if any call or other payment is due from the testator at the time of his death in respect of the stock, such call or payment shall, as between the testator's estate and the legatee, be borne by the estate; but, if any call or other payment becomes due in respect of such stock after the testator's death, the same shall, as between the testator's estate and the legatee, be borne by the legatee, if he accepts the bequest. Illustrations (i) A bequeaths to B his shares in a certain railway. At A's death there was due from him the sum of 100 Taka in respect of each share, being the amount of a call which had been duly made, and the sum of five Taka in respect of each share, being the amount of interest which had accrued due in respect of the call. These payments must be borne by A's estate. (ii) A has agreed to take 50 shares in an intended joint stock company, and has contracted to pay up 100 Taka in respect of each share, which sum must be paid before his title to the shares can be completed. A bequeaths these shares to B. The estate of A must make good the payments which were necessary to completed A's title. (iii) A bequeaths to B his shares in a certain railway. B accepts the legacy. After A's death, a call is made in respect of the shares. B must pay the call. (iv) A bequeaths to B his shares in a joint stock company. B accepts the bequest. Afterwards the affairs of the company are wound up, and each shareholder is called upon for contribution. The amount of the contribution must be borne by the legatee. (v) A is the owner of ten shares in a railway company. At a meeting held during his lifetime a call is made of fifty Taka per share, payable by three instalments. A bequeaths his shares to B, and dies between the day fixed for the payment of the first and the day fixed for the payment of the second instalment, and without having paid the first instalment. A's estate must pay the first instalment and B, if he accepts the legacy, must pay the remaining instalments.",
"name": "Exoneration of specific legatee's stock in joint stock company",
"related_acts": "",
"section_id": 171
},
{
"act_id": 138,
"details": "171. If there is a bequest of something described in general terms, me executor must purchase for the legatee what may reasonably be considered to answer the description. Illustrations (i) A bequeaths to B a pair of carriage-horses or a diamond ring. The executor must provide the legatee with such articles if the state of the assets will allow it. (ii) A bequeaths to B \"my pair of carriage-horses\". A had no carriage-horses at the time of his death. The legacy fails.",
"name": "Bequest of thing described in general terms",
"related_acts": "",
"section_id": 172
},
{
"act_id": 138,
"details": "172. Where the interest or produce of a fund is bequeathed to any person, and the will affords no indication of an intention that the enjoyment of the bequest should be of limited duration, the principal, as well as the interest, shall belong to the legatee. Illustrations (i) A bequeaths to B the interest of his 5 per cent. promissory notes of the Government. There is no other clause in the will affecting those securities. B is entitled to A's 5 per cent. promissory notes of the Government. (ii) A bequeaths the interest of his 5› per cent. promissory notes of the Government to B for his life, and after his death to C. B is entitled to the interest of the notes during his life, and C is entitled to the notes upon B's death. (iii) A bequeaths to B the rents of his lands at X. B is entitled to the lands.",
"name": "Bequest of interest or produce of fund",
"related_acts": "",
"section_id": 173
},
{
"act_id": 138,
"details": "173. Where an annuity is created by will, the legatee is entitled to receive it for his life only, unless a contrary intention appears by the will, notwithstanding that the annuity is directed to be paid out of the property generally, or that a sum of money is bequeathed to be invested in the purchase of it. Illustrations (i) A bequeaths to B 500 Taka a year. B is entitled during his life to receive the annual sum of 500 Taka. (ii) A bequeaths to B the sum of 500 Taka monthly. B is entitled during his life to receive the sum of 500 Taka every month. (iii) A bequeaths an annuity of 500 Taka to B for life, and on B's death to C, B is entitled to an annuity of 500 Taka during his life. C, if he survives B, is entitled to an annuity of 500 Taka from B's death until his own death.",
"name": "Annuity created by will payable for life only unless contrary intention appears by will",
"related_acts": "",
"section_id": 174
},
{
"act_id": 138,
"details": "174. Where the will directs that an annuity shall be provide for any person out of the proceeds of property, or out of property generally, or where money is bequeathed to be invested in the purchase of any annuity for any person, on the testator's death, the legacy vests in interest in the legatee, and he is entitled at his option to have an annuity purchased for him or to receive the money appropriated for that purpose by the will. Illustrations (i) A by his will directs that his executors shall, out of his property, purchase an annuity of 1,000 Taka for B. B is entitled at his option to have an annuity of 1,000 Taka for his life purchased for him or to receive such a sum as will be sufficient for the purchase of such an annuity. (ii) A bequeaths a fund to B for his life, and directs that after B's death, it shall be laid out in the purchase of an annuity for C. B and C survive the testator. C dies in B's lifetime. On B's death the fund belongs to the representative of C.",
"name": "Period of vesting where will directs that annuity be provided out of proceeds of property, or out of property generally, or where money bequeathed to be invested in purchase of annuity",
"related_acts": "",
"section_id": 175
},
{
"act_id": 138,
"details": "175. Where an annuity is bequeathed, but the assets of the testator are not sufficient to pay all the legacies given by the will, the annuity shall abate in the same proportion as the other pecuniary legacies given by the will.",
"name": "Abatement of annuity",
"related_acts": "",
"section_id": 176
},
{
"act_id": 138,
"details": "176. Where there is a gift of an annuity and a residuary gift, the whole of the annuity is to be satisfied before any part of the residue is paid to the residuary legatee, and, if necessary, the capital of the testator's estate shall be applied for that purpose.",
"name": "Where gift of annuity and residuary gift, whole annuity to be first satisfied",
"related_acts": "",
"section_id": 177
},
{
"act_id": 138,
"details": "177. Where a debtor bequeaths a legacy to his creditor, and it does not appear from the will that the legacy is meant as a satisfaction of the debt, the creditor shall be entitled to the legacy, as well as to the amount of the debt.",
"name": "Creditor prima facie entitled to legacy as well as debt",
"related_acts": "",
"section_id": 178
},
{
"act_id": 138,
"details": "178. Where a parent, who is under obligation by contract to provide a portion for a child, fails to do so, and afterwards bequeaths a legacy to the child, and does not intimate by his will that the legacy is meant as a satisfaction of the portion, the child shall be entitled to receive the legacy, as well as the portion. Illustration A, by articles entered into in contemplation of his marriage with B, covenanted that he would pay to each of the daughters of the intended marriage a portion of 20,000 Taka on her marriage. This covenant having been broken, A bequeaths 20,000 Taka to each of the married daughter of himself and B. The legatees are entitle to the benefit of this bequest in addition to their portions.",
"name": "Child prima facie entitled to legacy as well as portion",
"related_acts": "",
"section_id": 179
},
{
"act_id": 138,
"details": "179. No bequest shall be wholly or partially adeemed by a subsequent provision made by settlement or otherwise for the legatee. Illustrations (i) A bequeaths 20,000 Taka to his son B. He afterwards gives to B the sum of 20,000 Taka. The legacy is not thereby adeemed. (ii) A bequeaths 40,000 Taka to B, his orphan niece whom he had brought up from her infancy. Afterwards, on the occasion of B's marriage, A settles upon her the sum of 30,000 Taka. The legacy is not thereby diminished.",
"name": "No ademption by subsequent provision for leagatee",
"related_acts": "",
"section_id": 180
},
{
"act_id": 138,
"details": "180. Where a person, by his will, professes to dispose of something which he has no right to dispose of, the person to whom the thing belongs shall elect either to confirm such disposition or to dissent from it, and, in the latter case, he shall give up any benefits which may have been provided for him by the will.",
"name": "Circumstances in which election takes place",
"related_acts": "",
"section_id": 181
},
{
"act_id": 138,
"details": "181. An interest relinquished in the circumstances stated in section 180 shall devolve as if it had not been disposed of by the will in favour of the legatee, subject, nevertheless, to the charge of making good to the disappointed legatee the amount or value of the gift attempted to be given to him by the will.",
"name": "Devolution of interest relinquished by owner",
"related_acts": "",
"section_id": 182
},
{
"act_id": 138,
"details": "182. The provisions of sections 180 and 181 apply whether the testator does or does not believe that which he professes to dispose of by his will to be his own. Illustrations (i) The farm of Sultanpur was the property of C. A bequeathed it to B, giving a legacy of 1,000 Taka to C. C has elected to retain his farm of Sultanpur, which is worth 800 Taka. C forfeits his legacy of 1,000 Taka, of which 800 Taka goes to B, and the remaining 200 Taka falls into the residuary bequest, or devolves according to the rules of intestate succession, as the case may be. (ii) A bequeaths an estate to B in case B's elder brother (who is married and has children) shall leave no issue living at his death. A also bequeaths to C a jewel, which belongs to B. B must elect to give up the jewel or to lose the estate. (iii) A bequeaths to B 1,000 Taka, and to C an estate which will, under a settlement, belong to B if his elder brother (who is married and has children) shall leave no issue living at his death. B must elect to give up the estate or to lose the legacy. (iv) A, a person of the age of 18, domiciled in Bangladesh but owing real property in England, to which C is heir at law, bequeaths a legacy to C and, subject thereto, devises and bequeaths to B \"all my property whatsoever and wheresoever\", and dies under 21. The real property in England does not pass by the will. C may claim his legacy without giving up the real property in England.",
"name": "Testator's belief as to his ownership immaterial",
"related_acts": "",
"section_id": 183
},
{
"act_id": 138,
"details": "183. A bequest for a person's benefit is, for the purpose of election, the same thing as a bequest made to himself. Illustration The farm of Sultanpur Khurd being the property of B, A bequeathed it to C: and bequeathed another farm called Sultanpur Buzurg to his own executors with a direction that it should be sold and the proceeds applied in payment of B's debts. B must elect whether he will abide by the will, or keep his farm of Sultanpur Khurd in opposition to it.",
"name": "Bequest for man's benefit how regarded for purpose of election",
"related_acts": "",
"section_id": 184
},
{
"act_id": 138,
"details": "184. A person taking no benefit directly under a will, but deriving a benefit under it indirectly, is not put to his election. Illustration The lands of Sultanpur are settled upon C for life, and after his death upon D, his only child. A bequeaths the lands of Sultanpur to B, and 1,000 Taka to C. C dies intestate shortly after the testator, and without having made any election. D takes out administration to C, and as administrator elects on behalf of C's estate to take under the will. In that capacity he receives the legacy of 1,000 Taka and accounts to B for the rents of the lands of Sultanpur which accrued after the death of the testator and before the death of C. In his individual character he retains the lands of Sultanpur in opposition to the will.",
"name": "Person deriving benefit indirectly not put to election",
"related_acts": "",
"section_id": 185
},
{
"act_id": 138,
"details": "185. A person who in his individual capacity takes a benefit under a will may, in another character, elect to take in opposition to the will. Illustration The estate of Sultanpur is settled upon A for life, and after his death upon B. A leaves the estate of Sultanpur to D, and 2,000 Taka to B, and 1,000 Taka to C, who is B's only child. B dies intestate, shortly after the testator, without having made an election. C takes out administration to B, and as administrator elects to keep the estate of Sultanpur in opposition to the will, and to relinquish the legacy of 2,000 Taka. C may do this, and yet claim his legacy of 1,000 Taka under the will.",
"name": "Person taking in individual capacity under will may in other character elect to take in opposition",
"related_acts": "",
"section_id": 186
},
{
"act_id": 138,
"details": "186. Not withstanding anything contained in sections 180 to 185, where a particular gift is expressed in the will to be in lieu of something belonging to the legatee which is also in terms disposed of by the will, then, if the legatee claims that thing, he must relinquish the particular gift, but he is not bound to relinquish any other benefit given to him by the will. Illustration Under A's marriage-settlement his wife is entitled, if she survives him, to the enjoyment of the estate of Sultanpur during her life. A by his will bequeaths to his wife an annuity of 200 Taka during her life, in lieu of her interest in the estate of Sultanpur, which estate he bequeaths to his son. He also gives his wife a legacy of 1,000 Taka. The widow elects to take what she is entitled to under the settlement. She is bound to relinquish the annuity but not the legacy of 1,000 Taka.",
"name": "Exception to provisions of last six sections",
"related_acts": "",
"section_id": 187
},
{
"act_id": 138,
"details": "187. Acceptance of a benefit given by a will constitutes an election by the legatee to take under the will, if he had knowledge of his right to elect and of those circumstances which would influence the judgement of a reasonable man in making an election, or if he waives inquiry into the circumstances. Illustrations (i) A is owner of an estate called Sultanpur Khurd, and has a life interest in another estate called Sultanpur Buzurg to which upon his death is son B will be absolutely entitled. The will of A gives the estate of Sultanpur Khurd to B, and the estate of Sultanpur Buzurg to C. B, in ignorance of his own right to the estate of Sultanpur Buzrug, allows C to take possession of it, and enters into possession of the estate of Sultanpur Khurd. B has not confirmed the bequest of Sultanpur Buzurg to C. (ii) B, the eldest son of A, is the possessor of an estate called sultanpur. A bequeaths Sultanpur to C, and to B the residure of A's property. B having been informed by A's executors that the residue will amount to 5,000 Taka, allows C to take possession of Sultanpur. He afterwards discovers that the residue does not amount to more than 500 Taka. B has not confirmed the bequest of the estate of Sultanpur to C.",
"name": "When acceptance of benefit given by will constitutes election to take under will",
"related_acts": "",
"section_id": 188
},
{
"act_id": 138,
"details": "188. (1) Such knowledge or waiver of inquiry shall, in the absence of evidence to the contrary, be presumed if the legatee has enjoyed for two years the benefits provided for him by the will without doing any act to express dissent. (2) Such knowledge or waiver of inquiry may be inferred from any act of the legatee which renders it impossible to place the persons interested in the subject-matter of the bequest in the same condition as if such act had not been done. Illustration A bequeaths to B an estate to which C is entitled, and to C a coal mine. C takes possession of the mine and exhausts it. He has thereby confirmed the bequest of the estate to B.",
"name": "Circumstances in which knowledge or waiver is presumed or inferred",
"related_acts": "",
"section_id": 189
},
{
"act_id": 138,
"details": "189. If the legatee does not, within one year after the death of the testator, signify to the testator's representatives his intention to confirm or to dissent from the will, the representatives shall, upon the expiration of that period, require him to make his election; and, if he does not comply with such requisition within a reasonable time after he has received it, he shall be deemed to have elected to confirm the will.",
"name": "When testator's representatives may call upon legatee to elect",
"related_acts": "",
"section_id": 190
},
{
"act_id": 138,
"details": "190. In case of disability the election shall be postponed until the disability ceases, or until the election is made by some competent authority.",
"name": "Postponement of election in case of disability",
"related_acts": "",
"section_id": 191
},
{
"act_id": 138,
"details": "191.(1) A man may dispose, by gift made in contemplation of death, of any moveable property which he could dispose of by will. (2) A gift said to be made in contemplation of death where a man, who is ill and expects to die shortly of his illness, delivers to another the possession of any moveable property to keep as a gift in case the donor shall die of that illness. (3) Such a gift may be resumed by the giver; and shall not take effect if he recovers from the illness during which it was made; nor if he survives the person to whom it was made. Illustrations (i) A, being ill, and in expectation of death, delivers to B, to be retained by him in case of A's death,- a watch: a bond granted by C to A: a bank-note: a promissory note of the Government endorsed in blank: a bill of exchange endorsed in blank: certain mortgage-deeds. A dies of the illness during which he delivered these articles. B is entitled to- the watch: the debt secured by C's bond: the bank-note: the promissory note of the Government: the bill of exchange: the money secured by the mortgage-deeds. (ii) A, being ill, an in expectation of death, delivers to B the key of a trunk or the key of a warehouse in which goods of bulk belonging to A are deposited, with the intention of giving him the control over the contents of the trunk, or over the deposited goods, and desires him to keep them in case of A's death. A dies of the illness during which he delivered these articles. B is entitled to the trunk and its contents or to A's goods of bulk in the warehouse. (iii) A, being ill, and in expectation of death, puts aside certain articles in separate parcels and marks upon the parcels respectively the names of B and C. The parcels are not delivered during the life of A. A dies of the illness during which he set aside the parcel. B and C are not entitled to the contents of the parcel.",
"name": "Property transferable by gift made in contemplation of death",
"related_acts": "",
"section_id": 192
},
{
"act_id": 138,
"details": "192. (1) If any person dies leaving property, moveable or immoveable, any person claiming a right by succession thereto or to any portion thereof, may make application to the District Judge of the district where any part of the property is found or situate for relief, either after actual possession has been taken by another person, or when forcible means of seizing possession are apprehended.(2) Any agent, relative or near friend, or the Court of Wards in cases within their cognizance, may, in the event of any minor, or nay disqualified or absent person being entitled by succession to such property as aforesaid, make the like application for relief.",
"name": "Person claiming right by succession to property of deceased may apply for relief against wrongful possession",
"related_acts": "",
"section_id": 193
},
{
"act_id": 138,
"details": "193. The District Judge to whom such application is made shall, in the first place, examine the applicant on oath, and may make such further inquiry, if any, as he thinks necessary as to whether there is sufficient ground for believing that the party in possession or taking forcible means for seizing possession has no lawful title, and that the applicant, or the person on whose behalf he applied, is really entitled and is likely to be materially prejudiced if left to the ordinary remedy of a suit, and that the application is made bona fide.",
"name": "Inquiry made by Judge",
"related_acts": "",
"section_id": 194
},
{
"act_id": 138,
"details": "194. If the District Judge is satisfied that there is sufficient ground for believing as aforesaid but not otherwise, he shall summon the party complained of, and give notice of vacant or disturbed possession by publication, and, after the expiration of a reasonable line, shall determine summarily the right to possession (subject to a suit as hereinafter provided) and shall deliver possession accordingly: Provided that the judge shall have the power to appoint an officer who shall take an inventory of effects, and seal or otherwise secure the same, upon being applied to for the purpose, without delay, whether he shall have concluded the inquiry necessary for summoning the party complained of or not.",
"name": "Procedure",
"related_acts": "",
"section_id": 195
},
{
"act_id": 138,
"details": "195. If it further appears upon such inquiry as aforesaid that danger is to be apprehended of the misappropriation or waste of the property before the summary proceeding can be determined, and that the delay in obtaining security from the party in possession or the insufficiency thereof is likely to expose the party out of possession to considerable risk, provided he is the lawful owner, the District Judge may appoint one or more curators whose authority shall continue according to the terms of his or their respective appointments, and in no case beyond the determination of the summary proceeding and the confirmation or delivery of possession in consequence thereof: Provided that, in the case of land, the Judge may delegate to the Collector, or to any officer subordinate to the Collector, the powers of a curator: Provided, further, that every appointment of a curator in respect of any property shall be duly published.",
"name": "Appointment of curator pending determination of proceeding",
"related_acts": "",
"section_id": 196
},
{
"act_id": 138,
"details": "196. The District Judge may authorise the curator to take possession of the property either generally, or until security is given by the party in possession, or until inventories of the property have been made, or for any other purpose necessary for securing the property from misappropriation or waste by the party in possession: Provided that it shall be in the discretion of the Judge to allow the party in possession to continue in such possession on giving security or not, and any continuance in possession shall be subject to such orders as the Judge may issue touching inventories, or the securing of deeds or other effects.",
"name": "Powers conferrable on curator",
"related_acts": "",
"section_id": 197
},
{
"act_id": 138,
"details": "197. (1) Where a certificate has been granted under Part X 9* * * or a grant of probate or letters of administration has been made, a curator appointed under this Part shall not exercise any authority lawfully belonging to the holder of the certificate or to the executor or administrator.",
"name": "Prohibition of exercise of certain powers by curators",
"related_acts": "",
"section_id": 198
},
{
"act_id": 138,
"details": "(2) All persons who have paid debts or rents to a curator authorised by a Court to receive them shall be indemnified, and the curator shall be responsible for the payment thereof to the person who has obtained the certificate, probate or letters of administration, as the case may be.",
"name": ", to curator",
"related_acts": "",
"section_id": 199
},
{
"act_id": 138,
"details": "198. (1) The District Judge shall take from the curator security for the faithful discharge of his trust, and for rendering satisfactory accounts of the same as hereinafter provided, and may authorise him to receive out of the property such remuneration, in no case exceeding five per centum on the moveable property and on the annual profits of the immovable property, as the District Judge thinks reasonable. (2) All surplus money realized by the curator shall be paid into Court, and invested in public securities for the benefit of the persons entitled thereto upon adjudication of the summary proceeding. (3) Security shall be required from the curator with all reasonable despatch, and, where it is practicable, shall be taken generally to answer all cases for which the person may be afterwards appointed curator; but no delay in the taking of security shall prevent the Judge from immediately investing the curator with the powers of his office.",
"name": "Curator to give security and may receive remuneration",
"related_acts": "",
"section_id": 200
},
{
"act_id": 138,
"details": "199. (1) Where the estate of the deceased person consists wholly or in part of land paying revenue to Government, in all matters regarding the property of summoning the party in possession, of appointing a curator, or of nominating individuals to that appointment, the District Judge shall demand a report from the Collector, and the Collector shall thereupon furnish the same: Provided that in cases of urgency the Judge may proceed, in the first instance, without such report. (2) The Judge shall not be obliged to act in conformity with any such report, but, in case of his acting otherwise than according to such report, he shall immediately forward a statement of his reasons to the High Court Division, and the High Court Division, if it is dissatisfied with such reasons, shall direct the Judge to proceed conformably to the report of the Collector.",
"name": "Report from Collector where estate includes revenue-paying land",
"related_acts": "",
"section_id": 201
},
{
"act_id": 138,
"details": "200. The curator shall be subject to all orders of the District Judge regarding the institution or the defence of suits, and all suits may be instituted or defended in the name of the curator on behalf of the estate: Provided that an express authority shall be requisite in the order of the curator's appointment for the collection of debts or rents; but such express authority shall enable the curator to give a full acquittance for any sums of money received by virtue thereof.",
"name": "Institution and defence of suits",
"related_acts": "",
"section_id": 202
},
{
"act_id": 138,
"details": "201. Pending the custody of the property by the curator, the District Judge may make such allowances to parties having a prima facie right thereto as upon a summary investigation of the rights and circumstances of the parties interested he considers necessary, and may, at his direction, take security for the repayment thereof with interest, in the event of the party being found, upon the adjudication of the summary proceeding, not to be entitled thereto.",
"name": "Allowances to apparent owners pending custody by curator",
"related_acts": "",
"section_id": 203
},
{
"act_id": 138,
"details": "202. The curator shall file monthly accounts in abstract, and shall, on the expiry of each period of three months, if his administration lasts so long, and, upon giving up the possession of the property, file a detailed account of his administration to the satisfaction of the District Judge.",
"name": "Accounts to be filed by curator",
"related_acts": "",
"section_id": 204
},
{
"act_id": 138,
"details": "203. (1) The accounts of the curator shall be open to the inspection of all parties interested; and it shall be competent for any such interested party to appoint a separate person to keep a duplicate account of all receipts and payments by the curator. (2) If it is found that the accounts of the curator are in arrear, or that they are erroneous or incomplete, or if the curator does not produce them whenever he is ordered to do so by the District Judge, he shall be punishable with fine not exceeding one thousand Taka for every such default.",
"name": "Inspection of accounts and right of interested party to keep duplicate",
"related_acts": "",
"section_id": 205
},
{
"act_id": 138,
"details": "204. If the Judge of any district has appointed a curator, in respect of the whole of the property of a deceased person, such appointment shall preclude the Judge of any other district 10* * * from appointing any other curator, but the appointment of a curator in respect of a portion of the property of the deceased shall not preclude the appointment 11* * * of another curator in respect of the residue or any portion thereof: Provided that no Judge shall appoint a curator or entertain a summary proceeding in respect of property which is the subject of a summary proceeding previously instituted under this Part before another Judge: Provided, further, that if two or more curators are appointed by different Judges for several parts of an estate, the High Court Division may make such order as it thinks fit for the appointment of one curator of the whole property.",
"name": "Bar to appointment of second curator for same property",
"related_acts": "",
"section_id": 206
},
{
"act_id": 138,
"details": "205. An application under this Part to the District Judge must be made within six months of the death of the proprietor whose property is claimed by right in succession.",
"name": "Limitation of time for application for curator",
"related_acts": "",
"section_id": 207
},
{
"act_id": 138,
"details": "206. Nothing in this Part shall be deemed to authorise the contravention of any public act of settlement or of any legal directions given by a deceased proprietor of any property for the possession of his property after his decease in the event of minority or otherwise, and, in every such case, as soon as the Judge having jurisdiction over the property of a deceased person is satisfied of the existence of such directions, he shall give effect thereto.",
"name": "Bar to enforcement of Part against public settlement or legal directions by deceased",
"related_acts": "",
"section_id": 208
},
{
"act_id": 138,
"details": "207. Nothing in this Part shall be deemed to authorise any disturbance of the possession of a Court of Wards of any property; and in case a minor, or other disqualified person whose property is subject to the Court of Wards, is the party on whose behalf application is made under this Part, the District Judge, if he determines to summon the party in possession and to appoint a curator, shall invest the Court of Wards with the curatorship of the estate pending the proceeding without taking security as aforesaid; and if the minor or other disqualified person, upon the adjudication of the summary proceeding, appears to be entitled to the property, possession shall be delivered to the Court of Wards.",
"name": "Court of Wards to be made curator in case of minors having property subject to its jurisdiction",
"related_acts": "",
"section_id": 209
},
{
"act_id": 138,
"details": "208. Nothing contained in this Part shall be any impediment to the bringing of a suit either by the party whose application may have been rejected before or after the summoning of the party in possession, or by the party who may have been evicted from the possession under this Part.",
"name": "Saving of right to bring suit",
"related_acts": "",
"section_id": 210
},
{
"act_id": 138,
"details": "209. The decision of a District Judge in a summary proceeding under this Part shall have no other effect than that of settling the actual possession; but for this purpose it shall be final, and shall not be subject to any appeal or review.",
"name": "Effect of decision of summary proceeding",
"related_acts": "",
"section_id": 211
},
{
"act_id": 138,
"details": "210. The Government may appoint public curators for any district or number of districts; and the District Judge having jurisdiction shall nominate such public curators in all cases where the choice of a curator is left discretionary with him under this Part.",
"name": "Appointment of public curators",
"related_acts": "",
"section_id": 212
},
{
"act_id": 138,
"details": "211. (1) The executor or administrator, as the case may be, of a deceased person is his legal representative for all purposes, and all the property of the deceased person vests in him as such. (2) When the deceased was a Hindu, Muslim, Buddhist, Sikh or Jaina or an exempted person, nothing herein contained shall vest in an executor or administrator any property of the deceased person which would otherwise have passed by survivorship to some other person.",
"name": "Character and property of executor or administrator as such",
"related_acts": "",
"section_id": 213
},
{
"act_id": 138,
"details": "212. (1) No right to any part of the property of a person who has died intestate can be established in any Court of Justice, unless letters of administration have first been granted by a Court of competent jurisdiction. (2) This section shall not apply in the case of the intestacy of a Hindu, Muslim, Buddhist, Sikh, Jaina or Bangladesh Christian.",
"name": "Right to intestate's property",
"related_acts": "",
"section_id": 214
},
{
"act_id": 138,
"details": "213. (1) No right as executor or legatee can be established in any Court of Justice, unless a Court of competent jurisdiction in Bangladesh has granted probate of the will under which the right is claimed, or has granted letters of administration with the will or with a copy of an authenticated copy of the will annexed. (2) This section shall not apply in the case of wills made by 12Muslims, and shall only apply in the case of wills made by any Hindu, Buddhist, Sikh or Jaina where such wills are of the classes specified in clauses (a) and (b) of section 57.",
"name": "Right as executor or legatee when established",
"related_acts": "",
"section_id": 215
},
{
"act_id": 138,
"details": "214. (1) No Court shall- (a)\tpass a decree against a debtor of a deceased person for payment of his debt to a person claiming on succession to be entitled to the effects of the deceased person or to any part thereof, or (b)\tproceed, upon an application of a person claiming to be so entitled, to execute against such a debtor a decree or order for the payment of his debt, except on the production, by the person so claiming, of- (i)\ta probate or letters of administration evidencing the grant to him of administration to the estate of the deceased, or (ii)\ta certificate granted under section 31 or section 32 of the Administrator General's Act, 1913, and having the debt mentioned therein, or (iii)\ta succession certificate granted under Part X and having the debt specified therein, or 13* * * (2) The word \"debt\" in sub-section (1) includes any debt except rent, revenue or profits payable in respect of land used for agricultural purposes.",
"name": "Proof of representative title a condition precedent to recovery through the Courts of debts from debtors of deceased persons",
"related_acts": "99",
"section_id": 216
},
{
"act_id": 138,
"details": "215. (1) A grant of probate or letters of administration in respect of an estate shall be deemed to supersede any certificate previously granted under Part X 14* * * in respect of any debts or securities included in the estate. (2) When at the time of the grant of the probate or letters any suit or other proceeding instituted by the holder of any such certificate regarding any such debt or security is pending, the person to whom the grant is made shall, on applying to the Court in which the suit or proceeding is pending, be entitled to take the place of the holder of the certificate in the suit or proceeding: Provided that, when any certificate is superseded under this section, all payments made to the holder of such certificate in ignorance of such supersession shall be held good against claims under the probate or letters of administration.",
"name": "Effect on certificate of subsequent probate or letters of administration",
"related_acts": "",
"section_id": 217
},
{
"act_id": 138,
"details": "216. After any grant of probate or letters of administration, no other than the person to whom the same may have been granted shall have power to sue or prosecute any suit, or otherwise act as representative of the deceased, 15* * * until such probate or letters of administration has or have been recalled or revoked.",
"name": "Grantee of probate or administration alone to sue, etc., until same revoked",
"related_acts": "",
"section_id": 218
},
{
"act_id": 138,
"details": "217. Save as otherwise provided by this Act or by any other law for the time being in force, all grants of probate and letters of administration with the will annexed and the administration of the assets of the deceased in cases of intestate succession shall be made or carried out, as the case may be, in accordance with the provisions of this Part.",
"name": "Application of Part",
"related_acts": "",
"section_id": 219
},
{
"act_id": 138,
"details": "218. (1) If the deceased has died intestate and was a Hindu, Muslim, Buddhist, Sikh or Jaina or an exempted person, Administration of his estate may be granted to any person who, according to the rules for the distribution of the estate applicable in the case of such deceased, would be entitled to the whole or any part of such deceased's estate. (2) When several such persons apply for such administration, it shall be in the discretion of the Court to grant it to any one or more of them. (3) When no such person applied, it may be granted to a creditor of the deceased.",
"name": "To whom administration may be granted, where deceased is a Hindu, Muslim, Buddhist, Sikh, Jaina or exempted person",
"related_acts": "",
"section_id": 220
},
{
"act_id": 138,
"details": "219. If the deceased has died intestate and was not a person belonging to any of the classes referred to in section 218, those who are connected with him, either by marriage or by consanguinity, are entitled to obtain letters of administration of his estate and effects in the order and according to the rules hereinafter stated, namely:- (a)\tIf the deceased has left a widow, administration shall be granted to the widow, unless the Court sees cause to exclude her, either on the ground of some personal disqualification, or because she has no interest in the estate of the deceased. Illustrations (i) The widow is a lunatic or has committed adultery or has been barred by her marriage settlement of all interest in her husband's estate. There is cause for excluding her from the administration. (ii) The widow has married again since the decease of her husband. This is not good cause for her exclusion. (b)\tIf the Judge thinks proper, he may associate any person or persons with the widow in the administration who would be entitled solely to the administration if there were not widow. (c)\tIf there is no widow, or if the Court sees cause to exclude the widow, it shall commit the administration to the person or persons who would be beneficially entitled to the estate according to the rules for the distribution of an intestate's estate: Provided that, when the mother of the deceased is one of the class of persons so entitled, she shall be solely entitled to administration. (d)\tThose who stand in equal degree of kindred to the deceased are equally entitled to administration. (e)\tThe husband surviving his wife has the same right of administration of her estate as the widow has in respect of the estate of her husband. (f)\tWhen there is no person connected with the deceased by marriage or consanguinity who is entitled to letters of administration and willing to act, they may be granted to a creditor. (g)\tWhere the deceased has left property in Bangladesh letters of administration shall be granted according to the foregoing rules, notwithstanding that he had his domicile in a country in which the law relating to testate and intestate succession differs from the law of Bangladesh.",
"name": "Where deceased is not a Hindu, Muslim, Buddhist, Sikh, Jaina or exempted person",
"related_acts": "",
"section_id": 221
},
{
"act_id": 138,
"details": "220. Letters of administration entitle the administrator to all rights belonging to the intestate as effectually as if the administration had been granted at the moment after his death.",
"name": "Effect of letters of administration",
"related_acts": "",
"section_id": 222
},
{
"act_id": 138,
"details": "221. Letters of administration do not render valid any intermediate acts of the administrator tending to the diminution or damage of the intestate's estate.",
"name": "Acts not validated by administration",
"related_acts": "",
"section_id": 223
},
{
"act_id": 138,
"details": "222. (1) Probate shall be granted only to an executor appointed by the will. (2) The appointment may be expressed or by necessary implication. Illustrations (i) A wills that C be his executor if B will not. B is appointed executor by implication. (ii) A gives a legacy to B and several legacies to other persons, among the rest to his daughter-in-law C, and adds \"but should the within-named C be not living I do constitute and appoint B my whole and sole executrix\". C is appointed executrix by implication. (iii) A appoints several persons executors of his will and codicils and his nephew residurary legatee, and in another codicil are these words, \"I appoint my nephew my residuary legatee, to discharge all lawful demands against my will and codicils signed of different dates.\" The nephew is appointed an executor by implication.",
"name": "Probate only to appointed executor",
"related_acts": "",
"section_id": 224
},
{
"act_id": 138,
"details": "223. Probate cannot be granted to any person who is a minor or is of unsound mind nor to any association of individuals unless it is a company which satisfies the conditions prescribed by rules to be made by the Government in this behalf.",
"name": "Persons to whom probate cannot be granted",
"related_acts": "",
"section_id": 225
},
{
"act_id": 138,
"details": "224. When several executors are appointed, probate may be granted to them all simultaneously or at different times. Illustration A is an executor of B's will by express appointment and C an executor of it by implication. Probate may be granted to A and C at the same time or to A first and then to C, or to C first and then to A.",
"name": "Grant of probate to several executors simultaneously or at different times",
"related_acts": "",
"section_id": 226
},
{
"act_id": 138,
"details": "225. (1) If a codicil is discovered after the grant of probate, a separate probate of that codicil may be granted to the executor, if it in no way repeals the appointment of executors made by the will. (2) If different executors are appointed by the codicil, the probate of the will shall be revoked, and a new probate granted of the will and the codicil together.",
"name": "Separate probate of codicil discovered after grant of probate",
"related_acts": "",
"section_id": 227
},
{
"act_id": 138,
"details": "226. When probate has been granted to several executors, and one of them dies, the entire representation of the testator accrues to the surviving executor or executors.",
"name": "Accrual of representation to surviving executor",
"related_acts": "",
"section_id": 228
},
{
"act_id": 138,
"details": "227. Probate of a will when granted establishes the will from the death of the testator, and renders valid all intermediate acts of the executor as such.",
"name": "Effect of probate",
"related_acts": "",
"section_id": 229
},
{
"act_id": 138,
"details": "228. When a will has been proved and deposited in a Court of competent jurisdiction 16* * *, whether within or beyond the limits of Bangladesh, and a properly authenticated copy of the will is produced, letters of administration may be granted with a copy of such copy annexed.",
"name": "Administration, with copy annexed, of authenticated copy of will proved abroad",
"related_acts": "",
"section_id": 230
},
{
"act_id": 138,
"details": "229. When a person appointed an executor has not renounced the executorship, letters of administration shall not be granted to any other person until a citation has been issued, calling upon the executor to accept or renounce his executorship: Provided that, when one or more of several executors have proved a will the Court may, on the death of the survivor of those who have proved, grant letters of administration without citing those who have not proved.",
"name": "Grant of administration where executor has not renounced",
"related_acts": "",
"section_id": 231
},
{
"act_id": 138,
"details": "230. The renunciation may be made orally in the presence of the Judge, or by a writing signed by the person renouncing, and when made shall preclude him from ever thereafter applying for probate of the will appointing him executor.",
"name": "Form and effect of renunciation of executorship",
"related_acts": "",
"section_id": 232
},
{
"act_id": 138,
"details": "231. If an executor renounces, or fails to accept an executorship within the time limited for the acceptance or refusal thereof, the will may be proved and letters of administration, with a copy of the will annexed, may be granted to the person who would be entitled to administration in case of intestacy.",
"name": "Procedure where executor renounces or fails to accept within time limited",
"related_acts": "",
"section_id": 233
},
{
"act_id": 138,
"details": "232. When- (a)\tthe deceased has made a will, but has not appointed an executor, or (b)\tthe deceased has appointed an executor who is legally incapable or refuses to act, or who has died before the testator or before he has proved the will, or (c)\tthe executor dies after having proved the will, but before he has administered all the estate of the deceased, an universal or a residuary legatee may be admitted to prove the will, and letters of administration with the will annexed may be granted to him of the whole estate, or of so much thereof as may be unadministered.",
"name": "Grant of administration to universal or residuary legatees",
"related_acts": "",
"section_id": 234
},
{
"act_id": 138,
"details": "233. When a residuary legatee who has a beneficial interest survives the testator, but dies before the estate has been fully administrated, his representative has the same right to administration with the will annexed as such residuary legatee.",
"name": "Right to administration of representative of deceased residuary legatee",
"related_acts": "",
"section_id": 235
},
{
"act_id": 138,
"details": "234. When there is no executor and no residuary legatee or representative of a residuary legatee, or he declines or is incapable to act, or cannot be found, the person or persons who would be e1`ntitled to the administration of the estate of the deceased if he had died intestate, or any other legatee having a beneficial interest, or a creditor, may be admitted to prove the will, and letters of administration may be granted to him or them accordingly.",
"name": "Grant of administration where no executor, nor residuary lagatee nor representative of such legatee",
"related_acts": "",
"section_id": 236
},
{
"act_id": 138,
"details": "235. Letters of administration with the will annexed shall not be granted to any legatee other then an universal or a residuary legatee, until a citation has been issued and published in the manner hereinafter mentioned, calling on the next-of-kin to accept or refuse letters of administration.",
"name": "Citation before grant of administration to legate other than universal or residuary",
"related_acts": "",
"section_id": 237
},
{
"act_id": 138,
"details": "236. Letters of administration cannot be granted to any person who is a minor or is of unsound mind, nor to any association of individuals unless it is a company which satisfies the conditions prescribed by rules to be made by the Govern-ment in this behalf.",
"name": "To whom administration may not be granted",
"related_acts": "",
"section_id": 238
},
{
"act_id": 138,
"details": "237. When a will has been lost or mislaid since the testator's death, or has been destroyed by wrong or accident and not by any act of the testator, and a copy or the draft of the will has been preserved, probate may be granted of such copy or draft, limited until the original or a properly authenticated copy of it is produced.",
"name": "Probate of copy or draft of lost will",
"related_acts": "",
"section_id": 239
},
{
"act_id": 138,
"details": "238. When a will has been lost or destroyed and no copy has been made nor the draft preserved, probate may be granted of its contents if they can be established by evidence.",
"name": "Probate of contents of lost or destroyed will",
"related_acts": "",
"section_id": 240
},
{
"act_id": 138,
"details": "239. When the will is in the possession of a person residing out of 17Bangladesh, who has refused or neglected to deliver it up, but a copy has been transmitted to the executor, and it is necessary for the interests of the estate that probate should be granted without waiting for the arrival of the original, probate may be granted of the copy so transmitted, limited until the will or an authenticated copy of it is produced.",
"name": "Probate of copy where original exists",
"related_acts": "",
"section_id": 241
},
{
"act_id": 138,
"details": "240. Where no will of the deceased is forthcoming, but there is reason to believe that there is a will in existence, letters of administration may be granted, limited until the will or an authenticated copy of it is produced.",
"name": "Administration until will produced",
"related_acts": "",
"section_id": 242
},
{
"act_id": 138,
"details": "241. When any executor is absent from 18Bangladesh and there is no executor in Bangladesh willing to act, letters of adminis-tration, with the will annexed, may be granted to the attorney or agent of the absent executor; for the use and benefit of his principal, limited until he shall obtain probate or letters of administration granted to himself.",
"name": "Administration, with will annexed, to attorney of absent executor",
"related_acts": "",
"section_id": 243
},
{
"act_id": 138,
"details": "242. When any person to whom, if present, letters of administration, with the will annexed, might be granted, is absent from 19Bangladesh, letters of administration, with the will annexed, may be granted to his attorney or agent, limited as mentioned in section 241.",
"name": "Administration, with will annexed, to attorney of absent person who, if present, would be entitled to administer",
"related_acts": "",
"section_id": 244
},
{
"act_id": 138,
"details": "243. When a person entitled to administration in case of intestacy is absent from 20Bangladesh, and no person equally entitled is willing to act, letters of administration may be granted to the attorney or agent of the absent person, limited as mentioned in section 241.",
"name": "Administration to attorney of absent person entitled to administer in case of intestacy",
"related_acts": "",
"section_id": 245
},
{
"act_id": 138,
"details": "244. When a minor is sole executor or sole residuary legatee, letters of administration, with the will annexed, may be granted to the legal guardian of such minor or to such other person as the Court may think fit until the minor has attained his majority at which period, and not before, probate of the will shall be granted to him.",
"name": "Administration during minority of sole executor or residuary legatee",
"related_acts": "",
"section_id": 246
},
{
"act_id": 138,
"details": "245. When there are two or more minor executors and no executor who has attained majority, or two or more residuary legatees and no residuary legatee who has attained majority, the grant shall be limited until one of them shall have attained his majority.",
"name": "Administration during minority of several executors or residuary legatees",
"related_acts": "",
"section_id": 247
},
{
"act_id": 138,
"details": "246. If a sole executor or a sole universal or residuary legatee, or a person who would be solely entitled to the estate of the intestate according to the rule for the distribution of intestates' estates applicable in the case of the deceased, is a minor or lunatic, letters of administration, with or without the will annexed, as the case may be, shall be granted to the person to whom the care of his estate has been committed by competent authority, or, if there is no such person, to such other person as the Court may think fit to appoint, for the use and benefit of the minor or lunatic until he attains majority or becomes of sound mind, as the case may be.",
"name": "Administration for use and benefit of lunatic or minor",
"related_acts": "",
"section_id": 248
},
{
"act_id": 138,
"details": "247. Pending any suit touching the validity of the will of a deceased person or for obtaining or revoking any probate or any grant of letters of administration, the Court may appoint an administrator of the estate of such deceased person, who shall have all the rights and powers of a general administrator, other than the right of distributing such estate, and every such administrator shall be subject to the immediate control of the Court and shall act under its direction.",
"name": "Administration pendente lite",
"related_acts": "",
"section_id": 249
},
{
"act_id": 138,
"details": "248. If an executor is appointed for any limited purpose specified in the will, the probate shall be limited to that purpose, and if he should appoint an attorney or agent to take administration on his behalf, the letters of administration, with the will annexed, shall be limited accordingly.",
"name": "Probate limited to purpose specified in will",
"related_acts": "",
"section_id": 250
},
{
"act_id": 138,
"details": "249. If an executor is appointed generally gives an authority to an attorney or agent to prove a will on his behalf, and the authority is limited to a particular purpose, the letters of administration, with the will annexed, shall be limited accordingly.",
"name": "Administration, with will annexed, limited to particular purpose",
"related_acts": "",
"section_id": 251
},
{
"act_id": 138,
"details": "250. Where a person dies, leaving property of which he was the sole or surviving trustee, or in which he had no beneficial interest on his own account, and leaves no general representative, or one who is unable or unwilling to at as such, letters of administration, limited to such property, may be granted to the beneficiary, or to some other person on his behalf.",
"name": "Administration limited to property in which person has beneficial interest",
"related_acts": "",
"section_id": 252
},
{
"act_id": 138,
"details": "251. When it is necessary that the representative of a person deceased be made a party to a pending suit, and the executor or person entitled to administration is unable or unwilling to act, letters of administration may be granted to the nominee of a party in such suit, limited for the purpose of representing the deceased in the said suit, or in any other cause or suit which may be commenced in the same or in any other Court between the parties, or any other parties, touching the matters at issue in the said cause or suit, and until a final decree shall be made therein and carried into complete execution.",
"name": "Administration limited to suit",
"related_acts": "",
"section_id": 253
},
{
"act_id": 138,
"details": "252. If, at the expiration of twelve months from the date of any probate or letters of administration, the executor or administrator to whom the same has been granted is absent from 21Bangladesh, the Court may grant, to any person whom it may think fit, letters of administration limited to the purpose of becoming and being made a party to a suit to be brought against the executor or administrator, and carrying the decree which may be made therein into effect.",
"name": "Administration limited to purpose of becoming party to suit to be brought against administrator",
"related_acts": "",
"section_id": 254
},
{
"act_id": 138,
"details": "253. In any case in which it appears necessary for preserving the property of a deceased person, the Court within whose jurisdiction any of the property is situate may grant to any person, whom such Court may think fit, letters of administration limited to the collection and preservation of the property of the deceased and to the giving of discharges for debts due to his estate, subject to the directions of the Court.",
"name": "Administration limited to collection and preservation of deceased's property",
"related_acts": "",
"section_id": 255
},
{
"act_id": 138,
"details": "254. (1) When a person has died intestate, or leaving a will of which there is no executor willing and competent to act or where the executor is, at the time of the death of such person, resident out of 22Bangladesh, and it appears to the Court to be necessary or convenient to appoint some person to administer the estate or any part thereof, other than the person who, in ordinary circumstances, would be entitled to a grant of administration, the Court may, in its discretion, having regard to consanguinity, amount of interest, the safety of the estate and probability that it will be properly administered, appoint such person as it thinks fit to be administrator. (2) In every such case letters of administration may be limited or not as the Court thinks fit.",
"name": "Appointment, as administrator, of person other than one who, in ordinary circumstances, would be entitled to administration",
"related_acts": "",
"section_id": 256
},
{
"act_id": 138,
"details": "255. Whenever the nature of the case requires that an exception be made, probate of a will, or letters of administration with the will annexed, shall be granted subject to such exception.",
"name": "Probate or administration, with will annexed, subject to exception",
"related_acts": "",
"section_id": 257
},
{
"act_id": 138,
"details": "256. Whenever the nature of the case requires that an exception be made, letters of administration shall be granted subject to such exception.",
"name": "Administration with exception",
"related_acts": "",
"section_id": 258
},
{
"act_id": 138,
"details": "257. Whenever a grant with exception of probate, or of letters of administration with or without the will annexed, has been made, the person entitled to probate or administration of the remainder of the deceased's estate may take a grant of probate or letters of administration, as the case may be, of the rest of the deceased's estate.",
"name": "Probate or administration of rest",
"related_acts": "",
"section_id": 259
},
{
"act_id": 138,
"details": "258. If an executor to whom probate has been granted has died, leaving a part of the testator's estate unadministered, a new representative may be appointed for the purpose of administering such part of the estate.",
"name": "Grant of effects unadministered",
"related_acts": "",
"section_id": 260
},
{
"act_id": 138,
"details": "259. In granting letters of administration of an estate not fully administered, the Court shall be guided by the same rules as apply to original grants, and shall grant letters of administration to those persons only to whom original grants might have been made.",
"name": "Rules as to grants of effects unadministered",
"related_acts": "",
"section_id": 261
},
{
"act_id": 138,
"details": "260. When a limited grant has expired by efflux of time, or the happening of the event or contingency on which it was limited, and there is still some part of the deceased's estate unadministered, letters of administration shall be granted to those persons to whom original grants might have been made.",
"name": "Administration when limited grant expired and still some part of estate unadministered",
"related_acts": "",
"section_id": 262
},
{
"act_id": 138,
"details": "261. Errors in names and descriptions, or in setting forth the time and place of the deceased's death, or the purpose in a limited grant, may be rectified by the Court, and the grant of probate or letters of administration may be altered and amended accordingly.",
"name": "What errors may be rectified by Court",
"related_acts": "",
"section_id": 263
},
{
"act_id": 138,
"details": "262. If, after the grant of letters of administration with the will annexed, a codicil is discovered, it may be added to the grant on due proof and identification, and the grant may be altered and amended accordingly.",
"name": "Procedure where codicil discovered after grant of administration with will annexed",
"related_acts": "",
"section_id": 264
},
{
"act_id": 138,
"details": "263. The grant of probate or letters of administration may be revoked or annulled for just cause. Explanation.-Just cause shall be deemed to exist where- (a)\tthe proceedings to obtain the grant were defective in substance; or (b)\tthe grant was obtained fraudulently by making a false suggestion, or by concealing from the Court something material to the case; or (c)\tthe grant was obtained by means of an untrue allegation of a fact essential in point of law to justify the grant, though such allegation was made in ignorance of inadvertently; or (d)\tthe grant has become useless and inoperative through circumstances; or (e)\tthe person to whom the grant was made has wilfully and without reasonable cause omitted to exhibit an inventory or account in accordance with the provisions of Chapter VII of this Part, or has exhibited under that Chapter an inventory or account which is untrue in a material respect. Illustrations (i) The Court by which the grant was made had no jurisdiction. (ii) The grant was made without citing parties who ought to have been cited. (iii) The will of which probate was obtained was forged or revoked. (iv) A obtained letters of administration to the estate of B, as his widow, but it has since transpired that she was never married to him. (v) A has taken administration to the estate of B as if he had died intestate, but a will has since been discovered. (vi) Since probate was granted, a later will has been discovered. (vii) Since probate was granted, a codicil has been discovered which revokes or adds to the appointment of executors under the will. (viii) The person to whom probate was, or letters of administration were, granted has subsequently become of unsound mind.",
"name": "Revocation or annulment for just cause",
"related_acts": "",
"section_id": 265
},
{
"act_id": 138,
"details": "264. (1) The District Judge shall have jurisdiction in granting and revoking probates and letters of administration in all cases within his district. (2) Except in cases to which section 57 applies, no Court shall, where the deceased is a Hindu, Muslim, Buddhist, Sikh or Jaina or an exempted person, receive applications for probate or letters of administration until the Government has, by a notification in the official Gazette, authorised it so to do.",
"name": "Jurisdiction of District Judge in granting and revoking probates, etc.",
"related_acts": "",
"section_id": 266
},
{
"act_id": 138,
"details": "265. (1) The 23Supreme Court, may appoint such judicial officers within any district as it thinks fit to act for the District Judge as Delegates to grant probate and letters of administration in non-contentious cases, within such local limits as it may prescribe: 24* * * (2) Persons so appointed shall be called \"District Delegates\".",
"name": "Power to appoint Delegate of District Judge to deal with non-contentious cases",
"related_acts": "",
"section_id": 267
},
{
"act_id": 138,
"details": "266. The District Judge shall have the like powers and authority in relation to the granting of probate and letters of administration, and all matters connected therewith, as are by law vested in him in relation to any civil suit or proceeding pending in his Court.",
"name": "District Judge's powers as to grant of probate and administration",
"related_acts": "",
"section_id": 268
},
{
"act_id": 138,
"details": "267. (1) The District Judge may order any person to produce and bring into Court any paper or writing, being or purporting to be testamentary, which may be shown to be in the possession or under the control of such person. (2) If it is not shown that any such paper or writing is in the possession or under the control of such person, but there is reason to believe that he has the knowledge of any such paper or writing, the Court may direct such person to attend for the purpose of being examined respecting the same. (3) Such person shall be bound to answer truly such questions as may be put to him by the Court, and, if so ordered, to produce and bring in such paper or writing, and shall be subject to the like punishment under the Penal Code, in case of default in not attending or in not answering such questions or not bringing in such paper or writing, as he would have been subject to in case he had been a party to a suit and had made such default. (4) The costs of the proceeding shall be in the discretion of the Judge.",
"name": "District Judge may order person to produce testamentary papers",
"related_acts": "",
"section_id": 269
},
{
"act_id": 138,
"details": "268. The proceedings of the Court of the District Judge in relation to the granting of probate and letters of administration shall, save as hereinafter otherwise provided, be regulated, so far as the circumstances of the case permit, by the Code of Civil Procedure, 1908.",
"name": "Proceedings of District Judge's Court in relation to probate and administration",
"related_acts": "86",
"section_id": 270
},
{
"act_id": 138,
"details": "269. (1) Until probate is granted of the will of a deceased person, or an administrator of his estate is constituted, the District Judge, within whose jurisdiction any part of the property of the deceased person is situate, is authorised and required to interfere for the protection of such property at the instance of any person claiming to be interested therein, and in all other cases where the judge considers that the property incurs any risk of loss or damage; and for that purpose, if he thinks fit, to appoint an officer to take and keep possession of the property. (2) This section shall not apply when the deceased is a Hindu, Muslim, Buddhist, Sikh or Jaina or an exempted person, nor shall it apply to any part of the property of Bangladesh Christian who has died intestate.",
"name": "When and how District Judge to interfere for protection of property",
"related_acts": "",
"section_id": 271
},
{
"act_id": 138,
"details": "270. Probate of the will or letters of administration to the estate of a deceased person may be granted by a District Judge under the seal of his Court, if it appears by a petition, verified as hereinafter provided, of the person applying for the same that the testator or intestate, as the case may be, at the time of his decease had a fixed place of abode, or any property, moveable or immoveable, within the jurisdiction of the Judge.",
"name": "When probate or administration may be granted by District Judge",
"related_acts": "",
"section_id": 272
},
{
"act_id": 138,
"details": "271. When the application is made to the Judge of a district in which the deceased had no fixed abode at the time of his death, it shall be in the discretion of the Judge to refuse the application, if in his judgement it could be disposed of more justly or conveniently in another district, or, where the application is for letters of administration, to grant them absolutely, or limited to the property within his own jurisdiction",
"name": "Disposal of application made to Judge of district in which deceased had no fixed abode",
"related_acts": "",
"section_id": 273
},
{
"act_id": 138,
"details": "272. Probate and letters of administration may, upon application for that purpose to any District Delegate, be granted by him in any case in which there is no contention, if it appears by petition, verified as hereinafter provided, that the testator or intestate, as the case may be, at the time of his death had affixed place of abode within the jurisdiction of such Delegate.",
"name": "Probate and letters of administration may be granted by Delegate",
"related_acts": "",
"section_id": 274
},
{
"act_id": 138,
"details": "273. Probate of letters of administration shall have effect over all the property and estate, moveable or immoveable, of deceased 25* * * and shall be conclusive as to the representative title against all debtors of the deceased, and all persons holding property which belongs to him, and shall afford full indemnity to all debtors, paying their debts and all persons delivering up such property to the person to whom such probate or letters of administration have been granted: Provided that probates and letters of administration granted- (a)\tby High Court Division, or (b)\tby a District Judge, where the deceased at the time of his death had a fixed place of abode situate within the jurisdiction of such Judge, and such Judge certifies that the value of the property and estate affected beyond the limits of 26Bangladesh, does not exceed ten thousand Taka, shall, unless otherwise directed by the grant, have like effect throughout Bangladesh. 27* * *",
"name": "Conclusiveness of probate or letters of administration",
"related_acts": "",
"section_id": 275
},
{
"act_id": 138,
"details": "274. (1) Where probate or letters of administration ha or have been granted by High Court Division, or District Judge with the effect referred to in the proviso to section 273, the High Court Division, or District judge shall send a certificate thereof to the following Courts, namely:- (a)\twhen the grant has been made by High Court Division, to each of the; 28District Courts; (b)\twhen the grant has been made by a District Judge, to the High Court Division 29* * *. (2) Every certificate referred to in sub-section (1) shall be made as nearly as circumstances admit in the form set forth in Schedule IV, and such certificate shall be filed by the High Court Division receiving the same. (3) Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Transmission to High Court Division of certificate of grants under proviso to section 273",
"related_acts": "430",
"section_id": 276
},
{
"act_id": 138,
"details": "275. The application for probate or letters of administration, if made and verified in the manner hereinafter provided, shall be conclusive for the purpose of authorising the grant of probate or administration; and no such grant shall be impeached by reason only that the testator or intestate had no fixed place of abode or no property within the district at the time of his death, unless by a proceeding to revoke the grant if obtained by a fraud upon the Court.",
"name": "Conclusiveness of application for probate or administra-tion if properly made and verified",
"related_acts": "",
"section_id": 277
},
{
"act_id": 138,
"details": "276.(1) Application for probate or for letters of administration, with the will annexed, shall be made by a petition distinctly written 30* * * in the language in ordinary use in proceedings before the Court in which the application is made, with the will or, in the cases mentioned in sections 237, 238, and 239, a copy, draft, or statement of the contents thereof, annexed, and stating- (a)\tthe time of the testator's death, (b)\tthat the writing annexed is his last will and testament, (c)\tthat it was duly executed, (d)\tthe amount of assets which are likely to come to the petitioner's hands, and (e)\twhen the application is for probate, that the petitioner is the executor named in the will. (2) In addition to these particulars, the petition shall further state, (a)\twhen the application is to the District Judge, that the deceased at the time of his death had a fixed place of abode, or had some property, situate within the jurisdiction of the Judge; and (b)\twhen the application is to a District Delegate, that the deceased at the time of his death had a fixed place of abode within the jurisdiction of such Delegate. (3) Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Petition for probate",
"related_acts": "430",
"section_id": 278
},
{
"act_id": 138,
"details": "277. In cases wherein the will, copy or draft, is written in any language other 31* * * than that in ordinary use in proceedings before the Court, there shall be a translation thereof annexed to the petition by a translator of the Court, if the language be one for which a translator is appointed; or, if the will, copy or draft, is in any other language, then by any person competent to translate the same, in which case such translation shall be verified by that person in the following manner, namely:- \"I (A. B.) do declare that I read and perfectly understand the language and character of the original, and that the above is a true and accurate translation thereof.\"",
"name": "In what cases translation of will to be annexed to petition. Verification of translation by person other than Court translator",
"related_acts": "",
"section_id": 279
},
{
"act_id": 138,
"details": "278. (1) Application for letters of administration shall be made by petition distinctly written as aforesaid and stating- (a)\tthe time and place of the deceased's death; (b)\tthe family or other relatives of the deceased, and their respective residences; (c)\tthe right in which the petitioner claims; (d)\tthe amount of assets which are likely to come to the petitioner's hands; (e)\twhen the application is to the District Judge, that the deceased at the time of his death had a fixed place of abode, or had some property, situate within the jurisdiction of the Judge; and (f)\twhen the application is to a District Delegate, that the deceased at the time of his death had a fixed place of abode within the jurisdiction of such Delegate. (2) Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Petition for letters of administration",
"related_acts": "430",
"section_id": 280
},
{
"act_id": 138,
"details": "279. (1) Every person applying to any of the Courts mentioned in the proviso to section 273 for probate of a will or letters of administration of an estate intended to have effect throughout Bangladesh, shall state in his petition, in addition to the matters respectively required by section 276 and section 278, that to the best of his behalf no application has been made to any other Court for a probate of the same will or for letters of administration of the same estate, intended to have such effect as last aforesaid. or, where any such application has been made, the Court to which it was made, the person or persons by whom it was made and the proceedings (if any) had thereon. (2) The Court to which any such application is made under the proviso to section 273 may, if it thinks fit, reject the same.",
"name": "Addition to statement in petition, etc., for probate or letters of administration in certain cases",
"related_acts": "",
"section_id": 281
},
{
"act_id": 138,
"details": "280. The petition for probate or letters of administration shall in all cases be subscribed by the petitioner and his pleader, if any, and shall be verified by the petitioner in the following manner, namely:- \"I (A. B.), the petitioner in the above petition, declare that what is stated therein is true to the best of my information and belief.\"",
"name": "Petition for probate, etc., to be signed and verified",
"related_acts": "",
"section_id": 282
},
{
"act_id": 138,
"details": "281. Where the application is for probate, the petition shall also be verified by at least one of the witnesses to the will (when procurable) in the manner or to the effect following, namely: \"I (C. D.), one of the witnesses to the last will and testament of the testator mentioned in the above petition, declare that I was present and saw the said testator affix his signature (or mark) thereto (or that the said testator acknowledged the writing annexed to the above petition to be his last will and testament in my presence).\"",
"name": "Verification of petition for probate by one witness to will",
"related_acts": "",
"section_id": 283
},
{
"act_id": 138,
"details": "282. If any petition or declaration which is hereby required to be verified contains any averment which the person making the verification knows or believes to be false, such person shall be deemed to have committed an offence under section 193 of the Bangladesh Penal Code.",
"name": "Punishment for false averment in petition or declaration",
"related_acts": "",
"section_id": 284
},
{
"act_id": 138,
"details": "283. (1) In all cases the District Judge or District Delegate may, if he thinks proper,- (a)\texamine the petitioner in person, upon oath; (b)\trequire further evidence of the due execution of the will or the right of the petitioner to the letters of administration, as the case may be; (c)\tissue citations calling upon all persons claiming to have any interest in the estate of the deceased to come and see the proceedings before the grant of probate or letters of administration. (2) The citation shall be fixed up in some conspicuous part of the court-house, and also in the office of the Collector of the district and otherwise published or made known in such manner as the Judge or District Delegate issuing the same may direct. (3) Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Powers of District Judge",
"related_acts": "430",
"section_id": 285
},
{
"act_id": 138,
"details": "284. (1) Caveats against the grant of probate or administration may be lodged with the District Judge or a District Delegate. (2) Immediately on any caveat being lodged with any District Delegate, he shall send copy thereof to the District Judge. (3) Immediately on a caveat being entered with the District Judge, a copy thereof shall be given to the District Delegate, if any, within whose jurisdiction it is alleged the deceased had a fixed place of abode at the time of his death, and to any other Judge or District Delegate to whom it may appear to the District Judge expedient to transmit the same.",
"name": "Caveats against grant of probate or administration",
"related_acts": "",
"section_id": 286
},
{
"act_id": 138,
"details": "(4) The caveat shall be made as nearly as circumstances admit in the form set forth in Schedule V.",
"name": "Form of caveat",
"related_acts": "",
"section_id": 287
},
{
"act_id": 138,
"details": "285. No proceeding shall be taken on a petition for probate or letters of administration after a caveat against the grant thereof has been entered with the Judge or District Delegate to whom the application has been made or notice has been given of its entry with some other Delegate, until after such notice to the person by whom the same has been entered as the Court may think reasonable.",
"name": "After entry of caveat, no proceeding taken on petition until after notice to caveator",
"related_acts": "",
"section_id": 288
},
{
"act_id": 138,
"details": "286. A District Delegate shall not grant probate or letters of administration in any case in which there is contention as to the grant, or in which it otherwise appears to him that probate or letters of administration ought not to be granted in his Court. Explanation.-\"Contention\" means the appearance of any one in person, or by his recognize agent, or by a pleader duly appointed to act on his behalf, to oppose the proceeding.",
"name": "District Delegate when not to grant probate or administration",
"related_acts": "",
"section_id": 289
},
{
"act_id": 138,
"details": "287. In every case in which there is no contention, but it appears to the District Delegate doubtful whether the probate or letters of administration should or should not be granted, or when any question arises in relation to the grant, or application for the grant, of any probate or letters of administration, the District Delegate may, if he thinks proper, transmit a statement of the matter in question to the District Judge, who may direct the Delegate to proceed in the matter of the application, according to such instructions as to the Judge may seem necessary, or may forbid any further proceeding by the District Delegate may, if he thinks proper transmit a statement of the matter in question to the District Judge, who may direct the Delegate in relation to the matter of such application, leaving the party applying for the grant in question to make application to the Judge.",
"name": "Power to transmit statement to District Judge in doubtful cases where no contention",
"related_acts": "",
"section_id": 290
},
{
"act_id": 138,
"details": "288. In every case in which there is contention, or the District Delegate is of opinion that the probate or letters of administration should be refused in his Court, the petition, with any documents which may have been filed therewith, shall be returned to the person by whom the application was made, in order that the same may be presented to the District Judge, unless the District Delegate thinks it necessary, for the purposes of justice, to impound the same, which he is hereby authorised to do; and, in that case, the same shall be sent by him to the District Judge.",
"name": "Procedure where there is contention, or District Delegate thinks probate or letters of administration should be refused in his Court",
"related_acts": "",
"section_id": 291
},
{
"act_id": 138,
"details": "289. When it appears to the District Judge or District Delegate that probate of a will should be granted, he shall grant the same under the seal of his Court in the form set forth in Schedule VI.",
"name": "Grant of probate to be under seal of Court",
"related_acts": "",
"section_id": 292
},
{
"act_id": 138,
"details": "290. When it appears to the District Judge or District Delegate that letters of administration to the estate of a person deceased, with or without a copy of the will annexed, should be granted, he shall grant the same under the seal of his Court in the form set forth in Schedule VII.",
"name": "Grant of letters of administration to be under seal of Court",
"related_acts": "",
"section_id": 293
},
{
"act_id": 138,
"details": "291. (1) Every person to whom any grant of letters of administration, other than a grant under section 241, is committed, shall give a bond to the District Judge with one or more surety or sureties, engaging for the due collection, getting in, and administering the estate of the deceased, which bond shall be in such form as the Judge may, by general or special order, direct. (2) When the deceased was a Hindu, Muslim, Buddhist, Sikh or Jaina or an exempted person (a)\tthe exception made by sub-section (1) in respect of a grant under section 241 shall not operate; (b)\tthe District Judge may demand a like bond from any person to whom probate is granted.",
"name": "Administration-bond",
"related_acts": "",
"section_id": 294
},
{
"act_id": 138,
"details": "292. The Court may, on application made by petition and on being satisfied that the engagement of any such bond has not been kept, and upon such terms as to security, or providing that the money received be paid into Court, or otherwise, as the Court may think fit, assign the same to some person, his executors or administrators, who shall thereupon be entitled to sue on the said bond in his or their own name or names as if the same had been originally given to him or them instead of to the Judge of the Court, and shall be entitled to recover thereon, as trustees for all persons interested, the full amount recoverable in respect of any breath thereof.",
"name": "Assignment of administration-bond",
"related_acts": "",
"section_id": 295
},
{
"act_id": 138,
"details": "293. No probate of a will shall be granted until after the expiration of seven clear days, and no letters of administration shall be granted until after the expiration of fourteen clear days from the day of the testator or intestate's death.",
"name": "Time for grant of probate and administration",
"related_acts": "",
"section_id": 296
},
{
"act_id": 138,
"details": "294. (1) Every District Judge, or District Delegate, shall file and preserve all original wills, of which probate or letters of administration with the will annexed may be granted by him, among the records of his Court, until some public registry for wills is established. (2) The Government shall make regulations for the preservation and inspection of the wills so filed.",
"name": "Filing of original wills of which probate or administration with will annexed granted",
"related_acts": "",
"section_id": 297
},
{
"act_id": 138,
"details": "295. In any case before the District Judge in which there is contention, the proceedings shall take, as nearly as may be, the form of a regular suit, according to the provisions of the Code of Civil Procedure, 1908, in which the petitioner for probate or letters of administration, as the case may be, shall be the plaintiff, and the person who has appeared to oppose the grant shall be the defendant.",
"name": "Procedure in contentious cases",
"related_acts": "86",
"section_id": 298
},
{
"act_id": 138,
"details": "296. (1) When a grant of probate or letters of administration is revoked or annulled under this Act, the person to whom the grant was made shall forthwith deliver up the probate or letters to the Court which made the grant. (2) If such person wilfully and without reasonable cause omits so to deliver up the probate or letters, he shall be punishable with fine which may extend to one thousand Taka or with imprisonment for a term which may extend to three months, or with both.",
"name": "Surrender of revoked probate or letters of administration",
"related_acts": "",
"section_id": 299
},
{
"act_id": 138,
"details": "297. When a grant of probate or letters of administration is revoked, all payments bona fide made to any executor or administrator under such grant before the revocation thereof shall, notwithstanding such revocation, be a legal discharge to the person making the same; and the executor or administrator who has acted under any such revoked grant may retain an reimburse himself in respect of any payments made by him which the person to whom probate or letters of administration may afterwards be granted might have lawfully made.",
"name": "Payment to executor or administrator before probate or administration revoked",
"related_acts": "",
"section_id": 300
},
{
"act_id": 138,
"details": "298. Notwithstanding anything hereinbefore contained, it shall, where the deceased was a Muslim, Buddhist or exempted person, or a Hindu, Sikh or Jaina to whom section 57 does not apply, be in the discretion of the Court to make an order refusing, for reasons to be recorded by it in writing, to grant any application for letters of administration made under this Act.",
"name": "Power to refuse letters of administration",
"related_acts": "",
"section_id": 301
},
{
"act_id": 138,
"details": "299. Every order made by a District Judge by virtue of the powers hereby conferred upon him shall be subject to appeal to the High Court Division in accordance with the provisions of the Code of Civil Procedure, 1908, applicable to appeals.",
"name": "Appeals from orders of district Judge",
"related_acts": "86",
"section_id": 302
},
{
"act_id": 138,
"details": "300. (1) The High Court Division shall have concurrent jurisdiction with the District Judge in the exercise of all the powers thereby conferred upon the District Judge. (2) Except in cases to which section 57 applies, 32the High Court Division, in exercise of the concurrent jurisdiction hereby conferred over any local area 33shall not, where the deceased is a Hindu, Muslim, Buddhist, Sikh or Jaina or an exempted person, receive applications for probate or letters of administration until the Government has, by a notification in the official Gazette, authorised it so to do.",
"name": "Concurrent jurisdiction of High Court Division",
"related_acts": "",
"section_id": 303
},
{
"act_id": 138,
"details": "301. The High Court Division may, on application made to it, suspend, remove or discharge any private executor or administrator and provide for the succession of another person to the office of any such executor or administrator who may cease to hold office, and the vesting in such successor of any property belonging to the estate.",
"name": "Removal of executor or administrator and provision for successor",
"related_acts": "",
"section_id": 304
},
{
"act_id": 138,
"details": "302. Where probate or letters of administration in respect of any estate has been granted under this Act, the High Court Division may, on application made to it, give to the executor or administrator any general or special directions in regard to the estate or in regard to the administration thereof.",
"name": "Directions to executor or administrator",
"related_acts": "",
"section_id": 305
},
{
"act_id": 138,
"details": "303. A person who intermeddles with the estate of the deceased, or does any other act which belongs to the office of executor, while there is no rightful executor or administrator in existence, thereby makes himself an executor of his own wrong. Exceptions.-(1) Intermeddling with the goods of the deceased for the purpose of preserving them or providing for his funeral or for the immediate necessities of his family or property, does not make an executor of his own wrong. (2) Dealing in the ordinary course of business with goods of the deceased received from another does not make an executor of his own wrong. Illustrations (i) A uses or gives away or sells some of the gods of the deceased, or takes them to satisfy his own debt or legacy or receives payment of the debts of the deceased. He is an executor of his own wrong. (ii) A, having been appointed agent by the deceased in his lifetime to collect his debts and sell his goods, continues to do so after he has become aware of his death. He is an executor of his own wrong in respect of acts done after he has become aware of the death of the deceased. (iii) A sues as executor of the deceased, not being such. He is an executor of his own wrong.",
"name": "Executor of his own wrong",
"related_acts": "",
"section_id": 306
},
{
"act_id": 138,
"details": "304. When a person has so acted as to become an executor of his own wrong, he is answerable to the rightful executor or administrator, or to any creditor or legatee of the deceased, to the extent of the assets which may have come to his hands after deducting payments made to the rightful executor or administra-tor, and payments made in due course of administration.",
"name": "Liability of executor of his own wrong",
"related_acts": "",
"section_id": 307
},
{
"act_id": 138,
"details": "305. An executor or administrator has the same power to sue in respect of all causes of action that survive the deceased, and may exercise the same power for the recovery of debts as the deceased had when living.",
"name": "In respect of causes of action surviving deceased and debts due at death",
"related_acts": "",
"section_id": 308
},
{
"act_id": 138,
"details": "306. All demands whatsoever and all rights to prosecute or defend any action or special proceeding existing in favour of or against a person at the time of his decease, survive to and against his executors or administrators; except causes of action for defamation, assault, as defined in the Penal Code, or other personal injuries not causing the death of the party; and except also cases where, after the death of the party, the relief sought could not be enjoyed or granting it would be nugatory. Illustrations (i) A collision takes place on a railway in consequence of some neglect or default of an official, and a passenger is severely hurt, but not so as to cause death. He afterwards dies without having brought any action. The cause of action does not survive. (ii) A sues for divorce. A dies. The cause of action does not survive to his representative.",
"name": "Demands and rights of action of or against deceased survive to and against executor or administrator",
"related_acts": "",
"section_id": 309
},
{
"act_id": 138,
"details": "307. (1) Subject to the provisions of sub-section (2), an executor or administrator has power to dispose of the property of the deceased, vested in him under section 211, either wholly or in part, in such manner as he may think fit. Illustrations (i) The deceased has made a specific bequest of part of his property. The executor, not having assented to the bequest, sells the subject of it. The sale is valid. (ii) The executor in the exercise of his discretion mortgages a part of the immoveable estate of the deceased. The mortgage is valid. (2) If the deceased was a Hindu, Muslim, Buddhist, Sikh or Jaina or an exempted person, the general power conferred by sub-section (1) shall be subject to the following restrictions and conditions, namely: (i)\tThe power of an executor to dispose of immoveable property so vested in him is subject to any restriction which may be imposed in this behalf by the will appointing him, unless probate has been granted to him and the Court which granted the probate permits him by an order in writing, notwithstanding the restriction, to dispose of any immoveable property specified in the order in a manner permitted by the order. (ii)\tAn administrator may not, without the previous permission of the Court by which the letters of administration were granted, (a)\tmortgage, charge or transfer by sale, gift, exchange or otherwise any immoveable property for the time being vested in him under section 211, or (b)\tlease any such property for a term exceeding five years. (iii)\tA disposal of property by an executor or administrator in contravention of clause (i) or clause (ii), as the case may be, is voidable at the instance of any other person interested in the property. (3) Before any probate or letters of administration is or are granted in such a case, there shall be endorsed thereon or annexed thereto a copy of sub-section (i) and clauses (i) and (iii) of sub-section (2) or of sub-section (1) and clauses (ii) and (iii) of sub-section (2), as the case may be. (4) A probate or letters of administration shall not be rendered invalid by reason of the endorsement or annexure required by sub-section (3) not having been made thereon or attached thereto, nor shall the absence of such an endorsement or annexure authorise an executor or administrator to act otherwise than in accordance with the provisions of this section.",
"name": "Power of executor or administrator to dispose of property",
"related_acts": "",
"section_id": 310
},
{
"act_id": 138,
"details": "308. An executor or administration may, in addition to, and not in derogation of, any other powers of expenditure lawfully exercisable by him, incur expenditure (a)\ton such acts as may be necessary for the proper care or management of any property belonging to any estate administered by him, and (b)\twith the sanction of the High Court Division, on such religious, charitable and other objects, and on such improvements, as may be reasonable and proper in the case of such property.",
"name": "General powers of administration",
"related_acts": "",
"section_id": 311
},
{
"act_id": 138,
"details": "309. An executor or administrator shall not be entitled to receive or retain any commission or agency charges at a higher rate than that for the time being fixed in respect of the Administrator General by or under the Administrator General's Act, 1913.",
"name": "Commission or agency charges",
"related_acts": "99",
"section_id": 312
},
{
"act_id": 138,
"details": "310. If any executor or administrator purchases, either directly or indirectly, any part of the property of the deceased, the sale is voidable at the instance of any other person interested in the property sold.",
"name": "Purchase by executor or administrator of deceased's property",
"related_acts": "",
"section_id": 313
},
{
"act_id": 138,
"details": "311. When there are several executors or administrators, the powers of all may, in the absence of any direction to the contrary, be exercised by any one of them who has proved the will or taken out administration. Illustrations (i) One of several executors has power to release a debt due to the deceased. (ii) One has power to surrender a lease. (iii) One has power to sell the property of the deceased whether moveable or immoveable. (iv) One has power to assent to a legacy. (v) One has power to endorse a promissory note payable to the deceased. (vi) The will appoints A, B, C and D to be executors, and directs that two of them shall be a quorum. No act can be done by a single executor.",
"name": "Powers of several executors or administrators exercisable by one",
"related_acts": "",
"section_id": 314
},
{
"act_id": 138,
"details": "312. Upon the death of one or more of several executors or administrators, in the absence of any direction to the contrary in the will or grant of letters of administration, all the powers of the office become vested in the survivors or survivor.",
"name": "Survival of powers on death of one of several executors or administrators",
"related_acts": "",
"section_id": 315
},
{
"act_id": 138,
"details": "313. The administrator of effects unadministered has, with respect to such effects, the same powers as the original executor or administrator.",
"name": "Powers of administrator of effects unadministered",
"related_acts": "",
"section_id": 316
},
{
"act_id": 138,
"details": "314. An administrator during minority has all the powers of an ordinary administrator.",
"name": "Powers of administrator during minority",
"related_acts": "",
"section_id": 317
},
{
"act_id": 138,
"details": "315. When a grant of probate or letters of administration has been make to a married woman, she has all the powers of an ordinary executor or administrator.",
"name": "Powers of married executrix or administratrix",
"related_acts": "",
"section_id": 318
},
{
"act_id": 138,
"details": "316. It is the duty of an executor to provide funds for the performance of the necessary funeral ceremonies of the deceased in a manner suitable to his condition, if he has left property sufficient for the purpose.",
"name": "As to deceased's funeral",
"related_acts": "",
"section_id": 319
},
{
"act_id": 138,
"details": "317. (1) An executor or administrator shall, within six months from the grant of probate or letters of administration, or within such further time as the Court which granted the probate or letters may appoint, exhibit in that Court an inventory containing a full and true estimate of all the property in possession, and all the credits, and also all the debts owing by any person to which the executor or administrator is entitled in that character; and shall in like manner, within one year from the grant or within such further time as the said Court may appoint, exhibit an account of the estate, showing the assets which have come to his hands and the manner in which they have been applied or disposed of. (2) The 34Supreme Court may prescribe the form in which an inventory or account under this section is to be exhibited. (3) If an executor or administrator, on being required by the Court to exhibit an inventory or account under this section, intentionally omits to comply with the requisition, he shall be deemed to have committed an offence under section 176 of the Penal Code. (4) The exhibition of an intentionally false inventory or account under this section shall be deemed to be an offence under section 193 of that Code.",
"name": "Inventory and account",
"related_acts": "",
"section_id": 320
},
{
"act_id": 138,
"details": "318. In all cases where a grant has been made of probate or letters of administration intended to have effect throughout Bangladesh, the executor or administrator shall include in the inventory of the effects of the deceased all his moveable and immoveable property situate in Bangladesh, and the value of such property 35* * * shall be separately stated in such inventory, and the probate or letters of administration shall be chargeable with a fee corresponding to the entire amount or value of the property affected thereby wheresoever situate within Bangladesh.",
"name": "Inventory to include property in any part of Bangladesh in certain cases",
"related_acts": "",
"section_id": 321
},
{
"act_id": 138,
"details": "319. The executor or administrator shall collect, with reasonable diligence, the property of the deceased and the debts that were due to him at the time of his death.",
"name": "As to property of, and debts owing to, deceased",
"related_acts": "",
"section_id": 322
},
{
"act_id": 138,
"details": "320. Funeral expenses to a reasonable amount, according to the degree and quality of the deceased, and death-bed charges, including fees for medical attendance, and board and lodging for one month previous to his death, shall be a paid before all debts.",
"name": "Expenses to be paid before all debts",
"related_acts": "",
"section_id": 323
},
{
"act_id": 138,
"details": "321. The expenses of obtaining probate or letters of administration, including the costs incurred for or in respect of any judicial proceedings that may be necessary for administering the estate, shall be paid next after the funeral expenses and death-bed charges.",
"name": "Expenses to be paid next after such expenses",
"related_acts": "",
"section_id": 324
},
{
"act_id": 138,
"details": "322. Wages due for services rendered to the deceased within three months next preceding his death by any labourer, artisan or domestic servant shall next be paid, and then the other debts of the deceased according to their respective priorities (if any).",
"name": "Wages for certain services to be next paid, and then other debts",
"related_acts": "",
"section_id": 325
},
{
"act_id": 138,
"details": "323. Save as aforesaid, no creditor shall have a right of priority over another; but the executor or administrator shall pay all such debts as he knows of, including his own, equally and rateably as far as the assets of the deceased will extend.",
"name": "Save as aforesaid, all debts to be paid equally and rateably",
"related_acts": "",
"section_id": 326
},
{
"act_id": 138,
"details": "324. (1) If the domicile of the deceased was not in Bangladesh, the application of his moveable property to the payment of his debts is to be regulated by the law of Bangladesh. (2) No creditor who has received payment of a part of his debt by virtue of sub-section (1) shall be entitled to share in the proceeds of the immoveable estate of the deceased unless he brings such payment into account for the benefit of the other creditors. (3) This section shall not apply where the deceased was Hindu, Muslim, Buddhist, Sikh or Jaina or an exempted person. Illustration A, dies, having his domicile in a country where instruments under seal have priority over instruments not under seal leaving moveable property to the value of 5,000 Taka, and immoveable property to the value of 10,000 Taka, debts on instruments under seal of the amount of 10,000 Taka, and debts on instruments not under seal to the same amount. The creditors holding instruments under seal receive half of their debts out of the proceeds of the moveable estate. The proceeds of the immoveable estate are to be applied in payment of the debts on instruments not under seal until one-half of such debts has been discharged. This will leave 5,000 Taka which are to be distributed rateably amongst all the creditors without distinction, in proportion to the amount which may remain due to them.",
"name": "Application of moveable property to payment of debts where domicile not in Bangladesh",
"related_acts": "",
"section_id": 327
},
{
"act_id": 138,
"details": "325. Debts of every description must be paid before any legacy.",
"name": "Debts to be paid before lgacies",
"related_acts": "",
"section_id": 328
},
{
"act_id": 138,
"details": "326. If the estate of the deceased is subject to any contingent liabilities, an executor or administrator is not bound to pay any legacy without a sufficient indemnity to meet the liabilities whenever they may become due.",
"name": "Executor or administrator not bound to pay legacies without indemnity",
"related_acts": "",
"section_id": 329
},
{
"act_id": 138,
"details": "327. If the assets, after payment of debts, necessary expenses and special legacies, are not sufficient to pay all the general legacies in full, the latter shall abate or be diminished in equal proportions, and, in the absence of any direction to the contrary in the will, the executor has no right to pay one legatee in preference to another, or to retain any money on account of a legacy to himself or to any person for whom he is a trustee.",
"name": "Abatement of general legacies",
"related_acts": "",
"section_id": 330
},
{
"act_id": 138,
"details": "328. Where there is a specific legacy, and the assets are sufficient for the payment of debts and necessary expenses, the thing specified must be delivered to the legatee without any abatement.",
"name": "Non-abatement of specific legacy when assets sufficient to pay debts",
"related_acts": "",
"section_id": 331
},
{
"act_id": 138,
"details": "329. Where there is a demonstrative legacy, and the assets are sufficient for the payment of debts and necessary expenses, the legatee has a preferential claim for payment of his legacy out of the fund from which the legacy is directed to be paid until such fund is exhausted and if, after the fund is exhausted, part of the legacy still remains unpaid, he is entitled to rank for the remainder against the general assets as for a legacy of the amount of such unpaid remainder.",
"name": "Right under demonstrative legacy when assets sufficient to pay debts and necessary expenses",
"related_acts": "",
"section_id": 332
},
{
"act_id": 138,
"details": "330. If the assets are not sufficient to answer the debts and the specific legacies, an abatement shall be made from the latter rateably in proportion to their respective amounts. Illustration A has bequeathed to B a diamond ring valued at 500 Taka, and to C a horse, valued at 1,000 Taka. It is found necessary to sell all the effects of the testator; and his assets, after payment of debts, are only 1,000 Taka. Of this sum 36Taka 333.33 are to be paid to B, and 37Taka 666.67 to C.",
"name": "Rateable abatement of specific legacies",
"related_acts": "",
"section_id": 333
},
{
"act_id": 138,
"details": "331. For the purpose of abatement, a legacy for life, a sum appropriated by the will to produce an annuity, and the value of an annuity when no sum has been appropriated to produce it, shall be treated as general legacies.",
"name": "Legacies treated as general for purpose of abatement",
"related_acts": "",
"section_id": 334
},
{
"act_id": 138,
"details": "332. The assent of the executor or administrator is necessary to complete a legatee's title to his legacy. Illustrations (i) A by his will bequeaths to B his Government paper which is in deposit with the 38Sonali Bank. The Bank has no authority to deliver the securities, nor B a right to take possession of them, without the assent of the executor. (ii) A by his will has bequeathed to C his house in Dhaka in the tenance of B. C is not entitled to receive the rents without the assets of the executor or administrator.",
"name": "Assent necessary to complete legatee's title",
"related_acts": "",
"section_id": 335
},
{
"act_id": 138,
"details": "333. (1) The assent of the executor or administrator to a specific bequest shall be sufficient to divest his interests as executor or administrator therein, and to transfer the subject of the bequest of the legatee, unless the nature or the circumstances of the property require that it shall be transferred in a particular way. (2) This assent may be verbal, and it may be either express or implied from the conduct of the executor or administrator. Illustrations (i) A horse is bequeathed. The executor requests the legatee to dispose of it, or a third party proposes to purchase the horse from the executor, and he directs him to apply to the legatee. Assent to the legacy is implied. (ii) The interest of a fund is directed by the will to be applied for the maintenance of the legatee during his minority. The executor commences so to apply it. This is an assent to the whole of the bequest. (iii) A bequest is made of a fund to A and after him to B. The executor pays the interest of the fund to A. This is an implied assent to the bequest to B. (iv) Executors die after paying all the debts of the testator, but before satisfaction of specific legacies. Assent to the legacies may be presumed. (v) A person to whom a specific article has been bequeathed takes possession of it and retains it without any objection on the part of the executor. His assent may be presumed.",
"name": "Effect of executor's assent to specific legacy",
"related_acts": "",
"section_id": 336
},
{
"act_id": 138,
"details": "334. The assent of an executor or administrator to a legacy may be conditional, and if the condition is one which he has a right to enforce, and it is not performed, there is no assent. Illustrations (i) A bequeaths to B in his lands of Sultanpur, which at the date of the will, and at the death of A, were subject to a mortgage for 10,000 Taka. The executor assents to the bequest, on condition that B shall within a limited time pay the amount due on the mortgage at the testators' death. The amount is not paid. There is no assent. (ii) The executor assents to a bequest on condition that the legatee shall pay him a sum of money. The payment is not made. The assent is nevertheless valid.",
"name": "Conditional assent",
"related_acts": "",
"section_id": 337
},
{
"act_id": 138,
"details": "335. (1) When the executor or administrator is a legatee, his assent to his own legacy is necessary to complete his title to, in the same way as it is required when the bequest is to another person, and his assent may, in like manner, be expressed or implied. (2) Assent shall be implied if in his manner of administering the property he does any act which is referable to his character of executor or administrator. Illustration An executor takes the rent of a house or the interest of Government securities bequeathed to him, and applies it to his own use. This is assent.",
"name": "Assent of executor to his own legacy",
"related_acts": "",
"section_id": 338
},
{
"act_id": 138,
"details": "336. The assent of the executor or administrator to a legacy gives effect to it from the death of the testator(i) A legatee sells his legacy before it is assented to by the executor. The executor's subsequent assent operates for the benefit of the purchaser and completes his title to the legacy. Illustrations (i) A legatee sells his legacy before it is assented to by the executor. The executor's subsequent assent operates for the benefit of the purchaser and completes his title to the legacy. (ii) A bequeaths 1,000 Taka to B with interest from his death. The executor does not assent to his legacy until the expiration of a year from A's death. B is entitled to interest from the death of A.",
"name": "Effect of executor's assent",
"related_acts": "",
"section_id": 339
},
{
"act_id": 138,
"details": "337. An executor or administrator is not bound to pay or deliver any legacy until the expiration of one year from the testator's death. Illustration A by his will directs his legacies to be paid within six months after his death. The executor is not bound to pay them before the expiration of a year.",
"name": "Executor when to deliver legacies",
"related_acts": "",
"section_id": 340
},
{
"act_id": 138,
"details": "338. Where an annuity is given by a will and no time is fixed for its commencement, it shall commence from the testator's death, and the first payment shall be made at the expiration of a year next after that event.",
"name": "Commencement of annuity when no time fixed by will",
"related_acts": "",
"section_id": 341
},
{
"act_id": 138,
"details": "339. Where there is a direction that the annuity shall be paid quarterly or monthly, the first payment shall be due at the end of the first quarter or first month, as the case may be, after the testator's death; and shall, if the executor or administrator thinks fit, be paid when due, but the executor or administrator shall not be bound to pay it till the end of the year.",
"name": "When annuity, to be paid quarterly or monthly first falls due",
"related_acts": "",
"section_id": 342
},
{
"act_id": 138,
"details": "340. (1) Where there is a direction that the first payment of an annuity shall be made within one month or any other division of time from the death of the testator, or on a day certain, the successive payments are to be made on the anniversary of the earliest day on which the will authorises the first payment to be made. (2) If the annuitant dies in the interval between the times of payment, an apportioned share of the annuity shall be paid to his representative.",
"name": "Dates of successive payments when first payment directed to be made within a given time or on day certain: death of annuitant before date of payment",
"related_acts": "",
"section_id": 343
},
{
"act_id": 138,
"details": "341. Where a legacy, not being a specific legacy, is given for life, the sum bequeathed shall at the end of the year be invested in such securities as the 39Supreme Court may by any general rule authorise or direct, and the proceeds thereof shall be paid to the legatee as the same shall accure due.",
"name": "Investment of sum bequeathed, where legacy, not specific, given for life",
"related_acts": "",
"section_id": 344
},
{
"act_id": 138,
"details": "342. (1) Where a general legacy is given to be a paid at a future time, the executor or administrator shall invest a sum sufficient to meet it in securities of the kind mentioned in section 341. (2) The intermediate interest shall form part of the residue of the testator's estate.",
"name": "Investment of general legacy, to be paid at future time: disposal of intermediate interest",
"related_acts": "",
"section_id": 345
},
{
"act_id": 138,
"details": "343. Where an annuity is given and no fund is charged with its payment or appropriated by the will to answer it, a Government annuity of the specified amount shall be purchased, or, if no such annuity can be obtained, then a sum sufficient to produce the annuity shall be invested for that purpose in securities of the kind mentioned in section 341.",
"name": "Procedure when no fund charged with, or appropriated to, annuity",
"related_acts": "",
"section_id": 346
},
{
"act_id": 138,
"details": "344. Where a bequest is contingent, the executor or administrator is not bound to invest the amount of the legacy, but may transfer the whole residue of the estate to the residuary legatee, if any, on his giving sufficient security for the payment of the legacy if it shall become due.",
"name": "Transfer to residuary legatee of contingent bequest",
"related_acts": "",
"section_id": 347
},
{
"act_id": 138,
"details": "345. (1) Where the testator has bequeathed the residue of his estate to a person for life without any direction to invest it in any particular securities, so much thereof as is not at the time of the testator's decease invested in securities of the kind mentioned in section 341 shall be converted into money and invested in such securities. (2) This section shall not apply if the deceased was a Hindu, Muslim, Buddhist, Sikh or Jaina or an exempted person.",
"name": "Investment of residue bequeathed for life, without direction to invest in particular securities",
"related_acts": "",
"section_id": 348
},
{
"act_id": 138,
"details": "346. Where the testator has bequeathed the residue of his estate to a person for life with a direction that it shall be invested in certain specified securities, so much of the estate as is not at the time of his death invested in securities of the specified kind shall be converted into money and invested in such securities.",
"name": "Investment of residue bequeathed for life, with direction to invest in specified securities",
"related_acts": "",
"section_id": 349
},
{
"act_id": 138,
"details": "347. Such conversion and investment as are contemplated by sections 345 and 346 shall be made at such times and in such manner as the executor or administrator thinks fit; and, until such conversion and investment are completed, the person who would be for the time being entitled to the income of the fund when so invested shall receive interest at the rate of four percent. per annum upon the market-value (to be computed as at the date of the testator's death) of such part of the fund as has not been so invested: Provided that the rate of interest prior to completion of investment shall be six per cent. per annum when the testator was a Hindu, Muslim, Buddhist, Sikh or Jaina or an exempted person.",
"name": "Time and manner of conversion and investment",
"related_acts": "",
"section_id": 350
},
{
"act_id": 138,
"details": "348. (1) Where, by the terms of a bequest, the legatee is entitled to the immediate payment or possession of the money or thing bequeathed, but is a minor, and there is no direction in the will to pay it to any person on his behalf, the executor or administrator shall pay or deliver the same into the Court of the District Judge, by whom or by whose District Delegate the probate was, or letters of administration with the will annexed were granted, to the account of the legatee, unless the legatee is a ward of the Court of Wards. (2) If the legatee is a ward of the Court of Wards, the legacy shall be paid to the Court of Wards to his account. (3) Such payment into the Court of the District Judge, or to the Court of Wards, as the case may be, shall be a sufficient discharge for the money so paid. (4) Money when paid in under this section shall be invested in the purchase of Government securities, which with the interest, thereon, shall be transferred or paid to the person entitled thereto, or otherwise applied for his benefit, as the Judge or the Court of Wards, as the case may be, may direct.",
"name": "Procedure where minor entitled to immediate payment or possession of bequest, and no direction to pay to person on his behalf",
"related_acts": "",
"section_id": 351
},
{
"act_id": 138,
"details": "349. The legatee of a specific legacy is entitled to the clear produce thereof, if any, from the testator's death. Exception.A specific bequest, contingent in its terms, does not comprise the produce of the legacy between the death of the testator and the vesting of the legacy. The clear produce of it forms part of the residue of the testator's estate. Illustrations (i) A bequeaths his flock of sheep to B. Between the death of A and delivery by his executor the sheep are shorn or some of the ewes produce lambs. The wool and lambs are the property of B. (ii) A bequeaths his Government securities to B, but postpones the delivery of them till the death of C. The interest which fails due between the death of A and the death of C belongs to B, and must, unless he is a minor, be paid to him as it is received. (iii) The testator bequeaths all his four per cent. Government promissory notes to A whom he shall complete the age of 18. A, if he completes that age, is entitled to receive the notes, but the interest which accrues in respect of them between the testator's death and A's completing 18, form part of the residue.",
"name": "Legatee's title to produce of specific legacy",
"related_acts": "",
"section_id": 352
},
{
"act_id": 138,
"details": "350. The legatee under a general residuary bequest is entitled to the produce of the residuary fund from the testator's death. Exception.-A general residuary bequest contingent in its terms does not comprise the income which may accure upon the fund bequeathed between the death of the testator and the vesing of the legacy. Such income goes as undisposed of. Illustrations (i) The testator bequeaths the residue of his property to A, a minor, to be paid to him when he shall complete the age of 18. The income from the testator's death belongs to A. (ii) The testator bequeaths the residue of his property to A when he shall complete the age of 18. A, if he completes that age, is entitled to receive the residue. The income which has accrued in respect of it since the testator's death goes as undisposed of.",
"name": "Residuary legatee's title to produce of residuary fund",
"related_acts": "",
"section_id": 353
},
{
"act_id": 138,
"details": "351. Where no time has been fixed for the payment of a general legacy, interest begins to run from expiration of one year from the testator's death. Exception.-(1) Where the legacy is bequeathed in satisfaction of a debt, interest runs from the death of the testator. (2) Where the testator was a parent or a more remote ancestor of the legatee, or has put himself in the place of a parent of the legatee, the legacy shall bear interest from the death of the testator. (3) Where a sum is bequeathed to a minor with a direction to pay for his maintenance out of it, interest is payable from the death of the testator.",
"name": "Interest when no time fixed for payment of general legacy",
"related_acts": "",
"section_id": 354
},
{
"act_id": 138,
"details": "352. Where a time has been fixed for the payment of a general legacy, interest begins to run from the time so fixed. The interest up to such time forms part of the residue of the testator's estate. Exception.-Where the testator was a parent or a more remote ancestor of the legatee, or has put himself in the place of parent of the legatee and the legatee is a minor, the legacy shall bear interest from the death of the testator, unless a specific sum is given by the will for maintenance, or unless the will contains a direction to the contrary.",
"name": "Interest when time fixed",
"related_acts": "",
"section_id": 355
},
{
"act_id": 138,
"details": "353. The rate of interest shall be four per cent. per annum in all cases except when the testator was a Hindu, Muslim, Buddhist, Sikh or Jaina or an exempted person in which case it shall be six per cent. per annum.",
"name": "Rate of interest",
"related_acts": "",
"section_id": 356
},
{
"act_id": 138,
"details": "354. No interest is payable on the arrears of an annuity within the first year from the death of the testator, although a period earlier than the expiration of that year may have been fixed by the will for making the first payment of the annuity.",
"name": "No interest on arrears of annuity within first year after testator's death",
"related_acts": "",
"section_id": 357
},
{
"act_id": 138,
"details": "355. Where a sum of money is directed to be invested to produce an annuity, interest is payable on it from the death of the testator.",
"name": "Interest on sum to be invested to produce annuity",
"related_acts": "",
"section_id": 358
},
{
"act_id": 138,
"details": "356. When an executor or administrator has paid a legacy under the order of a Court, he is entitled to call upon the legatee to refund in the event of the assets proving insufficient to pay all the legacies.",
"name": "Refund of legacy paid under Court's orders",
"related_acts": "",
"section_id": 359
},
{
"act_id": 138,
"details": "357. When an executor or administrator has voluntarily paid a legacy, he cannot call a legatee to refund in the event of the assets proving insufficient to pay all the legacies.",
"name": "No refund if paid under voluntarily",
"related_acts": "",
"section_id": 360
},
{
"act_id": 138,
"details": "358. When the time prescribed by the will for the performance of a condition has elapsed, without the condition having been performed, and the executor or administrator has thereupon, without fraud, distributed the assets; in such case, if further time has been allowed under section 137 for the performance of the condition, and the condition has been performed accordingly, the legacy cannot be claimed from the executor or administrator, but those to whom he has paid it are liable to refund the amount.",
"name": "Refund when legacy has become due on performance of condition within further time allowed under section 137",
"related_acts": "",
"section_id": 361
},
{
"act_id": 138,
"details": "359. When the executor or administrator has paid away the assets in legacies, and he is afterwards obliged to discharge a debt of which he had no previous notice, he is entitled to call upon each legatee to refund in proportion.",
"name": "When each legatee compellable to refund in proportion",
"related_acts": "",
"section_id": 362
},
{
"act_id": 138,
"details": "360. Where an executor or administrator has given such notices as the 40Supreme Court may, by any general rule, prescribe or, if no such rule has been made, as the High Court Division would give in an administration suit, for creditors and others to send in to him their claims against the estate of the deceased, he shall, at the expiration of the time therein named for sending in claims, be at liberty to distribute the assets, or any part thereof, in discharge of such lawful claims as he knows of, and shall not be liable for the assets so distributed to any person of whose claims he shall not have had notice at the time of such distribution: Provided that nothing herein contained shall prejudice the right of any creditor or claimant to follow the assets, or any part thereof, in the hands of the persons who may have received the same respectively.",
"name": "Distribution of assets",
"related_acts": "",
"section_id": 363
},
{
"act_id": 138,
"details": "361. A creditor who has not received payment of his debt may call upon a legatee who has received payment of his legacy to refund, whether the assets of the testator's estate were or were not sufficient at the time of his death to pay both debts and legacies; and whether the payment of the legacy by the executor or administrator was voluntary or not.",
"name": "Creditor may call upon legatee to refund",
"related_acts": "",
"section_id": 364
},
{
"act_id": 138,
"details": "362. If the assets were sufficient to satisfy all the legacies at the time of the testator's death, a legatee who has not received payment of his legacy, or who has been compelled to refund under section 361, cannot oblige one who has received payment in full to refund, whether the legacy were paid to him with or without suit, although the assets have subsequently become deficient by the wasting of the executor.",
"name": "When legatee, not satisfied or compelled to refund under section 361, cannot oblige one paid in full to refund",
"related_acts": "",
"section_id": 365
},
{
"act_id": 138,
"details": "363. If the assets were not sufficient to satisfy all the legacies at the time of the testator's death, a legatee who has not received payment of his legacy must, before he can call on a satisfied legatee to refund, first proceed against the executor or administrator if he is solvent; but if the executor or administrator is insolvent or not liable to pay, the unsatisfied legatee can oblige each satisfied legatee to refund in proportion.",
"name": "When unsatisfied legatee must first proceed against executor, if solvent",
"related_acts": "",
"section_id": 366
},
{
"act_id": 138,
"details": "364. The refunding of one legatee to another shall not exceed the sum by which the satisfied legacy ought to have been reduced if the estate had been properly administered. Illustration A has bequeathed 240 Taka to B, 480 Taka to C, and 720 Taka to D. The assets are only 1,200 Taka and, if properly administered, would give 200 Taka to B, 400 Taka to C, and 600 Taka to D. C and D have been paid their legacies in full, leaving nothing to B. B can oblige C to refund 80 Taka, and D to refund 120 Taka.",
"name": "Limit to refunding of one legatee to another",
"related_acts": "",
"section_id": 367
},
{
"act_id": 138,
"details": "365. The refunding shall in all cases be without interest.",
"name": "Refunding to be without interest",
"related_acts": "",
"section_id": 368
},
{
"act_id": 138,
"details": "366. The surplus or residue of the deceased's property, after payment of debts and legacies, shall be paid to the residuary legatee when any has been appointed by the will.",
"name": "Residue after usual payments to be paid to residuary legatee",
"related_acts": "",
"section_id": 369
},
{
"act_id": 138,
"details": "367. Where a person not having his domicile in Bangladesh has died leaving assets both in Bangladesh and in the country in which he had his domicile at the time of his death, and there has been a grant of probate or letters of administration in Bangladesh with respect to the assets there and a grant of administration in the country of domicile with respect to the assets in that country, the executor or administrator, as the case may be, in Bangladesh, after having given such notices as are mentioned in section 360, and after having discharged, at the expiration of the time therein named, such lawful claims as he knows of, may, instead of himself distributing any surplus or residure of the deceased's property to persons residing out of Bangladesh who are entitled thereto, transfer, with the consent for the executor or administrator, as the case may be, in the country of domicile, the surplus or residue to him for distribution to those persons.",
"name": "Transfer of assets from Bangladesh, to executor or administrator in country of domicile for distribution",
"related_acts": "",
"section_id": 370
},
{
"act_id": 138,
"details": "368. When an executor or administrator misapplies the estate of the deceased, or subjects it to loss or damage, he is liable to make good the loss or damage so occasioned. Illustrations (i) The executor pays out of the estate an unfounded claim. He is liable to make good the loss. (ii) The deceased had a valuable lease renewable by notice which the executor neglects to give at the proper time. The executor is liable to make good the loss. (iii) The deceased had a lease of less value than the rent payable for it, but terminable on notice at a particular time. The executor neglects to give the notice. He is liable to make good the loss.",
"name": "Liability of executor or administrator for devastation",
"related_acts": "",
"section_id": 371
},
{
"act_id": 138,
"details": "369. When an executor or administrator occasions a loss to the estate by neglecting to get in any part of the property of the deceased, he is liable to make good the amount. (i) The executor absolutely releases a debt due to the deceased from a solvent person, or compounds with a debtor who is able to pay in full. The executor is liable to make good the amount. (ii) The executor neglects to sue for a debt till the debtor is able to plead that the claim is barred by limitation and the debt is thereby lost to the estate. The executor is liable to make good the amount. Illustrations (i) The executor absolutely releases a debt due to the deceased from a solvent person, or compounds with a debtor who is able to pay in full. The executor is liable to make good the amount. (ii) The executor neglects to sue for a debt till the debtor is able to plead that the claim is barred by limitation and the debt is thereby lost to the estate. The executor is liable to make good the amount.",
"name": "Liability of executor or administrator for neglect to get any part of property",
"related_acts": "",
"section_id": 372
},
{
"act_id": 138,
"details": "370. (1) A succession certificate (hereinafter in this Part referred to as a certificate) shall not be granted under this Part with respect to any debt or security to which a right is required by section 212 or section 213 to be established by letters of administration or probate: Provided that nothing contained in this section shall be deemed to prevent the grant of a certificate to any person claiming to be entitled to the effects of a deceased Bangladesh Christian, or to any part thereof, with respect to any debt or security, by reason that a right thereto can be established by letters of administration under this Act. (2) For the purposes of this Part, \"security\" means- (a)\tany promissory note, debenture, stock or other security of the Government 41* * *; 42* * * (c)\tany stock or debenture of, or share in, a company or other incorporated institution; (d)\tany debenture or other security for money issued by, or on behalf of, a local authority; (e)\tany other security which the Government may, by notification in the official Gazette, declare to be a security for the purposes of this Part.",
"name": "Restriction on grant of certificates under this Part",
"related_acts": "",
"section_id": 373
},
{
"act_id": 138,
"details": "371. The District Judge within whose jurisdiction the deceased ordinarily resided at the time of his death, or, if at that time he had no fixed place of residence, the District Judge, within whose jurisdiction any part of the property of the deceased may be found, may grant a certificate under this Part.",
"name": "Court having jurisdiction to grant certificate",
"related_acts": "",
"section_id": 374
},
{
"act_id": 138,
"details": "372. (1) Application for such a certificate shall be made to the District Judge by a petition signed and verified by or on behalf of the application in the manner prescribed by the Code of Civil Procedure, 1908, for the signing and verification of a plaint by or on behalf of a plaintiff, and setting forth the following particulars, namely:- (a)\tthe time of the death of the deceased; (b)\tthe ordinary residence of the deceased at the time of his death and, if such residence was not within the local limits of the jurisdiction of the Judge to whom the application is made, then the property of the deceased within those limits; (c)\tthe family or other near relatives of the deceased and their respective residences; (d)\tthe right in which the petitioner claims; (e)\tthe absence of any impediment under section 370 or under any other provision of this Act or any other enactment, to the grant of the certificate or to the validity thereof if it were granted; and (f)\tthe debts and securities in respect of which the certificate is applied for. (2) If the petition contains any averment which the person verifying it knows or believes to be false, or does not believe to be true, that person shall be deemed to have committed an offence under section 198 of the Penal Code. (3) Application for such a certificate may be made in respect of any debt or debts due to the deceased creditor or in respect of portions thereof.",
"name": "Application for certificate",
"related_acts": "86",
"section_id": 375
},
{
"act_id": 138,
"details": "373. (1) If the District Judge is satisfied that there is ground for entertaining the application, he shall fix a day for the hearing thereof and cause notice of the application and of the day fixed for the hearing- (a)\tto be served on any person to whom, in the opinion of the Judge, special notice of the application should be given, and (b)\tto be posted on some conspicuous part of the court-house and published in such other manner, if any, as the Judge, subject to any rules made by the 43Supreme Court in this behalf, thinks fit, and upon the day fixed, or as soon thereafter as may be practicable, shall proceed to decide in a summary manner the right to the certificate. (2) When the Judge decides the right thereto to belong to the applicant, the Judge shall make an order for the grant of the certificate to him. (3) If the Judge cannot decide the right to the certificate without determining questions of law or fact which seem to be too intricate and difficult for determination in summary proceeding, he may nevertheless grant a certificate to the applicant if he appears to be the person having prima facie the best title thereto. (4) When there are more applicants than one for a certificate, and it appears to the Judge that more than one of such applicants are interested in the estate of the deceased, the Judge may, in deciding to whom the certificate is to be granted, have regard to the extent of interest and the fitness in other respects of the applicants.",
"name": "Procedure on application",
"related_acts": "",
"section_id": 376
},
{
"act_id": 138,
"details": "374. When the District Judge grants a certificate, he shall therein specify the debts and securities set forth in the application for the certificate, and may thereby empower the person to whom the certificate is granted- (a)\tto receive interest or dividends on, or (b)\tto negotiate or transfer, or (c)\tboth to receive interest or dividends on, and to negotiate or transfer, the securities or any of them.",
"name": "Contents of certificate",
"related_acts": "",
"section_id": 377
},
{
"act_id": 138,
"details": "375. (1) The District Judge shall in any case in which he proposes to proceed under sub-section (3) or sub-section (4) of section 373, and may, in any other case, require, as a condition precedent to the granting of a certificate, that the person to whom he proposes to make the grant shall give to the Judge a bond with one or more surety or sureties, or other sufficient security, for rendering an account of debts and securities received by him and for indemnity of person who may be entitled to the whole or any part of those debts and securities. (2) The Judge may, on application made by petition and on cause shown to his satisfaction, and upon such terms as to security, or providing that the money received be paid into Court, or otherwise, as he thinks fit, assign the bond or other security to some proper person, and that person shall thereupon be entitled to sue thereon in his own name as if it had been originally given to him instead of to the Judge of the Court, and to recover, as trustee for all persons interested, such amount as may be recoverable thereunder.",
"name": "Requisition of security from grantee of certificate",
"related_acts": "",
"section_id": 378
},
{
"act_id": 138,
"details": "376. (1) A District Judge may, on the application of the holder of a certificate under this Part, extend the certificate to any debt or security not originally specified therein, and every such extension shall have the same effect as if the debt or security to which the certificate is extended had been originally specified therein. (2) Upon the extension of a certificate, powers with respect to the receiving of interest or dividends on, or the negotiation or transfer of, any security to which the certificate has been extended may be conferred, and a bond or further bond or other security for the purposes mentioned in section 375 may be required, in the same manner as upon the original grant of a certificate.",
"name": "Extension of certificate",
"related_acts": "",
"section_id": 379
},
{
"act_id": 138,
"details": "377. Certificates shall be granted and extensions of certificates shall be made, as nearly as circumstances admit, in the forms set forth in Schedule VIII.",
"name": "Forms of certificate and extended certificate",
"related_acts": "",
"section_id": 380
},
{
"act_id": 138,
"details": "378. Where a District Judge has not conferred on the holder of a certificate any power with respect to a security specified in the certificate, or has only empowered him to receive interest or dividends on, or to negotiate or transfer, the security, the Judge may, on application made by petition and on cause shown to his satisfaction, amend the certificate by conferring any of the powers mentioned in section 374 or by substituting any one for any other of those powers.",
"name": "Amendment of certificate in respect of powers as to securities",
"related_acts": "",
"section_id": 381
},
{
"act_id": 138,
"details": "44 379. (1) Every application for a certificate or for the extension of a certificate shall, subject to the provisions of sub-section (2), be accompanied by a deposit of a sum equal to the fee payable under the Court-fees Act, 1870 (VII of 1870), hereinafter referred in this section as the Court-fees Act, in respect of the certificate or extension applied for. (2) Where an application for a certificate or for the extension of a certificate is made by a successor or an heir of the deceased the fee payable under the Court-fees Act, in respect of the certificate or the extension applied for, shall be deposited in the manner specified in sub-section (3). (3) If the application is allowed,- (a) in the case of an application made by a person other than a successor or an heir of the deceased, the sum deposited by the applicant shall be expended, under the direction of the Judge, in the purchase of the stamp to be used for denoting the fee payable under the Court-fees Act; and (b) in the case of an application made by a successor or an heir of the deceased, the Judge shall direct that a sum equal to the fee payable under the Court-fees Act, in respect of the certificate or extension applied for, be deposited in the Government Treasury in cash, notwithstanding anything contained in section 25 of the said Act, out of the money or actionable claim which any bank, financial institution, post office or any other person or institution holds for or on behalf of the deceased and such bank, financial institution, post office or other person or institution shall deposit the sum accordingly under intimation to the Judge. (4) Any sum received under sub-section (1) and not expended under sub-section (3) (a), shall be refunded to the person who deposited it. Explanation.-For the purpose of this section, \"financial institution\" means a \"আর্থিক প্রতিষ্ঠান\" as defined in ২ (ক) ড়ভ অর্থ ঋণ আদালত আইন, ১৯৯০ (১৯৯০ সনের ৪নং আইন)।",
"name": "Mode of collecting Court-fees on certificates",
"related_acts": "21",
"section_id": 382
},
{
"act_id": 138,
"details": "380. A certificate under this Part shall have effect throughout Bangladesh. 45* * *",
"name": "Local extent of certificate",
"related_acts": "",
"section_id": 383
},
{
"act_id": 138,
"details": "381. Subject to the provisions of this Part, the certificate of the District Judge shall, with respect to the debts and securities specified therein, be conclusive as against the persons owing such debts or liable on such securities, and shall, notwithstan-ding any contravention of section 370, or other defect, afford full indemnity to all such persons as regards all payments made, or dealings had, in good faith in respect of such debts or securities to or with the person to whom the certificate was granted.",
"name": "Effect of certificate",
"related_acts": "",
"section_id": 384
},
{
"act_id": 138,
"details": "382. Where a certificate in the form, as nearly as circumstances admit, of Schedule VIII has been granted 46* * * to a resident within a Foreign State by the Bangladsh representative accredited to the State, or where a certificate so granted has been extended in such form by such 47* * * representative, the certificate shall, when stamped in accordance with the provisions of the Court-fees Act, 1870, with respect to certificates under this Part, have the same effect in Bangladesh as a certificate granted or extended under this Part.",
"name": "Effect of certificate granted or extended by Bangladesh representative in Foreign State",
"related_acts": "21",
"section_id": 385
},
{
"act_id": 138,
"details": "383. A certificate granted under this Part may be revoked for any of the following causes, namely:- (a)\tthat the proceedings to obtain the certificate were defective in substance; (b)\tthat the certificate was obtained fraudulently by the making of a false suggestion, or by the concealment from the Court of something material to the case; (c)\tthat the certificate was obtained by means of an untrue allegation of a fact essential in point of law to justify the grant thereof, though such allegation was made in ignorance or inadvertently; (d)\tthat the certificate has become useless and inoperative through circumstances; (e)\tthat a decree or order made by a competent Court in a suit or other proceeding with respect to effects comprising debts or securities specified in the certificate renders it proper that the certificate should be revoked.",
"name": "Revocation of certificate",
"related_acts": "",
"section_id": 386
},
{
"act_id": 138,
"details": "384. (1) Subject to the other provisions of this Part, an appeal shall lie to the High Court Division from an order of a District Judge granting, refusing or revoking a certificate under this Part, and the High Court Division may, if it thinks fit, by its order on the appeal, declare the person to whom the certificate should be granted and direct the District Judge, on application being made therefor, to grant it accordingly, in supersession of the certificate, if any, already granted. (2) An appeal under sub-section (1) must be preferred within the time allowed for an appeal under the Code of Civil Procedure, 1908. (3) Subject to the provisions of sub-section (1) and to the provisions as to reference to and revision by the High Court Division and as to review of judgement of the Code of Civil Procedure, 1908, as applied by section 141 of that Code, an order of a District Judge under this Part shall be final.",
"name": "Appeal",
"related_acts": "86,86",
"section_id": 387
},
{
"act_id": 138,
"details": "385. Save as provided by this Act, a certificate granted thereunder in respect of any of the effects of a deceased person shall be invalid if there has been a previous grant of such a Certificate or of probate or letters of administration in respect of the estate of the deceased person and if such previous grant is in force.",
"name": "Effect on certificate of previous certificate, probate or letters of administration",
"related_acts": "",
"section_id": 388
},
{
"act_id": 138,
"details": "386. Where a certificate under this Part has been superseded or is invalid by rason of the certificate having been revoked under section 383, or by reason of the grant of a certificate to a person named in an appellate order under section 384, or by reason of a certificate having been previously granted, or for any other cause, all payments made, or dealings had, as regards debts and securities specified in the superseded or invalid certificate, to or with the holder of that certificate in ignorance of its supersession or invalidity, shall be held good against claims under any other certificate.",
"name": "Validation of certain payments made in good faith to holder of invalid certificate",
"related_acts": "",
"section_id": 389
},
{
"act_id": 138,
"details": "387. No decision under this Part upon any question of right between any parties shall be held to bar the trial of the same question in any suit or in any other proceeding between the same parties, and nothing in this Part shall be construed to affect the liability of any person who may receive the whole or any part of any debt or security, or any interest or dividend on any security, to account therefore to the person lawfully entitled thereto.",
"name": "Effect of decisions under this Act, and liability of holder of certificate thereunder",
"related_acts": "",
"section_id": 390
},
{
"act_id": 138,
"details": "388. (1) The Government may, by notification in the official Gazette, invest any Court inferior in grade to a District Judge with power to exercise the functions of a District Judge under this Part. (2) Any inferior Court so invested shall, within the local limits of its jurisdiction, have concurrent jurisdiction with the District Judge in the exercise of all the powers conferred by this Part upon the District Judge, and the provisions of this Part relating to the District Judge shall apply to such an inferior Court as if it were a District Judge: Provided that an appeal from any such order of an inferior Court as is mentioned in sub-section (1) of section 384 shall lie to the District Judge, and not to the High Court Division, and that the District Judge may, if he thinks fit, by his order on the appeal, make any such declaration and direction as that sub-section authorises the High Court Division to make by its order on an appeal from an order of a District Judge. (3) An order of a District Judge on an appeal from an order of an inferior Court under the last foregoing sub-section shall, subject to the provisions as to reference to and revision by the High Court Division and as to review of judgement of the Code of Civil Procedure, 1908, as applied by section 141 of that Code, be final. (4) The District Judge may withdraw any proceedings under this Part from an inferior Court, and may either himself dispose of them or transfer them to another such Court established within the local limits of the jurisdiction of the District Judge and having authority to dispose of the proceedings. (5) A notification under sub-section (1) may specify any inferior Court specially or any class of such Courts in any local area. (6) Any Civil Court which for any of the purposes of any enactment is subordinate to, or subject to the control of, a District Judge shall, for the purposes of this section, be deemed to be a Court inferior in grade to a district Judge.",
"name": "Investiture of inferior Courts with jurisdiction of District Court for purposes of this Act",
"related_acts": "86",
"section_id": 391
},
{
"act_id": 138,
"details": "389. (1) When a certificate under this Part has been superseded or is invalid from any of the causes mentioned in section 386, the holder thereof shall, on the requisition of the Court which granted it, deliver it up to that Court. (2) If he wilfully and without reasonable cause omits so to deliver it up, he shall be punishable with fine which may extend to one thousand Taka, or with imprisonment for a term which may extend to three months or with both.",
"name": "Surrender of superseded and invalid certificates",
"related_acts": "",
"section_id": 392
},
{
"act_id": 138,
"details": "390. Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 393
},
{
"act_id": 138,
"details": "391. Nothing in Part VIII, Part IX or Part X shall (i)\tvalidate any testamentary disposition which would otherwise have been invalid; (ii)\tinvalidate any such disposition which would otherwise have been valid;(iii)\tdeprive any person of any right of maintenance to which he would otherwise have been entitled; or (iv)\taffect the Administrator General's Act, 1913.",
"name": "Saving",
"related_acts": "99",
"section_id": 394
},
{
"act_id": 138,
"details": "392. Repealed by section 2 and Schedule of the Repealing Act, 1927 (Act No. XII of 1927).",
"name": "Repealed",
"related_acts": "",
"section_id": 395
}
],
"text": "♣An Act to consolidate the law applicable to intestate and testamentary succession in Bangladesh. WHEREAS it is expedient to consolidate the law applicable to intestate and testamentary succession in Bangladesh; it is hereby enacted as follows:-"
} |
{
"id": 140,
"lower_text": [
"1 The words \"the High Court Division\" were substituted, for the words \"High Courts\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"2 The word \"Bangladesh\" was substituted, for the word \"Pakistan\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The word \"Government\" was substituted, for the words \"Central Government\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"4 The words \"High Court Division\" were substituted, for the words \"High Courts\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"5 The words \"it as it has and exercises in respect of contempts of itself\" were substituted, for the words \"them as they have and exercise in respect of contempts of themselves\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"6 The words \"The High Court Division shall not\" were substituted, for the words \"No High Court shall\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"7 The words \"Penal Code\" were substituted, for the words \"Pakistan Penal Code\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"8 The word \"Taka\" was substituted, for the word \"rupees\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"9 The words \"the High Court Division shall not\" were substituted, for the words \"no High Court shall\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Contempt of Courts Act, 1926",
"num_of_sections": 3,
"published_date": "8th March, 1926",
"related_act": [
140,
430
],
"repelled": true,
"sections": [
{
"act_id": 140,
"details": "1. (1)This Act may be called the Contempt of Courts Act, 1926. (2) It extends to the whole of 2Bangladesh. (3) It shall come into force on such date as the 3Government may, by notification in the official Gazette, appoint.",
"name": "Short title, extent and commencement",
"related_acts": "140",
"section_id": 1
},
{
"act_id": 140,
"details": "2. (1) Subject to the provisions of sub-section (3), the 4High Court Division shall have and exercise the same Jurisdiction, powers and authority, in accordance with the same procedure and practice, in respect of contempt of courts subordinate to 5it as it has and exercises in respect of contempts of itself. (2) 6Omitted by section 4 of the Contempt of Courts (Amendment) Ordinance, 1959 (Ordinance No. XLV of 1959). (3) 7The High Court Division shall not take cognizance of a contempt alleged to have been committed in respect of a court subordinate to it where such contempt is an offence punishable under the Penal Code.",
"name": "Power of superior Courts to punish contempts of court",
"related_acts": "",
"section_id": 2
},
{
"act_id": 140,
"details": "3. Save as otherwise expressly provided by any law for the time being in force, a contempt of court may be punished with simple imprisonment for a term which may extend to six months, or with fine, which may extend to two thousand 8Taka, or with both Provided that the accused may be discharged or the punishment awarded may be remitted on apology being made to the satisfaction of the Court: Provided further that notwithstanding anything else where contained in any law 9the High Court Division shall not impose a sentence in excess of that specified in this section for any contempt either in respect of itself or of a Court subordinate to it.",
"name": "Limit of punishment for contempt of court",
"related_acts": "",
"section_id": 3
}
],
"text": "An Act to define and limit the powers of certain Courts in punishing contempts of courts. WHEREAS doubts have arisen as to the powers of 1the High Court Division to punish contempts of Courts; AND WHEREAS it is expedient to resolve these doubts and to define and limit the powers exercisable by the High Court Division in punishing contempt of Court; It is hereby enacted as follows:-"
} |
{
"id": 141,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the word \"Bangladesh\", \"Government\" and \"Taka\" were substituted, for the words \"Pakistan\", \"Provincial Government\" and \"rupees\" respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The word \"Bangladesh\" was substituted, for the words \"the Province\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The words \"Penal Code\" were substituted, for the words \"Pakistan Penal Code\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Cotton Industry (Statistics) Act, 1926",
"num_of_sections": 9,
"published_date": "25th March, 1926",
"related_act": [
141,
430
],
"repelled": false,
"sections": [
{
"act_id": 141,
"details": "1. (1) This Act may be called the Cotton Industry (Statistics) Act, 1926. (2) It extends to the whole of Bangladesh.",
"name": "Short title and extent",
"related_acts": "141",
"section_id": 1
},
{
"act_id": 141,
"details": "2. For the purposes of this Act, unless there is anything repugnant in the subject or context,- (a)\t\"cotton goods\" or \"goods\" includes all tissues and other articles (except yarn and thread) woven, knitted or otherwise manufactured wholly or partly from cotton yarn; (b)\t\"cotton yarn\" or ''yarn\" means yarn wholly or partly composed of cotton fibres; (c)\t\"mill\" means any building or place where cotton goods are woven, knitted or otherwise manufactured, or where cotton yarn is spun, by machinery moved otherwise than by manual labour, and includes every part of such building or place; (d)\t\"owner\", in relation to any mill includes the managing agent or other principal officer of the mill; and (e)\t\"prescribed\" means prescribed by rules made under this Act.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 141,
"details": "3. (1) The owner of every mill shall each month prepare and deliver, or cause to be prepared and delivered, to the prescribed officer a return of all cotton goods manufactured and all cotton yarn spun in the mill during the preceding month by machinery moved otherwise than by manual labour, and shall subscribe a declaration of the truth to the return at the foot thereof. (2) Save as may be otherwise prescribed, every such return shall state, in a respect of each description of goods and of yarn, the quantity manufactured during the period to which the return relates, and shall contain such further information, and be in such form and be subject to such conditions as to verification and otherwise, as may be prescribed. (3) Every such return shall be delivered to the prescribed officer or posted to his address within seven days after the end of the month to which it relates.",
"name": "Delivery of monthly returns of goods and yarn manufactured by mill-owners",
"related_acts": "",
"section_id": 3
},
{
"act_id": 141,
"details": "4. (1) Any officer authorized by the Government by order in writing in this behalf shall have free access at all reasonable times during working hours to any mill may at any time, with or without notice to the owner, examine and take copies of, or extracts from, the records of the mill for the purpose of testing the accuracy of any return made under section three, or of informing himself as to any particulars regarding which information is required for the purposes of this Act or any rules made thereunder: Provided that no officer not especially empowered by the Government in this behalf shall be entitled to inspect any record containing the description or formulae of any trade process. (2) All copies and extracts and all information acquired by any officer in the inspection of any mill under this section shall be treated as strictly confidential.",
"name": "Power to inspect mills and take copies of records",
"related_acts": "",
"section_id": 4
},
{
"act_id": 141,
"details": "5. The Government shall, from the returns delivered under section 3, cause to be compiled and published, in such form as it may direct, statements showing for each month the total quantities of goods manufactured and of yarn spun in mills in 2Bangladesh.",
"name": "Publication of returns",
"related_acts": "",
"section_id": 5
},
{
"act_id": 141,
"details": "6. (1) The Government may, by notification in the official Gazette, make rules consistent with this Act to carry out the purposes thereof. (2) In particular and without prejudice to the generality of the forgoing power, such rules may provide for all or any of the following matters, namely: (a)\tThe form of any return required under this Act, the particulars to be contained therein, and the manner in which the return shall be verified; (b)\tThe nature of the records to be maintained by the owners of mills; (c)\tThe powers and duties, in regard to the inspection of mills under this Act, of the officers authorized to make such inspections; and (d)\tAny other matter which may be or is to be prescribed.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 6
},
{
"act_id": 141,
"details": "7. (1) Any person who- (a)\tknowingly falsifies any record of manufacture or production kept in a mill, or (b)\tbeing required to deliver a return under section 3, knowingly delivers a false return, or (c)\tomits to make any return required by section 3, or refuses to sign or complete the same, or (d)\tknowingly does any act, not otherwise punishable under this Act, in contravention of the provisions of any rule made under this Act, shall be punishable with fine which may extend to five hundred Taka. (2) Any person who discloses any particulars or other information acquired by him in the inspection of any mill under this Act shall be punishable with fine which may extend to one thousand Taka: Provided that nothing in this sub-section shall apply to the disclosure (a) \tof any such particulars or information for the purpose of a prosecution under section 193 of the 3Penal Code or under this Act, in respect of any return kept or record made for the purposes of this Act, or (b) \tof any such particulars or information to any person acting in the execution of any duty imposed upon him by this Act, where the disclosure is necessary for the purposes of this Act.",
"name": "Penalties",
"related_acts": "",
"section_id": 7
},
{
"act_id": 141,
"details": "8. The Government may, by notification in the official Gazette, exempt from the operation of this Act or of any specified provision thereof any mill or class of mills, or any goods or class of goods, specified in the notification.",
"name": "Exemption",
"related_acts": "",
"section_id": 8
},
{
"act_id": 141,
"details": "9. No suit or other legal proceeding shall be instituted against any person in respect of anything which is in good faith done or intended to be done under this Act.",
"name": "Protection for acts done under this Act",
"related_acts": "",
"section_id": 9
}
],
"text": "1♣An Act to provide for the regular submission of returns of quantities of cotton goods manufactured and cotton yarn spun in Bangladesh. WHEREAS it is expedient, * * * to provide for the regular submission of returns of the quantities of cotton goods manufactured and cotton yarn spun in Bangladesh; It is hereby enacted as follows:-"
} |
{
"id": 142,
"lower_text": [
"1 The word \"Bangladesh\" was substituted, for the word \"Pakistan\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The word \"Government\" was substituted, for the words \"Central Government\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 Clause (a) was substituted, for former clause (a) by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Legal Practitioners (Fees) Act, 1926",
"num_of_sections": 6,
"published_date": "25th March, 1926",
"related_act": [
430,
142
],
"repelled": false,
"sections": [
{
"act_id": 142,
"details": "1.(1) This Act may be called the Legal Practitioners (Fees) Act, 1926. (2)\tIt extends to the whole of 1Bangladesh. (3) \tIt shall come into force on such date as the 2Government may, by notification in the official Gazette, appoint.",
"name": "Short title, extent and commencement",
"related_acts": "142",
"section_id": 1
},
{
"act_id": 142,
"details": "2. For the purposes of this Act, unless there is anything repugnant in the subject or context, 3(a)\t\"Legal practitioner\" means an advocate and includes a mukhtear or a Revenue agent; and (b)\ta legal practitioner shall not be deemed to \"act\" if he only pleads, or to \"agree to act\" if he agrees only to plead.",
"name": "Interpretation",
"related_acts": "",
"section_id": 2
},
{
"act_id": 142,
"details": "3. Any legal practitioner who acts or agrees to act for any person may by private agreement settle with such person the terms of his engagement and the fee to be paid for his professional services.",
"name": "Agreement for engagement of legal practitioner",
"related_acts": "",
"section_id": 3
},
{
"act_id": 142,
"details": "4. Any such legal practitioner shall be entitled to institute and maintain legal proceedings for the recovery of any fee due to him under the agreement, or, if no such fee has been settled, a fee computed in accordance with the law for the time being in force in regard to the computation of the costs to be awarded to a party in respect of the fee of his legal practitioner.",
"name": "Right of legal practitioner to sue for fees",
"related_acts": "",
"section_id": 4
},
{
"act_id": 142,
"details": "5. No legal practitioner who has acted or agreed to act shall, by reason only of being a legal practitioner, be exempt from liability to be sued in respect of any loss or injury due to any negligence in the conduct of his professional duties.",
"name": "Liability of legal practitioner to be sued",
"related_acts": "",
"section_id": 5
},
{
"act_id": 142,
"details": "6. Repealed by section 2 and Schedule of the Repealing Act, 1927 (Act No. XII of 1927 ).",
"name": "Repealed",
"related_acts": "",
"section_id": 6
}
],
"text": "An Act to define in certain cases the rights of legal practitioners to sue for their fees and their liabilities to be sued in respect of negligence in the discharge of their professional duties. WHEREAS it is expedient to define in certain cases the rights of legal practitioners to sue for their fees and their liabilities to be sued in respect of negligence in the discharge of their professional duties; It is hereby enacted as follows:-"
} |
{
"id": 143,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the words \"Bangladesh\", \"Government\" and \"Taka\" were substituted, for the words \"East Pakistan\", Provincial Government\" and \"rupees\" respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 First proviso was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 Clause (1) was omitted by the 1st Schedule of the East Pakistan Repealing and Amending Ordinance, 1962 (Ordinance No. XIII of 1962)",
"4 Semi-colon, comma, words and figures \"; but does not include a hackney-carriage as defined in section 4 of the Hackney-Carriage Act, 1919\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Vehicles Act, 1927",
"num_of_sections": 17,
"published_date": "20th October, 1927",
"related_act": [
163,
164,
165,
166,
430,
143
],
"repelled": false,
"sections": [
{
"act_id": 143,
"details": "1. (1) This Act may be called the Vehicles Act, 1927. (2) Omitted by the 1st Schedule of the East Pakistan Repealing and Amending Ordinance, 1962 (Ordinance No. XIII of 1962). (3) It shall come into force on such date as the Government may, by notification, direct.",
"name": "Short title, extent and commencement",
"related_acts": "143",
"section_id": 1
},
{
"act_id": 143,
"details": "2. The Government may, by notification- (a)\textend this Act or any portion thereof, to any town or local area in Bangladesh; and (b)\texclude from, or include in, town or local area to which this Act is extended under clause (a), any local area in the vicinity of the same and defined in he notification: 2* * *Provided that, before finally publishing any notifica-tion under this section, Government shall publish a draft of the same in such manner as it may think fit, and any rate-payer or inhabitant of the area affected by such draft may, if he objects to the draft, submits his objection in writing to the Government within six weeks from its publication, and the Government shall take such objection into consideration.",
"name": "Further provisions as to extent",
"related_acts": "",
"section_id": 2
},
{
"act_id": 143,
"details": "3. In this Act, unless there is anything repugnant in the subject or context,- 3* * * (2) \t\"notification\" means a notification published in the \"official Gazette\". (3) \t\"prescribed\" means prescribed by rules under this Act; (4) \t\"public place\" means a road, street, way or other place, whether a thoroughfare or not, to which the public are granted access or over which they have a right to pass; (5) \t\"vehicle\" means any wheeled vehicle drawn by a horse or horses and used for the conveyance of the human beings 4* * *.",
"name": "Definitions",
"related_acts": "",
"section_id": 3
},
{
"act_id": 143,
"details": "4. (1) No person under the age of eighteen years shall drive a vehicle in any public place. (2) No owner or person in charge of a vehicle shall allow any person under the age of eighteen years to drive the same in any public place; and in the event of a contravention of sub-section (1), the court may presume that the vehicle was driven with the consent of the owner or person in charge.",
"name": "Prohibitions of driving vehicles by persons under eighteen",
"related_acts": "",
"section_id": 4
},
{
"act_id": 143,
"details": "5. The person in charge of a vehicle shall cause the vehicle to stop and to remain stationary so long as may be reasonably be necessary- (a)\twhen required to do so by any police-officer for the purpose of regulating traffic or of ascertaining his name and address with a view to prosecuting such person under this Act or for any purpose connected with the enforcement of the provisions of this Act or the rules thereunder, or (b)\twhen he knows or has reason to believe that an accident has occurred to any person or to any animal or conveyance in charge of a person owing to the presence of the vehicle, and he shall also give his name and address and the name and address of the owner of such vehicle, to any police-officer in uniform present or to any person reasonably requesting such names and addresses.",
"name": "Duty to stop vehicle for regulating traffic and in case of accident",
"related_acts": "",
"section_id": 5
},
{
"act_id": 143,
"details": "6. Whoever drives a vehicle in a public place recklessly or negligently, or at a speed or in a manner which is dangerous to the public, having regard to all the circumstances of the case, including the nature, condition and use of the place, and the amount of traffic which actually is at the time and which might reasonably be expected to be, in the place, shall, on conviction, be punishable with fine which may extend to five hundred Taka.",
"name": "Reckless driving",
"related_acts": "",
"section_id": 6
},
{
"act_id": 143,
"details": "7. No person shall drive a vehicle in a public place unless he is licensed in the prescribed manner, and no owner or person in charge of a vehicle shall allow any person who is not so licensed to drive it.",
"name": "Licensing of drivers",
"related_acts": "",
"section_id": 7
},
{
"act_id": 143,
"details": "8. The holder of a licence shall not allow it to be used by any other person.",
"name": "Transfer of licence",
"related_acts": "",
"section_id": 8
},
{
"act_id": 143,
"details": "9. The driver of a vehicle shall produce his licence upon the spot when required by any police-officer to do so.",
"name": "Production of licence",
"related_acts": "",
"section_id": 9
},
{
"act_id": 143,
"details": "10. Every licence to drive a vehicle shall be valid in such area as may be specified therein.",
"name": "Extent of validity of licence to drive",
"related_acts": "",
"section_id": 10
},
{
"act_id": 143,
"details": "11. (1) The owner of every vehicle shall cause it to be registered in the prescribed manner. (2) Such registration shall be valid in such area as may be specified in the certificate of registration.",
"name": "Registration of vehicles",
"related_acts": "",
"section_id": 11
},
{
"act_id": 143,
"details": "12. (1) The Government, subject to the condition of previous publication, shall make rules for the purpose of carrying into effect the provisions of this Act and of regulating, in the whole or any part of Bangladesh, except the district of Sylhet, the use of vehicles or any class of vehicles in public places. (2) In particular, and without prejudice to the generality of the foregoing powers, the Government may make rules for al or any of the following purposes, namely:- (a)\tProviding for the registration of vehicles, and the conditions subject to which they may be registered, the fees payable in respect of an incidental to registration, the notification of any changes of ownership, and the area in which, and the duration for which, certificates of registration shall be valid; (b)\tproviding for facilitating the identification of vehicles by the assignment to them of distinguishing numbers and the displaying upon them of number and name plates, or in any other manner; (c)\tregulating the construction and equipment of vehicles, including the provision and use of lights, bells or other appliances; (d)\tprescribing the authority by which, and the conditions subject to which, drivers of vehicles or any class of such drivers may be licensed, the fees payable in respect of such licences, and the area within which, and the duration for which licences shall be valid; (e)\tprescribing the authority by which, and the conditions and limitations subject to which, licenses may be suspended or cancelled; (f)\tprescribing the precautions to be observed when vehicles are standing in any public place; (g)\tprohibiting or regulating the driving of vehicles in public places, where their use may, in the opinion of the Government, be attended with danger or inconvenience to the public; (h)\tprescribing the authority who shall give and the manner of giving the notice referred to in section 13; and (i)\tproviding generally for the prevention of danger, injury or annoyance to the public or any person, or of danger or injury to property, or of obstruction to traffic. (3) All rules made under this section shall be published in the official Gazette; and, on such publication, shall have effect as if enacted in this Act.",
"name": "Power of Government to make rules",
"related_acts": "",
"section_id": 12
},
{
"act_id": 143,
"details": "13. The prescribed authority shall give, in the prescribed manner, public notice of any rule, made by the Government under section 12, prohibiting or regulating the driving of vehicles in any public place; and for the purpose of giving effect to any such rule, shall display conspicuous notices at or near the place to which the rule refers.",
"name": "Posting of notices",
"related_acts": "",
"section_id": 13
},
{
"act_id": 143,
"details": "14. The Government may, be notification, exclude any area specified in such notification from the operation of this Part; and may, by a like notification, exempt either generally or for a specified period any class of vehicles from the operation of all or any of the provisions of this Part.",
"name": "Power to Government to exclude areas and to exempt vehicles from this Part",
"related_acts": "",
"section_id": 14
},
{
"act_id": 143,
"details": "15. Whoever contravenes any of the provisions of this Act or of any rule made thereunder shall, if no other penalty is elsewhere provided in this Act for such contravention, be punishable with fine which may extend to one hundred Taka, and, in the event of such person having been previously convicted of an offence under this Act or any rule made thereunder, with fine which may extend to two hundred Taka.",
"name": "Penalties",
"related_acts": "",
"section_id": 15
},
{
"act_id": 143,
"details": "16. No Court inferior to that of a Magistrate of the second class shall try any offence punishable under this Act or any rule made thereunder.",
"name": "Cognisance of offences",
"related_acts": "",
"section_id": 16
},
{
"act_id": 143,
"details": "17.(1) The Government may, declare any person disqualified for obtaining a licence under this Act either permanently or for such period as it thinks fit. (2) The prescribed authority may, subject to such conditions and limitations as may be prescribed, cancel or suspend any licence granted under this Act. (3) Any Court by which any person is convicted of an offence against the provisions of this Act or any rule made thereunder or of any offence in connection with the driving of a vehicle shall, if such person holds a licence under the Act, cause particulars of the conviction to be endorsed thereon and may, in respect of such person and of his licence, if any, exercise the like powers as are conferred by sub-section (1) on the Government and by sub-section (2) on the prescribed authority: Provided that no order made by a Court under this sub-section shall affect any person or licence for a period exceeding one year from the date of such conviction. (4) Any Court before which the holder of a licence under this Act is accused of any offence mentioned in sub-section (3) may suspend such licence until the termination of the proceedings before it. (5) A copy of every order of cancellation, suspension or disqualification made under this section in respect of a licence or the holder of a licence shall be endorsed on the licence, and a copy of every endorsement, in accordance with the provisions of this section, shall be sent to the authority by which such licence has been granted. (6) Every holder of a licence shall, when called upon to do so, produce his licence before any authority acting under this section. (7) A person whose licence has been cancelled or suspended in accordance with the provisions of this section, shall, during the period for which such order of cancellation has effect, or during the period of such suspension, as the case may be, be disqualified for obtaining a licence. (8) No person whose licence has been endorsed or who has been disqualified for obtaining a licence shall apply for, or obtain, a licence without giving particulars of such endorsement or disqualification.",
"name": "Cancellation and suspension of licence and disqualification for obtaining licence",
"related_acts": "",
"section_id": 17
}
],
"text": "1♣An Act to provide for the better control of horse-drawn vehicles in certain areas in Bangladesh. WHEREAS it is expedient to provide for the better control of horse-drawn vehicles in certain areas in Bangladesh. It is hereby enacted as follows:-"
} |
{
"id": 144,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the words \"Bangladesh\", \"Government\" and \"Taka\" were substituted, for the words \"Pakistan\", \"Provincial Government\" and \"rupees\" respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 Sub-section (2) was substituted, for sub-section (2) by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 Clause (4A) was inserted by section 2 of the Indian Forest (Amendment) Act, 1933 (Act No. III of 1933)",
"4 The words \"or any land suitable for afforestation\" were inserted by section 2of the Forest (Amendment) Act, 1990 (Act No. VIII of 1990)",
"5 The word \"Bengali\" was substituted, for the words \"the local vernacular\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"6 The words \"and not more than four months\" were inserted by section 3 of the Forest (Amendment) Act, 1990 (Act No. VIII of 1990)",
"7 The words, comma, figures and brackets \"Acquisition and Requisition of Immovable Property Ordinance, 1982 (Ordinance No. II of 1982)\" were substituted, for the words, comma and figure \"Land Acquisition Act, 1894\" by section 4 of the Forest (Amendment) Act, 1990 (Act No. VIII of 1990)",
"8 The words, comma, figures and brackets \"Acquisition and Requisition of Immovable Property Ordinance, 1982 (Ordinance No. II of 1982)\" were substituted, for the words, comma and figure \"Land Acquisition Act, 1894\" by section 4 of the Forest (Amendment) Act, 1990 (Act No. VIII of 1990)",
"9 The comma and words \", or wholly in money\" were inserted by section 4 of the Forest (Amendment) Act, 1990 (Act No. VIII of 1990)",
"10 Section 16A was inserted by section 2 of the Forest (Amendment) Act, 2000 (Act No. X of 2000)",
"11 Sections 17 and 18 were substituted, for sections 17 and 18 by section 5 of the Forest (Amendment) Act, 1990 (Act No. VIII of 1990)",
"12 Sub-section (2) was substituted, for sub-section (2) by section 3 of the Forest (Amendment) Act, 2000 (Act No. X of 2000).",
"13 The words \"the Divisional Commissioner\" were substituted, for the words \"the appellate officer or Court\" by section 6 of the Forest (Amendment) Act, 1990 (Act No. VIII of 1990)",
"14 The words \"Divisional Commissioner\" were substituted, for the words \"appellate officer or Court\" by section 7 of the Forest (Amendment) Act, 1990 (Act No. VIII of 1990)",
"15 The words, commas, figures and brackets \"Acquisition and Requisition of Immovable Property Ordinance, 1982 (II of 1982), have become vested in the Government under section 11 of that Ordinance\" were substituted, for the words, commas and figures \"Land Acquisition Act, 1894, have become vested in the Government under section 16 of that Act\" by section 7 of the Forest (Amendment) Act, 1990 (Act No. VIII of 1990).",
"16 The words \"cause it\" were substituted, for the words \"cause a translation thereof into the local vernacular\" by section 8 of the Forest (Amendment) Act, 1990 (Act No. VIII of 1990)",
"17 Sub-sections (1) and (1A) were substituted, for sub-section (1) by section 9 of the Forest (Amendment) Act, 1990 (Act No. VIII of 1990)",
"18 The words \"or cultivates or attempts to cultivate any land in any other manner\" were inserted by section 4 of the Forest (Amendment) Act, 2000 (Act No. X of 2000)",
"19 The words \"OF VILLAGE-FOREST AND SOCIAL FORESTRY\" were substituted, for the words \"OF VILLAGE-FORESTS\" by section 5 of the Forest (Amendment) Act, 2000 (Act No. X of 2000).",
"20 Sections 28A and 28B were inserted by section 6 of the Forest (Amendment) Act, 2000 (Act No. X of 2000)",
"21 The words \"or charland\" were added by section 7 of the Forest (Amendment) Act, 2000 (Act No. X of 2000)",
"22 The words \"or charland\" were added by section 7 of the Forest (Amendment) Act, 2000 (Act No. X of 2000)",
"23 The words and comma \"breaking up, cleaning or use\" were substituted, for the words \"breaking up or clearing\" by section 8 of the Forest (Amendment) Act, 2000 (Act No. X of 2000)",
"24 The word \"Bengali\" was substituted, for the words \"the local vernacular\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"25 The words, commas and figure \"and the killing or catching of elephants in such forests in areas in which the Elephants Preservation Act, 1879, is not in force\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"26 The words and figure \"section 28A or of\" were inserted by section 9 of the Forest (Amendment) Act, 2000 (Act No. X of 2000)",
"27 Sub-sections (1) and (1A) were substituted, for sub-section (1) by section 10 of the Forest (Amendment) Act, 1990 (Act No. VIII of 1990)",
"28 A semi-colon was substituted, for comma (,) at the end of clause (f) by section 9 of the Forest (Amendment) Act, 2000 (Act No. X of 2000)",
"29 Clause (g) was added by section 9 of the Forest (Amendment) Act, 2000 (Act No. X of 2000)",
"30 The words \"or cultivates or attempts to cultivate any land in any other manner\" were inserted by section 9 of the Forest (Amendment) Act, 2000 (Act No. X of 2000)",
"31 Sections 38A, 38B, 38C and 38D were inserted by section 10 of the Forest (Amendment) Act, 2000 (Act No. X of 2000)",
"32 The word \"Bangladesh\" was substituted, for the words \"the Province\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"33 The words and commas \"establishment of wood based industries including saw-mils, saw-pits, furniture-marts and brick-fields\" were substituted, for the words \"establishment of saw-pits\" by section 11 of the Forest (Amendment) Act, 1990 (Act No. VIII of 1990)",
"34 The words \"three years and shall not be less than two months and shall also be laible to fine which may extend to ten thousand Taka and shall not be less than two thousand Taka\" were substituted, for the words and commas \"six months, or fine which may extend to five hundred Taka, or both\" by section 12 of the Forest (Amendment) Act, 1990 (Act No. VIII of 1990)",
"35 The words \"three years and shall not be less than two months and shall also be laible to fine which may extend to ten thousand Taka and shall not be less than two thousand Taka\" were substituted, for the words and commas \"six months, or fine which may extend to five hundred Taka, or both\" by section 12 of the Forest (Amendment) Act, 1990 (Act No. VIII of 1990)",
"36 The word \"vessels\" was substituted, for the word \"boats\" by section 14 of the Forest (Amendment) Act, 1990 (Act No. VIII",
"37 The words \"or any other officer authorized in this behalf by or under any other law inforce\" were added by section 11 of the Forest (Amendment) Act, 2000 (Act No. X of 2000)",
"38 Sub-section (1a) was inserted by section 11 of the Forest (Amendment) Act, 2000 (Act No. X of 2000)",
"39 The word \"vessels\" was substituted, for the word \"boats\" by section 15 of the Forest (Amendment) Act, 1990 (Act No. VIII of 1990)",
"40 The words \"one year and shall not be less than one month and shall also be liable to fine which may extend to ten thousand Taka and shall not be less than two thousand Taka\" were substituted, for the words and commas \"six months, or with fine which may extend to five hundred Taka, or both\" by section 16 of the Forest (Amendment) Act, 1990 (Act No. VIII of 1990)",
"41 The words \"Penal Code\" were substituted, for the words \"Pakistan Penal Code\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"42 The words \"seven years and shall not be less than two years and shall also be liable to fine which may extend to fifty thousand Taka and shall not be less than ten thousand Taka\" were substituted, for the words and commas \"two years, or with fine, or with both\" by section 17 of the Forest (Amendment) Act, 1990 (Act No. VIII of 1990)",
"43 Section 63A was inserted by section 18 of the Forest (Amendment) Act, 1990 (Act No. VIII of 1990)",
"44 Colon was substituted, for the full-stop at the end of section 65 and thereafter the proviso was added by section 19 of the Forest (Amendment) Act, 1990 (Act No. VIII of 1990).",
"45 The words \"two years\" were substituted, for the words \"six months\" by section 20 of the Forest (Amendment) Act, 1990 (Act No. VIII of 1990)",
"46 The words \"ten thousand\" were substituted, for the words \"five hundred\" by section 20 of the Forest (Amendment) Act, 1990 (Act No. VIII of 1990)",
"47 Section 67A was inserted by section 12 of the Forest (Amendment) Act, 2000 (Act No. X of 2000)",
"48 The words \"not inferior to that of a Ranger\" were inserted by section 21 of the Forest (Amendment) Act, 1990 (Act No. VIII of 1990)",
"49 The words, figures, brackets and letters \"section 26(1A) or section 33 (1A) or\" were inserted by section 21 of the Forest (Amendment) Act, 1990 (Act No. VIII of 1990)",
"50 The words \"and verified by another officer not below to the rank of a Divisional Forest Officer\" were added by section 13 of the Forest (Amendment) Act, 2000 (Act No. X of 2000)",
"51 Section 69A was inserted by section 22 of the Forest (Amendment) Act, 1990 (Act No. VIII of 1990)",
"52 The words \"per day or part thereof\" were inserted by section 14 of the Forest (Amendment) Act, 2000 (Act No. X of 2000)",
"53 The words \"Taka one thousand\" were substituted, for the words \"ten Taka\" by section 23 of the Forest (Amendment) Act, 1990 (Act No. VIII of 1990)",
"54 The words \"Taka two hundred\" were substituted, for the words \"two Taka\" by section 23 of the Forest (Amendment) Act, 1990 (Act No. VIII of 1990)",
"55 The words \"Taka one hundred\" were substituted, for the words \"one Taka\" by section 23 of the Forest (Amendment) Act, 1990 (Act No. VIII of 1990)",
"56 The words \"Taka fifty\" were substituted, for the words \"fifty poisha\" by section 23 of the Forest (Amendment) Act, 1990 (Act No. VIII of 1990)",
"57 The words \"Penal Code\" were substituted, for the words \"Pakistan Penal Code\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"58 The words \"and no court may try such a public servant for a crime stemming from actions related to the public servant's official duty under this Act and occurring within the public servant's assigned geographical jurisdiction, unless the court first conducts a preliminary inquiry and verifies that there is credible evidence to support the basic elements of the complaint\" were added by section 15 of the Forest (Amendment) Act, 2000 (Act No. X of 2000)",
"59 The words \"six months\" were substituted, for the words \"one month\" by section 24 of the Forest (Amendment) Act, 1990 (Act No. VIII of 1990)",
"60 The words \"five thousand\" were substituted, for the words \"five hundred\" by section 24 of the Forest (Amendment) Act, 1990 (Act No. VIII of 1990)",
"61 The words and commas \"Government, or a local authority, or who receives emoluments from the Government or a local authority\" were substituted, for the words and comma \"Government, or who receives emoluments from the Government\" by section 25 of the Forest (Amendment) Act, 1990 (Act VIII of 1990)",
"62 The words \"three months\" were substituted, for the words \"one month\" by section 25 of the Forest (Amendment) Act, 1990 (Act No. VIII of 1990)",
"63 The words \"two thousand\" were substituted, for the words \"two hundred\" by section 25 of the Forest (Amendment) Act, 1990 (Act No. VIII of 1990)",
"64 The words, figures, brackets and comma \"section 5(2) of the Acquisition and Requisition of Immovable Property Ordinance, 1982 (II of 1982)\" were substituted, for the words, figures and comma \"section 4 of the Land Acquisition Act, 1894\" by section 26 of the Forest (Amendment) Act, 1990 (Act No. VIII of 1990)"
],
"name": "The Forest Act, 1927",
"num_of_sections": 98,
"published_date": "21st September, 1927",
"related_act": [
289,
75,
619,
430,
144,
22,
26
],
"repelled": false,
"sections": [
{
"act_id": 144,
"details": "1. (1) This Act may be called the Forest Act, 1927. 2(2) It extends to the whole of Bangladesh. (3) Omitted by the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973), section 3 and 2nd Schedule.",
"name": "Short title and extent",
"related_acts": "144,430",
"section_id": 1
},
{
"act_id": 144,
"details": "2. In this Act, unless there is anything repugnant in the subject or context,- (1) \"cattle\" includes elephants, camels, buffaloes, horses, mares, geldings, ponies, colts, fillies, mules, asses, pigs, rams, ewes, sheep, lambs, goats and kids; (2) \"Forest-officer\" means any person whom the Government or any officer empowered by the Government in this behalf, may appoint to carry out all or any of the purposes of this Act or to do anything required by this Act or any rule made thereunder to be done by a Forest-officer; (3) \t\"forest-offence\" means an offence punishable under this Act or under any rule made thereunder; (4) \t\"forest-produce\" includes (a)\tthe following whether found in, or brought from, a forest or not, that is to say: timber, charcoal, cuatchouc, catechu, wood-oil, resin, natural varnish, bark, lac, mahua flowers, mahua seeds, kuth and myrabolams, and (b)\tthe following when found in or brought from, a forest, that is to say: (i)\ttrees and leaves, flowers and fruits, and all other parts or produce not hereinbefore mentioned, of trees, (ii)\tPlants not being trees (including grass, creepers, reeds and moss), and all parts or produce of such plants, (iii)\twild animals and skins, tusks, horns, bones, silk, cocoons, honey, and wax, and al other parts of produce of animals, and (iv)\tpeat, surface, soil, rock and minerals (including limestone, laterite, mineral oils and all products of mines or quarries); 3(4A) \t\"owner\" includes a Court of Wards in respect of property under the superintendence or charge of such court; (5) \t\"river\" includes any stream, canal, creek or other channels, natural or artificial; (6) \t\"timber\" includes trees when they have fallen or have been felled, and all wood whether cut up or fashioned or hollowed out for any purpose or not; and (7) \t\"tree\" includes palms, bamboos, stumps, brushwood and canes.",
"name": "Interpretation clause",
"related_acts": "",
"section_id": 2
},
{
"act_id": 144,
"details": "3. The Government may constitute any forest-land or waste-land 4or any land suitable for afforestation which is the property of Government, or over which the Government has proprietary rights, or to the whole or any part of the forest-produce of which the Government is entitled, a reserved forest in the manner hereinafter provided.",
"name": "Power to reserve forests",
"related_acts": "",
"section_id": 3
},
{
"act_id": 144,
"details": "4. (1) Whenever it has been decided to constitute any land reserved forest, the Government shall issue a notification in the official Gazette (a)\tdeclaring that it has been decided to constitute such land a reserved forest; (b)\tspecifying, as nearly as possible, the situation and limits of such land; and (c)\tappointing an officer (hereinafter called \"the Forest Settlement-officer\") to inquire into and determine the existence, nature and extent of any rights alleged to exist in favour of any person in or very any land comprised within such limits, or in or over any forest-produce, and to deal with the same as provided in this Chapter. Explanation.-For the purposes of Clause (b), it shall be sufficient to describe the limits of the forest by roads, rivers, ridges or other well-known or readily intelligible boundaries. (2) The officer appointed under clause (c) of sub-section (1) shall ordinarily be a person not holding any forest-office except that of Forest Settlement-officer. (3) Nothing in this section shall prevent the Government from appointing any number of officers not exceeding three, not more than one of whom shall be a person holding any forest-office except as aforesaid, to perform the duties of a Forest Settlement-officer under this Act.",
"name": "Notification by Government",
"related_acts": "",
"section_id": 4
},
{
"act_id": 144,
"details": "5. After the issue of a notification under section 4, no right shall be acquired in or over the land comprised in such notification, except by succession or under a grant or contract in writing made or entered into by or on behalf of the Government or some person in whom such right was vested when the notification was issued; and no fresh clearings for cultivation or for any other purpose shall be made in such land except in accordance with such rules as may be made by the Government in this behalf.",
"name": "Bar of accrual of forest rights",
"related_acts": "",
"section_id": 5
},
{
"act_id": 144,
"details": "6. When a notification has been issued under section 4, the Forest Settlement-officer shall publish in 5Bengali in every town and village in the neighbourhood of the land comprised therein, a proclamation- (a)\tSpecifying, as nearly as possible, the situation and limits of the proposed forest; (b)\texplaining the consequences which, as hereinafter provided, will ensue on the reservation of such forest; and (c)\tfixing a period of not less than three months 6and not more than four months from the date of such proclamation, and requiring every person claiming any right mentioned in section 4 or section 5 within such period either to present to the Forest Settlement-officer a written notice specifying or to appear before him and state, the nature of such right and the amount particulars of the compensation (if any) claimed in respect thereof.",
"name": "Proclamation by Forest Settlement officer",
"related_acts": "",
"section_id": 6
},
{
"act_id": 144,
"details": "7. The forest settlement-officer shall take down in writing all statements made under section 6, and shall at some convenient place inquire into all claims duly preferred under that section, and the existence of any rights mentioned in section 4 or section 5 and not claimed under section 6 so far as the same may be as certainable from the records of Government and the evidence of any persons likely to be acquainted with the same.",
"name": "Inquiry by Forest Settlement officer",
"related_acts": "",
"section_id": 7
},
{
"act_id": 144,
"details": "8. For the purpose of such inquiry, the Forest Settlement officer may exercise the following powers, that is to say:- (a)\tpower to enter, by himself or any officer authorized by him for the purpose, upon any land, and to survey, demarcate and make a map of the same; and (b)\tthe powers of a Civil Court in the trail of suit.",
"name": "Powers of Forest Settlement-officer",
"related_acts": "",
"section_id": 8
},
{
"act_id": 144,
"details": "9. Rights in respect of which no claim has been preferred under section 6, and of the existence of which no knowledge has been acquired by inquiry under section 7, shall be extinguished, unless, before the notification under section 20 is published, the person claiming them satisfies the Forest Settlement-officer that he had sufficient cause for not preferring such claim within the period fixed under section 6.",
"name": "Extinction of rights",
"related_acts": "",
"section_id": 9
},
{
"act_id": 144,
"details": "10. (1) In the case of a claim relating to the practice of shifting cultivation, the Forest Settlement-officer shall record a statement setting forth the particulars of the claim and of any local rule or order under which the practice is allowed or regulated, and submit the statement to the Government, together with his opinion as to whether the practice would be permitted or prohibited wholly or in part. (2) On receipt of the statement and opinion, the Government may make and order permitting or prohibiting the practice wholly or in part. (3) If such practice is permitted wholly or in part, the Forest Settlement-officer may arrange for its exercise (a)\tby altering the limits of the land under settlement so as to exclude land of sufficient extent, of a suitable kind, and in a locality reasonably convenient for the purposes of the claimants, or (b)\tby causing certain portions of the land under settlement to be separately demarcated, and giving permission to the claimants to practice shifting cultivation therein under such conditions as he may prescribe. (4) All arrangements made under sub-section (3) shall be subject to the previous sanction of the Government. (5) The practice of shifting cultivation shall in all cases be deemed a privilege subject to control, restriction and abolition by the Government.",
"name": "Treatment of claims relating to practice of shifting cultivation",
"related_acts": "",
"section_id": 10
},
{
"act_id": 144,
"details": "11. (1) In the case of a claim to a right in or over any land other than a right-of-way or right of pasture, or a right to forest-produce or a water-course, the Forest Settlement-officer shall pass an order admitting or rejecting the same in whole or in part. (2) If such claim is admitted in whole or in part, the Forest Settlement-officer shall either- (i)\texclude such land from the limits of the proposed forest; or (ii)\tcome to an agreement with the owner thereof for the surrender of his rights; or (iii)\tproceed to acquire such land in the manner provided by the 7Acquisition and Requisition of Immovable Property Ordinance, 1982 (II of 1982). (3) For the purpose of so acquiring such land (a)\tthe Forest Settlement-officer shall be deemed to be a Collector proceeding under the 8Acquisition and Requisition of Immovable Property Ordinance, 1982 (II of 1982). (b)\tthe claimant shall be deemed to be a person interested and appearing before him in pursuance of a notice given under section 9 of that Act; (c)\tthe provisions of the preceding sections of that Act shall be deemed to have been complied with; and (d)\tthe Collector, with the consent of the claimant, or the Court, with the consent of both parties, may award compensation in land, or partly in land and partly in money 9, or wholly in money.",
"name": "Power to acquire land over which right is claimed",
"related_acts": "619,619",
"section_id": 11
},
{
"act_id": 144,
"details": "12. In the case of a claim to rights of a pasture or to forest-produce, the Forest Settlement-officer shall pass an order admitting or rejecting the same in whole or in part.",
"name": "Order on claims to rights of pasture or to forest-produce",
"related_acts": "",
"section_id": 12
},
{
"act_id": 144,
"details": "13. The Forest Settlement-officer, when passing any order under section 12, shall record, so far as may be practicable,- (a)\tthe name, father's name, caste, residence and occupation of the person claiming the right; and (b)\tthe designation, position and area of all fields or groups of fields (if any), and the designation and position of all buildings (if any) in respect of which the exercise of such rights is claimed.",
"name": "Record to be made by Forest Settlement-officer",
"related_acts": "",
"section_id": 13
},
{
"act_id": 144,
"details": "14. If the Forest Settlement-officer admits in whole or in part any claim under section 12, he shall also record the extent to which the claim is so admitted, specifying the number and description of the cattle which the claimant is from time to time entitled to graze in the forest, the season during which such pasture is permitted, the quantity of timber and other forest-produce which he is from time to time authorized to take or receive, and such other particulars as the case may require. He shall also record whether the timber or other forest-produce obtained by the exercise of the rights claimed may be sold or bartered.",
"name": "Record where the admits claim",
"related_acts": "",
"section_id": 14
},
{
"act_id": 144,
"details": "15. (1) After making such record the Forest Settlement-officer shall, to the best of his ability, and having due regard to the maintenance of the reserved forest in respect of which the claim is made, pass such orders as will ensure the continued exercise of the rights so admitted. (2) For this purpose the Forest Settlement-officer may (a)\tset out some other forest-tract of sufficient extent, and in a locality reasonably convenient, for the purposes of such claimants, and record an order conferring upon them a right of pasture or to forest-produce (as the case may be) to the extent so admitted; or (b)\tso alter the limits of the proposed forest as to exclude forest-land of sufficient extent, and in a locality reasonably convenient, for the purposes of the claimants; or (c)\trecord an order, continuing to such claimants a right of pasture or to forest-produce, as the case may be, to the extent so admitted, as such seasons, within such portions of the proposed forest, and under such rules, as may be made in this behalf by the Government.",
"name": "Exercise of rights admitted",
"related_acts": "",
"section_id": 15
},
{
"act_id": 144,
"details": "16. In case the Forest Settlement-officer finds it impossible, having due regard to the maintenance of the reserved forest, to make such settlement under section 15 as shall ensure the continued exercise of the said rights to the extent so admitted, he shall, subject to such rules as the Government may make in this behalf, commute such rights, by the payment to such persons of a sum of money in lieu thereof, or by the grant of land, or in such other manner as he thinks fit.",
"name": "Commutation of rights",
"related_acts": "",
"section_id": 16
},
{
"act_id": 144,
"details": "1016A. (1) Within 12 months after the period fixed under section 6 has elapsed, or within 12 months after the enactment of this section, whichever is later, the Forest Settlement Officer shall do one of the following:- (i)\tdispose of all claims made under sections 6 and 9; or (ii)\tobtain an extension of this 12 months deadline under sub-section (2). (2) Upon application of a Forest Settlement Officer, the Deputy Commissioner may grant a single 2 months extension of the deadline in sub-section (1), making the deadline 14 months, and if that extended deadline threatens to be missed, the Commissioner may grant additional 4 months extensions.",
"name": "Time limit for resolution of claims",
"related_acts": "",
"section_id": 17
},
{
"act_id": 144,
"details": "1117. Any person who has made a claim under this Act, or any Forest-officer or other person generally or specially empowered by the Government in this behalf, may, within three months from the date of the order passed on such claim by the Forest Settlement-officer under section 11, section 12, section 15 or section 16, present an appeal from such order to the Divisional Commissioner concerned.",
"name": "Appeal from order passed under section 11, section 12, section 15 or section 16",
"related_acts": "",
"section_id": 18
},
{
"act_id": 144,
"details": "18.(1) Omitted by section 3 of the Forest (Amendment) Act, 2000 (Act No. X of 2000). 12(2)(a) \tAn appeal shall be heard by the Divisional Commissioner in the manner prescribed for the time being for the hearing of appeals in matters relating to land-development tax and the appeal shall be disposed of within 6 months from the date of presenting it under section 17. (b)\t The Divisional Commissioner shall report to the Government the particulars of the cases which could not be disposed by him within the time prescribed in clause (a), where upon the Government may extend time as deemed necessary. (3) The order passed on the appeal by the Divisional Commissioner shall, subject only to revision by the Government, be final.",
"name": "Appeal under section 17",
"related_acts": "",
"section_id": 19
},
{
"act_id": 144,
"details": "19. The Government, or any person who has made a claim under this Act, may appoint any person to appear, plead and act on its or his behalf before the Forest Settlement-officer, or 13the Divisional Commissioner, in the course of any inquiry or appeal under this Act.",
"name": "Pleaders",
"related_acts": "",
"section_id": 20
},
{
"act_id": 144,
"details": "20. (1) When the following events have occurred, namely:- (a)\tthe period fixed under section 6 for preferring claims has elapsed, and all claims, if any, made under that section or section 9 have been disposed of by the Forest Settlement-officer; (b)\tif any such claims have been made, the period limited by section 17 for appealing from the orders passed on such claims has elapsed, and all appeals (if any) presented within such period have been disposed of by the 14Divisional Commissioner; and (c)\tall lands (if any) to be included in the proposed forest, which the Forest Settlement-officer has, under section 11, elected to acquire under the 15Acquisition and Requisition of Immovable Property Ordinance, 1982 (II of 1982), have become vested in the Government under section 11 of that Ordinance, the Government shall publish a notification in the official Gazette, specifying definitely, according to boundary-marks erected or otherwise, the limits of the forest which is to be reserved, and declaring the same to be reserved from a date fixed by the notification. (2) From the date so fixed such forest shall be deemed to be a reserved forest.",
"name": "Notification declaring forest reserved",
"related_acts": "619",
"section_id": 21
},
{
"act_id": 144,
"details": "21. The Forest-officer shall, before the date fixed by such notification, 16cause it to be published in every town and village in the neighbourhood of the forest.",
"name": "Publication of translation of such notification in neighbourhood of forest",
"related_acts": "",
"section_id": 22
},
{
"act_id": 144,
"details": "22. The Government may, within five years from the publication of any notification under section 20, revise any arrangement made under section 15 or section 18, and may for this purpose rescind or modify any order made under section 15 or section 18, and direct that any one of the proceedings specified in section 15 be taken in lieu of any other of such proceedings, or that the rights admitted under section 12 be commuted under section 16.",
"name": "Power to revise arrangement made under section 15 or section 18",
"related_acts": "",
"section_id": 23
},
{
"act_id": 144,
"details": "23. No right of any description shall be acquired in or over a reserved forest except by succession or under a grant or contract in writing made by or on behalf of the Government or some person in whom such right was vested when the notification under section 20 was issued.",
"name": "No right acquired over reserved forest, except as here provided",
"related_acts": "",
"section_id": 24
},
{
"act_id": 144,
"details": "24. (1) Notwithstanding anything contained in section 23, no right continued under clause (c) of sub-section (2) of section 15 shall be alienated by way of grant, sale, lease, mortgage or otherwise, without the sanction of the Government: Provided that, when any such right is appendant to any land or house, it may be sold or otherwise alienated with such land or house. (2) No timber or other forest-produce obtained in exercise of any such right shall be sold or bartered except to such extent as may have been admitted in the order recorded under section 14.",
"name": "Rights not to be alienated without sanction",
"related_acts": "",
"section_id": 25
},
{
"act_id": 144,
"details": "25. The Forest-officer may, with the previous sanction of the Government or of any officer duly authorized by it in this behalf, stop any public or private way or water-course in a reserved forest, provided that a substitute for the way or water-course so stopped, which the Government deems to be reasonably convenient, already exists, or has been provided or constructed by the Forest-officer in lieu thereof.",
"name": "Power to stop ways and water-courses in reserved forests",
"related_acts": "",
"section_id": 26
},
{
"act_id": 144,
"details": "26. 17(1) Any person who, in a reserved forest- (a)\tkindles, keeps or carries any fire except at such seasons as the Forest-Officer may notify in this behalf. (b)\ttrespasses or pastures cattle, or permits cattle to trespass; (c)\tcauses any damage by negligence in felling any tree or cutting or dragging any timber; (d)\tquarries stone, burns lime or charcoal, or collects, subjects to any manufacturing process, or removes, any forest produce other than timber; or who enters a reserved forest with fire arms without prior permission from the Divisional Forest Officer concerned, shall be punishable with imprisonment for a term which may extend to six months and shall also be liable to fine which may extend to two thousand Taka, in addition to such compensation for damage done to the forest as the convicting Court may direct to be paid. (1A) Any person who (a)\tmakes any fresh clearing prohibited by section 5; or (b)\tremoves any timber from a reserved forest; or (c)\tsets fire to a reserved forest, or, in contravention of any rules made by the Government in this behalf, kindles any fire, or leaves any fire burning, in such manner as to endanger such a forest; or who, in a reserved forest (d)\tfells, girdles, lops, taps or burns any tree or strips off the bark or leaves from or otherwise damages, the same; (e)\tclears or breaks up any land for cultivation or any other purpose 18or cultivates or attempts to cultivate any land in any other manner; (f)\tin contravention of any rules made in this behalf by the Government, hunts, shoots, fishes, poisons water or sets traps or snares; or (g)\testablishes saw-pits or saw-benches or converts trees into timber without lawful authority, shall be punishable with imprisonment for a term which may extend to five years and shall not be less than six months, and shall also be liable to fine which may extend to fifty thousand Taka and shall not be less than five thousand Taka, in addition to such compensation for damage done to the forest as the convicting Court may direct to be paid. (2) Nothing in this section shall be deemed to prohibit (a)\tany act done by permission in writing of the Forest-officer, or under any rule made by the Government; or (b)\tthe exercise of any right continued under clause (c) of sub-section (2) of section 15, or created by grant or contract in writing made by or on behalf of the Government under section 23. (3) Whenever fire is caused wilfully or by gross negligence in a reserved forest, the Government may (notwithstanding that any penalty has been inflicted under this section) direct that in such forest or any portion thereof the exercise of all rights of pasture or to forest-produce shall be suspended for such period as it thinks fit.",
"name": "Acts prohibited in such forests",
"related_acts": "",
"section_id": 27
},
{
"act_id": 144,
"details": "27. (1) The Government may, by notification in the official Gazette, direct that, from a date fixed by such notification, any forest or any portion thereof reserved under this Act shall cease to be a reserved forest. (2) From the date so fixed, such forest or portion shall cease to be reserved; but the rights (if any) which have been extinguished therein shall not revive in consequence of such cessation.",
"name": "Power to declare forest no longer reserved",
"related_acts": "",
"section_id": 28
},
{
"act_id": 144,
"details": "28B. (1) For the purposes of section 26 and 34, the exercise of any right granted by a social forestry agreement under section 28A shall be considered to be done with permission in writing of the Forest-Officer. (2) Section 80 shall not apply to private lands subject to a voluntary written agreement under section 28A, unless such agreement itself allows the Government to invoke all or part of section 80. (3) Section 81 shall not apply to participants in social forestry projects under section 28A.",
"name": "Effect of other of law on social forestry",
"related_acts": "",
"section_id": 29
},
{
"act_id": 144,
"details": "28. (1) The Government may assign to any village community the rights of Government to or over any land which has been constituted a reserved forest, and may cancel such assignment. All forests so assigned shall be called village forests. (2) The Government may make rules for regulating the management of village-forests, prescribing the conditions under which the community to which any such assignment is made may be provided with timber or other forest-produce or pasture, and their duties for the protection and improvement of such forest. (3) All the provisions of this Act relating to reserved forests shall (so far as they are not inconsistent with the rules so made) apply to village-forests.",
"name": "Formation of village forests",
"related_acts": "",
"section_id": 30
},
{
"act_id": 144,
"details": "2028A. (1) On any land which is the property of the Government or over which the Government has proprietory rights, and on any other land assigned to the Government by voluntary written agreement of the owner for the purpose of afforestation, conservation or management through social forestry, the Government may establish a social forestry programme under sub-section (2). (2) A social Forestry programme is established when the Government by one or more written agreements assigns rights to forest-produce or rights to use the land, for the purposes of social forestry, to person assisting the Government in management of the land. (3) Notwithstanding any other provision of law, agreements under sub-section (2) concerning Government-owned lands need not be registered in the local records of right to lands, and no party to such an unregistered agreement may be divested of rights solely by execution of a subsequent assignment of rights by the Government to another person. (4) The Government may make rules to set out standards for social forestry agreements and programme, and such standards shall at a minimum (i)\trequire agreements to include or make reference to an agreed-upon management plant for the social forestry programme; (ii)\tguarantee participants an equitable share of proceeds in return for labour invested; (iii)\tin the case of agreements contemplating timber harvest, require the duration of agreements to include the expected principal harvest; (iv)\tallow transfer of benefits and obligations under agreements between spouses, and, when a participant dies, under the laws of succession to his heir, and govern other transfers; (v)\tallow creation and dissolution of management committees representing participants in particular programmes, and empower the management committees to impose fine on participants for violation of agreement; and (vi)\tallow persons to petition the Government for 'undertaking' social forestry programme. (5) The Government may make rules to set out other requirements or guarantees for agreements, including (i)\tduties of participants to assist forest officers; and (ii)\t any other matter concerning formation or operation of social forestry programmes. (6) Rules made under this section may recognize different classes of social forestry programmes, and the Government may make different rules for different classes or programmes. (7) The Government may publish guidelines and forms for social forestry agreements.",
"name": "Social Forestry",
"related_acts": "",
"section_id": 31
},
{
"act_id": 144,
"details": "29. (1) The Government may, by notification in the official Gazette, declare the provisions of this Chapter applicable to any forest-land or waste-land which is not included in a reserved forest, but which is the property of Government, or over which the Government has proprietary rights, or to the whole or any part of the forest -produce of which the Government is entitled. (2) The forest-land and waste-lands comprised in any such notification shall be called a \"protected forest\". (3) No such notification shall be made unless the nature and extent of the rights of Government and of private persons in or over the forest-land or waste-land 21or charland comprised therein have been inquired into and recorded at a survey or settlement, or in such other manner as the Government thinks sufficient. Every such record shall be presumed to be correct until the contrary is proved: Provided that, if, in the case of any forest-land or waste-land, 22or charland the Government thinks that such inquiry and record are necessary, but that they will occupy such length of time as in the meantime to endanger the rights of Government, the Government may, pending such inquiry and record, declare such land to be a protected forest, but so as not to abridge or affect any existing rights of individuals or communities.",
"name": "Protected forests",
"related_acts": "",
"section_id": 32
},
{
"act_id": 144,
"details": "30. The Government may, by notification in the official Gazette,- (a)\tdeclare any trees or class of trees in a protected forest to be reserved from a date fixed by the notification; (b)\tdeclare that any portion of such forest specified in the notification shall be closed for such term, not exceeding thirty years, as the Government thinks fit, and that the rights of private persons, if any, over such portion shall be suspended during such term, provided that the remainder of such forest be sufficient, and in locality reasonably convenient, for the due exercise of the rights suspended in the portion so closed; or (c)\tprohibit, from a date fixed as aforesaid, the quarrying of stone, or the burning of lime or charcoal, or the collection or subjection to any manufacturing process, or removal of, any forest-produce in any such forest, and the 23breaking up, clearing or use for cultivation, for building, for herding cattle or for any other purpose, of any land in any such forest.",
"name": "Power to issue notification reserving trees, etc.",
"related_acts": "",
"section_id": 33
},
{
"act_id": 144,
"details": "31. The Collector shall cause a translation into 24Bengali of every notification issued under section 30 to be affixed in a conspicuous place in every town and village in the neighbourhood of the forest comprised in the notification.",
"name": "Publication of translation of such notification in neighbourhood",
"related_acts": "",
"section_id": 34
},
{
"act_id": 144,
"details": "32. The Government may make rules to regulate the following matters, namely:- (a)\tthe cutting, sawing, conversion and removal of trees and timber, and the collection, manufacture and removal of forest-produce, from protected forests; (b)\tthe grating of licences to the inhabitants of towns and villages in the vicinity of protected forests to take trees, timber or other forest-produce for their own use, and the production and return of such licences by such persons; (c)\tthe granting of licences to persons felling or removing trees or timber or other forest-produce from such forests for the purposes of trade, and the production and return of such licences by such persons; (d)\tthe payments, if any, to be made by the persons mentioned in clauses (b) and (c) for permission to cut such trees, or to collect and remove such timber or other forest-produce; (e)\tthe other payments, if any, to be made by them in respect of such trees, timber and produce, and the places where such payment shall be made; (f)\tthe examination of forest-produce passing out of such forests; (g)\tthe clearing and breaking up of land for cultivation or other purposes in such forests; (h)\tthe protection from fire of timber lying in such forests and of trees reserved under section 30; (i)\tthe cutting of grass and pasturing of cattle in such forests; (j)\thunting, shooting, fishing, poisoning water and setting traps or snares in such forests, 25* * *; (k)\tthe protection and management of any portion of a forest closed under section 30; and (l)\tthe exercise of rights referred to in section 29.",
"name": "Power to make rules for protected forests",
"related_acts": "",
"section_id": 35
},
{
"act_id": 144,
"details": "33. 27(1) Any person who commits any of the following offences, namely:- (a)\tcontrary to any prohibition under section 30, quarries any stone, or burns any lime or charcoal, or collects, subjects to any manufacturing process, or removes any forest produce other than timber; (b)\tleaves burning any fire kindled by him in the vicinity of any protected forest; (c)\tcauses any damage by negligence in felling any tree or cutting or dragging any timber; (d)\ttrespasses or pastures cattle, or permits cattle to trespass; (e)\tenters a protected forest with fire arms without prior permission from the Divisional Forest Officer concerned; (f)\tinfringes any rule made under section 32 28; 29(g)\tany offence or damage committed against social forestry programme will be deemed as an offense, shall be punishable with imprisonment for a term which may extend to six months and shall also be liable to fine which may extend to two thousand Taka, in addition such compensation for damage done to the forest as the convicting court may direct to be paid. (1A) Any person who commits any of the following offences, namely: (a)\tsets fire to a protected forest or, in contravention of any rules made by the Government in this behalf, kindles any fire, or leaves any fire burning, in such manner as to endanger such a forest; (b)\tfells, girdles, lops, taps or burns any tree reserved under section 30, or strips off the bark or leaves from, or otherwise damages, any such tree; (c)\tcontrary to any prohibition under section 30, clears or breaks up any land for cultivation or other purpose 30or cultivates or attempts to cultivate any land in any other manner in the protected forest; (d)\tin contravention of any rules made in this behalf by the Government, hunts, shoots, sets traps or snares or catches or kills any wild animals and birds, fishes or poisons water; (e)\testablishes saw-pits or saw-benches or converts tree into timber without lawful authority in a protected forest; (f)\tremoves any timber from a protected forest; shall be punishable with imprisonment for a term which may extend to five years and shall not be less than six months and shall also be liable to fine which may extend to fifty thousand Taka and shall not be less than five thousand Taka, in addition such compensation for damages done to the forest as the convicting Court may direct to be paid. (2) Whenever fire is caused wilfully or by gross negligence in a protected forest, the Government may, not withstanding that any penalty has been inflicted under this section, direct that in such forest or any portion thereof the exercise of any right of pasture or to forest -produce shall be suspended for such period as it thinks fit.",
"name": "Penalties for acts in contravention of section 28A or of notification under section 30 or of rules under section 32",
"related_acts": "",
"section_id": 36
},
{
"act_id": 144,
"details": "34. Nothing in this Chapter shall be deemed to prohibit any act done with the permission in writing of the Forest-officer, or in accordance with rules made under section 32, or, except as regards any portion of a forest closed under section 30, or as regards any rights the exercise of which has been suspended under section 33, in the exercise of any right recorded under section 29.",
"name": "Nothing in this Chapter to prohibit acts done in certain cases",
"related_acts": "",
"section_id": 37
},
{
"act_id": 144,
"details": "35. Repealed by section 63 of the Private Forests Ordinance, 1959 (Ordinance No. XXXIV of 1959).",
"name": "Repealed",
"related_acts": "289",
"section_id": 38
},
{
"act_id": 144,
"details": "36. Repealed by section 63 of the Private Forests Ordinance, 1959 (Ordinance No. XXXIV of 1959).",
"name": "Repealed",
"related_acts": "289",
"section_id": 39
},
{
"act_id": 144,
"details": "37. Repealed by section 63 of the Private Forests Ordnance, 1959 (Ordinance No. XXXIV of 1959).",
"name": "Repealed",
"related_acts": "",
"section_id": 40
},
{
"act_id": 144,
"details": "38. Repealed by section 63 of the Private Forests Ordinance, 1959 (Ordinance No. XXXIV of 1959).",
"name": "Repealed",
"related_acts": "289",
"section_id": 41
},
{
"act_id": 144,
"details": "3138A. (1) After commencement of this section, the Government may no longer exercise authority to vest control of forest land under sub-section (2) of section 6, section 7 or section 11 of the Private Forest Ordinance, 1959 (E. P. Ordi-nance No. XXXIV of 1959): Provided that the forest land already vested shall remain vested. (2) After commencement of this section, the Government may no longer exercise authority under section 3 of the Private Forests Ordinance, 1959 (E. P. Ordinance No. XXXIV of 1959) to require private forests to have working plans.",
"name": "Operation of the Privet Forest Ordinance",
"related_acts": "289",
"section_id": 42
},
{
"act_id": 144,
"details": "38C. (1) The Government may make rules to prohibit, restrict or require a permit for land clearing use of pesticides, harvest on steep stopes, or other forest management activities on private land that may pose a threat to property, renewable natural resources or the productivity of land. (2) The Government shall empower Forest-officers to issue such permits required under sub-section (1).",
"name": "Restricted activities",
"related_acts": "",
"section_id": 43
},
{
"act_id": 144,
"details": "38B. (1) The Government may make rules for the purpose of issuing notice to owners or occupiers of neighbouring lands at least 30 days before understanding specified forest management activities that may pose a threat of harm to the environment or private or Government property or that the Government may wish to track for statistical purposes. (2) Within 20 days after receiving notice of a proposed activity under this section, upon finding that the proposed activity is likely to cause unreasonable damage to the environment or private or Government property, the Government may issue a written order to the owner or occupier of a land to alter or to refrain from the proposed activity to prevent or minimize such damage.",
"name": "Notice of forest management activities",
"related_acts": "",
"section_id": 44
},
{
"act_id": 144,
"details": "38D. (1) Upon a finding that conditions on a land pose a risk of disease, insect outbreak fire or other harm to nearby renewable natural resources, the Government may issue a written order to the owner or occupier of the land to abate such a nuisance within 30 days, or sooner as may be specified in the notice, if the protection of renewable natural resources demands. (2) To be effective, an order under sub-section (1) must be delivered personally to the owner or occupier of the land or sent to him by registered post with acknowledgement receipt due, or if the address of the person is unknown, affixed conspicuously at least two locations on the property. (3) If the owner or the occupier fails to comply with an order under this section, the Government may enter the land, remove the nuisance and realize compensation as a public demand.",
"name": "Abetment of forest nuisances",
"related_acts": "",
"section_id": 45
},
{
"act_id": 144,
"details": "39. (1) The Government may levy a duty in such manner, at such places and at such rates as it may declare by notification in the official Gazette on all timber or other forest-produce (a)\twhich is produced in Bangladesh, and in respect of which the Government has any right; (b)\twhich is brought from any place outside Bangladesh or is transported from or to any place within Bangladesh. (2) In every case in which such duty is directed to be levid ad valorem, the Government may fix by like notification the value on which such duty shall be assessed.",
"name": "Power to impose duty on timber and other forest produce",
"related_acts": "",
"section_id": 46
},
{
"act_id": 144,
"details": "40. Nothing in this Chapter shall be deemed to limit the amount, if any, chargeable as purchase-money or royalty on any timber or other forest-produce, although the same is levied on such timber or produce while in transit, in the same manner as duty is levied.",
"name": "Limit not apply to purchase money for royalty",
"related_acts": "",
"section_id": 47
},
{
"act_id": 144,
"details": "41. (1) The control of all rivers and their banks as regards the floating of timber, as well as the control of all timber and other forest-produce in transit by land or water, is vested in the Government, and it may make rules to regulate the transit of all timber and other forest-produce. (2) In particular and without prejudice to the generality of the foregoing power such rules may (a)\tprescribe the routes by which alone timber or other forest-produce may be imported, exported or moved into, from or within 32Bangladesh; (b)\tprohibit the import or export or moving of such timber or other produce without a pass from an officer duly authorized to issue the same, or otherwise than in accordance with the conditions of such pass; (c)\tprovide for the issue, production and return of such passes and for the payment of fees thereof; (d)\tprovide for the stoppage, reporting, examination and marking of timber or other forest-produce in transit, in respect of which there is reason to believe that any money is payable to the Government on account of the price thereof or on account of any duty, fee, royalty or charge due thereon, or, to which it is desirable for the purposes of this Act to affix a mark; (e)\tprovide for the establishment and regulation of depots to which such timber or other produce shall be taken by those in charge of it for examination, or for the payment of such money, or in order that such marks may be affixed to it; and the conditions under which such timber or other produce shall be brought to, stored at and removed from such depots; (f)\tprohibit the closing up or obstructing of the channel or banks of any river used for the transit of timber or other forest-produce, and the throwing of grass, brushwood, branches or leaves into any such river or any act which may cause such river to be closed or obstructed; (g)\tprovide for the prevention or removal of any obstruction of the channel or banks of any such river, and for recovering the cost of such prevention or removal from the person whose acts or negligence necessitated the same; (h)\tprohibit absolutely or subject to conditions, within specified local limits, the 33establishment of wood based industries including saw-mils, saw-pits, furniture marts and brick-fields, the converting, cutting, burning, concealing or making of timber, the altering or effacing of any marks on the same, or the possession or carrying of marking hammers or other implements used for marking timber; (i)\tregulate the use of property marks for timber, and the registration of such marks; prescribe the time for which such registration shall hold good; limit the number of such marks that may be registered by any one person, and provide for the levy of fees for such registration. (3) The Government may direct that any rule made under this section shall not apply to any specified class of timber or other forest-produce or to any specified local area.",
"name": "Power to make rules to regulate transit of forest-produce",
"related_acts": "",
"section_id": 48
},
{
"act_id": 144,
"details": "41A. Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 49
},
{
"act_id": 144,
"details": "42. (1) The Government may be such rules prescribe as penalties for the contravention thereof imprisonment for a term which may extend to 34three years and shall not be less than two months and shall also be laible to fine which may extend to ten thousand Taka and shall not be less than two thousand Taka. (2) Such rules may provide there penalties which are double of those mentioned in sub-section (1) may be inflicted in cases where the offence is committed after sunset and before sunrise, or after preparation for resistance to lawful authority, or where the offender has been previously convicted of a like offence.",
"name": "Penalty for breach of rules made under section 41",
"related_acts": "",
"section_id": 50
},
{
"act_id": 144,
"details": "43. The Government shall not be responsible for any loss or damage which may occur in respect of any timber or other forest-produce while at a depot established under a rule made under section 41, or while detained elsewhere, for the purposes of this Act; and no Forest-officer shall be responsible for any such loss or damage, unless he causes such loss or damage negligently, maliciously or fraudulently.",
"name": "Government and Forest-officers not liable for damage to forest-produce at depot",
"related_acts": "",
"section_id": 51
},
{
"act_id": 144,
"details": "44. In case of any accident or emergency involving danger to any property at any such depot, every person employed at such depot, whether by the Government or by any private person, shall render any assistance to any Forest-officer or Police-officer demanding his aid in averting such danger or securing such property from damage or loss.",
"name": "All persons bound to aid in case of accident at depot",
"related_acts": "",
"section_id": 52
},
{
"act_id": 144,
"details": "45. (1) All timber found adrift, beached, stranded or sunk; all wood or timber bearing marks which have not been registered in accordance with the rules made under section 41, or on which the marks have been obliterated, altered or defaced by fire or otherwise; and in such areas as the Government directs, all unmarked wood and timber; shall be deemed to be the property of Government, unless and until any person establishes his right and title thereto, as provided in this Chapter. (2) Such timber may be collected by any Forest-officer or other person entitled to collect the same by virtue of any rule made under section 51, and may be brought to any depot which the Forest-officer may notify as a depot for the reception of drift timber. (3) The Government may, by notification in the official Gazette exempt any class of timber from the provisions of this section.",
"name": "Certain kinds of timber to be deemed property of Government until title thereto proved, and may be collected accordingly",
"related_acts": "",
"section_id": 53
},
{
"act_id": 144,
"details": "46. Public notice shall from time to time be given by the Forest-office of timber collected under section 45. Such notice shall contain a description of the timber, and shall require any person claiming the same to present to such officer, within a period not less than two months from the date of such notice, a written statement of such claim.",
"name": "Notice to claimants of drift timber",
"related_acts": "",
"section_id": 54
},
{
"act_id": 144,
"details": "47. (1) When any such statement is presented as aforesaid, the Forest-officer may, after making such inquiry as he thinks fit, either reject the claim after recording his reasons for so doing, or deliver the timber to the claimant. (2) If such timber is claimed by more than one person, the Forest-officer may either deliver the same to any of such persons whom he deems entitled thereto, or may refer the claimants to the Civil Courts, and retain the timber pending the receipt of an order from any such Court for its disposal. (3) Any person whose claim has been rejected under this section may, within three months from the date of such rejection, institute a suit to recover possession of the timber claimed by him; but no person shall recover any compensation or costs against the Government, or against any Forest-officer on account of such rejection, or the detention or removal of any timber, or the delivery thereof to any other person under this section. (4) No such timber shall be subject to process of any Civil, Criminal or Revenue Court until it has been delivered, or a suit has been brought, as provided in this section.",
"name": "Procedure on claim preferred to such timber",
"related_acts": "",
"section_id": 55
},
{
"act_id": 144,
"details": "48. If no such statement is presented as aforesaid, or if the claimant omits to prefer his claim in the manner and within the period fixed by the notice issued under section 46, or on such claim, having been so preferred by him and having been rejected, omits to institute a suit to recover possession of such timber within the further period fixed by section 47,the ownership of such timber shall vest in the Government, or, when such timber has been delivered to another person under section 47, in such other person free from all encumbrances not created by him.",
"name": "Disposal of unclaimed timber",
"related_acts": "",
"section_id": 56
},
{
"act_id": 144,
"details": "49. The Government shall not be responsible for any loss or damage which may occur in respect of any timber collected under section 45, and no Forest-officer shall be responsible for any such loss or damage, unless he causes such loss or damage negligently, maliciously or fraudulently.",
"name": "Government and its officers not liable for damage to such timber",
"related_acts": "",
"section_id": 57
},
{
"act_id": 144,
"details": "50. No person shall be entitled to recover possession of any timber collected or delivered as aforesaid until he has paid to the Forest-officer or other person entitled to receive it such sum on account thereof as may be due under any rule made under section 51.",
"name": "Payments to be made by claimant before timber is delivered to- him",
"related_acts": "",
"section_id": 58
},
{
"act_id": 144,
"details": "51. (1) The Government may make rules to regulate the following matter, namely:- (a)\tthe salving, collection and disposal of all timber mentioned in section 45; (b)\tthe use and registration of boats used in salving and collecting timber; (c)\tthe amounts to be paid for salving, collecting, moving, storing or disposing of such timber; and (d)\tthe use and registration of hammers and other instruments to be used for marking such timber. (2) The Government may prescribe, as penalties for the contravention of any rules made under this section, imprisonment for a term which may extend to 35three years and shall not be less than two months and shall also be laible to fine which may extend to ten thousand Taka and shall not be less than two thousand Taka.",
"name": "Power to make rule and prescribe penalties",
"related_acts": "",
"section_id": 59
},
{
"act_id": 144,
"details": "52. (1) When there is reason to believe that a forest-offence has been committed in respect of any forest-produce, such produce, together with all tools, 36vessels, vehicles or cattle used in committing any such offence, may be seized by any Forest-officer or Police-officer 37or any other officer authorized in this behalf by or under any other law inforce. 38(1a) Every officer other than a Forest-officer seizing any property under this section shall hand over all the seized property mentioned under sub-section (1) along with the accused to the nearest forest-office for further legal proceedings: Provided that police-officers need not hand over the accused to the nearest forest-office but shall inform such forest-office of the arrest. (2) Every officer seizing any property under this section shall place on such property a mark indicating that the same has been so seized, and shall, as soon as may be, make a report of such seizure to the Magistrate having jurisdiction to try the offence on account of which the seizure has been made: Provided that, when the forest-produce with respect to which such offence is believed to have been committed is the property of Government, and the offender is unknown, it shall be sufficient if the officer makes, as soon as may be, a report of the circumstances to his official superior.",
"name": "Seizure of property liable to confiscation",
"related_acts": "",
"section_id": 60
},
{
"act_id": 144,
"details": "53. Any Forest-officer of a rank not inferior to that of a Ranger who, or whose subordinate, has seized any tools, 39vessels, vehicles or cattle under section 52, may release the same on the execution by the owner thereof of a bond for the production of the property so released, if and when so required, before the Magistrate having jurisdiction to try the offence on account of which the seizure has been made.",
"name": "Power to release property seized under section 52",
"related_acts": "",
"section_id": 61
},
{
"act_id": 144,
"details": "54. Upon the receipt of any such report, the Magistrate shall, with all convenient dispatch, take such measures as may be necessary for the arrest and trial of the offender and the disposal of the property according to law.",
"name": "Procedure thereupon",
"related_acts": "",
"section_id": 62
},
{
"act_id": 144,
"details": "55. (1) All timber or forest-produce which is not the property of Government and in respect of which a forest-offence has been committed, and all tools, boats, vehicles and used in committing any forest-offence, shall be liable to confiscation. (2) Such confiscation may be in addition to any other punishment prescribed for such offence.",
"name": "Forest produce, tools, etc. when liable to confiscation",
"related_acts": "",
"section_id": 63
},
{
"act_id": 144,
"details": "56. When the trial of any forest-offence is concluded, any forest-produce in respect of which such offence has been committed shall, if it is the property of Government or has been confiscated, be taken charge of by a Forest-officer, and, in any other case, may be disposed of in such manner as the Court may direct.",
"name": "Disposal on conclusion of trial for forest-offence of produce in respect which it was committed",
"related_acts": "",
"section_id": 64
},
{
"act_id": 144,
"details": "57. When the offender is not known or cannot be found the Magistrate may, if he finds that an offence has been committed, order the property in respect of which the offence has been committed to be confiscated and taken charge of by the Forest-officer, or to be made over to the person whom the Magistrate deems to entitled to the same:- Provided that no such order shall be made until the expiration of one month from the date of seizing such property, or with out hearing the person, if any, claiming any right thereto, and the evidence, if any, which he may produce in support of his claim.",
"name": "Procedure when offender not known, or cannot be found",
"related_acts": "",
"section_id": 65
},
{
"act_id": 144,
"details": "58. The Magistrate may, notwithstanding anything herein before contained, direct the sale of any property seized under section 52 and subject to speedy and natural decay, and may deal with the proceeds as he would have dealt with such property if it had not been sold.",
"name": "Procedure as to perishable property seized under section 52",
"related_acts": "",
"section_id": 66
},
{
"act_id": 144,
"details": "59. The officer who made the seizure under section 52, or any of his official superiors, or any person claiming to be interested in the property so seized, may, within one month from the date of any order passed under section 55, section 56 or section 57, appeal therefrom to the Court to which orders made by such Magistrate are ordinarily appealable, and the order passed on such appeal shall be final.",
"name": "Appeal from orders under section 55, section 56, or section 57",
"related_acts": "",
"section_id": 67
},
{
"act_id": 144,
"details": "60. When an order for the confiscation of any property has been passed under section 55 or section 57, as the case may be, and the period limited by section 59 for an appeal from such order has elapsed, and no such appeal has been preferred, or when, on such an appeal being preferred, the Appellate Court confirms such order in respect of the whole or a portion of such property, such property or such portion thereof, as the case may be, shall vest in the Government free from all incumbrances.",
"name": "Property when to vest in Government",
"related_acts": "",
"section_id": 68
},
{
"act_id": 144,
"details": "61. Nothing herein before contained shall be deemed to prevent any officer empowered in this behalf by the Government from directing at any time the immediate release of any property seized under section 52.",
"name": "Saving of power to release property seized",
"related_acts": "",
"section_id": 69
},
{
"act_id": 144,
"details": "62. Any Forest-officer or Police-officer who vexatiously and unnecessarily seizes any property on pretence of seizing property liable to confiscation under this Act shall be punishable with imprisonment for a term which may extend to 40one year and shall not be less than one month and shall also be liable to fine which may extend to ten thousand Taka and shall not be less than two thousand Taka.",
"name": "Punishment for wrongful seizure",
"related_acts": "",
"section_id": 70
},
{
"act_id": 144,
"details": "63. Whoever, with intent to cause damage or injury to the public or to any person, or to cause wrongful gain as defined in the 41Penal Code - (a)\tknowingly counterfeits upon any timber or standing tree a mark used by Forest-officers to indicate that such timber or tree is the property of the Government or of some person, or that it may lawfully be cut or removed by some person; or (b)\talters, defaces or obliterates or obliterates any such mark placed on a tree or on timber by or under the authority of a Forest-officer; or (c)\talters, moves, destroys or defaces any boundary-mark of any forest or waste-land to which the provisions of this act are applied, shall be punishable with imprisonment for a term which may extend to 42seven years and shall not be less than two years and shall also be liable to fine which may extend to fifty thousand Taka and shall not be less than ten thousand Taka.",
"name": "Penalty for counterfeiting or defacing marks on trees and timber and for altering boundary marks",
"related_acts": "",
"section_id": 71
},
{
"act_id": 144,
"details": "4363A. Notwithstanding anything contained in any other law for the time being in force, a forest-offence punishable under sub-section (1A) of section 26, sub-section (1A) of section 33 and section 63 shall be non-bailable.",
"name": "Some offence to be non-bailable",
"related_acts": "",
"section_id": 72
},
{
"act_id": 144,
"details": "64.(1) Any Forest-officer or Police-officer may, without orders from a Magistrate and without a warrant, arrest any person against whom a reasonable suspicion exists of his having been concerned in any forest-offence punishable with imprisonment for one month or upwards. (2) Every officer making an arrest under this section shall, without unnecessary delay and subject to the provisions of this Act as to release on bond take or send the person arrested before the Magistrate having jurisdiction in the case, or to the officer in charge of the nearest police-station. (3) Nothing in this section shall be deemed to authorize such arrest for any act which is an offence under Chapter IV unless such act has been prohibited under clause(c) of section 30.",
"name": "Power to arrest without warrant",
"related_acts": "",
"section_id": 73
},
{
"act_id": 144,
"details": "65. Any Forest-officer of a rank not inferior to that of a Ranger, who, or whose subordinate, has arrested any person under the provision of section 64, may release such person on his executing a bond to appear, if and when so required, before the Magistrate having jurisdiction in the case, or before the officer-in-charge of the nearest police-station 44: Provided that nothing in this section shall apply in a case where the person arrested is suspected of having committed any non-bailable offence under this Act.",
"name": "Power to release on a bond a person arrested",
"related_acts": "",
"section_id": 74
},
{
"act_id": 144,
"details": "66. Every Forest-officer and Police-officer shall prevent, and may interfere for the purpose of preventing, the commission of any forest-offence.",
"name": "Power to prevent commission of offence",
"related_acts": "",
"section_id": 75
},
{
"act_id": 144,
"details": "67. The District Magistrate or any Magistrate of the first class specially empowered in this behalf by the Government may try summarily, under the Code of Criminal Procedure, 1898, any forest-offence punishable with imprisonment for a term not exceeding 45two years, or fine not exceeding 46ten thousand Taka, or both.",
"name": "Power to try offences summarily",
"related_acts": "75",
"section_id": 76
},
{
"act_id": 144,
"details": "4767A. (1) The Government may, by notification in the official Gazette, appoint one or more Magistrate of the First Class to serve as a Forest magistrate to try offences exclusively under this Act, and also specify the territorial jurisdiction of such Magistrate. (2) Notwithstanding anything contained in any other law in force, such Forest Magistrate shall have authority to impose any penalty specified under this Act.",
"name": "Appointment of forest Magistrate",
"related_acts": "",
"section_id": 77
},
{
"act_id": 144,
"details": "68. (1) The Government may, by notification in the official Gazette, empower a Forest-officer 48not inferior to that of a Ranger - (a)\tto accept from any person against whom a reasonable suspicion exists that he has committed any forest-offence, other than an offence specified in 49section 26 (1A) or section 33 (1A) or section 62 or section 63, a sum of money by way compensation for the offence which such person is suspected to have committed, and (b)\twhen any property has been seized as liable to confiscation, to release the same on payment of the value thereof as estimated by such officer 50and verified by another officer not below to the rank of a Divisional Forest Officer. (2) On the payment of such sum of money, or such value, of both as the case may be, to such officer, the suspected person, if in custody, shall be discharged, the property, if any, seized shall be released, and no further proceedings shall be taken against such person or property. (3) Omitted by section 29 of the Forest (Amendment) Act, 1990 (Act No. VIII of 1990).",
"name": "Power to compound offences",
"related_acts": "",
"section_id": 78
},
{
"act_id": 144,
"details": "69. When in any proceedings taken under this Act, or in consequence of anything done under this Act, a question arises as to whether any forest-produce is the property of the Government, such produce shall be presumed to be the property of the Government until the contrary is proved.",
"name": "Presumption that forest produce belongs to Government",
"related_acts": "",
"section_id": 79
},
{
"act_id": 144,
"details": "5169A. Notwithstanding anything contained in any other law for the time being in force, the Government may empower any Forest-officer not inferior to that of a Deputy Ranger to appear, plead and conduct the prosecution on behalf of the Government before any Court in any case where a forest-offence is under trial.",
"name": "Prosecution of forest-offences",
"related_acts": "",
"section_id": 80
},
{
"act_id": 144,
"details": "70. Cattle trespassing in a reserved forest or in any portion of a protected forest which has been law fully closed to grazing shall be cattle doing damage to a public plantation within the meaning of section 11 of the Cattle-trespass Act, 1871, and may be seized and impounded as such by any Forest-officer of Police-officer.",
"name": "Cattle-tress-pass Act, 1871, to apply",
"related_acts": "22",
"section_id": 81
},
{
"act_id": 144,
"details": "71. The Government, may by notification in the official Gazette, direct that, in lieu of the fines fixed under section 12 of the Cattle-trespass Act, 1871, there shall be levied 52per day or part thereof for each head of cattle impounded under section 70 of this Act such fines as it thinks fit, but not exceeding the following, that is to say:-     For each elephant    .....    53Taka one thousand   For each buffalo or camel. ......   54Taka two hundred   For each horse, mare, gelding, pony, colt, filly, mule, bull, bullock, cow or heifer     ......   55Taka one hundred   For each calf, ass, pig, ram, ewe, sheep lamb, goat or kid .......  56Taka fifty  ",
"name": "Power to alter fines fixed under that Act",
"related_acts": "22",
"section_id": 82
},
{
"act_id": 144,
"details": "72. (1) The Government may invest any Forest-officer with all or any of the following powers, that is to say:- (a)\tpower to enter upon any land and to survey, demarcate and make a map of the same; (b)\tthe powers of a Civil Court to compel the attendance of witnesses and the production of documents and material objects; (c)\tpower to issue a search-warrant under the Code of Criminal Procedure, 1898; and (d)\tpower to hold an inquiry into forest-offences, and, in he course of such inquiry, to receive and record evidence. (2) Any evidence recorded under clause (d) of sub-section (1) shall be admissible in any subsequent trial before a Magistrate, provided that it has been taken in the presence of the accused person.",
"name": "Government may invest Forest-Officers with certain powers",
"related_acts": "75",
"section_id": 83
},
{
"act_id": 144,
"details": "73. All Forest-officers shall be deemed to be public servants within the meaning of the 57Penal Code.",
"name": "Forest-officers deemed public servants",
"related_acts": "",
"section_id": 84
},
{
"act_id": 144,
"details": "74. No suit shall lie against any public servant for anything done by him in good faith under this Act 58and no court may try such a public servant for a crime stemming from actions related to the public servant's official duty under this Act and occurring within the public servant's assigned geographical jurisdiction, unless the court first conducts a preliminary inquiry and verifies that there is credible evidence to support the basic elements of the complaint.",
"name": "Indemnity for acts done in good faith",
"related_acts": "",
"section_id": 85
},
{
"act_id": 144,
"details": "75. Except with the permission in writing of the Government, no Forest-officer shall, as principal or agent, trade in timber or other forest-produce, or be or become interested in any lease of any forest or any forest or in any contract for working any forest, whether in or outside Bangladesh.",
"name": "Forest-officers not to trade",
"related_acts": "",
"section_id": 86
},
{
"act_id": 144,
"details": "76. The Government may make rules- (a)\tto prescribe and limit the powers and duties of any Forest-officer under this Act; (b)\tto regulate the rewards to be paid to officers and informers out of the proceeds of fines and confiscation under this Act; (c)\tfor the preservation, reproduction and disposal of trees and timber belonging to Government, but grown on lands belonging to or in the occupation private of persons; and (d)\tgenerally, to carry out the provisions of this Act .",
"name": "Additional powers to make rules",
"related_acts": "",
"section_id": 87
},
{
"act_id": 144,
"details": "77. Any person contravening any rule under this Act, for the contravention of which no special penalty is provided, shall be punishable with imprisonment for a term which may extend to 59six month, or fine which may extend to 60five thousand Taka, or both.",
"name": "Penalties for breach of rules",
"related_acts": "",
"section_id": 88
},
{
"act_id": 144,
"details": "78. All rules made by the Government under this Act shall be published in the official Gazette, and shall thereupon, so far as they are consistent with this Act, have effect as if enacted therein.",
"name": "Rules when to have force of law",
"related_acts": "",
"section_id": 89
},
{
"act_id": 144,
"details": "79. (1) Every person who exercises any right in a reserved or protected forest, or who is permitted to take any forest-produce from, or to cut and remove timber or to pasture cattle, in, such forest, and every person who is employed by any such person in such forest, and every person in any village contiguous to such forest who is employed by the 61Government, or a local authority, or who receives emoluments from the Government or a local authority for services to be performed to the community, shall be bound to furnish without unnecessary delay to the nearest Forest-officer or Police-officer any information he may possess respecting the commission of, or intention to commit, any forest-offence, and shall forthwith take steps, whether so required by any Forest-officer or police-officer or not, (a)\tto extinguish any forest fire in such forest of which he has knowledge or information; (b)\tto prevent by any lawful means in his power any fire in the vicinity of such forest of which he has knowledge or information from spreading to such forest, and shall assist any Forest-officer or Police-officer demanding his aid (c)\tin preventing the commission in such forest of any forest-offence; and (d)\twhen there is reason to believe that any such offence has been committed in such forest, in discovering and arresting the offender. (2) Any person who, being bound so to do, without lawful excuse (the burden of proving which shall lie upon such person) fails (a)\tto furnish without unnecessary delay to the nearest Forest-officer or Police-officer any information required by sub-section (1); (b)\tto take steps as required by sub-section (1) to extinguish any forest fire in a reserved or protected forest; (c)\tto prevent, as required by sub-section (1), any fire in the vicinity of such forest from spreading to such forest; or (d)\tto assist any Forest-officer or Police-officer demanding his aid in preventing the commission in such forest of any forest-offence, or, when there is reason to believe that any such offence has been committed in such forest, in discovering and arresting the offender; shall be punishable with imprisonment for a term which may extend to 62three months, or with fine which may extend to 63two thousand Taka, or with both.",
"name": "Persons bound to assist Forest-officers and Police-officers",
"related_acts": "",
"section_id": 90
},
{
"act_id": 144,
"details": "80. (1) If the Government and any person be jointly interested in any forest or waste-land, or in the whole or any part of the produce thereof, the Government may either (a)\tundertake the management of such forest, waste-land or produce, accounting to such person for his interest in the same; or (b)\tissue such regulations for the management of the forest, waste-land or produce by the person so jointly interested as it deems necessary for the management thereof and the interests of all parties therein. (2) When the Government undertakes under clause (a) of sub-section (1) the management of any forest, waste-land or produce, it may, by notification in the official Gazette, declare that any of the provisions contained in Chapters II and IV shall apply to such forest, waste-land or produce, and thereupon such provisions shall apply accordingly.",
"name": "Management of forests the joint property of Government and other persons",
"related_acts": "",
"section_id": 91
},
{
"act_id": 144,
"details": "81. If any person be entitled to a share in the produce of any forest which is the property of Government or over which the Government has proprietary rights or to any part of the forest-produce of which the Government is entitled, upon the condition of duly performing any service connected with such forest, such share shall be liable to confiscation in the event of the fact being established to the satisfaction of the Government that such service is no longer so performed: Provided that no such share shall be confiscated until the person entitled thereto, and the evidence, if any, which he may produce in proof of the due performance of such service, have been heard by an officer duly appointed in that behalf by the Government.",
"name": "Failure to perform service for which a share in produce of Government forest is enjoyed",
"related_acts": "",
"section_id": 92
},
{
"act_id": 144,
"details": "82. All money payable to the Government under this Act, or under any rule made under this Act, or on account of the price of any forest-produce, or of expenses incurred in the execution of this Act in respect of such produce, may, if not paid when due, be recovered under the law for the time being in force as if it were an arrear of land-revenue.",
"name": "Recovery of money due to Government",
"related_acts": "",
"section_id": 93
},
{
"act_id": 144,
"details": "83.(1) When any such money is payable for or in respect of any forest-produce, the amount thereof shall be deemed to be a first charge on such produce and such produce may be taken possession of by a Forest-officer until such amount has been paid. (2) If such amount is not paid when due, the Forest-officer may sell such produce by public auction, and the proceeds of the sale shall be applied first in discharging such amount. (3) The surplus, if any, if not claimed within two months from the date of the sale by the person entitled thereto, shall be forfeited to Government.",
"name": "Lien on forest-produce for such money",
"related_acts": "",
"section_id": 94
},
{
"act_id": 144,
"details": "84. Whenever it appears to the Government that any land is required for any of the purposes of this Act, such land shall be deemed to be needed for a public purpose within the meaning of 64section 5(2) of the Acquisition and Requisition of Immovable Property Ordinance, 1982 (II of 1982).",
"name": "Land required under this Act to be deemed to be needed for a public purpose under the Acquisition and Requisition of Immovable Property Ordinance, 1982",
"related_acts": "619",
"section_id": 95
},
{
"act_id": 144,
"details": "85. When any person, in accordance with any provision of this Act, or in compliance with any rule made thereunder, binds himself by any bond or instrument to perform any duty or act, or covenants by any bond or instrument that he, or that he and his servants and agents will abstain from any act, the whole sum mentioned in such bond or instrument as the amount to be paid in case of a breach of the conditions thereof may, notwith-standing anything in section 74 of the Contract Act, 1872, be recovered from him in case of such breach as if it were an arrear of land revenue.",
"name": "Recovery of penalties due under bond",
"related_acts": "26",
"section_id": 96
},
{
"act_id": 144,
"details": "85A. Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 97
},
{
"act_id": 144,
"details": "86. Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 98
}
],
"text": "1♣An Act to consolidate the law relating to forests, the transit of forest-produce and the duty leviable on timber and other forest-produce. WHEREAS it is expedient to consolidate the law relating to forests, the transit of forest-produce and the duty leviable on timber and other forest-produce; It is hereby enacted as follows:-"
} |
{
"id": 145,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the words \"Bangladesh\", \"Government\" and \"Collector of Customs\" were substituted, for the words \"Pakistan\", \"Central Government\" and \"Custom-Collector\" respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The words, comma and figure \"Customs Act, 1969\" were substituted, for the words, comma and figure \"Sea Customs Act, 1878\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The words \"a Provincial Government\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"4 The words \"five Taka\" were substituted, for the words \"twelve poisha\" by section 2 of the Lighthouse (Amendment) Ordinance, 1982 (Ordinance No. XIII of 1982)",
"5 The word \"Taka\" was substituted, for the word \"rupees\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Lighthouse Act, 1927",
"num_of_sections": 22,
"published_date": "21st September, 1927",
"related_act": [
89,
145,
354,
430
],
"repelled": true,
"sections": [
{
"act_id": 145,
"details": "1. (1) This Act may be called the Lighthouse Act, 1927. (2) It extends to the whole of Bangladesh. (3) It shall come into force on such date as the Government may, by notification in the official Gazette, appoint.",
"name": "Short title, extend and commencement",
"related_acts": "145",
"section_id": 1
},
{
"act_id": 145,
"details": "2. In this Act, unless there is anything repugnant in the subject or context,- (a) \tCollector of Customs means an officer of customs exercising the powers of a Collector of Customs under the 2Customs Act, 1969, and includes any person appointed by the Government to discharge the functions of a Collector of Customs under this Act; (b) \t\"district\" means an area defined as a district for the purposes of this Act under section 3; (c) \t\"general lighthouse\" means any lighthouse which the Government may, by notification in the official Gazette, declare to be a general lighthouse for the purposes of this Act; (d) \t\"lighthouse\" includes any light-vessel, fog-signal, buoy, beacon, or any mark, sign or apparatus exhibited or used for the guidance of ships; (e) \t\"local lighthouse\" means any lighthouse which is not a general lighthouse; (f) \t\"local lighthouse authority\" means 3* * *, local authority or other person having the superintendence and management of a local lighthouse; (g) \t\"owner\" includes any part-owner, chatterer, or mortgagee in possession and any agent to whom a ship is consigned; (h) \t\"port\" means any port, as defined in the Ports Act, 1908, to which that Act extends; and (i) \twords and expressions used in this Act and not otherwise defined have the same meanings respectively as in the Merchant Shipping Act, 1923.",
"name": "Definitions",
"related_acts": "354,89",
"section_id": 2
},
{
"act_id": 145,
"details": "3. The Government may, by notification in the official Gazette,- (a) \tdefine areas to be districts for the purposes of this Act; (b) \tappoint a person to be the Superintendent of Lighthouse in each district; (c) \tappoint a person to be the Chief Inspector of Lighthouse in Bangladesh; and (d)\tappoint persons to be Inspector of Lighthouses.",
"name": "Appointment of officers",
"related_acts": "",
"section_id": 3
},
{
"act_id": 145,
"details": "4. (1) The Government shall appoint a Central Advisory Committee and shall consult it in regard to- (a) \tthe erection or position of lighthouses or of any works appertaining thereto; (b) \tadditions to, or the alteration or removal of, lighthouses; (c) \tthe variation of the character of any lighthouse or of the mode of use thereof; (d) \tthe cost of any proposals relating to lighthouses; or (e) \tthe making or alteration of any rules or rates of dues under this Act. (2) The Government may, if it thinks fit, appoint an Advisory Committee for any district for the purposes of advising in regard to any of the matters specified in sub-section (1) in so far as the interests of the district are affected thereby. (3) Advisory Committees shall consist of persons representing interests affected by this Act or having special knowledge of the subject-matter thereof.",
"name": "Advisory Committees",
"related_acts": "",
"section_id": 4
},
{
"act_id": 145,
"details": "5. (1) The superintendence and management of all general lighthouses are vested in the Government. (2) The Government may require any local lighthouse authority to undertake the superintendence and management of any general lighthouse situated in or adjacent to the local limits within which the authority exercises its powers, and shall pay to the authority such sums to defray the cost of superintendence and management as the Government may determine.",
"name": "Management of general lighthouses by the Government and delegation of management",
"related_acts": "",
"section_id": 5
},
{
"act_id": 145,
"details": "6.(1) The Chief Inspector of Lighthouses may, at any time, and any Superintendent or Inspector of Lighthouses may, if authorized in this behalf by a general or special order in writing of the Government, enter upon and inspect any local lighthouse and make such inquiries in respect thereof or of the management thereof as he thinks fit. (2) Every person having the charge of, or concerned in the management of, any lighthouse shall be bound to furnish to any officer authorized by or under sub-section (1) to inspect the lighthouse all such information regarding the same as the officer may require. (3) Every local lighthouse authority shall furnish to the Government all such returns and other information in respect of the lighthouses under its supervision and management, or of any of them, as the Government may require.",
"name": "Power to inspect local lighthouses.",
"related_acts": "",
"section_id": 6
},
{
"act_id": 145,
"details": "7. (1) If, after an inspection under section 6 or such other inquiry as it thinks fit, the Government is satisfied that a direction under this sub-section is necessary or expedient for the safety, or otherwise in the interests, of shipping, it may direct any local lighthouse authority- (a)\tto remove or discontinue or to refrain from moving or discontinuing any lighthouse under its superintend-dence and management or to make or refrain from making any variation in the character or mode of use of any such lighthouse, or (b)\tto erect, or maintain, or to refrain from erecting, placing or maintaining, any lighthouse within the local limits within the local lighthouse authority exercises its powers. (2) A local lighthouse authority shall not erect, place, remove or discontinue any lighthouse or vary the character or mode of use of any lighthouse, unless it has given to the Government at least one month's notice in writing of its intention so to do: Provided that, in cases of emergency, a local lighthouse authority may take such action as it deems necessary and shall give immediate notice of the same to the Government and, so far as is possible, to all shipping approaching or in the vicinity of the lighthouse. (3) If a local lighthouse authority- (a) \tfails to comply with any direction made under sub-section (1), or (b) \tfails to exercise or perform, or exercise or perform in an improper, inefficient or unsuitable manner, any power or duty relating to the superintendence or management of lighthouses conferred or imposed upon it by or under any law for the time being in force, or (c) \tfails to make adequate financial provision for the performance of any such duty, the Government may, by order in writing require the local lighthouse authority to comply with the direction, or to make arrangement to the satisfaction of the Government for the proper exercise of the power or performance of the duty, or to make financial provision to the satisfaction of the Government for the performance of the duty, as the case may be, within such period as the Government may specify. (4) If the local lighthouse authority fails to comply with an order made under sub-section (3) within the specified period or within such further time as the Government may allow the Government may exercise the power or perform the duty or make the requisite financial provision, as the case may be, and the local lighthouse authority shall be liable to repay to the Government any expenditure incurred by it in so doing.",
"name": "Control of local lighthouses by the Government",
"related_acts": "",
"section_id": 7
},
{
"act_id": 145,
"details": "8. The Government may, at the request of a local lighthouse authority, undertake the superintendence and management of any local lighthouse on its behalf, and the local lighthouse authority shall pay to the Government such sums to defray the cost of superintendence and management as may be agreed.",
"name": "Management of local lighthouses by the Government",
"related_acts": "",
"section_id": 8
},
{
"act_id": 145,
"details": "9. For the purpose of providing or maintaining or of providing and maintaining lighthouse for the benefit of ships voyaging to or from Bangladesh or between ports in Bangladesh, the Government shall, subject to the provisions of this Act, cause light-dues to be levied and collected in respect of every ship arriving at or departing from any port in Bangladesh.",
"name": "Levy and collection of light-dues",
"related_acts": "",
"section_id": 9
},
{
"act_id": 145,
"details": "10. (1) The Government may by notification in the official Gazette, prescribe rates, not exceeding 4five Taka per ton, at which light-dues shall be payable, and may prescribe different rates for different classes of ships, or for ships of the same class when in use for different purposes or in different circumstances. (2) Light-dues payable in respect of a ship shall be paid by the owner or master of the ship on its arrival at, and on its departure from, any port in Bangladesh: Provided that, if Light-dues have been paid in accordance with the provisions of this Act in respect of any ship, no further due shall become payable in respect of that ship for a period of thirty days from the date on which the dues so paid became payable. (3) An order under sub-section (1) imposing, abolishing or varying light-dues shall not take effect till the expiration of thirty days from the day on which the order was notified in the official Gazette.",
"name": "Rates of light-dues leviable",
"related_acts": "",
"section_id": 10
},
{
"act_id": 145,
"details": "11. Light-dues shall be paid to the Collector of Customs who shall grant to the person paying the same a receipt in writing specifying- (a)\tthe port at which the dues have been paid; (b) \tthe amount of the payment; (c) \tthe date on which the dues became payable; and (d) \tthe name, tonnage and other proper description of the ship in respect of which the payment is made .",
"name": "Receipts for light-dues",
"related_acts": "",
"section_id": 11
},
{
"act_id": 145,
"details": "12. (1) For the purpose of the levy of light-dues, a ship's tonnage shall be reckoned as under the Merchant Shipping Acts for dues payable on a ship's tonnage, with the addition require under section 85 of the Merchant Shipping Act, 1894, with respect to deck cargo. (2) In order to ascertain the tonnage of any ship for the purpose of levying light-dues, the Collector of Customs may (a) \tif the ship is registered under any law for the time being in force in Bangladesh or under the law of any foreign country in respect of which an order in Council has been made under section 84 of the Merchant Shipping Act, 1894, that ships of that country shall be deemed to be of the tonnage denoted in their certificates of registry or other national papers (any such ship being hereafter in this section referred to as a registered ship), require the owner or master or other person having possession of the ship's register or other papers denoting her tonnage to produce the same for inspection an, if such owner, master or other persons refuses or neglects to produce the register or papers, as the case may be, or otherwise to satisfy the Collector of Customs as to the tonnage of the ship, cause the ship to be measured and the tonnage to be ascertained; or (b) \tIf the ship is not a registered ship and the owner or master fails to satisfy the Collector of Customs as to the true tonnage thereof according to the mode of measurement prescribed by the law for the time being in force for regulating the measurement of registered ships, cause the ship to be measured and the tonnage thereof to be ascertained according to such mode. (3) If any person refuses or neglects to product any register or other papers or otherwise to satisfy the Collector of Customs as to the true tonnage of any ship when required to do so under this section, such person shall be liable to pay the expenses of the measurement of the ship and of the ascertainment of the tonnage, and, if the ship is a registered ship, shall further, on conviction by a Magistrate of the first class having jurisdiction in the port where the ship lies or in any port to which she may proceed, be punishable with fine which may extend to one thousand 5Taka.",
"name": "Ascertainment of tonnage",
"related_acts": "",
"section_id": 12
},
{
"act_id": 145,
"details": "13. (1) If the owner or master of any ship refuses or neglects to pay to the Collector of Customs on demand the amount of any light-dues or expenses payable under this Act in respect of the ship, the Collector of Customs may seize the ship and the tackle, apparel and furniture belonging thereto, or any part thereof, and detain the same until the amount of the dues or expenses together with the costs of the seizure and detention, is paid.(2) If any part of such dues, expenses or costs remains unpaid after the expiry of five days following the date of the seizure, the Collector of Customs may cause the ship or other thing seized to be sold, and with the proceeds of the same may satisfy the dues, expenses or costs remaining unpaid, together with the costs of the sale, and shall repay the surplus, if any, to the person by whom the same were payable.",
"name": "Recovery of light-dues, expenses and costs",
"related_acts": "",
"section_id": 13
},
{
"act_id": 145,
"details": "14. The officer whose duty it is to grant a port-clearance for any ship shall not grant the port-clearance until the amount of all light-dues, expenses and costs payable in respect of the ship under this Act and of any fines imposed thereunder has been paid, or until security for the payment thereof has been given to his satisfaction.",
"name": "Refusal of port clearance",
"related_acts": "",
"section_id": 14
},
{
"act_id": 145,
"details": "15. If any disputes arises as to whether light-dues, expenses or costs are payable in respect of any ship under this Act, or as to the amount of such dues, expenses or costs, the dispute shall, on application made in this behalf by either of the disputing parties, be heard and determined by a Magistrate of the first class having jurisdiction at the place where the dispute arises, and the decision of such Magistrate shall be final.",
"name": "Determination of disputes as to liability for payment",
"related_acts": "",
"section_id": 15
},
{
"act_id": 145,
"details": "16. (1) If the master of any ship in respect of which any light-dues are payable at any port causes the ship to leave such port without having paid the same, the Collector of customs at that port may be writing require the Collector of customs at any other port in Bangladesh to which the ship may proceed or in which she may be to recover the dues remaining unpaid. (2) Any Collector of Customs to whom such a requisition is directed shall proceed to levy such sum as if it were payable under this Act at the port at which he is the Collector of customs, and a certificate by the Collector of customs at the port at which the light-dues first became payable, stating the amount payable, shall be sufficient proof in any proceeding under section 13 or section 15 that such amount is payable.",
"name": "Light-dues payable at one port recoverable at another",
"related_acts": "",
"section_id": 16
},
{
"act_id": 145,
"details": "17. (1) If the owner or master of a ship evades or attempts to evade the payment of any light-dues, expenses or costs payable in respect of the ship under this Act, he shall, on conviction by a Magistrate of the first class having jurisdiction in any port to which the vessel may proceed or in which she may be found, be punishable with fine which may extend to five times the amount of the sum payable. (2) In any proceeding before a Magistrate in a prosecution under sub-section (1), any such certificate as is mentioned in sub-section (2) of section 16, stating that the owner or master has evaded such payment, shall be sufficient proof of the evasion, unless the owner or master shows to the satisfaction of the Magistrate that the departure of the vessel without payment of the sum was caused by stress of weather, or that there was lawful or reasonable grounds for such departure.",
"name": "Penalty for evading payment of lighst-due",
"related_acts": "",
"section_id": 17
},
{
"act_id": 145,
"details": "18. The following ships shall be exempted from the payment of light-dues under this Act, namely:- (a) \tany ship belonging to Government or to a foreign Prince or State and not carrying cargo or passengers for freight of fares; and (b) \tany ship of a tonnage of less than fifty tons; and the Government may, by notification in the official Gazette, exempt any other ships, or classes of ships, or ships performing specified voyages from such payment, either wholly or to such extent only as may be specified in the notification.",
"name": "Exemption from payment of light-dues",
"related_acts": "",
"section_id": 18
},
{
"act_id": 145,
"details": "19. Where the light-dues have been paid in respect of any ship in excess of the amount payable under this Act, no claim to refund of such excess payment shall be admissible, unless it is made within six months from the date of each payment.",
"name": "Refund of excess payments",
"related_acts": "",
"section_id": 19
},
{
"act_id": 145,
"details": "20. (1) The Government shall cause to be maintained a separate account of all amounts received by way of light-dues, expenses, costs and fines under this Act and of all expenditure incurred for the purposes of this Act, and shall cause such account to be laid before the Central Advisory Committee as soon as possible after the close of each financial year.(2) The Government shall cause to be laid before the Central Advisory Committee before the close of each financial year a statement of the estimated receipts under, and an expenditure for the purposes of, this Act during the forthcoming year.",
"name": "Accounts, etc.",
"related_acts": "",
"section_id": 20
},
{
"act_id": 145,
"details": "21. (1) The Government may take rules consistent with this Act to carry into effect the purposes thereof. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:- (a) \tthe powers and duties of the Chief Inspector of Lighthouses and of Superintendents and Inspectors of Lighthouses; (b) \tthe procedure and conduct of business of Advisory Committees constituted under this Act; (c) \tthe rate of traveling and subsistence allowance payable to members of Advisory Committees; and (d) \tthe period in respect of which and the form in which the separate account referred to in sub-section (1) of section 20 shall be kept and the forms in which that account and the statement referred to in sub-section (2) of that section shall respectively be presented to the Central Advisory Committee.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 21
},
{
"act_id": 145,
"details": "22. Repealed by section 2 and Schedule of the Repealing Act, 1938 (Act No. I of 1938).",
"name": "Repealed",
"related_acts": "",
"section_id": 22
}
],
"text": "1♣An Act to consolidate and amend the law relating to the provision, maintenance and control of lighthouses by the Government in Bangladesh. WHEREAS it is expedient to consolidate and amend the law relating to the provision, maintenance and control of lighthouses by the Government in Bangladesh; It is hereby enacted as follows:"
} |
{
"id": 146,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the words \"Bangladesh\" and \"Government\" were substituted, for the words \"East Pakistan\" and \"Provincial Government\" respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The word \"Bengal\" was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The word \"Bengal\" was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"4 The words \"High Court Division\" were substituted, for the words \"High Court\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"5 The words \"High Court Division\" were substituted, for the words \"High Court\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Borstal Schools Act, 1928",
"num_of_sections": 16,
"published_date": "16th February, 1928",
"related_act": [
69,
75,
430,
80,
146
],
"repelled": false,
"sections": [
{
"act_id": 146,
"details": "1. (1) This Act may be called the 2* * * Borstal Schools Act, 1928 (2) It extends to the whole of Bangladesh.",
"name": "Short title and extent",
"related_acts": "146",
"section_id": 1
},
{
"act_id": 146,
"details": "2. In this Act, unless there is anything repugnant in the subject or context (1) \t\"adolescent offender\" means any person who has been convicted of any offence punishable with imprisonment or who having been ordered to give security under section 106 or section 118 of the Code of Criminal Procedure, 1898, has failed to do so or who, having been dealt with under the provision of section 562 of the Code of Criminal Procedure, 1898, has failed to enter into a bond or find securities or who, when the bond has been cancelled under section 126A of that Code, has failed to give fresh security and who at the time of such conviction or failure to give security (i)\tin any area where the 3* * * Children Act, 1922, is in force, is not less than sixteen nor more than twenty-one years of age, or (ii) \tin any other area is not less than fifteen nor more than twenty-one years of age; (2) \t\"Borstal school\" means a school established by the Government under section 3; (3) \t\"Inspector-General\" means the Inspector-General of Prisons and includes any officer appointed by the Government to perform all or any of the duties imposed, or to exercise all or any of the powers, conferred by this Act, on the Inspector-General; and (4) \t\"prescribed\" means prescribed by rules made under this Act.",
"name": "Definition",
"related_acts": "75,75",
"section_id": 2
},
{
"act_id": 146,
"details": "3. (1) The Government may establish Borstal schools at such places as it may think fit wherein adolescent offenders may be detained and given such industrial training and other instruction and be subjected to such disciplinary measures and moral influences as in the opinion of the Government will conduce to their reformation and the prevention of crime. (2) For every Borstal school, a Visiting Committee shall be appointed in such manner as may be prescribed and the names of the members of the Visiting Committee or, when a member is appointed ex-officio, the office by virtue of which he has been appointed shall be published in the official Gazette.",
"name": "Establishments of Borstal School",
"related_acts": "",
"section_id": 3
},
{
"act_id": 146,
"details": "4. Subject to the provisions of this Act, the provisions of the Prisons Act, 1894, and the Prisoners Act, 1900, shall apply to a Borstal school established under this Act as if it were a prison and an inmate thereof a prisoner.",
"name": "Application for the Prisons Act, 1894, and the Prisoners Act, 1900",
"related_acts": "69,80",
"section_id": 4
},
{
"act_id": 146,
"details": "5. (1) If it appears to the 4High Court Division, a Court of Session or the Court of a District Magistrate, a Sub-divisional Magistrate or any Magistrate of the first class specially empowered by the Government in this behalf in any case that comes before such Court originally, on appeal or in revision that an Adolescent offender convicted by such Court or any Court subordinate to it or failing to obey an order made by such Court or any Court subordinate to it to give security under section 106 or section 118 or to enter into a bond or find security under section 562 or section 126A of the Code of Criminal Procedure, 1898, should be detained in a Borstal school, the Court may, in lieu of passing a sentence of imprisonment, make an order for the detention of the adolescent offender in a Borstal school for a term which shall not be less than two and shall not exceed three years. (2) \tBefore making an order under sub-section (1) the Court shall- (a) \tinquire into the age of the offender and, after taking such evidence (if any) as may be deemed necessary, shall record a finding thereon stating his approximate age; (b) \tAfter considering any report or representation which may be made to it as to the desirability of the detention of the adolescent offender in a Borstal school, satisfy itself that the character, state of health and mental condition of the offender and the other circumstances of the case are such that the offender is likely to profit by such detention.",
"name": "Power of Court to make order for detention in Borstal schools",
"related_acts": "75",
"section_id": 5
},
{
"act_id": 146,
"details": "6. (1) If any Court not empowered to pass an order or detention in a Borstal school under sub-section (1) of section 5 is of opinion that an adolescent offender who has been convicted by such Court or having been ordered by such Court to give security has failed to do so is a proper person to be detained in a Borstal school, the Court may, in lieu of passing sentence, record such opinion and submit the record of the case and forward the adolescent offender to or take bail for his appearance before the District Magistrate or Subdivisional Magistrate to whom he is subordinate. (2) Before forwarding an adolescent offender or taking bail for his appearance in accordance with the provisions of sub-section (1) the Court shall make the inquiry and record the finding prescribed in clause (a) of sub-section (2)of section 5 in respect of adolescent offender. (3) A District or a Subdivisional Magistrate to whom an adolescent offender is forwarded or before whom an adolescent offender appears in accordance with the provisions of sub-section (1) may make such further inquiry (if any) as he may think fit and may, subject to the conditions contained in clause (b) of sub-section (2) of section 5, make an order for the detention of the adolescent offender in a Borstal school for a term which shall not be less than two and shall not exceed three years, or may return the record of the case to the Court which tried it for passing such sentence as that Court may think fit.",
"name": "Procedure where the Court is not empowered to pass an order of detention in a Borstal school",
"related_acts": "",
"section_id": 6
},
{
"act_id": 146,
"details": "7. (1) Any adolescent offender in respect of whom an order of detention in a Borstal school is made under section 5 or section 6 by a Court in any case that comes before it originally may appeal- (a) \tif the order is made by a Court of Session to the 5High Court Division; (b) \tif the order is made by the Court of any magistrate to the Court of Session; within two months from the date of such order. (2) The procedure prescribed for appeals in Chapter XXXI of the Code of Criminal Procedure, 1898, shall apply as far as possible to appeals under this section. (3) The Appellate Court may dismiss the appeal or may (a) \treverse the order make any other order or pas any sentence which might have been lawfully made or passed in respect of the adolescent offender by the Court which passed the order of detention; or (b) \talter the term of detention subject to the limits prescribed in sub-section (1) of sections 5.",
"name": "Appeal",
"related_acts": "75",
"section_id": 7
},
{
"act_id": 146,
"details": "8. (1) Every adolescent offender directed by a Court to be sent to a Borstal school shall be forthwith sent to the place of intermediate custody prescribed in this behalf in respect of such Court. (2) a copy of the order of the Court directing the adolescent offender to be detained in a Borstal school shall forthwith be sent by the Court to the Inspector-General, who shall take immediate steps for the removal of the adolescent offender from the place of intermediate custody to a Borstal school as soon as may be practicable. (3) The period during which the adolescent offender is kept in the prescribed place of intermediate custody shall, for the purposes of computing his total period of detention in a Borstal school, be deemed to be part of that detention.",
"name": "Procedure after making order under section 5",
"related_acts": "",
"section_id": 8
},
{
"act_id": 146,
"details": "9. Any person detained in a Borstal school for failure to furnish security when ordered to do so under section 106, section 118, section 562, or section 126A of the Code of Criminal Procedure, 1898, shall be released on furnishing such security or on the passing of an order under section 124 of the code.",
"name": "Limitation on powers conferred by section 5",
"related_acts": "75",
"section_id": 9
},
{
"act_id": 146,
"details": "10. If the Inspector-General is satisfied that any adolescent offender sentenced to undergo imprisonment in a jail or detention in a reformatory school is a proper person to be detained in a Borstal school, he may, subject to the prescribed conditions, direct that the adolescent offender shall be transferred to a Borstal school and there be detained for the whole or any part of the unexpired residue of his sentence. The provisions of this Act shall thereupon apply to such person as if he had been originally sentenced to detention in a Borstal school.",
"name": "Powers of Inspector-General to transfer adolescent prisoners to Borstal school",
"related_acts": "",
"section_id": 10
},
{
"act_id": 146,
"details": "11. The Inspector-General may at any time order an adolescent offender to be removed from one Borstal school to another such school: Provided that the total period for which the adolescent offender was ordered to be detained in a Borstal school shall not be increased by such removal.",
"name": "Removal from one school to another",
"related_acts": "",
"section_id": 11
},
{
"act_id": 146,
"details": "12. (1) Subject to the prescribed conditions, the Inspector-General may, on the recommendation of the Visiting Committee, at any time after the expiration of six month from the commencement of the detention of an adolescent offender in a Borstal school, if he is satisfied that there is a reasonable probability that the adolescent offender will abstain from crime and lead a useful and industrious life, discharge him from the Borstal school and grant him a written license in the prescribed form and on the prescribed conditions permitting him to live under the supervision and authority of such- (a) \tOfficer of Government, (b) \tsecular institution, (c) \treligious society, or (d) \tresponsible person, as may be approved by the Inspector-General and willing to take charge of the adolescent offender: Provided that if in any case the Inspector-General does not accept the recommendation of the Visiting Committee under this sub-section, he shall report to the Government his reasons for not accepting the recommendation: Provided also that no adolescent offender shall be permitted by license to leave under the supervision and authority of a religious society professing a religion other than the religion of the adolescent offender except with his consent or that of his guardian, if any. (2) A license under this section shall be in force until the expiry of the term for which the adolescent offender was ordered to be detained in a Borstal School, unless sooner revoked or forfeited. (3) The period during which an adolescent offender is absent from a Borstal school during the continuance of a license granted to him under this section shall, for the purposes of computing his term of detention in such school, be deemed to be part of that detention.",
"name": "Power to release on license",
"related_acts": "",
"section_id": 12
},
{
"act_id": 146,
"details": "13. (1) Subject to the prescribed condition, the Inspector-Government may at any time, with the approval of the Government and shall, at the request of the institution, society or person under whose supervision and authority the adolescent offender has by license been permitted to live, revoke a license granted under section 12, and upon such revocation the adolescent offender shall be detained in a Borstal school until the expiry of the term for which he was ordered to be detained in such school. (2) If an adolescent offender removed himself from the supervision of the institution, society or person under which he was by license permitted to live, his license shall be deemed to have been revoked from the date on which he has so removed himself.",
"name": "Revocation of license",
"related_acts": "",
"section_id": 13
},
{
"act_id": 146,
"details": "14. Any police-officer, not below the rank or a Sub-Inspector of Police may, without orders from a Magistrate and without warrant, arrest an adolescent offender who has escaped from a Borstal school or removed himself from the supervision of the institution, society or person under which he was permitted to live by license under section 12, and shall send him, if so arrested, in custody to the Borstal school in which he was last detained.",
"name": "Powers of arrest of police",
"related_acts": "",
"section_id": 14
},
{
"act_id": 146,
"details": "15. Notwithstanding any thing elsewhere contained in this Act, if an adolescent offender detained in a Borstal school- (a)\tis reported to the Government by the Visiting Committee of such school to be incorrigible or to be exercising a bed influence on the other inmates of the school, or (b)\tescapes from the Borstal school or removes himself from the supervision of the institution, society or person under which he was permitted to live by license under section 12, the Government may, alter the unexpired residue of the term of detention to such term of imprisonment of either description as the Government may determine: Provided that the period of imprisonment shall not exceed- (a)\tsuch unexpired residue, or (b)\tthe maximum period of imprisonment provided by law for the offence or the failure to give security, as the case may be, in consequence of which the adolescent offender was ordered to be detained in a Borstal school, whichever is less: Provided further that no such adolescent offender shall be ordered by the Government to be punished with rigorous imprisonment unless such imprisonment was provided by law for the original offence or the failure to give security, as the case may be, in consequence of which he was ordered to be detained in a Borstal school,",
"name": "Transfer of incorrigibles, etc., to prisons",
"related_acts": "",
"section_id": 15
},
{
"act_id": 146,
"details": "16. (1) The Government may make rules for carrying out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, the Government may make rules to provide for all or any or the following matters, namely: (a)\tthe control and management of Borstal schools; (b)\tthe appointment, powers and duties of officials in such schools; (c)\tthe constitution, powers and duties of Visiting Committees; (d)\tthe classification, treatment, maintenance, education, industrial training and control of the inmates of Borstal schools; (e)\tthe regulation of the powers of the Inspector-General under sections 10, 12 and 13; (f)\tthe prescribing of places of intermediate custody in respect of Courts to which such Courts may order adolescent offenders to be sent; and (g)\tthe form and conditions of licences granted under section 12. (3) All rules made under this section shall be published in the official Gazette and, on such publication, shall have the same effect as if enacted in this Act.",
"name": "Rules",
"related_acts": "",
"section_id": 16
}
],
"text": "1♣An Act to make provision for the establishment and regulation of Borstal schools for the detention and training of adolescent offenders. WHEREAS it is expedient to make provision for the establishment and regulation of Borstal schools for the detention and training of adolescent offenders; * * * It is hereby enacted as follows:-"
} |
{
"id": 147,
"lower_text": [
"1 The word \"Bangladesh\" was substituted, for the word \"Pakistan\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Hindu Inheritance (Removal of Disabilities) Act, 1928",
"num_of_sections": 3,
"published_date": "20th September, 1928",
"related_act": [
147,
430
],
"repelled": false,
"sections": [
{
"act_id": 147,
"details": "1. (1) This Act may be called the Hindu Inheritance (Removal of Disabilities) Act, 1928. (2) It extends to the whole of 1Bangladesh. (3) It shall not apply to any person governed by the Dayabhaga School of Hindu Law.",
"name": "Short title, extent and application",
"related_acts": "147",
"section_id": 1
},
{
"act_id": 147,
"details": "2. Notwithstanding any rule of Hindu Law or custom to the contrary, no person governed by the Hindu Law, other than a person who is and has been from birth a lunatic or idiot, shall be excluded from inheritance or from any right or share in joint-family property by reason only of any disease, deformity, or physical or mental defect.",
"name": "Persons not to be excluded from inheritance or rights in joint-family property",
"related_acts": "",
"section_id": 2
},
{
"act_id": 147,
"details": "3. Nothing contained in this Act shall affect any right which has accrued or any liability which has been incurred before the commencement thereof, or shall be deemed to confer upon any person any right in respect of any religious office or service or of the management of any religious or charitable trust which he would not have had if this Act had not been passed.",
"name": "Saving and exception",
"related_acts": "",
"section_id": 3
}
],
"text": "An Act amend the Hindu Law relating to exclusion from inheritance of certain classes of heirs, and to remove to certain doubts. WHEREAS it is expedient to amend the Hindu Law relating to exclusion from inheritance of certain classes of heirs, and to remove certain doubts; it is hereby enacted as follows:"
} |
{
"id": 148,
"lower_text": [],
"name": "The Hindu Law of Inheritance (Amendment) Act, 1929",
"num_of_sections": 3,
"published_date": "21st February, 1929",
"related_act": [
148
],
"repelled": false,
"sections": [
{
"act_id": 148,
"details": "1. (1) This Act may be called the Hindu Law of Inheritance (Amendment) Act, 1929. (2) It extends to the whole of Bangladesh, but it applies only to persons who, but for the passing of this Act, would have been subject to the law of Mitakshara in respect of the provision herein enacted, and it applies to such persons in respect only of the property of males not held in coparcenary and not disposed of by will.",
"name": "Short title extent and application",
"related_acts": "148",
"section_id": 1
},
{
"act_id": 148,
"details": "2. A son's daughter, daughter's daughter, sister, and sister's son shall, in the order so specified, be entitled to rank in the order of succession next after a father's father and before a father's brother: Provided that a sister's son shall not include a son adopted after the sister's death.",
"name": "Order of succession of certain heirs",
"related_acts": "",
"section_id": 2
},
{
"act_id": 148,
"details": "3. Nothing in this Act shall- (a) \taffect any special family or local custom having the force of law, or (b) \tvest in a son's daughter, daughter's daughter or sister an estate larger than, or different in kind from, that possessed by a female in property inherited by her from a male according to the school of Mitakshara law by which the male was governed, or (c) \tenable more than one person to succeed by inheritance to the estate of a deceased Hindu male which by a customary or other rule of succession descends to a single heir.",
"name": "Savings",
"related_acts": "",
"section_id": 3
}
],
"text": "An Act to alter the order in which certain heirs of a Hindu male dying intestate are entitled to succeed to his estate. WHEREAS it is expedient to alter the order in which certain heirs of a Hindu male dying interstate are entitled to succeed to his estate; It is hereby enacted as follows:-"
} |
{
"id": 149,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the words \"Bangladesh\" and \"Taka\" were substituted, for the words \"Pakistan\" and \"rupees\" respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 Clause (a) was substituted, for clause (a) by section 2 of the Child Marriage Restraint (Amendment) Ordinance, 1984 (Ordinance No. XXXVIII of 1984)",
"3 Clause (d) was substituted, for clause (d) by section 2 of the Child Marriage Restraint (Amendment) Ordinance, 1984 (Ordinance No. XXXVIII of 1984)",
"4 Section 4 was substituted, for section 4 by section 4 of the Child Marriage Restraint (Amendment) Ordinance, 1984 (Ordinance No. XXXVIII of 1984)",
"5 The words \"Penal Code\" were substituted, for the words \"Pakistan Penal Code\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Child Marriage Restraint Act, 1929",
"num_of_sections": 12,
"published_date": "1st October, 1929",
"related_act": [
75,
149,
430
],
"repelled": true,
"sections": [
{
"act_id": 149,
"details": "1.\t(1) This Act may be called the Child Marriage Restraint Act, 1929. (2) It extends to the whole of Bangladesh and applies to all citizens of Bangladesh wherever they may be. (3) It shall come into force on the 1st day of April, 1930",
"name": "Short title, extent and commencement",
"related_acts": "149",
"section_id": 1
},
{
"act_id": 149,
"details": ". 2. In this Act, unless there is anything repugnant in the subject or context,- 2(a) \t\"child\" means a person who, if a male, is under twenty-one years of age, and if a female, is under eighteen years of age; (b) \t\"child marriage\" means a marriage to which either of the contracting parties is a child; (c) \t\"contracting party\" to a marriage means either of the parties whose marriage is or is about to be thereby solemnized; and 3(d) \"minor\" means a person who, if a male, is under twenty-one years of age, and if a female, is under eighteen years of age.",
"name": "Definition",
"related_acts": "",
"section_id": 2
},
{
"act_id": 149,
"details": "3.\t\tOmitted by section 3 of the Child Marriage Restraint (Amendment) Ordinance, 1984 (Ordinance No. XXXVIII of 1984).",
"name": "Omitted",
"related_acts": "",
"section_id": 3
},
{
"act_id": 149,
"details": "44. Whoever, being a male above twenty-one years of age, or being a female above eighteen years of age, contracts a child marriage shall be punishable with simple imprisonment which may extend to one month, or with fine which may extend to one thousand Taka, or with both.",
"name": "Punishment for male adult above twenty-one years of age or female adult above eighteen years of age marrying a child",
"related_acts": "",
"section_id": 4
},
{
"act_id": 149,
"details": "5. Whoever performs, conducts or directs any child marriage shall be punishable with simple imprisonment which may extend to one month, or with fine which may extend to one thousand Taka, or with both, unless he proves that he had reason to believe that the marriage was not a child marriage.",
"name": "Punishment for solemnizing a child marriage",
"related_acts": "",
"section_id": 5
},
{
"act_id": 149,
"details": "6. (1) Where a minor contracts a child marriage, any person having charge of the minor, whether as parent or guardian or in any other capacity, lawful or unlawful, who does any act to promote the marriage or permits it to be solemnized, or negligently fails to prevent it from being solemnized, shall be punishable with simple imprisonment which may extend to one month, or with fine which may extend to one thousand Taka, or with both: Provided that no woman shall be punishable with imprisonment. (2) For the purposes of this section, it shall be presumed, unless and until the contrary is proved, that where a min of has contracted a child marriage, the person having charge of such minor has negligently failed to prevent the marriage from being solemnized.",
"name": "Punishment for parent or guardian concerned in a child marriage",
"related_acts": "",
"section_id": 6
},
{
"act_id": 149,
"details": "7. Notwithstanding anything contained in section 25 of the General Clauses Act. 1897, or section 64 of the 5Penal Code, a Court sentencing an offender under section 3 shall not be competent to direct that, in default of payment of the imposed, he shall undergo any term of imprisonment.",
"name": "Imprisonment not to be awarded for offences under section 3",
"related_acts": "",
"section_id": 7
},
{
"act_id": 149,
"details": "8. Notwithstanding anything contained in section 190 of the Code of Criminal Procedure, 1898, no Court other than of a Magistrate of the first class shall take cognizance of, or try, any offence under this Act.",
"name": "Jurisdiction under this Act",
"related_acts": "75",
"section_id": 8
},
{
"act_id": 149,
"details": "9. No Court shall take cognizance of any offence under this Act after the expiry of one year from the date on which the offence is alleged to have been committed.",
"name": "Mode of taking cognizance of offences",
"related_acts": "",
"section_id": 9
},
{
"act_id": 149,
"details": "10. The Court taking cognizance of an offence under this Act shall, unless it dismisses the complaint under section 203 of the Code of Criminal Procedure, 1898, either itself make an inquiry under section 202 of that Code, or direct a Magistrate of the first class subordinate to it to make such inquiry.",
"name": "Preliminary inquiries into offences under this Act",
"related_acts": "75",
"section_id": 10
},
{
"act_id": 149,
"details": "11. (1) When the Court takes cognizance of any offence under this Act upon this Act upon a complaint made to it, it may for reasons to be recorded in writing, at any time after examining the complainant before issuing process for compelling the attendance of without sureties, for a sum not exceeding one hundred Taka, as security for the payment of any compensation which the complainant may be directed to pay under section 250 of the Code of Criminal Procedure, 1898, and if such security is not furnished within such reasonable time as the Court may fix the complaint shall be dismissed. (2) A bond taken under this section shall be deemed to be a bond taken under the Code of Criminal Procedure, 1898, and Chapter XLII of that Code apply accordingly.",
"name": "Power to take security from complainant",
"related_acts": "75,75",
"section_id": 11
},
{
"act_id": 149,
"details": "12.(1) Notwithstanding anything to the contrary contained in this Act, the Court may, if satisfied from information laid before it through a complaint or otherwise that a child marriage in contravention of this Act has been arranged or is about to be solemnized, issue an injunction against any of the persons mentioned in sections 3,4,5, and 6 of this Act prohibiting such marriage. (2) No injunction under sub-section (1) shall be issued against any person unless the Court has previously given notice to such person, and has afforded him an opportunity to show cause against the issue of the injunction. (3) The Court may either on its own motion or on the application of any person aggrieved rescind or alter any order made under sub-section (1). (4) Where such an application is received, the Court shall afford the applicant an early opportunity of appearing before it either in person or by pleader; and if the Court rejects the application wholly or in part, it shall record in writing its reasons for so doing. (5) Whoever knowing that an injunction has been issued against him under sub-section (1) of this section disobeys such injunction shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to one thousand Taka, or with both: Provided that no woman shall be punishable with imprisonment.",
"name": "Power to issue injunction prohibiting marriage in contravention of this Act",
"related_acts": "",
"section_id": 12
}
],
"text": "1♣An Act to restrain the solemnization of child marriages. WHEREAS it is expedient to restrain the solemnization of child marriages; It is hereby enacted as follows:-"
} |
{
"id": 150,
"lower_text": [
"1 The word \"Bangladesh\" was substituted, for the word \"Pakistan\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 Section 64A was inserted by section 2 of the Sale of Goods (Amendment) Act, 1940 (Act No. XLI of 1940)"
],
"name": "The Sale of Goods Act, 1930",
"num_of_sections": 68,
"published_date": "15th March, 1930",
"related_act": [
26,
36,
430,
150
],
"repelled": false,
"sections": [
{
"act_id": 150,
"details": "1. (1) This Act may be called the Sale of Goods Act, 1930. (2) It extends to the whole of 1Bangladesh. (3) It shall come into force on the first day of July, 1930.",
"name": "Short title, extent and commencement",
"related_acts": "150",
"section_id": 1
},
{
"act_id": 150,
"details": "2. In this Act, unless there is anything repugnant in the subject or context,- (1)\t\"buyer\" means a person who buys or agrees to buy goods; (2)\t\"delivery\" means voluntary transfer of possession from one person to another; (3)\tgoods are said to be in a \"deliverable state\" when they are in such state that the buyer would under the contract be bound to take delivery of them; (4)\t\"document of title to goods\" includes a bill of lading dock-warrant, warehouse keeper's certificate, whar-fingers' certificate, railway receipt. warrant or order for the delivery of goods and any other document used in the ordinary course of business as proof of the possession or control of goods, or authorizing or purporting to authorize, either by endorsement or by delivery, the possessor of the document to transfer or receive goods thereby represented; (5)\t\"fault\" means wrongful act or default; (6)\t\"future goods\" means goods to be manufactured or produced or acquired by the seller after the making of the contract of sale; (7)\t\"goods\" means every kind of moveable property other than actionable claims and money; and includes electricity, water, gas, stock and shares, growing crops, grass, and things attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale; (8)\ta person is said to be \"insolvent\" who has ceased to pay his debts in the ordinary course of business, or cannot pay his debts as they become due, whether he has committed an act of insolvency or not; (9)\t\"mercantile agent\" means a mercantile agent having in the customary course of business as such agent authority either to sell goods, or to consign goods for the purposes of sale, or to buy goods, or to raise money on the security of goods; (10)\t\"price\" means the money consideration for a sale of goods; (11)\t\"Property\" means the general property in goods, and not merely a special property; (12)\t\"quality of goods\" includes their state or condition; (13)\t\"seller\" means a person who sells or agrees to sell goods; (14)\t\"specific goods\" means goods identified and agreed upon at the time a contract of sale is made; and (15)\texpressions used but not defined in this Act and defined in the Contract Act. 1872, have the meanings assigned to them in that Act.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 150,
"details": "3. The unrepealed provisions of the Contract Act, 1872, save in so far as they are inconsistent with the express provisions of this Act, shall continue to apply to contracts for the sale of goods.",
"name": "Application of provisions of Act IX of 1872",
"related_acts": "26",
"section_id": 3
},
{
"act_id": 150,
"details": "4. (1) A contract of sale of goods is a contract whereby the seller transfers or agrees to transfer the property in goods to the buyer for a price. There may be a contract of sale between one part-owner and another. (2) A contract of sale may be absolute or conditional. (3) Where under a contract of sale the property in the goods is transferred from the seller to the buyer, the contract is called a sale, but where the transfer of the property in the goods is to take place at a future time or subject to some condition thereafter to be fulfilled, the contract is called an agreement to sell. (4) An agreement to sell becomes a sale when the time elapses or the conditions are fulfilled subject to which the property in the goods is to be transferred.",
"name": "Sale and agreement to sell",
"related_acts": "",
"section_id": 4
},
{
"act_id": 150,
"details": "5. (1) A contract of sale is made by an offer to buy or sell goods for a price and the acceptance of such offer. The contract may provide for the immediate delivery of the goods or immediate payment of the price or both, or for the delivery or payment by instalments, or that the delivery or payment or both shall be postponed. (2) Subject to the provisions of any law for the time being in force, a contract of sale may be made in writing or by word of mouth, or partly in writing and partly by word of mouth or may be implied from the conduct of the parties.",
"name": "Contract of sale how made",
"related_acts": "",
"section_id": 5
},
{
"act_id": 150,
"details": "6. (1) The goods which form the subject of a contract of sale may be either existing goods, owned or possessed by the seller, or future goods.(2) There may be a contract for the sale of goods the acquisition of which by the seller depends upon a contingency which may or may not happen. (3) Where by a contract of sale the seller purports to effect a present sale of future goods, the contract operates as an agreement to sell the goods.",
"name": "Existing of future goods",
"related_acts": "",
"section_id": 6
},
{
"act_id": 150,
"details": "7. Where there is a contract for the sale of specific goods, the contract is void if the goods without the knowledge of the seller have, at the time when the contract was made, perished or become so damaged as no longer to answer to their description in the contract.",
"name": "Goods perishing before making of contract",
"related_acts": "",
"section_id": 7
},
{
"act_id": 150,
"details": "8. Where there is an agreement to sell specific goods, and subsequently the goods without any fault on the part of the seller or buyer perish or become so damaged as no longer to answer to their description in the agreement before the risk passes to the buyer, the agreement is thereby avoided.",
"name": "Goods perishing before sale but after agreement to sell",
"related_acts": "",
"section_id": 8
},
{
"act_id": 150,
"details": "9. (1) The price in a contract of sale may be fixed by the contract or may be left to be fixed in manner thereby agreed or may be determined by the course of dealing between the parties. (2) Where the price is not determined in accordance with the foregoing provisions, the buyer shall pay the seller a reasonable price. What is a reasonable price is a question of fact dependent on the circumstances of each particular case.",
"name": "Ascertainment of price",
"related_acts": "",
"section_id": 9
},
{
"act_id": 150,
"details": "10. (1) Where there is an agreement to sell goods on the terms that the price is to be fixed by the valuation of a third party and such third party cannot or does not make such valuation, the agreement is thereby avoided: Provided that, if the goods or any part thereof have been delivered to, and appropriated by, the buyer, he shall pay a reasonable price therefor. (2) Where such third party is prevented from making the valuation by the fault of the seller or buyer, the party not in fault may maintain a suit for damages against the party in fault.",
"name": "Agreement to sell at valuation",
"related_acts": "",
"section_id": 10
},
{
"act_id": 150,
"details": "11. Unless a different intention appears from the terms of the contract, stipulations as to time of payment are not deemed to be of the essence of a contract of sale. Whether any other stipulation as to time is of the essence of the contract or not depends on the terms of the contract.",
"name": "Stipulations as to time",
"related_acts": "",
"section_id": 11
},
{
"act_id": 150,
"details": "12. (1) A stipulation in a contract of sale with reference to goods which are the subject thereof may be a condition or a warranty. (2) A condition is a stipulation essential to the main purpose of the contract, the breach of which gives rise to right to treat the contract as repudiated. (3) A warranty is a stipulation collateral to the main purpose of the contract, the breach of which gives rise to a claim for damages but not to a right to reject the goods and treat the contract as repudiated. (4) Whether a stipulation in a contract of sale is a condition or a warranty depends in each case on the construction of the contract. A stipulation may be a condition, though called a warranty in the contract.",
"name": "Condition and warranty",
"related_acts": "",
"section_id": 12
},
{
"act_id": 150,
"details": "13. (1) Where a contract of sale is subject to any condition to be fulfilled by the seller, the buyer may waive the condition or elect to treat the breach of the condition as a breach of warranty and not as a ground for treating the contract as repudiated. (2) Where a contract of sale is not severable and the buyer has accepted the goods or part thereof, the breach of any condition to be fulfilled by the seller can only be treated as a breach of warranty and not as a ground for rejecting the goods and treating the contract as repudiated, unless there is a term of the contract, express or implied, to that effect. (3) Nothing in this section shall effect the case of any condition or warranty fulfilment of which is excused by law by reason of impossibility or otherwise.",
"name": "When condition to be treated as warranty",
"related_acts": "",
"section_id": 13
},
{
"act_id": 150,
"details": "14. In a contract of sale, unless the circumstances of the contract are such as to show a different intention there is- (a) \tan implied condition on the part of the seller that, in the case of a sale, he has a right to sell the goods and that, in the case of an agreement to sell, he will have a right to sell the goods at the time when the property is to pass; (b) \tan implied warranty that the buyer shall have and enjoy quiet possession of the goods; (c) \tan implied warranty that the goods shall be free from any charge or encumbrance in favour of any third party not declared or known to the buyer before or at the time when the contract is made.",
"name": "Implied undertaking as to title, etc.",
"related_acts": "",
"section_id": 14
},
{
"act_id": 150,
"details": "15. Where there is a contract for the sale of goods by description, there is an implied condition that the goods shall correspond with the description; and, if the sale is by sample as well as by description, it is not sufficient that the bulk of the goods corresponds with the sample if the goods do not also correspond with the description.",
"name": "Sale by description",
"related_acts": "",
"section_id": 15
},
{
"act_id": 150,
"details": "16. Subject to the provisions of this Act and of any other law for the time being in force, there is no implied warranty or condition as to the quality or fitness for any particular purpose of goods supplied under a contract of sale, except as follows:- (1) Where the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are required, so as to show that the buyer relies on the seller's skill or judgment, and the goods are of a description which it is in the course of the seller's business to supply (whether he is the manufacturer or producer or not), there is an implied condition that the goods shall be reasonably fit for such purpose: Provided that, in the case of a contract for the sale of a specified article under its patent or other trade name, there is no implied condition as to its fitness for any particular purpose. (2) Where goods are bought by description from a seller who deals in goods of that description (whether he is the manufacturer or producer or not), there is an implied condition that the goods shall be of merchantable quality: Provided that, if the buyer has examined the goods, there shall be no implied condition as regards defects which such examination ought to have revealed. (3) An implied warranty or condition as to quality or fitness for a particular purpose may be annexed by the usage of trade. (4) An express warranty or condition does not negative a warranty or condition implied by this Act unless inconsistent therewith.",
"name": "Implied conditions as to quality or fitness",
"related_acts": "",
"section_id": 16
},
{
"act_id": 150,
"details": "17. (1) A contract of sale is a contract for sale by sample where there is a term in the contract, express or implied, to that effect. (2) In the case of a contract for sale by sample there is an implied condition- (a) \tthat the bulk shall correspond with the sample in quality; (b) \tthat the buyer shall have a reasonable opportunity of comparing the bulk with the sample; (c) \tthat the goods shall be free from any defect, rendering them unmerchantable, which would not be apparent on reasonable examination of the sample.",
"name": "Sale by sample",
"related_acts": "",
"section_id": 17
},
{
"act_id": 150,
"details": "18. Where there is a contract for the sale of unascertained goods, no property in the goods is transferred to the buyer unless and until goods are ascertained.",
"name": "Goods must be ascertained",
"related_acts": "",
"section_id": 18
},
{
"act_id": 150,
"details": "19. (1) Where there is a contract for the sale of specific or ascertained goods the property in them is transferred to the buyer at such time as the parties to the contract intend it to be transferred. (2) For the purpose of ascertaining the intention of the parties regard shall be had to the terms of the contract, the conduct of the parties and the circumstances of the case. (3) Unless a different intention appears, the rules contained in section 20 to 24 are rules for ascertaining the intention of the parties as to the time at which the property in the goods is to pass to the buyer.",
"name": "Property passes when intended to pass",
"related_acts": "",
"section_id": 19
},
{
"act_id": 150,
"details": "20. Where there is an unconditional contract for the sale of specific goods in a deliverable state, the property in the goods passes to the buyer when the contract is made, and it is immaterial whether the time of payment to the price or the time of delivery of the goods, or both, is postponed.",
"name": "Specific goods in a deliverable state",
"related_acts": "",
"section_id": 20
},
{
"act_id": 150,
"details": "21. Where there is a contract for the sale of specific goods and the seller is bound to do something to the goods for the purpose of putting them into a deliverable state, the property does not pass until such thing is done and the buyer has notice thereof.",
"name": "Specific goods to be put into a deliverable state",
"related_acts": "",
"section_id": 21
},
{
"act_id": 150,
"details": "22. Where there is a contract for the sale of specific goods in a deliverable state, but the seller is bound to weigh measure, test or do some other act or thing with reference to the goods for the purpose of ascertaining the price, the property does not pass until such act or thing is done and the buyer has notice thereof.",
"name": "Specific goods in a deliverable state, when the seller has to do anything thereto in order to ascertain price",
"related_acts": "",
"section_id": 22
},
{
"act_id": 150,
"details": "23.(1) Where there is a contract for the sale of unascertained or future goods by description and goods of that description and in a deliverable state are unconditionally appropriated to the contract, either by the seller with the assent of the buyer or by the buyer with the assent of the seller, the property in the goods thereupon passes to the buyer. Such assent may be express or implied, and may be given either before or after the appropriation is made.",
"name": "Sale of unascertained goods and appropriation",
"related_acts": "",
"section_id": 23
},
{
"act_id": 150,
"details": "(2) Where, in pursuance of the contract, the seller delivers the goods to the buyer or to a carrier or other bailee (whether named by the buyer or not, for the purpose of transmission to the buyer, and does not reserve the right of deposal, he is deemed to have unconditionally appropriated the goods to the contract.",
"name": "Delivery to carrier",
"related_acts": "",
"section_id": 24
},
{
"act_id": 150,
"details": "24. When goods are delivered to the buyer on approval or \"on sale or return\" or other similar terms, the property therein passes to the buyer- (a) \twhen he signifies his approval or acceptance to the seller or does any other act adopting the transaction; (b) \tif he does not signify his approval or acceptance to the seller but retains the goods without giving notice of rejection, then, if a time has been fixed for the return of the goods, on the expiration of such time, and, if no time has been fixed, on the expiration of a reasonable time.",
"name": "Goods sent on approval or",
"related_acts": "",
"section_id": 25
},
{
"act_id": 150,
"details": "25.(1) Where there is a contract for the sale of specific goods or where goods are subsequently appropriated to the contract, the seller may, by the terms of the contract or appropriation, reserve the right of disposal of the goods until certain conditions are fulfilled. In such case, notwithstanding the delivery of the goods to a buyer, or to a carrier or other bailee for the purpose of transmission to the buyer, the property in the goods does not pass to the buyer until the conditions imposed by the seller are fulfilled. (2) Where goods are shipped or are dispatched by railway and are by the bill of lading or by railway receipt deliverable to the order of the seller or his agent the seller is prima facie deemed to reserve the right of disposal. (3) Where the seller of goods draws on the buyer for the price and transmits the bill of exchange and bill of lading or railway receipt to the buyer together, to secure acceptance or payment of the bill of exchange, the buyer is bound to return the bill of lading or railway receipt if he does not honour the bill of exchange and if he wrongfully retains the bill of lading or railway receipt the property in the goods does not pass to him.",
"name": "Reservation of right of disposal",
"related_acts": "",
"section_id": 26
},
{
"act_id": 150,
"details": "26. Unless otherwise agreed, the goods remain at the seller's risk until the property therein is transferred to the buyer, but when the property therein is transferred to the buyer, the goods are at the buyer's risk whether delivery has been made or not: Provided that, where delivery has been delayed through the fault of either buyer or seller, the goods are at the risk of the party in fault as regards any loss which might not have occurred but for such fault: Provided also that nothing in this section shall affect the duties or liabilities of either seller or buyer as a bailee of the goods of the other party.",
"name": "Risk prima facie passes with property",
"related_acts": "",
"section_id": 27
},
{
"act_id": 150,
"details": "27. Subject to the provisions of this Act and of any other law for the time being in force, where goods are sold by a person who is not the owner thereof and who does not sell them under the authority or with the consent of the owner, the buyer acquires no better title of the goods than the seller had, unless the owner of the goods is by his conduct precluded from denying the seller's authority to sell: Provided that where the mercantile agent is, with the consent of the owner, in possession of the goods or of a document of title to the goods, any sale made by him, when acting in the ordinary course of business of a mercantile agent, shall be as valid as if he were expressly authorized by the owner of the goods to make the same; provided that the buyer acts in good faith and has not at the time of the contract of sale notice that the seller has not authority to sell.",
"name": "Sale by person not the owner",
"related_acts": "",
"section_id": 28
},
{
"act_id": 150,
"details": "28. If one of several joint owners of goods has the sole possession of them by permission of the co-owners, the property in the goods is transferred to any person who buys them of such joint owner in good faith and has not at the time of the contract of sale notice that the seller has not authority to sell.",
"name": "Sale by one of joint owners",
"related_acts": "",
"section_id": 29
},
{
"act_id": 150,
"details": "29. When the seller of goods has obtained possession thereof under a contract voidable under section 19 or section 19A of the Contract Act, 1872, but the contract has not been rescinded at the time of the sale, the buyer acquires a good title to the goods, provided he buys them in good faith and without notice of the seller's defect of title.",
"name": "Sale by person in possession under voidable contract",
"related_acts": "26",
"section_id": 30
},
{
"act_id": 150,
"details": "30. (1)Where a person, having sold goods, continues or is in possession of the goods or of the documents of title to the goods, the delivery or transfer by that person or by a mercantile agent acting for him, of the goods or documents of title under any sale, pledge or other disposition thereof to any person receiving the same in good faith and without notice of the previous sale shall have the same effect as if the person making the delivery or transfer were expressly authorized by the owner of the goods to make the same.",
"name": "Seller or buyer in possession after sale",
"related_acts": "",
"section_id": 31
},
{
"act_id": 150,
"details": "31. It is the duty of the seller to deliver the goods and of the buyer to accept and pay for them, in accordance with the terms of the contract of sale.",
"name": "Duties of seller and buyer",
"related_acts": "",
"section_id": 32
},
{
"act_id": 150,
"details": "32. Unless otherwise agreed, delivery of the goods and payment of the price are concurrent conditions, that is to say, the seller shall be ready and willing to give possession of the goods to the buyer in exchange for the price, and the buyer shall be ready and willing to pay the price in exchange for possession of the goods.",
"name": "Payment and delivery are concurrent conditions",
"related_acts": "",
"section_id": 33
},
{
"act_id": 150,
"details": "33. Delivery of goods sold may be made by doing anything which the parties agree shall be treated as delivery or which has the effect of putting the goods in the possession of the buyer or of any person authorized to hold them on his behalf.",
"name": "Delivery",
"related_acts": "",
"section_id": 34
},
{
"act_id": 150,
"details": "34. A delivery of part of goods, in progress of the delivery of the whole, has the same effect, for the purpose of passing the property in such goods, as a delivery of the whole; but a delivery of part of the goods, with an intention of severing it from the whole, does not operate as a delivery of the remainder.",
"name": "Effect of part delivery",
"related_acts": "",
"section_id": 35
},
{
"act_id": 150,
"details": "35. Apart from any express contract, the seller of goods is not bound to deliver them until the buyer applies for delivery.",
"name": "Buyer to apply for delivery",
"related_acts": "",
"section_id": 36
},
{
"act_id": 150,
"details": "36. (1) Whether it is for the buyer to take possession of the goods or for the seller to send them to the buyer is a question depending in each case on the contract, express or implied, between the parties. Apart from any such contract, goods sold are to be delivered at the place at which they are at the time of the sale, and goods agreed to be sold are to be delivered at the place at which they are at the time of the agreement to sell, or if not then in existence, at the place at which they are manufactured or produced. (2) Where under the contract of the sale the seller is bound to send the goods to the buyer, but no time for sending them is fixed, the seller is bound to send them within a reasonable time. (3) Where the goods at the time of sale are in the possession of a third person, there is no delivery by seller to buyer unless and until such third person acknowledges to the buyer that he holds the goods on his behalf: Provided that nothing in this section shall affect the operation of the issue or transfer of any document of title to goods. (4) Demand or tender of delivery may be treated as ineffectual unless made at a reasonable hour. What is a reasonable hour is a question of fact. (5) Unless otherwise agreed, the expenses of and incidental to putting the goods into a deliverable state shall be borne by the seller.",
"name": "Rule as to delivery",
"related_acts": "",
"section_id": 37
},
{
"act_id": 150,
"details": "37. (1) Where the seller delivers to the buyer a quantity of goods less than he contracted to sell, the buyer may reject them, but if the buyer accepts the goods so delivered he shall pay for them at the contract rate. (2) Where the seller delivers to the buyer a quantity of goods larger than he contracted to sell, the buyer may accept the goods included in the contract and reject the rest, or he may reject the whole. If the buyer accepts the whole of the goods so delivered, he shall pay for the at them contract rate. (3) Where the seller delivers to the buyer the goods he contracted to sell mixed with goods of different description not included in the contract, the buyer may accept the goods which are in accordance with the contract and reject the rest, or may reject the whole. (4) The provisions of this section are subject to any usage of trade, special agreement or course of dealing between the parties.",
"name": "Delivery of wrong quantity",
"related_acts": "",
"section_id": 38
},
{
"act_id": 150,
"details": "38. (1) Unless otherwise agreed, the buyer of goods is not bound to accept delivery thereof by instalments. (2) Where there is a contract for the sale of goods to be delivered by stated instalments which are to be separately paid for, and the seller makes no delivery or defective delivery in respect of one or more instalments, or the buyer neglects or refuses to take delivery of or pay for one or more instalments, it is a question in each case depending on the terms of the contract and the circumstances of the case, whether the breach of contract is a repudiation of the whole contract, or whether it is a severable breach giving rise to a claim for compensation, but not to a right to treat the whole contract as repudiated.",
"name": "Instalment deliveries",
"related_acts": "",
"section_id": 39
},
{
"act_id": 150,
"details": "39. (1) Where, in pursuance of a contract of sale, the seller is authorized or required to send the goods to the buyer, delivery of the goods to a carrier, whether named by the buyer or not, for the purpose of transmission to the buyer, or delivery of the goods to a wharfinger for safe custody, is prima facie deemed to be a delivery of the goods to the buyer. (2) Unless otherwise authorized by the buyer, the seller shall make such contract with the carrier or wharfinger on behalf of the buyer as may be reasonable having regard to the nature of the goods and the other circumstances of the case. If the seller omits, so to do, and the goods are lost or damaged in course of transit or whilst in the custody of the wharfinger, the buyer may decline to treat the delivery to the carrier of wharfinger as a delivery to himself, or may hold the seller responsible in damages. (3) Unless otherwise agreed, where goods are sent by the seller to the buyer by a route involving sea transit, in circumstances in which it is usual to insure, the seller shall give such notice to the buyer as may enable him to insure them during their sea transit, and if the seller fails so to do, the goods shall be deemed to be at his risk during such sea transit.",
"name": "Delivery to carrier or wharfinger",
"related_acts": "",
"section_id": 40
},
{
"act_id": 150,
"details": "40. Where the seller of goods agrees to deliver them at his own risk at a place other than that where they are when sold, the buyer shall, nevertheless, unless otherwise agreed, take any risk of deterioration in the goods necessarily incident to the course of transit.",
"name": "Risk where goods are delivered at distant place",
"related_acts": "",
"section_id": 41
},
{
"act_id": 150,
"details": "41. (1) Where goods are delivered to the buyer which he has not previously examined, he is not deemed to have accepted them unless and until he has had a reasonable opportunity of examining them for the purpose of ascertaining whether they are in conformity with the contract. (2) Unless otherwise agreed, when the seller tenders delivery of goods to the buyer, he is bound, on request, to afford the buyer a reasonable opportunity of examining the goods for the purpose of ascertaining whether they are in conformity with the contract.",
"name": "Buyer's right of examining the goods",
"related_acts": "",
"section_id": 42
},
{
"act_id": 150,
"details": "42. The buyer is deemed to have accepted the goods when he intimates to the seller, that he has accepted them, or when the goods have been delivered to him and he does any act in relation to them which is inconsistent with the ownership of the seller, or when, after the lapse of a reasonable time, he retains the goods without intimating to the seller that he has rejected them.",
"name": "Acceptance",
"related_acts": "",
"section_id": 43
},
{
"act_id": 150,
"details": "43. Unless otherwise agreed, where goods are delivered to the buyer and he refuses to accept them, having the right so to do, he is not bound to return them to the seller, but it is sufficient if he intimates to the seller that he refuses to accept them.",
"name": "Buyer not bound to return rejected goods",
"related_acts": "",
"section_id": 44
},
{
"act_id": 150,
"details": "44. When the seller is ready and willing to deliver the goods and requests the buyer to take delivery, and the buyer does not within a reasonable time after such request take delivery of the goods, he is liable to the seller for any loss occasioned by his neglect or refusal to take delivery, and also for a reasonable charge for the care and custody of the goods: Provided that nothing in this section shall affect the rights of the seller where the neglect or refusal of the buyer to take delivery amounts to a repudiation of the contract.",
"name": "Liability of buyer for neglecting or refusing delivery of goods",
"related_acts": "",
"section_id": 45
},
{
"act_id": 150,
"details": "45. (1) The seller of goods is deemed to be an \"unpaid seller\" within the meaning of this Act\t(a) \twhen the whole of the price has not been paid or tendered; (b) \twhen a bill of exchange or other negotiable instrument has been received as conditional payment, and the condition on which it was received has not been fulfilled by reason of the dishonour of the instrument or otherwise. (2) In this Chapter, the term \"seller\" includes any person who is in the position of a seller, as, for instance, an agent of the seller to whom the bill of lading has been endorsed, or a consignor or agent who has himself paid, or is directly responsible for, the price.",
"name": "",
"related_acts": "",
"section_id": 46
},
{
"act_id": 150,
"details": "46. (1) Subject to the provisions of this Act and of any law for the time being in force, notwithstanding that the property in the goods may have passed to the buyer, the unpaid seller of goods, as such, has by implication of law- (a)\ta lien on the goods for the price while he is in possession of them; (b) \tin case of the insolvency of the buyer a right of stopping the goods in transit after he has parted with the possession of them; (c) \ta right of re-sale as limited by this Act. (2) Where the property in goods has not passed to the buyer, the unpaid seller has, in addition to his other remedies, a right of withholding delivery similar to and co-extensive with his rights of lien and stoppage in transit where the property has passed to the buyer.",
"name": "Unpaid seller's rights",
"related_acts": "",
"section_id": 47
},
{
"act_id": 150,
"details": "47. (1) Subject to the provisions of this Act, the unpaid seller of goods who is in possession of them is entitled to retain possession of them until payment or tender of the price in the following cases, namely:- (a)\tWhere the goods have been sold without any stipulation as to credit; (b) \tWhere the goods have been sold on credit, but the term of credit has expired; (c) \tWhere the buyer becomes insolvent. (2) The seller may exercise his right of lien notwithstanding that he is in possession of the goods as agent or bailee for the buyer.",
"name": "Seller's lien",
"related_acts": "",
"section_id": 48
},
{
"act_id": 150,
"details": "48. Where an unpaid seller has made part delivery of the goods, he may exercise his right of lien on the remainder, unless such part delivery has been made under such circumstances as to show an agreement to waive the lien.",
"name": "Part delivery",
"related_acts": "",
"section_id": 49
},
{
"act_id": 150,
"details": "49.(1) The unpaid seller of goods loses his lien thereon (a) \twhen he delivers the goods to a carrier or other bailee for the purpose of transmission to the buyer without reserving the right of disposal of the goods; (b) \twhen the buyer or his agent lawfully obtains posses-sion of the goods; (c) \tby waiver thereof. (2) The unpaid seller of goods, having a lien thereon, does not lose his lien by reason only that he has obtained a decree for the price of the goods.",
"name": "49 \tTermination of lien",
"related_acts": "",
"section_id": 50
},
{
"act_id": 150,
"details": "50. Subject to the provisions of this Act, when the buyer of goods becomes insolvent, the unpaid seller who has parted with the possession of the goods has the right of stopping them in transit, that is to say, he may resume possession of the goods as long as they are in the course of transit, and may retain them until payment or tender of the price.",
"name": "Right of stoppage in transit",
"related_acts": "",
"section_id": 51
},
{
"act_id": 150,
"details": "51.(1) Goods are deemed to be in course of transit from the time when they are delivered to a carrier or other bailee for the purpose of transmission to the buyer, until the buyer or his agent in that behalf takes delivery of them from such carrier or other bailee. (2) If the buyer or his agent in that behalf obtains delivery of the goods before their arrival at the appointed destination, the transit is at an end. (3) If, after the arrival of the goods at the appointed destination, the carrier or other bailee acknowledges to the buyer or his agent that he holds the goods on his behalf and continues in possession of them as bailee for the buyer or his agent, the transit is at an end and it is immaterial that a further destination for the goods may have been indicated by the buyer. (4) If the goods are rejected by the buyer and the carrier or other bailee continues in possession of them, the transit is not deemed to be at end, even if the seller has refused to receive them back. (5) When goods are delivered to a ship chartered by the buyer, it is a question depending on the circumstances of the particular case, whether they are in the possession of the master as a carrier or as agent of the buyer. (6) Where the carrier or other bailee wrongfully refuses to deliver the goods to the buyer or his agent in that behalf, the transit is deemed to be at an end. (7) Where part delivery of the goods has been made to the buyer or his agent in that behalf, the remainder of the goods may be stopped in transit, unless such part delivery has been given in such circumstances as to show an agreement to give up possession of the whole of the goods.",
"name": "Duration of transit",
"related_acts": "",
"section_id": 52
},
{
"act_id": 150,
"details": "52.(1) The unpaid seller may exercise his right of stoppage in transit either by taking actual possession of the goods, or by giving notice of his claim to the carrier or other bailee in whose possession the goods are. Such notice may be given either to the person in actual possession of the goods or to his principal. In the latter case the notice, to be effectual, shall be given at such time and in such circumstances that the principal, by the exercise of reasonable diligence, may communicate it to his servant or agent in time to prevent a delivery to the buyer. Transfer by Buyer and Seller 53.(1) Subject to the provisions of this Act, the unpaid seller's right of lien or stoppage in transit is not affected by any sale or other disposition of the goods which the buyer may have made, unless the seller has assented thereto: Provided that where a document of title to goods has been issued or lawfully transferred to any person as buyer or owner of the goods, and that person transfers the document to a person who takes the document in good faith and for consideration, then, if such last mentioned transfer was by way of sale, the unpaid seller's right of lien or stoppage in transit is defeated, and, if such last mentioned transfer was by way of pledge or other disposition for value, the unpaid seller's right of lien or stoppage in transit can only be exercised subject to the rights of the transferee. (2) Where the transfer is by way of pledge, the unpaid seller may require the pledgee to have the amount secured by the pledge satisfied in the first instance, as far as possible, out of any other goods or securities of the buyer in the hands of the pledgee and available against the buyer.",
"name": "How stoppage in transit is effected",
"related_acts": "",
"section_id": 53
},
{
"act_id": 150,
"details": "53.(1) Subject to the provisions of this Act, the unpaid seller's right of lien or stoppage in transit is not affected by any sale or other disposition of the goods which the buyer may have made, unless the seller has assented thereto: Provided that where a document of title to goods has been issued or lawfully transferred to any person as buyer or owner of the goods, and that person transfers the document to a person who takes the document in good faith and for consideration, then, if such last mentioned transfer was by way of sale, the unpaid seller's right of lien or stoppage in transit is defeated, and, if such last mentioned transfer was by way of pledge or other disposition for value, the unpaid seller's right of lien or stoppage in transit can only be exercised subject to the rights of the transferee. (2) Where the transfer is by way of pledge, the unpaid seller may require the pledgee to have the amount secured by the pledge satisfied in the first instance, as far as possible, out of any other goods or securities of the buyer in the hands of the pledgee and available against the buyer.",
"name": "Effect of sub-sale or pledge by buyer",
"related_acts": "",
"section_id": 54
},
{
"act_id": 150,
"details": "54.(1) Subject to the provisions of this section, a contract of sale is not rescinded by the mere exercise by an unpaid seller of his right of lien or stoppage in transit. (2) Where the goods are of a perishable nature, or where the unpaid seller who has exercised his right of lien or stoppage in transit gives notice to the buyer of his intention to re-sell, the unpaid seller may, if the buyer does not within a reasonable time pay or tender the price, re-sell the goods within a reasonable time and recover from the original buyer damages for any loss occasioned by his breach of contract, but the buyer shall not be entitled to any profit which may occur on the re-sale. If such notice is not given, the unpaid seller shall not be entitled to recover such damages and the buyer shall be entitled to the profit, if any, on the re-sale. (3) Where an unpaid seller who has exercised his right of lien or stoppage in transit re-sells the goods, the buyer acquires a good title thereto as against the original buyer, notwithstanding that no notice of the re-sale has been given to the original buyer. (4) Where the seller expressly reserves a right of re-sale in case the buyer should make default, and, on the buyer making default, re-sells the goods, the original contract of sale is thereby rescinded, but without prejudice to any claim which the seller may have for damages.",
"name": "Sale not generally rescinded by lien or stoppage in transit",
"related_acts": "",
"section_id": 55
},
{
"act_id": 150,
"details": "55.(1) Where under a contract of sale the property in the goods has passed to the buyer wrongfully neglects or refuses to pay for the goods according to the terms of the contract, the seller may sue him for the price of the goods. (2) Where under a contract of sale the price is payable on a day certain irrespective of delivery and the buyer wrongfully neglects or refuses to pay such price, the seller may sue him for the price although the property in the goods has not passed and the goods have not been appropriated to the contract.",
"name": "Suit for price",
"related_acts": "",
"section_id": 56
},
{
"act_id": 150,
"details": "56. Where the buyer wrongfully neglects or refuses to accept and pay for the goods, the seller may sue him for damages for non-acceptance.",
"name": "Damages for non-acceptance",
"related_acts": "",
"section_id": 57
},
{
"act_id": 150,
"details": "57. Where the seller wrongfully neglects or refuses to deliver the goods to the buyer, the buyer may sue the seller for damages for non-delivery.",
"name": "Damages for non-delivery",
"related_acts": "",
"section_id": 58
},
{
"act_id": 150,
"details": "58. Subject to the provisions of Chapter II of the Specific Relief Act, 1877, in any suit for breach of contract to deliver specific or ascertained goods, the Court may, if it thinks fit, on the application of plaintiff, by its decree direct that the contract shall be performed specifically, without giving the defendant the option of retaining the goods on payment of damages. The decree may be unconditional, or upon such terms and conditions as to damages, payment of the price or otherwise, as the Court may deem just, and the application of the plaintiff may be made at any time before the decree.",
"name": "Specific performance",
"related_acts": "36",
"section_id": 59
},
{
"act_id": 150,
"details": "59.(1) Where there is a breach of warranty by the seller, or where the buyer elects or is compelled to treat any breach of a condition on the part of the seller as a breach of warranty, the buyer is not by reason only of such breach of warranty entitled to reject other goods; but he may (a) \tset up against the seller the breach of warranty in diminution or extinction of the price; or (b) \tsue the seller for damages for breach of warranty. (2) The fact that a buyer has set up a breach of warranty in diminution or extinction of the price does not prevent him from suing for the same breach of warranty if he has suffered further damage.",
"name": "Remedy for breach of warranty",
"related_acts": "",
"section_id": 60
},
{
"act_id": 150,
"details": "60. Where either party to a contract of sale repudiates the contract before the date of delivery, the other may either treat the contract as subsisting and wait till the date of delivery, or he may treat the contract as rescinded and use for damages for the breach.",
"name": "Repudiation of contract before due date",
"related_acts": "",
"section_id": 61
},
{
"act_id": 150,
"details": "61. (1) Nothing in this Act shall affect the right of the seller or the buyer to recover interest or special damages in any case where by law interest or special damages may be recoverable, or to recover the money paid where the consideration for the payment of it has failed. (2) In the absence of a contract to the contrary, the Court may award interest at such rate as it thinks fit on the amount of the price- (a) \tto the seller in a suit by him for the amount of the price-from the date of the tender of the goods or from the date on which the price was payable; (b) \tto the buyer in a suit by him for the refund of the price in a case of a breach of the contract on the part of the seller- from the date on which the payment was made.",
"name": "Interest by way of damages and special damages",
"related_acts": "",
"section_id": 62
},
{
"act_id": 150,
"details": "62. Where any right, duty or liability would arise under a contract of sale by implication of law, it may be negatived or varied by express agreement or by the course of dealing between the parties, or by usage, if the usage is such as to bind both parties to the contract.",
"name": "Exclusion of implied terms and conditions",
"related_acts": "",
"section_id": 63
},
{
"act_id": 150,
"details": "63. Where in this Act any reference is made to a reasonable time, the question what is a reasonable time is a question of fact",
"name": "Reasonable time a question of fact",
"related_acts": "",
"section_id": 64
},
{
"act_id": 150,
"details": "64. In the case of a sale by auction- (1) \twhere goods are put up for sale in lots, each lot is prima facie deemed to be the subject of a separate contract of sale; (2) \tthe sale is complete when the auctioneer announces its completion by the fall of the hammer or in other customary manner; and, until such announcement is made, any bidder may retract his bid; (3) \ta right to bid may be reserved expressly by or on behalf of the seller and, where such right is expressly so reserved, but not otherwise, the seller or any one person on his behalf may, subject to the provisions hereinafter contained, bid at the auction; (4) \twhere the sale is not notified to be subject to a right to bid on behalf of the seller, it shall not be lawful for the seller to bid himself or to employ any person to bid at such sale, or for the auctioneer knowingly to take any bid from the seller or any such person; and any sale contravening this rule may be treated as fraudulent by the buyer; (5) \tthe sale may be notified to be subject to a reserved or upset price; (6) \tif the seller makes use of pretended bidding to raise the price, the sale is voidable at the option of the buyer.",
"name": "Auction sale",
"related_acts": "",
"section_id": 65
},
{
"act_id": 150,
"details": "264A. In the event of any duty of customs or excise or tax on any goods being imposed, increased, decreased or remitted after the making of any contract for the sale of such goods without stipulation as to the payment of duty or tax where duty or tax was not chargeable at the time of the making of the contract, or for the sale of such goods duty-paid or tax-paid where duty or tax was chargeable at the time,- (a) \tif such imposition or increase so takes effect that the duty or tax or increased duty or tax, as the case may be, or any part thereof, is paid, the seller may add so much to the contract price as will be equivalent to the amount paid in respect of such duty or tax or increase of duty or tax, and he shall be entitled to be paid and to sue for and recover such addition, and (b) \tif such decrease or remission so takes effect that the decreased duty or tax only or no duty or tax, as the case may be, is paid, the buyer may deduct so much from the contract price as will be equivalent to the decrease of duty or tax or remitted duty or tax, and he shall not be liable to pay, or be sued for or in respect of, such deduction. Explanation. The word \"tax\" in this section means the tax payable under the Sales Tax Act,1951.",
"name": "In contracts of sale amount of increased or decreased duty or tax to be added, or deducted",
"related_acts": "",
"section_id": 66
},
{
"act_id": 150,
"details": "65. Repealed by section 2 and Schedule of the Repealing Act, 1938 (Act No. I of 1938).",
"name": "Repealed",
"related_acts": "",
"section_id": 67
},
{
"act_id": 150,
"details": "66.(1) Nothing in this Act or in any repeal effected thereby shall affect or be deemed to affect- (a) \tany right, title, interest, obligation or liability already acquired, accrued or incurred before the commencement of this Act, or (b) \tany legal proceedings or remedy in respect of any such right, title, interest, obligation or liability, or (c) \tanything done or suffered before the commencement of this Act, or (d) \tany enactment relating to the sale of goods which is not expressly repealed by this Act, or (e) \tany rule of law not inconsistent with this Act. (2) The rules of insolvency relating to contracts for the sale of goods shall continue to apply thereto, notwithstanding anything contained in this Act. (3) The provisions of this Act relating to contracts of sale do not apply to any transaction in the form of a contract of sale which is intended to operate by way of mortgage, pledge, charge or other security.",
"name": "Savings",
"related_acts": "",
"section_id": 68
}
],
"text": "An Act to define and amend the law relating to the sale of goods. WHEREAS it is expedient to define and amend the law relating to the sale of goods; It is hereby enacted as follows:-"
} |
{
"id": 151,
"lower_text": [
"1 Throughout this Act, except otherwise provided the words \"Bangladesh\" and \"Government\" were substituted, for the words \"Pakistan\" and \"Central Government\" respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 Clause (a) was substituted, for clause (a) by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The word \"Pakistan\" was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"4 The words \"forty four poisha\" were substituted, for the words \"seven annas\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"5 The words \"thirty-one poisha\" were substituted, for the words \"five annas\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Lac Cess Act, 1930",
"num_of_sections": 13,
"published_date": "25th July, 1930",
"related_act": [
354,
189,
430,
151
],
"repelled": false,
"sections": [
{
"act_id": 151,
"details": "1. (1) This Act may be called the Lac Cess Act, 1930. (2) It extends to the whole of Bangladesh. (3) It shall come into force on such date as the Government may, by notification in the official Gazette, appoint.",
"name": "Short title, extent and commencement",
"related_acts": "151",
"section_id": 1
},
{
"act_id": 151,
"details": "2. In this Act- 2(a)\t\"Collector\" means a Collector of Customs appointed under section 3 of the Customs Act, 1969; (b)\t\"the Committee\" means the 3* * * Food and Agriculture Committee set up under sub-section (1) of section 5A of the Agricultural Produce Cess Act, 1940, or any body which replaces the said Committee under sub-section (2) of that section; (c)\t\"lac\" includes any form of manufactured or unmanufactured lac other than refuse lac; (d)\t\"lac cess\" means the customs duty imposed by section 3.",
"name": "Definition",
"related_acts": "354,189",
"section_id": 2
},
{
"act_id": 151,
"details": "3. There shall be levied and collected on all lac and refuse lac exported from Bangladesh a cess at the rate of 4forty-four poisha per maund in the case of lac, and 5thirty-one poisha per maund in the case of refuse lac. or at such other rate as the Government may, by notification in the official Gazette, prescribe.",
"name": "Imposition of lac cess",
"related_acts": "",
"section_id": 3
},
{
"act_id": 151,
"details": "4. Omitted by section 7 of the Lac Cess (Amendment) Act, 1950 (Act No. XX of 1950).",
"name": "Omitted",
"related_acts": "",
"section_id": 4
},
{
"act_id": 151,
"details": "5. Omitted by section 7",
"name": "Omitted",
"related_acts": "",
"section_id": 5
},
{
"act_id": 151,
"details": "5A. Omitted by section 7 of the Lac Cess (Amendment) Act, 1950 (Act No. XX of 1950).",
"name": "Omitted",
"related_acts": "",
"section_id": 6
},
{
"act_id": 151,
"details": "6. (1) At the close of each month or as soon thereafter as may be convenient, the Collector shall pay the proceeds of the lac cess, after deducting the expenses of collection (if any), to the Committee. (1A) Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973). (2) The Committee shall adopt such measures as it may consider necessary or expedient for the improvement of development of methods of cultivating, manufacturing and marketing lac.",
"name": "Application of the lac cess",
"related_acts": "430",
"section_id": 7
},
{
"act_id": 151,
"details": "7. Omitted by section 9 of the Lac Cess (Amendment) Act. 1950 (Act No. XX of 1950).",
"name": "Omitted",
"related_acts": "",
"section_id": 8
},
{
"act_id": 151,
"details": "8. The Government may, after previous publication, make rules to carry out the purposes of this Act.",
"name": "Power of Government to make rules",
"related_acts": "",
"section_id": 9
},
{
"act_id": 151,
"details": "9. Omitted by section 11 of the Lac Cess (Amendment) Act, 1950 (Act No. XX of 1950).",
"name": "Omitted",
"related_acts": "",
"section_id": 10
},
{
"act_id": 151,
"details": "10. All rules made under section 8 shall be published in the official Gazette.",
"name": "Publication of rules",
"related_acts": "",
"section_id": 11
},
{
"act_id": 151,
"details": "11. Repealed by section 2 and Schedule of the Repealing Act, 1938 (Act No. I of 1938).",
"name": "Repealed",
"related_acts": "",
"section_id": 12
},
{
"act_id": 151,
"details": "12. Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 13
}
],
"text": "1♣An Act to provide for financing a Committee for the improvement and development of the cultivation, manufacture and marking of lac. WHEREAS it is expedient to provide for financing a Committee for the improvement and development of the cultivation, manufacture and marking of lac; It is hereby enacted as follows:-"
} |
{
"id": 152,
"lower_text": [
"1 The word \"Bangladesh\" was substituted, for the word \"Pakistan\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Hindu Gains of Learning Act, 1930",
"num_of_sections": 4,
"published_date": "25th July, 1930",
"related_act": [
152,
430
],
"repelled": false,
"sections": [
{
"act_id": 152,
"details": "1. (1) This Act may be called the Hindu Gains of Learning Act, 1930. (2) It extends to the whole of 1Bangladesh.",
"name": "Short title and extent",
"related_acts": "152",
"section_id": 1
},
{
"act_id": 152,
"details": "2. In this Act, unless there is anything repugnant in the subject or context,- (a) \t\"acquirer\" means a member of a Hindu undivided family, who acquired gains of learning; (b) \t\"gains of learning\" means all acquisitions of property made substantially by means of learning, whether such acquisitions be made before or after the commencement of this Act and whether such acquisitions be the ordinary or the extraordinary result of such learning; and (c) \t\"learning\" means education, whether elementary, technical, scientific, special or general, and training of every kind which is usually intended to enable a person to pursue any trade, industry, profession or a vocation in life.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 152,
"details": "3. Notwithstanding any custom, rule or interpretation of the Hindu Law, no gains of learning shall be held not to be the exclusive and separate property of the acquirer merely by reason of- (a) \this learning having been, in whole or in part, imparted to him by any member, living or deceased, of his family, or with the aid of the joint funds of his family, or with the aid of the funds of any member thereof, or (b) \thimself of his family having, while he was acquiring his learning, been maintained of supported, wholly or in part, by the joint funds of his family, or by the funds of any member thereof.",
"name": "Gains of learning not to be held not to be separate property of acquirer merely for certain reasons",
"related_acts": "",
"section_id": 3
},
{
"act_id": 152,
"details": "4. This Act shall not be deemed in any way to affect- (a) \tthe terms or incidents of any transfer of property made or effected before the commencement of this Act, (b) \tthe validity, invalidity, effect or consequences of anything already suffered or done before the commencement of this Act, (c) \tany right or liability created under a partition, or an agreement for a partition, of joint family property made before the commencement of this Act, or (d) \tany remedy or proceeding in respect of such right or liability; or to render invalid or in any way affect anything done before the commencement of this Act in any proceeding pending in a Court at such commencement; and any such remedy and any such proceeding as is herein referred to may be enforced, instituted or continued, as the case may be, as if this Act had not been passed.",
"name": "Savings",
"related_acts": "",
"section_id": 4
}
],
"text": "An Act to remove doubt as to the rights of a member of a Hindu undivided family in property acquired by him by means of his learning. WHEREAS it is expedient to remove doubt, and to provide an uniform rule, as to the rights of a member of a Hindu undivided family in property acquired by him by means of his learning; It is hereby enacted as follows:-"
} |
{
"id": 153,
"lower_text": [],
"name": "The Mussalman Wakf Validating Act, 1930",
"num_of_sections": 2,
"published_date": "25th July, 1930",
"related_act": [
153,
101
],
"repelled": false,
"sections": [
{
"act_id": 153,
"details": "1. This Act may be called the Mussalman Wakf Validating Act, 1930.",
"name": "Short title",
"related_acts": "153",
"section_id": 1
},
{
"act_id": 153,
"details": "2. The Mussalman Wakf Validating Act, 1913, shall be deemed to apply to wakfs created before its commencement: Provided that nothing herein contained shall be deemed in any way to affect any right, title, obligation or liability already acquired, accrued or incurred before the commencement of this Act.",
"name": "Act VI of 1913 to apply retrospectively",
"related_acts": "101",
"section_id": 2
}
],
"text": "An Act to give retrospective effect to the Mussalman Wakf Validating Act, 1913. WHEREAS the Mussalman Wakf Validating Act, 1913, does not apply to wakfs created before its enactment; AND WHEREAS it is expedient to validate such wakfs without infringing any rights contrary thereto which may have already accrued or been acquired; It is hereby enacted as follows:-"
} |
{
"id": 154,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the words \"Bangladesh\" and \"Government\" were substituted, for the words \"East Pakistan\" or \"\"Pakistan\" and \"Provincial Government\" respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"2 The word \"Bengal\" was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The words \"Bangladesh Bank\" were substituted, for the words \"State Bank of Pakistan\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"4 The word \"Parliament\" was substituted, for the words \"the East Pakistan Provincial Assembly\" and \"the Assembly\" respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"5 The word \"Parliament\" was substituted, for the words \"the East Pakistan Provincial Assembly\" and \"the Assembly\" respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"6 The word \"Bangladesh\" was substituted, for the words \"the Province\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"7 The word \"Parliament\" was substituted, for the words \"the East Pakistan Provincial Assembly\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"8 The word \"Parliament\" was substituted, for the words \"the East Pakistan Provincial Assembly\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"9 The word \"Parliament\" was substituted, for the words \"the East Pakistan Provincial Assembly\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"10 The word \"Bangladesh\" was substituted, for the words \"the Province\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"11 The word \"Taka\" was substituted, for the word \"rupee\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"12 The words \"Penal Code\" were substituted, for the words \"Pakistan Penal Code\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"13 Clauses (c) and (d) were omitted by the Schedule IV of the Government of India (Adaptation of Indian Laws) Order, 1937"
],
"name": "The State Aid to Industries Act, 1931",
"num_of_sections": 32,
"published_date": "22nd October, 1931",
"related_act": [
154,
430
],
"repelled": false,
"sections": [
{
"act_id": 154,
"details": "1. (1) This Act may be called the 2* * * State Aid to Industries Act, 1931. (2) It extends to the whole of Bangladesh. (3) It shall come into force on such date as the Government may, by notification, appoint.",
"name": "Short title, local extent and commencement",
"related_acts": "154",
"section_id": 1
},
{
"act_id": 154,
"details": "2. In this Act, unless there is anything repugnant in the subject or context,- (1)\t\"Board\" means the Board of Industries established under section 3; (2)\t\"Chairman\" means the Chairman of the Board; (3)\t\"Director\" means the Director of Industries, Bangladesh, and includes any person appointed by the Government to discharge the functions of the Director under this Act; (4)\t\"Industry\" means any industrial business or enterprise, including agriculture, undertaken or conducted by any person; (5)\t\"machinery\" includes plant, apparatus, tools and other appliances required for carrying on any industrial operation or process; (6)\t\"notification\" means a notification published in the official Gazette; (7)\t\"owner\" means the person who owns any industrial undertaking, and includes the successors-in-interest of such person in respect of such undertaking; and (8)\t\"prescribed\" means prescribed by rules under this Act.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 154,
"details": "3.(1) The Government shall, as soon as possible after the commencement of this Act, establish a Board to be called \"the Board of Industries\", for carrying out the purposes of this Act, and consisting of the following members, namely:- (a)\ttwo non-official members to be appointed by the Government; (b)\tone member, being an employee of the 3Bangladesh Bank to be appointed by Government; (c)\ttwo members to be elected by the 4Parliament from among the members of 5Parliament; (d)\tone member to be appointed by the Government from the panel of names submitted (in the prescribed manner) by the different registered Chambers of Commerce and Industry at Chittagong; (e)\tone member to be appointed by the Government from the panel of names submitted (in the prescribed manner) by the different registered Chambers of Commerce and Industry at Dhaka and Narrayanganj; (f)\tone member to be appointed by the Government from the panel of names submitted (in the prescribed manner) by different registered Chambers of Commerce and Industries in 6Bangladesh other than those mentioned in clauses (d) and (e); (g)\tthe Director: Provided that the Board shall have power to co-opt for the discussion of any particular question before it not more than three members specially qualified to advise on the matter in question or having special knowledge of local conditions in the area where the industry in question is situate. Explanation.In this sub-section \"registered\" means registered under section 26 of the Companies Act, 1913. (2) The Director shall be, ex-officio, Secretary to the Board.",
"name": "Establishment of a Board of Industries",
"related_acts": "",
"section_id": 3
},
{
"act_id": 154,
"details": "4. If, by such date as may be fixed by the Government, 7Parliament referred to in clause (c) of sub-section (1) of section 3 does not elect the members to be elected by it under the provisions of that section, the Government shall appoint Suitable persons as members from amongst the members of 8Parliament, and any person so appointed shall be deemed to be a member as if he had been duly elected by the 9Parliament failing to elect a member under the said provision.",
"name": "Procedure in default of election of members",
"related_acts": "",
"section_id": 4
},
{
"act_id": 154,
"details": "5. The Board may from time to time elect, for such periods, respectively, as it thinks fit, two of its members to be Chairman and Vice-Chairman.",
"name": "Chairman and Vice-Chairman",
"related_acts": "",
"section_id": 5
},
{
"act_id": 154,
"details": "6. The names of the Chairman and Vice-Chairman and of the appointed and elected members of the Board shall be published by the Government in the official Gazette.",
"name": "Elections and appointment to be notified in Gazette",
"related_acts": "",
"section_id": 6
},
{
"act_id": 154,
"details": "7. (1) The Chairman may resign his office by giving notice in writing to the Board; and on such resignation being accepted, shall be deemed to have vacated his office. (2) The Vice-Chairman and any other appointed or elected member may resign his office by giving notice in writing to the Chairman; and, on such resignation being accepted by the chairman, shall be deemed to have vacated his office. (3) Subject to the provisions of this Act, the appointed or elected members shall hold office for a term of three years and may, on the expiration of such term be re-appointed or re-elected. (4) Notwithstanding the expiration of the term of three years mentioned in sub-section (3), an appointed or elected member shall continue to hold office until the vacancy caused by the expiration of the said term has been filled.",
"name": "Term of office",
"related_acts": "",
"section_id": 7
},
{
"act_id": 154,
"details": "8. (1) The Government may, by notification, remove the Chairman, Vice-Chairman or any member of a Board if he- (a)\tis absent without leave for more than four months continuously from the jurisdiction of the Board; (b)\trefuses to act or becomes incapable of acting as a member of the Board; (c)\tis declared insolvent; (d)\tis convicted of any such offence or is subjected by a criminal court to any such order as in the opinion of the Government implies a defect of character which unfits him to continue to be a Chairman, Vice-Chairman or member of a Board; or (e)\twithout excuse sufficient in the opinion of the Government, is absent without the consent of the Board from more than four consecutive meeting of the Board. (2) The Government may fix a period during which any person so removed shall not be eligible for re-appointment or re-election.",
"name": "Removal of members",
"related_acts": "",
"section_id": 8
},
{
"act_id": 154,
"details": "9. When the place of an appointed or elected member of a Board becomes vacant by his removal, resignation or death, a new member shall be appointed or elected in the manner provided in section 3, and shall hold office so long as the member whose place he fills would have been entitled to hold office if such vacancy had not occurred: Provided that no act of the Board, or of its officers, shall be deemed to be invalid by reason only that the number of members of the Board at the time of the performance of such act was less than the number provided by section 3.",
"name": "Casual vacancies",
"related_acts": "",
"section_id": 9
},
{
"act_id": 154,
"details": "10. The members and staff of the Board and the members of Committees appointed by the Board shall be paid travelling and daily allowances of the prescribed amount and on the prescribed conditions for attending meetings of the Board, and may also be paid fees of the prescribed amount and on the prescribed conditions for attending meetings of the Board, or for performing any duty assigned to them by the Board for the purposes of this Act.",
"name": "Allowances and fees",
"related_acts": "",
"section_id": 10
},
{
"act_id": 154,
"details": "11.(1) The Chairman, or, in his absence, the Vice-Chairman, shall preside at every meeting of the Board, and shall have a second or casting vote in all cases of equality of votes. (2) In the absence of both the Chairman and Vice-Chairman, the members present at any meeting may elect one of their number to preside, who shall have a second or casting vote in all cases of equality of votes.",
"name": "President at meetings",
"related_acts": "",
"section_id": 11
},
{
"act_id": 154,
"details": "12. No member of a Board shall vote on any question coming before the Board for consideration in which (other wise than in its general application to all persons and properties within 10Bangladesh) he has a pecuniary interest.",
"name": "Interested members not to vote",
"related_acts": "",
"section_id": 12
},
{
"act_id": 154,
"details": "13. (1) The Chairman, with the consent of the Board, may authorize the Vice-Chairman by an order in writing to exercise any of the powers conferred or to perform any of the duties imposed on the Chairman by this Act, and thereupon the responsibility of the Chairman in respect of such powers and duties shall devolve upon the Vice-Chairman during the continuance of such order. (2) When the office of Chairman is vacant, the Vice-Chairman shall exercise the functions of the Chairman until a new Chairman is appointed.",
"name": "Delegation of functions of Chairman",
"related_acts": "",
"section_id": 13
},
{
"act_id": 154,
"details": "14.(1) The Board may make regulations in regard to the following matters, namely:- (i)\tthe time and place of its meetings; (ii)\tthe manner in which notice of meetings shall be given; (iii)\tthe conduct of proceedings at meetings; (iv)\tthe division of duties among the members of the Board; (v)\tthe appointment, duties and procedure of special committees consisting wholly of members of the Board or party of such members and partly of other persons; and (vii) generally, the carrying out of the purposes of this \tAct. (2) Any regulation made under sub-section (1) which is repugnant to the provisions of any rule made under section 32 shall, to the extent of such repugnancy, but not otherwise, be void.",
"name": "Power of Board to make regulations",
"related_acts": "",
"section_id": 14
},
{
"act_id": 154,
"details": "15.(1) If at any time it appears to the Government that the Board is not properly performing the duties imposed upon it by or under this Act, the Government may, after considering any explanation offered by the Board, by an order in writing specifying the reasons for so doing, remove all appointed and elected members of such Board and direct that the vacancies shall thereupon be filled by election in respect of elected members and by appointment in respect of appointed members or that all the vacancies shall be filled by appointment. (2) From the date of an order under sub-section (1) until the vacancies are filled, all powers and duties of the Board shall be exercised and performed by such person, in such manner, as the Government may direct.",
"name": "Suppression of Board",
"related_acts": "",
"section_id": 15
},
{
"act_id": 154,
"details": "16. It shall be the duty of the Board to receive, and, after such inquiry, if any, as it deems necessary or may be required by this Act to report to the Government upon applications for State aid, to frame complete schemes and programmes for such State action as the Board considers necessary for the steady and progressive development of industries for the consideration of the Government and to advice the Government on any other matter that may be referred to it.",
"name": "Duty of Board",
"related_acts": "",
"section_id": 16
},
{
"act_id": 154,
"details": "17. If the Government so directs, the Chairman shall forward to the Government any document and prepare and submit any report elating to the work of the Board.",
"name": "Documents and reports to be furnished to the Government",
"related_acts": "",
"section_id": 17
},
{
"act_id": 154,
"details": "18. Omitted by Schedule IV of the Government of India (Adaptation of Indian Laws) Order, 1937.",
"name": "Omitted",
"related_acts": "",
"section_id": 18
},
{
"act_id": 154,
"details": "19.(1) Subject to the provisions of section 21, the Government on the recommendation of the Board may grant State aid to an industry in all or any of the following forms, namely:- (a)\tthe grant of a loan to be secured and repaid in the prescribed manner and upon such terms as may be fixed by the order granting it: Provided that no such loan shall exceed fifty per cent. of the net value of the assets of the industry to which it is granted after deducting all encumbrances thereon existing at the time when an application is made under section 16. Such value shall be ascertained by the Board in the prescribed manner: Provided also that every such loan shall, unless the Government, for reasons to be recorded in writing, otherwise directs, be repayable within not more than ten or where the whole loan is secured on land or buildings or both within not more than twenty years after the date of the advance of the loan or, where the loan is advanced in instalments, after the date advance of the last instalment: Provided also that the Government, for reasons to be recorded in writing, may, on the application of the owner of an industry to which such loan has been granted, in exceptional cases, vary the terms fixed by the order granting the loan; (b)\tthe guarantee of a cash credit, overdraft, or fixed advance with a bank to be secured and the amount realised thereunder by any industry to be repaid in the prescribed manner; (c)\tthe taking of shares and debentures: Provided that the amount paid by the Government for such shares and debentures shall not exceed the amount already paid by other persons for shares and debentures in the same industry; (d)\tthe guarantee of interest on preference shares or debentures to be secured and the amount realised thereunder by any industry to be repaid in the prescribed manner; (e)\tthe guarantee of a minimum return of the whole or part of the capital of a joint stock company to be secured and the amount realised thereunder by any industry to be repaid in the prescribed manner; (f)\tthe grant on favourable terms of land, raw material, firewood, water or any other property vested in the Government. (g)\tthe payment of a subsidy for- (i)\tthe conduct of research; (ii)\tthe purchase of machinery; and (h)\tsubject to the prescribed conditions, the supply machinery on the hire-purchase system. (2) In the case of the grant of any of the forms of State aid specified in clauses (f) and (g) of sub-section (1),the Government shall ordinarily in the order granting such aid fix a period of years and a rate of interest on the capital invested in the industry so aided, and, if within such period the industry pays a rate of interest or a dividend in excess of the rate so fixed, the value of the aid granted, as ascertained by the prescribed authority in the prescribed manner, shall be paid at the expiration of the said period by the owner of the industry to the Government. (3) In no case shall be total value of all State aid granted to an industry, as ascertained by the prescribed persons in the prescribed manner, exceed the limit specified in the first proviso to clause (a) of sub-section (1).",
"name": "Forms of State aid",
"related_acts": "",
"section_id": 19
},
{
"act_id": 154,
"details": "20. Omitted by Schedule IV of the Government of India (Adaptation of Indian Laws) Order, 1937.",
"name": "Omitted",
"related_acts": "",
"section_id": 20
},
{
"act_id": 154,
"details": "21. State aid may be given- (a)\tin any of the forms specified in sub-section (1) of section 19 to (i)\ta new or nascent industry, (ii)\tan industry to be newly established in an area where such industries are undeveloped, and (iii)\ta cottage industry, including industries conducted by groups or organisations of artisans; (b)\tin the forms specified in clauses (b) and (g) (i) of the said sub-section to any industry except agriculture; and (c)\tin the forms specified in clause (h) of the said sub-section, to agriculture: Provided that no State aid shall be given to any joint stock company unless the company is registered in Bangladesh with a 11Taka capital, and the Government approves the composition of the Board of Directors of the company: Provided further that every recipient of State aid shall make such provision for the training of apprentices as may be prescribed.",
"name": "Industries which may be aided",
"related_acts": "",
"section_id": 21
},
{
"act_id": 154,
"details": "22. The owner of any industry- (i)\twhen an application has been made for State aid to such industry; or (ii)\tduring the continuance of State aid to such industry in any of the forms specified in clauses (a), (b), and (c), (d) and (e) of sub-section (1) of section 19 shall (a)\tcomply with any general or special order of the Government relating to the inspection of the premises, buildings or plant or stock-in-trade, employed, or to be employed, for the purposes of the industry; (b)\tpermit the inspection by the prescribed person of all accounts relating to the industry; (c)\tsubmit the accounts relating to the industry to such audit as may be prescribed; (d) \tfurnish in the prescribed manner to the prescribed person full returns of all products manufactured and sold both as regards description and quantity; (e)\tmaintain such special accounts as may be prescribed; and (f)\tfurnish such statements as the Government may require.",
"name": "Inspection and returns",
"related_acts": "",
"section_id": 22
},
{
"act_id": 154,
"details": "23. (1) During the continuance of State aid to any industry under section 19 the profits of such industry shall, if distributed, be distributed only after interest due on debentures and loans has been paid and an amount reasonable in the opinion of the Government has been set aside for depreciation or obsolescence of plant and buildings and a further amount which shall not be less than twenty-five per cent. of the net surplus available after provision for depreciation or obsolescence has been carried to a reserve fund to be utilised in the prescribed manner and payment made to a sinking fund for the purpose of repayment in the prescribed manner of any loan granted under the provision of clause (a) of sub-section (1) of section 19 or of any sum guaranteed by the Government under the provisions of clauses (b), (d) or (e) of that sub-section. (2) No dividend shall be paid to shareholders and no profit shall be taken by the owner in excess of such percentage rate upon the amount of the paid-up capital invested in the industry as the Government may fix from time to time, during the continuance of State aid to the industry.",
"name": "Disposal of profit during continuance of State aid",
"related_acts": "",
"section_id": 23
},
{
"act_id": 154,
"details": "24. The Board shall have power to receive donations, endowments or contributions from the public on such conditions as may be approved by the Government.",
"name": "Power of Board to receive donation, etc.",
"related_acts": "",
"section_id": 24
},
{
"act_id": 154,
"details": "25. All arrears of monies payable to the Government under this Act, including any interest chargeable thereon and costs, if any, incurred, shall be recoverable as a public demand.",
"name": "Method of recovery of money due",
"related_acts": "",
"section_id": 25
},
{
"act_id": 154,
"details": "26. If the Government decides for reasons to be recorded in writing to terminate aid in respect of an industry on any of the following grounds, namely:- (i)\tthat any portion of the aid given has been misapplied, or (ii)\tthat there has been a breach by the owner of the industry of the provisions of this Act or of any rule made thereunder or of any condition of the grant, or (iii)\tthat the application on which the aid has been granted contained, or was accompanied by, any material statement by the owner which he knew to be false, or any intentional concealment by him of any material fact, which in the opinion of the Government it was his duty to disclose, or that any such false statement or concealment was intentionally made in any inquiry made under this Act by or with the connivance of the owner or in any return under this Act, or in reply to any requisition for information under this Act, or (iv)\t\tthat the industry is being managed in such a \tmanner as to endanger the repayment of the \tvalue of State aid granted thereto repayable \tunder this Act, the Government may make an order that the aid be terminated and, notwithstanding anything contained elsewhere in this Act or in any other enactment, may proceed to recover from the owner as a public demand (a)\tthe whole amount of any loan outstanding, together with such interest as may be due thereon, or (b)\tin cases where the aid is given otherwise than by loan, the money value of the grant as fixed at the time when it was made, together with interest at a rate not exceeding twelve and a half per cent. from the date of the grant till the date of realisation, and (c)\tin the cases mentioned in clause (a) or clause (b) the cost of recovery, and, if the Government so directs, the cost of any inquiry made in connection therewith, and such order shall be final.",
"name": "Power to Government to terminate aid on account of fault",
"related_acts": "",
"section_id": 26
},
{
"act_id": 154,
"details": "27. The Government may charge in respect Fees of applications, inquiries, inspection and audit by whomsoever made under this Act, such fees, if any, as may be prescribed.",
"name": "Fees",
"related_acts": "",
"section_id": 27
},
{
"act_id": 154,
"details": "28. During this continuance of State aid to an industry in any of the forms specified in clauses (a), (b), (d) and (e) of sub-section (1) of section 19 the Government may, by appointing directors or inspectors, or otherwise, take such steps as it deems advisable so to control the conduct of the industry as to safeguard the interest of the Government therein.",
"name": "Supervision of assisted industry",
"related_acts": "",
"section_id": 28
},
{
"act_id": 154,
"details": "29. All sums payable under this Act shall, unless otherwise provided therein, be recoverable as if they were public demands.",
"name": "Recovery of sums due",
"related_acts": "",
"section_id": 29
},
{
"act_id": 154,
"details": "30. Every person who acts on behalf of the Government or the Board under this Act (including every person who conducts an inquiry under this Act) shall be deemed to be a public servant within the meaning of section 21 of the 12Penal Code and no suit, prosecution or other legal proceeding shall lie against any such or any other person for anything which is in good faith done or intended to be done under this Act.",
"name": "Powers and protection of persons acting under this Act",
"related_acts": "",
"section_id": 30
},
{
"act_id": 154,
"details": "31. The decision of the Government as to whether the conditions imposed by or under any of the provisions of this Act have been satisfied shall be final.",
"name": "Finality of decision of Government",
"related_acts": "",
"section_id": 31
},
{
"act_id": 154,
"details": "32. (1) The Government may, by notification, make rules for carrying out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any to the following matters, namely:- (a)\tthe manner of submitting names referred to in clauses (d), (e) and (f) of sub-section (1) of section 3; (b)\tthe payment of travelling and daily allowances and fees referred to in section 10 and the condition of such payment; 13* * * (e)\tthe manner of securing and repaying the loans referred to in clause (a) of sub-section (1) of section 19; (f)\tthe manner of ascertaining the value of the assets referred to in clause (a) of sub-section (1) of section 19; (g)\tthe manner of securing and repaying the amounts referred to in clauses (b), (d) and (e) of sub-section (1) of section 19; (h)\tthe conditions of the supply of machinery on the hire- purchase system under clause (h) of sub-section (1) of section 19; (i)\tthe authority by which and the manner in which the values referred to in sub-sections (2) and (3) of section 19 shall be ascertained; (j)\tthe provision for training referred to in the second proviso to section 21; (k)\tthe person referred to in sub-section (b) of clause (ii) of section 22; (l)\tthe audit referred to in sub-clause (c) of clause (ii) of section 22; (m)\tthe person to whom and the manner in which the returns referred to in sub-clause (d) of clause (ii) of section 22 shall be furnished; (n)\tthe accounts referred to in sub-clause (e) of clause (ii) of section 22; (o)\tthe manner of utilising the amount carried to a reserve fund under sub-section (1) of section 23 and the manner of repayment of any loan or any sum guaranted by the Government referred to in that sub-section; (p)\tthe fees referred to in section 27; and (q)\tgenerally, to regulate the conduct of its duties, the management of its proceedings, and the preparation and submission to the Government of the minutes thereof by the Board.",
"name": "Power of Government to make rules",
"related_acts": "",
"section_id": 32
}
],
"text": "1♣An Act to provide for the giving of State aid to industries in Bangladesh. WHEREAS it is expedient to make provision for the giving of State aid to industries in Bangladesh; * * * It is hereby enacted as follows:-"
} |
{
"id": 155,
"lower_text": [
"1 The words \"or ম ল্য সংযোজন কর বা সমঙ্ রক শুল্ক বা টার্ণওভার কর \" were substituted, for the words \"or sales tax\" by the Finance Act, 1997 (Act No. XV of 1997), section 2."
],
"name": "The Provisional Collection of Taxes Act, 1931",
"num_of_sections": 6,
"published_date": "28th September, 1931",
"related_act": [
155
],
"repelled": false,
"sections": [
{
"act_id": 155,
"details": "1. This Act may be called the Provisional Collection of Taxes Act, 1931",
"name": "Short title",
"related_acts": "155",
"section_id": 1
},
{
"act_id": 155,
"details": "2. In this Act, a \"declared provision\" means a provision in a Bill in respect of which a declaration has been made under section 3.",
"name": "Definition",
"related_acts": "",
"section_id": 2
},
{
"act_id": 155,
"details": "3. Where a Bill to be introduced in the Parliament on behalf of Government provides for the imposition or increase of a duty of customs or excise 1 or মূল্য সংযোজন কর বা সম্পূরক শুল্ক বা টার্ণওভার কর,the Government may cause to be inserted in the Bill a declaration that it is expedient in the public interest that any provision of the Bill relating to such imposition or increase shall have immediate effect under this Act.",
"name": "Power to make declarations under this Act",
"related_acts": "",
"section_id": 3
},
{
"act_id": 155,
"details": "4. (1) Subject to the provisions of sub-section (2), a declared provision shall have the force of law with immediate effect as if enacted on the day on which the Bill is introduced. (2) A declared provision shall cease to have the force of law under the provisions of this Act- (a)\twhen it comes into operation as an enactment, with or without amendment, or (b)\twhen the Government, in pursuance of a motion passed by the Parliament, directs, by notification in the official Gazette, that it shall cease to have the force of law, or (c)\tif it has not already ceased to have the force of law under clause (a) or clause (b) then on the expiry of the sixtieth day after the day on which the Bill containing it was introduced.",
"name": "Effect of declaration under this Act, and duration thereof",
"related_acts": "",
"section_id": 4
},
{
"act_id": 155,
"details": "5.(1) Where a declared provision comes into operation as an enactment in an amended form before the expiry of the sixtieth day after the day on which the Bill containing it was introduced, refunds shall be made of all duties or tax collected which would not have been collected if the provision adopted in the enactment had been the declared provision: Provided that the rate at which refunds of any duty or Tax may be made under this sub-section shall not exceed the difference between the rate of such duty or Tax proposed in the declared provision and the rate of such duty or Tax in force when the Bill was introduced. (2) Where a declared provision ceases to have the force of law under clause (b) or clause (c) of sub-section (2) of section 4 refunds shall be made of all duties or Tax collected which would not have been collected if the declaration in respect of it had not been made.",
"name": "Certain refunds to be made when declaration cease to have effect",
"related_acts": "",
"section_id": 5
},
{
"act_id": 155,
"details": "6. Repealed by section 2 and Schedule of the Repealing Act, 1938 (Act No. 1 of 1938).",
"name": "Repealed",
"related_acts": "",
"section_id": 6
}
],
"text": "♣An Act to amend the law providing for the immediate effect for a limited period of provisions in Bills relating to the imposition or increase of duties of customs or excise or মূল্য সংযোজন কর বা সম্পূরক শুল্ক বা টার্ণওভার কর . WHEREAS it is expedient to amend the law providing for the immediate effect for a limited period of provisions in Bills relating to the imposition or increases of duties of customs or excise or মূল্য সংযোজন কর বা সম্পূরক শুল্ক বা টার্ণওভার কর ; It is hereby enacted as follows:-"
} |
{
"id": 156,
"lower_text": [
"1 The word \"Bengal\" was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 Sub-section (1a) was inserted by section 3(2) of the Bengal Motor Vehicles Tax (Amendment) Act, 1932 (Act No. XIII of 1932)",
"3 Section 13A was inserted by section 9 of the Bengal Motor Vehicles Tax (Amendment) Act, 1932 (Act No. XIII of 1932)"
],
"name": "The Motor Vehicles Tax Act, 1932",
"num_of_sections": 18,
"published_date": "24th March, 1932",
"related_act": [
156,
430
],
"repelled": false,
"sections": [
{
"act_id": 156,
"details": "1. (1) This Act may be called the 1* * * Motor Vehicles Tax Act, 1932. (2) It shall come into force on such date as the Government may, by notification in the official Gazette, appoint. (3) It extends to the whole of Bangladesh.",
"name": "Short title, commencement and extent",
"related_acts": "156",
"section_id": 1
},
{
"act_id": 156,
"details": "2. In this Act, unless there is anything repugnant in the subject or context,- (1)\t\"certificate of registration\" means a certificate of registration of a motor vehicle issued under the Motor Vehicles Act, 1939; (2)\t\"registering authority\" means the authority empowered under the Motor Vehicles Act, 1939, to register motor vehicles; (3)\t\"motor vehicle\" includes a vehicle, carriage or other means of conveyance propelled or which may be propelled, on a road by electrical or mechanical power either entirely or partially; (4)\t\"prescribed\" means prescribed by rules made under this Act; (5)\t\"the tax\" means the tax imposed under this Act; and (6)\t\"Taxing Officer\" means an officer appointed under section 3.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 156,
"details": "3. The Government may, by notification in the official Gazette, appoint such persons or agency as it thinks fit to be Taxing Officers and may in such notification specify the areas within which such officers shall exercise the powers conferred and perform the duties imposed on them by or under this Act.",
"name": "Appointment of Taxing officers",
"related_acts": "",
"section_id": 3
},
{
"act_id": 156,
"details": "4. (1) A tax at the rate specified in the First Schedule shall be imposed on all motor vehicles kept for use in Bangladesh. 2(1a) A person who keeps a motor vehicle of which the certificate of registration is current shall for the purposes of this Act be deemed to keep such vehicle for use. (2) The tax imposed under sub-section (1) shall be payable for the year and in advance by the person who keeps a motor vehicle for use: Provided that a Taxing Officer may allow payment of the tax for one or more quarterly periods at the rate, for each such quarterly period of one quarter of the tax payable for the year. (3) If a Taxing Officer is satisfied that a motor vehicle has not been used for any complete calendar month in the year, he shall refund or remit in respect of the said vehicle one-twelfth of the tax payable for the year for every complete calendar month for which the said vehicle has not been used. (4) If any person fails to deliver a declaration or additional declaration in accordance with the provisions of section 6 the Taxing Officer may, after making such inquiry as he thinks fit, and after giving an opportunity to such person to be heard, if he so desires, require him to pay any tax or additional tax which the Taxing Officer may find such person liable to pay under the provisions of this Act and may also impose on him a penalty which may extend to half the amount of the tax to which he is found liable.",
"name": "Imposition of Tax",
"related_acts": "",
"section_id": 4
},
{
"act_id": 156,
"details": "5. When any person has paid the tax in respect of a motor vehicle he shall be entitled, on production of a certificate signed by the registering authority stating that- (a)\tthe certificate of registration and the registration card granted in respect of such vehicle has been surrendered, to a refund for each complete calendar month of the period for which such tax has been paid and which is unexpired on the date on which the certificate of registration was surrendered, of an amount equal to one-twelfth of the tax payable for the year in respect of such vehicle, or (b)\tan application for the registration or for the renewal of the registration of such vehicle has been refused, to a refund of the tax paid.",
"name": "Refund on surrender of registration certificate",
"related_acts": "",
"section_id": 5
},
{
"act_id": 156,
"details": "6. (1) Every person who keeps a motor vehicle for use shall fill up and sign a declaration in the prescribed form stating truly the prescribed particulars and shall deliver the declaration as so filled up and signed to the Taxing Officer and shall pay to the Taxing Officer the Tax which he appears by such declaration to be liable to pay in respect of such vehicle. (2) Where a motor vehicle is altered so as to render the person who keeps such vehicle for use liable to the payment of an additional tax under section 7, such person shall fill up and sign an additional declaration, in the prescribed form showing the nature of the alterations made and containing the prescribed particulars and shall deliver such additional declaration as so filled up and signed to the Taxing Officer and shall pay to the Taxing Officer the additional tax payable under section 7 which he appears by such additional declaration to be liable to pay in respect of such vehicle. (3) Every person who owns any motor vehicle which is let for hire otherwise than on a hire-purchase agreement shall, for the purposes of this Act, be deemed to be the person who keeps such vehicle for use.",
"name": "Declaration by person keeping a motor vehicle for use",
"related_acts": "",
"section_id": 6
},
{
"act_id": 156,
"details": "7. Where any motor vehicle in respect of which the tax has been paid is altered in such a manner as to cause the vehicle to become a vehicle in respect of which a higher rate of tax is payable, the person who keeps such vehicle for use shall be liable to pay an additional tax of a sum which is equal to the difference between the tax already paid in respect of such vehicle and the tax which is payable in respect of such vehicle after its being so altered, and the registering authority shall not grant a fresh certificate of registration or renew any certificate of registration in respect of such vehicle as so altered until such amount of tax has been paid.",
"name": "Payment of additional tax",
"related_acts": "",
"section_id": 7
},
{
"act_id": 156,
"details": "8. The Taxing Officer shall grant and deliver to every person, who pays to him the tax or additional tax in respect of any motor vehicle, a receipt in which shall be specified the particulars of the tax paid and such other particulars as may be prescribed.",
"name": "Receipt for tax",
"related_acts": "",
"section_id": 8
},
{
"act_id": 156,
"details": "9. (1) The Taxing Officer shall at the time of granting a receipt for the tax deliver to the person paying the tax a token of such form and containing such particulars as may be prescribed. (2) Every person to whom such token is delivered shall cause it to be exhibited in the prescribed manner on the vehicle in respect of which the tax is paid.",
"name": "Token to be exhibited on motor vehicles",
"related_acts": "",
"section_id": 9
},
{
"act_id": 156,
"details": "10. Omitted by 1st Schedule of East Pakistan Repealing and Amending Ordinance, 1962 (Ordinance No. XIII of 1962).",
"name": "Omitted",
"related_acts": "",
"section_id": 10
},
{
"act_id": 156,
"details": "11. Omitted by Schedule IV of the Government of India (Adaptation of Indian Laws) Order, 1937.",
"name": "Omitted",
"related_acts": "",
"section_id": 11
},
{
"act_id": 156,
"details": "12. (1) The Government may, subject to the condition of previous publication, make rules for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, the Government may make rules for all or any of the following purposes, namely:- (a)\tto prescribe the form of any declaration, certificate, receipt or token, the particulars to be stated therein the manner of exhibiting a certificate or token on a motor vehicle or trailer, and the condition in which such certificate or token shall be maintained, (b)\tto prescribe what shall be deemed to be a year or a quarterly period for the purposes of section 4, (c)\tto prescribe the powers and duties of the Taxing Officer and the registering authority, (d)\tto regulate the manner in which refunds or deductions or exemptions may be claimed, and (e)\tto regulate the method of assessing and recovering the tax. (3) All rules made under this section shall be published in the official Gazette.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 12
},
{
"act_id": 156,
"details": "13. Whoever- (a)\tKeeps for use a motor vehicle without having paid the tax or additional tax in respect of such vehicle, or (b)\tdelivers a declaration or additional declaration wherein the particulars required by or under this Act to be therein set forth are not fully and truly stated, shall be punishable with fine which may extend to one and a-half times, and, in the event of such person having been previously convicted of an offence under this Act or any rule made thereunder, with fine which any extend to twice the amount of the tax payable for the year for the motor vehicle in respect of which the offence is committed and the amount of any tax due shall also be recovered as if it were a fine.",
"name": "Penalties for certain offences",
"related_acts": "",
"section_id": 13
},
{
"act_id": 156,
"details": "313A. If a Taxing Officer is satisfied that in respect of any motor vehicle- (a)\ta declaration or additional declaration has not been delivered in accordance with the provisions of the section 6, within one month of the date on which such declaration or additional declaration was due, or (b)\tany tax or additional tax payable under this Act has not been paid within one month of the date on which such tax was payable, or (c)\tany penalty imposed under sub-section (4) of section 4 has not been paid within one month of the date on which such penalty was imposed; he may, notwithstanding anything contained in the Motor Vehicles Act, 1939, or any rules made thereunder, declare the certificate of registration of such motor vehicle to be suspended and such certificate shall thereupon be deemed to be suspended until the whole amount of tax and penalty, if any, due in respect of such motor vehicle has been paid.",
"name": "Suspension of the certificate of registration",
"related_acts": "",
"section_id": 14
},
{
"act_id": 156,
"details": "14. Whoever contravenes any of the provisions of this Act or of any rule made thereunder shall, if no other penalty is elsewhere provided in this Act for such contravention, be punishable with fine which may extend to one hundred Taka, and, in the event of such person having been previously convicted of an offence under this Act or any rule made thereunder, with fine which may extend to two hundred Taka.",
"name": "Other penalties",
"related_acts": "",
"section_id": 15
},
{
"act_id": 156,
"details": "15. No court inferior to that of a Magistrate of the second class shall try any offence punishable under this Act.",
"name": "Trial of offences",
"related_acts": "",
"section_id": 16
},
{
"act_id": 156,
"details": "16. The Government may, by notification in the official Gazette, exempt either totally or partially any motor vehicle or class of motor vehicle from the tax.",
"name": "Power of Government to exempt certain Motor Vehicles from the tax",
"related_acts": "",
"section_id": 17
},
{
"act_id": 156,
"details": "17. Repealed by section 3 and the Second Schedule of Bengal Repealing and Amending Act, 1946 (Act No. XVI of 1946).",
"name": "Repealed",
"related_acts": "",
"section_id": 18
}
],
"text": "♣An Act to provide for the imposition and levy of a tax on motor vehicles in Bangladesh. WHEREAS it is expedient to raise funds for additional expenditure on roads in Bangladesh and for that purpose to impose a tax on motor vehicles in Bangladesh; * * * It is hereby enacted as follows:-"
} |
{
"id": 157,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the words \"Bangladesh\", \"Government\" and \"Taka\" were substituted, for the words \"Pakistan\", \"Provincial Government\" and \"rupees\" or \"rupee\" respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"2 The words \"Penal Code\" were substituted, for the words \"Pakistan Penal Code\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 Sub-sections (3), (3A) and (3B) were substituted for sub-section (3) by section 2 of the Partnership (Amendment) Act, 1949 (Act No. V of 1949).",
"4 Sub-section (3) was substituted, for sub-section (3) by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"5 The words, brackets, commas and figure \"Insolvency (Dacca) Act, 1909, or the\" were substituted, for the words, brackets and comma \"Insolvency (Karachi Division and Dacca) Act, or the Provincial\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"6 The word \"Provincial\" was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)."
],
"name": "The Partnership Act, 1932",
"num_of_sections": 81,
"published_date": "8th April, 1932",
"related_act": [
58,
430,
86,
26,
157
],
"repelled": false,
"sections": [
{
"act_id": 157,
"details": "1. (1) This Act may be called the Partnership Act, 1932. (2) It extends to the whole of Bangladesh. (3) It shall come into force on the 1st day of October, 1932, except section 69, which shall come into force on the 1st day of October, 1933.",
"name": "Short title, extent and commencement",
"related_acts": "157",
"section_id": 1
},
{
"act_id": 157,
"details": "2. In this Act, unless there is anything repugnant in the subject or context,- (a)\tan \"act of a firm\" means any act or omission by all the partners, or by any partner or agent of the firm which gives rise to a right enforceable by or against the firm; (b)\t\"business\" includes every trade, occupation and profession; (c) \t\"prescribed\" means prescribed by rules made under this Act; (d) \t\"third party\" used in relation to a firm or to a partner therein means any person who is not a partner in the firm; and (e) \texpressions used but not defined in this Act and defined in the Contract Act, 1872, shall have the meanings assigned to them in that Act.",
"name": "Definitions",
"related_acts": "26",
"section_id": 2
},
{
"act_id": 157,
"details": "3. The unrepealed provisions of the Contract Act, 1872, save in so far as they are inconsistent with the express provisions of this Act, shall continue to apply to firms.",
"name": "Application of provisions of Act IX of 1872",
"related_acts": "26",
"section_id": 3
},
{
"act_id": 157,
"details": "4. \"Partnership\" is the relation between persons who have agreed to share the profits of a business carried on by all or any of them acting for all. Persons who have entered into partnership with one another are called individually \"partners\" and collectively \"a firm\", and the name under which their business is carried on is called the \"firm name\".",
"name": "Definition of \"partnership\", \"partner\", \"firm\" and \"firm name\"",
"related_acts": "",
"section_id": 4
},
{
"act_id": 157,
"details": "5. The relation of partnership arises from contract and not from status; and, in particular, the members of a Hindu undivided family carrying on a family business as such, or a Burmese Buddhist husband and wife carrying on business as such are not partners in such business.",
"name": "Partnership not created by status",
"related_acts": "",
"section_id": 5
},
{
"act_id": 157,
"details": "6. In determining whether a group of persons is or is not a firm, or whether a person is or is not a partner in a firm, regard shall be had to the real relation between the parties, as shown by all relevant facts taken together. Explanation 1.The sharing of profits or of gross returns arising from property by persons holding a joint or common interest in that property does not of itself make such persons partners. Explanation 2.The receipt by a person of a share of the profits of a business, or of a payment contingent upon the earning of profits or varying with the profits earned by a business, does not of itself make him a partner with the persons carrying on the business; and, in particular, the receipt of such share or payment- (a) \tby a lender of none to persons engaged or about to engage in any business, (b) \tby a servant or agent as remuneration, (c) \tby the widow or child of a deceased partner, as annuity, or (d) \tby a previous owner or part owner of the business, as consideration for the sale of the goodwill or share thereof, does not or itself make the receiver a partner with the persons carrying on the business.",
"name": "Mode of determining existence of partnership",
"related_acts": "",
"section_id": 6
},
{
"act_id": 157,
"details": "7. Where no provision is made by contact between the partners for the duration of their partnership, or for the determination of their partnership, the partnership is \"partnership at will\".",
"name": "Partnership at will",
"related_acts": "",
"section_id": 7
},
{
"act_id": 157,
"details": "8. A person may become a partner with another person in particular adventures or undertakings.",
"name": "Particular partnership",
"related_acts": "",
"section_id": 8
},
{
"act_id": 157,
"details": "9. Partners are bound to carry on the business of the firm to the greatest common advantage, to the just and faithful to each other, and to render true accounts and full information of all things affecting the firm to any partner or his legal representative.",
"name": "General duties of partners",
"related_acts": "",
"section_id": 9
},
{
"act_id": 157,
"details": "10. Every partner shall indemnify the firm for any loss caused to it by his fraud in the conduct of the business of the firm.",
"name": "Duty to indemnify for loss caused by fraud",
"related_acts": "",
"section_id": 10
},
{
"act_id": 157,
"details": "11. (1) Subject to the provisions of this Act, the mutual rights and duties of the partners of a firm may be determined by contract between the partners, and such contract may be express or may be implied by a course of dealing. Such contract may be varied by consent of all the partners, and such consent may be express or may be implied by a course of dealing.",
"name": "Determination of rights and duties of partners by contract between the partners",
"related_acts": "",
"section_id": 11
},
{
"act_id": 157,
"details": "(2) Notwithstanding anything contained in section 27 of the Contract Act, 1872, such contracts may provide that a partner shall not carry on any business other than that of the firm while he is a partner.",
"name": "Agreements in restraint of trade",
"related_acts": "26",
"section_id": 12
},
{
"act_id": 157,
"details": "12. Subject to contract between the partners- (a) \tevery partner has a right to take part in the conduct of the business; (b) \tevery partner is bound to attend diligently to his duties in the conduct of the business; (c) \tany difference arising as to ordinary matters connected with the business may be decided by a majority of the partners, and every partner shall have the right to express his opinion before the matter is decided, but no change may be made in the nature of the business without the consent of all the partners; and (d) \tevery partner has a right to have access to and to inspect and copy any of the books of the firm.",
"name": "The conduct of the business",
"related_acts": "",
"section_id": 13
},
{
"act_id": 157,
"details": "13. Subject to contract between the partners- (a) \ta partner is not entitled to receive remuneration for taking part in the conduct of the business; (b) \tthe partners are entitled to share equally in the profits earned, and shall contribute equally to the losses sustained by the firm; (c) \twhere a partner is entitled to interest on the capital subscribed by him such interest shall be payable only out of profits; (d) \ta partner making, for the purposes of the business, any payment or advance beyond the amount of capital he has agreed to subscribe, is entitled to interest thereon at the rate of six percent, per annum; (e) \tthe firm shall indemnify a partner in respect of payments made and liabilities incurred by him- (i) \tin the ordinary and proper conduct of the business, and (ii) \tin doing such act, in an emergency, for the purpose of protecting the firm from loss, as would be done by a person of ordinary prudence, in his own case, under similar circumstances; and (f) \ta partner shall indemnify the firm for any loss caused to it by his wilful neglect in the conduct of the business of the firm.",
"name": "Mutual rights and liabilities",
"related_acts": "",
"section_id": 14
},
{
"act_id": 157,
"details": "14. Subject to contract between the partners, the property of the firm includes all property and rights and interests in property originally brought into the stock of the firm, or acquired, by purchase or otherwise, by or for the firm, or for the purposes and in the course of the business of the firm, and includes also the goodwill of the business. Unless the contrary intention appears, property and rights and interests in property acquired with money belonging to the firm are deemed to have been acquired for the firm.",
"name": "The property of the firm",
"related_acts": "",
"section_id": 15
},
{
"act_id": 157,
"details": "15. Subject to contract between the partners, the property of the firm shall be held and used by the partners exclusively for the purposes of the business.",
"name": "Application of the property of the firm",
"related_acts": "",
"section_id": 16
},
{
"act_id": 157,
"details": "16. Subject to contract between the partners,- (a) \tif a partner derives any profit for himself from any transaction of the firm, or from the use of the property or business connection of the firm or the firm name, he shall account for that profit and pay it to the firm; (b) \tif a partner carries on any business of the same nature as and competing with that of the firm, he shall account for and pay to the firm all profits made by him in that business.",
"name": "Personal profits earned by partners",
"related_acts": "",
"section_id": 17
},
{
"act_id": 157,
"details": "17. Subject to contract between the partners,- (a) \twhere a change occurs in the constitution of a firm, the mutual rights and duties of the partners in the reconstituted firm remain the same as they were immediately before the change, as far as may be;",
"name": "Rights and duties of partners after a change in the firm,",
"related_acts": "",
"section_id": 18
},
{
"act_id": 157,
"details": "(b) \twhere a firm constituted for a fixed term continues to carry on business after the expiry of that term, the mutual rights and duties of the partners remain the same as they were before the expiry, so far as they may be consistent with the incidents of partnership at will; and",
"name": "after the expiry of the term of the firm, and",
"related_acts": "",
"section_id": 19
},
{
"act_id": 157,
"details": "(c) \twhere a firm constituted to carry out one or more adventures or undertakings carries out other adventures or undertakings, the mutual rights and duties of the partners in respect of the other adventure or undertakings are the same as those in respect of the original adventures or undertakings.",
"name": "where additional undertakings are carried out",
"related_acts": "",
"section_id": 20
},
{
"act_id": 157,
"details": "18. Subject to the provision of this Act, a partner is the agent of the firm for the purposes of the business of the firm.",
"name": "Partner to be agent of the firm",
"related_acts": "",
"section_id": 21
},
{
"act_id": 157,
"details": "19. (1) Subject to the provisions of section 22, the act of a partner which is done to carry on, in the usual way, business of the kind carried by the firm, binds the firm. The authority of a partner to bind the firm conferred by this section is called his \"implied authority\". (2) In the absence of any usage or custom of trade to the contrary, the implied authority of a partner does not empower him to- (a) \tsubmit a dispute relating to the business of the firm to arbitration, (b) \topen a banking account on behalf of the firm in his own name, (c) \tcompromise or relinquish any claim or portion of a claim by the firm, (d) \twithdraw a suit or proceeding filed on behalf of the firm, (e) \tadmit any liability in a suit or proceeding against the firm, (f) \tacquire immovable property on behalf of the firm, (g) \ttransfer immovable property belonging to the firm, or (h) \tenter into partnership on behalf of the firm.",
"name": "Implied authority of partner as agent of the firm",
"related_acts": "",
"section_id": 22
},
{
"act_id": 157,
"details": "20. The partners in a firm may, by contract between the partners, extend or restrict the implied authority of any partner. Notwithstanding any such restriction, any act done by a partner on behalf of the firm which falls within his implied authority binds the firm, unless the person with whom he is dealing knows of the restriction or does not know or believe that partner to be a partner.",
"name": "Extension and restriction of partner's implied authority",
"related_acts": "",
"section_id": 23
},
{
"act_id": 157,
"details": "21. A partner has authority, in an emergency, to do all such acts for the purpose of protecting the firm from loss as would be done by a person of ordinary prudence, in his own case, acting under similar circumstances, and such acts bind the firm.",
"name": "Partner's authority in an emergency",
"related_acts": "",
"section_id": 24
},
{
"act_id": 157,
"details": "22. In order to bind a firm, an act or instrument done or executed by a partner or other person on behalf of the firm shall be done or executed in the firm name, or in any other manner expressing or implying an intention to bind the firm.",
"name": "Mode of doing act to bind firm",
"related_acts": "",
"section_id": 25
},
{
"act_id": 157,
"details": "23. An admission or representation made by a partner concerning the affairs of the firm is evidence against the firm, if it is made in the ordinary course of business.",
"name": "Effect of admissions by a partner",
"related_acts": "",
"section_id": 26
},
{
"act_id": 157,
"details": "24. Notice to a partner who habitually acts in the business of the firm of any matter relating to the affairs of the firm operates as notice to the firm, except in the case of a fraud on the firm committed by or with the consent of that partner.",
"name": "Effect of notice to acting partner",
"related_acts": "",
"section_id": 27
},
{
"act_id": 157,
"details": "25. Every partner is liable, jointly with all the other partners and also severally, for all acts of the firm done while he is a partner.",
"name": "Liability of a partner for acts of the firm",
"related_acts": "",
"section_id": 28
},
{
"act_id": 157,
"details": "26. Where, by the wrongful act or omission of a partner acting in the ordinary course of the business of a firm, or with the authority of his partners, loss or injury is caused to any third party, or any penalty is incurred, the firm is liable therefor to the same extent as the partner.",
"name": "Liability of the firm for wrongful acts of a partner",
"related_acts": "",
"section_id": 29
},
{
"act_id": 157,
"details": "27. Where- (a) \ta partner acting within his apparent authority receives money or property from a third party and misapplies it, or (b) \ta firm in the course of its business receives money or property from a third party, and the money or property is misapplied by any of the partners while it is in the custody of the firm, the firm is liable to make good the loss.",
"name": "Liability of firm for misapplication by partners",
"related_acts": "",
"section_id": 30
},
{
"act_id": 157,
"details": "28.(1) Anyone who by words spoken or written or by conduct represents himself, or knowingly permits himself to be represented, to be a partner in a firm, is liable as a partner in that firm to anyone who has on the faith of any such representation given credit to the firm, whether the person representing himself or represented to be a partner does or does not know that the representation has reached the person so giving credit. (2) Where after a partner's death the business is continued in the old firm name, the continued use of that name or of the deceased partner's name as a part thereof shall not of itself make his legal representative or his estate liable for any act of the firm done after his death.",
"name": "Holding out",
"related_acts": "",
"section_id": 31
},
{
"act_id": 157,
"details": "29. (1) A transfer by a partner of his interest in the firm either absolute or by mortgage, or by the creation by him of a charge on such interest, does not entitle the transferee, during the continuance of the firm, to interfere in the conduct of the business, or to require accounts, or to inspect the books of the firm, but entitles the transferee only to receive the share of profits of the transferring partner, and the transferee shall accept the account of profits agreed to by the partners. (2) If the firm is dissolved or if the transferring partner ceases to be a partner, the transferee is entitled as against the remaining partners to receive the share of the assets of the firm to which the transferring partner is entitled, and, for the purpose of ascertaining that share, to an account as from the date of the dissolution.",
"name": "Rights of transferee of a partner's interest",
"related_acts": "",
"section_id": 32
},
{
"act_id": 157,
"details": "30. (1) A person who is a minor according to the law to which he is subject may not be a partner in a firm, but, with the consent of all the partners for the time being, he may be admitted to the benefits of partnership. (2) Such minor has a right to such share of the property and of the profits of the firm as may be agreed upon, and he may have access to and inspect and copy any of the accounts of the firm. (3) Such minor's share is liable for the acts of the firm, but the minor is not personally liable for any such act. (4) Such minor may not sue the partners for an account or payment of his share of the property or profits of the firm, save when severing his connection with the firm, and in such case the amount of his share shall be determined by a valuation made as far as possible in accordance with the rules contained in section 48: Provided that all the partners acting together or any partners entitled to dissolve the firm upon notice to other partners may elect in such suit to dissolve the firm, and thereupon the Court shall proceed with the suit as one for dissolution and for settling accounts between the partners, and the amount of the share of the minor shall be determined along with the shares of the partners. (5) At any time within six months of his attaining majority, or of his obtaining knowledge that he had been admitted to the benefits of partnership, whichever date is later, such person may give public notice that he has elected to become or that he has elected not to become a partner in the firm, and such notice shall determine his position as regards the firm: Provided that, if he fails to give such notice, he shall become a partner in the firm on the expiry of the said six months. (6) Where any person has been admitted as a minor to the benefits of partnership in a firm, the burden of proving the fact that such person had no knowledge of such admission until a particular date after the expiry of six months of his attaining majority shall lie on the persons asserting that fact. (7) Where such person becomes a partner,- (a) \this rights and liabilities as a minor continue up to the date on which he becomes a partner, but he also becomes personally liable to third parties for all acts of the firm done since he was admitted to the benefits of partnership, and (b) \this share in the property and profits of the firm shall be the share to which he was entitled as a minor. (8) Where such person elects not to become a partner,- (a) \this rights and liabilities shall continue to be those of a minor under this section up to the date on which he gives public notice, (b) \this share shall not be liable for any acts of the firm done after the date of the notice, and (c) \the shall be entitled to sue the partners for his share of the property and profits in accordance with sub-section (4). (9) Nothing in sub-sections (7) and (8) shall affect the provisions of section 28.",
"name": "Minors admitted to the benefits of partnership",
"related_acts": "",
"section_id": 33
},
{
"act_id": 157,
"details": "31. (1) Subject to contract between the partners and to the provisions of section 30, no person shall be introduced as a partner into a firm without the consent of all the existing partners. (2) Subject to the provisions of section 30, a person who is introduced as a partner into a firm does not thereby become liable for any act of the firm done before he become a partner.",
"name": "Introduction of a partner",
"related_acts": "",
"section_id": 34
},
{
"act_id": 157,
"details": "32. (1) A partner may retire- (a) \twith the consent of all the other partners, (b) \tin accordance with an express agreement by the partners, or (c) \twhere the partnership is at will, by giving notice in writing to all the other partners of his intention to retire. (2) A retiring partner may de discharged from any liability to any third party for acts of the firm done before his retirement by an agreement made by him with such third party and the partners of the reconstituted firm, and such agreement may be implied by a course of dealing between such third party and the reconstituted firm after he had knowledge of the retirement. (3) Notwithstanding the retirement of a partner from a firm, he and the partners continue to be liable as partners to third parties for any act done by any of them which would have been an act of the firm if done before the retirement, until public notice is given of the retirement: Provided that a retired partner is not liable to any third party who deals with the firm without knowing that he was a partner. (4) Notice under sub-section (3) may be given by the retired partner or by any partner of the reconstituted firm.",
"name": "Retirement of a partner",
"related_acts": "",
"section_id": 35
},
{
"act_id": 157,
"details": "33. (1) A partner may not be expelled from a firm by any majority of the partners, save in the exercise in good faith of powers conferred by contract between the partners. (2) The provisions of sub-sections (2), (3) and (4) of section 32 shall apply to an expelled as if he were retired partner.",
"name": "Expulsion of a partner",
"related_acts": "",
"section_id": 36
},
{
"act_id": 157,
"details": "34.(1) Where a partner in a firm is adjudicated an insolvent he ceases to be a partner on the date on which the order of adjudication is made, whether or not the firm is thereby dissolved. (2) Where under a contract between the partners the firm is not dissolved by the adjudication of a partner as an insolvent, the estate of a partner so adjudicated is not liable for any act of the firm and the firm is not liable for any act of the insolvent, done after the date on which the order of adjudication is made.",
"name": "Insolvency of a partner",
"related_acts": "",
"section_id": 37
},
{
"act_id": 157,
"details": "35. Where under a contract between the partners the firm is not dissolved by the death of a partner, the estate of a deceased partner is not liable for any act of the firm done after his death.",
"name": "Liability of estate of deceased partner",
"related_acts": "",
"section_id": 38
},
{
"act_id": 157,
"details": "36.(1) An outgoing partner may carry on a business competing with that of the firm and he may advertise such business, but, subject to contract to the contrary, he may not- (a)\tuse the firm name, (b)\trepresent himself as carrying on the business of the firm, or (c)\tsolicit the custom of persons who were dealing with the firm before he ceased to be a partner.",
"name": "Rights of outgoing partner to carry on competing business",
"related_acts": "",
"section_id": 39
},
{
"act_id": 157,
"details": "(2) A partner may make an agreement with his partners that on ceasing to be a partner he will not carry on any business similar to that of the firm within a specified period or within specified local limits; and, notwithstanding anything contained in section 27 of the Contract Act, 1872, such agreement shall be valid if the restrictions imposed are reasonable.",
"name": "Agreements in restraint of trade",
"related_acts": "26",
"section_id": 40
},
{
"act_id": 157,
"details": "37. Where any member of a firm has died or otherwise ceased to be a partner, and the surviving or continuing partners carry on the business of the firm with the property of the firm without any final settlement of accounts as between them and the outgoing partner or his estate, then, in the absence of a contract to the contrary, the outgoing partner or his estate is entitled at the option of himself or his representatives to such share of the profits made since he ceased to be a partner as may be attributable to the use of his share of the property of the firm or to interest at the rate of six per cent. per annum on the amount of his share in the property of the firm: Provided that where by contract between the partners an option is given to surviving or continuing partners to purchase the interest of a deceased or outgoing partner, and that option is duly exercised, the estate of the deceased partner or the outgoing partner or his estate as the case may be, is not entitled to any further or other share of profits; but if any partner assuming to act in exercise of the option does not in all material respects comply with the terms thereof, he is liable to account under the foregoing provisions of this section.",
"name": "Right of outgoing partner in certain cases to share subsequent profits",
"related_acts": "",
"section_id": 41
},
{
"act_id": 157,
"details": "38. A continuing guarantee given to a firm, or to a third party in respect of the transactions of a firm, is, in the absence of agreement to the contrary, revoked as to future transactions from the date of any change in the constitution of the firm.",
"name": "Revocation of continuing guarantee by change in firm",
"related_acts": "",
"section_id": 42
},
{
"act_id": 157,
"details": "39. The dissolution of partnership between all the partners of a firm is called the \"dissolution of the firm\".",
"name": "Dissolution of a firm",
"related_acts": "",
"section_id": 43
},
{
"act_id": 157,
"details": "40. A firm may be dissolved with the consent of all the partners or in accordance with a contract between the partners",
"name": "Dissolution by agreement",
"related_acts": "",
"section_id": 44
},
{
"act_id": 157,
"details": "41. A firm is dissolved- (a)\tby the adjudication of all the partners or of all the partners but one as insolvent, or (b)\tby the happening of any event which makes it unlawful for the business of the firm to be carried on or for the partners to carry it on in partnership: Provided that, where more than one separate adventure or undertaking is carried on by the firm, the illegality of one or more shall not of itself cause the dissolution of the firm in respect of its lawful adventures and undertakings.",
"name": "Compulsory dissolution",
"related_acts": "",
"section_id": 45
},
{
"act_id": 157,
"details": "42. Subject to contract between the partners a firm is dissolved- (a)\tif constituted for a fixed term, by the expiry of that term; (b)\tif constituted to carry out one or more adventures or undertakings, by the completion thereof; (c)\tby the death of a partner; and (d)\tby the adjudication of a partner as an insolvent.",
"name": "Dissolution on the happening of certain contingencies",
"related_acts": "",
"section_id": 46
},
{
"act_id": 157,
"details": "43.(1) Where the partnership is at will, the firm may be dissolved by any partner giving notice in writing to all the other partners of his intention to dissolve the firm. (2) The firm is dissolved as from the date mentioned in the notice as the date of dissolution or, if no date is so mentioned, as from the date of the communication of the notice.",
"name": "Dissolution by notice of partnership at will",
"related_acts": "",
"section_id": 47
},
{
"act_id": 157,
"details": "44. At the suit of a partner, the Court may dissolve a firm on any of the following grounds, namely:- (a) \tthat a partner has become of unsound mind, in which case the suit may be brought as well by the next friend of the partner who has become of unsound mind as by any other partner; (b) \tthat a partner, other than the partner suing, has become in any way permanently incapable of performing his duties as partner; (c) \tthat a partner, other than the partner suing, is guilty of conduct which is likely to affect prejudicially the carrying on of the business, regard being had to the nature of the business; (d) \tthat a partner, other than the partner suing, wilfully or persistently commits breach of agreements relating to the management of the affairs of the firm or the conduct of its business, or otherwise so conducts himself in matters relating to the business that it is not reasonably practicable for the other partners to carry on the business in partnership with him; (e) \tthat a partner, other than the partner suing, has in any way transferred the whole of his interest in the firm to a third party, or has allowed his share to be charged under the provisions of rule 49 of Order XXI of the First Schedule to the Code of Civil Procedure, 1908, or has allowed it to be sold in the recovery of arrears of land-revenue or of any dues recoverable as arrears of land-revenue due by the partner; (f) \tthat the business of the firm cannot be carried on save at a loss; or (g) \ton any other ground which renders it just and equitable that the firm should be dissolved.",
"name": "Dissolution by the Court",
"related_acts": "86",
"section_id": 48
},
{
"act_id": 157,
"details": "45.(1) Notwithstanding the dissolution of a firm, the partners continue to be liable as such to third parties for any act done by any of them which would have been an act of the firm if done before the dissolution, until public notice is given of the dissolution: Provided that the estate of a partner who dies, or who is adjudicated an insolvent, or of a partner who, not having been known to the person dealing with the firm to be a partner, retires from the firm, is not liable under this section for acts done after the date on which he ceases to be a partner. (2) Notices under sub-section (1) may be given by any partner.",
"name": "Liability for acts of partners done after dissolution",
"related_acts": "",
"section_id": 49
},
{
"act_id": 157,
"details": "46. On the dissolution of a firm every partner or his representative is entitled, as against all the other partners or their representatives, to have the property of the firm applied in payment of the debts and liabilities of the firm, and to have the surplus distributed among the partners or their representatives",
"name": "Right of partners to have business wound up after dissolution",
"related_acts": "",
"section_id": 50
},
{
"act_id": 157,
"details": "47. After the dissolution of a firm the authority of each partner to bind the firm, and the other mutual rights and obligations of the partners, continue notwithstanding the dissolution, so far as may be necessary to wind up the affairs of the firm and to complete transactions begun but unfinished at the time of the dissolution, but not otherwise: Provided that the firm is in no case bound by the acts of a partner who has been adjudicated insolvent; but this proviso does not affect the liability of any person who has after the adjudication represented himself or knowingly permitted himself to be represented as a partner of the insolvent.",
"name": "Continuing authority of partners for purposes of winding up",
"related_acts": "",
"section_id": 51
},
{
"act_id": 157,
"details": "48. In settling the accounts of a firm after dissolution, the following rules shall, subject to agreement by the partners, be observed:- (a) \tLosses, including deficiencies of capital, shall be paid first out of profits, next out of capital, and, lastly if necessary, by the partners individually in the proportions in which they were entitled to share profits, (b) \tThe assets of the firm, including any sums contributed by the partners to make up deficiencies of capital, shall be applied in the following manner and order: (i) \tin paying the debts of the firm to third parties; (ii) \tin paying to each partner rateably what is due to him from the firm for advances as distinguished from capital; (iii) \tin paying to each partner rateably what in due to him on account of capital; and (iv) \tthe residue, if any, shall be divided among the partners in the proportions in which they were entitled to share profits.",
"name": "Mode of settlement of accounts between partners",
"related_acts": "",
"section_id": 52
},
{
"act_id": 157,
"details": "49. Where there are joint debts due from the firm, and also separate debts due from any partner, the property of the firm shall be applied in the first instance in payment of the debts of the firm, and, if there is any surplus, then the share of each partner shall be applied in payment of his separate debts or paid to him. The separate property of any partner shall be applied first in the payment of his separate debts, and the surplus (if any) in the payment of the debts of the firm.",
"name": "Payment of firm debts and of separate debts",
"related_acts": "",
"section_id": 53
},
{
"act_id": 157,
"details": "50. Subject to contract between the partners, the provisions of clause (a) of section 16 shall apply to transactions by any surviving partner or by the representatives of a deceased partner, undertaken after the firm is dissolved on account of the death of a partner and before its affairs have been completely wound up: Provided that where any partner or his representative has bought the goodwill of the firm, nothing in this section shall affect his right to use the firm name.",
"name": "Personal profits earned after dissolution",
"related_acts": "",
"section_id": 54
},
{
"act_id": 157,
"details": "51. Where a partner has plaid a premium on entering into partnership for a fixed term, and the firm is dissolved before the expiration of that term otherwise than by the death of a partner, he shall be entitled to repayment of the premium or of such part thereof as may be reasonable, regard being had to the terms upon which he became a partner and to the length of time during which he was a partner, unless- (a) \tthe dissolution is mainly due to his own misconduct, or (b) \tthe dissolution is in pursuance of an agreement containing no provision for the return of the premium or any part of it.",
"name": "Return of premium on premature dissolution",
"related_acts": "",
"section_id": 55
},
{
"act_id": 157,
"details": "52. Where a contract creating partnership is rescinded on the ground of the fraud or misrepresentation of any of the parties thereto, the party entitled to rescind is, without prejudice to any other right, entitled- (a) \tto a lien on, or a right of retention of, the surplus or the assets of the firm remaining after the debts of the firm have been paid, for any sum paid by him for the purchase of a share in the firm and for any capital contributed by him; (b)\tto rank as a creditor of the firm in respect of any payment made by him towards the debts of the firm; and (c)\tto be indemnified by the partner or partners guilty of the fraud or misrepresentation against all the debts of the firm.",
"name": "Rights where partnership contract is rescinded for fraud or misrepresentation",
"related_acts": "",
"section_id": 56
},
{
"act_id": 157,
"details": "53. After a firm is dissolved, every partner or his representative may, in the absence of a contract between the partners to the contrary, restrain any other partner or his representative from carrying on a similar business in the firm name or from using any of the property of the firm for his own benefit, until the affairs of the firm have been completely wound up: Provided that where any partner or his representative has bought the goodwill of the firm, nothing in this section shall affect his right to use the firm name.",
"name": "Rights to restrain from use of firm name or firm property",
"related_acts": "",
"section_id": 57
},
{
"act_id": 157,
"details": "54. Partners may, upon or in anticipation of the dissolution of the firm, make an agreement that some or all of them will not carry on a business similar to that of the firm within a specified period or within specified local limits; and notwithstanding anything contained in section 27 of the Contract Act, 1872, such agreement shall be valid if the restrictions imposed are reasonable.",
"name": "Agreements in restraint of trade",
"related_acts": "26",
"section_id": 58
},
{
"act_id": 157,
"details": "55.(1) In settling the accounts of a firm after dissolution the goodwill shall, subject to contract between the partners be included in the assets, and it may be sold either separately or along with other property of the firm.",
"name": "Sale of goodwill after dissolution",
"related_acts": "",
"section_id": 59
},
{
"act_id": 157,
"details": "(2) Where the goodwill of a firm is sold after dissolution, a partner may carry on a business competing with that of the buyer and he may advertise such business, but, subject to agreement between him and the buyer, he may not (a)\tuse the firm name, (b)\trepresent himself as carrying on the business of the firm, or (c)\tsolicit the custom of persons who were dealing with the firm before its dissolution.",
"name": "Rights of buyer and seller of goodwill",
"related_acts": "",
"section_id": 60
},
{
"act_id": 157,
"details": "(3) Any partner may, upon the sale of the goodwill of a firm, make an agreement with the buyer that such partner will not carry on any business similar to that of the firm within a specified period or within specified local limits, and, notwithstanding anything contained in section 27 of the Contract Act, 1872, such agreement shall be valid if the restrictions imposed are reasonable.",
"name": "Agreements in restraint of trade",
"related_acts": "26",
"section_id": 61
},
{
"act_id": 157,
"details": "56. Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 62
},
{
"act_id": 157,
"details": "57. (1) The Government may appoint Registrars of Firms for the purposes of this Act, and may define the areas within which they shall exercise their powers and perform their duties. (2) Every Registrar shall be deemed to be a public servant within the meaning of section 21 of the 2Penal Code.",
"name": "Appointment of Registrars",
"related_acts": "",
"section_id": 63
},
{
"act_id": 157,
"details": "58.(1) The registration of a firm may be effected at any time by sending by post or delivering to the Registrar of the area in which any place of business of the firm is situated or proposed to be situated, a statement in the prescribed form and accompanied by the prescribed fee, stating- (a) \tthe firm name, (b) \tthe place or principal place of business of the firm, (c) \tthe names of any other places where the firm carries on business, (d) \tthe date when each partner joined the firm, (e) \tthe names in full and permanent addresses of the partners, and (f) \tthe duration of the firm. The statement shall be signed by all the partners, or by their agents specially authorized in this behalf. (2) Each person signing the statement shall also verify it in the manner prescribed. 3 4(3) A firm name shall not contain any of the following words, namely: State or words expressing or implying the sanction, approval or patronage of the Government or of the Bangabandhu, except when the Government signifies its consent to the use of such words as part of the firm name by order in writing. (3A) A firm name shall not contain the name of the \"United Nations\" or its abbreviations through the use of its initial letters or of any subsidiary body set up by that body unless it has obtained the previous authorization of the Secretary-General of the United Nations in writing. (3B) A firm name shall not contain the name of the \"World Health Organization\" or its abbreviations through the use of its initial letters unless it has obtained the previous authorization of the Director-General in writing.",
"name": "Application for registration",
"related_acts": "",
"section_id": 64
},
{
"act_id": 157,
"details": "59. When the Registrar is satisfied that the provisions of section 58 have been duly complied with, he shall record an entry of the statement in a register called the Register of Firms, and shall file the statement.",
"name": "Registration",
"related_acts": "",
"section_id": 65
},
{
"act_id": 157,
"details": "60.(1) When an alteration is made in the firm name or in the location of the principal place of business of a registered firm, a statement may be sent to the Registrar accompanied by the prescribed fee, specifying the alteration, and signed and verified in the manner required under section 58. (2) When the Registrar is satisfied that the provisions of sub-section (1) have been duly complied with, he shall amend the entry relating to the firm in the Register of Firms in accordance with the statement, and shall file it along with the statement relating to the firm filed under section 59.",
"name": "Recording or alterations in firm name and principal place of business",
"related_acts": "",
"section_id": 66
},
{
"act_id": 157,
"details": "61. When a registered firm discontinues business at any place or begins to carry on business at any place, such place not being its principal place of business, any partner or agent of the firm may send intimation thereof to the Registrar, who shall make a note of such intimation in the entry relating to the firm in the Register of Firms, and shall file the intimation along with the statement relating to the firm filed under section 59.",
"name": "Noting of closing and opening of branches",
"related_acts": "",
"section_id": 67
},
{
"act_id": 157,
"details": "62. When any partner in a registered firm alters his name or permanent address, an intimation of the alteration may be sent by any partner or agent of the firm to the registrar, who shall deal with it in the manner provided in section 61.",
"name": "Noting of changes in names and addresses of partners",
"related_acts": "",
"section_id": 68
},
{
"act_id": 157,
"details": "63.(1) When a change occurs in the constitution of a registered firm any incoming, continuing or outgoing partner, and when a registered firm is dissolved any person who was a partner immediately before the dissolution, or the agent of any such partner, or person specially authorized in this behalf, may give notice to the Registrar of such change or dissolution, specifying the date thereof; and the Registrar shall make a record of the notice in the entry relating to the firm in the Register of Firms, and shall file the notice along with the statement relating to the firm filed under section 59.",
"name": "Recording of changes in and dissolution of a firm",
"related_acts": "",
"section_id": 69
},
{
"act_id": 157,
"details": "(2) When a minor who has been admitted to the benefits of partnership in a firm attains majority and elects to become or not to become a partner, and the firm is then a registered firm, he, or his agent specially authorized in this behalf, may give notice to the Registrar that he has or has not become a partner, and the Registrar shall deal with the notice in the manner provided in sub-section (1).",
"name": "Recording of withdrawal of a minor",
"related_acts": "",
"section_id": 70
},
{
"act_id": 157,
"details": "64.(1) The Registrar shall have power at all times to rectify any mistake in order to bring the entry in the Register of Firms relating to any firm into conformity with the documents relating to that firm filed under this Chapter. (2) On application made by all the parties who have signed any document relating to a firm filed under this Chapter, the Registrar may rectify any mistake in such document or in the record or note thereof made in the Register of Firms.",
"name": "Rectification of mistakes",
"related_acts": "",
"section_id": 71
},
{
"act_id": 157,
"details": "65. A court deciding any matter relating to a registered firm may direct that the Registrar shall make any amendment in the entry in the Register of Firms relating to such firm which is consequential upon its decision; and the Registrar shall amend the entry accordingly.",
"name": "Amendment of Register by order of Court",
"related_acts": "",
"section_id": 72
},
{
"act_id": 157,
"details": "66.(1) The Register of Firms shall be open to inspection by any person on payment of such fee as may be prescribed. (2) All statements, notices and intimations filed under this Chapter shall be open to inspection, subject to such condition and on payment of such fee as may be prescribed.",
"name": "Inspection of Register and filed documents",
"related_acts": "",
"section_id": 73
},
{
"act_id": 157,
"details": "67. The Registrar shall on application furnish to any person, on payment of such fee as may be prescribed, a copy, certified under his hand, of any entry or portion thereof in the Register of Firms.",
"name": "Grant of copies",
"related_acts": "",
"section_id": 74
},
{
"act_id": 157,
"details": "68.(1) Any statement, intimation or notice recorded or noted in the Register of Firms shall, as against any person by whom or on whose behalf such statement, intimation or notice was signed, be conclusive proof of any fact therein stated. (2) A certified copy of an entry relating to a firm in the Register of Firms may be produced in proof of the fact of the registration of such firm, and of the contents of any statement, intimation or notice recorded or noted therein.",
"name": "Rules of evidence",
"related_acts": "",
"section_id": 75
},
{
"act_id": 157,
"details": "69.(1) No suit to enforce a right arising from a contract or conferred by this Act shall be instituted in any Court by or on behalf of any person suing as a partner in a firm against the firm or any person alleged to be or to have been a partner in the firm unless the firm is registered and the person suing is or has been shown in the Register of Firms as a partner in the firm. (2) No suit to enforce a right arising from a contract shall be instituted in any Court by or on behalf of a firm against any third party unless the firm is registered and the persons suing are or have been shown in the Register of Firms as partners in the firm. (3) The provisions of sub-sections (1) and (2) shall apply also to a claim of set-off or other proceeding to enforce a right arising from a contract, but shall not effect- (a)\t the enforcement of any right to sue for the dissolution of a firm or for accounts of a dissolved firm, or any right or power to realise the property of a dissolved firm, or (b)\tthe powers of an official assignee, receiver or Court under the 5Insolvency (Dacca) Act, 1909, or the Insolvency Act, 1920, to realise the property of an insolvent partner. (4) This section shall not apply- (a)\tto firms or to partners in firms which have no place of business in Bangladesh, or whose places of business in Bangladesh are situated in areas to which, by notification under section 56, this Chapter does not apply, or (b)\tto any suit or claim of set-off not exceeding one hundred Taka in value which, is not of a kind specified in the Second Schedule to the 6* * * Small Cause Courts Act, 1887, or to any proceeding in execution or other proceeding incidental to or arising from any such suit or claim.",
"name": "Effect of non-registration",
"related_acts": "58",
"section_id": 76
},
{
"act_id": 157,
"details": "70. Any person who signs any statement, amending statement, notice or intimation under this Chapter containing any particular which he knows to be false or does not believe to be true, or containing particulars which he knows to be incomplete or does not believe to be complete, shall be punishable with imprisonment which may extend to three months, or with fine, or with both.",
"name": "Penalty for furnishing false particulars",
"related_acts": "",
"section_id": 77
},
{
"act_id": 157,
"details": "71.(1) The Government may make rules prescribing the fees which shall accompany documents sent to the Register of Firms, or which shall be payable for the inspection of documents in the custody of the Register of Firms, or for copies from the Register of Firms: Provided that such fees shall not exceed the maximum fees specified in Schedule I. (2) The Government may also make rules- (a) \tprescribing the form of statement submitted under section 58, and of the verification thereof; (b) \trequiring statements, intimations and notices under sections 60, 61, 62 and 63 to be in prescribed form, and prescribing the form thereof; (c) \tprescribing the form of the Register of Firms, and the mode in which entries relating to firms are to be made therein, and the mode in which such entries are to be amended or notes made therein; (d) \tregulating the procedure of the Registrar when disputes arise; (e) \tregulating the filing of documents received by the Registrar; (f) \tprescribing conditions for the inspection of original documents; (g) \tregulating the grant of copies; (h) \tregulating the elimination of registers and documents; (i) \tproviding for the maintenance and form of an index to the Register of Firms; and (j) \tgenerally, to carry out the purposes of this Chapter. (3) All rules made under this section shall be subject to the condition of previous publication.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 78
},
{
"act_id": 157,
"details": "72. A public notice under this Act is given- (a)\twhere it relates to the retirement or expulsion of a partner from a registered firm, or to the dissolution of a registered firm, or to the election to become or not to become a partner in a registered firm by a person attaining majority who was admitted as a minor to the benefits of partnership, by notice to the Register of Firms under section 63, and by publication in the official Gazette and in at least one vernacular newspaper circulating in the district where the firm to which it relates has its place or principal place of business, and (b)\tin any other case, by publication in the official Gazette and in at least one vernacular newspaper circulating in the district where the firm to which it relates has its place or principal place of business.",
"name": "Mode of giving public notice",
"related_acts": "",
"section_id": 79
},
{
"act_id": 157,
"details": "73. Repealed by section 2 and Schedule of the Repealing Act, 1938 (Act No. I of 1938).",
"name": "Repealed",
"related_acts": "",
"section_id": 80
},
{
"act_id": 157,
"details": "74. Nothing in this Act or any repeal effected thereby shall affect or be deemed to affect- (a)\tany right, title, interest, obligation or liability already acquired, accrued or incurred before the commencement of this Act, or (b)\tany legal proceeding or remedy in respect of any such right, title, interest, obligation or liability or anything done or suffered before the commencement of this Act, or (c)\tanything done or suffered before the commencement of this Act, or (d)\tany enactment relating to partnership not expressly repealed by this Act, or (e)\tany rule of insolvency relating to partnership, or (f)\tany rule of law not inconsistent with this Act.",
"name": "Savings",
"related_acts": "",
"section_id": 81
}
],
"text": "1♣An Act to define and amend the law relating to partnership. WHEREAS it is expedient to define and amend the law relating to partnership: It is hereby enacted as follows:-"
} |
{
"id": 158,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the words \"Bangladesh\" and \"Government\" were substituted for the words \"Pakistan\" and \"Central Government\" respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The words \"Penal Code\" were substituted, for the words \"Pakistan Penal Code\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"3 Proviso to section 3 was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act VIII of 1973)",
"4 The words \"the High Court Division\" were substituted, for the words \"a High Court\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Foreign Relations Act, 1932",
"num_of_sections": 4,
"published_date": "8th April, 1932",
"related_act": [
75,
76,
430,
158
],
"repelled": false,
"sections": [
{
"act_id": 158,
"details": "1.(1) This Act may be called the Foreign Relations Act, 1932. (2) It extends to the whole of Bangladesh.",
"name": "Short title and extent",
"related_acts": "158",
"section_id": 1
},
{
"act_id": 158,
"details": "2. Where an offence falling under Chapter XXI of the 2Penal Code is committed against a Ruler of a State outside but adjoining Bangladesh, or against the consort or son or principal Minister of such Ruler, the Government may make, or authorize any person to make, a complaint in writing of such offence, and, notwithstanding anything contained in section 198 of the Code of Criminal Procedure, 1898, any Court competent in other respects to take cognizance of such offence may take cognizance thereof on such compliant.",
"name": "Power of Government to prosecute in certain cases of defamation",
"related_acts": "75",
"section_id": 2
},
{
"act_id": 158,
"details": "3. The provisions of sections 99A to 99G of the Code of Criminal Procedure, 1898, and of sections 27B to 27D of the Post Office Act, 1898, shall apply in the case of any book, newspaper or other document containing matter which is defamatory of a Ruler of a State outside but adjoining Bangladesh or of the consort or son or principal Minister of such Ruler and tends to prejudice the maintenance of friendly relations between the Government of Bangladesh and the Government of such State, in like manner as they apply in the case of a book, newspaper or document containing seditious matter within the meaning of those sections: 3* * *",
"name": "Power to forfeit certain publications or to detain them in the course of transmission through post.",
"related_acts": "75,76",
"section_id": 3
},
{
"act_id": 158,
"details": "4. Where, in any trial of an offence upon a compliant under section 2, or in any proceeding before 4the High Court Division arising out of section 3, there is a question whether any person is a Ruler of any State, or is the consort or son or principal Minister of such Ruler, a certificate under the hand of a Secretary to the Government that such person is such Ruler, consort, son or principal Minister shall be conclusive proof of that fact.",
"name": "Proof of status of persons defamed",
"related_acts": "",
"section_id": 4
}
],
"text": "1♣An Act to provide against the publication of statements likely to prejudice the maintenance of friendly relations between the Government of Bangladesh and the Government of certain foreign States. WHEREAS it is expedient to provide against the publication of statements likely to prejudice the maintenance of friendly relations between the Government of Bangladesh and the Governments of certain foreign States; It is hereby enacted as follows:-"
} |
{
"id": 159,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the words \"Bangladesh\", \"Government\" and \"Taka\" were substituted, for the words \"East Pakistan\", \"Provincial Government\" and \"rupees\" respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The word \"Bengal\" was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 Clause (2) was omitted by First Schedule of the East Pakistan Repealing and Amending Ordinance 1962 (Ordinance No. XIII of 1962).",
"4 The words \"High Court Division\" were substituted, for the words \"High Court\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"5 The words and comma \"Paurashava, Zilla Board or Union Parishad\" were substituted, for the words and commas \"Municipal Committee, Town Committee, District Council or Union Council\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"6 The words and comma \"Paurashava, Zilla Board or Union Parishad\" were substituted, for the words and commas \"Municipal Committee, Town Committee, District Council or Union Council\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"7 The word \"Paurashava\" was substituted, for the words \"Municipal Committee or Town Committee\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"8 The word \"Paurashava\" was substituted, for the words \"Municipal Committee or Town Committee\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"9 The words \"Penal Code\" were substituted, for the words \"Pakistan Penal Code\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"10 The word \"Bengal\" was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"11 The words \"the Government\" were substituted, for the words \"any Government\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Suppression of Immoral Traffic Act, 1933",
"num_of_sections": 27,
"published_date": "22nd June, 1933",
"related_act": [
75,
12,
430,
159
],
"repelled": true,
"sections": [
{
"act_id": 159,
"details": "1. (1) This Act may be called the 2* * * Suppression of Immoral Traffic Act, 1933. (2) It extends to the whole of Bangladesh. (3) This section shall come into force at once and the remaining provisions of this Act, in whole or in part, shall come into force in such areas and on such dates as the Government may, by notification in the official Gazette, specify and for this purpose different dates may be specified for different provisions of this Act and for different areas.",
"name": "Short title, commencement and extent",
"related_acts": "159",
"section_id": 1
},
{
"act_id": 159,
"details": "2. The enactments specified in the schedule are hereby repealed to the extent noted against each.",
"name": "Repeals",
"related_acts": "",
"section_id": 2
},
{
"act_id": 159,
"details": "3. In this Act, unless there is anything repugnant in the subject or context,- (1) \t\"brothel\" means any house, part of a house, room or place in which two or more females carry on prostitution, or in which any girl under the age of eighteen years is kept with intent that she shall at any age be employed or used for any immoral purpose. Explanation.- Where a girl under the age of eighteen years is for the time being resident in any house or place used by one or more females for the purpose of prostitution and is being maintained by or associating with any prostitute, it shall, unless such girl is the daughter of an inmate of such house or place, be presumed until the contrary is proved that she is being kept with intent that she shall be employed or used for an immoral purpose. 3* * * (3) \t\"prescribed\" means prescribed by rules made under this Act; (4) \t\"prostitution\" means promiscuous sexual inter course for hire, whether in money or kind; (5) \t\"prostitute\" means any female available for the purpose of prostitution; (6) \t\"public place\" includes the site of any hat, bazar or mela, the banks of any river and any docks, jetties and warehouses to which the public have access, every public building, garden, monument, and the precincts thereof, every place of public amusement, every place of public entertainment and every place accessible to the public for drawing water, washing or bathing, or for purposes of recreation. Explanation. (a) The expression \"place of public amuse-ment\" means any place, enclosure, building, tent, booth or other erection, whether permanent or temporary, where music, singing, dancing, or any diversion or game, or the means of carrying on the same, is provided, and to which the public are admitted either on payment of money, or with the intention that money may be collected from those admitted, and includes a race-course, carnival, circus, cinema, theatre, music hall, billiard-room, bagatelle-room, gymnasium and fencing school. (b) \tThe expression \"place of public entertainment\" means any place, whether enclosed or open, to which the public are admitted, and where any kind of food or drink is supplied for consumption on the premises for the profit or gain of any person owing or having an interest in or managing such place and includes a refreshment-room, eating-house, coffee-house, liquor-house, boarding-house, lodging-house, hotel, tea-shop, tavern and a wine, beer, spirit, arrack, toddy, ganja, bhang or opium shop. (7) \"Superintendent of Police\" includes any Assistant Superintendent of Police or other person appointed by general or special order of the Government to perform all or any of the duties of a Superintendent of Police under this Act in any district.",
"name": "Definition",
"related_acts": "",
"section_id": 3
},
{
"act_id": 159,
"details": "4. (1) Any person who- (a) \tkeeps or manages or acts or assists in the management of a brothel, or (b) \tbeing the tenant, lessee, occupier, or person in charge of any premises, knowingly permits such premises or any part thereof to be used as a brothel, or (c) \tbeing the lessor or landlord of any premises or the agent of such lessor or landlord, lets the same, or any part thereof, with the knowledge that the same, or any part thereof, is intended to be used as a brothel, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. (2) Any person who, having been convicted of an offence punishable under sub-section (1) is convicted of a subsequent offence punishable under the said sub-section shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both, and may in addition be ordered by the Court convicting him to execute a bond for a sum proportionate to his means, with or without sureties, to be of good behaviour for such period not exceeding three years as it thinks fit. (3) If a conviction under sub-section (2) is set aside on appeal or otherwise the bond so executed shall be void. (4) An order for the execution of a bond in accordance with the provisions of sub-section (2) may also be made by an Appellate Court or by the 4High Court Division when exercising its powers of revision. (5) The provisions of Chapter VIII of the Code of Criminal Procedure, 1898, shall apply to orders made for the execution of bonds under this section, and imprisonment for failure to give security shall be rigorous or simple as the Court may direct. (6) In a prosecution under this section if it is found that any premises or part thereof have been used as a brothel it shall be presumed until the contrary is proved that the manager, tenant, lessee, occupier or person in charge of such premises or part knew that the premises or part thereof were being used as a brothel. (7) No Court shall take cognizance of any offence punishable under this section except on the complaint of- (a) \tthe Chairman of the 5Paurashava, Zilla Board or Union Parishad within the jurisdiction of which the premises are situated, made in pursuance of a resolution of the 6Paurashva, Zilla Board or Union Parishad as the case may be; or (b) \tthree or more persons occupying separate premises or holdings and resident in the vicinity of the premises or holdings to which the complaint relates; or (c) a representative of any society recognized by the Government in this behalf who has been authorized by the society to institute prosecutions under this section. (8) No complaint shall be instituted under this section in respect of any brothel with reference to which proceedings are pending under section 6.",
"name": "Punishment for keeping a brothel or allowing premises to be used as a brothel",
"related_acts": "75",
"section_id": 4
},
{
"act_id": 159,
"details": "5. (1) On conviction of the tenant, lessee or occupier of any premises of any offence under section 4 in respect of such premises, the landlord or lessor of such premises shall be entitled to require the person so convicted to surrender the lease or other contract under which the said premises are held by him, or to assign the said lease or contract to some person approved by the landlord or lessor, which approval shall not be unreasonably withheld, and, in the event of the person so convicted failing within three months to surrender or assign the lease or contract as aforesaid, the landlord or lessor shall be entitled to determine the lease or other contract, but without prejudice to the rights or remedies of any party to such lease accruing before the date of such determination. (2) If the landlord or lessor determines a lease or contract of tenancy under the provisions of sub-section (1), the Court which convicted the tenant, lessee, or occupier of the premises may make an order for delivery of possession by such tenant, lessee, or occupier to the landlord or lessor within such time, not being less than seven days, as the Court may direct. A copy of the order shall be served on the person against whom it is made. If such person fails to comply with the order, he shall be punished with imprisonment of either description for a term which may extend to one month or with fine which may extend to two hundred Taka or with both, and the Court may take such steps as it considers necessary to put the landlord or lessor in actual possession of the premises. (3) The Court convicting any tenant, lessee or occupier of an offence punishable under section 4 in respect of any premises may give notice in writing of such conviction to the landlord or lessor of such premises, and if the landlord or lessor after service of the notice does not exercise his rights under sub-section (1) and subsequently during the subsistence of the lease or contract an offence under section 4 is again committed in respect of the premises, the landlord or lessor shall be deemed to have abetted such offence, unless he proves that he has taken all reasonable steps to prevent the recurrence of the offence. (4) Where a landlord or lessor determines a lease or other contract under sub-section (1), and subsequently grants another lease or enters into another contract of tenancy in respect of the same premises to, with or for the benefit of the same person he shall be deemed to have failed to exercise his rights under sub-section (1) and any offence under section 4 committed during the subsistence of the subsequent lease or contract shall be deemed for the purposes of this section to have been committed during the subsistence of the previous lease or contract unless such landlord or lessor satisfies the Court that he made reasonable inquiries to justify a bona fide belief that such tenant, lessee or occupier did not intend to use the premises as a brothel or to allow them to be so used. (5) No action taken by any landlord or lessor under the provisions of this section shall be called in question in any Civil Court.",
"name": "Determination of tenancy of premises in the case of a conviction under section 4",
"related_acts": "",
"section_id": 5
},
{
"act_id": 159,
"details": "6. (1) If the Superintendent of Police receives information that any house, room or place- (a) \tis being used as a brothel or disorderly house, or for the purpose of carrying on prostitution, in the vicinity of any educational institution or of any boarding-house, hostel or mess used or occupied by students, or of any place of public worship or recreation, or (b) \tis used as, or for the purpose, aforesaid to the annoyance of inhabitants of the vicinity, or (c) \tis used, as, or for the purpose, aforesaid on any main thoroughfare which has been notified as such in this behalf by the Government on the recommendation of any 7Paurashava, within whose jurisdiction the thoroughfare is situated, made in pursuance of resolution of the 8Paurashava, or (d) \tis used as a comma place of assignation, he may cause a notice to be served on the owner, lessor, manager, lessee, tenant or occupier of the house, room or place or all of them, to appear before him, either in person or by agent, on a date to be fixed in such notice, and to show cause why, on the grounds to be stated in the notice, an order should not be made for the discontinuance of such use of such house, room or place. (2) If, on the date fixed, or on any subsequent date to which the hearing may be adjourned, the Superintendent of Police is satisfied after making such inquiry as he thinks fit, that the house, room or place is used as described in clause (a), (b), (c) or (d) of sub-section (1), as the case may be, he may direct by order in writing to be served on such owner, lessor, manager, lessee, tenant or occupier, that the use as so described of the house, room or place be discontinued from a date not less than fifteen days from the date of the said order and be not thereafter resumed. (3) No house, room or place, concerning which an order has been made under sub-section (2) shall again be used or, be allowed to be used, in any manner described in clause (a), (b), (c) or (d) or sub-section (1), as the case may be, and the Superintendent of Police, if he is satisfied that such house, room or place is again used in such manner, may by order in writing to be served on the owner, lessor, manager, lessee, tenant or occupier of such house, room or place direct that the use as so described of such house, room or place, be discontinued within a period of seven days and be not thereafter resumed. (4) For the purposes of this section the decision of the Superintendent of Police that a house, room or place is used in any manner, or for any purpose, described in clause (a), (b), (c) or (d) of sub-section (1) shall be final, and the legality or propriety thereof shall not be questioned in any trial or judicial proceeding in any Court. (5) Whoever after an order has been made by the Superintendent of Police under sub-section (2), or sub-section (3) in respect of any house, room or place, uses, or allows to be used, such house, room or place in a manner which contravenes such order after the period stated therein, shall be punished with fine which may extend to fifty Taka for every day after the expiration of the said period during which the breach continues, and shall, on a second conviction for the same offence, be punished with imprisonment for a term which may extend to six months in addition, to or in lieu of, any fine imposed. (6) For the purpose of an inquiry under this section the Superintendent of Police may depute any police officer not below the rank of an inspector to make a local investigation, and may take into consideration his report thereon. (7) The Superintendent of Police shall maintain a register in which shall be entered a description of all houses, rooms and places in respect of which an order has been made under this section. Such register shall be open to inspection by the public on payment of the prescribed fee. (8) Notwithstanding anything contained in any order law for the time being in force, the owner or lessor of any house, room or place, in respect of which an order has been made on the lessee, tenant or occupier thereof directing the discontinuance of the use thereof as a brothel or disorderly house or for the purpose of carrying on prostitution, or as a common place of assignation, shall be entitled forthwith to determine such lease, tenancy or occupation. (9) No proceedings shall be taken under this section in respect of premises which are the subject of any proceedings under section 4 or within six months of the termination of such proceedings.",
"name": "Power to order discontinuance of house, room or place as brothel, etc.",
"related_acts": "",
"section_id": 6
},
{
"act_id": 159,
"details": "7. (1) Any person who in any street or public place or within sight of, and in such manner as to be seen or heard from any street or public place, whether from within any house or building or not- (a) \tby words, gestures, or indecent personal exposure attracts or endeavours to attract attention for the purposes of prostitution; or (b) \tsolicits or molests any person for the purposes of prostitution; shall be punished with imprisonment of either description which may extend to one month or with fine which may extend to one hundred Taka or with both. (2) Notwithstanding anything contained in section 65 of the 9Penal Code, imprisonment in default of fine imposed under sub-section (1) may extend to one month.",
"name": "Soliciting for purposes of prostitution",
"related_acts": "",
"section_id": 7
},
{
"act_id": 159,
"details": "8.(1) Any person over the age of eighteen years who knowingly lives, wholly or in part, on the earnings of the prostitution of another person, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine which may extend to one thousand Taka, or with both, and, if a male person, shall also be liable to whipping. (2) Where a person is proved to be living with, or to be habitually in the company of a prostitute, or to have exercised control, direction or influence over the movements of a prostitute, in such a manner as to show that he is aiding abetting or compelling her prostitution, it shall be presumed until the contrary is proved, that he is living on the earnings of prostitution: Provided that the mother, or a son or daughter, of a prostitute, shall not be punished under this section for living on the earnings of such prostitute unless the Court is satisfied that such mother, son or daughter is aiding, abetting or compelling her prostitution.",
"name": "Punishment for living on the earnings of prostitution",
"related_acts": "",
"section_id": 8
},
{
"act_id": 159,
"details": "9.(1) Any person who induces a female to go from any place with intent that she may, for the purposes of prostitution, become the inmate of, or frequent a brothel, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine which may extend to one thousand Taka, or with both, and, if a male person, shall also be liable to whipping. (2) An offence under this section shall be triable in the place from which the female was induced to go, or in any place to which she may have gone as a result of such inducement.",
"name": "Procuration",
"related_acts": "",
"section_id": 9
},
{
"act_id": 159,
"details": "10.(1) Any person who brings or attempts to bring or causes to be brought into any place in which this Act is inforce any female with a view to her earning hire, or being brought up to earn hire as a prostitute, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine which may extend to one thousand Taka, or with both, and, if a male person, shall also be liable to whipping. (2) An offence under this section may be tried in any place which the female is brought or caused to be brought, or in which an attempt to bring her is made, or in any place from which she is brought or caused to be brought, or from which an attempt to bring her is made.",
"name": "Punishment of importing a female for prostitution",
"related_acts": "",
"section_id": 10
},
{
"act_id": 159,
"details": "11. Any person who detains- (a) \tany female under the age of eighteen years', against her will in any house, room or place in which prostitution is carried on, or (b) \tany female against her will in or upon any premises with intent that she may have sexual intercourse with any man other than her lawful husband, whether with any particular man or generally, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine which may extend to one thousand Taka or with both.",
"name": "Punishment for detention as prostitute or in brothels, etc",
"related_acts": "",
"section_id": 11
},
{
"act_id": 159,
"details": "12. If any person having the custody, charge or care of any girl under the age of eighteen years causes or encourages or abets the seduction or prostitution of that girl he shall be punished with imprisonment of either description for a term which may extend to two years or with fine which may extend to one thousand Taka, or with both, and, if a male person, shall be liable also to whipping.",
"name": "Punishment for causing or encouraging or abetting seduction or prostitution of girl",
"related_acts": "",
"section_id": 12
},
{
"act_id": 159,
"details": "13. The Superintendent of Police, or a police officer not below the rank of a sub-inspector specially authorized in writing in this behalf by the Superintendent of Police, may enter any premises if he has reason to believe- (a) \tthat an offence punishable under section 4 has been committed or is being committed in respect of the premises; or (b) \tthat a female in respect of whom an offence punishable under section 8, 9, 10, 11 or 12 has been committed is to be found therein; and may remove any girl who appears to him to be under the age of eighteen years, if he is satisfied (a) \tthat an offence punishable under section 4 has been or is being committed in respect of the premises; or (b) \tthat an offence punishable under section 8, 9, 10, 11 and 12 has been committed in respect of the girl.",
"name": "Removal of minor girls from premises in certain cases",
"related_acts": "",
"section_id": 13
},
{
"act_id": 159,
"details": "14.(1) A girl who has been removed from any premises under section 13 and who appears to be under the age of sixteen years shall be brought before a Juvenile Court as defined in clause (3a) of section 3 of the 10* * * Children Act, 1922, having jurisdiction over the place where the premises are situated. The Court shall make such inquiry as it thinks fit and, if satisfied that the girl is under the age of sixteen years and that she should be dealt with as hereinafter provided, may pass an order that she be placed in suitable custody in the prescribed manner until she attains the age of eighteen years or for any shorter period, or make her over to the care of a suitable person under such conditions as may be prescribed and may in addition make an order that she be placed under the supervision of a person to be named by the Court. (2) Where a girl has been removed from any premises under section 13 and there is no Juvenile Court having jurisdiction over the place where the premises are situated or the girl appears to be above the age of sixteen years, she shall be brought before a Magistrate of the first class having jurisdiction over such place. The Magistrate shall make such inquiry as he thinks fit and, if satisfied that the girl is under the age of eighteen years and that she should be dealt with as hereinafter provided, may pass an order that she be placed in suitable custody in the prescribed manner until she attains the age of eighteen years or for any shorter period, or make her over to the care of a suitable person under such conditions as may be prescribed and may in addition make an order that she be placed under the supervision of a person to be named by the Magistrate.",
"name": "Disposal of minor girls removed from premises under section 13",
"related_acts": "",
"section_id": 14
},
{
"act_id": 159,
"details": "15. No order made by a Juvenile Court or a Magistrate under section 14 shall be invalidated by any subsequent proof that the age of the girl has not been correctly determined by the Court or the Magistrate.",
"name": "Validity of determination of age by Juvenile Court or Magistrate",
"related_acts": "",
"section_id": 15
},
{
"act_id": 159,
"details": "16. Where any girl is produced before a Juvenile Court or a Magistrate under section 14 and any person has been tried by any Court on a charge under sections 8, 9, 10, 11 or 12 in respect of such girl or under section 4 in respect of the premises from which she has been removed, the record of such trial may be called for by the Juvenile Court or the Magistrate and the record of evidence given in such trial may be used by such Juvenile Court or Magistrate for the purposes of the inquiry under section 14, as if recorded by such Court or Magistrate respectively. Nothing in this section shall prevent any Juvenile Court or Magistrate hearing and recording the evidence of any witness if such Court or Magistrate thinks fit.",
"name": "Power to call for record",
"related_acts": "",
"section_id": 16
},
{
"act_id": 159,
"details": "17.(1) When a girl has been removed from any premises under the provisions of section 13, the officer carrying out the removal shall, until such girl can be brought before a Juvenile Court or Magistrate of the first class, cause her to be detained in such place as may be prescribed in this behalf by the Government. (2) When such girl is produced, the Juvenile or Court the Magistrate, as the case may be, may order her to be detained until the disposal of her case in such place as may be prescribed in this behalf by the Government or may make her over to the care of a suitable person and may order such person to execute a bond for her production.",
"name": "Intermediate custody of girls removed from premises under section 13",
"related_acts": "",
"section_id": 17
},
{
"act_id": 159,
"details": "18.(1) When an order has been passed by a Juvenile Court or a Magistrate under section 14 for the custody of a girl, such Court or Magistrate may order the parent or other person liable to maintain the girl to contribute to her maintenance, if able to do so, in the prescribed manner. (2) The Court or Magistrate, before making an order under sub-section (1), shall inquire into the circumstances of the parent or other person liable to maintain the girl and shall record the evidence, if any, in the presence of the parent or such other person, as the case may be, if he appears, or, when his personal attendance is dispensed with, in the presence of his pleader. (3) Any order made under this section may be enforced in the same manner as an order under section 488 of the Code of Criminal Procedure, 1898.",
"name": "Contribution of parents",
"related_acts": "75",
"section_id": 18
},
{
"act_id": 159,
"details": "19. Notwithstanding anything contained in any other law, any person to whose custody a girl is committed by an order made under section 14 shall, while the order is in force, have the like control over the girl as if he were her parent and shall be responsible for her maintenance and protection and the girl shall continue in his custody notwithstanding that she is claimed by her parent or any other person.",
"name": "Authority of persons having custody of girl",
"related_acts": "",
"section_id": 19
},
{
"act_id": 159,
"details": "20. The Government may cause any institution in which any girl is kept for the time being in pursuance of an order made under section 14 and which is supported wholly or partly by voluntary contributions, and is not liable to be inspected by or under the authority of 11the Government to be visited and inspected from time to time by persons appointed by the Government for the purpose.",
"name": "Inspection of institutions where girls are kept",
"related_acts": "",
"section_id": 20
},
{
"act_id": 159,
"details": "21. An appeal shall lie, from any order passed under section 14 or section 18 by Juvenile Court or by a Magistrate, to the District Magistrate of the district within which such Juvenile Court or the Court of such Magistrate is situated.",
"name": "Appeal from orders by Juvenile Court or Magistrate",
"related_acts": "",
"section_id": 21
},
{
"act_id": 159,
"details": "22. Any police officer may, at the instance of any person aggrieved arrest without warrant any person who, in his sight and in a public place, solicits any person for the purposes of prostitution to the annoyance of the person solicited or of two or more inhabitants of the locality or passers-by, if the name and address of the person soliciting be unknown to him and cannot be ascertained by him then and there.",
"name": "Arrest without warrant for solicitation",
"related_acts": "",
"section_id": 22
},
{
"act_id": 159,
"details": "23. Notwithstanding anything contained in Schedule II to the Criminal Procedure Code, 1898, no Magistrate other than a Magistrate of the first class shall try any offence punishable under section 4, 5, 6 or 12.",
"name": "Offences triable only by First Class Magistrates",
"related_acts": "",
"section_id": 23
},
{
"act_id": 159,
"details": "24. The provisions of Chapter XLII of the Code of Criminal Procedure, 1898, shall apply to bonds taken under this Act, or under the rules made under section 27",
"name": "Bonds",
"related_acts": "75",
"section_id": 24
},
{
"act_id": 159,
"details": "25. Whenever a notice or copy of an order may be served under the provisions of this Act, such service shall be made in the manner provided for the service of a summons in the Code or Criminal Procedure, 1898, provided that if service is to be made under the provisions of section 71 of that Code, and it is not known where the person on whom such notice or the copy of such order is to be served ordinarily resides, the serving officer shall affix one of the duplicates of such notice or such copy of such order to some conspicuous part of the premises to which such notice or order relates.",
"name": "Notices",
"related_acts": "",
"section_id": 25
},
{
"act_id": 159,
"details": "26. The provisions of section 42 and section 43 of the Police Act, 1861, shall apply to all actions and prosecutions for anything done or intended to be done under the provisions of this Act.",
"name": "Limitation of action",
"related_acts": "12",
"section_id": 26
},
{
"act_id": 159,
"details": "27.(1) The Government may subject to the condition of previous publication make rules for carrying out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, the Government may make rules- (a) \tprescribing the fee to be paid for inspection of a register maintained under sub-section (7) of section 6; (b) \tprescribing the manner in which girls may be placed in suitable custody under sub-section (1) and sub-section (2) of section 14 and the places in which they may be kept, and providing for the care, treatment, instruction, maintenance, and supervision of such girls; (c) \tprescribing the conditions under which girls may be made over to the care of a suitable person under sub-section (1) and sub-section (2) of section 14; (d) \tprescribing the places in which girls may be detained under the provisions of sub-section (1) and sub-section (2) of section 17; (e) \tprescribing the manner in which the managers of any institution prescribed as suitable custody may board out or license any girl placed in such custody under section 14, and providing for the supervision of such girls when boarded out or licensed; (f) \tproviding for bonds to be taken from persons with whom such girls are boarded out, or who take them on license; (g) \tproviding for bonds to be taken by a juvenile Court or by a Magistrate when making such girls over to suitable custody, not being the custody of a notified institution, and for the form of such bonds, and the conditions to be contained therein, and for cancelling such bonds, and for making further provisions for the suitable custody of such girls on forfeiture of such bonds; (h) \tregulating the contribution by parents and other persons liable to maintain girls placed in suitable custody.",
"name": "Rules",
"related_acts": "",
"section_id": 27
}
],
"text": "1♣An Act for the suppression of brothels and immoral traffic in Bangladesh. WHEREAS it is expedient to make better provision for the suppression of brothels and of traffic in women and girls for immoral purposes; * * * It is hereby enacted as follows:-"
} |
{
"id": 160,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the words \"Bangladesh\" and \"Government\" were substituted, for the words \"East Pakistan\" and \"Provincial Government\" respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The word \"Bengal\" was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Money-Lenders Act, 1933",
"num_of_sections": 10,
"published_date": "26th October, 1933",
"related_act": [
160,
109,
430
],
"repelled": false,
"sections": [
{
"act_id": 160,
"details": "1. (1) This Act may be called the 2* * * Money-Lenders Act, 1933. (2) It extends to the whole of Bangladesh, except the district of Sylhet. (3) It shall come into force on such date as the Government may, by notification in the official Gazette, appoint.",
"name": "Short title, extent and commencement",
"related_acts": "160",
"section_id": 1
},
{
"act_id": 160,
"details": "2. In this Act, unless there is anything repugnant in the subject or context- (1) \"money-lender\" means any person who grants a loan of money; and (2) \t\"prescribed\" means prescribed by rules made under this Act.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 160,
"details": "3. Where in any suit in respect of any money lent by a money-lender after the commencement of the Usurious Loans Act, 1918, it is found that the interest charged exceeds the rate of fifteen per cent. per annum in the case of a secured loan or twenty-five per cent. per annum in the case of an unsecured loan or that there is a stipulation for rests at intervals of less than six months, the Court shall, until the contrary is proved, presume for the purpose of section 3 of the Usurious Loans Act, 1918, that the interest charged is excessive and that the transaction was harsh and unconscionable and was substantially unfair, but this provision shall be without prejudice to the powers of the Court under the said section where the Court is satisfied that the interest charged, though not exceeding fifteen per cent. per annum or twenty-five per cent. per annum, as the case may be, is excessive.",
"name": "Presumption in case of certain loans",
"related_acts": "109,109",
"section_id": 3
},
{
"act_id": 160,
"details": "4. Notwithstanding anything in any other Act, where in any suit in respect of any money lent by a money-lender before the commencement of this Act it is found that the arrears of interest amount to a sum greater than the principal of the loan, the Court, unless it is satisfied that the money lender had reasonable grounds for not enforcing his claim earlier, shall limit the amount of such interest recoverable in the suit to an amount equal to the principal of the loan.",
"name": "Power to limit interest recoverable in certain cases",
"related_acts": "",
"section_id": 4
},
{
"act_id": 160,
"details": "5. No money-lender shall recover by suit interest of any kind at a rate exceeding ten per cent. per annum in respect of any loan made after the commencement of this Act under a contract which provides for the payment of compound interest",
"name": "Maximum rate of interest recoverable under a contract which provides for the payment of compound interest",
"related_acts": "",
"section_id": 5
},
{
"act_id": 160,
"details": "6. No Court shall, in respect of any loan made after the commencement of this Act, decree on account of arrears of interest a sum grater than the principal of the loan.",
"name": "Bar to recovery of interest exceeding the principal",
"related_acts": "",
"section_id": 6
},
{
"act_id": 160,
"details": "7.(1) Every money-lender, on demand made in the prescribed form by a debtor by registered post, shall supply such debtor with such particulars as may be prescribed concerning any loan made by him to the debtor on account of which any sum is due from the debtor. (2) A money-lender who sends by registered post to the debtor at the address mentioned in the form of demand the particulars referred to in sub-section (1) shall be presumed to have complied with the demand made under that sub-section. (3) Where a money-lender has complied with a demand made by a debtor under sub-section (1) the debtor shall not be entitled to make a further demand under the said sub-section in respect of the same loan within a period of six months from the date of such compliance.",
"name": "Money-lender to supply debtor with particulars of loan",
"related_acts": "",
"section_id": 7
},
{
"act_id": 160,
"details": "8. If a money-lender to whom a demand has been made in accordance with the provisions of sub-section (1) of section 7 fails without reasonable excuse to comply therewith within a month from the date of the service of the demand, interest shall not be chargeable in respect of the loan concerning which the demand was made for so long as the default continues.",
"name": "Failure to supply particulars under section 7",
"related_acts": "",
"section_id": 8
},
{
"act_id": 160,
"details": "9.(1) Where a debtor has sent to a money-lender by postal money-order any sum of money due from him to the money-lender in respect of a loan and the money-lender has refused to accept the same the debtor may apply in the prescribed manner to the lowest Civil Court having jurisdiction over the place where he resides for permission to deposit the said sum in Court to the account of the money-lender and the Court on receiving the prescribed fee from the debtor shall keep the said sum in deposit and shall send a notice of the deposit in the prescribed manner to the money-lender. (2) If a money-lender accepts money sent in the manner specified in sub-section (1) by a debtor or withdraws money deposited under the said sub-section he shall not be bound by any statement made by the debtor in remitting or depositing the money.",
"name": "Deposit in Court of money due to money-lender",
"related_acts": "",
"section_id": 9
},
{
"act_id": 160,
"details": "10.(1) The Government may make rules for carrying out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:- (i)\tthe form of a demand by a debtor and the particulars to be supplied by a money-lender under sub-section (1) of section 7; and (ii) \tthe manner in which an application for deposit is to be made under sub-section (1) of section 9, the fee to be paid for such application, and the manner in which a notice of the deposit is to be sent to the money-lender. (3) Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Rules",
"related_acts": "430",
"section_id": 10
}
],
"text": "1♣An Act to provide more effectual control of money-lending in Bangladesh. WHEREAS it is expedient to make better provision for the control of money-lending and to give additional powers to Courts to deal with money-lending in Bangladesh. * * * It is hereby enacted as follows:-"
} |
{
"id": 161,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the words \"Bangladesh\", \"Government\" and \"Taka\" were substituted, for the words \"East Pakistan\", \"Provincial Government\" and \"rupees\" respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The word \"Bengal\" was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The words \"except a Metropolitan Area\" were added by section 114, SCHEDULE III of the Chittagong Metropolitan Police Ordinance, 1978 (Ordinance No. XLVIII of 1978)",
"4 Clauses (1) and (2) were omitted by the 1st Schedule of the East Pakistan Repealing and Amending Ordinance, 1962 (Ordinance No. XIII of 1962)"
],
"name": "The Places of Public Amusement Act, 1933",
"num_of_sections": 13,
"published_date": "9th November, 1933",
"related_act": [
161,
578,
430
],
"repelled": false,
"sections": [
{
"act_id": 161,
"details": "1. (1) This Act may be called the 2* * * Places of Public Amusement Act, 1933. (2) It extends to the whole of Bangladesh 3except a Metropolitan Area. (3) This section, section 3 and section 12 shall come into force at once and the Government may, by notification in the official Gazette, direct that the remaining provisions of the Act shall come into force in any area on such date as may be appointed in the notification.",
"name": "Short title, local extent and commencement",
"related_acts": "161",
"section_id": 1
},
{
"act_id": 161,
"details": "2. In this Act unless there is anything repugnant in the subject or context- 4* * * (3) \t\"place of public amusement\" means any place, enclosure, building, vessel, tent, booth or other erection, whether permanent or temporary, where music, singing, dancing or any diversion or game or the means of carrying on the same is provided and to which the public are admitted either free or on payment of money or on any other consideration and includes a carnival, circus or amusement park. (4) \t\"prescribed\" means prescribed by rules made under this Act.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 161,
"details": "3. The Government may, by notification in the official Gazette, declare that any places, or classes of places, of public amusement, specified in the notification, shall be notified places of public amusement for the purposes of this Act.",
"name": "Power to declare notified places of public amusement",
"related_acts": "",
"section_id": 3
},
{
"act_id": 161,
"details": "4. No person shall without, or otherwise than in conformity with the conditions of, a license granted under this Act open or keep open any notified place of public amusement.",
"name": "Prohibition to open or keep open a notified place of public amusement without a licence",
"related_acts": "",
"section_id": 4
},
{
"act_id": 161,
"details": "5.(1) the District Magistrate within the limits of his jurisdiction, may, on receipt of an application in the prescribed form, containing the prescribed particulars, and on payment of the prescribed fee, grant to any person a licence to open a notified place of public amusement and to keep the same open for such period as may be specified in the licence on such conditions as may be prescribed in this behalf. (2) When under any law a license is required from any local authority for any place which is a notified place of public amusement under this Act, no license shall be granted under this Act in respect of such place until a license has been obtained from the local authority concerned. (3) A license may be refused in any case in which the District Magistrate has reason to believe that the notified place of public amusement will be conducted in contravention of any of the conditions of a license which he is empowered to grant under this Act or is likely to lead to a breach of the peace, or to cause obstruction, annoyance or injury to residents in the locality.",
"name": "Licence to open and keep open a notified place of public amusement",
"related_acts": "",
"section_id": 5
},
{
"act_id": 161,
"details": "6. The Government may, by notification in the official Gazette, declare that the paying in any notified place of public amusement of any game or class of games specified in the notification is, in its opinion, against the public interest.",
"name": "Power to declare certain games to be against public interest",
"related_acts": "",
"section_id": 6
},
{
"act_id": 161,
"details": "7. The District Magistrate within the limits of his jurisdiction may, by an order in writing served in the prescribed manner, suspend the playing, pending the receipt of the opinion of the Government, in any notified place of public amusement, of any game or class of games which, in his opinion, is against the public interest and shall forthwith refer the matter to the Government for opinion: Provided that no such order shall remain in force for more than two months after it is made.",
"name": "Power to suspend the playing of certain games",
"related_acts": "",
"section_id": 7
},
{
"act_id": 161,
"details": "8.(1) If the District Magistrate, within the limits of his jurisdiction, is satisfied that any notified place of public amusement is being kept open without, or in contravention of the conditions of, a licence granted under this Act he may by an order in writing, serve in the prescribed manner, direct that such place shall be closed within such period as may be specified in the order. If the place is not closed within the period so specified any police officer authorized in writing in this behalf by the District Magistrate may take any steps which may be necessary to close the said place. (2) The owner, the lessee or the manager of such place may apply in the prescribed manner to the District Magistrate for revision of an order passed by him under sub-section (1). (3) Any police officer not below the rank of an Assistant Sub-Inspector may enter any notified place of public amusement if he has reason to believe that such place is being kept open in contravention of the conditions of a licence granted under this Act.",
"name": "Power to close any notified place of public amusement",
"related_acts": "",
"section_id": 8
},
{
"act_id": 161,
"details": "9. If a notified place of public amusement is opened or kept open without, or in contravention of the conditions of, a licence granted under this Act the owner, the lessee or the manager of such place 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.",
"name": "Penalty for unlawfully keeping open a notified place of public amusement",
"related_acts": "",
"section_id": 9
},
{
"act_id": 161,
"details": "10. If a notified place of public amusement is kept open in contravention of an order served under section 8 the owner, the lessee or the manager of such place shall be punishable with fine which may extend to one thousand Taka, for every day on which such place is kept open in contravention of the said order.",
"name": "Penalty for contravention of an order under section 8",
"related_acts": "",
"section_id": 10
},
{
"act_id": 161,
"details": "11. The Government may empower any Sub-divisional Magistrate to exercise within the limits of his jurisdiction any of the powers of the District Magistrate under this Act: Provided that any order passed by a Sub-divisional Magistrate may be reversed or modified by the District Magistrate.",
"name": "Power of Sub-divisional Magistrate",
"related_acts": "",
"section_id": 11
},
{
"act_id": 161,
"details": "12.(1) The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:- (a) \tthe form of applications for the grant of licences under this Act and the particulars to be contained in such applications; (b) \tthe form of licences to be granted under this Act and the fees to be paid for such licences; (c) \tthe conditions of licences to be granted under this Act: Provision may be made by such conditions- (i) \tfor the conduct of the notified place of public amusement in a decent and orderly manner and for securing the decent and orderly behaviour of all persons visiting the same; (ii) \tfor the prevention of gambling therein; (iii) \tprohibiting the playing of any game or class of games which in the opinion of the Government is against the public interest; and (iv) \tprohibiting the playing, pending the receipt of the opinion of the Government, of any game or class of games the playing of which is suspended under section 7; (d) \tthe manner in which orders made under section 7 or section 8 shall be served; (e) \tthe manner of making applications under sub-section (2) of section 8 for revision of an order passed under sub-section (1) of that section.",
"name": "Rules",
"related_acts": "",
"section_id": 12
},
{
"act_id": 161,
"details": "13.\t No civil or criminal proceeding shall be instituted against any person for anything in good faith done or intended to be done under this Act.",
"name": "Indemnity",
"related_acts": "",
"section_id": 13
}
],
"text": "1♣An Act to provide for the better control of certain places of public amusement. WHEREAS it is expedient to provide better control of certain places of public amusement and for the prevention of gambling in such places. * * * It is hereby enacted as follows:-"
} |
{
"id": 162,
"lower_text": [],
"name": "The Wireless Telegraphy Act, 1933",
"num_of_sections": 11,
"published_date": "11th September, 1933",
"related_act": [
162,
55
],
"repelled": false,
"sections": [
{
"act_id": 162,
"details": "1. (1) This Act may be called the Wireless Telegraphy Act, 1933. (2) It extends to the whole of Bangladesh. (3) It shall come into force on such date as the Government may, by notification in the official Gazette, appoint.",
"name": "Short title, extent and commencement",
"related_acts": "162",
"section_id": 1
},
{
"act_id": 162,
"details": "2. In this Act, unless there is anything repugnant in the subject or context,- (1)\t\"wireless communication\" means the making, transmitting or receiving of telegraphic, telephonic or other communications by means of electricity or magnetism without the use of wires or other continuous electrical conductors between the transmitting and the receiving apparatus; (2)\t\"wireless telegraphy apparatus\" means any apparatus, appliance, instrument or material used or capable of use in wireless communication, and includes any article determined by rule made under section 10 to be wireless telegraphy apparatus, but does not include any such apparatus, appliance, instrument or material commonly used for other electrical purposes, unless it has been specially designed or adapted for wireless communication or forms part of some apparatus, appliance, instrument or material specially so designed or adapted, nor any article determined by rule made under section 10 not to be wireless telegraphy apparatus; and (3)\t\"prescribed\" means prescribed by rules made under section 10.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 162,
"details": "3. Save as provided by section 4, no person shall possess wireless telegraphy apparatus except under and in accordance with a licence issued under this Act.",
"name": "Prohibition of possession of wireless telegraphy apparatus without licence",
"related_acts": "",
"section_id": 3
},
{
"act_id": 162,
"details": "4. The Government may by rules made under this Act exempt any person or any class of persons from the provisions of this Act either generally or subject to prescribed conditions, or in respect of specified wireless telegraphy apparatus.",
"name": "Power of Government to exempt persons from provisions of the Act",
"related_acts": "",
"section_id": 4
},
{
"act_id": 162,
"details": "5.(1) The Director-General, Bangladesh Post Office, or an officer authorized by him in this behalf, shall be the authority competent to issue licences to possess wireless telegraphy apparatus under this Act, and may issue licenses in such manner, on such conditions and subject to such payments as may be prescribed: (2) Notwithstanding anything contained in section 4 of the Telegraph Act, 1885 (XIII of 1885), no licence under that Act shall be necessary for the possession of a television receiving apparatus for possessing which a licence issued under this Act is for the time being in force.",
"name": "Licences",
"related_acts": "55",
"section_id": 5
},
{
"act_id": 162,
"details": "6.(1) Whoever possesses any wireless telegraphy apparatus in contravention of the provisions of section 3 shall be punished, in the case of the first offence, with fine which may extend to one hundred Taka, and, in the case of a second or subsequent offence, with fine which may extend to two hundred and fifty Taka. (2) For the purposes of this section a Court may presume that a person possesses wireless telegraphy apparatus if such apparatus is under his ostensible charge, or is located in any premises or place over which he has effective control. (3) If in the trial of an offence under this section the accused is convicted the Court shall decide whether any apparatus in respect of which an offence has been committed should be confiscated, and, if it so decides, may order confiscation accordingly.",
"name": "Offence and penalty",
"related_acts": "",
"section_id": 6
},
{
"act_id": 162,
"details": "7.\t(1) A Magistrate of the first class or a Magistrate of the second class specially empowered by the Government in this behalf, may issue a warrant for the search, at any time between sunrise and sunset, of any building, vessel or place in which he has reason to believe that any wireless telegraphy apparatus, in respect of which an offence punishable under section 6 has been committed, is kept or concealed. (2) The Officer to whom a search warrant under sub-section (1) is addressed may enter into any building, vessel or place mentioned in the warrant and seize any wireless telegraphy apparatus in respect of which he had reason to believe an offence under section 6 has been committed.",
"name": "Power of search",
"related_acts": "",
"section_id": 7
},
{
"act_id": 162,
"details": "8. All wireless telegraphy apparatus confiscated under the provisions of sub-section (3) of section 6, and all wireless telegraphy apparatus having no ostensible owner shall be the property of the Government.",
"name": "Apparatus confiscated or having no owner to be property of Government",
"related_acts": "",
"section_id": 8
},
{
"act_id": 162,
"details": "9. Repealed by the Government of India (Adaptation of Indian Laws) Order, 1937.",
"name": "Repealed",
"related_acts": "",
"section_id": 9
},
{
"act_id": 162,
"details": "10. (1) The Government may, by notification in the official Gazette, make rules for the purpose of carrying into effect the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for- (i) \tdetermining that any article or class of article shall be or shall not be wireless telegraphy apparatus for the purposes of this Act. (ii) \tthe exemption of persons or classes of persons under section 4 from the provisions of this Act. (iii) \tthe manner of and the conditions governing the issue, renewal, suspension and cancellation of licenses, the form of licenses and the payments to be made for the issue and renewal of licenses; (iv) \tthe maintenance of records containing details of the acquisition and disposal by sale or otherwise of wireless telegraphy apparatus possessed by dealers in wireless telegraphy apparatus; (v) \tthe conditions governing the sale of wireless telegraphy apparatus by dealers in and manu-facturers of such apparatus. (3) In making a rule under this section the Government may direct that a breach of it shall be punishable with fine which may extend to one hundred Taka.",
"name": "Power of Government to make rules",
"related_acts": "",
"section_id": 10
},
{
"act_id": 162,
"details": "11. Nothing in this Act contained shall authorize the doing of anything prohibited under the Telegraph Act, 1885, and except as provided in sub-section (2) of section 5, no license issued under this Act shall authorize any person to do anything for the doing of which a license or permission under the Telegraph Act, 1885, is necessary.",
"name": "Saving of Telegraph Act, 1885",
"related_acts": "55,55",
"section_id": 11
}
],
"text": "♣An Act to regulate the possession of wireless telegraphy apparatus. WHEREAS it is expedient to regulate the possession of wireless telegraphy apparatus in Bangladesh; It is hereby enacted as follows:-"
} |
{
"id": 163,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the words \"Bangladesh\" and Government\" were substituted, for the words \"East Pakistan\" or \"Pakistan\" and \"Provincial Government\" respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The word \"Bengal\" was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"3 Clauses (2) and (3) were omitted by First Schedule of the East Pakistan Repealing and Amending Ordinance, 1962 (Ordinance No. XIII of 1962)",
"4 Sub-clause (d) was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"5 The words \"Penal Code\" were substituted, for the words \"Pakistan Penal Code\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"6 Clause (a) was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"7 The words and commas \"where the Provincial Government is satisfied that both he and his father were born in East Pakistan, or that he is a member of a family which has definitely settled in East Pakistan and is himself so settled,\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"8 The words \"East Pakistan or\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"9 The word \"Taka\" was substituted, for the word \"rupees\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Smuggling of Arms Act, 1934",
"num_of_sections": 12,
"published_date": "12th April, 1934",
"related_act": [
75,
163,
430,
38
],
"repelled": false,
"sections": [
{
"act_id": 163,
"details": "1. (1) This Act may be called the 2* * * Smuggling of Arms Act, 1934. (2) It extends to the whole of Bangladesh.",
"name": "Short title and extent",
"related_acts": "163",
"section_id": 1
},
{
"act_id": 163,
"details": "2. In this Act, unless there is anything repugnant in the subject or context,- (1)\t\"arms\" and \"ammunition\" have the same meaning as in section 4 of the Arms Act, 1878; 3* * * (4)\t\"notified area\" means any area which is declared to be a notified area under section 3. (5)\t\"smuggler of arms\" includes any person who- (a)\tsmuggler arms or ammunition into or from Bangladesh, or abets such smuggling; (b)\tsells, purchases, receives or transports, or abets the sale, purchase, receipt or transport of, arms or ammunition which he knows or has reason to believe to have been smuggled; (c)\thas been convicted by any Court in Bangladesh of an offence connected with the smuggling of arms or ammunition; or 4* * *",
"name": "Definitions",
"related_acts": "38",
"section_id": 2
},
{
"act_id": 163,
"details": "3. The Government may, by notification in the official Gazette, declare that any area specified in the notification shall be a notified area for the purposes of this Act.",
"name": "Power to declare notified area",
"related_acts": "",
"section_id": 3
},
{
"act_id": 163,
"details": "4. Whenever it shall appear to any District Magistrate that there is within a notified area within his jurisdiction any person who- (a)\tis a smuggler of arms, and (b)\tresides within or habitually visits or frequents such notified area, the District Magistrate may make a report to the Government with a recommendation that such person be dealt with under the provisions of this Act.",
"name": "Report by district Magistrate",
"related_acts": "",
"section_id": 4
},
{
"act_id": 163,
"details": "5. (1) On receipt of the report of the District Magistrate the Government may make an order for the issue of a warrant for the arrest of the person against whom the report has been made. (2) The warrant shall be in such form as shall be prescribed by the Government by notification in the official Gazette and shall be issued by the District Magistrate and shall contain a statement of the heads of the charges against such person, and shall require him to submit by petition to the advising judges appointed under sub-section (1) of section 6, by such date as may be specified in the warrant, any representation that he may desire to make. (3) The person arrested under such warrant shall be detained in custody until the final order of the Government under section 7 is communicated to him, unless the officer by whom the warrant is issued directs, in his discretion, that such person shall be released from custody on his executing, to the satisfaction of such officer, a bond with sufficient sureties for his attendance at such place and at such time or times as may be specified in the warrant and thereafter as such officer may direct: Provided that while such person is detained in custody he shall be given reasonable facilities, under proper safeguards, for communicating with his legal adviser. (4) The District Magistrate by whom such warrant is issued shall have- (i) \tfor the enforcement of the attendance of the person, against whom the warrant is issued, at such place and at such time or times as may be specified therein (and thereafter as the District Magistrate may direct), in order to communicate to such person the final order of the Government made under section 7, and (ii) \tfor the forfeiture, under section 514 of the Code of Criminal Procedure, 1898, of any bond, executed for the attendance of such person at such place and at such time or times, all the powers of such District Magistrate under the Code of Criminal Procedure, 1898; and the warrant shall for the purposes set forth in clauses (i) and (ii) be deemed to be a warrant issued by a District Magistrate for the arrest of the said person to answer a charge in respect of a non-bailable offence committed by him within the jurisdiction of such Magistrate.",
"name": "Issue of warrant on receipt of report",
"related_acts": "75,75",
"section_id": 5
},
{
"act_id": 163,
"details": "6. (1) After issue of the warrant under section 5, the Government shall forthwith cause the report of the District Magistrate, with all material facts and circumstances in its possession relevant to the same, to be placed before two advising judges, of whom one shall be the District and Sessions Judge having local jurisdiction over the notified area or any portion thereof concerned and the other a District and Sessions Judge or Additional District and Sessions Judge who was held judicial office not below that of an Additional District and Sessions Judge for a total period of not less than three years. (2)\tThe advising Judges shall consider in camera the report and the other facts and circumstances, if any adduced before, them by the Government, and any representation, submitted to them by the person against whom the report has been made within the time fixed by section 5 or such further time as they may allow, and shall call for such further information, if any, and may examine such witnesses, if any, as shall appear to them to be necessary to enable them to tender their advice on the report. They shall also give to the person against whom the report has been made, if he so desires, an opportunity of appearing in person before them to offer his explanation, and may at the instance of that person require the attendance of any other person, whose statement may support that explanation: Provided that- (a) \tnothing in this section shall be deemed to entitle the person whose case is before the advising Judges to appear or be represented before them by pleader, nor shall the Government. (b) \tthe advising Judges shall not disclose to the person in question any fact the communication of which might endanger the safety of any individual, and (c) \tthe advising Judges shall not be bound to observe the rules of evidence and shall not permit the putting of any question which may endanger the safety of any individual. (3) Any statement made to the advising Judges by any person other than the person whose case is before them shall be deemed to be information given to a public servant within the meaning of section 182 of the 5Penal Code, and the advising Judges shall for the purpose of securing the attendance of any person under the provisions of sub-section (2) have all the powers of a District Magistrate under the Code of a Criminal Procedure, 1898. (4) When the advising Judges have reached their conclusions, they shall report the same in writing to the Government. (5) If the person whose case is under their consideration claims, when submitting his representation or when appearing before the advising Judges, that both he and his father were born in Bangladesh or that he is a member of a family which is definitely settled in Bangladesh and is himself so settled, the advising Judges shall give him an opportunity of establishing his claim, and shall also give to the District Magistrate an opportunity of rebutting the same, and at the time of submission of their report to the Government shall record their opinion as to whether such person has established his claim.",
"name": "Government to place report before advising judges",
"related_acts": "",
"section_id": 6
},
{
"act_id": 163,
"details": "7. (1) On receipt of the report of the advising Judges the Government, if satisfied that the person against whom the report has been made, should be removed elsewhere, may by an order reciting the conclusions of the advising Judges, as reported by those Judges,- 6* * * (b) 7*** direct him to leave the notified area within such time, by such route and for such period as may be stated in the order, and may in that case further order that he shall during the same period notify his place of residence and any change on intended change of residence and any absence or intended absence from his residence to the officer appointed by the Government in this behalf. (2) The order of the Government under sub-section (1) shall be final, and shall not be called in question in any subsequent proceeding under section 10 or section 11: Provided that the Government may, at any time, cancel or suspend such order or reduce the period for which the said person is required to leave 8* * * the notified area.",
"name": "Order of removal by Government",
"related_acts": "",
"section_id": 7
},
{
"act_id": 163,
"details": "8. Where any person on whom a warrant has been served under section 5- (i) \tfails to attend at the place and at the time or times specified in the warrant and thereafter when required in order to receive the order of the Government under section 7, or (ii) \tprior to the issue of that order, leaves Bangladesh or the notified area, as the case may be, the Government may issue the order under section 7 in the absence of that person by publishing the same in the official Gazette, and such person shall be deemed to have absconded in order to evade that order: Provided that the Government may condone a failure to attend under clause (i), on reasons for such non-attendance being furnished to its satisfaction, and in that case such person shall not be deemed to have absconded in order to evade the order.",
"name": "Evasion of orders",
"related_acts": "",
"section_id": 8
},
{
"act_id": 163,
"details": "9. Every person in respect of whom an order has been made under section 7 shall, if so directed by the District Magistrate- (i) \tpresent himself to be photographed; (ii) \tallow his finger impression to be recorded; (iii) \tif literate, furnish such officer with specimens of his handwriting and signature; and (iv) \tattend at such times and places as the District Magistrate may direct for all or any of the aforesaid purposes.",
"name": "Identification order",
"related_acts": "",
"section_id": 9
},
{
"act_id": 163,
"details": "10. When any person, against whom an order has been made under section 7, fails to comply with such order within the time specified therein or after complying with the same order returns to, or after evading the same order returns to or remains in, any place within Bangladesh or the notified area, as the case may be, before the expiry of the period stated in the order, or fails to give to the officer appointed to receive it the information in regard to residence or absence set forth in section 7, such person may be arrested without a warrant by police officer and shall, on conviction before a Magistrate of the first class, be liable to be punished with rigorous imprisonment for a term which may extend to two years, or with fine, or with both.",
"name": "Penalty",
"related_acts": "",
"section_id": 10
},
{
"act_id": 163,
"details": "11. (1) Any person who fails to comply with, or attempts to evade, any direction given in accordance with the provisions of section 9 shall be liable to be arrested without a warrant and shall, on conviction before a Magistrate of the first class, be liable to be punished with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand 9Taka or with both. (2) Any offence under this section or under section 10 shall be deemed to be a non-bailable offence.",
"name": "Penalty for breach of order under section 9",
"related_acts": "",
"section_id": 11
},
{
"act_id": 163,
"details": "12. Nothing contained in this Act shall be deemed to prevent any person from being prosecuted under any other law for any act or omission which constitutes as offence punishable under such other law.",
"name": "Operation of other penal laws not barred",
"related_acts": "",
"section_id": 12
}
],
"text": "1♣An Act for the prevention of snuggling of arms and ammunition in Bangladesh. WHEREAS it is expedient to make better provision for the prevention of smuggling of arms and ammunition in Bangladesh; * * * It is hereby enacted as follows:-"
} |
{
"id": 164,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the word \"Government\" was substituted, for the words \"Provincial Government\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The word \"Bangladesh\" was substituted, for the word \"Pakistan\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"3 The words \"in any Province\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"4 The word \"Taka\" was substituted, for the word \"rupees\" by the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973), section 3 and 2nd Schedule.",
"5 The word \"Taka\" was substituted, for the word \"rupees\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Sugar-Cane Act, 1934",
"num_of_sections": 8,
"published_date": "1st May, 1934",
"related_act": [
164,
430
],
"repelled": false,
"sections": [
{
"act_id": 164,
"details": "1. (1) This Act may be called the Sugar-Cane Act, 1934. (2) It extends to the whole of 2Bangladesh. (3) This section shall come into force at once; the remaining sections of this Act shall come into force 3* * * on such date as the Government may, by notification in the official Gazette, appoint in that behalf.",
"name": "Short title, extent and commencement",
"related_acts": "164",
"section_id": 1
},
{
"act_id": 164,
"details": "2. In this Act, unless there is anything repugnant in the subject or context,- (1)\t\"controlled area\" means any area specified in a notification issued under sub-suction (1) of section 3. (2)\t\"factory\" means any premises (including the precincts thereof ) wherein twenty or more workers are working or were working on any day of the preceding twelve months and in any part of which any manufacturing process connected with the production of sugar is being carried on or is ordinarily carried on with the aid of power; and (3)\t\"sugar\" means any form of sugar containing more \tthan ninety per cent. of sucrose.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 164,
"details": "3. (1) The Government may, by notification in the official Gazette, declare any area specified in the notification to be a controlled area for the purposes of this Act. (2) The Government may, by notification in the official Gazette, fix a minimum price or minimum prices for the purchase in any controlled area of sugar-cane intended for use in any factory. (3) The Government may, by notification in the official Gazette, prohibit in any controlled area the purchase of sugar-cane intended for use in any factory otherwise than from the grower of the sugar-cane or from a person licensed by the Government to act as a purchasing agent.",
"name": "Declaration of controlled areas, and fixing of prices",
"related_acts": "",
"section_id": 3
},
{
"act_id": 164,
"details": "4. Not less than thirty days before the issue of any notification under sub-section (1) or sub-section (2) of section 3, the Government shall publish in the official Gazette and in such other manner (if any) as it thinks fit a draft of the proposed notification specifying a date on or after which the draft will be taken into consideration, and shall consider any objection or suggestion which may be received from any person with respect to the draft before the date so specified.",
"name": "Previous publication of notifications under section 3",
"related_acts": "",
"section_id": 4
},
{
"act_id": 164,
"details": "5. Whoever in any controlled area purchases any sugar-cane intended for use in a factory at a price less than the minimum price fixed therefor by notification under sub-section (2) of section 3 or in contravention of any prohibition made under sub-section (3) of section 3 shall be punishable with fine which may extend to two-thousand 4Taka.",
"name": "Penalty for purchase of sugar-cane in contravention of notification under section 3",
"related_acts": "",
"section_id": 5
},
{
"act_id": 164,
"details": "6. No Court shall take cognizance of any offence punishable under section 5 except upon complaint made by order of, or under authority from, the District Magistrate.",
"name": "Sanction for prosecution under this Act",
"related_acts": "",
"section_id": 6
},
{
"act_id": 164,
"details": "7. (1) The Government may, by notification in the official Gazette, make rules for the purpose of carrying into effect the objects of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for- (a) \tthe carrying out of inquiries preliminary to the exercise of the powers conferred by section 3; (b) \testablishing Advisory Committees for any purpose connected with the administration of this Act and defining the powers, functions and procedure of such Committees. (c) \tthe issue of licenses to purchasing agents, the fees for such licences, and the regulation of the purchase and sale of sugar-cane by and to such agents; (d) \tthe organization of growers of sugar-cane into societies for the sale of sugar-cane to factories; (e) \tthe authorities by which any functions under this Act or the rules made thereunder are to be performed; and (f) \tthe records, registers and accounts to be maintained for ensuring compliance with the provisions of this Act. (3) In making any rule under sub-section (1) or under clause (c) or clause (f) of sub-section (2) the Government may provide that a breach of the rule shall, where no other penalty is provided by this Act, be punishable with fine not exceeding two-thousand 5Taka.",
"name": "Power of Government to make rules",
"related_acts": "",
"section_id": 7
},
{
"act_id": 164,
"details": "8. The Government after previous publication may, by notification in the official Gazette, make rules providing for the exemption of factories or any class of factories from the provisions of this Act.",
"name": "Power to Government to make rules",
"related_acts": "",
"section_id": 8
}
],
"text": "1♠An Act to regulate the price of sugar-cane intended for use in sugar factories. WHEREAS it is expedient, for the purpose of assuring to sugar-cane growers a fair price for their produce, to regulate the price at which sugar-cane intended to be used in the manufacture of sugar may be purchased by or for factories; It is hereby enacted as follows:-"
} |
{
"id": 165,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the words \"Bangladesh\" and \"Government\" were substituted, for the words \"Pakistan\" and \"Central Government\" respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The word \"Bangladesh\" was substituted, for the words \"any part of Pakistan\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The word \"Taka\" was substituted, for the word \"rupees\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"4 The words \"Supreme Court\" were substituted, for the words \"High Court\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Carriage By Air Act, 1934",
"num_of_sections": 4,
"published_date": "19th August, 1934",
"related_act": [
430,
165,
86,
7
],
"repelled": false,
"sections": [
{
"act_id": 165,
"details": "1. (1) This Act may be called the Carriage By Air Act, 1934. (2) It extends to the whole of Bangladesh. (3) It shall come into force on such date as the Government may, by notification in the official Gazette, appoint.",
"name": "Short title, extent and commencement",
"related_acts": "165",
"section_id": 1
},
{
"act_id": 165,
"details": "2. (1) The rules contained in the First Schedule, being the provisions of the Convention relating to the rights and liabilities of carriers, passengers, consignors, consignees and other persons, shall, subject to the provisions of this Act, have the force of law in Bangladesh in relation to any carriage by air to which those rules apply, irrespective of the nationality of the aircraft performing the carriage. (2) The Government may, by notification in the official Gazette, certify who are the High Contracting Parties to the Convention, in respect of what territories they are parties, and to what extent they have availed themselves of the Additional Protocol to the Convention, and any such notification shall be conclusive evidence of the matters certified therein. (3) Any reference in the First Schedule to the territory of any High Contracting Party to the Convention shall be construed as a reference to all the territories in respect of which he is a party. (3A) Any reference in the First Schedule to agents of the carrier shall be construed as including a reference to servants of the carrier. (4) Notwithstanding anything contained in the Fatal Accidents Act, 1855, or any other enactment or rule of law in force in 2Bangladesh, the rules contained in the First Schedule shall, in all cases to which those rules apply, determine the liability of a carrier in respect of the death of a passenger, and the rules contained in the Second Schedule shall determine the persons by whom and for whose benefit and the manner in which such liability may be enforced. (5) Any sum in francs mentioned in rule 22 of the First Schedule shall, for the purpose of any action against a carrier, be converted into 3Taka at the rate of exchange prevailing on the date on which the amount of damages to be paid by the carrier is ascertained by the Court.",
"name": "Application of the Convention to Bangladesh",
"related_acts": "7",
"section_id": 2
},
{
"act_id": 165,
"details": "3. (1) Every High Contracting Part to the Convention who has not availed himself of the provisions of the Additional Protocol thereto shall, for the purposes of any suit brought in a Court in Bangladesh in accordance with the provisions of rule 28 of the First Schedule to enforce a claim in respect of carriage undertaken by him, be deemed to have submitted to the jurisdiction of that Court and to be a person for the purposes of the Code of Civil Procedure, 1908. (2) The 4Supreme Court may make rules of procedure providing for all matters which may be expedient to enable such suits to be instituted and carried on. (3) Nothing in this section shall authorize any Court to attach or sell any property of a High Contracting Party to the Convention.",
"name": "Provisions regarding suits against High Contracting Parties who undertake carriage by air",
"related_acts": "86",
"section_id": 3
},
{
"act_id": 165,
"details": "4. The Government may, by notification in the official Gazette, apply the rules contained in the First Schedule and any provision of section 2 to such carriage by air, not being international carriage by air as defined in the First Schedule, as may by specified in the notification, subject however to such exceptions, adaptations and modifications, if any, as may be so specified.",
"name": "Application of Act to carriage by air which is not international",
"related_acts": "",
"section_id": 4
}
],
"text": "1♣An Act to give effect in Bangladesh to a Convention for the unification of certain rules relating to international carriage by air. WHEREAS a Convention for the unification of certain rules relating to international carriage by air (hereinafter referred to as the Convention) was, on the 12th day of October, 1929, signed at Warsaw; AND WHEREAS it is expedient that Bangladesh should accede to the convention and should make provision for giving effect to the said convention in Bangladesh; AND WHEREAS it is also expedient to make provision for applying the rules contained in the Convention (subject to exceptions, adaptations and modifications) to carriage by air in Bangladesh which is not international carriage within the meaning of the Convention; It is hereby enacted as follows:-"
} |
{
"id": 166,
"lower_text": [
"1 The words and comma \"refining, blending or reclaiming by recycling\" were substituted, for the words and comma \"refining, blending\" by section 2 of the Petroleum (Amendment) Ordinance, 1986 (Ordinance No. XXXIX of 1986).",
"2 Clauses (b) and (bb) were substituted, for clause (b) by section 3 of the Petroleum (Amendment) Ordinance, 1986 (Ordinance No. XXXIX of 1986).",
"3 The comma and words \", and includes moving from one place to another in Pakistan across territory which is not part of Pakistan\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"4 The comma and words \", otherwise than during the course of transport\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"5 A semi-colon was substituted, for the full-stop at the end of clause (h) and thereafter clauses (i), (j), (k) and (l) were added by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"6 The word and figure \"class II\" were substituted, for the word \"non-dangerous\" by section 3 of the Petroleum (Amendment) Ordinance, 1986 (Ordinance No. XXXIX of 1986).",
"7 The word and figure \"class I\" were substituted, for the word \"dangerous\" by section 3 of the Petroleum (Amendment) Ordinance, 1986 (Ordinance No. XXXIX of 1986).",
"8 The words and figures \"class I and class II\" were substituted, for the words \"dangerous and non-dangerous\" by section 3 of the Petroleum (Amendment) Ordinance, 1986 (Ordinance No. XXXIX of 1986).",
"9 The words \"store or distribute\" were substituted, for the words \"or store\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"10 The word and figure \"class I\" were substituted, for the word \"dangerous\" by section 4 of the Petroleum (Amendment) Ordinance, 1986 (Ordinance No. XXXIX of 1986).",
"11 The comma and words \", store or distribute\" were substituted, for the words \"or store\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"12 The word and figure \"class I\" were substituted, for the word \"dangerous\" by section 4 of the Petroleum (Amendment) Ordinance, 1986 (Ordinance No. XXXIX of 1986).",
"13 The word and figure \"class I\" were substituted, for the word \"dangerous\" by section 4 of the Petroleum (Amendment) Ordinance, 1986 (Ordinance No. XXXIX of 1986).",
"14 The comma and words \", storage and distribution\" were substituted, for the words \"and storage\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"15 The word \"and\" was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"16 Clauses (l), (m), (n), (o) and (p) were substituted, for clause (l) by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"17 The words and comma \"refine, blend or reclaim by recycling\" were substituted, for the words \"refine or blend\" by section 5 of the Petroleum (Amendment) Ordinance, 1986 (Ordinance No. XXXIX of 1986)",
"18 The words and comma \"refined, blended or reclaimed by recycling\" were substituted, for the words \"refined or blended\" by section 5 of the Petroleum (Amendment) Ordinance, 1986 (Ordinance No. XXXIX of 1986).",
"19 The words and comma \"refined, blended or reclaimed by recycling\" were substituted, for the words \"refined or blended\" by section 5 of the Petroleum (Amendment) Ordinance, 1986 (Ordinance No. XXXIX of 1986).",
"20 The word and figure \"class I\" were substituted, for the word \"dangerous\" by section 6 of the Petroleum (Amendment) Ordinance, 1986 (Ordinance No. XXXIX of 1986).",
"21 The word and figure \"class I\" were substituted, for the word \"dangerous\" by section 6 of the Petroleum (Amendment) Ordinance, 1986 (Ordinance No. XXXIX of 1986).",
"22 The word and figure \"class I\" were substituted, for the word \"dangerous\" by section 6 of the Petroleum (Amendment) Ordinance, 1986 (Ordinance No. XXXIX of 1986).",
"23 The words \"nine litres\" were substituted, for the words \"two gallons\" by section 6 of the Petroleum (Amendment) Ordinance, 1986 (Ordinance No. XXXIX of 1986).",
"24 The word and figure \"class I\" were substituted, for the word \"dangerous\" by section 6 of the Petroleum (Amendment) Ordinance, 1986 (Ordinance No. XXXIX of 1986).",
"25 The word and figure \"class II\" were substituted, for the words \"non-dangerous\" by section 7 of the Petroleum (Amendment) Ordinance, 1986 (Ordinance No. XXXIX of 1986).",
"26 The words \"two thousand litres\" were substituted, for the words \"five hundred gallons\" by section 7 of the Petroleum (Amendment) Ordinance, 1986 (Ordinance No. XXXIX of 1986).",
"27 The words \"one thousand litres\" were substituted, for the words \"two hundred gallons\" by section 7 of the Petroleum (Amendment) Ordinance, 1986 (Ordinance No. XXXIX of 1986)",
"28 The word and figure \"class I\" were substituted, for the words \"dangerous\" by section 8 of the Petroleum (Amendment) Ordinance, 1986 (Ordinance No. XXXIX of 1986).",
"29 The words \"twenty-five litres\" were substituted, for the words \"six gallons\" by section 8 of the Petroleum (Amendment) Ordinance, 1986 (Ordinance No. XXXIX of 1986).",
"30 The word and figure \"Class I\" was substituted, for the words \"Dangerous\" by section 8 of the Petroleum (Amendment) Ordinance, 1986 (Ordinance No. XXXIX of 1986).",
"31 The words \"one litre\" were substituted, for the words \"one quart\" by section 8 of the Petroleum (Amendment) Ordinance, 1986 (Ordinance No. XXXIX of 1986).",
"32 The words \"twenty litres\" were substituted, for the words \"five gallons\" by section 8 of the Petroleum (Amendment) Ordinance, 1986 (Ordinance No. XXXIX of 1986).",
"33 The word and figure \"class I\" were substituted, for the words \"dangerous\" by section 9 of the Petroleum (Amendment) Ordinance, 1986 (Ordinance No. XXXIX of 1986).",
"34 The words \"ninety litres\" were substituted, for the words \"twenty gallons\" by section 9 of the Petroleum (Amendment) Ordinance, 1986 (Ordinance No. XXXIX of 1986).",
"35 The word and figure \"class I\" were substituted, for the words \"dangerous\" by section 9 of the Petroleum (Amendment) Ordinance, 1986 (Ordinance No. XXXIX of 1986).",
"36 The words \"ninety litres\" were substituted, for the words \"twenty gallons\" by section 9 of the Petroleum (Amendment) Ordinance, 1986 (Ordinance No. XXXIX of 1986).",
"37 The word and figure \"class I\" were substituted, for the words \"dangerous\" by section 9 of the Petroleum (Amendment) Ordinance, 1986 (Ordinance No. XXXIX of 1986).",
"38 The words \"twenty-five litres\" were substituted, for the words \"six gallons\" by section 9 of the Petroleum (Amendment) Ordinance, 1986 (Ordinance No. XXXIX of 1986).",
"39 The words \"the railway\" were substituted, for letter and word \"a railway\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"40 Section 11 was substituted, for the former section 11 by section 10 of the Petroleum (Amendment) Ordinance, 1986 (Ordinance No. XXXIX of 1986)",
"41 The words and comma \"stored, distributed\" were substituted, for the words \"stored\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"42 The words and comma \"refined, blended or reclaimed by recycling\" were substituted, for the words \"refined or blended\" by section 12 of the Petroleum (Amendment) Ordinance, 1986 (Ordinance No. XXXIX of 1986).",
"43 The words and comma \"stored, distributed\" were substituted, for the words \"stored\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"44 The words and comma \"refined, blended or reclaimed by recycling\" were substituted, for the words \"refined or blended\" by section 12 of the Petroleum (Amendment) Ordinance, 1986 (Ordinance No. XXXIX of 1986).",
"45 The word and figure \"class I\" were substituted, for the word \"dangerous\" by section 13 of the Petroleum (Amendment) Ordinance, 1986 (Ordinance No. XXXIX of 1986).",
"46 The word and figure \"class II\" were substituted, for the word \"non-dangerous\" respectively by section 13 of the Petroleum (Amendment) Ordinance, 1986 (Ordinance No. XXXIX of 1986).",
"47 The word and figure \"class II\" were substituted, for the word \"non-dangerous\" by section 13 of the Petroleum (Amendment) Ordinance, 1986 (Ordinance No. XXXIX of 1986).",
"48 The word and figure \"class I\" were substituted, for the word \"dangerous\" by section 13 of the Petroleum (Amendment) Ordinance, 1986 (Ordinance No. XXXIX of 1986).",
"49 The word and figure \"class II\" were substituted, for the word \"non-dangerous\" respectively by section 13 of the Petroleum (Amendment) Ordinance, 1986 (Ordinance No. XXXIX of 1986).",
"50 The word and figure \"class II\" were substituted, for the word \"non-dangerous\" respectively by section 13 of the Petroleum (Amendment) Ordinance, 1986 (Ordinance No. XXXIX of 1986).",
"51 The words and comma \"stores, distributes\" were substituted, for the word \"stores\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"52 The words and comma \"refines, blends or reclaims by recycling\" were substituted, for the words \"refines or blends\" by section 14 of the Petroleum (Amendment) Ordinance, 1986 (Ordinance No. XXXIX of 1986).",
"53 The comma and words \", stored or distributed\" were substituted, for the words \"or stored\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"54 The words and comma \"stored, distributed\" were substituted, for the word \"stored\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"55 The words and comma \"refined, blended or reclaimed by recycling\" were substituted, for the words \"refined or blended\" by section 14 of the Petroleum (Amendment) Ordinance, 1986 (Ordinance No. XXXIX of 1986).",
"56 The words and comma \"stored, distributed\" were substituted, for the word \"stored\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"57 The words and comma \"refined, blended or reclaimed by recycling\" were substituted, for the words \"refined or blended\" by section 14 of the Petroleum (Amendment) Ordinance, 1986 (Ordinance No. XXXIX of 1986).",
"58 The words and commas \"with imprisonment for a term which may extend to three months, or with fine which may extend to five thousand Taka, or with both\" were substituted, for the words \"with fine which may extend to five hundred Taka\" by section 14 of the Petroleum (Amendment) Ordinance, 1986 (Ordinance No. XXXIX of 1986).",
"59 The words and commas \"with imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand Taka, or with both\" were substituted, for the words \"with fine which may extend to two thousand Taka\" by section 14 of the Petroleum (Amendment) Ordinance, 1986 (Ordinance No. XXXIX of 1986).",
"60 The comma and words \", storing or distributing\" were substituted, for the words \"or storing\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act VIII of 1973).",
"61 The comma and words \", store or distribute\" were substituted, for the words \"or store\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act VIII of 1973).",
"62 The words \"High Court Division\" were substituted, for the words \"High Court\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"63 The words and comma \"stored, distributed\" were substituted, for the words \"stored\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"64 The words and comma \"refined, blended or reclaimed by recycling\" were substituted, for the words \"refined or blended\" by section 15 of the Petroleum (Amendment) Ordinance, 1986 (Ordinance No. XXXIX of 1986)",
"65 The words \"and to the Chief Inspector of Explosives in Bangladesh\" were inserted by section 16 of the Petroleum (Amendment) Ordinance, 1986 (Ordinance No. XXXIX of 1986)",
"66 Section 28A was inserted by section 17 of the Petroleum (Amendment) Ordinance, 1986 (Ordinance No. XXXIX of 1986)",
"67 The words, commas and figures \"unless section 8 of the Coroners Act, 1871, is applicable to the circumstances\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"68 The words, brackets and figure \"and of any inquiry held by a coroner in a case to which sub-section (1) refers\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"69 The words \"and the Provincial Government\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"70 Section 28A was inserted by section 17 of the Petroleum (Amendment) Ordinance, 1986 (Ordinance No. XXXIX of 1986).",
"71 The words and comma \"storage, distribution' were substituted, for the word \"storage\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"72 The words and comma \"refining, blending or reclaiming by recycling\" were substituted, for the words \"refining or blending\" by section 18 of the Petroleum (Amendment) Ordinance, 1986 (Ordinance NO. XXXIX of 1986).",
"73 The words \"province or\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)."
],
"name": "The Petroleum Act, 1934",
"num_of_sections": 33,
"published_date": "6th September, 1934",
"related_act": [
65,
75,
430,
166
],
"repelled": true,
"sections": [
{
"act_id": 166,
"details": "1. (1) This Act may be called the Petroleum Act, 1934. (2) It extends to the whole of Bangladesh. (3) It shall come into force on such date as the Government may, by notification in the official Gazette, appoint.",
"name": "Short title, extent and commencement",
"related_acts": "166",
"section_id": 1
},
{
"act_id": 166,
"details": "2. In this Act, unless there is anything repugnant in the subject or context,- (a) \"petroleum\" means any liquid hydrocarbon or mixture of hydrocarbons, and any inflammable mixture (liquid, viscous or solid ) containing any liquid hydrocarbon; 2(b)\t\"class I petroleum\" means petroleum having its flashing-point below twenty-three degrees centi-grade; (bb)\t\"class II petroleum\" means petroleum having its flashing-point below sixty-one degrees but not below twenty-three degrees centigrade; (c)\t\"flashing-point\" of any petroleum means the lowest temperature at which it yields a vapour which will give a momentary flash when ignited, determined in accordance with the provisions of Chapter II and the rules made thereunder; (d)\t\"to transport\" means to move petroleum from one place to another within Bangladesh by land, sea or air 3***; (e)\t\"to import\" petroleum means to bring it into Bangladesh by land, sea or air 4* * *; (f)\t\"to store\" petroleum means to keep it in any one place, but does not include any detention happening during the ordinary course of transport; (g)\t\"motor conveyance\" means any vehicle, vessel or aircraft for the conveyance of human beings, animals or goods, by land, water or air, in which petroleum is used to generate the motive power; (h)\t\"prescribed\" means prescribed by rules made under this Act 5; (i)\t\"oil marketing company\" means a company, organisation or other person having right, under the authority of the Government or otherwise, of marketing petroleum in Bangladesh; (j)\t\"agent\", in relation to oil marketing company, means a person, including a firm and a company, appointed with approval of the Government by an oil marketing company to be its agent for dealing in 6class II petroleum; (k)\t\"dealer\" means a person including a firm and a company, appointed with the approval of the Government by an oil marketing company to be a dealer for dealing in 7class I petroleum; and (l)\t\"stockist\" means a person, including a firm and a company, appointed with the approval of the Government by an oil marketing company to be a stockist for maintaining stock, and for distribution among the agents and dealers, of both 8class I and class II petroleum.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 166,
"details": "3. (1) No one shall import, transport 9store or distribute any petroleum save in accordance with the rules made under section 4. (2) Save in accordance with the conditions of any licence for the purpose which he may be required to obtain by rules make under section 4, on one shall import any 10class I petroleum, and no one shall transport 11, store or distribute any petroleum.",
"name": "Import, transport and storage of petroleum",
"related_acts": "",
"section_id": 3
},
{
"act_id": 166,
"details": "4. The Government may make rules- (a) \tprescribing places where petroleum may be imported and prohibiting its import elsewhere; (b) \tregulating the import of petroleum; (c) \tprescribing the periods within which licences for the import of 12class I petroleum shall be applied for, and providing for the disposal, by confiscation or otherwise, of any 13class I petroleum in respect of which a licence has not been applied for within the prescribed period or has been refused and which has not been exported; (d) \tregulating the transport of petroleum; (e) \tspecifying the nature and condition of all receptacles and pipe-lines in which petroleum may be transported; (f) \tregulating the places at which and prescribing the conditions subject to which petroleum may be stored; (g) \tspecifying the nature, situation and condition of all receptacles in which petroleum may be stored; (h) \tprescribing the form and conditions of licences for the import of dangerous petroleum, and for the transport or storage of any petroleum, the manner in which applications for such licences shall be made, the authorities which may grant such licences and the fees which may be charged for such licences;\t(i) \tdetermining in any class of cases whether a licence for the transport of petroleum shall be obtained by the consignor. consignee or carrier; (j) \tproviding for the granting of combined licences for the import, transport 14, storage and distribution of petroleum, or for any two of such purposes; (k) \tprescribing the proportion in which any specified poisonous substance may be added to petroleum, and prohibiting the import, transport or storage of petroleum in which the proportion of any specified poisonous substance exceeds the prescribed proportion; 15* * * 16(l) \tregulating the distribution of petroleum; (m) \tprescribing the conditions for the appointment of, and the granting of the licences to, agents, dealers and stockist; (n) \tprescribing the form and conditions of agreement between and agent, dealer or stockist and an oil marketing company; (o) \tproviding for cancellation or restoration of licences of an agent or a dealer and of agreement between an oil marketing company and an agent, dealer or stockist; and (p) \tgenerally, providing for any matter which in its opinion, in expedient for proper control over the import, transport, storage and distribution of petroleum.",
"name": "Rules for the import, transport and storage of petroleum",
"related_acts": "",
"section_id": 4
},
{
"act_id": 166,
"details": "5. (1) No one shall produce, 17refine, blend or reclaim by recycling petroleum save in accordance with the rules made under sub-section (2). (2) The Government may make rules- (a) \tprescribing the conditions subject to which petroleum may be produced, 18refined, blended or reclaimed by recycling and (b) \tregulating the removal of petroleum from places where it is produced 19refined, blended or reclaimed by recycling and preventing the storage therein and removal therefrom, except as 20class I petroleum of any petroleum which has not satisfied the prescribed tests.",
"name": "Production, refining and blending of petroleum",
"related_acts": "",
"section_id": 5
},
{
"act_id": 166,
"details": "6. All receptacles containing 21class I petroleum shall have a stamped, embossed, painted or printed warning, either on the receptacles itself or, where that is impracticable, displayed near the receptacle, exhibiting in conspicuous characters the words \"Petrol\" or \"Motor Spirit\" or an equivalent warning of the 22class I nature of the petroleum: Provided that this section shall not apply to- (a) \tany securely stoppered glass, stoneware or metal receptacle of less than 23nine litres capacity containing 24class I petroleum which is not for sale, or (b) \ta tank incorporated in a motor conveyance, or attached to an internal combustion engine, and containing intended to be used to generate motive power for the motor conveyance or engine, or (c) \ta pipe-line for the transport of petroleum, or (d) \tany tank which is wholly underground, (e) \tany class of receptacles which the Government may, by notification in the official Gazette, exempt from the operation of this section.",
"name": "Receptacles of class I petroleum to show a warning",
"related_acts": "",
"section_id": 6
},
{
"act_id": 166,
"details": "7. Notwithstanding anything contained in this Chapter a person need not obtain a licence for the transport or storage of 25class II petroleum if the total quantity in his possession at any one place does not exceed 26two thousand litres and none of it is contained in a receptacles exceeding 27one thousand litres in capacity.",
"name": "No licence needed for small stocks of class II petroleum not in bulk",
"related_acts": "",
"section_id": 7
},
{
"act_id": 166,
"details": "8. (1) Notwithstanding anything contained in this chapter, a person need not obtain a licence for the import, transport or storage of 28class I petroleum not intended for sale if the total quantity in his possession does not exceed 29twenty-five litres. (2) 30Class I petroleum possessed without a licence under this section shall be kept in securely stoppered receptacles of glass, stoneware or metal which shall not in the case of receptacles of glass or stoneware exceed 31one litre in capacity or in the case of receptacles of metal 32twenty litres in capacity.",
"name": "No licence needed for small quantities of class I petroleum",
"related_acts": "",
"section_id": 8
},
{
"act_id": 166,
"details": "9. (1) The owner of a motor conveyance, who complies with requirements of the law for the time being in force relating to the registration and licencing of such conveyance and its driver or pilot and the owner of any stationary internal combustion engine, shall not be required to contain a licence- (a) \tfor the import, transport or storage of any petroleum contained in any fuel tank incorporated in the conveyance or attached to the internal combustion engine, or (b) \tfor the transport or storage of 33class I petroleum, not exceeding 34ninety litres in quantity in addition to any quantity possessed under clause (a), provided the petroleum is intended to be used to generate motive power for the motor conveyance or engine: Provided further that the total quantity of 35class I petroleum which may be stored without a licence under clause (b) shall not exceed 36ninety litres, notwithstanding that such owner may possess other motor conveyances or engines. (2) The 37class I petroleum transported or stored without a licence under clause (b) of sub-section (1) shall be kept as provided in sub-section (2) of section 8, and, if it exceeds 38twenty-five litres in quantity shall be stored in an isolated place which does not communicate with any room where any person resides or works or in any room where persons assemble.",
"name": "Exemptions for motor conveyances and stationary engines",
"related_acts": "",
"section_id": 9
},
{
"act_id": 166,
"details": "10. Notwithstanding anything contained in this Chapter, 39the railway administration, as defined in section 3 of the Railways Act, 1890, need not obtain any licence for the import or transport of any petroleum in its possession in its capacity as carrier.",
"name": "No licence needed by railway administration acting as carrier",
"related_acts": "65",
"section_id": 10
},
{
"act_id": 166,
"details": "4011. Nothing in this Chapter shall apply to the storage transport and import of any petroleum which has its flashing point not below ninety-five degrees centigrade.",
"name": "Exemption",
"related_acts": "",
"section_id": 11
},
{
"act_id": 166,
"details": "12. The Government may, by notification in the official Gazette, exempt any petroleum specified in the notification from all or any of the provisions of this Chapter.",
"name": "General power of exemption",
"related_acts": "",
"section_id": 12
},
{
"act_id": 166,
"details": "13.(1) The Government may authorise any officer by name or by virtue of office to enter any place where petroleum is being imported, 41stored, distributed produced, 42refined blended or reclaimed by recycling or is under transport, and inspect all receptacles, plant and appliances used in connection with petroleum in order to ascertain if they are in accordance with the provisions of this Chapter and the rules made thereunder. (2) The Government may make rules regulating the procedure of officers authorised under this section.",
"name": "Inspection of places",
"related_acts": "",
"section_id": 13
},
{
"act_id": 166,
"details": "14.(1) The Government may, by notification in the official Gazette, authorize any officer by name or by virtue of office to enter any place where petroleum is being imported, transported, 43stored, distributed, produced, 44refined, blended or reclaimed by recycling and to inspect and take samples for testing of any petroleum found therein. (2) \tThe Government may make rules- (a) \tregulating the taking of samples of petroleum for testing, (b) \tdetermining the cases in which payment shall be made for the value of samples taken, and the mode of payment, and (c) \tgenerally, regulating the procedure of officers exercising powers under this section.",
"name": "Inspection and sampling of petroleum",
"related_acts": "",
"section_id": 14
},
{
"act_id": 166,
"details": "15. (1) A standard apparatus for determining the flashing point of petroleum shall be deposited with an officer to be appointed in this behalf by the Government, by notification the official Gazette. (2) Such apparatus shall be engraved with the words \"Standard Test Apparatus\", and shall be verified and corrected form time to time and replaced when necessary, in accordance with rules made under section 21. (3) The Standard Test Apparatus shall, on payment of the prescribed fee, be open to inspection at all reasonable times by any person wishing inspect to it.",
"name": "Standard Test Apparatus",
"related_acts": "",
"section_id": 15
},
{
"act_id": 166,
"details": "16.(1) The officer appointed under section 15 shall, on payment of the prescribed fee, if any, compare with the Standard Test Apparatus any apparatus for determining the flashing-point of petroleum which may be submitted to him for him for this purpose. (2) If any apparatus is found by him to agree with the Standard Test Apparatus within prescribed limits, the officer shall engrave such apparatus with a special-number and with the date of the comparison, and shall give a certificate in respect of it in the prescribed form, certifying that on the said date the apparatus was compared with the standard Test Apparatus and was found to agree with it within the prescribed limits, and specifying any corrections to be made in the results of tests carried out with the apparatus. (3) A certificate granted under this section shall be valid for such period as may be prescribed. (4) A certificate granted under this section shall, during the period for which it is valid, be proof, until the contrary is proved, of any matter stated therein. (5) The officer shall keep a register in the prescribed form of all certificates granted by him under this section.",
"name": "Certification of other Test Apparatus",
"related_acts": "",
"section_id": 16
},
{
"act_id": 166,
"details": "17. The Government may authorise any officer by name or by virtue of office to test petroleum of which samples have been taken under this Act, or which may have been submitted to him for test by any person, and to grant certificates of the results of such tests.",
"name": "Testing officers",
"related_acts": "",
"section_id": 17
},
{
"act_id": 166,
"details": "18. All tests of petroleum made under this Act, shall be made with a test apparatus in respect of which there is a valid certificate under section 16, shall have due regard to any correction specified in that certificate, and shall be carried out in accordance with rules made under section 21.",
"name": "Manner of test",
"related_acts": "",
"section_id": 18
},
{
"act_id": 166,
"details": "19. (1) The testing officer after testing samples of petroleum shall make out a certificate in the prescribed form, stating whether the petroleum is 45class I or 46Class II, and if the petroleum is 47class II, the flashing-point of the petroleum. (2) The testing officer shall furnish the person concerned, at his request, with a certified copy of the certificate, on payment of the prescribed fee, and such certified copy may be produced in any Court in proof of the contents of the original certificate. (3) A certificate given under this section shall be admitted as evidence in any proceeding which may be taken under this Act in respect, or the petroleum from which the samples were taken, and shall until the contrary is proved, be conclusive proof that the petroleum is, 48class I or 49class II as the case may be, and, if the petroleum is 50class II, of its flashing point.",
"name": "Certificate of testing",
"related_acts": "",
"section_id": 19
},
{
"act_id": 166,
"details": "20.(1) The owner of any petroleum, or his agent, who is dissatisfied with the result of the test of the petroleum may, within seven days from the date on which he received intimation of the result of the test, apply to the officer empowered under section 14 to have fresh samples of the petroleum taken and tested. (2) On such application and on payment of the prescribed fee, fresh samples of the petroleum shall be taken in the presence of such owner or agent or person deputed by him, and shall be tested in the presence of such owner or agent or person deputed by him. (3) If, on such re-test, it appears that the original test was erroneous, the testing officer shall cancel the original certificate granted under section 19, shall make out a fresh certificate, and shall furnish the owner of the petroleum, or his agent, with a certified copy thereof, free of charge.",
"name": "Right to require re-tests",
"related_acts": "",
"section_id": 20
},
{
"act_id": 166,
"details": "21. The Government may make rules- (a) \tfor the specification, verification, correction and replacement of the Standard Test Apparatus; (b) \tprescribing fees for the inspection of the Standard Test Apparatus; (c) \tregulating the procedure in comparing a test apparatus with the Standard Test Apparatus; (d) \tprescribing the form of certificate to be given in respect of a test apparatus so compared, and the period for which such certificates shall be valid; (e) \tprescribing the form of the register of such certificates; (f) \tprescribing fees for comparing a test apparatus with the Standard Test Apparatus; (g) \tregulation the procedure of testing officers in carrying out tests of petroleum, providing for the averaging of results where several samples of the same petroleum are tested, and prescribing the variations from standard temperatures which may be allowed; (h) \tprescribing the form of certificates of tests of petroleum and the fees which may be charged therefor; (i) \tproviding where the results of the testing of samples raise a doubt as to the uniformity of the quality of the petroleum in any lot under test, for the division of the lot into sub-lots, and for the selection and testing of samples of each sub-lot and for the averaging of results in accordance with the results of tests of those samples; (j) \tprescribing fees for re-tests under section 20 and providing for their refund where the original test was erroneous; and (k) \tgenerally, regulating the procedure of all officers performing duties connected with the testing of petroleum and providing for any matter incidental to such testing.",
"name": "Power to make rules regarding tests",
"related_acts": "",
"section_id": 21
},
{
"act_id": 166,
"details": "22. The Government may also make rules providing specially for the testing of any form of petroleum which is viscous or solid or contains sediment or thickening ingredients, and such rules may modify or supplement any of the provisions of this Chapter or of the rules made under section 21 in order to adapt them to the special needs of such tests.",
"name": "Special rules for testing viscous or solid forms of petroleum",
"related_acts": "",
"section_id": 22
},
{
"act_id": 166,
"details": "23.(1) Whoever- (a) \tin contravention of any of the provisions of Chapter I or of any of the rules made thereunder, imports, transports, 51stores, distributes produces, 52refines, blends or reclaims by recycling blends any petroleum, or (b) \tcontravenes any rule made under section 4 or section 5, or (c) \tbeing the holder of a licence issued under section 4 or a person for the time being placed by the holder of such licence in control or in charge of any place where petroleum is being imported 53, stored or distributed or is under transport, contravenes any condition of such licence or suffers any condition of such licence to be contravened, or (d) \tbeing for the time in control or in charge of any place where petroleum is being imported, 54stored, distributed produced, 55refined, blended or reclaimed by recycling or is under transport, refuses or neglects to show to any officer authorised under section 13 any receptacle, plant or appliance used in such place in connection with petroleum, or in any way obstructs or fails to render reasonable assistance to such officer during an inspection, or (e) \tbeing for the time being in control or in charge of any place where petroleum is being imported, transported 56stored, distributed, produced, 57refined, blended or reclaimed by recycling refuses or neglects to show to any officer authorised under section 14 any petroleum in such place, or to give him such assistance as he may require for the inspection of such petroleum or refuses to allow him to take samples of the petroleum, or (f) \tbeing required, under section 27, to give information of an accident fails to give such information as so required by that section, shall be punishable 58with imprisonment for a term which may extend to three months, or with fine which may extend to five thousand Taka, or with both. (2) If any person, having been convicted of an offence punishable under sub-section (1), is again guilty of any offence punishable under that sub-section, he shall be punishable for every such subsequent offence with 59with imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand Taka, or with both.",
"name": "General penalty for offences under this Act",
"related_acts": "",
"section_id": 23
},
{
"act_id": 166,
"details": "24.(1) In any case in which an offence under clause (a) or clause (b) or clause (c) or sub-section (1) of section 23 has been committed, the convicting Magistrate may direct that (a) \tthe petroleum in respect of which the offence has been committed, or (b) \twhere the offender is convicted of importing, transporting 60, storing or distributing petroleum exceeding the quantity he is permitted to import, transport 61, store or distribute as the case may be, the whole of the petroleum in respect of which the offence was committed, shall, together with the receptacles in which it is contained, be confiscated. (2) This power may also be exercised by the 62High Court Division in the exercise of its appellate or revisional powers.",
"name": "Confiscation of petroleum and receptacles",
"related_acts": "",
"section_id": 24
},
{
"act_id": 166,
"details": "25. Offences punishable under this Act shall be triable, by a Magistrate of the first class, or by a Magistrate of the second class who has been specially empowered by the Government in this behalf.",
"name": "Jurisdiction",
"related_acts": "",
"section_id": 25
},
{
"act_id": 166,
"details": "26.(1) The Government may, by notification in the official Gazette, authorise any officer by name or by virtue of office to enter and search any place where he has reason to believe that any petroleum is being imported, transported, 63stored, distributed, produced, 64refined, blended or reclaimed by recycling otherwise than in accordance with the provisions of this Act and the rules made thereunder, and to seize, detain or remove any or all of the petroleum in respect of which in his opinion an offence under this Act has been committed. (2) The provisions of the Code of Criminal Procedure, 1898, relating to searches shall, so far as they are applicable, apply to searches by officers authorised under this section. (3) The Government may make rules regulating the procedure of authorised officers in the exercise of their powers under this section subject, how ever, to the provisions of sub-section (2).",
"name": "Power of entry and search",
"related_acts": "75",
"section_id": 26
},
{
"act_id": 166,
"details": "27. Where any accident by explosion or fire, which is attended with loss of human life or serious injury to person or property, occurs as the result of the ignition of petroleum or petroleum vapour, or occurs in or near any place where petroleum is kept and under circumstances making it likely that it was the result of such ignition, the person for the time being in charge of the petroleum shall forthwith give information to the nearest Magistrate or to the officer in charge of the nearest police station 65and to the Chief Inspector of Explosives in Bangladesh.",
"name": "Reports of accidents with petroleum",
"related_acts": "",
"section_id": 27
},
{
"act_id": 166,
"details": "6628A. The officer authorised under sections 13, 14 and 26 shall furnish a copy of the report on the matter enquired into, or searched, by him in accordance with the provisions of these sections to the Chief Inspector of Explosives in Bangladesh.",
"name": "Report to be submitted to chief Inspector of explosives",
"related_acts": "",
"section_id": 28
},
{
"act_id": 166,
"details": "28. (1) The inquiry mentioned in section 176 of the Code of Criminal Procedure, 1898, shall 67* * * be held in all cases where any person has been killed by an accident which the Magistrate has reason to believe was the result of the ignition of petroleum or petroleum vapour. (2) Any Magistrate empowered to hold an inquest may also hold an inquiry under the said section into the cause of any accident which he has reason to believe was the result of the ignition of petroleum or petroleum vapour, if such accident was attended by serious injury to person or property, not-withstanding that no person was killed thereby. (3) 68Omitted by the Adaptation of Central Acts and Ordinances Order, 1949. (4) The result of all inquires held in pursuance of this section 69* * * shall be submitted as soon as may be to the Government, the Chief Inspector of Explosives in Bangladesh 70* * *.",
"name": "Inquiries into serious accidents with petroleum",
"related_acts": "",
"section_id": 29
},
{
"act_id": 166,
"details": "29.(1) In marking any rules under this Act, the Government may- (a) provide for any matter ancillary to such rules for which in its opinion provision is necessary to protect the public from danger arising from the import, transport, 71storage, distribution production, 72refining, blending or reclaiming by recycling of petroleum, and (b) \tmake special provision for the special circumstances of any 73* * * place. (2) Every power to make rules conferred by this Act is subject to the condition of previous publication. (3) All rules made under this Act shall be published in the official Gazette.",
"name": "Provisions relating to rules",
"related_acts": "",
"section_id": 30
},
{
"act_id": 166,
"details": "30.(1) The Government may, by notification in the official Gazette, apply any or all of the provisions of this Act, and of the rules made thereunder with such modifications as it may specify, to any dangerously inflammable substance, other than an explosive, and there upon the provisions so applied shall have effect as if such substance has been included in the definition of petroleum. (2) The Government may make rules providing specially for the testing of any substance to which any of the provisions of this Act have been applied by notification under sub-section (1) and such rules may supplement any of the provisions of chapter II in order to adapt them to the special needs of such tests.",
"name": "Power to apply Act to other substances",
"related_acts": "",
"section_id": 31
},
{
"act_id": 166,
"details": "31. Where any enactment confers powers upon any local authority in respect of the transport or storage of petroleum, the Government may, by notification in the official Gazette,- (a) \tlimit the operation of such enactment, or (b) \trestrict the exercise of the powers, in any manner it deems fit.",
"name": "Power to limit powers of local authorities over petroleum",
"related_acts": "",
"section_id": 32
},
{
"act_id": 166,
"details": "32. Repealed by sections 2 and Schedule of the Repealing Act, 1938 (Act No. 1 of 1938).",
"name": "Repealed",
"related_acts": "",
"section_id": 33
}
],
"text": "♣An Act to consolidate and amend the law relating to the import transport, storage, production, 1 refining, blending or reclaiming by recycling, distribution and marketing of petroleum and other inflammable substances. WHEREAS it is expedient to consolidate and amend the law relating to the import, transport, storage, production, refining, blending or reclaiming by recycling, distribution and marketing of petroleum and other inflammable substances; It is hereby enacted as follows:-"
} |
{
"id": 167,
"lower_text": [
"1 The word \"Bengal\" was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The words, figures and commas \"the 26th day of March, 1971,\" were substituted, for the words, figures and comma \"the 15th day of August, 1947\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"3 The words, comma and figure \"Bengal Tenancy Act, 1885 or the East Bengal\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"4 The commas, words and figures \", on the assumption that the land has produced and will produce the staple food crop notified under section 39 of the Bengal Tenancy Act, 1885, in respect of that land\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"5 The proviso was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"6 The word \"Government\" was substituted, for the words \"Board of Revenue\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"7 The words \"and shall report to the Provincial Government thereon\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"8 The word \"Parliament\" was substituted, for the words \"Provincial Assembly\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"9 The word \"Government\" was substituted, for the words \"Board of Revenue\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"10 The words \"Penal Code\" were substituted, for the words \"Pakistan Penal Code\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"11 The word \"Taka\" was substituted, for the word \"rupees\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"12 The word \"Taka\" was substituted, for the word \"rupees\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"13 The word \"Assistant Judge\" were substituted, for the word \"Munsif\" by section 3 of the Civil Courts (Amendment) Act, 1987 (Act No. XIV of 1987)",
"14 The word \"Assistant Judge\" were substituted, for the word \"Munsif\" by section 3 of the Civil Courts (Amendment) Act, 1987 (Act No. XIV of 1987).",
"15 The words, comma and figure \"Civil Courts Act, 1887\" were substituted, for the words \"East Bengal Civil Courts Act\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"16 The word \"Government\" was substituted, for the words \"Board of Revenue\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"17 The proviso was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"18 The proviso was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Development Act, 1935",
"num_of_sections": 44,
"published_date": "3rd October, 1935",
"related_act": [
35,
167,
430,
86,
59
],
"repelled": false,
"sections": [
{
"act_id": 167,
"details": "1. (1) This Act may be called the 1* * * Development Act, 1935. (2) It extends to the whole of Bangladesh. (3) It shall come into force on such date as the Government may, by notification, appoint.",
"name": "Short title, extent and commencement",
"related_acts": "167",
"section_id": 1
},
{
"act_id": 167,
"details": "2. In this Act, unless there is anything repugnant in the subject or context,- (1)\t''agricultural lands'' include lands used for the growing of vegetables and the like but does not include fruit gardens, orchards or homestead lands; (2)\t''canal'' means a canal as defined in clause (1)of section 3 of the Irrigation Act, 1876. (3)\t\"Collector\" includes any officer specially appointed by the Government to perform all or any of the functions of a Collector under this Act; (4)\t\"dead or decayed river\" includes any river into which, or along any part of which, water has ceased to flow as freely as it would have flowed if it had not been diverted or obstructed whether owing to natural causes or as a result of interference by man, and includes also any depression which at one time formed part of a riverbed but through which there is no longer any perennial flow of water; (5)\t\"improvement work'' means any work of improvement constructed before 2the 26th day of March, 1971, by the Government or constructed or proposed to be constructed after that date by the Government which the Government has, by notification, declared to be an improvement work for the purposes of this Act; (6)\t''notification'' means a notification published in the official Gazette. (7)\t\"notified area\" means any area in respect of which the Government has, by a notification issued under sub-section (1) of section 5, declared its intention to impose an improvement levy, and includes any part of such area; (8)\t''period of objection'' means a period mentioned in a notification under this Act within which objections or suggestions will be received; (9)\t''prescribed'' means prescribed by rules made under this Act; and (10)\t''rent'' and ''tenant'' have the same meanings as in the 3* * * State Acquisition and Tenancy Act, 1950.",
"name": "Definitions",
"related_acts": "35",
"section_id": 2
},
{
"act_id": 167,
"details": "3. Whenever, in the opinion of the Government, any improvement work has increased or is likely to increase the profits from the produce from any agricultural land, or to increase the outturn of such produce, within any area, the Government may, by notification, declare its intention to impose an improvement levy within that area.",
"name": "Preliminary notification of intention to impose improvement levy",
"related_acts": "",
"section_id": 3
},
{
"act_id": 167,
"details": "4. A notification under section 3 shall state the following particulars- (a) \tas full a description of the improvement work as, in the opinion of the Government may be practicable; (b) \tthe object for which such work has been, or is proposed to be, constructed; and (c) \tthe boundaries of the area within which the Government intends to impose the improvement levy.",
"name": "Publication of particulars",
"related_acts": "",
"section_id": 4
},
{
"act_id": 167,
"details": "5. (1) After the expiry of a period for objection to be mentioned in a notification under section 3 the Government shall consider the objections and suggestions, if any, receive by it and thereafter shall, by notification, declare its intention either wholly to refrain from imposing the improvement levy or to impose the same in the area concerned or in a specified part thereof, whereupon the area in respect of which the Government has by such a notification declared its intention to impose the improvement levy shall be deemed for the purposes of this Act, to be a notified area. (2) The Government may, so far as may be in the manner hereinbefore provided, from time to time include in or exclude from any notified area any area which, in the opinion of the Government has benefited or has not benefited, as the case may be, from the improvement work.",
"name": "Abandonment of intention or declaration of intention to impose improvement levy",
"related_acts": "",
"section_id": 5
},
{
"act_id": 167,
"details": "6.\t Omitted by the First Schedule of the East Pakistan Repealing and Amending Ordinance, 1962 (Ordinance No. XIII of 1962).",
"name": "Omitted",
"related_acts": "",
"section_id": 6
},
{
"act_id": 167,
"details": "7. When the Government is satisfied that a notified area has benefited or is likely to benefit from an improvement work, if may, by notification, subject to the provisions of section 6, impose improvement levy in that area from such date as may be specified in the notification.",
"name": "Imposition of Improvement levy",
"related_acts": "",
"section_id": 7
},
{
"act_id": 167,
"details": "8. (1) From time to time an officer appointed by the Government shall, in accordance with rules made under this Act, and after hearing any objections in the prescribed manner, prepare in respect of land throughout a notified area an estimate of the average increase in the outturn of the produce from agricultural land of any class which, in his opinion, has been or is likely to be made possible by any improvement work 4* * *: 5* * * (2) The 6Government shall, by notification, publish such estimate and, after a period for objection to be specified in such notification, shall consider the objections and suggestions, if any, received by it 7* * *. Thereafter the Government may reject the estimate or may, by notification, accept it with or without modification, whereupon the accuracy of any estimate so accepted shall not be questioned in any court. (3) Where an estimate has been accepted under sub-section (2) in respect of a notified area before the imposition of the improvement levy, such estimate shall, as soon as may be practicable after the expiry of two years from the date of the imposition of the levy, be revised in the manner provided in sub-sections (1) and (2) for the preparation, publication, and acceptance of an estimate.",
"name": "Estimate of increased outturn of produce from agricultural land",
"related_acts": "",
"section_id": 8
},
{
"act_id": 167,
"details": "9. The Government shall, by notification, fix annually or for such period not exceeding five years as may be specified in the notification the price or prices on the basis of which the value of the average increase in the outturn, as estimated under section 8 from land of any class in a notified area is to be calculated.",
"name": "Fixing value of increased outturn",
"related_acts": "",
"section_id": 9
},
{
"act_id": 167,
"details": "10.(1) Notwithstanding anything contained in any other Act the improvement levy shall be imposed in respect of agricultural lands within a notified area at such rate or rates as the Government may, by notification, from time to time declare, and different rates may be so declared for classes of land of different descriptions or having different advantages: Provided that any rate so fixed shall not exceed one half of the estimated net increase, resulting from the improvement work, in the profit or one half of the net value of the estimated increase in outturn. Such improvement levy shall be payable by the occupiers of such lands within the notified area. Explanation.-In this sub-section the expression \"estimated increase in outturn\" means the average increase in the outturn of agricultural produce as estimated under section 8. (2) The rate or rates of the improvement levy shall be fixed under sub-section (1) for one year or for such period not exceeding five years as may be specified in the notification issued under that sub-section. (3) For the purposes of sub-section (1) the net increase in the profits and the net value of the estimated increase in outturn shall be estimated, in accordance with rules made under this Act on the price or prices fixed under section 9. (4) The Government may, by rules made under this Act, declare what persons or classes of persons shall be deemed, for the purposes of sub-section (1), to be occupiers of land but no person shall, by such rules, be declared to be an occupier of land unless, otherwise than as a hired labourer, he cultivates such land or (if it is not cultivated) unless he is in direct possession of such land. (5) Notwithstanding anything contained in sub-section (4), where a person under the system generally knows as \"adhi\", \"barga\" or \"bhag\", cultivates the land of another person on condition of delivering a share of the produce to that person or receiving a share thereof from him, the person whose land is cultivated and the person who cultivates it shall each be deemed, for the purposes of sub-section (1), to be an occupier of such land, and each shall be liable to pay a prescribed proportion of the improvement levy imposed in respect of such land, and any contract to the contrary shall, to that extent, be void.",
"name": "Maximum limit and incidence of improvement levy",
"related_acts": "",
"section_id": 10
},
{
"act_id": 167,
"details": "11. (1) Notwithstanding anything contained in section 10, if in any notified area, any unculturable waste, swamp, or sand has, as a result of an improvement work, become culturable land, and such land is thereafter settled with any tenant, the person who settles the land shall be liable to pay, in one sum, an improvement levy of such amount as may be fixed by the Collector, in accordance with rules made under this Act, after considering any objection that may be made in the prescribed manner by such person. (2) The amount fixed under sub-section (1) shall not exceed one -half of the difference between- (a) \tthe amount which the Collector estimates to be the usual salami for a like area of land, in the vicinity, similar in its description and its advantages to the land as it is at the time of the settlement, and (b) \tthe amount which the Collector estimates to have been the usual salami before the commencement of the improvement work, for a like area of land, in the vicinity, similar in its description and its advantages to the land as it was at that time. Such levy shall be additional to the levy payable under section 10 by the occupier of the land.",
"name": "Additional improvement levy in certain cases",
"related_acts": "",
"section_id": 11
},
{
"act_id": 167,
"details": "12. When in respect of any improvement work- (a) \tthe capital cost of such work, including the cost of any extensions, improvement or modifications of the work. (b) \tthe interest charges on such capital cost. (c) \tany working loss in any year or years, and (d) \tthe interest on such loss, as determined by the Government, have been recovered in full out of the proceeds of the improvement levy, by such annual allocations as may be prescribed, the amount of the improvement levy to be realised for each year in respect of such work shall thereafter be reduced to such a sum as the 8Parliament may, by a resolution, recommend. Explanation.-The term \"working loss\" means the sum by which the proceeds of the improvement levy in any year or years fall short of the amount necessary to meet- (i) \tthe annual allocations for such year or years in respect of the charges specified in clauses (a) and (b), and (ii) \tthe cost, as determined by the Government, of maintenance and supervision of the improvement work, and of collection of the improvement levy, during such year or years.",
"name": "Amount of improvement levy after realisation of capital cost and other charges",
"related_acts": "",
"section_id": 12
},
{
"act_id": 167,
"details": "13. The Collector shall, from time to time, prepare and publish in the prescribed form and manner for a notified area or any part thereof a statement showing- (i) \tthe name of every person who is liable to pay the improvement levy in respect of any land in such area or part, and (ii) \tthe amount of improvement levy to be paid by each such person, annually or otherwise, in respect of such land.",
"name": "Preparation and publication of statements of imposition of improvement levy",
"related_acts": "",
"section_id": 13
},
{
"act_id": 167,
"details": "14. The Collector shall serve a notice of demand in the prescribed form and manner and containing the prescribed particulars, on every person whose name appears in a statement published under section 13 requiring him to pay the levy by such date or dates as may be specified in the notice.",
"name": "Notice of demand",
"related_acts": "",
"section_id": 14
},
{
"act_id": 167,
"details": "15.(1) After forty days from the date of publication of a statement under section 13, the Collector shall, in accordance with rules made under this Act, republish the statement with such modifications as he may have made as a result of representations by persons whose names were included therein, and, subject to any decisions, by an appellate or revisional authority, all entries in the statement as thus republished shall be presumed to be correct in every particular for the purposes of this Act. (2) If the Collector makes any modification referred to in sub-section (1) in the statement he shall serve on the person concerned a revised notice of demand in the prescribed form and manner and containing the prescribed particulars.",
"name": "Republication of statements and revised notice of demand",
"related_acts": "",
"section_id": 15
},
{
"act_id": 167,
"details": "16.(1) The Collector may from time to time, add to or alter in the prescribed manner any statement republished under sub-section (1) of section 15. In such case, the Collector shall publish in the prescribed form and manner a supplementary statement showing any addition or alteration so made, and the provisions of this Act shall apply to such supplementary statement as if it were a statement published under section 13. (2) Where any addition to or alteration in a statement is required as a result of a decision of an appellate or revisional authority, the Collector shall add to or alter the statement accordingly, and it shall not be necessary to publish any supplementary statement in respect thereof under sub-section (1).",
"name": "Supplementary statements",
"related_acts": "",
"section_id": 16
},
{
"act_id": 167,
"details": "17.(1) Any person may appeal within thirty days from the date of service of the notice under section 14 or of a revised notice, if any, under sub-section (2) of section 15 or from the date of republication of a statement under sub-section (1) of section 15, whichever is later, to the Commissioner of the Division, on the ground that he has been wrongly shown in the statement as liable to pay the improvement levy or that the amount shown in such statement as payable by him is incorrect, and the decision of the Commissioner of the Division on such appeal shall, subject to the provision of sub-section (2), be final. (2) The 9Government may, on application made within thirty days from the date of the order of the Commissioner of the Division, revise such order.",
"name": "Appeals in regard to improvement levy",
"related_acts": "",
"section_id": 17
},
{
"act_id": 167,
"details": "18. No objection shall be taken to the imposition of an improvement levy, nor shall the liability of any person to pay the same be questioned, in any other manner than that provided in this Act.",
"name": "Bar to objections to improvement levy, except as provided in this Act",
"related_acts": "",
"section_id": 18
},
{
"act_id": 167,
"details": "19. Copies of entries in a statement published under section 13 or republished under sub-section (1) of section 15 shall be made available in the prescribed manner on payment of the prescribed fee.",
"name": "Copies of entries in statement",
"related_acts": "",
"section_id": 19
},
{
"act_id": 167,
"details": "20. Notwithstanding anything contained in this Act, the Collector may, subject to rules made by the Government at any time grant abatement or remission of the improvement levy payable under this Act.",
"name": "Power of Collector to grant abatement or remission of improvement levy",
"related_acts": "",
"section_id": 20
},
{
"act_id": 167,
"details": "21.(1) Subject to the provision of section 20, the Collector shall, in the prescribed manner, collect from any person whose name appears in a statement republished under sub-section (1) of section 15 the amount shown therein as due from him together with any interest payable under sub-section (2). (2) If any amount of improvement levy due from any person is not paid on or before the prescribed date, interest at such rate, not exceeding six and a quarter percent, per annum, as the Government may fix from time to time shall be payable thereon from the date of the default.",
"name": "Collection of improvement levy",
"related_acts": "",
"section_id": 21
},
{
"act_id": 167,
"details": "22. If any person has paid any amount as improvement levy which, in accordance with the decision of the appellate or revisional authority, or in the opinion of the Collector, was not payable by such person, the Collector shall, in the prescribed manner, refund the amount to such person.",
"name": "Refunds",
"related_acts": "",
"section_id": 22
},
{
"act_id": 167,
"details": "23. All arrears of improvement levy, together with interest due thereon, and other dues payable to the Government under this Act shall be recoverable as public demands.",
"name": "Recovery of arrears and other dues",
"related_acts": "",
"section_id": 23
},
{
"act_id": 167,
"details": "24.(1) If, in the opinion of the Government it is desirable for the purpose of collecting information regarding the outturn of produce from any agricultural land, the Government may, by general or special order, authorize any officer and his servants and workmen, subject to rules made under this Act, to enter upon any land and to do any acts necessary for the purpose of obtaining such information: Provided that no person shall enter into any building or upon any enclosed courtyard or garden attached to a dwelling house (except with the consent of the occupier thereof) without previously giving such occupier at least seven days' notice in writing of his intention to do so. (2) If, in the opinion of any officer authorized under sub-section (1), it is necessary to remove any crop for the purpose of ascertaining, by weighment or otherwise, the amount of the produce derived from any land, he may, subject to rules made under this Act, and after giving notice in writing, forthwith take possession of any standing crop on such land or part thereof, and may cause such crop to be cut and to be removed within such reasonable period a he may consider necessary. (3) In every case under sub-section (2), such officer shall offer to the persons interested compensation for the standing crop cut and, subject to rules made under this Act, for any other damage caused during the process of cutting and removal; and, if such offer is not accepted the value of the crop cut and the amount of the damage so caused shall be assessed by the Collector in the prescribed manner.",
"name": "Power to enter on land and to cut and remove crops",
"related_acts": "",
"section_id": 24
},
{
"act_id": 167,
"details": "25.(1) Subject to rules made under this Act, any officer authorized under sub-section (1) of section 24 may, by notice, require any person to make and deliver to him a statement or to produce records or documents in his possession or control relating to any land mentioned in that sub-section, at a time and place specified in the notice. (2) Every person required to make or deliver a statement or to produce any record or document under this section shall be deemed legally bound to do so within the meaning of sections 175 and 176 of the 10Penal Code.",
"name": "Power to compel production of statements and documents",
"related_acts": "",
"section_id": 25
},
{
"act_id": 167,
"details": "26. For the purposes of any inquiry under this Act the Collector shall have power to summon and enforce the attendance of witnesses, including the persons interested or any of them, and to compel the production of documents by the same means and, so far as may be, in the same manner as is provided in the case of a Civil Court under the Code of Civil Procedure, 1908.",
"name": "Power of Collector to enforce attendance of witnesses and production of documents",
"related_acts": "86",
"section_id": 26
},
{
"act_id": 167,
"details": "27. (1) Notwithstanding anything contained in any other Act, no person who has been declared liable to pay an improvement levy in respect of any land benefited by an improvement work shall be liable to pay any rates, dues or charges to the Government under any of the Acts mentioned in the schedule in return for any benefit derived by such land from the improvement work. (2) When an improvement levy is imposed under this Act in any area in respect of an irrigation work and an agreement exists for the supply of water under the Irrigation Act, 1876, to any land in that area, the improvement levy shall not be payable in respect of such land until the expiry of the agreement.",
"name": "Dues payable under other Acts in respect of improvement work",
"related_acts": "35",
"section_id": 27
},
{
"act_id": 167,
"details": "28. (1) Within a notified area water may be supplied from a canal to any land not withstanding the fact that no application has been made under section 74 of the Irrigation Act, 1876. (2) In any notified area specified by the Government, by notification, in this behalf any person by whom an improvement levy is payable under section 10 shall, subject to the provisions of sub-section (1) of section 27, be bound by any rules made under the Irrigation Act, 1876, for the time being in force, as if he had presented an application under section 74 of the said Act and such application had been granted.",
"name": "Supply of water and application of rules under the Irrigation Act, 1876",
"related_acts": "35,35",
"section_id": 28
},
{
"act_id": 167,
"details": "29. Notwithstanding anything contained in the Irrigation Act, 1876, no person shall have a right to a supply of water under that Act in a notified area within any period prescribed in this behalf.",
"name": "Right to supply of water",
"related_acts": "",
"section_id": 29
},
{
"act_id": 167,
"details": "30. Whenever it appears expedient to carry out any scheme of drainage for the betterment of public health or for the improvement of any land or in connection with irrigation works, the Government may, after issuing a notification and, in the prescribed manner, calling for and considering objections, if any, cause such a scheme to be drawn up and carried into execution, and any officer authorised in this behalf by the Government may exercise in connection with such scheme all or any of the powers conferred on Canal Officers by sections 33, 34 and 35 of the Irrigation Act, 1876, and thereupon the provisions of sections 36, 37 and 38 of that Act shall be applicable as if such officer were a Canal Officer.",
"name": "Power to carry out drainage work",
"related_acts": "35",
"section_id": 30
},
{
"act_id": 167,
"details": "31. The Government may, if it is of opinion that in any area to be specified in a notification the hole or part of any river, stream, natural water-channel or natural drainage-course should be open to the unrestricted passage of water, exercise such powers as may be exercised under the Irrigation Act, 1876, with regard to the prohibition, removal or modification of obstructions in any river, stream, natural water channel or natural drainage-course, and the provisions contained in the Act with regard to and, subject to the provisions of section 35, incidental to exercise of such powers shall be applicable mutatis mutandis so far as they may reasonably be applied.",
"name": "Power to prohibit, remove or modify obstructions to the passage of water in channels",
"related_acts": "35",
"section_id": 31
},
{
"act_id": 167,
"details": "32.(1) The Government may, by notification, declare that in any area specified in the notification every person shall be bound, for irrigation purpose or for the drainage of land which has been irrigated, to afford a free passage to water through or over any land in his possession or under his control. (2) After the issue of a notification under sub-section (1) the Collector, if in his opinion the free passage of water through or over any land in such area is necessary for irrigation purposes or for the drainage of land which has been irrigated, may, subject to rules made under this Act, from time to time, issue a general or special order upon persons who have such land in their possession or under their control to modify, in such manner and within such period as may be specified in the order, any artificial obstruction that exists on such land to such free passage, or to show cause against such order. (3) If the Collector is not satisfied with any cause that may have been shown, he shall fix a further period within which the obstruction shall be modified. (4) If any person fails to comply with an order under sub-section (2) or sub-section (3), or under section 37, in respect of such modification, he shall be liable on conviction by a magistrate to a fine not exceeding fifty 11Taka for each such offence, and to a further fine not exceeding five 12Taka for each day after conviction during which the obstruction remains unmodified, and the Collector may cause the obstruction to be modified and may recover the cost of modification from such person.",
"name": "Power to modify obstructions to the passage of water through or over land",
"related_acts": "",
"section_id": 32
},
{
"act_id": 167,
"details": "33.(1) The Government may, from time to time, publish by notification a list of rivers or depression which it intends to declare to be dead or decayed rivers. (2) In any list published under sub-section (1) any river or depression may be described either by name or by reference to its geographical situation. (3) After the expiry of a period for objection to be mentioned in a notification under sub-section (1), the Government shall consider the objections and suggestions, if any, received by it and thereafter may, by notification, declare any river or depression notified under that sub-section to be a dead or decayed river, and such declaration shall be final and shall not be questioned in any Court or in any other manner whatsoever.",
"name": "Notification of dead or decayed rivers",
"related_acts": "",
"section_id": 33
},
{
"act_id": 167,
"details": "34. No person shall be entitled to claim any compensation under this or any other Act for any injury, damage or less caused by a damage or decayed river which has been revived as a result of an improvement work, or by any other rivers into which it flows or spills, unless the injury, damage or loss is such as would have rendered the Government liable to pay compensation had the river not been revived. Explanation.-A dead or decayed river is said to be revived when an increased volume of water is, by any means whatsoever, caused to flow freely into or along any part of such dead or decayed river.",
"name": "Limitation of claims for compensation",
"related_acts": "",
"section_id": 34
},
{
"act_id": 167,
"details": "35. Subject to the provisions of section 34, whenever- (a) \tany damage is caused as a result of the prohibition, removal or modification of an obstruction under section 31 or section 32, or (b) \tany land or right of property is injuriously affected by any improvement work in respect of which an improvement levy is imposed under this Act, the person by whom any damage or loss is sustained shall not be entitled to claim any compensation for such damage or loss under any other Act, but such person may, not later than six months after the first occurrence of the injury in respect of which the claim is preferred, prefer to the Collector a claim for compensation.",
"name": "Claims for compensation",
"related_acts": "",
"section_id": 35
},
{
"act_id": 167,
"details": "36.(1) When a claim is preferred under section 35, the Collector shall, in the prescribed manner, after such inquiry as he deems proper and after considering any representations which may be made to him determine the amount of compensation, if any, which shall be granted. (2) In determining whether any and, if so, what amount of compensation shall be granted, the Collector shall be bound by the provisions of any rules made by the Government under this Act regulating the grant of compensation under this section. (3) When the amount of compensation has been determined under sub-section (1), if any dispute arises as to the apportionment of the same or any part thereof, the Collector shall, in the prescribed manner, refer such dispute to the Court, and such Court or any other Court mentioned in sub-section (5) to which the dispute may, subject to rules made under this Act, be transferred for decision, shall decide the same. (4) In every reference under sub-section (3) the costs shall be at the discretion of the Court. (5) In this section \"Court\" means a principal Civil Court of original jurisdiction and includes the Court of any Additional Judge, Subordinate Judge or 13Assistant Judge whom the Government may appoint, by name or by virtue of his office, to perform concurrently with any such principal Civil Court the functions of the Court under this section within any specified local limits and, in the case of a 14Assistant Judge up to the limits of the pecuniary jurisdiction with which he is vested under section 19 of the 15Civil Courts Act, 1887.",
"name": "Determination of amount of compensation",
"related_acts": "59",
"section_id": 36
},
{
"act_id": 167,
"details": "37.(1) Any person aggrieved by decision or order of the Collector under section 20, sub-section (3) of section 24, section 32 or sub-section (1) of section 36 may appeal, within thirty days from the date of such decision or order, to the Commissioner of the Division, whose decision on such appeal shall, subject to the provisions of sub-section (2), be final. (2) The 16Government may, on application made within thirty days from the date of the order of the Commissioner of the Division, revise such order.",
"name": "Appeals for certain decisions and orders of Collector",
"related_acts": "",
"section_id": 37
},
{
"act_id": 167,
"details": "38. In every appeal under sub-section (1) of section 17, or under sub-section (1) of section 37, and in every revision under sub-section (2) of section 17 or under sub-section (2) of section 37, the costs shall be at the discretion of the appellate or revisional authority, and such costs shall be recoverable as a public demand.",
"name": "Costs",
"related_acts": "",
"section_id": 38
},
{
"act_id": 167,
"details": "39. 17* * * when an improvement levy has been imposed in respect of any agricultural land- (a) \tthe rent payable for such land at the time of the imposition of the levy or fixed thereafter in accordance with the provisions of clause (b) shall not be enhanced on account of- (i) \tbenefits derived from the construction of any improvement work, or (ii) \tan increase in the productive powers of the land due to fluvial action; (b) \tif a settlement is made of such land with a tenant thereafter, the rate of rent at which such land is settled shall not exceed the average rate of money rent payable, at the time of such settlement, by tenants of a similar class for land of a similar description and with similar advantages in the vicinity, and any rent in excess of such rate shall not be recoverable: 18* * * A stipulation in any contract by which a tenant taking settlement of such land agrees to pay any amount in excess of such rent, otherwise than as salami, shall not be binding on such tenant to the extent of such excess.",
"name": "Restrictions on enhancement of rent of agricultural lands in notified area",
"related_acts": "",
"section_id": 39
},
{
"act_id": 167,
"details": "40. The Government shall cause every notification under this Act to be published in such manner and as such places as it thinks fit.",
"name": "Publication of notifications",
"related_acts": "",
"section_id": 40
},
{
"act_id": 167,
"details": "41. No proceedings under this Act shall be defeated or invalidated by reason of any defect or omission in the publication or service of any notification, statement, notice or order, unless material injury is done to any person by such defect or omission.",
"name": "Proceedings not to be invalidated by irregularities",
"related_acts": "",
"section_id": 41
},
{
"act_id": 167,
"details": "42. No suit shall lie in any Civil Court for compensation in respect of any injury, damage or loss resulting from an improvement work or from anything done under this Act,",
"name": "Bar to suits for compensation",
"related_acts": "",
"section_id": 42
},
{
"act_id": 167,
"details": "43. No suit or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act.",
"name": "Indemnity",
"related_acts": "",
"section_id": 43
},
{
"act_id": 167,
"details": "44. (1) The Government may, subject to the condition of previous publication, make rules for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, the Government may make rules to provide for all or any of the following matters, namely:- (a) \tthe manner in which the average increase in the outturn of agricultural produce shall be estimated under section 8 and the manner of hearing objections under sub-section (1) of that section; (b) \tthe persons or classes of persons who shall, for the purposes of sub-section(1) of section 10, be deemed to be occupiers of land; (c) \tthe manner in which the net increase in the profits and the net value of the estimated increase in outturn shall be estimated under sub-section (3) of section 10; (d) \tthe proportion of improvement levy payable under sub-section (5) of section 10 by different classes of \"adhiars\", \"bargadars\", or 'bhagdars\" and by the persons whose land is cultivated by such \"adhiars\", \"bargadars\", or 'bhagdars\"; (e) \tthe determination of the amount of improvement levy payable under section 11 and the manner in which objections under sub-section (1) of that section shall be made; (f) \tthe annual allocations to be made under section 12 in respect of each improvement work; (g) \tthe form and manner of preparation and publication of a statement under section 13 and its republication under sub-section (1) of section 15; (h) \tthe form and contents of the notice of demand under section 14 and of a revised notice of demand under sub-section (2) of section 15 and the manner of service of such notice; (i) \tthe manner in which a statement republished under sub-section (1) of section 15 may be added to or altered, and the form and manner of publication of a supplementary statement under section 16. (j) \tthe procedure to be followed by the appellate and revisional authorities mentioned in sections 17 and 37; (k) \tthe manner of, and the amount of fees payable for, supplying copies under section 19; (l) \tthe grant of abatement or remission of the improvement levy under section 20; (m) \tthe manner of collection of the improvement levy and interest under sub-section (1) of section 21; (n) \tthe date of payment of improvement levy under sub-section (2) of section 21; (o) \tthe manner of refund of improvement levy under section 22; (p) \tthe procedure and conduct of officers and persons authorised under sub-sections (1) and (2) of Section 24; (q) \tthe offer of compensation, and the manner of assessment by the Collector of damage, under sub-section (3) of section 24. (r) \tthe exercise of powers under sub-section (1) of section 25 to enforce the making and delivery of statements and production of documents; (s) \tthe period within which persons shall not have any right to a supply of water under section 29. (t) \tthe manner in which objections shall be called for and dealt with under section 30; (u) \tthe issue of order under sub-section (2) of section 32 for the modification of obstructions to the free passage of water through or over land; (v) \tthe procedure to be followed by the Collector under sub-section (1) and sub-section (3) of section 36; (w) \tthe transfer of disputes for decision under sub-section (3) of section 36; and (x) \tthe grant of compensation under section 36.",
"name": "Rules",
"related_acts": "",
"section_id": 44
}
],
"text": "♣An Act to provide for the development of lands in Bangladesh and to impose a levy in respect of increased profit resulting from improvement works constructed by the Government. WHEREAS it is expedient to provide for the development of lands in Bangladesh and for that purpose to impose a levy in respect of increased profits resulting from improvement works constructed by the Government and to provide further powers in regards to works of improvement; * * *It is hereby enacted as follows:-"
} |
{
"id": 168,
"lower_text": [
"1 Section 7 was substituted, for section 7 by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The words and comma \"The Registrar shall, at such intervals as the Government\" were substituted, for the words and commas \"Every Registrar, shall, at such intervals as the Provincial Government by which he was appointed\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"3 The words \"for the territories administered by such Provincial Government\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"4 The words \"as the Government\" were substituted, for the words \"as such Provincial Government\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"5 The word \"The\" was substituted, for the word \"Any\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"6 The words \"the Registrar\" were substituted, for the letter and word \"a Registrar\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"7 The words \"as the Government may\" were substituted, for the words \"in the territories of the Provincial Government as such Governments respectively shall\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"8 The word \"seven\" was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"9 Section 24 was substituted, for section 24 by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"10 The words \"the High Court Division\" were substituted, for the words \"a High Court\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"11 The words \"the High Court Division\" were substituted, for the words \"the High Court\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"12 Section 51 was substituted, for section 51 by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)."
],
"name": "The Parsi Marriage and Divorce Act, 1936",
"num_of_sections": 53,
"published_date": "23rd April, 1936",
"related_act": [
168,
430,
86
],
"repelled": false,
"sections": [
{
"act_id": 168,
"details": "1.(1) This Act may be called the Parsi Marriage and Divorce Act, 1936. (2) It extends to the whole of Bangladesh. (3) It shall come into force on such date as the Government may, by notification, in the official Gazette, appoint.",
"name": "Short title, extend and commencement",
"related_acts": "168",
"section_id": 1
},
{
"act_id": 168,
"details": "2. In this Act, unless there is anything repugnant in the subject or context,- (1) \t\"Chief Justice\" includes senior Judge; (2) \t\"Court\" means a Court constituted under this Act; (3) \tto \"desert\", together with its grammatical variations and cognate expressions, means to desert the other party to a marriage without reasonable cause and without the consent, or against the will of such party; (4) \t\"grievous hurt\" means- (a) \temasculation; (b) \tpermanent privation of the sight of either eye; (c) \tpermanent privation of the hearing of either ear; (d) \tprivation of any member or joint; (e) \tdestruction or permanent impairing of the powers of any member or joint; (f) \tpermanent disfiguration of the head or face; or (g) \tany hurt which endangers life; (5) \t\"husband \" means a Parsi husband; (6) \t\"marriage\" means a marriage between Parsis whether contracted before or after the commencement of this Act; (7) \ta \"Parsi\" means a Parsi Zoroastrian; (8) \t\"priest\" means a Parsi priest and includes Dastur and \tMobed; and (9)\t\"wife\" means a Parsi wife.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 168,
"details": "3. No marriage shall be valid if- (a) \tthe contracting parties are related to each other in any of the degrees of consanguinity or affinity set forth in Schedule I; or (b) \tsuch marriage is not solemnized according to the Parsi form of ceremony called \"Ashirvad\" by a priest in the presence of two Parsi witnesses other than such priest; or (c) \tin the case of any Parsi (whether such Parsi has changed his or her religion or domicile or not) who has not completed the age of twenty-one years, the consent of his or her father or guardian has not been previously given to such marriage.",
"name": "Requisites to validity of Parsi marriages",
"related_acts": "",
"section_id": 3
},
{
"act_id": 168,
"details": "4.(1) No Parsi (whether such Parsi has changed his or her religion or domicile or not) shall contract any marriage under this Act or any other law in the lifetime of his or her wife or husband, whether a Parsi or not, except after his or her lawful divorce from such wife or husband or after his or her marriage with such wife or husband has lawfully been declared null and void or dissolved, and, if the marriage was contracted with such wife or husband under the Parsi Marriage and Divorce Act, 1865, or under this Act, except after a divorce, declaration or dissolution as aforesaid under either of the said Acts. (2) Every marriage contracted contrary to the provisions of sub-section (1) shall be void.",
"name": "Remarriage when unlawful",
"related_acts": "",
"section_id": 4
},
{
"act_id": 168,
"details": "5. Every Parsi who during the lifetime of his or her wife or husband, whether a Parsi or not, contracts a marriage without having been lawfully divorced from such wife or husband or without his or her marriage with such wife or husband having legally been declared null and void or dissolved, shall be subject to the penalties provided in section 494 and 495 of the Penal Code for the offence of marrying again during the lifetime of a husband or wife.",
"name": "Punishment of bigamy",
"related_acts": "",
"section_id": 5
},
{
"act_id": 168,
"details": "6. Every marriage contracted under this Act shall, immediately on the solemnization thereof, be certified by the officiating priest in the form contained in Schedule II. The certificate shall be signed by the said priest, the contracting parties, or their fathers or guardians when they shall not have completed the age of twenty one years and two witnesses present at the marriage and the said priest shall thereupon send such certificate together with a fee of two Taka to be paid by the husband to the Registrar of the place at which such marriage is solemnized. The Registrar on receipt of the certificate and fee shall enter the certificate in a register to be kept by his for that purpose and shall be entitled to retain the fee.",
"name": "Certificate and registry of marriage",
"related_acts": "",
"section_id": 6
},
{
"act_id": 168,
"details": "17. For the purposes of this Act, the Government shall appoint such Registrar or Registrars as it may deem fit.",
"name": "Appointment of Registrar",
"related_acts": "",
"section_id": 7
},
{
"act_id": 168,
"details": "8. The register of marriages mentioned in section 6 shall, at all reasonable times be open for inspection and certified extracts therefrom shall, on application, be given by the Registrar on payment to him by the applicant two of Taka for each such extract. Every such register shall be evidence of the truth of the statements therein contained.",
"name": "Marriage register to be open for public inspection",
"related_acts": "",
"section_id": 8
},
{
"act_id": 168,
"details": "9. 2The Registrar shall, at such intervals as the Government from time to time directs send to the Registrar-General of Births, Deaths and Marriages 3* * * a true copy certified by him in such form 4as the Government from time to time prescribes, of all certificates entered by him in the said register of marriages since the last of such intervals.",
"name": "Copy of certificate to be sent to Registrar-General of Births, Deaths and Marriages",
"related_acts": "",
"section_id": 9
},
{
"act_id": 168,
"details": "10. When a Court passes a decree for divorce, nullity or dissolution, the Court shall send a copy of the decree for registration to the Registrar of Marriages within its jurisdiction appointed under section 7; the Registrar shall enter the same in a register to be kept by him for the purpose, and the provisions of Part II applicable to the Registrars and registers of marriages shall be applicable, so far as may be, to the Registrars and registers of divorces and decrees of nullity and dissolution.",
"name": "Registration of divorces",
"related_acts": "",
"section_id": 10
},
{
"act_id": 168,
"details": "11. Any priest knowingly and wilfully solemnizing any marriage contrary to and in violation of section 4 shall, on conviction thereof, be punished with simple imprisonment for a term which may extend to three months, or with fine which may extend to two hundred Taka, or with both.",
"name": "Penalty for solemnizing marriage contrary to section 4",
"related_acts": "",
"section_id": 11
},
{
"act_id": 168,
"details": "12. Any priest neglecting to comply with any of the requisitions affecting him contained in section 6 shall, on conviction thereof, be punished for every such offence with simple imprisonment for a term which may extend to three months, or with fine which may extend to one hundred Taka, or with both.",
"name": "Penalty for priest's neglect of requirements of section 6",
"related_acts": "",
"section_id": 12
},
{
"act_id": 168,
"details": "13. Every other person required by section 6 to subscribe or attest the said certificate who shall wilfully omit or neglect so to do, shall, on conviction thereof, be punished for every such offence with a fine not exceeding one hundred Taka.",
"name": "Penalty for omitting to subscribe and attest certificate",
"related_acts": "",
"section_id": 13
},
{
"act_id": 168,
"details": "14. Every person making or signing or attesting any such certificate containing a statement which is false, and which he either knows or believes to be false, shall be published with simple imprisonment for a term which may extend to three months, or with fine which may extend to one hundred Taka, or with both; and if the act amounts to forgery as defined in the Penal Code, then such person shall also be liable, on conviction thereof, to the penalties provided in section 466 of the said Code.",
"name": "Penalty for making, etc., false certificate",
"related_acts": "",
"section_id": 14
},
{
"act_id": 168,
"details": "15. 5The Registrar failing to enter the said certificate pursuant to section 6 shall be punished with simple imprisonment for a term which may extend to one year, or with fine which may extend to one thousand Taka, or with both.",
"name": "Penalty for failing to register certificate",
"related_acts": "",
"section_id": 15
},
{
"act_id": 168,
"details": "16. Any person secreting, destroying, or dishonestly or fraudulently altering the said register in any part thereof, shall be punished with imprisonment of either description as defined in the Penal Code for a term which may extend to two years, or if he be 6the Registrar, for a term which may extend to five years and shall also be liable to fine which may extend to five hundred Taka.",
"name": "Penalty for secreting, destroying or altering register",
"related_acts": "",
"section_id": 16
},
{
"act_id": 168,
"details": "17. No marriage contracted under this Act shall be deemed to be invalid solely by reason of the fact that it was not certified under section 6, or that the certificate was not sent to the Registrar, or that the certificate was defective, irregular or incorrect.",
"name": "Formal irregularity not to invalidate marriage",
"related_acts": "",
"section_id": 17
},
{
"act_id": 168,
"details": "18. For the purpose of hearing suits under this Act, a special Court shall be constituted in such places 7as the Government may think fit.",
"name": "Constitution of Special Courts under the Act",
"related_acts": "",
"section_id": 18
},
{
"act_id": 168,
"details": "19. Omitted by the Adaptation of Central Acts and Ordinances Order, 1949.",
"name": "Omitted",
"related_acts": "",
"section_id": 19
},
{
"act_id": 168,
"details": "20. Every Court so constituted shall be entitled the Parsi District Matrimonial Court of the place at which it is constituted. Subject to the provisions contained in section 21, the local limits of the jurisdiction of such Court shall be conterminous with the limits of the district in which it is held. This judge of the principal Court of original civil jurisdiction at such place shall be the judge of such Matrimonial Court, and in the trial of cases under this Act he shall be aided by 8* * * delegates.",
"name": "Parsi District Matrimonial Courts",
"related_acts": "",
"section_id": 20
},
{
"act_id": 168,
"details": "21. The Government may from time to time alter the local limits of the jurisdiction of any Parsi District Matrimonial Court, and may include within such limits any number of districts under its government.",
"name": "Power to alter territorial jurisdiction of District Courts",
"related_acts": "",
"section_id": 21
},
{
"act_id": 168,
"details": "22. Omitted by the Adaptation of Central Acts and Ordinances Order, 1949.",
"name": "Omitted",
"related_acts": "",
"section_id": 22
},
{
"act_id": 168,
"details": "23. A seal shall be made for every Court constituted under this Act, and all decrees and orders and copies of decrees and orders of such Court shall be sealed with such seal, which shall be kept in the custody of the presiding judge.",
"name": "Court seals",
"related_acts": "",
"section_id": 23
},
{
"act_id": 168,
"details": "924.(1) The Government shall appoint persons to be delegates to aid in the adjudication of cases arising under this Act after giving the local Parsis an opportunity of expressing their opinion in such manner as it may deem fit. (2) The person so appointed shall be Parsis and their names shall be published in the official Gazette.",
"name": "Appointment of delegates",
"related_acts": "",
"section_id": 24
},
{
"act_id": 168,
"details": "25. The appointment of a delegate shall be for ten years; but he shall be eligible for reappointment for the like term or terms. Wherever a delegate shall die, or have completed his term of office, or be desirous or relinquishing his office, or refuse or become in capable or unfit to act or cease to be a parsi, or be convicted of an offence under the Penal Code or other law for the time being in force, or be adjudged insolvent, then and so often the Government may appoint any person being a Parsi to be a delegate in his stead; and the name of the person so appointed shall be published in the official Gazette.",
"name": "Power to appoint new delegates",
"related_acts": "",
"section_id": 25
},
{
"act_id": 168,
"details": "26. All delegates appointed under this Act shall be considered to be public servants within the meaning of the Penal Code.",
"name": "Delegates to be deemed public servants",
"related_acts": "",
"section_id": 26
},
{
"act_id": 168,
"details": "27. The delegates selected under section 20 to aid in the adjudication of suits under this Act, shall be taken under the orders of the presiding judge of the Court in due rotation form the delegates appointed by the Government under section 24: Provided that each party to the suit may, without cause assigned challenge any three of the delegates attending the Court before such delegates are selected and no delegate so challenged shall be selected.",
"name": "Selection of delegates under section 20 to be from those appointed under section 24",
"related_acts": "",
"section_id": 27
},
{
"act_id": 168,
"details": "28. All legal practitioners entitled to practice in 10the High Court Division shall be entitled to practice in any Court constituted under this Act, and all legal practitioners entitled to practice in a District Court shall be entitled to practice in any Parsi District Matrimonial Court constituted under this Act.",
"name": "Practitioners in Matrimonial Courts",
"related_acts": "",
"section_id": 28
},
{
"act_id": 168,
"details": "29.(1) All suits instituted under this Act shall be brought in the Court within the limits of whose jurisdiction the defendant resides at the time of the institution of the suit. (2) When the defendant shall at such time have left Bangladesh such suit shall be brought in the Court at the place where the plaintiff and defendant last resided together. (3) In any case, whether the defendant resides in Bangladesh or not, such suit may be brought in the Court at the place where the plaintiff resides or at the place where the plaintiff and the defendant last resided together, if such Court, after recording its reasons in writing, grants leave so to do.",
"name": "Court in which suits to be brought",
"related_acts": "",
"section_id": 29
},
{
"act_id": 168,
"details": "30. In any case in which consummation of the marriage is from natural causes impossible, such marriage may, at the instance of either party thereto, be declared to be null and void.",
"name": "Suits for nullity",
"related_acts": "",
"section_id": 30
},
{
"act_id": 168,
"details": "31. If a husband or wife shall have been continually absent from his or her wife or husband for the space of seven years, and shall not have been heard of as being alive within that time by those persons who would have naturally heard of him or her, had he or she been alive, the marriage of such husband or wife may, at the instance of either party thereto, be dissolved.",
"name": "Suits for dissolution",
"related_acts": "",
"section_id": 31
},
{
"act_id": 168,
"details": "32. Any married person may sue for divorce on any one or more of the following grounds, namely:- (a) \tthat the marriage has not been consummated within one year after its solemnization owing to the wilful refusal of the defendant to consummate it; (b) \tthat the defendant at the time of the marriage was of unsound mind and has been habitually so up to the date of the suit: Provided that divorce shall not be granted on this ground unless the plaintiff (1) was ignorant of the fact at the time of the marriage, and (2) has filed the suit within three years from the date of the marriage; (c) \tthat the defendant was at the time of marriage pregnant by some person other than the plaintiff: Provided that divorce shall not be granted on this ground unless (1) the plaintiff was at the time of the marriage ignorant of the fact alleged, (2) the suit has been filed within two years of the date of marriage, and (3) marital intercourse has not taken place after the plaintiff came to know of the fact; (d) \tthat the defendant has since the marriage committed adultery or fornication or bigamy or rape or an unnatural offence: Provided that divorce shall not be granted on this ground if the suit has been filed more than two years after the plaintiff came to know of the fact; (e) \tthat the defendant has since the marriage voluntarily caused grievous hurt to the plaintiff or has infected the plaintiff with venereal disease or, where the defendant is the husband, has compelled the wife to submit herself to prostitution: Provided that divorce shall not be granted on this ground if the suit has been filed more than two years (i) after the infliction of the grievous hurt, or (ii) after the plaintiff came to know of the infection, or (iii) after the last act of compulsory prostitution; (f) \tthat the defendant is undergoing a sentence of imprisonment for seven years or more for an offence as defined in the Penal Code: Provided that divorce shall not be granted on his ground unless the defendant has prior to the filing of the suit undergone at least one year's imprisonment out of the said period; (g) \tthat the defendant has deserted the plaintiff for at least three years; (h) \tthat a decree or order for judicial separation has been passed against the defendant, or an order has been passed against the defendant by a Magistrate awarding separate maintenance to the plaintiff, and the parties have not had marital intercourse for three years or more since such decree or order; (i) \tthat the defendant has failed to comply with a decree for restitution of conjugal rights for a year or more; and (j) \tthat the defendant has ceased to be a Parsi: Provided that divorce shall not be granted on this ground if the suit has been filed more than two years after the plaintiff came to know of the fact.",
"name": "Grounds for divorce",
"related_acts": "",
"section_id": 32
},
{
"act_id": 168,
"details": "33. In every such suit for divorce on the ground of adultery, the plaintiff shall, unless the Court shall otherwise order, make the person with whom the adultery is alleged to have been committed a co-defendant, and in any such suit by the husband the Court may order the adulterer to pay the whole or any part of the costs of the proceedings.",
"name": "Joining of co-defendant",
"related_acts": "",
"section_id": 33
},
{
"act_id": 168,
"details": "34. Any married person may sue for judicial separation on any of the grounds for which such person could have filed a suit for divorce, or on the ground that the defendant has been guilty of such cruelty to him or her or their children, or has used such personal violence, or has behaved in such a way as to render it in the judgment of the Court improper to compel him or her to live with the defendant.",
"name": "Suits for judicial separation",
"related_acts": "",
"section_id": 34
},
{
"act_id": 168,
"details": "35. In any suit under section 30, 31, 32 or 34, whether defended or not, if the Court be satisfied that any of the ground set forth in those sections for granting relief exist, that none of the grounds therein set forth for withholding relief exist and that- (a) \tthe act omission set forth in the plaint has not been condoned; (b) \tthe husband and wife are not colluding together; (c) \tthe plaintiff has not connived at or been accessory to the said act or omission; (d) \t(save where a definite period of limitation is provided by this Act) there has been no unnecessary or improper delay in instituting the suit; and (e) \tthere is no other legal ground why relief should not be granted; then and in such case, but not otherwise, the Court shall decree such relief accordingly.",
"name": "Decrees in certain suits",
"related_acts": "",
"section_id": 35
},
{
"act_id": 168,
"details": "36. Where a husband shall have deserted or without lawful cause ceased to cohabit with his wife, or where a wife shall have deserted or without lawful cause ceased to cohabit with her husband, the party so deserted or with whom cohabitation shall have deserted or without lawful cause ceased to cohabit with her husband, the party so deserted or with whom cohabitation shall have so ceased may sue for the restitution of his or her conjugal rights and the Court, if satisfied of the truth of the allegations contained in the plaint, and that there is no just ground why relief should not be granted, may proceed to decree such restitution of conjugal rights accordingly.",
"name": "Suit for restitution of conjugal rights",
"related_acts": "",
"section_id": 36
},
{
"act_id": 168,
"details": "37. In any suit under this Act, the defendant may make a counter-claim for any relief he or she may be entitled to under this Act.",
"name": "Counter-claim by defendant for any relief",
"related_acts": "",
"section_id": 37
},
{
"act_id": 168,
"details": "38. Notwithstanding anything hereinbefore contained, no suit shall be brought in any Court to enforce any marriage or any contract connected with or arising out of any marriage, if, at the date of the institution of the suit, the husband shall not have the age of sixteen years, or the wife shall not have completed the age of fourteen years.",
"name": "No suit to be brought to enforce marriage or contract arising out of marriage when husband is under sixteen or wife under fourteen years",
"related_acts": "",
"section_id": 38
},
{
"act_id": 168,
"details": "39. In any suit under this Act if the wife shall not have an independent income sufficient for her support and the necessary expenses of the suit, the Court, on the application of the wife, may order the husband to pay her monthly or weekly during the suit such sum not exceeding one-fifth of her husband's net income as the Court, considering the circumstances of the parties, shall think reasonable.",
"name": "Alimony pendente lite",
"related_acts": "",
"section_id": 39
},
{
"act_id": 168,
"details": "40. (1) The Court may, if it shall think fit at the time of passing any decree under this Act or subsequently thereto on application made to it for the purpose, order that the husband shall while the wife remains chaste and unmarried,- (a) \tto the satisfaction of the Court, secure to the wife such gross sum or such monthly or periodical payment of money for a term not exceeding her life as, having regard to her own property, if any, her husband's ability and the conduct of the parties, shall be deemed just, and for that purpose may require a proper instrument to be executed by all necessary parties and suspend the pronouncing of its decree until such instruments shall have been duly executed, or (b) \tmake such monthly payments to the wife for her maintenance and support as the Court may think reasonable. In case any such order shall not be obeyed by her husband it may be enforced in the manner provided for the execution of decrees and orders under the Code of Civil Procedure, 1908, and further the husband may be sued by any person supplying the wife with necessaries during the time of such disobedience for the price of such necessaries. (2) The Court, if satisfied that there is a change in the circumstances of either party at any time, may at the instance either party vary, modify or rescind such order in such manner as the Court may deem just. (3) Where an order for alimony or maintenance in favour of a wife has been mad either under the provisions of the Parsi Marriage and Divorce Act, 1865, or under the provisions of this Act, the Court, if satisfied that the wife has remarried or has not remained chaste, shall vary or rescind the order.",
"name": "Permanent alimony",
"related_acts": "86",
"section_id": 40
},
{
"act_id": 168,
"details": "41. In all cases in which the Court shall make any decree or order for alimony it may direct the same to be paid either to the wife herself, or to any trustee on her behalf to be approved by the Court, and may impose any terms or restrictions which to the Court may seem expedient, and may from time to time appoint a new trustee, if for any reason it shall appear to the Court expedient so to do.",
"name": "Payment of alimony to wife or to her trustee",
"related_acts": "",
"section_id": 41
},
{
"act_id": 168,
"details": "42. In any suit under this Act the Court may make such provisions in the final decree as it may deem just and proper with respect to property presented at or about the time of marriage which may belong jointly to both the husband and wife.",
"name": "Disposal of joint property",
"related_acts": "",
"section_id": 42
},
{
"act_id": 168,
"details": "43. In every suit preferred under this Act, the case shall be tried with closed doors should such be the wish of either of the parties.",
"name": "Suits may be heard with closed doors",
"related_acts": "",
"section_id": 43
},
{
"act_id": 168,
"details": "44. Notwithstanding anything contained in section 19 or section 20, where in the case of a trial in a Parsi Matrimonial Court not less than five delegates have attended throughout the proceedings, the trial shall not be invalid by reason of the absence during any part thereof of the other delegates.",
"name": "Validity of trial",
"related_acts": "",
"section_id": 44
},
{
"act_id": 168,
"details": "45. The provisions of the Code of Civil Procedure, 1908, shall, so far as the same may be applicable, apply to proceedings in suits instituted under this Act including proceedings in execution and orders subsequent to decree.",
"name": "Provisions of Civil Procedure Code to apply to suits \tunder the Act",
"related_acts": "86",
"section_id": 45
},
{
"act_id": 168,
"details": "46. In suits under this Act all questions of law and procedure shall be determined by the presiding judge; but the decision on the facts shall be the decision of the majority of the delegates before whom the case is tried: Provided that, where such delegates are equally divided in opinion, the decision on the facts shall be the decision of the presiding judge.",
"name": "Determination of questions of law and procedure and of \tfact",
"related_acts": "",
"section_id": 46
},
{
"act_id": 168,
"details": "47. An appeal shall lie to the 11the High Court Division from- (a) \tthe decision of any Court established under this Act, on the ground of the decision being contrary to some law or usage having the force of law, or of a substantial error or defect in the procedure or investigation of the case which may have produced error or defect in the decision of the case upon the merits, and on no other ground; and (b) \tthe granting of leave by any such Court under sub-section (3) of section 29: Provided that such appeal shall be instituted within three calendar months after the decision appealed from shall have been pronounced.",
"name": "Appeal to High Court Division",
"related_acts": "",
"section_id": 47
},
{
"act_id": 168,
"details": "48. When the time hereby limited for appealing against any decree granting a divorce or annulling or dissolving a marriage shall have expired, and no appeal shall have been presented against such decree, or when any such appeal shall have been dismissed, or when in the result of any appeal a divorce has been granted or a marriage has been declared to be annulled or dissolved, but not sooner, it shall be lawful for the respective parties thereto to marry again, as if the prior marriage had been terminated by death.",
"name": "Liberty to parties to marry again",
"related_acts": "",
"section_id": 48
},
{
"act_id": 168,
"details": "49. In any suit under this Act, the Court may from time to time pass such interim orders and make such provisions in the final decree as it may deem just and proper with respect to the custody, maintenance and education of the children under the age of sixteen years, the marriage of whose parents is the subject of such-suit, and may, after the final decree upon application, by petition for this purpose, make, revoke, suspend or vary from time to time all such orders and provisions with respect to the custody, maintenance and education of such children as might have been made by such final decree or by interim orders in case the suit for obtaining such decree were still pending.",
"name": "Custody of children",
"related_acts": "",
"section_id": 49
},
{
"act_id": 168,
"details": "50. In any case in which the Court shall pronounce a decree divorce or judicial separation for adultery of the wife, if it shall be made to appear to the Court that the wife is entitled to any property either in possession or reversion, the Court may order such settlement as it shall think reasonable to be made of any part of such property, not exceeding one-half thereof, for the benefit of the children of the marriage or any of them.",
"name": "Settlement of wife's property for benefit of children",
"related_acts": "",
"section_id": 50
},
{
"act_id": 168,
"details": "1251.(1) The Supreme Court shall have rule-making power in respect of all Courts constituted under this Act in the same manner as it has over and in respect of other Courts under Article 107 of the Constitution of the People's Republic of Bangladesh. (2) The High Court Division shall have superintendence over all Courts constituted under this Act subject to its appellate jurisdiction in the same manner as it has over other Courts under Article 109 of the Constitution of the People's Republic of Bangladesh.",
"name": "Rule making power the Supreme Court, etc.",
"related_acts": "",
"section_id": 51
},
{
"act_id": 168,
"details": "52.(1) The provisions of this Act shall apply to all suits to which the same are applicable whether the circumstances relied on occurred before or after the passing of this Act, and whether any decree or order referred to was passed under this Act or under the law in force before the passing of this Act, and where any proceedings are pending in any Court at the time of the commencement of this Act, the Court shall allow such amendment of the pleadings as may be necessary as the result of the coming into operation of this Act. (2) A Parsi who has contracted a marriage under the Parshi Marriage and Divorce Act, 1865 or under this Act, even though such Parsi may change his or her religion or domicile, so long as his or her wife or husband is alive and so long as such Parsi has not been lawfully divorced from such wife or husband or such marriage has not lawfully been declared null and void or dissolved under the decree of a competent Court under either of the said Acts, shall remain bound by the provisions of this Act.",
"name": "Applicability of provisions of the Act",
"related_acts": "",
"section_id": 52
},
{
"act_id": 168,
"details": "53.\t Repealed by section 3 and Schedule II of the Repealing and Amending Act, 1937 (Act No. XX of 1937).",
"name": "Repealed",
"related_acts": "",
"section_id": 53
}
],
"text": "♣An Act to amend the law relating to marriage and divorce among Parsis. WHEREAS it is expedient to amend the law relating to marriage and divorce among Paris; It is hereby enacted as follows:-"
} |
{
"id": 169,
"lower_text": [
"1 The words \"Bengal\" was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 Clause (6A) was inserted by section 2 of the Bengal Agricultural Debtors (Amendment) Act, 1940 (Act No. VIII of 1940).",
"3 The words, comma and figure \"Civil Courts Act, 1887\" were substituted, for the words \"East Bengal Civil Courts Act\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"4 The word \"Parliament\" was substituted, for the words \"the Provincial Legislature\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"5 The words, brackets, figures and comma \"Clause (1) of Article 37 of the Bangladesh Bank Order, 1972\" were substituted, for the words, brackets, figure and comma \"sub-section (1) of section 37 of the State Bank of Pakistan Act, 1956\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"6 Clause (11A) was inserted by section 2 of the Bengal Agricultural Debtors (Amendment) Act, 1940 (Act No. VIII of 1940).",
"7 Clause (14A) was inserted by section 7 of the Bengal Touts Act, 1942 (Act No. V of 1942).",
"8 Clause (dd) was inserted by section 6 of the Bengal Agricultural Debtors (Amendment) Act, 1940 (Act No. VIII of 1940).",
"9 Clause (ee) was inserted by section 6 of the Bengal Agricultural Debtors (Amendment) Act, 1940 (Act No. VIII of 1940).",
"10 Clause (ee) was inserted by section 6 of the Bengal Agricultural Debtors (Amendment) Act, 1940 (Act No. VIII of 1940).",
"11 Section 13A was inserted by section 8 of the Bengal Agricultural Debtors (Amendment) Act, 1940 (Act No. VIII of 1940)",
"12 Sub-clause (ii) of the proviso was omitted by section 11 of the Bengal Agricultural Debtors (Amendment) Act, 1940 (Act No. VIII of 1940)",
"13 Section 19A was inserted by section 11 of the Bengal Agricultural Debtors (Amendment) Act, 1940 (Act No. VIII of 1940)",
"14 The words, commas and figure \"Co-operative Societies Act, 1912, or the Bengal\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"15 Section 37A was inserted by section 5 of the Bengal Agricultural Debtors (Amendment) Act, 1942 (Act No. II of 1942)",
"16 The word \"Bengal\" was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"17 Sub-section (4A) was inserted by section 20 of the Bengal Agricultural Debtors (Amendment) Act, 1940 (Act No. VIII of 1940)",
"18 Section 40A was inserted by section 20 of the Bengal Agricultural Debtors (Amendment) Act, 1940 (Act No. VIII of 1940)",
"19 The words, commas, and figure \"as defined in the Legal Practitioners Act, 1879,\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"20 Sections 46A to 46F were inserted by section 19 of the Bengal Touts Act, 1942 (Act No. V of 1942)",
"21 The words \"Penal Code\" were substituted, for the words \"Pakistan Penal Code\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"22 The words \"Penal Code\" were substituted, for the words \"Pakistan Penal Code\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"23 Clauses (ma) and (mb) were inserted by section 24 of the Bengal Agricultural Debtors (Amendment) Act, 1940 (Act No. VIII of 1940)",
"24 Clauses (ya) to (yd) were inserted by section 6 of the Bengal Agricultural Debtors (Amendment) Act, 1942 (Act No. II of 1942)"
],
"name": "The Agricultural Debtors Act, 1935",
"num_of_sections": 67,
"published_date": "9th April, 1936",
"related_act": [
98,
169,
430,
48,
86,
24,
90,
59
],
"repelled": false,
"sections": [
{
"act_id": 169,
"details": "1.\t(1) This Act may be called the 1* * * Agricultural Debtors Act, 1935. (2) It extends to the whole of Bangladesh. (3) It shall come into force in such areas on such dates as the Government may, by notification, direct.",
"name": "Short title, extent and commencement",
"related_acts": "169",
"section_id": 1
},
{
"act_id": 169,
"details": "2. \tIn this Act, unless there is anything repugnant in the subject or context,- (1) \t\"agriculture\" includes horticulture and dairy farming and the use of land for any purpose of husbandry inclusive of the keeping or breeding of livestock, poultry or bees and the growing of fruits, vegetables and the like; (2) \t\"amount payable under an award\" means an amount included under clause (d) of sub-section (1) of section 25 in an award as payable by a debtor in respect of any debt, or any part of such amount which remains unpaid, together with any interest on such amount or part thereof which is due under the award; (3) \t\"Appellate Officer\" means an officer appointed under section 40; (4) \t\"award\" means an award as made by a Board under sub-section (2) of section 19 or sub-section (6) of section 22 or sub-section (5) of section 37A, or as confirmed or modified by an Appellate Officer under sub-section (5) of section 40 or under section 40A; (5) \t\"Board\" means a Debt Settlement Board established under sub-section (1) of section 3, and includes an officer or the Collector authorised under the proviso to section 4; (6) \t\"Certificate-officer\" means a Certificate-officer as defines in the Public Demands Recovery Act, 1913; 2(6A)\t\"Civil Court\" means a Civil Court within the meaning of the 3Civil Courts Act, 1887, and includes any Court exercising appellate or revisional jurisdiction over any such Court. (7) \t\"Collector\" includes any officer appointed by the Government to exercise any of the powers of a Collector under this Act; (8) \t\"debt\" includes all liabilities incurred prior to the first day of January, 1940 of a debtor in cash or in kind, secured or unsecured, whether payable under a decree or order of a Civil Court or otherwise, and whether payable presently or in future, but does not include the following:- (i)\tany amount the liability for the payment of which is only contingent; (ii) \tany rent not due at the time when a Board determines the amount of debts under section 18; (iii) \tany share of the produce of land on payable on account of land cultivated under the system known as adhi, barga or bhag; (iv) \tany amount recoverable as a public demand, except (a) \tan amount referred to in sub-section (1) of section 28; (b) \tarrears of rent payable on account of the use or occupation of land held by a tenant; and (c) \tany sum referred to in Article 12A of Schedule I to the Public Demands Recovery Act, 1913 or any sum ordered by a liquidator under any Act of 4Parliament, for the time being in force, relating to co-operative societies, to be recovered as a contribution to the assets of a co-operative society or as the cost of liquidation thereof; (v) \tany amount a suit or application for the recovery of which is barred by limitation, or which is otherwise irrecoverable under the law; (vi)\tany debt due to any bank for the time being included in the list of banks maintained under 5Clause (1) of Article 37 of the Bangladesh Bank Order, 1972. (9) \t\"debtor\" means a debtor whose primary means of livelihood is agriculture and who (a) \tis a raiyat or an under-raiyat, or (b) \tcultivates land himself or by members of his family or by hired labourers or by adhiars, bargadars or bhagdars; and includes a group of persons who join in making an application under the provisions of sub-section (1) of section 9 and any person who, by virtue of the provisions of sub-section (7) of section 37A shall be deemed to be a debtor; (10) \t\"loan\" means loan whether of money or in kind, and includes any transaction which is, in the opinion of a Board, in substance a loan; (11) \t\"notification\" means a notification published in the official Gazette. 6(11A) \t\"original principal\" means the loan as originally borrowed, excluding any amount of interest on such loan which may at any time have been included as principal; (12) \t\"prescribed\" means prescribed by ruled made under this Act; (13) \t\"settlement\" includes an amicable settlement and a settlement or adjustment made by order of a Board; (14) \t\"supplementary income\" means any income derived by the debtor from any source other than agriculture; 7(14A) \t\"tout\" means a person who habitually frequents the precincts of the office of a Board except- (a) \tfor the purpose of his own proceedings before such Board, or (b) \tas an agent of a party permitted to represent such party under section 46; (15) \tthe expressions \"landlord\", \"raiyat\", \"under-raiyat\" and \"rent\" have the same meanings as in the Bengal Tenancy Act, 1885.",
"name": "Definitions",
"related_acts": "59,98",
"section_id": 2
},
{
"act_id": 169,
"details": "3. (1) The Government may, by notification, establish one or more Debt Settlement Boards for any local area specified in the notification. (2) Each Board shall consist of a Chairman and of not more than four other members, to be appointed by the Government.",
"name": "Establishment of Debt Settlement Boards",
"related_acts": "",
"section_id": 3
},
{
"act_id": 169,
"details": "4. The Government may, at any time, for reasons to be recorded in writing, cancel, by notification, the appointment of the Chairman or any other member of a Board or dissolve any Board: Provided that if, when a board is dissolved, the Government does not consider the appointment of another Board to be necessary or desirable, it may authorise any Government Servant to exercise such of the powers of the Board in connection with the making of awards as it may specify and the Collector to exercise all or any of the other powers of the Board.",
"name": "Power of Government to cancel appointment of Chairman and members of, or to dissolve, a Board",
"related_acts": "",
"section_id": 4
},
{
"act_id": 169,
"details": "5. The Government may, by notification, delegate its powers under sections 3 and 4 to the Commissioner.",
"name": "Delegation of power to Commissioner",
"related_acts": "",
"section_id": 5
},
{
"act_id": 169,
"details": "6. The Chairman and the other members of a Board shall be appointed for a term of not more than three years, but shall be eligible for reappointment.",
"name": "Tenure of office",
"related_acts": "",
"section_id": 6
},
{
"act_id": 169,
"details": "7. The Government may, by notification, from time to time, empower a Board to exercise all or any of the powers under sub-section (2) or (3) of section 9, sub-section (2) of section 13, clause (b) or clause (c) of sub-section (1) of section 19, section 21, or sub-section (1) of section 22, and unless so empowered a Board shall not exercise any such powers.",
"name": "Government may invest Boards with certain powers",
"related_acts": "",
"section_id": 7
},
{
"act_id": 169,
"details": "8. (1) Subject to the provisions of section 9, a debtor may make an application for the settlement of his debts to a Board established for the local area within which he ordinarily resides within eleven years after the first Board is established under sub-section (1) of section 3 for that local area. (2) Unless the debtor has already made an application under sub-section (1) any of his creditors may make an application to a Board to which the debtor might have applied under that sub-section. (3) If applications are made to more than one Board in respect of the debts of the same debtor, such applications shall, subject to rules made under this Act, be transferred to and dealt with by one Board. (4) No objection as to the place of presentation of the application shall be allowed by the Appellate officer unless such objection was taken, at the earliest opportunity, before the Board to which the application was made and unless there has been a consequent failure of justice. (5) Notwithstanding anything contained in sub-section (1), a Board may for good and sufficient reason entertain a further application in respect of any debt incurred before the date of a first application under sub-section (1) or sub-section (2) whether such application was made to it or to any other Board, except when such application under either of the said sub-sections has been dismissed under sub-section (3) or section 13 or under clause (b) (ii) of sub-section (1) or sub-section (2) of section 17. (6) A board shall not entertain any further application for the settlement of any debt which has been incurred by a debtor (including any rent which has become due) after the date of application under sub-section (1) or sub-section (2).",
"name": "Application for settlement of debts",
"related_acts": "",
"section_id": 8
},
{
"act_id": 169,
"details": "9.(1) An application may be made under sub-section (1) of section 8 for the settlement of- (a)\tan ancestral debt for which two or more persons are jointly liable if one of such persons is a debtor within the meaning of this Act, and they all join in making such application, or (b)\ta debt for which two or more persons are jointly liable if all such persons are debtors within the meaning of this Act and they all join in making such application, and the Board may pass orders under this Act regarding any debt to which such application relates. (2) If a debtor within the meaning of this Act is jointly liable with other persons for any debt other than a debt for arrears of rent such debtor may make an application under sub-section (1) of section 8 for relief in respect of his liability in regard to such debt, and the Board, after consideration of the facts and circumstances of the case, may, if so empowered under section 7, pass such order as it thinks fit under this Act regarding the debt so far as such applicant is concerned and such order of the Board shall not be questioned in any Civil Court or in any manner other than that provided in this Act: Provided that an order of the Board under this sub-section shall not affect the liability of any other person who is jointly liable with the debtor for the debt, but in no case shall the creditor to whom the debt is due to be entitled to realize more than his dues from the persons jointly liable. (3) If a debtor within the meaning of this Act is liable with other persons for a debt for arrears of rent, such debtor may, notwithstanding the provisions of clause (b) of sub-section (1), make an application under sub-section (1) of section 8 for relief in respect of the entire amount of such debt, and the Board, after consideration of the facts and circumstances of the case, may, if so empowered under section 7, pass such order as it thinks fit under this Act regarding the entire amount of such debt, and such order of the Board shall not be questioned in any Civil Court or in any manner other than that provided in this Act: Provided that, notwithstanding anything contained in any other law, (a) \ton compliance in full by the said debtor with an order of the Board under this sub-section, his liability and that of the said other persons to the landlord for the arrears of rent in respect of which such order is made, shall cease, by the said other persons shall be liable to contribute to the debtor in respect of the sum paid by him under the said order, and (b) \tduring the period allowed in the said order for full compliance with the terms thereof relating to the arrears of rent, the landlord shall be debarred from instituting a suit for the recovery of the same, unless during such period the debtor fails to comply with the said terms.",
"name": "Application for settlement of join debts",
"related_acts": "",
"section_id": 9
},
{
"act_id": 169,
"details": "10. Every application under section 8 shall be in writing in the prescribed form and shall be signed and verified in the prescribed manner.",
"name": "Form and verification of application",
"related_acts": "",
"section_id": 10
},
{
"act_id": 169,
"details": "11.(1) An application made by a debtor under sub-section (1) of section 8 shall contain a statement of debt, in the prescribed form, which shall include the following:- (a)\tthe name of the place where he ordinarily resides; (b)\tthe names and addresses of his creditors, the total amount claimed by each creditor to be owing to him in respect of each debt, so far as is known to the debtor, and a note whether each such claim is admitted by debtor; (c)\tthe history of each such debt with particulars of the original principal and the rate of interest chargeable; (d)\tdetails of any debts for which the debtor is liable as a surety or is liable with other persons as a joint debtor or joint surety together with the names and addresses of all such persons; 8(dd) \tdetails of any liabilities incurred on or after the first day of January, 1940; (e)\tparticulars of the debtor's property both movable and immovable (including claims due to him),a specification of its value and other places where it may be found, and details of any attachment, mortgage, lien or charge subsisting thereon together with the names and address of the co-sharers, if any, of the debtor; 9(ee) \tparticulars of any property as in clause (e) of which the creditor has taken possession either as security for, or in lieu of payment of, any portion of the principal of the debt or any portion of the interest thereon, together with the name and address of any person who may be in possession of any portion of such property under the creditor; (f)\tparticulars of any property as in clause (e) which has been transferred by the debtor within two years previous to the date of his application together with the name and address of the transferee; (g)\tparticulars of any supplementary income of the debtor; and (h)\ta declaration that all his debts and all his properties have been included in the statement. (2) An application made by a creditor under sub-section (2) of section 8 shall contain a statement of debt, in the prescribed form, which shall include the following:- (a)\tthe name of the place where the debtor ordinarily resides; (b)\tthe total amount of every debt claimed by the creditor to be owing to him from the debtor; (c)\tthe history of each such debt with particulars of the original principal and the rate of interest chargeable; (d)\tthe names and addresses of the other creditors, so far as they are known to the creditor; (e)\tparticulars, so far as known to the creditor, of the debtor's property, as in clause (e) of sub-section (1). 10(ee) \tparticulars of any property as in clause (e) of which the creditor has taken possession either as security for, or in lieu of a payment of, any portion of the principal of the debt or any portion of the interest thereon, together with the name and address of any person who may be in possession of any portion of such property under the creditor; (f) \tparticulars, so far as they are known to the creditor, of any supplementary income of the debtor; and (g)\ta declaration that agriculture is the primary means of livelihood of the debtor.",
"name": "Statement of debt to be included in application",
"related_acts": "",
"section_id": 11
},
{
"act_id": 169,
"details": "12.(1) On receipt of an application under section 8, the Board shall pass an order fixing a date and place for consideration of the application, unless the application is dismissed forthwith under section 17. (2) The Board shall, in the prescribed manner, give notice of such order to the debtor (if he is not himself the applicant) or (if the debtor is the applicant) to all persons whose names and addresses are given in the application. (3) The applicant may, at the discretion of the Board, be examined on oath or affirmation on the date fixed under sub-section(1) or on such other date as the Board may fix and a memorandum of the substances of the statement made by the applicant shall be recorded in writing by the Board. (4) No woman who has made an application under section 8 shall, against her will, be required to appear in person before the Board for the purpose of being examined under this section.",
"name": "Procedure on receipt of application",
"related_acts": "",
"section_id": 12
},
{
"act_id": 169,
"details": "1113A. If in any statement of debt submitted by a creditor under sub-section (1) of section 13 any person who has not been served with a notice under sub-section (2) of section 12 is stated to be in possession of any portion of the immovable property of the debtor, the Board shall serve on such person in the prescribed manner a notice requiring him, if he desires to make any representation, to appear before the Board on such date as may be specified in the notice.",
"name": "Notice to persons in possession under a creditor",
"related_acts": "",
"section_id": 13
},
{
"act_id": 169,
"details": "13.(1) At the time of giving the notice referred to in sub-section (2) of section 12, the Board shall, in the prescribed manner, serve a notice on the debtor (unless the debtor is himself the applicant) and on every creditor whose name and address are given in the application and also publish a general notice requiring the debtor and all creditors to submit a statement of debt in the prescribed form within one month of the date of service of the notice, or publication of the general notice, which ever is later and further requiring all creditors to produce on a date specified in the notices all documents (including entries in books of account) by which the creditor intends to prove any debt owing to him, together with a true copy of each such document: Provided that, if the Board is satisfied that the debtor or any creditor is for good and sufficient cause unable to comply with such notice, it may extend the period for the submission of his statement of debt or the production of his documents and true copies thereof. (2) If any creditor fails to comply with a notice under sub-section (1), the Board, if so empowered under section 7, may pass an order in writing declaring that the amount of any debt due to him from the debtor on the date of such order shall, for the purposes of this Act, be deemed to be the amount stated in the statement of debt submitted by the debtor, and that no debt of which the creditor has failed to submit a statement, other than a debt which the debtor has included in his statement of debt shall be payable; and such order shall not be questioned in any Civil Court or in any manner other than that provided in this Act. (3) If any debtor fails to comply with a notice under sub-section (1), the Board shall dismiss the application and may allow against the debtor such costs as the Board considers reasonable and such costs shall be recoverable as a public demand on application made within the prescribed period by a creditor to whom the same is due: Provided that an order made under sub-section (2) or sub-section (3) may be varied or reversed by the Board on an application for review or by the Appellate Officer on appeal if it is proved to the satisfaction of the Board or of the Appellate Officer that the creditor or debtor or any person referred to in clause (d) of sub-section (1) of section 11, as the case may be, had no knowledge of the notice under sub-section (1) or that he has complied with it or that he had sufficient reason for non-compliance: Provided further that when a Board has ceased to exist an order made under sub-section (2) or sub-section (3) may be varied or reversed by the Appellate Officer on an application if it is proved to his satisfaction that the creditor or debtor or any person referred to in clause (d) of sub-section (1) of section 11, as the case may be, had no knowledge of the notice under sub-section (1) or that he has complied with it or that he had sufficient reason for non-compliance.",
"name": "Further statements of debts",
"related_acts": "",
"section_id": 14
},
{
"act_id": 169,
"details": "14.(1) Omitted by section 9 of the Bengal Agricultural Debtors (Amendment) Act, 1940 (Act No. VIII of 1940). (2) The Board shall mark in the prescribed manner each original document produced in compliance with the notice under sub-section (1) of section 13, keep the copy after verifying its correctness, and return the original to the creditor. (3) No document relating to a debt regarding which a creditor has failed to submit a statement under sub-section (2) of section 11 or sub-section (1) of section 13, and no document which being in the possession or under the control of the creditor has not been produced by him as required by sub-section (1) of section 13, shall be admissible in evidence against the debtor or his successor-in-interest in any suit by the creditor or by any person claiming under him for the recovery of the debt to which such document relates unless it is proved to the satisfaction of the Civil Court that there were sufficient reasons for non-production of the document before the Board.",
"name": "Production of documents",
"related_acts": "",
"section_id": 15
},
{
"act_id": 169,
"details": "15. Subject to any rules made under this Act, the Board shall call upon the debtor and each creditor to explain his case regarding each debt, and shall use its best endeavours to induce them to arrive at an amicable settlement.",
"name": "Board to attempt amicable settlement",
"related_acts": "",
"section_id": 16
},
{
"act_id": 169,
"details": "16.(1) Subject to rules made under this Act, a Board may exercise all such powers connected, with the summoning and examining of parties and witnesses and with the production of documents as are conferred on a civil Court by the Code of Civil Procedure, 1908. (2) Any person present may be required by a Board to furnish any information or to produce any document then and there in his possession or power.",
"name": "Power of Board to require attendance of persons and production of documents and to receive evidence",
"related_acts": "86",
"section_id": 17
},
{
"act_id": 169,
"details": "17.(1) An application under section 8 may be dismissed by the Board, at any stage of its proceedings, in respect of all or any of the debts to which it relates,- (a) \tif, for reasons to be stated in writing, the Board does not consider it desirable or practicable to effect a settlement of debts, or (b) \tif, in the opinion of the Board- (i) \tthe applicant fails to pursue his applications with due diligence, or (ii) \tthe debtor is attempting to use the provisions of this Act with a view to defraud any creditor or any person referred to in clause (d) of sub-section (1) of section 11. (2) An application under section 8 shall be dismissed by the Board, if in its opinion- (a) \tsuch application includes a claim which is intended to defraud any creditor; or (b) \tthere has been transfer of any property by the debtor within two years previous to the date of such application with a view to defraud any creditor.",
"name": "Dismissal of applications",
"related_acts": "",
"section_id": 18
},
{
"act_id": 169,
"details": "18.(1) If there is any doubt or dispute as to the existence or amount of any debt, the Board shall decide whether the debts exists and determine its amount: Provided that a decree of a Civil Court relating to a debt shall be conclusive evidence as to the existence and amount of the debt as between the parties to the decree. (2) Before passing any order under sections 19, 21 or 22 the Board, after considering the statements of debt submitted under section 11 and sub-section (1) of section 13 and the evidence produced, if any, after having given an opportunity to the parties to appear and be heard shall, in accordance with rules made under this Act, determine in respect of each debt the amount of the principal and the amount of the arrears of interest due thereon from the debtor up to the date of such determination. (3) Omitted by section 10 of the Bengal Agricultural Debtors (Amendment) Act, 1940 (Act No. VIII of 1940). (4) When the Board has determined under sub-section (2) the amounts of the principal of a debt due from a debtor and of the arrears of interest due thereon, the decision of the Board in this respect shall not be questioned in any Civil Court or in any manner other than that provided in this Act. (5) Notwithstanding anything contained in this Act or in any other law for the time being in force or in any contract, where a creditor has taken possession on any terms whatsoever of any immovable property of the debtor as security for, or in lieu of payment of, any portion of the principal of the debt or any portion of the interest thereon, and where the Court has not pronounced a final decree for foreclosure or has not conformed a sale held in execution of a final decree for the sale of the property, the Board shall, in making the determination under sub-section (2), prepare an account in the prescribed manner of the receipts of the creditor derived from the said property and after deducting the expenses properly incurred by the creditor (of which an account shall similarly be prepared) either for the cultivation or for the management of the said property, shall credit the sum of such receipts in reduction of the amount, if any, from time to time due to the creditor as interest on the original principal of the debt and, so far as such sum exceeds any interest due, in reduction or discharge, as the case may be, of such original principal. (6) In determining under this section the amount of arrears of interest due- (a)\tthe rate of interest taken shall not, notwithstanding anything contained in any contract, exceed the rate recoverable in a suit or other proceedings for the recovery of the interest under any law for the time being in force, and (b) \twhere the debt relates to a loan in kind or where there is any stipulation for the payment of interest in kind, the money value of the principal or interest shall, where the circumstances require such calculation, be calculated in the manner prescribed.",
"name": "Determination of amounts of debts",
"related_acts": "",
"section_id": 19
},
{
"act_id": 169,
"details": "19.(1) Subject to rules made under this Act- (a) \twhen any creditor agrees in respect of any debt owing to him to an amicable settlement with the debtor, the Board shall embody such settlement in writing; or (b) \twhen creditors to whom there is owing not less than forty per cent. of the total debt, agree to an amicable settlement with the debtor, the Board, if it is so empowered under section 7 and if it considers that an offer made by the debtor for the settlement of any debt not included in the amicable settlement is a fair offer which the creditor concerned ought reasonably to accept, may pass an order that the debt to which the offer relates shall be settled in accordance with such offer: Provided that for the purposes of this clause an offer shall \tnot be considered by the Board to be a fair offer- (i) \tif its terms are less favourable than the terms of the amicable settlement relating to a debt of the same description, or 12* * * (c) \twhen in respect of a debt referred to in sub-section (5) of section 18, the Board, if so empowered under section 7, considers that the debtor has made an offer for the settlement of the debt which the creditor ought reasonably to accept, it may order that the debt be settled in accordance with such offer, and may pass a further order directing the creditor to restore to the debtor by a specified date any immovable property of the debtor which is in his possession as security for or in lieu of payment of any portion of the principal of such debt or any portion of the interest thereon. Such date shall be fixed in consideration of the profits derived and the estimated profits which may be derived by the creditor from such property provided that in no case shall the date be fixed so as to allow the creditor to enjoy possession of the land of a raiyat or under-raiyat for a period exceeding fifteen years from the commencement of such possession. (2) The terms of any settlement of debts under sub-section (1) shall be embodied in an award to be made by the Board Explanation.-The words \"total debt\" mean the sum total of all debts which have been determined under section 18 or regarding the amount of which there is no doubt or dispute.",
"name": "Settlement of debts",
"related_acts": "",
"section_id": 20
},
{
"act_id": 169,
"details": "1319A. (1) If the creditor does not restore possession of the immovable property to the debtor by the date specified in an award under sub-section (2) of section 19, the debtor may, apply to the Certificate-officer exercising jurisdiction in the area in which such property is situated, to be put in possession thereof. (2) An application under sub-section (1) shall be accompanied by the prescribed process fee, and the Certificate-officer, after giving notice in the prescribed manner to the creditor and to any person who may be in possession under the creditor and after such inquiry as he considers necessary, may direct the creditor to pay to the debtor such compensation as appears to him to be fair and equitable in respect of the period during which the creditor or any person who may be in possession under him retained possession of the property in contravention of the said order of the Board together with costs incidental to the application under this section, and may also pass an order directing the creditor or any person who may be in possession under him to deliver possession of the property to the debtor by a specified date. (3) If possession of the property is not delivered to the debtor by the date specified in an order under sub-section (2), the Certificate-officer shall on the application of the debtor, order delivery of possession to be made by putting in possession of the property the debtor or any other person whom he may appoint to receive delivery on his behalf, and in delivering possession, the Certificate-officer shall have the same powers as under the Public Demands Recovery Act, 1913. (4) Any compensation and costs payable under an order under this section shall be recoverable as a public demand.",
"name": "Delivery of immovable property to debtor",
"related_acts": "",
"section_id": 21
},
{
"act_id": 169,
"details": "20. If any question arises in connection with proceedings before a Board under this Act, whether a person is a debtor or not or whether a liability is a debt or not, the Board shall decide the matter.",
"name": "Decision by Board as to whether a person is a debtor",
"related_acts": "",
"section_id": 22
},
{
"act_id": 169,
"details": "21. Subject to any rules made under this Act, if any creditor does not accept an offer made by the debtor which in the opinion of the Board is fair and such as the creditor ought reasonably to accept, the Board if it is so empowered under section 7, instead of passing any other order which it is competent to pass, may grant to the debtor a certificate in the prescribed form in respect of the debt to which the offer relates, and thereafter, notwithstanding the provision of any law for the time being in force, no Civil Court shall allow to the plaintiff, in any suit for the recovery of such debt, any costs in such suit or any interest on the debt after the date of such certificate, and no decree for the recovery of such debt shall be executed until all amounts payable under an award in respect of other debts of the debtor have been paid, or until the expiry of such period not exceeding ten years as may be specified in the certificate, whichever is later, or, if the award ceases to subsist under sub-section (5) of section 29, until the award has so ceased to subsist.",
"name": "Grant of certificate in respect of certain debts",
"related_acts": "",
"section_id": 23
},
{
"act_id": 169,
"details": "22.(1) When the Board is satisfied that the debts of a debtor are such that they cannot be reduced under the provisions of section 19 to an amount which he will be able to repay within twenty years, and that the debtor is a fit person to be given the benefit of this section, the Board if it is so empowered under section 7, may, subject to rules made under this Act and after considering all the circumstances of the debtor, by a written order declare him to be insolvent and may by such order either- (a) \treduce his debts to such amounts as it considers that he can pay within a period, not exceeding twenty years, to be mentioned in the order, or (b) \tif, for reasons to be recorded in writing, it does not consider the reduction of his debts under clause (a) to be desirable, direct that, subject to the provisions of sub-section (4) and of section 24, all his property shall be sold and the proceeds shall be utilised towards the payment of his debts in such manner as may be specified in the order. (2) The certificate officer shall, on the requisition of the Board in the prescribed form, sell the property of the debtor referred to in clause (b) of sub-section (1) in the manner provided in the Public Demand Recovery Act, 1913 and the provisions of the said Act regarding sales in execution of certificates shall, subject to the provisions of this Act, apply to such sale. (3) When the Board reduces the debts of an insolvent under clause (a) of sub-section (1), it shall specify in the order what sum he shall pay in each year towards the settlement of the debts as so reduced and in what manner such sums shall be distributed among the creditors: Provided that the sum to be paid in each year shall be fixed by the Board at an amount which, in its estimation, is likely, in a year of normal harvest, to leave to the insolvent as provision towards his maintenance one-half of the surplus which remains from the value of the produce of his land after paying to the landlord the current rent due for such land. (4) When the Board directs the sale of an insolvent's property under clause (b) of sub-section (1), it shall set aside, as provision towards his maintenance, not more than one-third of the land held by him in his direct possession exclusive of the and occupied by his dwelling house: Provided that, even if he holds less than three acres of land in his direct possession, the Board shall thus set aside not less than one acre of the land so held exclusive of the land occupied by his dwelling house: Provided further that no portion of the immovable property of an insolvent shall be exempted under this sub-section from sale for realisation of arrears of rent. (5) When the property of the insolvent referred to in clause (b) of sub-section (1) has been sold under sub-section (2) or when he has paid all the sums fixed by the Board under sub-section (3) or when his property has been sold under section 28, the Board shall make an order of discharge and grant him a certificate of discharge in the prescribed form. Such certificate shall release the insolvent from all debts which were or might have been included in the application under section 8: Provided that if within five years of the order declaring the debtor insolvent any property is acquired by, devolves on, or is declared by a Civil Court or is discovered to belong to, the insolvent debtor such property shall, on application made by a creditor to the Board, be available for distribution among the creditors of the debtor, to the extent of their debts, in such manner as the Board may direct. (6) An order passed by a Board under sub-section (1) shall be embodied in an award to be made by the Board.",
"name": "Adjustment of an insolvent debtor's debts",
"related_acts": "",
"section_id": 24
},
{
"act_id": 169,
"details": "23. The Principal of any debt due in respect of arrears of rent or under section 171 of the Bengal Tenancy Act, 1885, shall not be reduced under clause (b) of sub-section (1) of section 19 or under section 22, and the provisions of section 21 shall not apply to the principal of any such debt.",
"name": "The Principal of certain debts not to be reduced",
"related_acts": "",
"section_id": 25
},
{
"act_id": 169,
"details": "24.(1) When a debtor is declared insolvent under sub-section (1) of section 22, the Board shall, in the prescribed manner, determine what portion of his immovable property shall be deemed to be the dwelling house of the debtor for the purposes of this Act.(2) Such dwelling house shall be exempt from sale under sub-section (2) of section 22 and from sale for the recovery of any unsecured debt under section 28, and notwithstanding anything contained in any other Act, the debtor shall be incompetent to mortgage, charge, lease or alienate the same in any way until he is granted a certificate of discharge under sub-section (5) of section 22. (3) Notwithstanding anything contained in any other Act, no part of the property of a debtor who has been declared insolvent under sub-section (1) of section 22 shall be exempt from sale under sub-section (2) of that section or under section 28 except such movable property as shall be prescribed, the immovable property excluded as provision towards his maintenance, and, subject to the provisions of sub-section (2), his dwelling house as determined under sub-section (1).",
"name": "Exemption of certain property of an insolvent debtor from sale",
"related_acts": "",
"section_id": 26
},
{
"act_id": 169,
"details": "25. (1) An award shall be in the prescribed form and shall include the following particulars:- (a)\ta list of the movable properties of the debtor with particulars of any mortgage, lien or charge subsisting thereon; (b) \ta list of the movable properties of the debtor on which there is any mortgage, lien or charge with particulars of such mortgage, lien or charge; (c) \tdetails of all debts which have been determined under section 18 or regarding the amount of which there is no doubt or dispute; (d) \tthe amount to be paid to each creditor for each debt owing to him under the terms of an amicable settlement or of an order of the Board under section 19 or section 22; (e) \tthe manner and the order in which and the times at which the amounts referred to in clause (d) shall be paid: Provided that the order in which such amounts shall be paid shall be in accordance with any rules made under this Act; (f) \tthe rate of interest, if any, payable on each amount referred to in clause (d); (g) \tan order that all the properties mentioned in the list referred to in clause (a) or clause (b) except such properties as are exempt from sale shall, subject to any mortgage, lien or charge subsisting there on, be security for the amounts payable under the award; (h) \tthe date, if any, by which possession of immovable property is to be restored to the debtor under the terms of an award under sub-section (2) of section 19. (2) At a place and time of which notice shall be given to the parties in the prescribed manner the award shall be explained to the parties present and shall be signed by the Board; but the validity of an award shall not be affected by the absence of any of the parties. (3) From the date of the signing of the award under sub-section (2) it shall, in suppression of all previous decisions of a Civil Court in respect of the debts mentioned in it, be binding on the debtor and his creditors and the successors-in-interest of such debtor and creditors.",
"name": "Awards",
"related_acts": "",
"section_id": 27
},
{
"act_id": 169,
"details": "26. \tNotwithstanding anything in this or any other Act- (a) \tif any rent due for any land mentioned in the list referred to in clause (a) of sub-section (1) of section 25 falls into arrears, the landlord may include in a suit for the recovery of such arrears the amount of arrears of rent payable under such award; (b) \tif any land referred to in clause (a) is advertised for sale in execution of a decree, or of a certificate under the Public Demands Recovery Act, 1913 for arrears of rent, the provisions of section 171 of the Bengal Tenancy Act, 1885, shall not apply, but any person whose interest are affected may pay into Court the amount requisite to prevent such sale, and thereupon the amount so paid, together with interest at the prescribed rate which shall not exceed twelve per centum per annum, shall be included by the Board in the award in accordance with rules made under this Act and such amount shall take priority of every other debt payable under the award and of every other charge on the land other than an arrear of rent.",
"name": "Special provision for arrears of rent",
"related_acts": "98",
"section_id": 28
},
{
"act_id": 169,
"details": "27.(1) When an award is made as regards any debt which is secured by a mortgage, lien or charge on any immovable property of a debtor, such mortgage, lien or charge shall subsist to the extent of the amount payable in respect of such debt under the award until such amount has been paid or the property has been sold for the satisfaction of such debt or the debtor has been granted a certificate of discharge under sub-section (5) of section 22: Provided that where an award under sub-section (2) of section 19 directs the restoration of possession immovable property to the debtor, the mortgage, charge or lien shall be subject to such modification as to the period of possession as may be contained in the award. (2) Any mortgage, lien or charge upon any immovable property securing a debt on account of which any amount is payable under a decree of a Civil Court shall cease to subsist when such property is sold under the provisions of section 28 or sub-section (4) of section 29.",
"name": "Existing mortgages, etc., to subsist",
"related_acts": "",
"section_id": 29
},
{
"act_id": 169,
"details": "28.(1) If by the date fixed the debtor fails to pay any amount payable under an award such amount shall be recoverable as a public demand on application made within the prescribed period by a creditor to whom the amount is due. If the creditor does not so apply such amount shall for the purposes of clause (iii) of section 35, be deemed to be debt incurred by debtor after the date of the signing of the award. (2) Subject to any rules made under this Act, the Certificate-officer is satisfied that there is good reason for the failure to pay by the fixed date, may allow time to the debtor within which to pay any amount due. If the Certificate-officer thus allows time, he may, if he thinks fit, further direct that a similar period of time shall be given to the debtor after the time fixed in the award for payment of any other amount payable there-under, within which to make such other payment, and the award shall be deemed to be modified accordingly. (3) If the Certificate-officer does not allow time under sub-section (2), or if the debtor fails to pay within the time allowed, the Certificate-officer shall proceed to recover the amount in the manner provided in the Public Demands Recovery Act, 1913:Provided that, if such debtor has been declared insolvent under section 22, the Certificate-officer after allowing such time, if any, as he thinks fit, shall, forthwith, subject to the provisions of sub-section (4) of section 22 and section 24, sell such portion of the property of the debtor as will be sufficient to pay all the amounts payable whether under the award or under sub-section (1) of section 29. (4) Subject to the proviso to sub-section (3), if the Certificate-officer fails to recover the full amount in respect of which an application has been made under sub-section (1) by sale of the moveable property of agricultural produce of the debtor, he shall sell such portion of the immovable property of the debtor as will sufficient to pay all amounts payable whether under the award or under sub-section (1) of section 29 or under any decree which has, to the knowledge of the Certificate-officer, been passed by a Civil Court in respect of a debt of which details are included in the award under clause (c) of sub-section (1) of section 25. (5) When the Certificate-officer sells the immovable property of a debtor under sub-section (2) of section 22 or under this section he shall keep a separate account of the proceeds realised from the sale of any portion of such property upon which a mortgage, lien or charge is shown as subsisting in the list included in the award under clause (a) of sub-section (1) of section 25. (6) If any debt in respect of which no amount is payable under the award is secured by a mortgage, lien or charge shown in such list, the Certificate-officer shall sell the immovable property subject to such mortgage, lien or charge, unless a decree of Civil Court for the recovery the debt is outstanding in respect of such property. If such a decree is outstanding the Certificate-officer shall distribute the sale-proceeds in accordance with the provision of clause (a) of sub-section (2) of section 29.",
"name": "Recovery of amounts included in an award",
"related_acts": "",
"section_id": 30
},
{
"act_id": 169,
"details": "29.(1) When a Certificate-officer has sold property of a debtor under sub-section (2) of section 22 or under section 28 he shall first pay from the proceeds of the sale any amount payable as cost of sale in execution of the Certificate and next- (a) \tany amount payable for arrears of rent under the award and as arrears of rent which may have fallen due between the date of determination of the debt under sub-section (2) of section 18 and the date of confirmation of the sale; and (b) \tany amount due to the Government included in a Certificate issued under the Public Demands Recovery Act, 1913. (2) After making the payments under sub-section (1), if any, the Certificate-officer shall proceed as follows:- (a) \the shall, in the first instance, apply the surplus of the proceeds realised from the sale of any portion of the immovable property for which he has kept a separate account under the provisions of sub-section (5) of section 28 to the payment of any amounts payable under the award or under a decree of a Civil Court to creditors on account of debts which are secured by a mortgage, lien or charge upon such property in order of priority determined in accordance with the provisions of the Transfer of Property Act, 1882, and if such surplus is insufficient to meet such payments the balance of such amounts shall, unless the debt has been extinguished by such sale, rank equally with unsecured debts: Provided that if there is any dispute or doubt as to the priority of payment of such debts the Certificate-officer shall refer the matter to the Appellate Officer who shall determine the same according to the provisions of the aforesaid Act; (b) \twhen there is a surplus after payment of the amounts referred to in clause (a), the Certificate-officer shall apply the sum of such surplus and of any proceeds realised from the sale of other property of the debtor to the payment of any other amounts payable under the award, and if such sum is insufficient to meet such payment such other amounts and any amount payable on account of an unsecured debt for the recovery of which a decree has been passed by a Civil Court, and of which details are given in the award under clause(c) of sub-section (1) of section 25, shall rank equally between themselves for purposes of payment: Provided that if any instalment has been paid under the award, for the year when an instalment fell due for the recovery of which application has been made under sub-section (1) of section 28, any instalment which fell due in that year, but which has not been paid, shall be given priority; (c) \tany surplus remaining after payment of the creditors in accordance with the foregoing provisions of this section shall be paid by the Certificate-officer to the debtor. (3) The proceedings of a Certificate-officer under this section shall be in accordance with rule made under this Act. (4) Notwithstanding anything contained in the Public Demands Recovery Act, 1913 if any amount payable under an award in respect of a debt secured by a mortgage, lien or charge on any immovable property of a debtor which is exempted from sale under the said Act cannot be recovered as a public demand, the Certificate-officer shall recover such amount by the sale of such immovable property and shall pay to the debtor the balance (if any) remaining after payment of such amount. The procedure under the Public Demands Recovery Act, 1913. (5) If the Certificate-officer fails to recover as a public demand or under the provisions of sub-section (4) any amount payable under the award, he shall certify that it is irrecoverable and thereupon the award shall cased to subsist as if a decree of the Civil Court had been passed for its payment on such date: Provided that the Certificate-officer, instead of at once certifying any part of such amount to be irrecoverable, may make a report to the Board which may pass an order declaring that the debtor is insolvent and thereupon the provisions of sub-section (5) of section 22 shall as far as possible apply to such insolvent.",
"name": "Distribution of sale-proceeds",
"related_acts": "48,98",
"section_id": 31
},
{
"act_id": 169,
"details": "30. Notwithstanding anything in any other Act, when any land mentioned in the list referred to in clause (a) of sub-section (1) of section 25 is sold in execution of a decree, or of a certificate under the Public Demands Recovery Act, 1913, for arrears of rent, the balance of the sale-proceeds which remains after the payment of the amounts referred to in clauses (a), (b) and (c) of sub-section (1) of section 169 of the Tenancy Act, 1885, or in clauses (a), (b) and (c) of sub-section (1) of section 26 of the Public Demands Recovery Act, 1913, shall be paid to the Certificate-officer, or retained by him as the case may be, for distribution in the manner provided in section 29 of this Act.",
"name": "Distribution of balance of sale-proceeds when land is sold in execution of a decree or certificate for arrears of rent",
"related_acts": "",
"section_id": 32
},
{
"act_id": 169,
"details": "31. No settlement under this Act of the debts of a member of a co-operative society registered under the 14*** Cooperative Societies Act, 1940 who owns any amount to such society, shall be valid without the previous approval in writing of a prescribed authority.",
"name": "Settlement of debts of a member of a co-operative society",
"related_acts": "",
"section_id": 33
},
{
"act_id": 169,
"details": "32. If a debtor informs the Board at the earliest opportunity that the decree referred to in the proviso to sub-section (1) of section 18 was obtained ex parte and that he intends to apply to the Civil Court to set it aside the Board may stay further proceedings for such time as it may consider necessary to enable the debtor to set aside the decree.",
"name": "Stay of proceedings before the Boards",
"related_acts": "",
"section_id": 34
},
{
"act_id": 169,
"details": "33. Except as provided in this Act, no Civil or Revenue Court shall entertain a suit, application or proceeding against the debtor in respect of- (a) \tany debt included in an application under section 8 or section 37A or in a statement under sub-section (1) of section 13, proceedings in connection with which are pending before a Board or an Appellate Officer or a District Judge or an Additional District Judge; or (b) \tany debt for which any amount is payable under an award, except in accordance with the provisions of sub-section (5) of section 29.",
"name": "Bar to suits and proceedings in Civil and Revenue Courts",
"related_acts": "",
"section_id": 35
},
{
"act_id": 169,
"details": "34. When an application under section 8 or a statement under sub-section (1) of section 13 includes any debt in respect of which a suit or other proceeding is pending before a Civil or Revenue Court, or when an Appellate Officer entertains an appeal or a District Judge or an Additional District Judge entertains an application for revision, relating to such a debt, the Board or the Appellate Officer or the District Judge or the Additional District Judge, as the case may be, shall give notice thereof to such court in the prescribed manner, and thereupon the suit or the proceeding shall be stayed until the Board has either dismissed the application in respect of such debt or made an award thereon or until the Appellate Officer has disposed of such appeal or the District Judge or the Additional District Judge has disposed of such application for revision, and if the Board or the Appellate Officer or the District Judge or the Additional District Judge includes any part of such debt in clause (d) of sub-section (1) of section 25 in the award or decides that the debt does not exist the suit or proceeding shall abate so far as it relates to such debt. Explanation.-For the purpose of this section an execution proceeding for the sale of any property shall be deemed to be pending and the debt in respect of which the sale takes place shall be deemed to exist until such sale becomes absolute.",
"name": "Stay and statement of suits and proceedings",
"related_acts": "",
"section_id": 36
},
{
"act_id": 169,
"details": "35. Notwithstanding anything contained in any Act, no decree of a Civil Court or certificate under the Public Demands Recovery Act, 1913 shall be executed- (i) \tfor the recovery of a debt included in an application under section 8 or under sub-section (2) of section 37A or in a statement under sub-section (1) of section 13, until- (a) \tthe application has been dismissed by the Board in respect of such debt; or (b) \tan award in which such debt is included has ceased to subsist under sub-section (5) of section 29; (ii) \texcept as provided in clause (a) of sub-section (1) of section 29, for the recovery of arrears of rent which became due from a debtor on or after the first day of January, 1940, or after the date of an application under section 8 in respect of his debts, unless notice of such decree or certificate has been given to the Board in the prescribed manner, and three months have elapsed since such notice was given; (iii) \tfor the recovery of any sum in respect of any loan other than a loan recoverable as a Public Demand incurred by a debtor on or after the first day of January, 1940, or after the date of an application under section 8 in respect of his debts, until all the amounts payable under the award have been paid or such award has ceased to subsist under sub-section (5) of section 29.",
"name": "Bar to execution of certain decrees and certificates",
"related_acts": "98",
"section_id": 37
},
{
"act_id": 169,
"details": "36. Notwithstanding anything contained in any Act, any decree of a Civil Court passed in regard to a debt after the date of an application under section 8 shall be treated as a nullity in so far as- (a) \tit is inconsistent with any order passed by a Board under sub-section (2) of section 13 regarding any debt or with any determination by the Board under section 18 of the principal and the arrears of interest of any debt included in a subsisting award; or (b) \tit relates to a debt the documents in respect of which being in the possession or under the control of the creditor have not been produced before the Board and marked by the Board as required by section 14 unless it is proved to the satisfaction of the Civil Court that there were sufficient reasons for non-production of the documents before the Board.",
"name": "Certain decrees to be treated as nullities",
"related_acts": "",
"section_id": 38
},
{
"act_id": 169,
"details": "37. After receipt of an application under section 8 the Board may attach the immovable property of the debtor in the prescribed manner and thereupon such property shall be deemed to be under attachment under the provisions of the Code of Civil Procedure, 1908, until such attachment is withdrawn or cancelled by the Board.",
"name": "Attachment of debtor's immovable property",
"related_acts": "86",
"section_id": 39
},
{
"act_id": 169,
"details": "1537A.(1) When any immovable property of any person has been sold after the twelfth day of August, 1935, in execution of a decree of a Civil Court or a certificate under the Public Demands Recovery Act, 1913 relating to a debt, other than a certificate for the recovery of any amount payable under an award, such person or his heir, executor or administrator may, notwithstanding anything contained in this Act or in any other law for the time being in force or in any agreement, apply for relief under this section, if the following conditions are fulfilled, namely:- (a) \tif, on the date of the sale, such person was a debtor, (b) \tif the sale was held- (i) \tbefore an appointment was made under sub-section (2) of section 3 in relation to the Board established for the local area within which such person ordinarily resided at the time of the sale, or (ii) \tnotwithstanding the issue by such Board of a notice under section 34, or (iii) \tbefore the commencement of the Agricultural Debtors (Amendment) Act, 1940, in the case of a debt for arrears of rent in respect of which such person was liable jointly with any other person, and (c) \tif the property sold was in the possession of the decree holder on or after the twentieth day of December, 1939, or was alienated by the decree-holder before that date in any manner otherwise than by (i) \ta bona fide gift by a heba whether by registered instrument or not, or (ii) \tany other bona fide gift by registered instrument, or (iii) \ta bona fide lease for valuable consideration whether by registered instrument or not, or (iv) \tany other bona fide transfer for valuable consideration (excepting a mortgage) by registered instrument. (2) The application referred to in sub-section (1) shall be made to the Board established for the local area within which the applicant ordinarily resides and within one year from the date of the commencement of the Agricultural Debtors (Amendment) Act, 1942, or from the date on which possession of the property was delivered to the decree-holder, whichever is later, notwithstanding that on the date of such application the period of eleven years from the establishment of the first Board in such local area has already expired; and the Board shall first determine whether the application fulfils the conditions specified in that sub-section and whether it can be entertained. (3) No Board shall entertain an application under sub-section (2) if such application relates to a debt in respect of which a Civil Court has previously entertained a suit instituted or an application made under the provisions of the 16* * * Money-lenders Act, 1940; and no Civil Court shall entertain a suit instituted or an application made under the provisions of that Act if such suit or application relates to a debt in respect of which a Board has previously entertained an application made under the provisions of this section. (4) If the Board decides that an application made under sub-section (2) fulfils the conditions specified in sub-section (1) and can be entertained by it, and if after an opportunity has been allowed in the manner prescribed, the applicant, the decree holder and the landlord of the applicant in respect of the property sold in the case where the decree-holder is not such landlord, or where the Board finds that the property sold is subject to any bona fide mortgage executed by the decree-holder before the twentieth day of December, 1939, the applicant, the decree-holder, such landlord and such mortgagee do not effect an amicable settlement of the debt within such period as the Board may allow, the Board shall, in such manner as may be prescribed, estimate the average annual gross receipts deemed to have been derivable from the property sold during the period beginning on the first day of January, 1934, and ending on the thirty-first day of December, 1938. (5) After making the estimate referred to in sub-section (4), the Board shall make an award directing the applicant- (a)\tto pay annually in cash to the decree-holder one-half of the value of such average annual gross receipts until the debt is extinguished or units twenty years have expired from the date of the award, whichever is earlier, and (b) \tin addition, to pay in cash together with each such annual payment as long as such payment continues any amount payable to the landlord of the applicant as current annual rent of the property sold: Provided that if the property sold is subject to any bona fide mortgage executed by the decree-holder before the twentieth day of December, 1939, the Board shall in the said award instead of directing the payment referred to in clause (a), direct (i) \tthat the applicant shall until the principal of the said mortgage, in so far as such principal does not exceed the debt referred to in clause (a) of sub-section (7), is paid off or until twenty years have expired from the date of the said award, whichever is earlier, pay to such mortgagee annually and in cash one-half of the value of the average annual gross receipts referred to in clause (a) of this sub-section, and (ii) \tthat the applicant shall, if after such principal of the said mortgage is paid off anything on account of the debt referred to in clause (a) of sub-section (7) is still outstanding and twenty years have not expired from the date of the said award, continue to pay the amount referred to in clause (a) of this sub-section to the decree-holder until the debt is extinguished or until twenty years have expired from the date of the said award, whichever is earlier: Explanation. For the purposes of this proviso any payment made to the mortgagee under clause (i) of this proviso shall be deemed to be made towards the debt referred to in clause (a) of sub-section (7). (6) The Board shall in the case where any improvement has been effected bona fide by the decree-holder before the twentieth day of December, 1939, by the erection of a building whether of masonry, bricks, stone or any other material whatsoever or by the construction of any tank or well on the property sold or on any portion thereof, allow compensation to the decree-holder for any loss caused to him by the restoration of the possession of such property to the debtor and shall, before making an award under sub-section (5), determine the amount of such compensation in the manner prescribed. (7) For the purposes of an award made under sub-section (5)- (a) \tthe debt shall be deemed to be- (i) \tthe amount of the decree or certificate in execution of which the property was sold together with all costs of such execution including the cost of delivery of possession of the property to the decree-holder calculated in the manner prescribed, and (ii) \tin addition, the compensation, if any, allowed under sub-section (6) and in the case of a decree or certificate for arrears of rent, the amount of the rent, if any, payable to the decree-holder in respect of the property between the date of the institution of the suit or the filing of the certificate and the date on which the decree-holder secured possession of the property, after deducting therefrom, in respect of each year during which the decree-holder remained in possession of the property, an amount equal to half the average annual gross receipts estimated under sub-section (4), and a proportionate amount in respect of any portion of any such year; and (b) \tin the case to which the proviso to sub-section (5) applies, the debt shall include so much of the principal of the mortgage referred to in that proviso as is payable under clause (i) of that proviso to the mortgagee; and after such an award has been made, the applicant shall be deemed to be a debtor. (8) The debtor may present a copy of the award made under sub-section (5) to the Civil Court or Certificate officer at whose order the property was sold, and such Court or Certificate officer shall thereupon direct that the sale be set aside, that the debtor together with any person who was in possession of the property sold or any part thereof at the time of delivery of possession of such property to the decree-holder as an under-raiyat of the debtor and who has been ejected therefrom by reason of such sale be restored to possession of the property with effect from the first day of Baisakh next following or the first day of Kartick next following, whichever is earlier, and that any person who is in possession of the property other than a person who was in possession of the property or part thereof as an under-raiyat of the debtor at the time of delivery of possession of such property to the decree-holder shall be ejected therefrom with effect from that date. (9) A debtor who has been restored to possession of any property under sub-section (8) shall not, so long as there remains unpaid any sum payable under an award made under sub-section (5) or until the expiration of twenty years from the date of such award, whichever is earlier, alienate by sale, lease, gift or other form of transfer, or create any charge upon, such property or any portion thereof and, notwithstanding anything contained in any other law, any alienation or charge so made shall be void and of no effect. (10) The provisions of sections 28 and 29 shall, so far as may be, be applicable in the case where the debtor fails to pay by the date fixed any sum payable under an award made under sub-section (5). (11) When the debt is extinguished, or when twenty years have expired from the date of the award made under sub-section (5), or when such award ceases to subsist under sub-section (5) of section 29, whichever is earlier, the decree or certificate in execution of which the property was sold shall be deemed to have been fully satisfied. (12) In this section the expression \"decree-holder\" includes the certificate-holder and any person to whom any interest in the decree or certificate is transferred by assignment in writing or by operation of law.",
"name": "Applications for restoration to possession of immovable property sold in execution of decrees or certificates for debt",
"related_acts": "98",
"section_id": 40
},
{
"act_id": 169,
"details": "38. No appeal or application for revision shall lie against any decision or order of or award by a Board except as provided in this Act.",
"name": "Bar to appeal or revision",
"related_acts": "",
"section_id": 41
},
{
"act_id": 169,
"details": "39.(1) The Government may authorise the Collector, subject to rules made under this Act, to transfer from one Board to another, for disposal, applications made under section 8. (2) A Board to which an application is transferred under sub-section (1) may continue the proceedings in connection with the application from the stage which has been reached when the application is transferred.",
"name": "Transfer of applications from one Board to another",
"related_acts": "",
"section_id": 42
},
{
"act_id": 169,
"details": "40.(1) An appeal may be made in the prescribed manner to an Appellate Officer to be appointed by the Government against- (a)\tany decision or order of a Board under this Act or of a Certificate-officer under sub-section (2) of section 28 or section 29, (b) \tany award, (c) \tthe grant of a certificate under section 21, or (d) \tany failure of the part of a Board to perform its functions under this Act or any abuse by a Board of its powers: Provided that an appeal against any order under section 21, section 22 or section 29, and no other appeal shall be made to an Appellate Officer appointed under this section who has had such judicial experience as may be prescribed. (2) An appeal under sub-section (1) shall lie if made within thirty days of the date of the decision, order, award or certificate referred to in that sub-section. (3) The Government may make rules regarding the procedure to be followed by the Appellate Officer, and for the control and inspection of his work. (4) The Appellate Officer may after giving the appellant an opportunity of being heard reject an appeal summarily if he considers that there is no sufficient ground for interfering. 17(4A) The Appellate Officer may stay any order directing the restoration of possession of immovable property to a debtor under clause (c) of sub-section (1) of section 19 pending the disposal of an appeal preferred to him against such order. (5) If the Appellate Officer does not reject the appeal summarily, he shall hear the parties, if they appear, and consider any reasons which the Board may submit in regard to the grounds of such appeal, and may then either confirm or modify the decision of order of the Board or direct the Board to take such action as he thinks fit. (6) Subject to the provisions of section 40A the orders of the Appellate Officer shall be final. (7) An appeal for the purpose of this section includes an application for revision. (8) No appeal shall lie against a decision or order passed by a Board with the consent of the debtor and the creditor.",
"name": "Appeals",
"related_acts": "",
"section_id": 43
},
{
"act_id": 169,
"details": "1840A. (1) An application may be made in the prescribed manner for revision by the district Judge of an order made by an Appellate Officer. (2) An application under sub-section (1) shall lie if made within thirty days of the date of the order referred to in that sub-section. (3) Every such application shall be made to the Appellate Officer who shall forward to the District Judge the record of the case, the application and any explanation which he may desire to offer in respect of the application. (4) The District Judge shall consider such papers as may be forwarded to him by the Appellate Officer, but shall not hear the parties or any person appearing on their behalf. (5) If the District Judge does not reject the application, he may, if he is satisfied that there has been a substantial failure of justice by reason of any illegality or irregularity contained in the order of the Appellate Officer, or for any other sufficient cause either modify or reverse the order or any portion there of: Provided that the District Judge may transfer to an Additional District Judge subordinate to him any papers forwarded to him by an Appellate Officer under sub-section (3) and such Additional District Judge shall in respect of the Applications so transferred exercise the same powers and perform the same duties as those respectively conferred and imposed upon the District Judge under this section.",
"name": "Revision",
"related_acts": "",
"section_id": 44
},
{
"act_id": 169,
"details": "41. Omitted by section 22 of the Bengal Agricultural Debtors (Amendment) Act, 1940 (Act No. VIII of 1940).",
"name": "Omitted",
"related_acts": "",
"section_id": 45
},
{
"act_id": 169,
"details": "42. Subject to rules made under this Act, a Board may, if it thinks necessary, make a reference to the Appellate Officer stating the question upon which his opinion, advice or direction is required and the Appellate Officer shall give his opinion, advice or direction, as the case may be, thereon as soon as possible.",
"name": "Reference to Appellate Officer",
"related_acts": "",
"section_id": 46
},
{
"act_id": 169,
"details": "43.(1) A Board shall, in all proceedings under this Act, be subject to the control of the Government. (2) Any person appointed by the Government in this behalf may inspect or cause to be inspected any property, books or documents in the possession or under the control of the Board and require the Board to furnish such statements, accounts, reports, copies of documents or such other information relating to the proceedings and duties of the Board, as he thinks fit to call for.",
"name": "Control over Board",
"related_acts": "",
"section_id": 47
},
{
"act_id": 169,
"details": "44. Subject to any rules made under this Act- (a) \ta Board may, on an application made by any person interested or of its own motion, review any decision or order passed by it and pass such order in reference thereto as thinks fit; (b) \tan Appellate Officer may, on an application made by any person interested or of his own motion, review any decision or order passed by him or his predecessor and pass such order in reference thereto as he thinks fit: Provided that no order shall be varied or reversed unless an opportunity has been given to the persons interested to appear and be heard in support of such order.",
"name": "Power of Board to review its order",
"related_acts": "",
"section_id": 48
},
{
"act_id": 169,
"details": "45.(1) Except as otherwise provided in this Act, the provisions of- (a) \tthe Evidence Act, 1872, and (b) \tthe Code of Civil Procedure, 1908, shall not apply to any proceedings before a Board. (2) The procedure to be followed by a Board in any proceedings before it shall, subject to the provisions of this Act, be in accordance with rules prescribed under this Act.",
"name": "Certain Acts not to apply to the proceedings under this Act",
"related_acts": "24,86",
"section_id": 49
},
{
"act_id": 169,
"details": "46.(1) Subject to any rules made under this Act, no legal practitioner 19* * * shall represent any party in any proceedings before a Board, nor shall any other agent, without the permission of the Board, represent any party in any such proceedings. (2) Notwithstanding anything contained in sub-section (1) no person whose name is included in a list of touts prepared and published under sub-section (1) of section 46A shall be permitted to appear as an agent of any party before a Board.",
"name": "Representation of a party before a Board",
"related_acts": "",
"section_id": 50
},
{
"act_id": 169,
"details": "46B. A Board may report to the Sub-divisional Magistrate the name of any person alleged or suspected to be a tout for inclusion in the list referred to in sub-section (1) of section 46A, and the Sub-divisional Magistrate may take such action on the report as he thinks fit.",
"name": "Report to Sub-divisional Magistrate against suspected touts",
"related_acts": "",
"section_id": 51
},
{
"act_id": 169,
"details": "46C. A copy of a list of touts referred to in sub-section (1) of section 46A shall be kept hung up in the office of every Board in the subdivision to which the same relates.",
"name": "Hanging up of lists of touts in Board's offices",
"related_acts": "",
"section_id": 52
},
{
"act_id": 169,
"details": "46D. Every person whose name is included in a list of touts referred to in sub-section (1) of section 46A, if found within the precincts of the office of any Board without a written permission from that Board, shall be deemed to be acting as a tout for the purposes of section 46F: Provided that this section shall not apply where such person is a party to a proceeding before such Board or has been directed to appear by any process of such Board.",
"name": "Presumption as to touts",
"related_acts": "",
"section_id": 53
},
{
"act_id": 169,
"details": "46E. Any Board may make a complaint in writing to the Sub-divisional Magistrate regarding any person included in a list of touts referred to in sub-section (1) of section 46A, who enters or is found within the precincts of the office of such Board, and the Sub-divisional Magistrate may thereupon take such action as he thinks fit.",
"name": "Complaint to Sub-divisional Magistrate against touts found within precincts of Board's office",
"related_acts": "",
"section_id": 54
},
{
"act_id": 169,
"details": "46F. Any person who acts as a tout whilst his name is included in a list of touts referred to in sub-section (1) of section 46A shall be punishable with imprisonment for a term which may extent to three months, or with fine which may extend to five hundred Taka or with both.",
"name": "Penalty",
"related_acts": "",
"section_id": 55
},
{
"act_id": 169,
"details": "2046A.(1) Every Sub divisional Magistrate may, as regards the Boards within his own jurisdiction, frame and publish lists of persons proved to his satisfaction, by evidence of general repute or otherwise, to be touts, and may, from time to time, alter and amend such lists. (2) No person's name shall be included in any such list until he shall have had an opportunity of showing cause against such inclusion. (3) Where the name of any person is included in a list framed and published under this section, such person may, within thirty days of the publication of the list in which his name first appears, apply in writing to the District Magistrate for the removal of his name from such list; and the orders of the District Magistrate, passed after such inquiry (if any) as he considers necessary, on such application shall be final.",
"name": "Power to frame and publish lists of touts",
"related_acts": "",
"section_id": 56
},
{
"act_id": 169,
"details": "47.(1) Every award and every certificate granted under section 21 or sub-section (5) of section 22, shall be registered under the Registration Act, 1908, by the Chairman of the Board in such manner and within such period as may be prescribed. (2) For the purpose of the registration under sub-section (1) of an award of a certificate the Chairman shall be deemed to be an officer of Government empowered to execute such instrument within the meaning of section 88 of the Registration Act, 1908.",
"name": "Registration of awards and certificates",
"related_acts": "90,90",
"section_id": 57
},
{
"act_id": 169,
"details": "48. A copy of any order made by a Board under sub-section (2) of section 13, and a copy of any award shall be published in such manner as may be prescribed by the Government.",
"name": "Publication of orders and awards",
"related_acts": "",
"section_id": 58
},
{
"act_id": 169,
"details": "49. The Chairman and the other members of a Board shall be deemed to be public servants within the meaning of the 21Penal Code.",
"name": "Chairman and member of Boards deemed to be public servants",
"related_acts": "",
"section_id": 59
},
{
"act_id": 169,
"details": "50. All proceedings under this Act shall be deemed to be judicial proceedings within the meaning of section 228 of the 22Penal Code.",
"name": "Proceedings deemed to be judicial proceedings",
"related_acts": "",
"section_id": 60
},
{
"act_id": 169,
"details": "51. No suit, prosecution or legal proceeding whatever shall lie against any Chairman or other member of a Board Appellate Officer or Certificate-officer in respect of anything in good faith done or intended to be done under this Act.",
"name": "Indemnity",
"related_acts": "",
"section_id": 61
},
{
"act_id": 169,
"details": "52. Notwithstanding anything contained in any other Act, when the period of limitation is calculated for any application, suit or appeal regarding a debt which has been the subject of any proceedings under this Act, the time during which such proceedings continued and the time during which person interested in such debt was debarred by any provision of this Act from making or instituting the application, suit or appeal, or executing the decree in question, as the case may be, shall be excluded.",
"name": "Extension of period of limitation",
"related_acts": "",
"section_id": 62
},
{
"act_id": 169,
"details": "53. The right to receive any amount payable under an award shall be assignable in the prescribed manner.",
"name": "Negotiability of awarded amounts",
"related_acts": "",
"section_id": 63
},
{
"act_id": 169,
"details": "54.(1) Whoever- (a)\tIntentionally makes any false statement in writing or makes any false statement which has been recorded whether on oath or not before any Board or an Appellate Officer, in any proceeding under this Act; (b)\tIntentionally produces before a Board any false copy or translation of a document; (c)\tfalsely personates another and in such assumed character produces any document or makes any admission or statement or does any other act in any proceeding under this Act; or (d)\tabets any act punishable under this section; shall, on conviction, be liable to imprisonment for a term which may extend to three years or to fine or to both. (2) No prosecution for any offence under this section may be commenced except by, or with the permission of, the Collector.",
"name": "Penalties",
"related_acts": "",
"section_id": 64
},
{
"act_id": 169,
"details": "55.(1) The Government may make rules for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power the Government may make rules to provide for all or any following matters, namely:- (a) \tthe maximum amount of debt which can be dealt with under the provisions of this Act; (b) \tthe fees to be paid for anything done under this Act and the persons by whom and the manner in which such fees shall be paid; (c) \tthe allowances, if any, to be paid to the Appellate Officer, the Chairman and other members of a Board; (d) \tthe office establishment of a Board, the pay, allowances and conditions of service of such establishment; (e) \tthe procedure of a Board, and the quorum for a meeting of a Board; (f) \tthe forms of application under section 8, of statements of debt under section 11, of awards, of certificates under section 21, of requisitions under sub-section (2) of section 22, and of certificates of discharge under sub-section (5) of section 22; (g) \tthe transfer of applications under sub-section (3) of section 8 or sub-section (1) of section 39 and disposal of applications under sub-section (3) of section 8; (h) \tthe manner of signing and verification of applications under section 8; (i) \tthe manner of giving notice under sub-section (2) of section 12, sub-section (1) of section 13, section 13A, sub-section (2) of section 19A and sub-section (2) of section 25; (j) \tthe marking of original documents produced under sub-section (2) of section 14; (k) \tthe amicable settlement by a Board of debts under section 15; (l) \tthe summoning and examination by a Board of parties and their witnesses, and the production of documents, under sub-section (1) of section 16; (m) \tthe determination by a Board under sub-section (2) of section 18 of the amount of the principal of a debt and the amount of interest due thereon; 23(ma)\tthe preparation of accounts of receipts and expenses of a creditor under sub-section (5) of section 18; (mb) \tthe calculation of the money value of principal or interest referred to in sub-section (6) of section 18; (n) \tthe settlement of debts by a Board under section 19; (o) \tthe grant of a certificate under section 21; (p) \tthe declaration by a Board under sub-section (1) of section 22 that a debtor is insolvent, the sale of his property and the reduction of his debts; (q) \tthe determination of a portion of the immovable property of a debtor as his dwelling house under sub-section (1) of section 24; (r) \tthe movable property of an insolvent debtor which shall be exempt under sub-section (3) of section 24 from sale; (s) \tthe order of payment of the amount referred to in clause (d) of sub-section (1) of section 25; (t) \tthe period within which an application under sub-section (3) of section 13 and sub-section (1) of section 28 shall be made; (u) \tthe grant of time under sub-section (2) of section 28 for payment of the amount due; (v) \tthe distribution of sale-proceeds and the proceedings of a Certificate-officer under section 29; (w) \tthe authorities whose approval is required under section 31; (x) \tthe manner of giving notice under section 34 and under section 35; (y) \tthe manner of attachment of immovable property under section 37; 24(ya) \tthe forms of application under sub-section (2) of section 37A, and the manner of making the estimate referred to in sub-section (4) of that section; (yb) \tthe manner in which an opportunity shall be allowed to effect an amicable settlement under sub-section(4) of section 37A; (yc) \tthe manner in which the amount of compensation shall be determined under sub-section 6 of section 37A; (yd) \tthe manner of calculation of costs referred to in sub-clause(i) of clause(a) of sub-section (7) of section 37A; (z) \tthe transfer and disposal of applications under section 39; (za) \tthe manner of making an appeal under sub-section (1) of section 40; (zb) \tthe judicial experience required in the case of certain Appellate Officer under proviso to sub-section (1) of section 40; (zc) \tthe procedure of an Appellate Officer and the control and inspection of his work under sub-section (3) of section 40; (zd) \tthe manner of review under section 44 of a decision or order passed by a Board or an Appellate Officer; (ze) \tthe representation of a party in proceedings before a Board; (zf) \tthe manner in which and the period within which awards and certificates shall be registered under sub-section (1) of section 47; (zg) \tthe publication under section 48 of awards and of certain orders; (zh) \tthe manner assignment of an award under section 53. (3) The power of making rules conferred by clause of sub-section (2) is subject to the condition that the rules be made after previous publication.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 65
},
{
"act_id": 169,
"details": "56. In making any rule under this Act the Government may direct that a breach thereof shall be punishable with fine which may extend to fifty-Taka and, where the breach is a continuing one, with further fine which may extend to ten Taka for everyday after the first during which the breach continues.",
"name": "Penalty or breach of rules",
"related_acts": "",
"section_id": 66
},
{
"act_id": 169,
"details": "57. The fees which may be prescribed under clause (b) of sub-section (2) of section 55 for an order of determination under sub-section (2) of section 18 and which have not been paid by the date fixed by the Board shall be recoverable as public demands payable to the Collector.",
"name": "Certain fees recoverable as public demands",
"related_acts": "",
"section_id": 67
}
],
"text": "♣An Act to provide for relief of indebtedness of agricultural debtors in Bangladesh. WHEREAS it is expedient to provide for the relief of indebtedness of agricultural debtors and to amend the law governing the relations between agricultural debtors and their creditors; * * * It is hereby enacted as follows:-"
} |
{
"id": 170,
"lower_text": [
"1 The word “Bangladesh” was substituted for the word “Pakistan” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The words, “Penal Code” were substituted for the words, “Pakistan Penal Code” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The word “Government” was substituted for the word “Central Government” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"4 The word “Taka” was substituted for the word “rupees” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"5 The word “Government” was substituted for the word “Central Government” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Agricultural Produce (Grading and Marking) Act, 1937",
"num_of_sections": 6,
"published_date": "24th February, 1937",
"related_act": [
170,
430
],
"repelled": false,
"sections": [
{
"act_id": 170,
"details": "1. (1) This Act may be called the Agricultural Produce (Grading and Marking) Act, 1937. (2) It extends to the whole of 1Bangladesh.",
"name": "Short title and extent",
"related_acts": "170",
"section_id": 1
},
{
"act_id": 170,
"details": "2. In this Act, unless the contrary appears from the subject or context,- (a)\t“agricultural produce” includes all produce of agriculture or horticulture and all articles of food or drink wholly or partly manufactured from any such produce, and fleeces and the skins of animals; (b)\t“counterfeit” has the meaning assigned to that word by section 28 of the 2Penal Code; (c)\t“covering” includes any vessel, box, crate, wrapper, tray or other container; (d)\t“grade designation” means a designation prescribed as indicative of the quality of any scheduled articles; (e)\t“grade designation mark” means a mark prescribed as representing a particular grade designation; (f)\t“quality”, in relation to any article, includes the state and condition of the article; (g)\t“prescribed” means prescribed by rules made under this Act; (h)\t“scheduled article” means an article included in the Schedule; and (i) \tan article is said to be marked with a grade designation mark, if the article itself is marked with a grade designation mark or any covering containing or label attached to such article is so marked.",
"name": "Explanations",
"related_acts": "",
"section_id": 2
},
{
"act_id": 170,
"details": "3. The 3Government may, after previous publication by notification in the official Gazette, make rules- (a)\tfixing grade designations to indicate the quality of any scheduled article; (b) \tdefining the quality indicated by every grade designation; (c)\tspecifying grade designation marks to represent particular grade designations; (d)\tauthorising a person or a body of persons, subject to any prescribed conditions, to mark with a grade designation mark any article in respect of which such mark has been prescribed or any covering containing or label attached to any such article; (e) \tspecifying the conditions referred to in clause (d) including in respect of any article conditions as to the manner of marking, the manner in which the article shall be packed, the type of covering to be used, and the quantity by weight, number or otherwise to be included in each covering; (f)\tproviding for the payment of any expenses incurred in connection with the manufacture or use of any implement necessary for the reproduction of a grade designation mark or with the manufacture or use of any covering or label marked with a grade designation mark or with measures for the control of the quality of articles marked with grade designation marks including testing of samples and inspection of such articles or with any publicity work carried out to promote the sale of any class of such articles; and (g) \tproviding for the confiscation and disposal of produce marked otherwise than in accordance with the prescribed conditions with a grade designation mark.",
"name": "Prescription of grade designations",
"related_acts": "",
"section_id": 3
},
{
"act_id": 170,
"details": "4. Whoever marks any scheduled article with a grade designation mark, not being authorised to do so by rule made under section 3, shall be punishable with fine which may extend to five hundred 4Taka.",
"name": "Penalty for unauthorised marking with grade designation mark",
"related_acts": "",
"section_id": 4
},
{
"act_id": 170,
"details": "5. Whoever counterfeits any grade designation mark or has in his possession any die, plate or other instrument for the purpose of counterfeiting a grade designation mark shall be punishable with imprisonment which may extend to two years, or with fine, or with both.",
"name": "Penalty for counterfeiting grade designation mark",
"related_acts": "",
"section_id": 5
},
{
"act_id": 170,
"details": "6. The 5Government, after such consultation as it thinks fit of the interests likely to be affected, may by notification in the official Gazette declare that the provisions of this Act shall apply to an article of agricultural produce not included in the Schedule or to an article other than an article of agricultural produce, and on the publication of such notification such article shall be deemed to be included in the Schedule.",
"name": "Extension of application of Act",
"related_acts": "",
"section_id": 6
}
],
"text": "An Act to provide for the grading and marking of agricultural and other produce. WHEREAS it is expedient to provide for the grading and marking of Agricultural and other produce; It is hereby enacted as follows:-"
} |
{
"id": 171,
"lower_text": [
"1 The word “Bangladesh” was substituted for the word “Pakistan” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Hindu Women's Rights to Property Act, 1937",
"num_of_sections": 5,
"published_date": "14th April, 1937",
"related_act": [
138,
171,
430
],
"repelled": false,
"sections": [
{
"act_id": 171,
"details": "1. (1) This Act may be called the Hindu Women's Rights to Property Act, 1937. (2) \tIt extends to the whole of 1Bangladesh.",
"name": "Short title and extent",
"related_acts": "171",
"section_id": 1
},
{
"act_id": 171,
"details": "2. Notwithstanding any rule of Hindu Law or custom to the contrary, the provisions of section 3 shall apply where a Hindu dies intestate leaving a widow.",
"name": "Application",
"related_acts": "",
"section_id": 2
},
{
"act_id": 171,
"details": "3. (1) When a Hindu governed by the Dayabhag School of Hindu Law dies intestate leaving any property, and when a Hindu governed by any other school of Hindu Law or by customary law dies intestate leaving separate property, his widow, or if there is more than one widow all his widows together, shall, subject to the provisions of sub-section (3), be entitled in respect of property in respect of which he dies intestate to the same share as a son: Provided that the widow of a predeceased son shall inherit in like manner as a son if there is no son surviving of such predeceased son, and shall inherit in like manner as a son's son if there is surviving a son or son's son of such predeceased son: Provided further that the same provision shall apply mutatis mutandis to the widow of a predeceased son of a predeceased son. (2) \tWhen a Hindu governed by any school of Hindu Law other than the Dayabhag School or by customary law dies having at the time of his death an interest in a Hindu joint family property, his widow shall, subject to the provisions of sub-section (3), have in the property the same interest as he himself had. (3) \tAny interest devolving on a Hindu widow under the provisions of this section shall be the limited interest known as a Hindu Woman's estate, provided however that she shall have the same right of claiming partition as a male owner. (4) \tThe provisions of this section shall not apply to an estate which by a customary or other rule of succession or by the terms of the grant applicable thereto descends to a single heir or to any property to which the Succession Act, 1925, applies.",
"name": "Devolution of property",
"related_acts": "138",
"section_id": 3
},
{
"act_id": 171,
"details": "4. Nothing in this Act shall apply to the property of any Hindu dying intestate before the commencement of this Act.",
"name": "Savings",
"related_acts": "",
"section_id": 4
},
{
"act_id": 171,
"details": "5. For the purposes of this Act, a person shall be deemed to die intestate in respect of all property of which he has not made a testamentary disposition which is capable of taking effect.",
"name": "Meaning of expression “die intestate”",
"related_acts": "",
"section_id": 5
}
],
"text": "An Act to amend the Hindu Law governing Hindu Women’s Rights to Property. WHEREAS it is expedient to amend the Hindu Law to give better rights to women in respect of property; It is hereby enacted as follows:-"
} |
{
"id": 172,
"lower_text": [
"1 The word “Bangladesh” was substituted for the word “Pakistan” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The word “Bangladesh” was substituted for the word “Pakistan” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Arya Marriage Validation Act, 1937",
"num_of_sections": 2,
"published_date": "14th April, 1937",
"related_act": [
172,
430
],
"repelled": false,
"sections": [
{
"act_id": 172,
"details": "1. (1) This Act may be called the Arya Marriage Validation Act, 1937. (2) It extends to the whole of 1Bangladesh and applies also to all citizens of 2Bangladesh wherever they may be.",
"name": "Short title and extent",
"related_acts": "172",
"section_id": 1
},
{
"act_id": 172,
"details": "2. Notwithstanding any provision of Hindu Law, usage or custom to the contrary, no marriage contracted whether before or after the commencement of this Act between two persons being at the time of the marriage Arya Samajists shall be invalid or shall be deemed ever to have been invalid by reason only of the fact that the parties at any time belonged to different castes or different sub-castes of Hindus or that either or both of the parties at any time before the marriage belonged to a religion other than Hinduism.",
"name": "Marriage between Arya Samajists not to be invalid",
"related_acts": "",
"section_id": 2
}
],
"text": "An Act to recognise and remove doubts as to the validity of inter-marriages current among Arya Samajists. WHEREAS it is expedient to recognise and place beyond doubt the validity of inter-marriages of a class of Hindus known as Arya Samajists; It is hereby enacted as follows:-"
} |
{
"id": 173,
"lower_text": [
"1 Sub-section (2) was substituted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Muslim Personal Law (Shariat) Application Act, 1937",
"num_of_sections": 6,
"published_date": "7th October, 1937",
"related_act": [
26,
180,
173,
430
],
"repelled": false,
"sections": [
{
"act_id": 173,
"details": "1. (1) This Act may be called the Muslim Personal Law (Shariat) Application Act, 1937. 1(2) It extends to the whole of Bangladesh.",
"name": "Short title and extent",
"related_acts": "173",
"section_id": 1
},
{
"act_id": 173,
"details": "2. Notwithstanding any custom or usage to the contrary, in all questions (save questions relating to agricultural land) regarding intestate succession, special property of females, including personal property inherited or obtained under contract or gift or any other provision of Personal Law, marriage, dissolution of marriage, including talaq, ila, zihar, lian, khula and mubaraat, maintenance, dower, guardianship, gifts, trusts and trust properties, and waqfs (other than charities and charitable institutions and charitable and religious endowments) the rule of decision in cases where the parties are Muslims shall be the Muslim Personal Law (Shariat).",
"name": "Application of Personal Law to Muslims",
"related_acts": "",
"section_id": 2
},
{
"act_id": 173,
"details": "3. (1) Any person who satisfies the prescribed authority- (a)\tthat he is a Muslim, and (b)\tthat he is competent to contract within the meaning of section 11 of the Contract Act, 1872, and (c)\tthat he is a resident of Bangladesh, may by declaration in the prescribed form and filed before the prescribed authority declare that he desires to obtain the benefit of the provisions of this section, and thereafter the provisions of section 2 shall apply to the declarant and all his minor children and their descendants as if in addition to the matters enumerated therein adoption, wills and legacies were also specified. (2) \tWhere the prescribed authority refuses to accept a declaration under sub-section (1), the person desiring to make the same may appeal to such officer as the Government may, by general or special order, appoint in this behalf, and such officer may, if he is satisfied that the appellant is entitled to make the declaration, order the prescribed authority to accept the same.",
"name": "Power to make a declaration",
"related_acts": "26",
"section_id": 3
},
{
"act_id": 173,
"details": "4. (1) The Government may make rules to carry into effect the purposes of this Act. (2) \tIn particular and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:- (a)\tfor prescribing the authority before whom and the form in which declarations under this Act shall be made; (b)\tfor prescribing the fees to be paid for the filing of declarations and for the attendance at private residences of any person in the discharge of his duties under this Act; and for prescribing the times at which such fees shall be payable and the manner in which they shall be levied. (3) \tRules made under the provisions of this section shall be published in the official Gazette and shall thereupon have effect as if enacted in this Act.",
"name": "Rule-making power",
"related_acts": "",
"section_id": 4
},
{
"act_id": 173,
"details": "5. Dissolution of marriage by Court in certain circumstance.- Repealed by section 6 of the Dissolution of Muslim Marriages Act, 1939 (Act No. VIII of 1939).",
"name": "Repeated",
"related_acts": "180",
"section_id": 5
},
{
"act_id": 173,
"details": "6. Repeals.- Omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 6
}
],
"text": "An Act to make provision for the application of the Muslim Personal Law (Shariat) to Muslims in Bangladesh.♣ WHEREAS it is expedient to make provision for the application of the Muslim Personal Law (Shariat) to Muslims in Bangladesh; It is hereby enacted as follows:-"
} |
{
"id": 174,
"lower_text": [
"1 Throughout this Act, the words “Bangladesh”, “Government” and “Taka” were substituted for the words “East Pakistan”, “Provincial Government” or “Province” or “the Province” and “rupees” respectively by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The word “Bengal” was omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The comma and words “, except the district of Sylhet” were omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"4 The words “or in the securities of the Central Government” were omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"5 The word “Parliament” was substituted for the words “East Pakistan Provincial Assembly”, by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"6 The words “of the Province” were omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Famine Insurance Fund Act, 1937 (Bengal Act)",
"num_of_sections": 9,
"published_date": "5th May, 1938",
"related_act": [
430
],
"repelled": false,
"sections": [
{
"act_id": 174,
"details": "1. This Act may be called the 2* * * Famine Insurance Fund Act, 1937.",
"name": "Short title",
"related_acts": "",
"section_id": 1
},
{
"act_id": 174,
"details": "2. In this Act, unless there is anything repugnant in the subject or context, “Fund” means the Bangladesh, Famine Insurance Fund established under section 3.",
"name": "Definition",
"related_acts": "",
"section_id": 2
},
{
"act_id": 174,
"details": "3. On the commencement of this Act, the Government shall establish in and for Bangladesh 3* * * a Fund, called the Bangladesh Famine Insurance Fund. The Fund shall consist of - (i)\tthe contribution by the Government under section 4; (ii)\tsuch other sums as the Government may contribute to the Fund under section 7; and (iii)\tthe interest which may from time to time accrue on the securities in which the sums to the credit of the Fund may be invested or re-invested under section 6.",
"name": "Establishment of the Bangladesh Famine Insurance Fund",
"related_acts": "",
"section_id": 3
},
{
"act_id": 174,
"details": "4. As soon as may be after the commencement of this Act, the Government, shall, for the purpose of the establishment of the Fund, make an initial contribution to the Fund, of the sum of ten lakhs of Taka.",
"name": "Initial contribution to the Famine Insurance Fund by Government",
"related_acts": "",
"section_id": 4
},
{
"act_id": 174,
"details": "5. Expenditure from the Fund shall not be incurred except upon the relief of famine and the relief of distress caused by serious drought, flood, earthquake or other natural calamities: Provided that, if at any time, the total amount of the Fund exceeds twelve lakhs of Taka the Government may utilise such excess to meet expenditure on protective irrigation works and other works for the prevention of famine or flood or to pay debt charges for which the Government may from time to time be liable, including interest, sinking fund charges and redemption charges.",
"name": "Purposes for which the Fund may be utilised",
"related_acts": "",
"section_id": 5
},
{
"act_id": 174,
"details": "6. The Government shall from time to time invest or re-invest in its own securities 4* * * all sums to the credit of the Fund, which may not be immediately required for any of the purposes mentioned in section 5.",
"name": "Investment and re-investment of amount not required.",
"related_acts": "",
"section_id": 6
},
{
"act_id": 174,
"details": "7. (1) The Accounts of the Fund shall be made up at the end of each financial year, the securities, if any, belonging to the Fund, being valued at their market value on the last day of such year and an abstract of such Accounts shall be placed before 5Parliament every year along with the annual financial statement 6* * *. (2) If the Accounts so made up in respect of any year show that the balance at the credit of the Fund falls short of twelve lakhs of Taka the deficiency shall be made up by contribution from the revenues of the Government: Provided that if the deficiency exceeds two lakhs of Taka, it may be made up in annual instalments, the amount of each instalment except the last being not less than two lakhs of Taka.",
"name": "Accounts of the Fund and making up of the deficiency in the Fund",
"related_acts": "",
"section_id": 7
},
{
"act_id": 174,
"details": "8. All contributions made under this Act to the Fund are hereby declared to be expenditure charged upon the revenues of Government.",
"name": "Contributions under the Act to be charged upon the revenues of Government",
"related_acts": "",
"section_id": 8
},
{
"act_id": 174,
"details": "9. The Government may make rules, consistent with this Act, for the purpose of giving effect to the provisions of this Act.",
"name": "Power of Government to make rules",
"related_acts": "",
"section_id": 9
}
],
"text": "An Act to provide for the establishment and maintenance in Bangladesh of a Fund called the Bangladesh Famine Insurance Fund for expenditure upon relief of, and insurance against, famine and distress caused by serious drought, flood, earthquake or other natural calamities.1♣ WHEREAS it is expedient to provide for the establishment and maintenance in Bangladesh of a Fund for expenditure upon relief of, and insurance against, famine and distress caused by serious drought, flood, earthquake, or other natural calamities; It is hereby enacted as follows:-"
} |
{
"id": 175,
"lower_text": [
"1 Clause (2) was renumbered as clause (13D) by section 2 of the Insurance (Amendment) Act, 1958 (Act No. XXVII of 1958) and has been inserted after clause (13C) of this law",
"2 Clause (3) was substituted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 Clause (3A) was originally inserted by section 2 of the Insurance (Amendment) Act, 1953 (Act No. XI of 1953) and substituted by section 2 of the Insurance (Amendment) Ordinance, 1961 (Ordinance No. XXXIII of 1961)",
"4 Clauses (5A) and (5B) were inserted by section 2 of the Insurance (Amendment) Act, 1958 (Act No. XXVII of 1958)",
"5 Clauses (6A), (6B) and (6C) were inserted by section 2 of the Insurance (Amendment) Act, 1958 (Act No. XXVII of 1958)",
"6 Clause (7A) was inserted by section 2 of the Insurance (Amendment) Act, 1993 (Act No. XII of 1993)",
"7 Clause (8A) was inserted by section 2 of the Insurance (Amendment) Act, 1958 (Act No. XXVII of 1958)",
"8 The word “and” was omitted by section 2 of the Insurance (Amendment) Act, 1990 (Act No. XXVI of 1990)",
"9 Sub-clause (d) was added by section 2 of the Insurance (Amendment) Act, 1990 (Act No. XXVI of 1990)",
"10 Clauses (13A), (13B) and (13C) were inserted by section 2 of the Insurance (Amendment) Act, 1958 (Act No. XXVII of 1958)",
"11 Clause (13AA) was inserted by section 2 of the Insurance (Amendment) Ordinance, 1970 (Act No. XXV of 1970)",
"12 The words, brackets, figures and commas “clause (6B), excluding sub-clause (d) of clause (11) and clause (13A)” were substituted for the words, brackets, figures and comma “clauses (6B), (11) and 13(A)” by section 2 of the Insurance (Amendment) Act, 1993 (Act No. XII of 1993)",
"13 Clause (13C) was omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"14 The original clause (2) was renumbered as clause (13D) and has been inserted after clause (13C) accordingly by section 2 of the Insurance (Amendment) Act, 1958 (Act No. XXVII of 1958).",
"15 Clauses (14A) and (14B) were inserted by section 2 of the Insurance (Amendment) Act, 1958 (Act No. XXVII of 1958)",
"16 Clause (15) was substituted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"17 Sections 2A and 2B were inserted by section 2A of the Insurance (Amendment) Act, 1939 (Act No. XI of 1939)",
"18 Section 2C was inserted by section 3 of the Insurance (Amendment) Act, 1958 (Act No. XXVII of 1958)",
"19 The word “any” was substituted for the words, commas and figure “the Co-operative Societies Act, 1912, or under any other” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"20 Sub-section (1A) was inserted by section 2 of the Insurance (Amendment) Ordinance, 1984 (Ordinance No. L of 1984)",
"21 The words, brackets, letters and figures “specified in clause (c) of sub-section (1) of section 2C or to any Provident Society or Mutual Insurance Company” were omitted by section 3 of the Insurance (Amendment) Act, 1990 (Act No. XXVI of 1990)",
"22 The words “five lakh Taka” were substituted for the words “ten thousand Taka” by section 2 of the Insurance (Amendment) Act, 2004 (Act No. IV of 2004)",
"23 Sub-sections (5A) to (5D) were inserted by section 3 of the Insurance (Amendment) Act, 1940 (Act No. XX of 1940)",
"24 The words “five hundred Taka” were substituted for the words “twenty-five Taka” by section 2 of the Insurance (Amendment) Ordinance, 1984 (Ordinance No. L of 1984)",
"25 Section 3BBB was inserted by section 4 of the Insurance (Amendment) Act, 1990 (Act No. XXVI of 1990).",
"26 Section 3A was inserted by section 4 of the Insurance (Amendment) Act, 1941 (Act No. XIII of 1941)",
"27 The words “three Taka and fifty poisha” were substituted for the words “one Taka and fifty poisha” by section 3 of the Insurance (Amendment) Act, 2004 (Act No. IV of 2004)",
"28 The words “Sonali Bank” were substituted for the words “National Bank of Pakistan” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"29 Section 3AA was inserted by section 4 of the Insurance (Amendment) Ordinance, 1970 (Ordinance No. XXV of 1970)",
"30 Section 3B was inserted by section 4 of the Insurance (Amendment) Act, 1946 (Act No. VI of 1946)",
"31 Section 3BB was inserted by section 5 of the Insurance (Amendment) Ordinance, 1970 (Ordinance No. XXV of 1970)",
"32 Sections 3C and 3D were inserted by section 7 of the Insurance (Amendment) Act, 1958 (Act No. XXVII of 1958).",
"33 Sections 3E and 3F were inserted by section 8 of the Insurance (Amendment) Ordinance, 1970 (Ordinance No. XXV of 1970)",
"34 The words “twenty-thousand Taka” were substituted for the words “one thousand Taka” by section 4 of the Insurance (Amendment) Act, 2004 (Act No. IV of 2004)",
"35 The proviso was omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"36 Section 6 was substituted by section 5 of the Insurance (Amendment) Ordinance, 1984 (Ordinance No. L of 1984)",
"37 Sub-section (1) was substituted for sub-section (1) by section 6 of the Insurance (Amendment) Ordinance, 1984 (Ordinance No. L of 1984)",
"38 Sub-sections 9, (9A) and (9B) were substituted for the original sub-section (9), by section 4 of the Insurance (Amendment) Act, 1940 (Act No. XX of 1940)",
"39 Sub-sections 9, (9A) and (9B) were substituted for the original sub-section (9), by section 4 of the Insurance (Amendment) Act, 1940 (Act No. XX of 1940)",
"40 Sub-sections 9, (9A) and (9B) were substituted for the original sub-section (9), by section 4 of the Insurance (Amendment) Act, 1940 (Act No. XX of 1940)",
"41 Sub-sections 9, (9A) and (9B) were substituted for the original sub-section (9), by section 4 of the Insurance (Amendment) Act, 1940 (Act No. XX of 1940)",
"42 The words “two Taka” were substituted for the words “thirty seven poisha” by section 8 of the Insurance (Amendment) Ordinance, 1984 (Ordinance No. L of 1984)",
"43 Section 27B was inserted by section 14 of the Insurance (Amendment) Ordinance, 1970 (Ordinance No. XXV of 1970)",
"44 Clauses (i) and (ii) were substituted for clauses (i), (ii) and (iii) by section 2 of the Insurance (Amendment) Act, 2000 (Act No. XIV of 2000)",
"45 Sub-section (2A) was inserted by section 12 of the Insurance (Amendment) Ordinance, 1970 (Ordinance No. XXV of 1970)",
"46 Section 27A was inserted by section 5 of the Insurance (Amendment) Ordinance, 1960 (Ordinance No. V of 1960)",
"47 The words “as may be decided by the Board of Directors of the insurer” were substituted for the words “as may be prescribed” by section 3 of the Insurance (Amendment) Act, 1993 (Act No. XII of 1993)",
"48 The words “as may be decided by the Board of Directors of the insurer” were substituted for the words “as may be prescribed” by section 3 of the Insurance (Amendment) Act, 1993 (Act No. XII of 1993)",
"49 The words “as may be decided by the Board of Directors of the insurer” were substituted for the words “as may be prescribed” by section 3 of the Insurance (Amendment) Act, 1993 (Act No. XII of 1993)",
"50 The colon (:) was substituted for the semi-colon (;) at the end of sub-clause (c) and the proviso was added thereafter by section 3 of the Insurance (Amendment) Act, 1993 (Act No. XII of 1993)",
"51 Sections 32A and 32B were inserted by section 28 of the Insurance (Amendment) Act, 1958 (Act No. XXVII of 1958)",
"52 Sections 34A, 34B and 34C were inserted by section 18 of the Insurance (Amendment) Ordinance, 1970 (Ordinance No. XXV of 1970)",
"53 The words “in an Acceding State or in a non Acceding State” were omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"54 Sub-section (1) was substituted by section 4 of the Insurance (Amendment) Act, 1993 (Act No. XII of 1993)",
"55 Sub-section (1B) was inserted by section 6 of the Insurance (Amendment) Ordinance, 1960 (Ordinance No. V of 1960)",
"56 The words and commas “in any form an amount exceeding, in the case of life insurance business,” were substituted for the words “in any form of in respect of life insurance business an amount exceeding” by section 4 of the Insurance (Amendment) Act, 1993 (Act No. XII of 1993)",
"57 The words and commas “or, in the case of business of any other class, fifteen per cent” were inserted by section 4 of the Insurance (Amendment) Act, 1993 (Act No. XII of 1993)",
"58 The words and comma “life insurance policy only,” were substituted for the words “life insurance policy” by section 4 of the Insurance (Amendment) Act, 1993 (Act No. XII of 1993)",
"59 Second proviso to sub-section (2) was omitted by section 6 of the Insurance (Amendment) Act, 1990 (Act No. XXVI of 1990)",
"60 Sub-section (2A) was inserted by section 21 of the Insurance (Amendment) Act, 1946 (Act No. VI of 1946)",
"61 Sections 40A to 40D were inserted by section 34 of the Insurance (Amendment) Act, 1958 (Act No. XXVII of 1958)",
"62 Sub-sections (2) and (3) were substituted by section 5 of the Insurance (Amendment) Act, 1993 (Act No. XII of 1993)",
"63 Sub-sections (3A), (3B) and (3C) were inserted by section 20 of the Insurance (Amendment) Ordinance, 1970 (Ordinance No. XXV of 1970)",
"64 The commas, brackets and figures “, (2), (3)” were inserted by section 5 of the Insurance (Amendment) Act, 1993 (Act No. XII of 1993)",
"65 The comma and the words “, including commission or remuneration for procuring business” were inserted by section 6 of the Insurance (Amendment) Act, 1993 (Act No. XII of 1993)",
"66 The words “two hundred” were substituted for the words “twenty” by section 7 of the Insurance (Amendment) Act, 1993 (Act No. XII of 1993)",
"67 The words “three hundred” were substituted for the words “thirty” by section 7 of the Insurance (Amendment) Act, 1993 (Act No. XII of 1993)",
"68 Sub-sections (6), (7) and (8) were substituted by section 7 of the Insurance (Amendment) Act, 1993 (Act No. XII of 1993)",
"69 The words “two hundred Taka” were substituted for the words “one hundred Taka” by section 5 of the Insurance (Amendment) Act, 2004 (Act No. IV of 2004)",
"70 The words and commas “or clause (i) of sub-section (7)” were inserted by section 7 of the Insurance (Amendment) Act, 1993 (Act No. XII of 1993)",
"71 Sub-section (10) was inserted by section 7 of the Insurance (Amendment) Act, 1993 (Act No. XII of 1993)",
"72 The words and commas “or a licence in respect of general insurance business” were inserted by section 7 of the Insurance (Amendment) Act, 1993 (Act No. XII of 1993)",
"73 Section 42A was inserted by section 36 of the Insurance (Amendment) Act, 1958 (Act No. XXVII of 1958) and subsequently substituted by section 22 of the Insurance (Amendment) Ordinance, 1970 (Ordinance No. XXV of 1970)",
"74 The word “five” was substituted for the word “one” by section 8 of the Insurance (Amendment) Act, 1993 (Act No. XII of 1993)",
"75 The words “seven hundred and fifty” were substituted for the words “one hundred and fifty” by section 8 of the Insurance (Amendment) Act, 1993 (Act No. XII of 1993)",
"76 The words “seven hundred and fifty” were substituted for the words “one hundred and fifty” by section 8 of the Insurance (Amendment) Act, 1993 (Act No. XII of 1993)",
"77 The words “two hundred and fifty” were substituted for the words “twenty-five” by section 8 of the Insurance (Amendment) Act, 1993 (Act No. XII of 1993)",
"78 The words “seven hundred and fifty” were substituted for the words “one hundred and fifty” by section 8 of the Insurance (Amendment) Act, 1993 (Act No. XII of 1993)",
"79 Sub-sections (7), (8) and (9) were substituted by section 8 of the Insurance (Amendment) Act, 1993 (Act No. XII of 1993)",
"80 Section 42B was inserted by section 38 of the Insurance (Amendment) Act, 1958 (Act No. XXVII of 1958)",
"81 Section 43A was inserted by section 23 of the Insurance (Amendment) Ordinance, 1970 (Ordinance No. XXV of 1970)",
"82 Sections 44A and 44B were inserted by section 38 of the Insurance (Amendment) Act, 1958 (Act No. XXVII of 1958)",
"83 The words “two thousand Taka” were substituted for the words “fifty Taka” by section 6 of the Insurance (Amendment) Act, 2004 (Act No. IV of 2004)",
"84 The words “one thousand Taka” were substituted for the words “fifty Taka” by section 6 of the Insurance (Amendment) Act, 2004 (Act No. IV of 2004)",
"85 Sub-section (6A) was inserted by section 25 of the Insurance (Amendment) Ordinance, 1970 (Ordinance No. XXV of 1970)",
"86 Section 47A was inserted by section 39 of the Insurance (Amendment) Act, 1958 (Act No. XXVII of 1958)",
"87 Sections 47B to 47L were inserted by section 27 of the Insurance (Amendment) Ordinance, 1970 (Ordinance No. XXV of 1970)",
"88 The words “the Supreme Court” were substituted for the words “a High Court” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"89 Sections 48B, 48BB, 48BBB and 48BBBB were substituted for section 48B by section 11 of the Insurance (Amendment) Act, 1990 (Act No. XXVI of 1990)",
"90 Section 48B was substituted by section 3 of the Insurance (Amendment) Act, 2000 (Act No. XIV of 2000)",
"91 Sub-section (1A) was inserted by section 28 of the Insurance (Amendment) Ordinance, 1970 (Ordinance No. XXV of 1970)",
"92 Sub-section (2A) was inserted by section 3 of the Insurance (Amendment) Act, 1944 (Act No. VII of 1944)",
"93 Section 48A was inserted by section 24 of the Insurance (Amendment) Act, 1946 (Act No. VI of 1946) which was later substituted by section 29 of the Insurance (Amendment) Ordinance, 1970 (Ordinance No. XXV of 1970)",
"94 Section 48C was substituted by section 7 of the Insurance (Amendment) Act, 2004 (Act No. IV of 2004)",
"95 Section 48CC was substituted by section 9 of the Insurance (Amendment) Act, 1993 (Act No. XII of 1993)",
"96 The words, figures and comma “or to the Central Government under section 11 of the Indian Life Assurance Companies Act, 1912” were omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"97 The words, figures and comma “or to the Central Government under section 11 of the Indian Life Assurance Companies Act, 1912” were omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"98 Section 49A was inserted by section 9 of the Insurance (Amendment) Ordinance, 1961 (Ordinance No. XXXIII of 1961) which was later substituted by section 30 of the Insurance (Amendment) Ordinance, 1970 (Ordinance No. XXV of 1970)",
"99 The words “ninety” was substituted for the words “ninety-two and one-half” by Section 10 of the Insurance (Amendment) Act, 1993 (Act No. XII of 1993)",
"100 Section 50A was inserted by section 31 of the Insurance (Amendment) Ordinance, 1970 (Ordinance No. XXV of 1970)",
"101 The heading and sections 52A to 52H were inserted by section 9 of the Insurance (Amendment) Ordinance, 1960 (Ordinance No. V of 1960)",
"102 The words “Penal Code” were substituted for the words “Pakistan Penal Code” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"103 The words “Penal Code” were substituted for the words “Pakistan Penal Code” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"104 Section 53A was inserted by section 25 of the Insurance (Amendment) Act, 1946 (Act No. VI of 1946)",
"105 The word “Government” was substituted for the words “Provincial Government with the approval of the Central Government” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"106 Sub-section (3A) was inserted by section 32 of the Insurance (Amendment) Ordinance, 1970 (Ordinance No. XXV of 1970)",
"107 Sections 70A and 70B were inserted by section 40 of the Insurance (Amendment) Act, 1941 (Act No. XIII of 1941)",
"108 The words and comma “into the Imperial Bank of India acting as the agent of that Bank, or” were omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"109 Section 73A was inserted by section 32 of the Insurance (Amendment) Act, 1946 (Act No. VI of 1946)",
"110 The words “shall cause every scheme of insurance which it proposes to put into operation” were substituted for the commas, words and figure “, registered after the commencement of this Act, shall cause every scheme of insurance which it proposes to put into operation, and every provident society registered before the commencement of this Act under the provisions of the Provident Insurance Societies Act, 1912, shall cause any scheme which it proposes to put into operation for the first time after such commencement” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"111 Sub-section (3A) was inserted by section 13 of the Insurance (Amendment) Act, 1940 (Act No. XX of 1940)",
"112 Section 87A was inserted by section 38 of the Insurance (Amendment) Act, 1946 (Act No. VI of 1946)",
"113 The words “or an Acceding State or a non-Acceding State” were omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"114 Section 90A was inserted by section 40 of the Insurance (Amendment) Act, 1946 (Act No. VI of 1946)",
"115 The words “local” was omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"116 The words “circulating in the province in which the society is situated” were omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"117 The words “local” was omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"118 The words “circulating in the province in which the society is situated” were omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"119 Clause (b) was substituted by section 12 of the Insurance (Amendment) Ordinance, 1984 (Ordinance No. L of 1984)",
"120 The proviso to clause (b) was omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"121 The word “Life” was omitted by section 12 of the Insurance (Amendment) Ordinance, 1984 (Ordinance No. L of 1984)",
"122 Application of Act to Mutual Insurance Companies and Co-operative * * * Insurance Societies",
"123 The word “Life” was omitted by section 12 of the Insurance (Amendment) Ordinance, 1984 (Ordinance No. L of 1984)",
"124 Sections 97, 98 and 98A were substituted for former sections 97, 98 and 98A, by section 12 of the Insurance (Amendment) Ordinance, 1984 (Ordinance No. L of 1984)",
"125 The word “Life” was omitted by section 12 of the Insurance (Amendment) Ordinance, 1984 (Ordinance No. L of 1984)",
"126 The word “Life” was omitted by section 12 of the Insurance (Amendment) Ordinance, 1984 (Ordinance No. L of 1984)",
"127 The word “Life” was omitted by section 12 of the Insurance (Amendment) Ordinance, 1984 (Ordinance No. L of 1984)",
"128 The proviso was omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"129 The word “Life” was omitted by section 12 of the Insurance (Amendment) Ordinance, 1984 (Ordinance No. L of 1984)",
"130 The words “of the Province in which the Co-operatives Life Insurance society is registered” were omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"131 The words “one lac Taka and not less than fifty thousand Taka” were substituted for the words “ten thousand Taka” by section 8 of the Insurance (Amendment) Act, 2004 (Act No. IV of 2004)",
"132 The words “ten thousand Taka” were substituted for the words “one thousand Taka” by section 8 of the Insurance (Amendment) Act, 2004 (Act No. IV of 2004)",
"133 The words “five thousand Taka” were substituted for the words “five hundred Taka” by section 13 of the Insurance (Amendment) Ordinance, 1984 (Ordinance No. L of 1984)",
"134 The words “five hundred Taka” were substituted for the words “two hundred and fifty Taka” by section 13 of the Insurance (Amendment) Ordinance, 1984 (Ordinance No. L of 1984)",
"135 The words “ten thousand Taka” were substituted for the words “two thousand Taka” by section 14 of the Insurance (Amendment) Ordinance, 1984 (Ordinance No. L of 1984)",
"136 The words “five thousand Taka” were substituted for the words “five hundred Taka” by section 14 of the Insurance (Amendment) Ordinance, 1984 (Ordinance No. L of 1984)",
"137 The words “ten thousand Taka” were substituted for the words “one thousand Taka” by section 15 of the Insurance (Amendment) Ordinance, 1984 (Ordinance No. L of 1984)",
"138 The words “ten thousand Taka” were substituted for the words “one thousand Taka” by section 16 of the Insurance (Amendment) Ordinance, 1984 (Ordinance No. L of 1984)",
"139 The words and brackets “within whose jurisdiction the registered office of the insurer is situate (hereinafter referred to as the High Court)” were omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"140 The words “Supreme Court” were substituted for the words “High Court” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"141 Section 106A was inserted by section 14 of the Insurance (Amendment) Act, 1940 (Act No. XX of 1940)",
"142 The words “Attorney-General” were substituted for the words “Advocate General of the Province where the principle place of the business in Pakistan of such insurer is situated” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"143 The words “Supreme Court” were substituted for the words “High Court” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"144 The words “within the territorial limits of whose jurisdiction the Tribunal sits to hear appeal” were omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"145 The words “Penal Code” were substituted for the words “Pakistan Penal Code” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"146 Sections 110A and 110B were inserted by section 15 of the Insurance (Amendment) Act, 1940 (Act No. XX of 1940)",
"147 Section 110C was inserted by section 47 of the Insurance (Amendment) Act, 1958 (Act No. XXVII of 1958)",
"148 Sub-sections (1), (1A), (1B) and (1C) were substituted for the former sub-section (1) by section 36 of the Insurance (Amendment) Ordinance, 1970 (Ordinance No. XXV of 1970)",
"149 Sections 114A and 114B were inserted by section 38 of the Insurance (Amendment) Ordinance, 1970 (Ordinance No. XXV of 1970)",
"150 Clauses (aa) and (aaa) were inserted by section 37 of the Insurance (Amendment) Ordinance, 1970 (Ordinance No. XXV of 1970)",
"151 Clause (d) was omitted by section 48 of the Insurance (Amendment) Act, 1958 (Act No. XXVI of 1958)",
"152 Sections 116A was inserted by section 64 of the Insurance (Amendment) Act, 1941 (Act No. XIII of 1941)",
"153 The words, comma and figure “Industrial Relations Ordinance, 1969” were substituted for the words, comma and figure “Trade Unions Act, 1926” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"154 Sections 120A was inserted by section 50 of the Insurance (Amendment) Act, 1958 (Act No. XXVII of 1958)",
"155 Section 120AA was added by section 39 of the Insurance (Amendment) Ordinance, 1970 (Ordinance No. XXV of 1970)"
],
"name": "The Insurance Act, 1938",
"num_of_sections": 197,
"published_date": "26th February, 1938",
"related_act": [
136,
140,
157,
30,
167,
168,
169,
170,
171,
172,
173,
430,
175,
174,
176,
177,
178,
47,
179,
180,
75,
86,
600,
118
],
"repelled": true,
"sections": [
{
"act_id": 175,
"details": "1. (1) This Act may be called the Insurance Act, 1938. (2) \tIt extends to the whole of Bangladesh. (3) \tIt shall come into force on such date as the Government may, by notification in the official Gazette, appoint in this behalf.",
"name": "Short title, extent and commencement",
"related_acts": "175",
"section_id": 1
},
{
"act_id": 175,
"details": "2. In this Act, unless there is anything repugnant in the subject or context,- (1) \t“actuary” means an actuary is possessing such qualifications as may be prescribed; 1* * * 2(3) \t“approved securities” means Government securities, and any other security charged on the revenues of the Government, or guaranteed fully as regards principal and interest by the Government; and any debenture or other security for money issued under the authority of any Act of Parliament and specified as an approved security for the purposes of this Act by the Government by notification in the official Gazette; 3(3A) \t“approved investments” means such investments as the Government may, by notification in the official Gazette, specify as approved investments for the purposes of this Act; (4)\t“auditor” means a person qualified under the provisions of section 144 of the Companies Act, 1913, to act as an auditor of companies; (5)\t“certified” in relation to any copy or translation of a document required to be furnished by or on behalf of an insurer or a provident society as defined in Part III means certified by a principal officer of such insurer or provident society to be a true copy or a correct translation, as the case may be; 4(5A) \t“company” has the meaning assigned to it in clause (2) of section 2 of the Companies Act, 1913; (5B) \t“Chief Controller of Insurance” or “Chief Controller” means the officer appointed by the Government to perform the duties of the Chief Controller of Insurance under this Act; (6)\t“Court” means the principal Civil Court of original jurisdiction in a district, and includes the High Court Division in exercise of its ordinary original civil jurisdiction; 5(6A) \t“employer of agents” means a person certified under section 42A who procures insurance business for an insurer whether wholly or in part by employing or causing to be employed insurance agents on behalf of the insurer; (6B)\t“fire insurance business” means the business of effecting, otherwise than incidentally to some other class of insurance business, contracts of insurance against loss by or incidental to fire or other occurrence customarily included among the risks insured against in fire insurance policies; (6C)\t“general insurance business” means fire, marine or miscellaneous insurance business, whether carried on singly or in combination with one or more of them; (7)\t“Government securities” means Government securities as defined in the Securities Act, 1920; 6(7A) \t“health insurance business” means the business of effecting contract of insurance upon human sickness or accidental human body injury necessitating medical treatment by a medical practitioner registered under Medical and Dental Council Act, 1980 (XVI of 1980); (8)\t“insurance company” means any insurer being a company, association or partnership which may be wound up under the Companies Act, 1913, or to which the Partnership Act, 1932, applies; 7(8A) \t“insurance surveyor” means a person (certified under section 44A) who examines the goods, property or any interests insured under a policy of general insurance to ascertain the cause, extent and location of any loss and to determine the amount of such loss and the amount which is payable to the insured by the insurer or insurers or any person liable in respect of such loss; (9)\t“insurer” means- (a)\tany individual or unincorporated body of individuals or body corporate incorporated under the law of any country or State outside Bangladesh, carrying on insurance business not being a person specified in sub-clause (c) of this clause which- (i) \tcarries on that business in Bangladesh; or (ii) \thas his or its principal place of business or is domiciled in Bangladesh; or (iii)\twith the object of obtaining insurance business, employs a representative, or maintains a place of business, in Bangladesh; (b) \tany body corporate not being a person specified in sub-clause (c) of this clause carrying on the business of insurance, which is a body corporate incorporated under any law for the time being in force in Bangladesh; or stands to any such body corporate in the relation of a subsidiary company within the meaning of the Companies Act, 1913, as defined by sub-section (2) of section 2 of that Act, and (c) \tany person who in Bangladesh has a standing contract with underwriters who are members of the Society of Lloyd's whereby such person is authorised within the terms of such contract to issue protection notes, cover notes, or other documents granting insurance cover to others on behalf of the underwriters, but does not include an insurance agent licensed under section 42 or a provident society as defined in Part III; (10) \t“insurance agent” means a person who has been granted a licence under section 42 to act as an insurance agent; (11) “life insurance business” means the business of effecting contracts of insurance upon human life, including any contract whereby the payment of money is assured on death (except policies for death by accident only) or the happening of any contingency dependent on human life or which is subject to payment of premiums for a term dependent on human life and shall be deemed to include- (a)\tthe granting of disability and double or triple indemnity accident benefits, if so provided in the contract of insurance; (b) \tthe granting of annuities upon human life; 8* * * (c)\tthe granting of superannuation allowances and annuities payable out of any fund applicable solely to the relief and maintenance of person engaged or who have been engaged in any particular profession, trade or employment or of the dependents of such person; 9(d)\thealth insurance; (12) \t“manager” and “officer” have the meanings assigned to those expressions in clauses (9) and (11) respectively of section 2 of the Companies Act, 1913; (13) \t“managing agent” means a person, firm or company entitled to the management of the whole affairs of a company by virtue of an agreement with the company, and under the control and direction of the directors except to the extent, if any, otherwise provided for in the agreement, and includes any person, firm or company occupying such position by whatever name called. Explanation.- If a person occupying the position of managing agent calls himself manager or managing director, he shall nevertheless be regarded as managing agent for the purposes of section 32 of this Act; 10(13A) \t“marine insurance business” means the business of effecting contracts of insurance upon vessels of any description, including cargoes, freights and other interests which may be legally insured, in or in relation to such vessels, cargoes and freights, goods, wares, merchandise and property of whatever description insured for any transit by land, water or air, or by any combination thereof and whether or not including warehouse risks or similar risks in addition or as incidental to such transit, and includes any other risks customarily included among the risks insured against in marine insurance policies; 11(13AA) \t“member of the family”, in relation to any person, means the husband or a wife, the dependent father, mother, brother or sister, or a minor son or unmarried daughter of that person; (13B)\t“miscellaneous insurance business” means the business of effecting contracts of insurance which is not principally of any kind included in clauses 12clause (6B), excluding sub-clause (d) of clause (11) and clause (13A); 13* * * 14(13D)\t“policy-holder” includes a person to whom the whole of the interest of the policy-holder in the policy is assigned once and for all, but does not include an assignee thereof whose interest in the policy is defeasible or is for the time being subject to any condition; (14) \t“prescribed” means prescribed by rules made under section 114; 15(14A) \t“private company” has the meaning assigned to it in clause (13) of section 2 of the Companies Act, 1913; (14B) \t“public company” means a company incorporated under the Companies Act, 1913 or under the Indian Companies Act, 1882, or under the Indian Companies Act, 1866, or under any Act repealed thereby, which is not a private company or a subsidiary of a private company; 16(15)\t“scheduled bank” has the same meaning as assigned to it in clause (k) of Article 2 of the Bangladesh Bank Order, 1972; (16) \t“specified miscellaneous insurance business” means such classes or sub-classes of miscellaneous insurance business as may be prescribed for the purposes of section 3AA or section 6.",
"name": "Definitions",
"related_acts": "118,600,157",
"section_id": 2
},
{
"act_id": 175,
"details": "172A. Every insurer shall be subject to all the provisions of this Act in relation to any class of insurance business so long as his liabilities in Bangladesh in respect of business of that class remain unsatisfied or not otherwise provided for.",
"name": "Insurers to be subject to this Act while liabilities remain unsatisfied",
"related_acts": "",
"section_id": 3
},
{
"act_id": 175,
"details": "2B. The provisions of this Act shall not apply to an insurer as defined in paragraph (i) or (iii) of sub-clause (a) of clause (9) of section 2 in relation to any class of his insurance business where such insurer has ceased, before the commencement of this Act, to enter into any new contracts of that class of business.",
"name": "2B.\tThis Act not to apply to certain insurers ceasing to enter into new contracts before commencement of Act",
"related_acts": "",
"section_id": 4
},
{
"act_id": 175,
"details": "182C. (1) No person other than- (a)\ta public company, or (b)\ta society registered under 19any law for the time being in force in Bangladesh relating to co-operative societies, or (c)\ta body corporate incorporated under the law of any country outside Bangladesh not being of the nature of a private company or a subsidiary of a private company, shall start any insurance business in Bangladesh and a person, other than a person specified in clause (a), (b) or (c), who, immediately before the commencement of the Insurance (Amendment) Ordinance, 1958, was carrying on such business in Bangladesh shall, after the expiry of one year from such commencement, discontinue such business. (2) No Mutual Insurance Company which was not registered, before the commencement of the Insurance (Amendment) Ordinance, 1958, for any class of insurance business, shall be registered for any class of general insurance business and no Mutual Insurance Company which was registered, before such commencement, for any class of insurance business, shall, be registered for any additional class of insurance business unless such company satisfies such conditions as may be prescribed. Explanation.- In this section, ÔÇÿMutual Insurance Company' has the meaning assigned to it in Part IV of this Act and includes any company constituted or incorporated outside Bangladesh which is of the nature of a Mutual Insurance Company.",
"name": "Prohibition of transaction of insurance business by certain persons",
"related_acts": "",
"section_id": 5
},
{
"act_id": 175,
"details": "3. (1) No person shall, after the commencement of this Act, begin to carry on any class of insurance business in Bangladesh, and no insurer carrying on any class of insurance business in Bangladesh shall, after the expiry of three months from the commencement of this Act, continue to carry on any such business, unless he has obtained from the Chief Controller of Insurance a certificate of registration for the particular class of insurance business: Provided that in the case of an insurer who was carrying on any class of insurance business in Bangladesh at the commencement of this Act, failure to obtain a certificate of registration in accordance with the requirements of this sub-section shall not operate to invalidate any contract of insurance entered into by him if before such date as may be fixed in this behalf by the Government by notification in the official Gazette, he has obtained that certificate. 20(1A) Notwithstanding anything contained in this Act, no certificate of registration shall be granted by the Chief Controller of Insurance to any person 21* * * for carrying on any class of insurance business in Bangladesh without the prior permission of the Government. (2) Every application for registration shall be accompanied by- (a)\ta certified copy of the memorandum and articles of association, where the applicant is a company and incorporated under the Companies Act, 1913 or under the Indian Companies Act, 1882, or under the Indian Companies Act, 1866, or under any Act repealed thereby, or, in the case of any other insurer specified in sub-clause (a) (ii) or sub-clause (b) of clause (9) of section 2, a certified copy of the deed of partnership or of the deed of constitution of the company, as the case may be, or, in the case of an insurer having his principal place of business or domicile outside Bangladesh, the document specified in clause (a) of section 63; (b)\tthe name, address and the occupation, if any, of the directors where the insurer is a Company incorporated under the Companies Act, 1913, or under the Indian Companies Act, 1882, or under the Indian Companies Act, 1866, or under any Act repealed thereby, and in the case of an insurer specified in sub-clause (a) (ii) of clause (9) of section 2 the names and addresses of the proprietors and of the manager in Bangladesh, and in any other case the full address of the principal office of the insurer in Bangladesh, and the names of the directors and the manager at such office and the name and address of some one or more persons resident in Bangladesh authorised to accept any notice required to be served on the insurer; (c)\ta statement of the class or classes of insurance business done or to be done, and a statement that the amount required to be deposited by section 7 or section 98 before application for registration is made has been deposited together with a certificate from the Bangladesh Bank showing the amount deposited; (d)\twhere the provisions of section 6 or 97 apply, a statement duly certified by an auditor showing the total paid up capital or the total working capital of the insurer and a declaration verified by an affidavit made by the principal officer of the insurer authorised in that behalf that the provisions of those sections as to paid up capital or working capital, as the case may be, have been complied with; (e)\tin the case of an insurer having his principal place of business or domicile outside Bangladesh, a statement verified by an affidavit made by the principal officer of the insurer setting forth the requirements (if any) not applicable to nationals of the country in which such insurer is constituted, incorporated or domiciled which are imposed by the laws or practice of that country upon Bangladesh nationals as a condition of carrying on insurance business in that country; (f)\ta certified copy of the published prospectus, if any, and of the standard policy forms of the insurer and statements of the assured rates, advantages, terms and conditions to be offered in connection with insurance policies together with a certificate in connection with life insurance business by an actuary that such rates, advantages, terms and conditions are workable and sound: Provided that in the case of marine, accident and miscellaneous insurance business other than workmen's compensation and motor car insurance the Chief Controller of Insurance may exempt any insurer from the above requirements regarding prospectus, forms and statements to such extent and for such period as he may deem fit; and (g)\tthe receipt showing payment in the prescribed manner of the prescribed fee which shall not be more than 22five lakh Taka for each class of business. (3)\tIn the case of any insurer having his principal place of business or domicile outside Bangladesh, the Chief Controller of Insurance shall withhold registration or shall cancel a registration already made, if he is satisfied that in the country in which such insurer has his principle place of business or domicile Bangladesh nationals are debarred by the law or practice of the country relating to, or applied to insurance from carrying on the business of insurance, or that any requirement imposed on such insurer under the provisions of section 62 is not satisfied. (4)\tThe Chief Controller of Insurance shall cancel the registration of an insurer either wholly or in so far as it relates to a particular class of insurance business, as the case may be,- (a)\tif the insurer fails to comply with the provisions of section 7 or section 98 as to deposits, or (b)\tif the insurer is in liquidation or is adjudged an insolvent, or (c)\tif the business or a class of the business of the insurer has been transferred to any person or has been transferred to or amalgamated with the business of any other insurer, or (d)\tif the whole of the deposit made in respect of a class of insurance business has been returned to the insurer under section 9; or (e)\tif, in the case of an insurer specified in sub-clause (c) of clause (9) of section 2, the standing contract referred to in that sub-clause is cancelled or is suspended and continues to be suspended for a period of six months, and the Chief Controller of Insurance may cancel the registration of an insurer- (f)\tif the insurer makes default in complying with, or acts in contravention of, any requirement of this Act or any rule or order made thereunder, and (g)\tif the Chief Controller of Insurance has reason to believe that any claim upon the insurer arising in Bangladesh under any policy of insurance remains unpaid for three months after final judgment in regular course of law. (5)\tWhen the Chief Controller of Insurance withholds or cancels any registration under sub-section (3) or clause (a), clause (e), clause (f) or clause (g) of sub-section (4), he shall give notice in writing to the insurer of his decision, and the decision shall take effect on such date as he may specify in that behalf in the notice, such date not being less than one month nor more than two months from the date of the receipt of the notice in the ordinary course of transmission. 23(5A) When the Chief Controller of Insurance cancels any registration under clause (b), clause (c) or clause (d) of sub-section (4) the cancellation shall take effect on the date on which notice of the order of cancellation is served on the insurer. (5B) When a registration is cancelled the insurer shall not, after the cancellation has taken effect, enter into any new contracts of insurance, but all rights and liabilities in respect of contracts of insurance entered into by him before such cancellation takes effect shall, subject to the provisions of sub-section (5D), continue as if the cancellation had not taken place. (5C) Where a registration is cancelled under clause (a), clause (e), clause (f), or clause (g) of sub-section (4), the Chief Controller of Insurance may at his discretion revive the registration, if the insurer makes the deposits required by section 7 or section 98, or has his standing contract restored or has had an application under sub-section (4) of section 3A accepted, or satisfies the Chief Controller of Insurance that no claim upon him such as is referred to in clause (g) of sub-section (4) remains unpaid or that he has complied with the requirement for the non-compliance or contravention of which the registration was cancelled under clause (f) of sub-section (4), as the case may be, and complies with any directions which may be given to him by the Chief Controller of Insurance. (5D) Where the registration of an insurance company is cancelled under sub-section (4), the Chief Controller of Insurance may, after the expiry of six months from the date on which the cancellation took effect, apply to the Court for an order to wind up the insurance company, or to wind up the affairs of the company in respect of a class of insurance business, unless the registration of the insurance company has been revived under sub-section (5C) or an application for winding up the company has been already presented to the Court. The Court may proceed as if an application under this sub-section were an application under sub-section (2) of section 53, or sub-section (1) of section 58, as the case may be. (6) Subject to compliance with the provisions of sections 2C, 5, sub-section (2A) of section 10 and section 32 and of any order made under section 3B, the Chief Controller of Insurance shall, on being satisfied that the applicant has fulfilled all the requirements of this section applicable to him, register the insurer and grant him a certificate of registration. (7) The Chief Controller of Insurance may, on payment of the prescribed fee which shall not exceed 24five hundred Taka, issue a duplicate certificate of registration to replace a certificate lost, destroyed or mutilated, or in any other case where he is of opinion that the issue of a duplicate certificate is necessary.",
"name": "Registration",
"related_acts": "",
"section_id": 6
},
{
"act_id": 175,
"details": "253BBB. The Chief Controller of Insurance shall, at intervals of not less than one year, determine, in consultation with the insurers carrying on general insurance business, the rates of premium for such insurance business.",
"name": "Determination of premium rates for general insurance business",
"related_acts": "",
"section_id": 7
},
{
"act_id": 175,
"details": "3F. No insurer shall offer any policy or contract in respect of life insurance business other than those described in the prospectus filed with the Chief Controller of Insurance under clause (f) of sub-section (2) of section 3 or any amendment to such prospectus filed with the Chief Controller of Insurance under section 26 under he files with the Chief Controller the rates, advantages and terms and conditions of such policy or contract.",
"name": "Restriction on issue of certain policies at new rates, etc.",
"related_acts": "",
"section_id": 8
},
{
"act_id": 175,
"details": "263A. (1) An insurer who has been granted a certificate of registration under section 3 shall have the registration renewed annually for each year. (2) \tAn application for the renewal of a registration for any year shall be made by the insurer to the Chief Controller of Insurance before the 31st day of December of the preceding year, and shall be accompanied as provided in sub-section (3) by evidence of payment of a fee of 27three Taka and fifty poisha per thousand of gross direct premium written in Bangladesh during the year preceding the year ending on the said date. (2A) and (2B) Omitted by section 3 of the Insurance (Amendment) Ordinance 1984 (Ordinance No. L of 1984. (3) \tThe prescribed fee for the renewal of a registration for any year shall be paid into the Bangladesh Bank or, where there is no office of that Bank, into the 28Sonali Bank acting as the agent of that Bank, or into any Government treasury, and the receipt shall be sent along with the application for renewal of the registration. (4) \tIf an insurer fails to apply for renewal of registration before the date specified in sub-section (2) the Chief Controller of Insurance may, so long as an application to the Court under sub-section (5D) of section 3 has not been made, accept an application for renewal of the registration on receipt from the insurer of the fee payable with the application and such penalty, not exceeding the prescribed fee payable by him as the Chief Controller of Insurance may require: Provided that an appeal shall lie to the Government from an order passed by the Chief Controller of Insurance imposing a penalty on the insurer. (5) \tThe Chief Controller of Insurance shall, on fulfilment by the insurer of the requirements of this section, renew the registration and grant him a certificate of renewal of registration.",
"name": "Renewal of Registration",
"related_acts": "",
"section_id": 9
},
{
"act_id": 175,
"details": "293AA. (1) After the commencement of the Insurance (Amendment) Ordinance, 1970, no person shall be registered as an insurer- (a)\tfor life insurance business and specified miscellaneous insurance business if he seeks registration for any class of general insurance business; or (b)\tfor general insurance business other than specified miscellaneous insurance business if he seeks registration for life insurance business. (2) \tNo insurer registered before the commencement of the Insurance (Amendment) Ordinance, 1970, for life insurance business and also for any class of general insurance business shall, after the expiry of five years from such commencement, transact both types of business: Provided that the Government may, on the application of an insurer, from time to time extend the said period of five years by such further period, not exceeding two years in the aggregate, as it may deem fit. (3) An insurer who, immediately before the commencement of the Insurance (Amendment) Ordinance, 1970, was transacting both life insurance business and general insurance business shall, as soon as practicable, submit for the sanction of the Chief Controller of Insurance a scheme for the separation, transfer or winding up of either type of its business. (4) The Chief Controller of Insurance shall, upon receipt of a scheme under sub-section (3), refer it for approval to the Government suggesting such modifications therein as he may consider necessary for protecting the interests of the policy-holders and shall,- (a)\tif the scheme is approved by the Government with or without any modification, sanction the scheme accordingly; and (b)\tif it is not approved by the Government, return it to the insurer for submission of a fresh scheme. (5) \tWhere a scheme of an insurer is sanctioned under sub-section (4), with or without modification, the insurer shall separate, transfer or wind up his business according to the scheme as sanctioned. (6) \tWhere any scheme sanctioned under sub-section (4) involves the establishment of a new insurance company, the Government shall give its consent under the Capital Issues (Continuance of Control) Act, 1947 (XXIX of 1947), to the issue of such capital as may be necessary for the establishment of such company. (7) \tNo insurer transacting life insurance business shall, after the expiry of five years from the commencement of the Insurance (Amendment) Ordinance, 1970 or of the period by which the said period of five years is extended under the proviso to sub-section (2), employ in any capacity any officer employed by an insurer transaction general insurance business. Explanation.- In this sub-section, “officer” means any person, whosoever designated, who is responsible for the conduct of any business, or the management of any of the affairs, of the insurer.",
"name": "Insurers not to transact both life and general insurance business",
"related_acts": "",
"section_id": 10
},
{
"act_id": 175,
"details": "303B. If, when considering an application for registration under section 3 or at any other time, it appears to the Chief Controller of Insurance that the rates, advantages, terms and conditions offered or to be offered in connection with, or any class, condition or warranty in, any proposal, policy or other forms of any class or sub-class of insurance business are in any respect not workable or sound or are in any respect unrealistic or un-reasonable in relation to the general experience of the business of that class or sub-class in Bangladesh or any provision in the memorandum and Articles of Association or the instrument constituting or defining the constitution of the insurer is objectionable or that the reinsurance arrangements of the insurer are not adequate, he may, by order in writing and after giving the insurer an opportunity of being heard, issue such directions to the insurer or require the insurer to make within such time as may be specified in the order such modifications, additions, or omissions in the said rates, advantages, terms, conditions, clauses, warranties, memorandum and articles of association, instrument or reinsurance arrangements as he may think necessary: Provided that no directions under this section shall be issued without the prior approval of the Government to an insurer already registered under this Act.",
"name": "Rates, terms and conditions of operation of an insurer",
"related_acts": "",
"section_id": 11
},
{
"act_id": 175,
"details": "313BB. (1) The Chief Controller of Insurance shall, at intervals of not less than five years,- (a)\tprepare mortality tables indicating the average rate of mortality of the policy-holders; (b)\tprepare statement of yield indicating the range of rates of interest or yield on the investment of the insurers' funds; and (c)\tlay down the level of expenses of procurement and management of an insurer. (2) The Chief Controller of Insurance may direct an insurer to furnish such information as the Chief Controller may require for the purpose of preparing the mortality table and the statement of yield and laying down the level of expenses under sub-section (1); and every insurer shall comply with such direction. (3) \tThe mortality table, the statement of yield and the level of expenses prepared and laid down under sub-section (1) shall be published in the official Gazette. (4) \tEvery insurer shall, on the basis of the current mortality table, the statement of yield and the level of expenses published under sub-section (3),- (a)\tdetermine the rates of premium for non-participating policies issued by him; and (b)\treview and, if necessary, make consequential adjustments in, the rates of premium in the participating policies and submit to the Chief Controller of Insurance a statement indicating such adjustments.",
"name": "Basis for determination of premium rates",
"related_acts": "",
"section_id": 12
},
{
"act_id": 175,
"details": "323C. (1) Every insurer shall declare to the Chief Controller of Insurance the total amount of premiums including agents' balances in respect of fire, marine and miscellaneous insurance business outstanding on the first day of February, 1958, and shall recover the same within such time as may be allowed and comply with such directions as may be given, by the Chief Controller. (2) \tEvery insurance agent and every employer of agents shall, within such time as may be allowed to him by the Chief Controller of Insurance, pay to the insurer for whom he has been acting as an insurance agent or employer of agents, all amounts due to the insurer on account of the premiums in respect of general insurance business received by him on behalf of the insurer and outstanding against him as on the first day of February, 1958. (3) \tNo insurer shall write off any premium in respect of general insurance business which was outstanding on the first day of February, 1958, without the prior approval of the Chief Controller of Insurance. (4) \tNo insurer shall assume in Bangladesh any risk in respect of general insurance business unless and until the premium payable or such part thereof as may be prescribed, has been received by him or has been guaranteed to be paid by such person in such manner and within such time as may be prescribed. (5) \tAny refund of premium which may become due to the insured on account of the cancellation of a policy of general insurance or alteration in its terms and conditions shall be paid directly to the insured by a crossed or order cheque or by money-order and a proper receipt shall be obtained from the insured, and such refund shall in no case be credited to the account of the agent.",
"name": "Provisions relating to collection of premiums",
"related_acts": "",
"section_id": 13
},
{
"act_id": 175,
"details": "333E. (1) No insurer shall, after the expiry of six months from the commencement of the Insurance (Amendment) Ordinance, 1970, transact any business at any of his branches or offices, other than the head office, unless he has obtained a licence from the Chief Controller of Insurance for each such branch or office; and the Chief Controller of Insurance shall, upon an application made in this behalf and payment of the prescribed fee, grant such licence. (2) \tNo insurer shall, after the commencement of the Insurance (Amendment) Ordinance, 1970, open a new branch or office unless he has obtained a licence for such branch or office from the Chief Controller of Insurance. (3) \tApplication for a licence under sub-section (1) or sub-section (2) shall be made in the prescribed form and shall be accompanied by a prescribed fee which shall not be more than 34twenty-thousand Taka. (4) The Chief Controller of Insurance may, for reasons to be recorded in writing, refuse a licence under sub-section (2) to open a new branch or office and, if he so refuses, shall communicate his decision in writing to the applicant within six weeks from the date of the application. (5) An insurer to whom a licence to open a new branch or office has been refused by the Chief Controller may prefer an appeal against the refusal to the Government whose decision on such appeal shall be final. (6) \tWhere a licence to open a new branch or office has been refused, no fresh application for a licence to open such branch or office shall be entertained within a period of one year from such refusal.",
"name": "Licensing of branch offices of insurers",
"related_acts": "",
"section_id": 14
},
{
"act_id": 175,
"details": "3D. (1) No insurer shall reinsure outside Bangladesh any insurance business or any part thereof underwritten by him in Bangladesh which is in excess of its treaty reinsurance arrangement unless a certificate has been obtained from the Chief Controller to the effect that such excess cannot be placed within Bangladesh. 35* * * Explanation I.- For the purposes of this sub-section a reinsurance arrangement shall not be deemed to be a treaty reinsurance arrangement if such arrangement operates in a casual manner and in determining whether a particular reinsurance arrangement is a treaty reinsurance arrangement or not, the decision of the Chief Controller of Insurance shall be final. Explanation II.- For the purposes of this sub-section a reinsurance arrangement in respect of life insurance business entered into by an insurer domiciled elsewhere than in Bangladesh with his head office shall be deemed to be treaty reinsurance arrangement to the extent determined by the Chief Controller of Insurance. (2) No person shall insure outside Bangladesh any risk or any part thereof in respect of any property or interests in Bangladesh unless a certificate has been obtained from the Chief Controller to the effect that the risk in question cannot be insured in Bangladesh: Provided that the Chief Controller may grant an exemption to any person from the requirements of this sub-section in respect of such property or interests and for such period as he may deem fit. (3) The Chief Controller shall, if he refuses a certificate under sub-section (1) or sub-section (2), communicate his decision in writing to the applicant for the certificate, within one month from the date of the application. (4) \tEvery insurer shall submit, in the prescribed manner, to the Chief Controller of Insurance before the expiry of six months from the commencement of the Insurance (Amendment) Ordinance, 1970, a certified statement giving salient features of his reinsurance arrangement in respect of his business in Bangladesh and such other information about the reinsurance treaty as may be required by the Chief Controller. (5) \tWhere any reinsurance treaty the particulars of which have been submitted to the Chief Controller of Insurance under sub-section (4) is altered or any new reinsurance arrangement is made after the submission of the information under sub-section (4), the insurer concerned shall submit to the Chief Controller, in the prescribed manner, a report giving the particulars or such alteration in the treaty of such reinsurance arrangement within one month of such alteration or arrangement and shall submit such further information or clarification as the Chief Controller may require. (6) The Chief Controller of Insurance may, after examining the statement submitted under sub-section (4) and the report, if any, submitted under sub-section (5), and giving the insurer an opportunity of being heard, for reasons to be recorded in writing, direct the insurer to make such modifications in his reinsurance treaty or reinsurance arrangement as the Chief Controller may specify. (7) \tNotwithstanding anything contained in any other law for the time being in force, the Government may require insurers to reinsure within Bangladesh with reinsurers approved for this purpose, or among themselves, such proportion of the insurance business or such proportion of the reinsurance treaties as may be prescribed.",
"name": "Provisions relating to reinsurances and insurances abroad",
"related_acts": "",
"section_id": 15
},
{
"act_id": 175,
"details": "4. Minimum limits for annuities and other benefits secured by policies of life insurance.- Omitted by section 8 of the Insurance (Amendment) Act, 1958 (Act No. XXVII of 1958).",
"name": "Omitted.",
"related_acts": "",
"section_id": 16
},
{
"act_id": 175,
"details": "5. (1) An insurer shall not be registered by a name identical with that by which an insurer in existence is already registered, or so nearly resembling that name as to be calculated to deceive except when the insurer in existing is in the course of being dissolved and signifies his consent to the Chief Controller of Insurance. (2) \tIf any insurer, through inadvertence or otherwise, is without such consent as aforesaid registered by a name identical with that by which an insurer already in existence whether previously registered or not is carrying on business or so nearly resembling it as to be calculated to deceive, the first-mentioned insurer shall, if called upon to do so by the Chief Controller of Insurance on the application of the second-mentioned insurer, change his name within a time to be fixed by the Chief Controller of Insurance: Provided that nothing in this section shall apply to any insurer carrying on business before the 27th day of January, 1937, under the Indian Life Insurance Companies Act, 1912: Provided further that in the application of this section to any insurer who begins to carry on insurance business after the commencement of the Insurance (Amendment) Act, 1946, the references to an insurer in existence in sub-section (1) and this sub-section shall be construed as including references to a provident society (as defined in Part III) in existence, whether or not the society is in the course of being dissolved. (3) \tNo insurer other than a provident society as defined in Part III, who begins to carry on insurance business after the commencement of this Act, shall adopt as its name and so such insurer carrying on business before the commencement of this Act shall continue after the expiry of six months from the commencement thereof to use as its name any combination of words which includes the word “provident”.",
"name": "Restriction on name of insurer",
"related_acts": "",
"section_id": 17
},
{
"act_id": 175,
"details": "366. (1) No insurer, other than an insurer who was transacting any class of insurance business in Bangladesh immediately before the commencement of the Insurance (Amendment) Ordinance, 1984 (L of 1984), shall be registered after such commencement for transacting any class of insurance business unless he has a paid-up capital of not less than the amount specified in the Seventh Schedule and his shares have been subscribed in such manner as may be prescribed: Provided that the Government may, by notification in the official Gazette, relax the provision of this section relating to the amount of paid-up capital, subject to such conditions as it deems fit to specify, for a period not exceeding three years from the date of commencement of the Insurance (Amendment) Ordinance, 1984 (L of 1984).",
"name": "Requirements as to capital and share-holdings",
"related_acts": "",
"section_id": 18
},
{
"act_id": 175,
"details": "7. 37(1) Every insurer shall deposit, at the time of making application for registration, and keep deposited with the Bangladesh Bank, for and on behalf of the Government, the amount specified in the Seventh Schedule, either in cash or in approved securities estimated at the market value of the securities on the day of the deposit, or partly in cash and partly in approved securities so estimated. (2) Omitted by section 6 of the Insurance (Amendment) Ordinance, 1984 (Ordinance No. L of 1984). (3) and (4) Omitted by section 10 of the Insurance (Amendment) Act, 1958 (Act No. XXVII of 1958). (5) and (6) Omitted by section 6 of the Insurance (Amendment) Ordinance, 1984 (Ordinance No. L of 1984). (7) Omitted by section 10 of the Insurance (Amendment) Act, 1958 (Act No. XXVII of 1958). (8) \tA deposit made in cash shall be held by the Bangladesh Bank to the credit of the insurer and shall except to the extent, if any, to which the cash has been invested in securities under sub-section (9A), be returnable to the insurer in cash in any case in which under the provisions of this Act a deposit is to be returned; and any interest accruing due and collected on securities deposited under sub-section (1) or sub-section (2) shall be paid to the insurer, subject only to deduction of the normal commission chargeable for the realisation of interest. 38(9) The insurer may at any time replace any securities deposited by him under this section with the Bangladesh Bank either by cash or by other approved securities or partly by cash and partly by other approved securities, provided that such cash, or the value of such other approved securities estimated at the market rates prevailing at the time of replacement, or such cash together with such value, as the case may be, is not less than the value of the securities replaced estimated at the market rates prevailing when they were deposited. (9A) The Bangladesh Bank shall, if so requested by the insurer,- (a)\tsell any securities deposited by him with the Bank under this section and hold the cash realised by such sale as deposit, or (b)\tinvest in approved securities specified by the insurer the whole or any part of a deposit held by it in cash or the whole or any part of cash received by it on the sale of or on the maturing of securities deposited by the insurer, and hold the securities in which investment is so made as deposit, and may charge the normal commission on such sale or on such investment. (9B) Where sub-section (9A) applies,- (a)\tIf the cash realised by the sale of or on the maturing of the securities (excluding in the former case the interest accrued) falls short of the market value of the securities at the date on which they were deposited with the Bank, the insurer shall make good the deficiency by a further deposit either in cash or in approved securities estimated at the market value of the securities on the day on which they are deposited, or partly in cash and partly in approved securities so estimated, within a period of two months from the date on which the securities matured or were sold and unless he does so the insurer shall be deemed to have failed to comply with the requirements of this section as to deposits; and (b) \tif the cash realised by the sale of or on the maturing of the securities (excluding in the former case the interest accrued) exceeds the market value of the securities at the date on which they were deposited with the Bank, the Government may, if satisfied that the full amount required to be deposited under sub-section (1) is in deposit, direct the Bangladesh Bank to return the excess. (10) If any part of a deposit made under this section is used in the discharge of any liability of the insurer, the insurer shall deposit such additional sum in cash or approved securities estimated at the market value of the securities on the day of deposit, or partly in cash and partly in such securities, as will make up the amount so used. The insurer shall be deemed to have failed to comply with the requirements of sub-section (1), unless the deficiency is supplied within a period of two months from the date when the deposit or any part thereof is so used for discharge of liabilities.",
"name": "Deposits",
"related_acts": "",
"section_id": 19
},
{
"act_id": 175,
"details": "8. (1) Any deposit made under section 7 or section 98 shall be deemed to be part of the assets of the insurer but shall not be susceptible of any assignment or charge; nor shall it be available for the discharge of any liability of the insurer other than liabilities arising out of policies of insurance issued by the insurer so long as any such liabilities remain undischarged; nor shall it be liable to attachment in execution of any decree except a decree obtained by a policy-holder of the insurer in respect of a debt due upon a policy which debt the policy-holder has failed to realise in any other way. (2) Where a deposit is made in respect of life insurance business the deposit made in respect thereof shall not be available for the discharge of any liability of the insurer other than liabilities arising out of policies of life insurance issued by the insurer.",
"name": "Reservation of deposits",
"related_acts": "",
"section_id": 20
},
{
"act_id": 175,
"details": "9. (1) Where an insurer has ceased to carry on in Bangladesh any class of insurance business in respect of which a deposit has been made under section 7 or section 98 and his liabilities in Bangladesh in respect of business of that class have been satisfied or are otherwise provided for, the Court may, on the application of the insurer, order the return to the insurer of so much of the deposit as does not relate to the classes of insurance, if any, which he continues to carry on. (2) Omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Refund of deposits",
"related_acts": "430",
"section_id": 21
},
{
"act_id": 175,
"details": "10. (1) Where the insurer carries on business of more than one of the classes specified in clauses (a), (b), (c) and (d) of sub-section (1) of section 7, he shall keep a separate account of all receipts and payments in respect of each such class of insurance business and where the insurer carries on business of the class specified in clause (d) of that sub-section whether alone or in conjunction with business of another class, he shall, unless the Chief Controller of Insurance waives this requirement in writing, keep a separate account of all receipts and payments in respect of each such sub-class of the class specified in clause (d) as may be prescribed in this behalf. (2) Where the insurer carries on the business of life insurance, all receipts due in respect of such business, shall be carried to and shall form a separate fund to be called the life insurance fund the assets of which shall be kept free from all encumbrances and distinct and separate from all other assets of the insurer and the deposit made by the insurer in respect of life insurance business shall be deemed to be a part to the assets of such fund; and every insurer shall furnish to the Chief Controller of Insurance along with the returns referred to in section 11, a statement showing in detail such assets as at the close of every calendar year duly certified by an auditor: Provided that an insurer may show in such statement all the assets held in his life department and any deductions on account of general reserves and other liabilities of that department: Provided further that the Chief Controller may call for a statement similarly certified of such assets as at any other date specified by him to be furnished within a period of three months from the date with reference to which the statement is called for. 39(2A) No insurer carrying on life insurance business shall be entitled to be registered for any class of insurance business in addition to the class or classes for which he has been already registered unless the Chief Controller of Insurance is satisfied that the assets of the life insurance fund of the insurer are adequate to meet all his liabilities on policies of life insurance maturing for payment. (3) \tThe life insurance fund shall be as absolutely the security of the life policy-holders as though it belonged to an insurer carrying on no other business than life insurance business and shall not be liable for any contracts of the insurer for which it would not have been liable had the business of the insurer been only that of life insurance and shall not be applied directly or indirectly for any purposes other than those of the life insurance business of the insurer.",
"name": "Separation of accounts and funds",
"related_acts": "",
"section_id": 22
},
{
"act_id": 175,
"details": "11. (1) Every insurer, in the case of an insurer specified in sub-clause (a) (ii) or sub-clause (b) of clause (9) of section 2 in respect of all insurance business transacted by him, and in the case of any other insurer in respect of the insurance business transacted by him in Bangladesh, shall at the expiration of each calendar year prepare with reference to that year- (a)\tin accordance with the regulations contained in Part I of the First Schedule, a balance-sheet in the form set forth in Part II of that Schedule; (b)\tin accordance with the regulations contained in Part I of the Second Schedule, a profit and loss account in the forms set forth in Part II of that Schedule, except where the insurer carries on business of one class only of the classes specified in clauses (a), (b) and (c) of sub-section (1) of section 7 and no other business; (c)\tin respect of each class or sub-class of insurance business for which he is required under sub-section (1) of section 10 to keep a separate account of receipts and payments, a revenue account in accordance with the regulations, and in the form or forms, set forth in the Third Schedule applicable to that class or sub-class of insurance business. (2) Unless the insurer is a company as defined in clause (2) of sub-section (1) of section 2 of the Companies Act, 1913, the accounts and statements referred to in sub-section (1) shall be signed by the insurer, or in the case of a company by the chairman, if any, and two directors and the principal officer of the company, or in the case of a firm by two partners of the firm and shall be accompanied by a statement containing the names and descriptions of the persons in charge of the management of the business during the period to which such accounts and statements refer and by a report by such persons on the affairs of the business during that period.",
"name": "Accounts and balance-sheet",
"related_acts": "",
"section_id": 23
},
{
"act_id": 175,
"details": "12. \tThe balance-sheet, profit and loss account, revenue account and profit and loss appropriation account of every insurer, in the case of an insurer specified in sub-clause (a)(ii) or sub-clause (b) of clause (9) of section 2 in respect of all insurance business transacted by him, and in the case of any other insurer in respect of the insurance business transacted by him in Bangladesh, shall, unless they are subject to audit under the Companies Act, 1913, be audited annually by an auditor, and the auditor shall in the audit of all such accounts have the powers of, exercise the functions vested in, and discharge the duties and be subject to the liabilities and penalties imposed on, auditors of companies by section 145 of the Companies Act, 1913.",
"name": "Audit",
"related_acts": "",
"section_id": 24
},
{
"act_id": 175,
"details": "4012A. (1) The books and records of every insurer, in the case of an insurer specified in sub-clause (a) (ii) or sub-clause (b) of clause (9) of section 2 in respect of all insurance business transacted by him, and in the case of any other insurer in respect of the insurance business transacted by him in Bangladesh, shall be audited annually by an auditor or auditors to be appointed every year by the Chief Controller of Insurance for making such investigation and submitting such reports as may be prescribed: Provided that the auditor or any of the auditors appointed under this section for any year of account shall not be the auditor or auditors employed by the insurer for an audit under the Companies Act, 1913 or under section 12 of this Act for that year of account. (2) \tAn auditor appointed under this section shall have a right of access to all such books of account, registers, vouchers, correspondence and other documents of the insurer, and shall be entitled to require from the directors and officers of the insurer such information and explanation, as may be necessary for the performance of his function and duties under this section. (3) \tEvery report prepared by an auditor or auditors appointed under this section shall be submitted in quadruplicate to the Chief Controller who may take such action thereon in accordance with the provisions of this Act as he deems fit. (4) \tAn auditor appointed under this section shall be paid by the insurer such fees as may be prescribed and in prescribing such fees regard shall be had to the size of the insurer and the class or classes of business transacted by him. (5) \tThe fee payable by an insurer under sub-section (4) shall be paid to the auditor within such time as may be specified by the Chief Controller.",
"name": "Special audit",
"related_acts": "",
"section_id": 25
},
{
"act_id": 175,
"details": "13. (1) Every insurer carrying on life insurance business shall, in respect of the life insurance business transacted by him in Bangladesh, and also in the case of an insurer specified in sub-clause (a) (ii) or sub-clause (b) of clause (9) of section 2 in respect of all life insurance business transacted by him, once at least in every 41two years cause an investigation to be made by an actuary into the financial condition of the life insurance business carried on by him, including a violation of his liabilities in respect thereto and shall cause an abstract of the report of such actuary to be made in accordance with the regulations contained in Part I of the Fourth Schedule and in conformity with the requirements of Part II of that Schedule. (1A) and (1B) Omitted by section 7 of the Insurance (Amendment) Ordinance, 1984 (Ordinance No. L of 1984). (2) The provisions of sub-section (1) regarding the making of an abstract shall apply whenever at any other time an investigation into the financial condition of the insurer is made with a view to the distribution of profits or an investigation is made of which the results are made public. (3) There shall be appended to every such abstract as is referred to in sub-section (1) or sub-section (2) a certificate signed by the principal officer of the insurer that full and accurate particulars of every policy under which there is a liability either actual or contingent have been furnished to the actuary for the purpose of the investigation. (4) There shall be appended to every such abstract a statement, in conformity with the requirements of Part II of the Fifth Schedule and prepared in accordance with the regulations contained in Part I of that Schedule, of the life insurance business in force at the date which the accounts of the insurer are made up for the purposes of such abstract: Provided that, if the investigation, referred to in sub-sections (1) and (2) is made annually by any insurer, the statement need not be appended every year but shall be appended at least once in every three years. (5) \tWhere an investigation into the financial condition of an insurer is made as at a date other than the expiration of the year of account, the accounts for the period since the expiration of the last year of account and the balance-sheet as at the date at which the investigation is made shall be prepared and audited in the manner provided by this Act. (6) The provisions of this section relating to life insurance business shall apply also to any such sub-class of miscellaneous insurance business as may be prescribed in this behalf: Provided that no sub-class of miscellaneous insurance business shall be prescribed under this sub-section if the insurance business comprised in the sub-class consists of insurance contracts which are terminable by the insurer at intervals not exceeding twelve months and under which if a claim arises, the insurer's liability to pay benefit ceases within one year of the date on which the claim arose: Provided further that the Chief Controller of Insurance may authorise such modifications and variations of the regulations contained in Part I of the Fourth and Fifth Schedules and of the requirements of Part II of those Schedules as may be necessary to facilitate their application to any such sub-class of miscellaneous insurance business: Provided also that if the Chief Controller of Insurance is satisfied that the number and amount of the transactions carried out by an insurer in any such sub-class of miscellaneous insurance business is so small as to render periodical valuation unnecessary, he may exempt that insurer from the operation of this sub-section in respect of that sub-class. (7) The valuation of liabilities under sub-section (1) shall be carried out in such a manner and on such basis that the actuarial reserves calculated in that manner and on that basis are not less than the actuarial reserves calculated in the manner and on the basis laid down by the Chief Controller of Insurance in this behalf.",
"name": "Actuarial report and abstract",
"related_acts": "",
"section_id": 26
},
{
"act_id": 175,
"details": "14. Every insurer, in the case of an insurer specified in sub-clause (a) (ii) or sub-clause (b) of clause (9) of section 2 in respect of all business transacted by him, and in the case of any other insurer in respect of the insurance business transacted by him in Bangladesh, shall maintain- (a)\ta register or record of policies, in which shall be entered, in respect of every policy issued by the insurer, the name and address of the policy-holder, the date when the policy was effected and a record of any transfer, assignment or nomination of which the insurer has notice, and (b)\ta register or record of claims, in which shall be entered every claim made together with the date of the claim, the name and address of the claimant and the date on which the claim was discharged, or, in the case of a claim which is rejected, the date of rejection and the grounds therefore.",
"name": "Register of policies and register of claims",
"related_acts": "",
"section_id": 27
},
{
"act_id": 175,
"details": "15. (1) The audited accounts and statements referred to in section 11 or sub-section (5) of section 13 and the abstract and statement referred to in section 13 shall be printed, and four copies thereof shall be furnished as returns to the Chief Controller of Insurance in the case of the accounts and statements referred to in section 11 or sub-section (5) of section 13 within six months and in the case of the abstract and statement referred to in section 13 within nine months from the end of the period to which they refer: Provided that the said period of six months shall in the case of insurers having their principal place of business or domicile outside Bangladesh and in the case of insurers constituted, incorporated or domiciled in Bangladesh but also carrying on business outside Bangladesh be extended by three months, and provided further that the Chief Controller may in any case extend the time allowed by this sub-section for the furnishing of such returns by a further period not exceeding one month. (2) \tOf the four copies so furnished one shall be signed in the case of a company by the Chairman and two directors and by the principal officer of the company and, if the company has a managing director by that director in the case of a firm, by two partners of the firm, and, in the case of an insurer being an individual, by the insurer himself and one shall be signed by the auditor who made the audit or the actuary who made the valuation, as the case may be. (3) \tWhere the insurer's principal place of business or domicile is outside Bangladesh, he shall forward to the Chief Controller of Insurance, along with the documents referred to in section 11, the balance-sheet, profit and loss account and revenue account and the valuation reports and valuation statements, if any, which the insurer is required to file with the public authority of the country in which the insurer is constituted, incorporated or domiciled, or, where such documents are not required to be filed, a certified statement showing the total assets and liabilities of the insurer at the close of the period covered by the said documents and his total income and expenditure during that period.",
"name": "Submission of returns",
"related_acts": "",
"section_id": 28
},
{
"act_id": 175,
"details": "16. Returns by insurers established outside the Provinces etc.- Omitted by section 16 of the Insurance (Amendment) Act, 1958 (Act No. XXVII of 1958).",
"name": "Omitted.",
"related_acts": "",
"section_id": 29
},
{
"act_id": 175,
"details": "17A. This Act not to apply to preparation of accounts, etc. for periods prior to this Act coming into force.- Omitted by section 17 of the Insurance (Amendment) Act, 1958 (Act No. XXVII of 1958).",
"name": "Omitted.",
"related_acts": "",
"section_id": 30
},
{
"act_id": 175,
"details": "17. Where an insurer, being a company incorporated under the Companies Act, 1913 or under the Indian Companies Act, 1882, or under the Indian Companies Act, 1866, or under any Act repealed thereby, in any year furnishes his balance sheet and accounts in accordance with the provisions of section 15, he may at the same time send to the Registrar of Companies copies of such balance-sheet and accounts; and where such copies are so sent it shall not be necessary for the company to file copies of the balance-sheet and accounts with the Registrar as required by sub-section (1) of section 134 of the first mentioned Act and such copies so sent shall be chargeable with the same fees and shall be dealt with in all respects as if they were filed in accordance with that section.",
"name": "Exemption from certain provisions of the Companies Act, 1913",
"related_acts": "",
"section_id": 31
},
{
"act_id": 175,
"details": "18. \tEvery insurer shall furnish to the Chief Controller of Insurance a certified copy of every report on the affairs of the concern which is submitted to the members or policy-holders of the insurer immediately after its submission to the members or policy-holders as the case may be.",
"name": "Furnishing reports",
"related_acts": "",
"section_id": 32
},
{
"act_id": 175,
"details": "19. \tEvery insurer, being a company or body incorporated under any law for the time being in force in Bangladesh, shall furnish to the Chief Controller of Insurance a certified copy of the minutes of the proceedings of every general meeting as entered in the Minutes Book of the insurer within thirty days from the holding of the meeting to which it relates.",
"name": "Abstract of proceedings of general meetings",
"related_acts": "",
"section_id": 33
},
{
"act_id": 175,
"details": "20. (1) Every return furnished to the Chief Controller of Insurance or a certified copy thereof shall be kept by the Chief Controller and shall be open to inspection; and any person may procure a copy of any such return, or of any part thereof, on payment of a fee of 42two Taka for every hundred words or fractional part thereof required to be copied, any five figures being deemed equivalent to one word. (2) A printed or certified copy of the accounts, statements and abstract furnished in accordance with the provisions of section 15 shall, on the application of any shareholder or policy-holder made at any time within two years from the date on which the document was so furnished, be supplied to him by the insurer within fourteen days when the insurer is constituted, incorporated or domiciled in Bangladesh and in any other case within one month of such application. (3) A copy of the memorandum and Articles of Association of the insurer, if a company, shall on the application of any policy-holder, be supplied to him by the insurer on payment of one Taka.",
"name": "Custody and inspection of documents and supply of copies",
"related_acts": "",
"section_id": 34
},
{
"act_id": 175,
"details": "21. (1) If it appears to the Chief Controller of Insurance that any return furnished to him under the provisions of this Act is inaccurate or defective in any respect, he may- (a)\trequire from the insurer such further information, certified if he so directs by an auditor or actuary, as he may consider necessary to correct or supplement such return; (b)\tcall upon the insurer to submit for his examination at the principal place of business of the insurer in Bangladesh any book of account, register or other document or to supply any statement which he may specify in a notice served on the insurer for the purpose; (c)\texamine any officer of the insurer on oath in relation to the return; (d)\tdecline to accept any such return unless the inaccuracy has been corrected or the deficiency has been supplied before the expiry of one month from the date on which the requisition asking for correction of the inaccuracy or supply of the deficiency was delivered to the insurer and if he declines to accept any such return, the insurer shall be deemed to have failed to comply with the provisions of section 15 or section 28 relating to the furnishing of returns. (2) Omitted by section 11 of the Insurance (Amendment) Ordinance, 1970 (Ordinance No. XXV of 1970).",
"name": "Powers of Chief Controller of Insurance regarding returns",
"related_acts": "",
"section_id": 35
},
{
"act_id": 175,
"details": "22. (1) If it appears to the Chief Controller of Insurance that an investigation or valuation to which section 13 refers does not properly indicate the condition of the affairs of the insurer by reason of the faulty basis adopted in the valuation, he may, after giving notice to the insurer and giving him an opportunity to be heard, cause an investigation and valuation as at such date as the Chief Controller of Insurance may specify to be made at the expense of the insurer by an actuary appointed by the insurer for this purpose and approved by the Chief Controller of Insurance and the insurer shall place at the disposal of the actuary so appointed and approved all the material required by the actuary for the purposes of the investigation and valuation within such period, not being less than three months, as the Chief Controller of Insurance may specify. (2) The provisions of sub-sections (1) and (4) of section 13, and of sub-sections (1) and (2) of section 15 shall apply in relation to an investigation and valuation under this section: Provided that the abstract and statement prepared as the result of such investigation and valuation shall be furnished by such date as the Chief Controller of Insurance may specify.",
"name": "Power of Chief Controller of Insurance to order revaluation \t23. \tEvidence of documents",
"related_acts": "",
"section_id": 36
},
{
"act_id": 175,
"details": "23. (1) Every return furnished to the Chief Controller of Insurance, which has been certified by the Chief Controller to be a return so furnished, shall be deemed to be a return so furnished. (2) Every document, purporting to be certified by the Chief Controller of Insurance, to be a copy of a return so furnished, shall be deemed to be a copy of that return and shall be received in evidence as if it were the original return, unless some variation between it and the original return is proved.",
"name": "Evidence of documents",
"related_acts": "",
"section_id": 37
},
{
"act_id": 175,
"details": "24. Summary of returns to be published.- Omitted by section 16 of the Insurance (Amendment) Act, 1941 (Act No. XIII of 1941).",
"name": "Omitted.",
"related_acts": "",
"section_id": 38
},
{
"act_id": 175,
"details": "25. (1) No insurer shall,- (a)\tmake, issue, circulate or cause to be made, issued or circulated, any estimate, illustration, circular or statement misrepresenting the terms of any policy issued or to be issued or the benefits or advantages promised thereby or the bonuses, shareholders' dividends or share of the surplus to be received thereon, or make any false or misleading statement as to be bonuses, shareholders' dividends or share of surplus previously paid on similar policies or make any misleading representation or any misrepresentation as to the financial condition of any insurer or use any name or title of any policy or class of policies misrepresenting the true nature thereof or make any misrepresentation to any policy-holder insured in any company for the purpose of inducing or tending to induce such policy-holder to lapse, forfeit or surrender his insurance; and(b)\tmake, publish, disseminate, circulate or place before the public, or cause, directly or indirectly, to be made, published, disseminated, circulated or placed before the public in a newspaper, magazine or other publication, or in the form of a notice, circular, pamphlet, letter or poster or in any other manner an advertisement, announcement or statement containing any assertion, representation or statement with respect to the business of insurance, or the financial position of any insurer or with respect to any person in the conduct of his insurance business, which is false, untrue, deceptive, misleading or calculated to injure any person engaged in the business of insurance: Provided that nothing contained in this section shall prevent an insurer from publishing any return in a form in which it has been furnished to the Chief Controller of Insurance or a true and accurate abstract from such returns or any other factual statement for the purposes of publicity.",
"name": "Returns to be published in statutory forms",
"related_acts": "",
"section_id": 39
},
{
"act_id": 175,
"details": "26. Whenever any alteration occurs or is made which affects any of the matters which are required under the provisions of sub-section (2) of section 3 to accompany an application by an insurer for registration, the insurer shall forthwith furnish to the Chief Controller of Insurance full particulars of such alteration. All such particulars shall be authenticated in the manner required by that sub-section for the authentication of the matters therein referred to, and, where the alteration affects the assured rates, advantages, terms and conditions offered in connection with life insurance policies, the actuarial certificate referred to in clause (f) of the said sub-section shall accompany the particulars of the alteration.",
"name": "Alterations in the particulars furnished with application for registration to be reported",
"related_acts": "",
"section_id": 40
},
{
"act_id": 175,
"details": "4327B. Except with the prior approval of the Board of Directors at a regularly convened meeting by the vote of not less than two-thirds of the total number of directors and also upon a reference by the Board, of the Government, no insurer shall invest in, or hold any shares or debentures of, any company, firm or other business concern in which any of its directors, or any member of the family of such director, has any interest as proprietor, partner, director, manager or managing agent: \tRestriction on certain investments etc. Provided that no investment shall be permissible in the first issue of capital by a company, firm or other business concern in which any of the directors of the insurer or any member of the family of such director has any interest as proprietor, partner, director, manager or managing agent.",
"name": "Restriction on certain investments, etc.",
"related_acts": "",
"section_id": 41
},
{
"act_id": 175,
"details": "27.\t(1) Every insurer shall invest and at all times keep invested in the manner provided in sub-section (2) assets equivalent to not less than the sum of - (a)\tthe amount of his liabilities to holders of life insurance policies in Bangladesh on account of matured claims; and (b)\tthe amount required to meet the liability on policies of life insurance maturing for payment in Bangladesh less- (i)\tthe amount of premiums which have fallen due to the insurer on such policies but have not been paid and the days of grace for payment of which have not expired, and (ii)\tany amount due to the insurer for loans granted on and within the surrender values of policies of life insurance maturing for payment in Bangladesh issued by him or by an insurer whose business he has acquired and in respect of which he has assumed liability: Provided that where an insurer has accepted reassurance in respect of any policies of life insurance issued by another insurer and maturing for payment in Bangladesh or has ceded reassurance to another insurer in respect of any such policies issued by himself, the said sum shall be increased by the amount of the liability involved in such acceptance and decreased by the amount of liability involved in such cession: Provided further that the said sum shall not be decreased by the amount of any liability in respect of any reinsurances ceded to an insurer not registered in Bangladesh for life insurance business except to the extent of the amount of the liability incurred up to the 31st December, 1957. (2) \tThe investment required under sub-section (1) shall be made in the following manner, namely:- 44(i)\tthirty per cent of the sum referred to in the said sub-section shall be invested in Government securities; and (ii)\tthe balance shall be invested in any other investment including capital market in such manner as may be prescribed. Explanation.- For the purpose of this sub-section the amount of any deposits made under section 7 or section 98 by the insurer in respect of his life insurance business shall be deemed to be invested or kept invested in Government securities. 45(2A) If at any time the Government is of the opinion that any investment made by an insurer in pursuance of sub-section (2) is not suitable or desirable, it may, after giving the insurer an opportunity of being heard, direct him to realise the investment within such time as may be specified in the direction and to re-invest the amount so realised in accordance with the provisions of this section. (3)\tIn computing the assets required by this section to be kept invested by an insurer, a sum equal to the amount of his liabilities to persons who are not citizens of Bangladesh in respect of life insurance policies issued in Bangladesh in favour of such persons but expressed in a currency other than the Bangladesh Taka may, if such sum is invested in securities of, and guaranteed as to principal and interest by, the Government of the country in whose currency such policies are expressed, be taken into account. (4) \tThe assets required by this section to be kept invested by an insurer shall be deposited by the insurer in Bangladesh for safe custody in the prescribed manner with a scheduled bank approved by the Government and the assets so deposited shall not be released or dealt with in any manner except in such circumstances and in such manner as may be prescribed: Provided that the Government may, by notification in the official Gazette, exclude from the requirements of this sub-section any approved investments which cannot be deposited for safe custody with a scheduled bank on account of the nature of such investments.",
"name": "Investment of assets",
"related_acts": "",
"section_id": 42
},
{
"act_id": 175,
"details": "4627A. (1) Every insurer transacting general insurance business in Bangladesh shall have assets invested in Bangladesh exceeding his liabilities by at least a sum of five lakhs of Taka or ten per cent of the net premium income, whichever is the higher: Provided that an insurer defined in sub-clause (a) (ii) or sub-clause (b) of clause (9) of section 2 who has no paid-up capital or has a paid-up capital of less than five lakhs of Taka shall be deemed to have complied with the requirements of this sub-section if the assets invested by him in Bangladesh, not being less than ten per cent of the net premium income, exceed his liability,- (a)\tup to the 31st day of December, 1970, by a sum of not less than two lakh and fifty thousand Taka; (b)\tup to the 31st day of December, 1971, by a sum of not less than three lakh seventy-five thousand Taka; and (c)\tup to the 31st day of December, 1972, by five lakh Taka. (2)\tFor the purpose of sub-section (1), the following shall be deemed to be the liability of the insurer, namely:- (a)\tthe net claims outstanding in respect of general insurance business in Bangladesh; (b)\tforty per cent of the net premium in respect of Fire, Marine and Miscellaneous insurance business written in Bangladesh; (c)\tone hundred per cent of the net premium in respect of Marine and Aviation Hull insurance business written in Bangladesh; (d) \tamount of provision for dividends and unpaid dividends; (e)\tamount due to Insurance Companies carrying on insurance business; (f)\tamount provided for taxation; (g)\tamount due to other creditors but excluding share capital, general reserves, investment reserve, reserve for bad and doubtful debts, depreciation funds except on such items as are taken credits for as “assets”. Explanation.- Marine and Aviation Hull insurance business shall include any policies issued to an owner of a vessel or aircraft relating to any interest of such an owner in respect of a vessel or aircraft. (3) For the purpose of computing assets referred to in sub-section (1), the following shall be excluded to the extent specified, namely:- (a)\tin respect of premium outstanding as at 31st January, 1958, which still remains to be collected so much as still remains to be collected till the signing of the returns under section 15 by the auditors; (b)\tin respect of the premium outstanding as at the end of 31st December, 1958, and subsequent years, so much as has not been collected by the 31st March next following; (c)\tsundry debts outstanding as have not been recovered till the signing of the returns under section 15 by the auditors; (d)\tfurniture and fixtures, stationery, dead-stock; (e)\tdeferred and prepaid expenses to the extent determined by the Chief Controller of Insurance. (4) \tNotwithstanding anything contained in sub-section (1), an insurer carrying on business at the commencement of the Insurance (Amendment) Ordinance, 1960, to whom that sub-section applies, shall be deemed to have complied with the requirements of this section if he has invested not less than one-fourth of the amount required to be invested before 31st December, 1960, not less than one-half before 31st December, 1961, and not less than three fourth before 31st December, 1962. (5) \tEvery insurer carrying on general insurance business in Bangladesh shall, along with the returns under section 15, submit to the Chief Controller of insurance a return certified by an auditor showing as at 31st day of December of the preceding year the assets invested in Bangladesh and all other particulars necessary to establish that the requirements of this section have been complied with and such return shall be certified by a principal officer of the insurer. (6) The Chief Controller of Insurance may, at any time, take such steps as he may consider necessary for the inspection or verification of the assets invested in pursuance of sub-section (1) or for the purpose of securing the particulars necessary to establish that the requirements of that sub-section have been complied with and the insurer shall comply with any requisition made in this behalf by the Chief Controller of Insurance and if he fails to do so within two months from the receipt of the requisition he shall be deemed to have made default in complying with the requirements of this section.",
"name": "Insurers of general insurance business to have assets invested in Bangladesh",
"related_acts": "",
"section_id": 43
},
{
"act_id": 175,
"details": "28. \t(1) Every insurer registered under this Act carrying on the business of life insurance shall every year, within thirty-one days from the beginning of the year, submit to the Chief \tStatement of investments of assets Controller of Insurance a return showing as at the 31st day of December of the preceding year the assets held invested in accordance with section 27, and all other particulars necessary to establish that the requirements of that section have been complied with, and such return shall be certified by a principal officer of the insurer. (2) Every such insurer shall also furnish, within fifteen days from the last day of March, June and September, a return certified as aforesaid showing as at the end of each of the said months the assets held invested in accordance with section 27. (3) The Chief Controller of Insurance may at his discretion require any insurer to whom sub-section (1) applies to submit before the 1st day of August in each or any year a return of the nature referred to in sub-section (1), certified as required by that sub-section and prepared as at the 30th day of June. (4) In the case of an insurer having his principal place of business or domicile outside Bangladesh, the Chief Controller of Insurance may, on application made by the insurer, extend the periods of fifteen and thirty-one days mentioned in the foregoing sub-sections to thirty days and sixty days, respectively. (5) The Chief Controller of Insurance shall be entitled at any time to take such steps as he may consider necessary for the inspection or verification of the assets invested in compliance with section 27 or for the purpose of securing the particulars necessary to establish that the requirements of that section have been complied with. The insurer shall comply with any requisition made in this behalf by the Chief Controller of Insurance, and if he fails to do so within two months from the receipt of the requisition he shall be deemed to have made default in complying with the requirements of this section.",
"name": "Statement of investments of assets",
"related_acts": "",
"section_id": 44
},
{
"act_id": 175,
"details": "29.(1) No insurer shall grant to, or to any member of the family of, any director, manager, actuary, auditor or officer of the insurer any loan or temporary advance, either on hypothecation or property or on personal security or otherwise, except a loan on life policies issued by the insurer within the surrender value. (2) Except with the prior approval of the Board of Directors at a regularly convened meeting by the vote of not less than two-thirds of the total number of directors and also, upon a reference by the Board, of the Government, no insurer shall grant any loan or temporary advance to any firm or company in which any director, manager, actuary, auditor or officer of the insurer, or any member of the family of such director, manager, actuary, auditor or officer, has any interest as proprietor, partner, director, manager or managing agent. (3) The director concerned shall not vote at, or otherwise participate in, the proceedings of the meeting of the Board considering the grant of any such loan or advance as is referred to in sub-section (2). (4) Where any event occurs giving rise to circumstances the existence of which at the time of the grant of any subsisting loan or temporary advance would have made such grant a contravention of sub-section (1) or sub-section (2), such loan shall, notwithstanding any contract to the contrary, be repaid within three months from the occurrence of such event and, in case of default, the director, manager, actuary, auditor or officer concerned shall, without prejudice to any other penalty to which he may be liable, cease to hold office with the insurer granting the loan or advance on the expiry of the said three months. (5) \tNothing in sub-section (1) or sub-section (2) shall apply to loans or advances granted by an insurer to a banking company or to a subsidiary company being an insurer or to any insurer to which the insurer granting the loan or advance is a subsidiary company. (6) \tNothing in sub-section (1) shall apply to any stipend paid to any insurance agent or employer of agents while he is undergoing a course of training approved by the Government. (7) \tThe provisions of section 86D of the Companies Act, 1913 (VII of 1913), shall not apply to a loan granted to a director of an insurer being a company, if the loan is one granted on the security of a policy on which the insurer bears the risk and the policy was issued to the director on his own life, and the loan is within the surrender value of the policy. (8) \tSubject to the provisions of sub-section (1) no insurer shall grant to any employee, insurance agent or employer of agents any loan or temporary advances except- (a)\tloans on life policies issued by him to an employee, insurance agent or employer of agents within their surrender value; (b)\tloans on mortgage of immovable property provided- (i) \tthe Chief Controller of Insurance certified that the insurer, if he transacts life insurance business, has complied with the provision of section 27; (ii) \tthe value of the property is at least twice the amount of the loan; (iii)\tthe property is situated in such towns as may be notified in this behalf; (iv) \tthe loan is made in such instalments 47as may be decided by the Board of Directors of the insurer if the purpose of the loan is to construct a house; (v) \tthe loan is repayable within a period of fifteen years; and (vi)\tthe loan is of such amount that the instalment of capital and interest does not exceed one-fourth of the basic salary of the employee or one-fourth of the renewal commission or over-riding commission of an agent or an employer of agents, as the case may be, during a year; (c)\tloans for the purchase of a conveyance to an employee, insurance agent or employer of agents, provided- (i)\tthe employee, insurance agent or employer of agents has served the insurer continually for such period 48as may be decided by the Board of Directors of the insurer; (ii)\tthe conveyance purchased is mortgaged to the insurer; (iii)\tthe loan does not exceed such amount, and is subject to such conditions as to the time allowed for its repayment, 49as may be decided by the Board of Directors of the insurer 50: Provided that the total loan referred to in sub-clause (b) (iv) and (c) shall not exceed ten per cent of the net profit of the preceding year of the insurer after payment of income tax; (d)\ttemporary advances to an employee, insurance agent or employer of agents not exceeding,- (i)\tin the case of an employee, two months' salary; (ii)\tin the case of an insurance agent, the renewal commission earned by him during two years immediately preceding the date of application for the advance, or a sum not exceeding two hundred and fifty Taka if he has not earned a renewal commission or has earned a renewal commission of less than two hundred and fifty Taka; and (iii)\tin the case of an employer of agents, the renewal commission and the over-riding renewal commission earned by him during the year immediately preceding the date of application for the advance, or a sum not exceeding one thousand Taka if he has not earned any renewal commission and over-riding renewal commission or has earned a renewal commission and over-riding renewal commission of less than one thousand Taka: Provided that, in respect of the life insurance business of an insurer, the total temporary advances referred to in this clause shall not exceed at any time ten thousand Taka, in the case of insurers having a life insurance fund of less than ten lakhs of Taka and one per cent of the life insurance fund subject to a maximum of two hundred thousand Taka, in any other case.",
"name": "Prohibition of loans",
"related_acts": "",
"section_id": 45
},
{
"act_id": 175,
"details": "30. \tIf by reason of contravention of any of the provisions of section 27 or section 29, any loss is sustained by the insurer or by the policy-holders, every director, manager, officer or partner who is knowingly a party to such contravention shall, without prejudice to any other penalty to which he may be liable under this Act, be jointly and severally liable to make good the amount of such loss.",
"name": "Liability of directors, etc., for loss due to contraventions of sections 27 and 29",
"related_acts": "",
"section_id": 46
},
{
"act_id": 175,
"details": "32. No insurer shall appoint a managing agent for the conduct of his business.",
"name": "Appointment of managing agent prohibited",
"related_acts": "",
"section_id": 47
},
{
"act_id": 175,
"details": "31. (1) None of the assets in Bangladesh of any insurer shall, except in the case of deposits made with the Bangladesh Bank under section 7 or section 98 or in so far as assets are required to be deposited for safe custody with a scheduled bank under sub-section (4) of section 27, be kept otherwise than in the name of a public officer approved by the Government, or in the corporate name of the undertaking, if a company, or in the name of the partners, if a firm, or in the name of the proprietor, if an individual. (2) Omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Assets of insurer how to be kept",
"related_acts": "430",
"section_id": 48
},
{
"act_id": 175,
"details": "5132A. (1) The Chief Controller of Insurance may, if he is satisfied that any insurer in the case of an insurer specified in sub-clause (a) (ii) or sub-clause (b) of clause (9) of section 2 in respect of all insurance business transacted by him and in the case of any other insurer in respect of the insurance business transacted by him in Bangladesh is paying any person remuneration, whether by way of commission or otherwise, on a scale disproportionate according to the normal standards prevailing in insurance business to the resources of the insurer, call upon the insurer to comply within six months with such directions as he may think fit to issue in the matter and if compliance with the direction so issued required the modification of any of the terms of the contract entered into by the insurer with such person no compensation shall be payable to such person by the insurer by reason only of such modification or of the resignation of such person if the modified terms are not acceptable to him and no payment by way of renewal commission or otherwise shall be made to such person by the insurer in respect of any payments made after the date of such resignation except at such rates as may be approved by the Chief Controller of Insurance in this behalf. (2) \tEvery insurer shall before the 30th day of June, 1958, and thereafter before the first day of March every year submit to the Chief Controller of Insurance a statement in the prescribed form showing the remuneration paid by way of commission or otherwise to any person in cases where such remuneration exceeds the sum of six thousand Taka in the previous calendar year. (3) Where an insurer pays any person remuneration exceeding six thousand Taka a year in pursuance of any agreement between him and such person, the Chief Controller may, by notice in writing, require the insurer to submit a certified copy of such agreement and the insurer shall comply with any such requisition within the time specified in the notice.",
"name": "Power to restrict payment of excessive remuneration",
"related_acts": "",
"section_id": 49
},
{
"act_id": 175,
"details": "32B. (1) Notwithstanding anything to the contrary contained in the Companies Act, 1913, or in the Articles of Association of the insurer, if a company, or in any contract or agreement, no insurer shall, after the expiry of one year from the commencement of the Insurance (Amendment) Act, 1958, be directed or managed by, or employ as manager or officer or in any capacity, any person whose remuneration or any part thereof takes the form of commission or bonus on the total insurance business or on the total business of any class or sub-class of insurance business or on a part of any class or sub-class of general insurance business transacted by the insurer: Provided that nothing in this sub-section shall be deemed to prohibit- (i)\tthe payment of commission to an insurance agent or employer of agents in respect of any insurance business procured by or through him; (ii)\tthe employment of any individual in a clerical or other subordinate capacity who, as an insurance agent, receives commission in respect of insurance business procured by him; (iii)\tthe employment as an officer of any individual who receives commission in respect of life insurance business procured by him in his capacity as an insurance agent or as an employer of agents; (iv)\tthe payment of a share in the profit of general insurance business; (v)\tthe payment of bonus in any year on a uniform basis to all salaried employees or any class of them by way of additional remuneration, such bonus, in the case of any employee, not exceeding in amount the equivalent of his salary for a period which, in the opinion of the Government, is reasonable having regard to the circumstances of the case. (2) No person shall have any right, whether in contract or otherwise, to any compensation for any loss incurred by reason of the operation of any provision of this section.",
"name": "Provisions relating to managers, etc.",
"related_acts": "",
"section_id": 50
},
{
"act_id": 175,
"details": "33. (1) The Chief Controller may, at any time investigate the affairs of an insurer and, wherever necessary, employ an auditor or actuary or both for assisting him in any such investigation. (2) \tIt shall be the duty of every manager, managing director or other officer of the insurer to produce before the Chief Controller, auditor or actuary all such books of account, registers and other documents in his custody or power and to furnish him with any such statement or information relating to the affairs of the insurer within such time as the Chief Controller, auditor or actuary may require. (3)\tWhen an investigation is made under this section, the Chief Controller may, after giving an opportunity to the insurer to make a representation in writing or be heard in person, by order in writing,- (a)\trequire the insurer to take such action in respect of any matter arising out of the investigation as he may think fit to secure compliance with the provisions of this Act, or (b)\tcancel the registration of the insurer under clause (f) of sub-section (4) of section 3, or (c)\tapply to the Court for the winding up of the insurer, if a company, whether the registration of the insurer has been cancelled under clause (b) or not. (4) \tNo order made under this section other than an order made under clause (b) of sub-section (3) shall be called in question in any Court. (5) \tAll expenses of, and incidental to, any investigation made under this section shall be defrayed by the insurer, and shall have priority as debts due from the insurer and be recoverable as an arrear of land revenue.",
"name": "Power of Chief Controller of Insurance to order investigation",
"related_acts": "",
"section_id": 51
},
{
"act_id": 175,
"details": "34. All the books and records of every insurer specified in sub-clause (a) (ii) or sub-clause (b) of clause (9) of section 2 in respect of all insurance business transacted by him and in the case of any other insurer in respect of the insurance business transacted by him in Bangladesh shall at all reasonable times be open to inspection by the Chief Controller of Insurance or any other person appointed by him in this behalf.",
"name": "Powers of investigator",
"related_acts": "",
"section_id": 52
},
{
"act_id": 175,
"details": "5234A. (1) The Chief Controller of Insurance may, from time to time, issue such directions as he may deem fit to all or any of the insurers if he is satisfied that it is necessary so to do- (a)\tin the public interest, or (b)\tto prevent the affairs of any insurer being conducted in any manner detrimental to the interests of the policy-holders or of the insurer, or (c)\tgenerally to secure the proper management of the insurer. (2) \tThe Chief Controller of Insurance may, on representation made in this behalf, or on his own motion, modify or cancel any direction issued under sub-section (1) and may, in so modifying or cancelling a direction, impose such conditions as he may deem fit. (3) \tEvery insurer shall comply with any direction issued under sub-section (1) or such direction as modified under sub-section (2) subject to conditions, if any. (4) \tNo direction under sub-section (1) or modification or cancellation under sub-section (2) or any such direction shall be issued without the prior approval of the Government.",
"name": "Power to give directions to the insurer",
"related_acts": "",
"section_id": 53
},
{
"act_id": 175,
"details": "34B. The Chief Controller of Insurance may, during the course, or after the completion of special audit under section 12A or investigation under section 33, by order in writing, and on such terms and conditions as may be specified therein,- (a)\trequire the insurer to call a meeting of its directors for the purpose of considering any matter relating to, or arising out of, the affairs of the insurer; (b)\trequire the principal officer of the insurer to discuss any matter with him or any of his officers; (c)\trequire the insurer to allow any officer deputed for the purpose to watch the proceedings of, and to speak at, any meeting of the Board of Directors of the insurer or of any committee or other body constituted by the insurer and to furnish such officer with a copy of the proceedings of such meeting; (d)\trequire the insurer to send in writing to any officer specified in this behalf by the Chief Controller, at the usual address of such officer, all notices of, and other communications relating to, any meeting of the Board of Directors of the insurer, or of any Committee or other body constituted by the insurer; (e)\trequire the insurer to allow any officer appointed or deputed for the purpose to observe for a specified period which may be extended from time to time the manner in which the affairs of the insurer or of any of its officers or branches are being conducted: Provided that such order has been passed with the prior approval of the Government; and (f)\twith the prior approval of the Government, require the insurer to make within such time as may be specified in the order such changes in the management as the Chief Controller may consider necessary to put the affairs of the insurer in order.",
"name": "Power to require calling of meeting of directors, etc.",
"related_acts": "",
"section_id": 54
},
{
"act_id": 175,
"details": "34C. (1) If, after the completion of a special audit under section 12A or investigation under section 33, the Chief Controller has reason to believe that a person holding the office of the Chairman, a director, manager or principal officer, by whatever name called, of an insurer has contravened the provisions of any law and that the contravention is of such a nature that the association of such person with the insurer is or is likely to be detrimental to the interests of the insurer or of the policy-holders, or is otherwise undesirable, the Chief Controller shall, after giving such person an opportunity of being heard, make a report of the fact to the Government. (2) \tIf, after considering a report under sub-section (1), the Government is satisfied that the association with the insurer of the person in respect of whom the report has been made is or is likely to be detrimental to the interests of the insurer or of the policy-holders, or is otherwise undesirable, it may make an order that such person shall cease to hold the office with the insurer with effect from such date as may be specified in the order, and thereupon that office shall, with effect from the said date, become vacant. (3) \tAn order under sub-section (2) in respect of any person may also provide that he shall not, without the previous permission of the Government in writing, in any way, directly or indirectly, be concerned with, or take part in the management of, the insurer or any other insurer for such period not exceeding five years as may be specified in the order. (4) \tNo order under sub-section (2) shall be made in respect of any person without giving him an opportunity of being heard unless the Government is of the opinion that any delay in making the order would be detrimental to the interests of the insurer or of the policy-holders.",
"name": "Power to remove Chairman, Director, etc., of the insurer",
"related_acts": "",
"section_id": 55
},
{
"act_id": 175,
"details": "35. (1) No life insurance business of an insurer specified in sub-clause (a) (ii) or sub-clause (b) of clause (9) of section 2 shall be transferred to any person or transferred to or amalgamated with the life insurance business of any other insurer except in accordance with a scheme prepared under this section and sanctioned by the Court having jurisdiction over one or other of the parties concerned. (2) \tAny scheme prepared under this section shall set out the agreement under which the transfer or amalgamation is proposed to be effected, and shall contain such further provisions as may be necessary for giving effect to the scheme. (3) \tBefore an application is made to the Court to sanction any such scheme, notice of the intention to make the application together with a statement of the nature of the amalgamation or transfer, as the case may be and of the reason therefore shall, at least two months before the application is made, be sent to the Government, and certified copies, four in number, of each of the following documents shall be furnished to the Government, and other such copies shall during the two months aforesaid be kept open for the inspection of the members and policy-holders at the principal and branch offices and chief agencies of the insurers concerned, namely:- (a)\ta draft of the agreement or deed under which it is proposed to effect the amalgamation or transfer; (b)\tbalance-sheets in respect of the insurance business of each of the insurers concerned in such amalgamation or transfer, prepared in the Form set forth in part II of the First Schedule and in accordance with the regulations contained in Part I of that Schedule; (c)\tactuarial reports and abstracts in respect of the life insurance business of each of the insurers so concerned, prepared in conformity with the requirements of Part II of the Fourth and Fifth Schedules and in accordance with the regulations contained in Part I of the Schedule concerned; (d)\ta report on the proposed amalgamation or transfer prepared by an independent actuary who has never been professionally connected with any of the parties concerned in the amalgamation or transfer at any time in the five years preceding the date on which he signs his report; (e)\tany other reports on which the scheme of amalgamation or transfer was founded. The balance-sheets, reports and abstracts referred to in clauses (b), (c) and (d) shall all be prepared as at the date at which the amalgamation or transfer if sanctioned by the Court is to take effect, which date shall not be more than twelve months before the date on which the application to the Court is made under this section: Provided that if the Government so directs in the case of any particular insurer there may be substituted respectively for the balance-sheet, report and abstract referred to in clauses (b) and (c) prepared in accordance with this sub-section certified copies of the last balance-sheet and last report and abstract prepared in accordance with sections 11 and 13 if that balance-sheet is prepared as at a date not more than twelve months, and that report and abstract as at a date not more than five years before the date on which the application to the Court is made under this section.",
"name": "Amalgamation and transfer of Insurance business",
"related_acts": "",
"section_id": 56
},
{
"act_id": 175,
"details": "36. When any application such as is referred to in sub-section (3) of section 35 is made to the Court, the Court shall cause, if for special reasons it so directs, notice of the application to be sent to every person resident in Bangladesh 53* * * who is the holder of a life policy of any insurer concerned and shall cause a statement of the nature and terms of the amalgamation or transfer, as the case may be, to be published in such manner and for such period as it may direct, and after hearing the directors and such policy-holders as apply to be heard and any other persons whom it considers entitled to be heard, may sanction the arrangement, if it is satisfied that no \tSanction of amalgamation and transfer by Court sufficient objection to the arrangement has been established and shall make such consequential orders as are necessary to give effect to the arrangement, including orders as to the disposal of any deposit made under section 7 or section 98: Provided that- (a)\tno part of the deposit made by any party to the amalgamation or transfer shall be returned except where, after effect is given to the arrangement, the whole of the deposit to be made by the insurer carrying on the amalgamated business or the person to whom the business is transferred is completed, (b)\tonly so much shall be returned as is no longer required to complete the deposit last mentioned in clause (a), and (c)\twhile the deposit last mentioned in clause (a) remains incompleted, no accession, resulting from the arrangement, to the amount already deposited by the insurer carrying on the amalgamated business or the person to whom the business is transferred shall be appropriated as payment or part payment of any instalment of deposit subsequently due from him under section 7 or section 98.",
"name": "Sanction of amalgamation and transfer by Court",
"related_acts": "",
"section_id": 57
},
{
"act_id": 175,
"details": "37. Where an amalgamation takes place between any two or more insurers, or where any business of an insurer is transferred whether in accordance with a scheme confirmed by the Court or otherwise, the insurer carrying on the amalgamated business or the person to whom the business is transferred as the case may be, shall, within three months from the date of the completion of the amalgamation or transfer, furnish in duplicate to the Government- (a)\ta certified copy of the scheme, agreement or deed under which the amalgamation or transfer has been effected, and (b)\ta declaration signed by every party concerned or in the case of a company by the chairman and the principal officer that to the best of their belief every payment made or to be made to any person whatsoever on account of the amalgamation or transfer is therein fully set forth and that no other payments beyond those set forth have been made or are to be made either in money, policies, bonds, valuable securities or other property by or with the knowledge of any parties to the amalgamation or transfer, and (c)\twhere the amalgamation or transfer has not been made in accordance with a scheme sanctioned by the Court under section 36- (i)\tbalance-sheets in respect of the insurance business of each of the insurers concerned in such amalgamation or transfer, prepared in the Form set forth in Part II of the First Schedule and in accordance with the regulations contained in Part I of that Schedule, and (ii)\tcertified copies of any other reports on which the scheme of amalgamation or transfer was founded.",
"name": "Statements required after amalgamation and transfer",
"related_acts": "",
"section_id": 58
},
{
"act_id": 175,
"details": "38. (1) A transfer or assignment of a policy of life insurance, whether with or without consideration, may be made only by an endorsement upon the policy itself or by a separate instrument, signed in either case by the transferor or by the assignor or his duly authorised agent and attested by at least one witness, specifically setting forth the fact of transfer or assignment.\tAssignment and transfer of insurance policies (2) \tThe transfer or assignment shall be complete and effectual upon the execution of such endorsement or instrument duly attested but except where the transfer of assignment is in favour of the insurer shall not be operative as against an insurer and shall not confer upon the transferee or assignee, or his legal representative, any right to sue for the amount of such policy or the moneys secured thereby until a notice in writing of the transfer or assignment and either the said endorsement or instrument itself or a copy thereof certified to be correct by both transferor and transferee or their duly authorised agents have been delivered to the insurer: Provided that where the insurer maintains one or more places of business in Bangladesh, such notice shall be delivered only at the place in Bangladesh mentioned in the policy for the purpose or at his principal place of business in Bangladesh. (3) \tThe date on which the notice referred to in sub-section (2) is delivered to the insurer shall regulate the priority of all claims under a transfer or assignment as between persons interested in the policy; and where there is more than one instrument of transfer or assignment the priority of the claims under such instruments shall be governed by the order in which the notices referred to in sub-section (2) are delivered. (4) \tUpon the receipt of the notice referred to in sub-section (2), the insurer shall record the fact of such transfer or assignment together with the date thereof and the name of the transferee or the assignee and shall, on the request of the person by whom the notice was given, or of the transferee or assignee, on payment of a fee not exceeding one Taka grant a written acknowledgement of the receipt of such notice, and any such acknowledgment shall be conclusive evidence against the insurer that he has duly received the notice to which such acknowledgement relates. (5) \tSubject to the terms and conditions of the transfer or assignment, the insurer shall, from the date of the receipt of the notice referred to in sub-section (2), recognise the transferee or assignee named in the notice as the only person entitled to benefit under the policy, and such person shall be subject to all liabilities and equities to which the transferor or assignor was subject at the date of the transfer or assignment and may institute any proceedings in relation to the policy without obtaining the consent of the transferor or assignor or making him a party to such proceedings. (6) Any rights and remedies of an assignee or transferee of a policy of life insurance under an assignment or transfer effected prior to the commencement of this Act shall not be affected by the provisions of this section. (7) \tNotwithstanding any law or custom having the force of law to the contrary, an assignment in favour of a person made with the condition that it shall be inoperative or that the interest shall pass to some other person on the happening of a specified event during the lifetime of the person whose life is insured, and an assignment in favour of the survivor of survivors of a number of persons, shall be valid.",
"name": "Assignment and transfer of insurance policies",
"related_acts": "",
"section_id": 59
},
{
"act_id": 175,
"details": "39. (1) The holder of a policy of life insurance on his own life, may, when effecting the policy or at any time before the policy matures for payment, nominate the person or persons to whom the money secured by the policy shall be paid in the event of his death:\tNomination by policy-holder Provided that where any nominee is a minor, it shall be lawful for the policy-holder to appoint in the prescribed manner any person to receive the money secured by the policy in the event of his death during the minority of the nominee. (2) \tAny such nomination in order to be effectual shall, unless it is incorporated in the text of the policy itself, be made by an endorsement on the policy communicated to the insurer and registered by him in the records relating to the policy and any such nomination may at any time before the policy matures for payment be cancelled or changed by an endorsement or a further endorsement or a will, as the case may be, but unless notice in writing of any such cancellation or change has been delivered to the insurer, the insurer shall not be liable for any payment under the policy made bona fide by him to a nominee mentioned in the text of the policy or registered in records of the insurer. (3) The insurer shall furnish to the policy-holder a written acknowledgement of having registered a nomination or a cancellation or change thereof, and may charge a fee not exceeding one Taka for registering such cancellation or change. (4) \tA transfer or assignment of a policy made in accordance with section 38 shall automatically cancel a nomination: Provided that the assignment of a policy to the insurer who bears the risk on the policy at the time of the assignment, in consideration of a loan granted by that insurer on the security of the policy within its surrender value, or its re-assignment on repayment of the loan shall not cancel a nomination, but shall affect the rights of the nominee only to the extent of the insurer's interest in the policy. (5) \tWhere the policy matures for payment during the lifetime of the person whose life is insured or where the nominee or, if there are more nominees, than one, all the nominees die before the policy matures for payment, the amount secured by the policy shall be payable to the policy-holder or his heirs or legal representatives or the holder of a succession certificate, as the case may be. (6) \tWhere the nominee or, if there are more nominees than one, a nominee or nominees survive the person whose life is insured, the amount secured by the policy shall be payable to such survivor or survivors. (7) \tThe provisions of this section shall not apply to any policy of life insurance to which section 6 of the Married Women's Property Act, 1874, applies or has at any time applied: Provided that where a nomination made whether before or after the commencement of the Insurance (Amendment) Act, 1946, in favour of the wife of the person who has insured his life or of his wife and children or any of them is expressed, whether or not on the face of the policy, as being made under this section, the said section 6 shall be deemed not to apply or not to have applied to the policy.",
"name": "Nomination by policy-holder",
"related_acts": "30",
"section_id": 60
},
{
"act_id": 175,
"details": "40. 54(1) No person shall pay or contract to pay any remuneration or reward whether by way of commission or otherwise for soliciting or procuring insurance business in Bangladesh to any person except an insurance agent or an employer of agent. (1A) Omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973). 55(1B) No person shall pay and no insurance agent shall receive any renewal commission in respect of a life insurance business after the expiry of licence during the validity of which such business was procured by the insurance agent unless such licence has been renewed under sub-section (4) of section 42. Explanation.- For the purposes of this sub-section all the life insurance business to the credit of an insurance agent as at the date of the expiry of his licence, shall be deemed to have been procured by the insurance agent while holding the licence valid on the said date. (2) \tNo insurance agent shall be paid or contract to be paid by way of commission or as remuneration 56in any form an amount exceeding, in the case of life insurance business, forty per cent of the first year's premium payable on any policy or policies effected through him and five per cent of a renewal premium payable on such a policy, 57or, in the case of business of any other class, fifteen per cent of the premium: Provided that insurers, in respect of 58life insurance policy only, may pay, during the first ten years of their business, to their insurance agents fifty-five per cent of the first year's premium payable on any policy or policies effected through them and six per cent of the renewal premiums payable on such policies. 59* * * 60(2A) Save as hereinafter provided, no insurance agent shall be paid or contract to be paid by way of commission or as remuneration in any form any amount in respect of any policy not effected through him: Provided that where a policy of life insurance has lapsed, and it cannot, under the terms and conditions applicable to it be revived without further medical examination of the person whose life was insured thereby, an insurer, after giving by notice in writing, to the insurance agent through whom the policy was effected if such agent continues to be an agent of the insurer, an opportunity to effect the revival of the policy within a time specified in the notice, being not less than one month from the date of the receipt by him of the notice, may pay to another insurance agent who effects the revival of the policy an amount calculated at a rate not exceeding the rate of commission at which the agent through whom the policy was effected would have been paid had the policy not lapsed, on the sum payable on revival of the policy on account of arrear premiums (excluding any interest on such arrear premiums) and also on the subsequent renewal premiums payable on the policy. (3) Nothing in this section shall prevent the payment under any contract existing prior to the 27th day of January, 1937, of gratuities or renewal commission to any person, whether an insurance agent within the meaning of this Act or not, or to his representatives after his decease in respect of insurance business effected through him before the said date.",
"name": "Prohibition of payment by way of commission or otherwise for procuring business",
"related_acts": "430",
"section_id": 61
},
{
"act_id": 175,
"details": "6140A. (1) No person shall pay or contract to pay an insurance agent, and no insurance agent shall receive or contract to receive by way of commission or remuneration in any form in respect of any policy of life insurance issued in Bangladesh by an insurer after the commencement of the Insurance (Amendment) Ordinance, 1970, and effected through an insurance agent, an amount exceeding such maximum percentage or below such minimum percentage as may be prescribed: \tProvided that in prescribing such percentages regard shall be had to - (a)\tthe type of the life insurance business; (b)\tthe term of the policy; (c)\tthe amount of business procured by the agent during a calendar year; (d)\tthe number of policies lapsing from out of the business procured by the agent; (e)\tthe age of the insurer; and (f)\twhether or not the agent has successfully completed a course of training. 62(2) No person shall pay or contract to pay to an insurance agent, and no insurance agent shall receive or contract to receive by way of commission or remuneration in any form, in respect of any policy of general insurance issued in Bangladesh by an insurer and effected through an insurance agent an amount exceeding- (a)\twhere the policy relates to fire or miscellaneous insurance, fifteen per cent of the premium payable on the policy; and (b) \twhere the policy relates to marine insurance, ten per cent of the premium payable on the policy: Provided that a further amount not exceeding five per cent of the premium payable on the policy may be paid to an insurance agent who procures a yearly business yielding a premium income of not less than thirty thousand Taka and satisfies such other conditions as may be prescribed. (3) No person shall pay or contract to pay to any employer of agents and no employer of agents shall receive or contract to receive, by way of commission, over-riding commission or any other remuneration in any form, in respect of any policy of general insurance issued by an insurer in Bangladesh, and effected through an employer of agents, an amount exceeding- (a)\tin the case referred to in clause (a) of sub-section (2), fifteen per cent of the premium payable on the policy; and (b)\tin the case referred to in clause (b) of sub-section (2), ten per cent of the premium payable on the policy, inclusive of any commission payable to any insurance agent in respect of the said policy: Provided that a further amount not exceeding five per cent of the premium payable on a policy may be paid to an employer of agents who procures a yearly business yielding a premium income of not less than one lakh Taka and satisfies such other conditions as may be prescribed: Provided further that the Government may, in such circumstances and to such extent and for such period as may be specified, authorise the payment of commission or remuneration exceeding the limits specified in this sub-section to an employer of agents acting on behalf of an insurer incorporated or domiciled elsewhere than in Bangladesh if such employer of agents carries out and has continuously carried out in his own office duties on behalf of the insurer which would otherwise have been performed by the insurer. 63(3A)\tNo person shall pay or contract to pay any employer of agents, and no employer of agents shall receive or contract to receive, by way of commission, over-riding commission or any other remuneration in any form, in respect of any life insurance policy issued by an insurer in Bangladesh after the commencement of the Insurance (Amendment) Ordinance, 1970, and effected through an employer of agents, an amount exceeding such maximum percentage or below such minimum percentage as may be prescribed: Provided that in prescribing such percentages regard shall be had to- (a)\tthe type of the life insurance business; (b)\tthe term of the policy; (c)\tthe amount of business procured by the employer of agents during a calendar year; (d)\tthe number of policies lapsing from out of the business procured by the employer of agents; (e)\tthe age of the insurer; (f)\tthe number of successful insurance agents selected by him in a calendar year; (g)\tthe number of employers of agents intervening between the insurer and the insurance agents; and (h)\twhether or not the employer of agents has undergone successfully a course of training. (3B) No insurer shall pay over-riding commission to more than two employers of agents intervening between him and the insurance agents. (3C) Where an employer of agents also works as an agent, the insurer may, subject to any rules made in this behalf, pay over-riding commission to him in respect of business procured by him as an insurance agent: Provided that the insurer shall not pay over-riding commission to an employer of agents on the business procured by him as an insurance agent if such business exceeds such percentages as may be prescribed. (4) \tNo insurer shall pay or contract to pay outside Bangladesh to any person any commission in any form in respect of the insurance business transacted by such person in Bangladesh and no insurer shall receive or contract to receive outside Bangladesh from any person any commission in any form in respect of any business reinsured abroad. (5) \tWithout prejudice to the provisions of section 102 in respect of a contravention of any of the provisions of the preceding sub-section by an insurer, an insurance agent or employer of agents who contravenes any of the provisions of sub-sections (1) 64, (2), (3) or (4) shall be punishable with fine which may extend to one thousand Taka. (6) An insurer incorporated outside Bangladesh who receives or contracts to receive any commission in respect of any business transacted in Bangladesh and reinsured abroad shall not be deemed to have contravened the provisions of sub-section (4) if all amounts received by him outside Bangladesh in this respect have been fully credited to the Bangladesh revenue account.",
"name": "Limitation of expenditure on commission",
"related_acts": "",
"section_id": 62
},
{
"act_id": 175,
"details": "40D. For the purposes of sections 32A, 40, 40A, 40B and 40C, “remuneration” shall be deemed to include travelling and entertainment allowances and all other payments or disbursements of any kind or form.",
"name": "Remuneration",
"related_acts": "",
"section_id": 63
},
{
"act_id": 175,
"details": "40B. (1) No insurer shall, in respect of life insurance business transacted by him in Bangladesh, spend as expenses of management in any calendar year an amount in excess of the prescribed limits and in prescribing any such limits regard shall be had to the size and age of the insurer and the provision generally made for expenses of management in the premium rates of insurers: Provided that the Chief Controller of Insurance may, on an application made to him in this behalf, condone the contravention of this sub-section by an insurer who has, on reasonable grounds, spent as such expenses an amount in excess of such limits. (2) \tEvery insurer transacting life insurance business in Bangladesh shall incorporate in the revenue account- (a)\ta certificate signed by the chairman and two directors and by the principal officer of the insurer, and an auditor's certificate, certifying that all expenses of management in respect of life insurance business transacted by the insurer in Bangladesh have been fully debited in the revenue account as expenses; and (b)\tif the insurer is carrying on any other class of insurance business in addition to life insurance business, an auditor's certificate certifying that all charges incurred in respect of his life insurance business and in respect of his business other than life insurance business have been fully debited in the respective revenue accounts. Explanation.- In this section “expenses of management” means all charges wherever incurred whether directly or indirectly, and includes:- (i) \tcommission payments of all kinds; (ii) \ta proper share of expenses capitalised; and (iii)\tin the case of an insurer having his principal place of business outside Bangladesh, a proper share of head office expenses which shall not exceed such percentage of the total net premiums, that is to say, gross premiums written direct in Bangladesh plus reinsurances accepted minus reinsurances ceded during the year in respect of life insurance business transacted by him in Bangladesh as may be prescribed, but does not in the case of an insurer having his principal place of business in Bangladesh include any share of head office expenses in respect of life insurance business transacted by him outside Bangladesh.",
"name": "Limitation of expenses of management in life insurance business",
"related_acts": "",
"section_id": 64
},
{
"act_id": 175,
"details": "40C. (1) No insurer shall, in respect of any class of general insurance business transacted by him in Bangladesh, spend in any calendar year as expenses of management 65, including commission or remuneration for procuring business, an amount in excess of the prescribed limits and in prescribing any such limits regard shall be had to the size and age of the insurer: Provided that the Chief Controller of Insurance may, on an application made to him in this behalf, condone the contravention of this sub-section by an insurer who has, on reasonable grounds, spent as such expenses an amount in excess of such limits. (2) \tEvery insurer as aforesaid shall incorporate in the revenue account a certificate signed by the chairman, two directors and the principal officer of the insurer, and an auditor's certificate, certifying that all expenses of management wherever incurred, whether directly or indirectly, in respect of the business referred to in this section have been fully debited in the revenue account as expenses. Explanation.- In this section,- (a)\t“expenses of management” means all charges, wherever incurred whether directly or indirectly including commission payments of all kinds and, in the case of an insurer having his principal place of business outside Bangladesh, a proper share of head office expenses which shall not exceed such percentage of the total net premiums, that is to say, gross premiums written direct in Bangladesh plus reinsurances accepted minus reinsurances ceded during the year as may be prescribed; and (b)\t“insurance business transacted in Bangladesh” includes insurance business, wherever effected, relating to any property situated in Bangladesh or to any vessel or aircraft registered in Bangladesh.",
"name": "Limitation of expenses of management in general insurance business",
"related_acts": "",
"section_id": 65
},
{
"act_id": 175,
"details": "41. \t(1) No person shall allow or offer to allow, either directly or indirectly, as an inducement to any person to take out or renew or continue an insurance in respect of any kind of risk relating to lives or property in Bangladesh any rebate of the whole or part of the commission payable or any rebate of the premium shown on the policy, nor shall any person taking out or renewing or continuing a policy accept any rebate, except such rebate as may be allowed in accordance with the published prospectuses or tables of the insurer: Provided that acceptance by an insurance agent of Commission in connection with a policy of life insurance taken out by himself on his own life shall not be deemed to be acceptance of a rebate of premium within the meaning of this sub-section if at the time of such acceptance the insurance agent satisfies the prescribed conditions establishing that he is a bona fide insurance agent employed by the insurer. (2) \tAny person making default in complying with the provisions of this section shall be punishable with fine which may extend to five hundred Taka.",
"name": "Prohibition of rebates",
"related_acts": "",
"section_id": 66
},
{
"act_id": 175,
"details": "42. (1) Any person who possesses such qualifications as may be prescribed in this behalf and who makes an application in the prescribed manner to the Chief Controller of Insurance accompanied by the prescribed fee, which shall not be more than 66two hundred Taka may be granted a temporary licence for the purpose of soliciting or procuring life insurance business. (2) \tA temporary licence issued under sub-section (1) shall remain in force for a period of two years. (3) \tOn his making an application to the Chief Controller of Insurance in the prescribed manner accompanied by the prescribed fee, the holder of a temporary licence who has passed such examination as may be prescribed, and any other person who has passed the examination, shall be granted a renewable licence. (4)\tA renewable licence shall remain in force for a period of three years from the date of issue but shall be renewed for a further period of three years at any one time if- (i) \tan application in the prescribed form for renewal of the licence reaches the Chief Controller at least one month before the date on which the licence ceases to remain in force; (ii) \tthe applicant has paid the prescribed renewal fee which shall not be more than 67three hundred Taka; and (iii)\texcept in such circumstances as may be prescribed, the applicant has procured during the previous three years such volume of business, and from out of the business procured by him the number of policies lapsing has been below such percentage, as may be prescribed. (5) A person to whom a temporary licence is granted and who is unable to pass the examination prescribed under sub-section (3) shall not be entitled to apply for another temporary licence: Provided that the Chief Controller may grant a fresh temporary licence to a person who has previously held a temporary licence if such person has procured such volume of business, and from out of the business procured by whom the number of policies lapsing is below such percentage as may be prescribed. 68(6) The Chief Controller of Insurance or an officer authorised by him in this behalf shall, in the prescribed manner and on payment of prescribed fee, which shall not be more than 69two hundred Taka, issue to any individual making an application in the prescribed manner a licence to act as an insurance agent for the purpose of soliciting or procuring general insurance business. (7) A licence issued under sub-section (6) shall remain in force for a period of one year from the date of issue but shall be renewed for a period of three years at any one time if :- (i) \tan application in the prescribed form for renewal of the licence reaches the issuing authority at least one month before the date on which the licence ceases to remain in force; (ii)\tthe applicant has paid the prescribed renewal fee which shall not be more than three hundred Taka; and (iii)\tthe applicant has procured during the previous three years general insurance business yielding at an average a premium income of not less than one lakh Taka. (8) No fresh licence for general insurance business shall be issued to an insurance agent whose licence has not been renewed under sub-section (7), until after one year from the date on which his last licence ceased to remain in force. (9) Notwithstanding the provisions of clause (i) of sub-section (4) 70or clause (i) of sub-section (7), an application for the renewal of a licence which does not reach the issuing authority at least one month before the date on which the licence ceases to remain in force shall be entertained at any time before that date if the applicant has paid an additional fee of a prescribed amount not exceeding five Taka by way of penalty: Provided that the Chief Controller of Insurance may, if satisfied that undue hardship would be caused otherwise, entertain an application received after the licence ceases to remain in force on payment by the applicant of a penalty of a prescribed amount not exceeding thirty Taka. 71(10) For the purpose of sections 40 and 40A, no insurance agent who is licensed to act as an insurance agent for life insurance business be deemed to be an insurance agent for general insurance business and no insurance agent who is licensed to act as an insurance agent for general insurance business shall be deemed to be an insurance agent for life insurance business. (11) A licence issued under this section shall entitle the holder thereof to act as an insurance agent for any insurer. (12) No person shall apply for temporary or renewable licence or apply for the renewal of a licence in respect of life insurance business 72or a licence in respect of general insurance business if:- (i) \the is a minor; (ii)\the has been found to be of unsound mind by a Court of competent jurisdiction; (iii)\the has been found guilty of criminal misappropriation or criminal breach of trust or cheating or forgery or an abetment of or attempt to commit any such offence by a Court of competent jurisdiction: Provided that where, in the case of a person convicted of any such offence, five years have elapsed since the date of the sentence or, where the sentence was of imprisonment with or without fine, from the date of his release, the Chief Controller of Insurance shall ordinarily declare in respect of such person that his conviction shall cease to debar him from making such an application. (iv)\tin the course of any judicial proceeding relating to any policy of insurance or the winding up of an insurance company or in the course of an investigation of the affairs of an insurer, it has been found that he has been guilty of or has knowingly participated in or connived at any fraud, dishonesty or misrepresentation against an insurer or an insured. (13) If it be found that an insurance agent is debarred by sub-section (12) from making an application, without prejudice to any other penalty to which he may be liable, the Chief Controller of Insurance shall, and if the agent has knowingly contravened any provision of this Act, or any rule or order made thereunder may, cancel a licence issued to the agent under this section. (14) In the event of the cancellation of a licence under sub-section (13), the Chief Controller of Insurance may refuse to grant a fresh licence to the insurance agent for such period as the Chief Controller deems fit. (15) The authority which issued any licence under this section may issue a duplicate licence to replace a licence lost, destroyed or mutilated on payment of the prescribed fee which shall not be more than one Taka. (16) The Chief Controller shall if he refuses any licence or the renewal of any licence under this section, communicate his decision in writing to the applicant for the licence or the renewal within six weeks of the date of the application.",
"name": "Licensing of insurance agents",
"related_acts": "",
"section_id": 67
},
{
"act_id": 175,
"details": "7342A. (1) Any individual who has- (a) \tworked as a life insurance agent for such period as may be prescribed; (b) \tprocured such volume of life insurance as may be prescribed of which such percentage as may be prescribed remains in force one month prior to the date of application referred to in clause (c); and (c) \tapplied in the prescribed manner to the Chief Controller of Insurance and has paid the prescribed fee which shall not be more than 74five hundred Taka, may be granted a temporary certificate to act as an employer of agents on behalf of an insurer for the purpose of procuring life insurance business. (2) A temporary certificate issued under sub-section (1) shall remain in force for a period of two years. (3) On his making to the Chief Controller of Insurance in the prescribed manner an application accompanied by the prescribed fee which shall not be more than 75seven hundred and fifty Taka, the holder of a temporary certificate who has passed such examination as may be prescribed, and any other person who is qualified to be granted a temporary certificate and has passed the examination, shall be granted a renewable certificate. (4) A renewable certificate shall remain in force for a period of three years from the date of issue but shall be renewed for a further period of three years at any one time if- (i) \tan application in the prescribed form for renewal of the certificate reaches the issuing authority at least one month before the date on which the certificate ceases to remain in force; (ii) \tthe applicant has paid the prescribed renewal fee which shall not be more than 76seven hundred and fifty Taka; (iii)\texcept in such circumstances as may be prescribed, the applicant has complied with such provisions relating to recruitment of agents who have qualified for a renewable certificate and produced such volume of business and from out of the business procured by whom the number of policies lapsing has been below such percentage as may be prescribed. (5) An individual to whom a temporary certificate has been granted and who is unable to pass the examination prescribed under sub-section (3) shall not be entitled to apply for another temporary certificate: Provided that the Chief Controller of Insurance may grant a fresh temporary certificate to an individual who has previously held a temporary certificate if such individual has introduced such number of agents who have qualified for a renewable licence and produced such volume of business and from out of the business procured by whom the number of policies lapsing has been below such percentage as may be prescribed. (6) Notwithstanding the provisions of clause (i) of sub-section (4), an application for the renewal of a renewable certificate which does not reach the issuing authority at least one month from the date on which the certificate ceases to remain in force shall be entertained at any time before that date if the applicant has paid an additional fee of a prescribed amount not exceeding 77two hundred and fifty Taka by way of penalty: Provided that the Chief Controller of Insurance may, if satisfied that undue hardship would be caused otherwise, entertain an application received after the certificate ceases to remain in force on payment by the application of a penalty of a prescribed amount not exceeding 78seven hundred and fifty Taka. 79(7) The Chief Controller of Insurance or an officer authorised by him in this behalf shall, in the prescribed manner and on payment of the prescribed fee which shall not be more than five hundred Taka, issue to any person making an application in the prescribed manner a certificate to act as an employer of agents on behalf of an insurer for the purposes of procuring general insurance business. (8) A certificate issued under sub-section (7) shall remain in force for a period of one year from the date of issue, but shall, on application made in this behalf, be renewed from year to year if- (i)\tan application in the prescribed form for renewal of the certificate reaches the issuing authority before the date on which the certificate ceases to remain in force; (ii)\tthe applicant has paid the prescribed renewal fee which shall not be more than five hundred Taka; and (iii)\tthe applicant has procured or caused to be procured such minimum amount of general insurance business and has complied with such conditions as may be prescribed in this behalf: Provided that an application for the renewal of a certificate which does not reach the issuing authority before the certificate ceases to remain in force shall be entertained if the applicant has submitted an application within twelve months from the date the certificate ceases to remain in force and has paid an additional fee of the prescribed amount not exceeding five hundred Taka by way of penalty. (9) No fresh certificate shall be issued to an employer of agents whose certificate has not been renewed under sub-section (8), until after one year from the date on which his last certificate ceased to remain in force. (10) No person shall apply for any certificate or for the renewal thereof if- (i) \the is a minor; (ii)\the has been found to be of unsound mind by a Court of competent jurisdiction; (iii)\the has been found guilty of criminal misappropriation or criminal breach of trust or cheating or forgery or an abetment of or attempt to commit any such offence by a Court of competent jurisdiction: Provided that where, in the case of a person convicted of any such offence, five years have elapsed since date of the sentence or, where the sentence was of imprisonment with or without fine, from the date of his release, the Chief Controller of Insurance shall ordinarily declare in respect of such person that his conviction shall cease to debar him from making such an application; (iv) in the course of any judicial proceeding relating to any policy of insurance or the winding up of an insurance company or in the course of an investigation of the affairs of an insurer, it has been found that he has been guilty of or has knowingly participated in or connived at any fraud, dishonesty or misrepresentation against an insurer or an insured. (11) Where it is found that an employer of agents being an individual is, or being a company or firm contains a director or partner who is, debarred by sub-section (10) from making an application, without prejudice to any other penalty to which he may be liable, the Chief Controller of Insurance shall, and where an employer of agents has contravened any of the provisions of this Act or any rule or order made thereunder may, cancel a certificate issued to the employer of agents under this section. (12) In the event of the cancellation of a certificate under sub-section (11), the Chief Controller of Insurance may refuse to grant a fresh certificate to the employer of agents for such period as the Chief Controller may deem fit. (13) The authority which issued any certificate under this section may issue a duplicate certificate to replace a certificate lost, destroyed or mutilated on payment of the prescribed fee, which shall not be more than five Taka. (14) A certificate issued under this section shall entitle the holder thereof to act as an employer of agents for any insurer. (15) The Chief Controller shall, if he refuses a certificate or the renewal of a certificate under this section, communicate his decision in writing to the applicant for the certificate or renewal within six weeks from the date of the application.",
"name": "Certificates to employers of agents",
"related_acts": "",
"section_id": 68
},
{
"act_id": 175,
"details": "8042B. For the purposes of ensuring compliance with the provisions of sections 40, 40A, 40B, 40C, 42, 42A, 44A and 44B the Chief Controller may, by notice,- (a)\trequire from an insurer, or an employer of agents or an insurance agent, or an insurance surveyor such information certified, if so required by an auditor or an actuary, as he may consider necessary; (b) \tissue such directions to the insurer as he may deem necessary; (c) \trequire an insurer or an employer of agents or an insurance agent or an insurance surveyor to submit for his examination at the principal place of business of the insurer in Bangladesh, any book of account, register or other document or to supply any statement which may be specified in the notice.",
"name": "Powers to ensure compliance with certain provisions",
"related_acts": "",
"section_id": 69
},
{
"act_id": 175,
"details": "8143A. Every contract made by an insurer with an insurance agent or employer of agents shall contain such provisions as may be prescribed and every such contract in force immediately before the commencement of the Insurance (Amendment) Ordinance, 1970, shall be deemed to contain the said provisions or provisions to the same effect.",
"name": "Provisions of contracts with agents",
"related_acts": "",
"section_id": 70
},
{
"act_id": 175,
"details": "43. \t(1) Every insurer and every person who acting on behalf of an insurer employs insurance agents shall maintain a register showing the name and address of every insurance agent appointed by him and the date on which his appointment began and the date, if any, on which his appointment ceased. (2) \tAny individual not holding a licence issued under section 42 who acts as an insurance agent shall be punishable with fine which may extend to fifty Taka, and any insurer who, or any person acting on behalf of an insurer who, appoints as an insurance agent any individual not so licensed, or transacts any insurance business in Bangladesh through any such individual, shall be punishable with fine which may extend to one hundred Taka. (3) \tThe provisions of sub-section (2) shall not take effect until the expiry of six months from the commencement of this Act.",
"name": "Register of insurance agents",
"related_acts": "",
"section_id": 71
},
{
"act_id": 175,
"details": "44. (1) Notwithstanding anything to the contrary contained in any contract between any person and any insurance agent providing for the forfeiture or stoppage of payment of renewal commission to such insurance agent, no such person shall, in respect of life insurance business transacted in Bangladesh, refuse payment to an insurance agent of commission due to him on renewal premium under the agreement by reason only of the termination of his agreement, except for fraud: Provided that- (a)\tsuch agent ceases to act for the insurer concerned after the Chief Controller of Insurance is satisfied and has conveyed the fact to the insurer and the agent that the circumstances in which the said insurer is placed are such as to justify the agent's ceasing to act for him; or (b)\tsuch agent has served the insurer continually and exclusively in respect of life business for not less than three years and has earned a minimum renewal commission of three hundred Taka during the twelve months preceding the date of his ceasing to act as such agent for the insurer. (2) Any commission payable to an insurance agent whether under the provisions of sub-section (1) or otherwise shall, notwithstanding the death of the agent and notwithstanding the provisions in this Act regarding the holding of an insurance agent's licence continue to be payable to his heirs for so long as such commission would have been payable had such insurance agent been alive or in one or more lump sums commuted under sub-section (4): Provided that no commission on renewal premiums shall be paid under this sub-section if the total amount of commission on renewal premiums earned by the insurance agent during the twelve months preceding the date of his death was less than three hundred Taka. (3) \tFor the purposes of sub-section (2) an insurance agent may nominate the person or persons to whom the commission due to him shall be paid in the event of his death: Provided that any such nomination to be effectual shall be communicated to the insurer and registered by him in writing and any such nomination may at any time before the death of the insurance agent, be cancelled or changed by him, but unless a notice in writing of any such cancellation or change has been delivered to the insurer, the insurer shall not be liable for any payment of the commission made bona fide by him to a nominee registered with the insurer: Provided further that the insurer shall furnish to the insurance agent a written acknowledgment of having registered nomination or cancellation or change thereof : Provided also that where the nominee is a minor, it shall be lawful for the insurance agent to appoint any person to receive the commission in the event of his death during the minority of the nominee. (4) \tIf the commission payable to any heir or nominee of a deceased insurance agent under the provisions of sub-section (2) is less than three hundred Taka a year, the insurer shall and in any other case the insurer may, with the consent of the heir or the nominee of the deceased insurance agent, commute such renewal commission and pay the amount or amounts mutually agreed to in lump sum or sums. (5) \tAn insurer may recover out of the commission payable under sub-section (2) any sums owing to the insurer by the insurance agent at the date of his death. (6) In this section, reference to “insurance agent” or “agent” shall be construed as including reference to “employer of agent”, and reference to “commission” shall be construed as including reference to “over-riding commission”.",
"name": "Prohibition of cessation of payment of commission",
"related_acts": "",
"section_id": 72
},
{
"act_id": 175,
"details": "8244A. (1) No person other than an insurance surveyor holding an appropriate certificate under this section shall, after the expiry of six months from the commencement of the Insurance (Amendment) Act, 1958, undertake in Bangladesh the surveying assessment or adjustment of any loss in respect of general insurance business and no insurer shall pay any claim in respect of general insurance business transacted by him in Bangladesh unless the loss has been surveyed, assessed or adjusted, as the case may be, by an insurance surveyor holding an appropriate certificate under this section: Provided that the provisions of this sub-section shall not apply to such persons and to such losses as may be prescribed. (2) An application for a certificate under this section shall be made to the Chief Controller of Insurance in the prescribed manner and be accompanied by a prescribed fee which shall not be more than 83two thousand Taka. (3) \tThe insurance surveyors may be classified into such classes or sub-classes as may be prescribed, and, if so classified, separate application shall be made and separate certificates issued in respect of each such class or sub-class. (4) \tThe Chief Controller of Insurance or any person authorised by him in this behalf may, on receipt of an application under this section, call for such information or explanation as he may deem fit, or ask the applicant to appear before him in person, and on being satisfied that the applicant fulfils such requirements as may be prescribed and is fit to hold the certificate applied for, grant such certificate. (5) \tAn applicant who has been refused a certificate of any class or sub-class under sub-section (4) shall not be entitled to make a fresh application for a certificate of the same class or sub-class before the expiry of a period of one year from the date of such refusal. (6) \tA certificate issued under this section shall remain in force for a period of one year only from the date of issue, but shall, on application made in this behalf, be renewed from year to year, if - (i)\tan application in the prescribed form for renewal of the certificate reaches the issuing authority before the certificate ceases to remain in force; (ii)\tthe applicant has paid the prescribed fee which shall not be more than 84one thousand Taka; (iii)\tthe applicant fulfils the requirements prescribed under sub-section (4); and (iv) \tin the case of an individual, the applicant, or, in the case of a company or firm, any of its directors or partners, does not suffer from any of the disqualifications mentioned in clauses (b), (c), or (d) of sub-section (4) of section 42: Provided that an application for renewal of the certificate which does not reach the issuing authority before the certificate ceases to remain in force shall be entertained if the applicant has submitted an application within twelve months from the date the certificate cases to remain in force and has paid an additional fee of the prescribed amount not exceeding fifteen Taka by way of penalty. 85(6A) The Chief Controller shall, if he refuses a certificate or the renewal of a certificate under this section, communicate his decision in writing to the applicant for such certificate or renewal within three months from the date of the application. (7) \tWhere it is found that an insurance surveyor being an individual is, or being a company or firm contains a director or partner who is, suffering from any of the disqualifications mentioned in sub-section (4) of section 42, without prejudice to any other penalty to which he may be liable, the Chief Controller shall, and where it is proved to the satisfaction of the Chief Controller that the insurance surveyor has- (i)\tgiven a false report; or (ii)\tgrossly over-assessed or under-assessed any loss; or (iii)\tmade an adjustment of loss in a grossly unjust manner; the Chief Controller may cancel the certificate or certificates held by that insurance surveyor: Provided that in the event of cancellation of a certificate under the discretionary powers of the Chief Controller under this sub-section the Government may, upon an application made to it in this behalf, call for a report from the Chief Controller, and, after considering such report and hearing the applicant, give such direction to the Chief Controller as it may deem fit. (8) \tThe authority which issued any certificate under this section may issue a duplicate certificate to replace a certificate lost, destroyed or mutilated on payment of the prescribed fee, which shall not be more than five Taka. (9) \tAny person who acts in contravention of this section shall be punishable with fine which may extend to one thousand Taka and where the person contravening is a company or a firm, then, without prejudice to any other proceedings which may be taken against the company or firm, every director, manager, secretary or any other officer of the company and every partner of the firm who is knowingly a party to such contravention shall be punishable with fine which may extend to one thousand Taka.",
"name": "Insurance surveyors to hold certificates",
"related_acts": "",
"section_id": 73
},
{
"act_id": 175,
"details": "44B. (1) If in any case the Chief Controller of Insurance has reason to believe that an insurance surveyor has given a false report or has grossly over-assessed or under-assessed a loss or has made an adjustment of loss in a grossly unjust manner, he may direct the insurer to arrange for another survey of that loss through any other surveyor or surveyors approved by him. (2) \tIn the event of the second survey made under sub-section (1) the surveyor or surveyors shall forward one copy of the report to the Chief Controller who on considering such report and after giving an opportunity to the first surveyor to be heard, may cancel the certificate of the surveyor concerned in accordance with the provisions of sub-section (7) of section 44A.",
"name": "Second survey",
"related_acts": "",
"section_id": 74
},
{
"act_id": 175,
"details": "45. \tNo policy of life insurance effected before the commencement of this Act shall after the expiry of two years from the date of commencement of this Act and no policy of life insurance effected after the coming into force of this Act shall, after the expiry of two years from the date on which it was effected, be called in question by an insurer on the ground that a statement made in the proposal for insurance or in any report of a medical officer, or referee, or friend of the insured, or in any other document leading to the issue of the policy, was inaccurate or false, unless the insurer shows that such statement was on a material matter or suppressed facts which it was material to disclose and that it was fraudulently made by the policy-holder and that the policy-holder knew at the time of making it that the statement was false or that it suppressed facts which it was material to disclose: Provided that nothing in this section shall prevent the insurer from calling for proof of age at any time if he is entitled to do so, and no policy shall be deemed to be called in question merely because the terms of the policy are adjusted on subsequent proof that age of the life insured was incorrectly stated in the proposal.",
"name": "Policy not to be called in question on ground of mis-statement after two years",
"related_acts": "",
"section_id": 75
},
{
"act_id": 175,
"details": "46. \tThe holder of a policy of insurance issued by an insurer in respect of insurance business transacted in Bangladesh after the commencement of this Act shall have the right, notwithstanding anything to the contrary contained in the policy or in any agreement relating thereto, to receive payment in Bangladesh, of any sum secured thereby and to sue for any relief in respect of the policy in any Court of competent jurisdiction in Bangladesh; and if the suit is brought in Bangladesh any question of law arising in connection with any such policy shall be determined according to the law in force in Bangladesh: Provided that nothing in this section shall apply to a policy of marine insurance.",
"name": "Application of Bangladesh law to policies issued in Bangladesh",
"related_acts": "",
"section_id": 76
},
{
"act_id": 175,
"details": "8647A. (1) Any dispute arising under a policy of life insurance assuring a sum not exceeding five thousand Taka (exclusive of any profit or bonus not being a guaranteed profit or bonus) issued by an insurer in respect of insurance business transacted by him in Bangladesh, between the claimant and the insurer who issued the policy or has otherwise assumed the liabilities in respect thereof, may, at the option of the claimant, be referred to the Chief Controller of Insurance for settlement and the Chief Controller may, after hearing the parties and taking such evidence as he may, in his absolute discretion, consider necessary, settle the dispute. (2) \tThe decision of the Chief Controller under this section shall be final and shall not be called in question in any Court and shall be deemed to be a decree of a Court which would have been competent to decide the dispute and be executed accordingly. (3) \tThe Chief Controller shall, in respect of the duties performed by him for the purpose of this section, charge and collect such fees whether by way of percentage or otherwise as may be prescribed.",
"name": "Dispute over claims on life policies of small amount",
"related_acts": "",
"section_id": 77
},
{
"act_id": 175,
"details": "8747B. (1) Where payment on a policy issued by an insurer becomes due and the person entitled thereto has complied with all the requirements, including the filing of complete papers, for claiming the payment, the insurer shall, if he fails to make the payment within a period of ninety days from the date on which the payment becomes due or the claimant complies with the requirements, whichever is later, pay interest as specified in sub-section (2) on the amount so payable unless he proves that such failure was due to circumstances beyond his control. (2) \tThe interest under sub-section (1) shall be payable for the period during which the failure continues and shall be calculated at monthly rates at the rate of five per cent higher than the prevailing bank rate.",
"name": "Interest on late settlement of claims",
"related_acts": "",
"section_id": 78
},
{
"act_id": 175,
"details": "47. \t(1) Where in respect of any policy of life insurance maturing for payment an insurer is of opinion that by reason of conflicting claims to or insufficiency of proof of title to the amount secured thereby or for any other adequate reason it is impossible otherwise for the insurer to obtain a satisfactory discharge for the payment of such amount, the insurer may, before the expiry of nine months from the date of the maturing of the policy or, where the circumstances are such that the insurer cannot be immediately aware of such maturing, from the date on which notice of such maturing is given to the insurer, apply to pay the amount into the Court within the jurisdiction of which is situated the place at which such amount is payable under the terms of the policy or otherwise. (2) \tA receipt granted by the Court for any such payment shall be a satisfactory discharge to the insurer for the payment of such amount. (3) \tAn application for permission to make a payment into Court under this section shall be made by a petition verified by an affidavit signed by a principal officer of the insurer setting forth the following particulars, namely:- (a)\tthe name of the insured person and his address; (b)\tif the insured person is deceased, the date and place of his death; (c)\tthe nature of the policy and the amount secured by it; (d)\tthe name and address of each claimant so far as is known to the insurer with details of every notice of claim received; (e)\tthe reasons why in the opinion of the insurer a satisfactory discharge cannot be obtained for the payment of the amount; and (f)\tthe address at which the insurer may be served with notice of any proceedings relating to disposal of the amount paid into Court. (4) \tAn application under this section shall not be entertained by the Court if the application is made before the expiry of six months from the maturing of the policy by survival, or from the date of receipt of notice by the insurer of the death of the insured, as the case may be. (5) \tIf it appears to the Court that a satisfactory discharge for the payment of the amount cannot otherwise be obtained by the insurer it shall allow the amount to be paid into Court and shall invest the amount in Government securities pending its disposal. (6) \tThe insurer shall transmit to the Court every notice of claim received after the making of the application under sub-section (3), and any payment required by the Court as a costs of the proceedings or otherwise in connection with the disposal of the amount paid into Court shall as to the costs of the application under sub-section (3) be borne by the insurer and as to any other costs be in the discretion of the Court. (7) \tThe Court shall cause notice to be given to every ascertained claimant of the fact that the amount has been paid into Court, and shall cause notice at the cost of any claimant applying to withdraw the amount to be given to every other ascertained claimant. (8) \tThe Court shall decide all questions relating to the disposal of claims to the amount paid into Court.",
"name": "Payment of money into Court",
"related_acts": "",
"section_id": 79
},
{
"act_id": 175,
"details": "47C. (1) Where any dispute arises under a policy insuring a motor vehicle or covering any liability of its owner arising out of the use of the vehicle, any party to the dispute may make an application for adjudication to the Claims Settlement Board constituted under sub-section (2). (2) \tThe Government shall for the purpose of adjudication of disputes referred to in sub-section (1) constitute a Claims Settlement Board consisting of such number of members, including a Chairman, as it may think fit. (3) \tThe Chairman and a member shall be appointed on such terms and conditions as the Government may determine and shall hold office for a term of three years and be eligible, on the expiry of his term, for re-appointment for a further like term or terms. (4) \tWhere a vacancy occurs in the office of a member during his term, the Government shall appoint another person to fill such vacancy and the person so appointed shall hold office for the un-expired period of the term of his predecessor. (5) \tIn this section and in sections 47D, 47E, 47F, 47G, 47H, 47I, 47J, 47K and 47L, unless the context otherwise requires,- (a)\t“application” means an application made under sub-section (1); (b)\t“Board” means the Claims Settlement Board constituted under sub-section (2) and includes a bench of the Board constituted under section 47F; (c)\t“Chairman” means the Chairman of the Board; and (d)\t“member” means a member of the Board.",
"name": "Dispute over motor insurance claim",
"related_acts": "",
"section_id": 80
},
{
"act_id": 175,
"details": "47D. (1) The Chairman shall be a person who is, or has been, a District Judge, or is or has been, or is qualified to be, a judge of the 88the Supreme Court. (2) \tNo person shall be appointed, or shall continue to be, a member of the Board if he is an undischarged insolvent, or is convicted of an offence which, in the opinion of the Government, involves moral turpitude.",
"name": "Qualifications of Chairman, etc.",
"related_acts": "",
"section_id": 81
},
{
"act_id": 175,
"details": "47E. (1) A member may, at any time before the expiry of his term, by letter addressed to the Government, resign his office. (2) The Government may, by order in writing, remove any member if he- (a)\trefuses or fails to discharge, or becomes, in the opinion of the Government, incapable of discharging, his responsibilities as a member; or (b)\thas, in the opinion of the Government, abused his position as member.",
"name": "Resignation and removal",
"related_acts": "",
"section_id": 82
},
{
"act_id": 175,
"details": "47F. (1) The Chairman may, and, if so required by the Government, shall, constitute such number of benches of the Board as may be necessary for the expeditious disposal of the applications; and each such bench shall consist of not less than two members. (2) \tA bench shall try such applications as the Chairman may refer to it and shall hold its sittings at such place or places as he may direct.",
"name": "Benches of the Board",
"related_acts": "",
"section_id": 83
},
{
"act_id": 175,
"details": "47G. No application shall be received by the Board unless the application has paid such fee not exceeding one per cent of the amount of the claim in dispute and in such manner as may be prescribed.",
"name": "Fees for application",
"related_acts": "",
"section_id": 84
},
{
"act_id": 175,
"details": "47I. (1) Except as provided in sub-section (2), the decision of the Board on an application shall be final and shall not be questioned in any Court or before any other authority. (2) \tAny party aggrieved by a decision of the Board may, if the amount of the claim in dispute is not less than twenty thousand Taka, prefer an appeal to the High Court Division within a period of thirty days from the date of such decision.",
"name": "Appeal",
"related_acts": "",
"section_id": 85
},
{
"act_id": 175,
"details": "47J. Where an insurer fails to pay the amount of any claim in accordance with the decision on an application within a period of thirty days from the date of the decision, the decision shall be deemed to be a decree of a Court which would have been competent to decide the dispute and be executed accordingly.",
"name": "Recovery of the claim as decided",
"related_acts": "",
"section_id": 86
},
{
"act_id": 175,
"details": "47K. When application is made to the Board for the adjudication of a dispute, the Board shall, unless the insurer has himself made the application or has been made a party thereto, send to the insurer a copy of the application together with intimation of the date fixed for the hearing thereof and shall give him an opportunity of being heard.",
"name": "Notice to and hearing of insurance companies",
"related_acts": "",
"section_id": 87
},
{
"act_id": 175,
"details": "89 9048B. Notwithstanding anything contained in any other law for the time being in force, a director of an insurer shall not be a director of another insurer registered for the same class of insurance business.",
"name": "Restriction on becoming directors of insurers",
"related_acts": "",
"section_id": 88
},
{
"act_id": 175,
"details": "48BB. Where the insurer is a company incorporated under the Companies Act, 1913 (VII of 1913), not less than one-third of the total member of directors of the company, shall, notwithstanding anything to the contrary in the Articles of Association of the company, be elected, in the prescribed manner, by the shareholders who are public subscribers to the paid up capital or the company from amongst themselves.",
"name": "Directors of insurers being public subscribers",
"related_acts": "",
"section_id": 89
},
{
"act_id": 175,
"details": "48BBB.\t Notwithstanding anything contained in any other law for the time being in force or in the Articles of Association of any insurer, no person other than a member of the Board of Directors of an insurer shall act as a director: Provided that where a director is absent from Bangladesh for a period exceeding three months, a person qualified to be a director may be nominated by him to act as director in his place with the prior intimation to the Chief Controller of Insurance.",
"name": "Restriction on appointment of nominated director",
"related_acts": "",
"section_id": 90
},
{
"act_id": 175,
"details": "48BBBB. Notwithstanding anything contained in the Articles of Association of an insurer, the Chairman or Vice-Chairman of the Board of Directors of an insurer shall be elected from amongst the directors.",
"name": "Chairman and Vice-Chairman",
"related_acts": "",
"section_id": 91
},
{
"act_id": 175,
"details": "47H. (1) The Board shall, for the purpose of the trial of an application, follow such procedure as may be prescribed, and have the same powers as are vested in a civil Court trying a suit under the Code of Civil Procedure, 1908 (Act V of 1908), in respect of- (a)\tsummoning and enforcing the attendance of any person and examining him on oath; (b)\trequiring the discovery and production of documents and material objects; (c)\treceiving evidence on affidavits; and (d)\tissuing commissions for the examination of witnesses or documents. (2) If, in the course of the trial of an application, any one of the members ceases to hold office, or is, for any reason, unable to attend the sittings of the Board, the trial shall continue before, and the decision may be given by, the remaining members. (3) \tIf upon any matter requiring the decision of the Board there is a difference of opinion amongst its members, the opinion of the majority shall prevail and the decision of the Board shall be expressed in terms of the view of the majority: Provided that where the members are equally divided on any point it shall,- (a)\tin the case of the full Board or of a bench of which the Chairman is a member, be decided in accordance with the views of the Chairman; and (b)\tin the case of a bench of which the Chairman is not a member, be referred to the Chairman and decided in accordance with his views. (4) \tThe decision of the Board shall be given in writing and shall be signed,- (a)\tif it is of the full Board or of a bench of which the Chairman is a member, by the Chairman; and (b)\tif it is of a bench of which the Chairman is not a member, by such member of the bench as is designated by the Chairman to be its senior member. (5) \tThe Board shall give a copy of the decision to each party to the dispute and shall also forward a copy to the Chief Controller of Insurance. (6) \tThe board shall, upon an application made in this behalf by any party to a dispute adjudicated by it and on payment of such fee not exceeding one Taka for every one hundred words, and subject to such conditions, as may be prescribed, furnish certified copies of its proceedings or of any document submitted to or produced before it.",
"name": "Procedure and Powers of the Board",
"related_acts": "86",
"section_id": 92
},
{
"act_id": 175,
"details": "47L. The Government may, by notification in the official Gazette, authorise the Board- (a) \tto enquire into, and determine the causes and quantum of, and fix the responsibility for, any such loss or series of losses payable under a policy of insurance as may be specified in the notification and to suggest to the Government measures calculated to prevent such losses; and (b) \tto adjudicate upon such class of disputes arising under a policy relating to a class of insurance business other than motor insurance as may be so specified, and thereupon the provisions of sections 47C to 47K shall apply to such inquiry and to such class of disputes as they apply to a dispute arising under a policy insuring a motor vehicle.",
"name": "Other Jurisdiction of Board",
"related_acts": "",
"section_id": 93
},
{
"act_id": 175,
"details": "48. (1) Where the insurer is a company incorporated under the Companies Act, 1913, or under the Indian Companies Act, 1882, or under the Indian Companies Act, 1866, or under any Act repealed thereby, and carries on the business of life insurance, not less than one-third of the directors of the company shall notwithstanding anything to the contrary in the Articles of Association of the company be elected in the prescribed manner by the holders of policies of life insurance issued by the company. 91(1A) Where in the case of an insurer the number of directors required to be elected under sub-section (1) was, immediately before the commencement of the Insurance (Amendment) Ordinance, 1970, less than one-third of the directors, such insurer shall take such steps as may be necessary for complying with the provisions of sub-section (1) within a period of one year from such commencement; and no proceedings of the directors shall, during that period, be invalid or be questioned merely on the ground of non-compliance with those provisions. (2) Only and all persons holding otherwise than as assignees policies of life insurance issued by the company of such minimum amount and having been in force for such minimum period as may be prescribed shall unless disqualified under sub-section (2A) be eligible for election as directors under sub-section (1), and only and all persons holding policies of life insurance issued by the company and having been in force at the time of the election for not less than six months shall be eligible to vote at such elections: Provided that the assignment of a policy to the person who took out the policy shall not disqualify that person for being eligible for election as a director under sub-section (1). 92(2A) A person shall be ineligible for election as a director under sub-section (1) of any company if he is a director, officer, employee, or legal or technical adviser of that company, or of any other insurer, and shall cease to be a director under sub-section (1) if after election he acquires any disqualification specified in this sub-section or no longer holds the qualifications required by sub-section (2): Provided that nothing in this sub-section shall disqualify a person who is an elected director under sub-section (1) and is not otherwise disqualified under this sub-section, from being re-elected. (3) \tThe Government may, for such period, or to such extent and subject to such conditions as may be specified by it in this behalf, exempt from the operation of this section- (a)\tany Mutual Insurance Company as defined in clause (a) of sub-section (1) of section 95, in respect of which the Chief Controller of Insurance certifies that in his opinion owing to the conditions governing membership of the company or to the nature of the insurance contracts undertaken by it the application of the provisions of this sub-section to the company is impracticable, or (b)\tany company in respect of which the Chief Controller of Insurance certifies that in his opinion the company, having taken all reasonable steps to achieve compliance with the provisions of this section, has been unable to obtain the required number of directors with the required qualifications. (4) This section shall not take effect, in respect of any company in existence at the commencement of this Act, until the expiry of one year therefrom, and in respect of any company incorporated after the commencement of this Act, until the expiry of two years from the date of registration to carry on life insurance business.",
"name": "Directors of insurers being companies",
"related_acts": "",
"section_id": 94
},
{
"act_id": 175,
"details": "9348A. (1) No Insurance agent who solicits or procures life insurance business, and no employer of agents who procures life insurance business, shall be eligible to be or remain a director of any insurance company carrying on life insurance business unless he suspends such solicitation or procurement. (2) \tAny insurance agent or employer of agents who contravenes the provisions of sub-section (1) shall cease to be a director and shall also be liable to the cancellation of his licence as insurance agent or, as the case may be, certificate as employer of agents.",
"name": "Restriction on the life insurance agents’ becoming directors of Life Insurance Companies",
"related_acts": "",
"section_id": 95
},
{
"act_id": 175,
"details": "9448C. (1) No insurer shall carry on any insurance business without having appointed a chief executive officer for that purpose. (2)\tNo person shall be appointed as the chief executive officer of an insurer without the prior permission of the Chief Controller of Insurance and he shall not accord permission for such appointment unless the person proposed to be appointed has prescribed qualification and experience in the field of insurance. (3)\tThe chief executive officer shall not be removed, terminated or dismissed by the insurer without the prior approval of the Chief Controller of Insurance and he shall not give decision in such cases without hearing the concerned chief executive officer and the insurer or any person authorised by the insurer in this behalf.",
"name": "Appointment of Chief Executives of insurers",
"related_acts": "",
"section_id": 96
},
{
"act_id": 175,
"details": "9548CC. Notwithstanding anything contained in the Articles of Association of an insurer, no insurer shall appoint more than three advisers: Provided that no share-holder or director of the concerned insurer or member of their families shall be an adviser under this section.",
"name": "Advisers of insurers",
"related_acts": "",
"section_id": 97
},
{
"act_id": 175,
"details": "49. (1) No insurer, being an insurer specified in sub-clause (a) (ii) or sub-clause (b) of clause (9) of section 2, who carries on the business of life insurance or any other class or sub-class of insurance business to which section 13 applies shall for the purpose of declaring or paying any dividend to shareholders or any bonus to policy-holders or of making any payment in service of any debentures, utilise directly or indirectly any portion of the life insurance fund or of the fund of such other class or sub-class of insurance business, as the case may be, except a surplus shown in the valuation balance-sheet in Form I as set forth in the Fourth Schedule submitted to the Chief Controller of Insurance as part of the abstract referred to in section 15 as a result of an actuarial valuation of the assets and liabilities of the insurer; nor shall he increase such surplus by contributions out of any reserve fund or otherwise unless such contributions have been brought in as revenue through the revenue account applicable to that class or sub-class of insurance business on or before the date of the valuation aforesaid, when the reserve fund is made up solely of transfers from similar surpluses disclosed by valuations in respect of which returns have been submitted to the Chief Controller of Insurance under section 15 of this Act 96* * *: Provided that payments made out of any such surplus in service of any debentures shall not exceed fifty per cent of such surplus including any payment by way of interest on the debentures, and interest paid on the debentures shall not exceed ten per cent of any such surplus except when the interest paid on the debentures is off-set against the interest credited to the fund or funds concerned in deciding the interest basis adopted in the valuation disclosing the aforesaid surplus. (2) No insurer other than an insurer specified in sub-clause (a)(ii) or sub-clause (b) of clause (9) of section 2 who carries on the business of life insurance in Bangladesh shall for the purpose of declaring or paying any bonus to policy-holders in Bangladesh utilise directly or indirectly any portion of the life insurance fund except a surplus shown in the valuation balance-sheet in Form I as set forth in the Fourth Schedule submitted to the Chief Controller of Insurance as part of the abstract referred to in section 15 as a result of an actuarial valuation of the assets and liabilities of the insurer in Bangladesh; nor shall he increase such surplus by contributions out of any reserve fund or otherwise unless such contributions have been brought in as revenue through the revenue account applicable to life insurance business on or before the date of the valuation aforesaid, except when the reserve fund is made up solely of transfers from similar surpluses disclosed by valuations in respect of which returns have been submitted to the Chief Controller of Insurance under section 15 of this Act 97* * *.",
"name": "Restriction on dividends and bonuses",
"related_acts": "",
"section_id": 98
},
{
"act_id": 175,
"details": "9849A. Notwithstanding anything contained to the contrary in its Memorandum or Articles of Association or any other documents, no insurer transacting life insurance business shall after the commencement of the Insurance (Amendment) Ordinance, 1970, allocate for the benefit of the policy-holders a sum less than such percentage of the surplus, being not less than 99ninety per cent or more than ninety-seven and one-half per cent, as may be prescribed: Provided that in prescribing the percentage regard shall be had to the size of the insurer. Explanation.- In this section, “Surplus” means the sum shown as surplus in Form I of the Fourth Schedule enhanced by any sum transferred to any reserve other than a reserve for depreciation in investment adjusted by an amount representing surplus disclosed at a previous valuation and already allocated.",
"name": "Distribution of profits on life insurance business among policy-holders",
"related_acts": "",
"section_id": 99
},
{
"act_id": 175,
"details": "50. \tAn insurer shall, before the expiry of three months from the date on which the premiums in respect of a policy of life insurance were payable but not paid, give notice to the policy-holder informing him of the options available to him unless these are set forth in the policy.",
"name": "Notice of options available to the assured on the lapsing of a policy",
"related_acts": "",
"section_id": 100
},
{
"act_id": 175,
"details": "10050A. (1) If, in respect of a policy of life insurance under which the whole of the benefits become payable either on, or at a fixed interval or intervals after, the occurrence of a contingency which is bound to occur, all the premiums have been paid for at least two consecutive years and the policy-holder does not, or is unable to, pay further premiums, any one of the following consequences according as the policy-holder has indicated his option in writing, shall ensue, namely:- (a)\tthe policy shall be paid up after advancing one year's premium subject to the availability of the surrender value; or (b)\tthe surrender value of the policy shall be applied to the payment of the premium due until the surrender value is exhausted. (2) \tThe option under sub-section (1) may be indicated by the policy-holder either at the time of taking the policy or at any time thereafter before the cessation of the payment of premium; and any option so indicated may be modified at any time before such cessation.",
"name": "Special provision in respect of certain life insurance policies",
"related_acts": "",
"section_id": 101
},
{
"act_id": 175,
"details": "51. Every insurer shall, on application by a policy-holder and on payment of a fee not exceeding one Taka, supply to the policy-holder certified copies of the questions put to him and his answers thereto contained in his proposal for insurance and in the medical report supplied in connection therewith.",
"name": "Supply of copies of proposals and medical reports",
"related_acts": "",
"section_id": 102
},
{
"act_id": 175,
"details": "52D. The Administrator may, at any time during the continuance of his appointment with respect to any insurer and after giving an opportunity to the persons concerned to be heard, cancel or vary (either unconditionally or subject to such conditions as he thinks fit to impose) any contract or agreement (other than a policy) between the insurer and any other person which the Administrator is satisfied is prejudicial to the interests of holders of insurance policies.",
"name": "Cancellation of contracts and agreements",
"related_acts": "",
"section_id": 103
},
{
"act_id": 175,
"details": "52E. If at any time, on a report made by the Chief Controller in this behalf, it appears to the Government that the purpose of the order appointing the Administrator has been fulfilled or that for any reason it is undesirable that the order of appointment should remain in force, the Government may cancel the order and thereupon the Administrator shall be divested of the management of the insurance business which shall, unless otherwise directed by the Government again vest in the person in whom it was vested immediately prior to the date of appointment of the Administrator.",
"name": "Termination of appointment of Administrator",
"related_acts": "",
"section_id": 104
},
{
"act_id": 175,
"details": "52F. Any order or decision of the Government made in pursuance of section 52A or section 52E shall be final and shall not be called in question in any Court.",
"name": "Finality of decision of appointing Administrator",
"related_acts": "",
"section_id": 105
},
{
"act_id": 175,
"details": "52G. If any director or officer of the insurer or any other person fails to deliver to the Administrator any books of account, registers or any other documents in his custody relating to the business of the insurer the management of which has vested in the Administrator, or retains any property of such insurer, he shall be punishable with imprisonment which may extend to six months, or with fine which may extend to one thousand Taka or with both.",
"name": "Penalty for withholding document or property from Administrator",
"related_acts": "",
"section_id": 106
},
{
"act_id": 175,
"details": "52H. (1) No suit, prosecution or other legal proceeding shall lie against an Administrator for anything which is in good faith done or intended to be done in pursuance of section 52A, section 52B, section 52C or section 52D. (2) No suit or other legal proceeding shall lie against the Government or the Chief Controller for any damage caused or likely to be caused by anything which is in good faith done or intended to be done under section 52A, section 52B or section 52E.",
"name": "Protection of action taken under sections 52A to 52D",
"related_acts": "",
"section_id": 107
},
{
"act_id": 175,
"details": "52. \t(1) No insurer shall after the commencement of this Act, begin, or after three years from that date continue to carry on, any business upon the dividing principle, that is to say, on the principle that the benefit secured by a policy is not fixed but depends either wholly or partly on the results of a distribution of certain sums amongst policies becoming claims within certain time-limits, or on the principle that the premiums payable by a policy-holder depend wholly or partly on the number of policies becoming claims within certain time-limits: Provided that nothing in this section shall be deemed to prevent an insurer from allocating bonuses to holders of policies of life insurance as a result of a periodical actuarial valuation either as reversionary additions to the sums insured or as immediate cash bonuses or otherwise: Provided further that an insurer who continues to carry on insurance business on the dividing principle after the commencement of this Act shall withhold from distribution a sum of not less than forty per cent of the premiums received during each year after the commencement of this Act, in which such business is continued so as to make up the amount required for investment under section 27. (2) and (3) 101Omitted by section 43 of the Insurance (Amendment) Act, 1958 (Act No. XXVII of 1958).",
"name": "Prohibition of business on dividing principle",
"related_acts": "",
"section_id": 108
},
{
"act_id": 175,
"details": "52A. (1) If at any time the Chief Controller has reason to believe that an insurer carrying on insurance business is acting in a manner likely to be prejudicial to the interest of holders of insurance policies, he may, after giving such opportunity to the insurer to be heard as he thinks fit, make a report thereon to the Government. (2) \tThe Government, if it is of opinion after considering the report that it is necessary or proper to do so, may appoint an Administrator to manage the affairs of the insurer under the direction and control of the Chief Controller. (3) \tThe Administrator shall receive such remuneration as the Government may direct and the Government may at any time cancel the appointment and appoint some other person as Administrator. (4) \tThe management of the business of the insurer shall as on and after the date of appointment of the Administrator vest in such Administrator but except with the leave of the Chief Controller the Administrator shall not issue any further policies. (5) \tAs on and after the date of appointment of the Administrator any person vested with any such management immediately prior to that date shall be divested of that management. (6) \tThe Chief Controller may issue such directions to the Administrator as to his powers and duties as he deems desirable in the circumstances of the case, and the Administrator may apply to the Chief Controller at any time for instructions as to the manner in which he shall conduct the management of the business of the insurer or in relation to any matter arising in the course of such management.",
"name": "When Administrator for management of insurance business may be appointed",
"related_acts": "",
"section_id": 109
},
{
"act_id": 175,
"details": "52B. (1) The Administrator shall conduct the management of the business of the insurer with the greatest economy compatible with efficiency and shall, as soon as may be possible, file with the Chief Controller a report stating which of the following courses is in the circumstances most advantageous to the general interest of the holders of insurance policies, namely:- (a)\tthe transfer of the business of the insurer to some other insurer; (b)\tthe carrying on of its business by the insurer (in case of life insurance business whether with the policies of the business continued for the original sum insured with the addition of bonuses that attach to the policies or for reduced amounts); (c)\tthe winding up of business of the insurer; or (d)\tsuch other course as he deems advisable. (2) \tOn the filing of the report with the Chief Controller, the Chief Controller may take such action as he thinks fit for promoting the interest of the holders of insurance policies in general. (3) \tAny order passed by the Chief Controller under sub-section (2) shall be binding on all persons concerned, and shall have effect notwithstanding anything in the Memorandum or Articles of Association of the insurer, if a company.",
"name": "Powers and duties of the Administrator",
"related_acts": "",
"section_id": 110
},
{
"act_id": 175,
"details": "52C. (1) If the Administrator is satisfied that any person has rendered himself liable to be proceeded against under section 106, he may, pending the institution of proceedings against such person under that section, by order in writing prohibit him or any other person from transferring or otherwise disposing of any property which, in the opinion of the Administrator, would be liable to attachment in proceedings under that section. (2) Any person aggrieved by an order made by the Administrator under sub-section (1) may, within fourteen days from the date on which the order is served on him, appeal against such order to the Government and the Government may pass such order thereon as it thinks fit. (3) An order made by the Administrator under sub-section (1) shall, subject to any order made by the Government on appeal, be in force for a period of three months from the date of the order, unless, before the expiry of the said period, an application is made under sub-section (1) of section 106 to the Court competent to exercise jurisdiction under that sub-section, and when such an application is made, the order shall, subject to any order made by that Court, continue in force as if it were an order of attachment made by that Court in proceedings under that section. (4) \tAn order made by the Administrator under this section shall,- (a)\tin the case of an order affecting a corporation or firm, be served in the manner provided for the service of summons in rule 2 of Order XXIX or rule 3 of Order XXX, as the case may be, in the First Schedule to the Code of Civil Procedure, 1908, and (b)\tin the case of an order affecting a person not being a corporation or firm, be served on such person,- (i) \tpersonally, by delivering or tendering to him the order, or (ii)\tby post, or (iii)\twhere the person cannot be found, by leaving a copy of the order with some adult male member of his family or by affixing such copy to some conspicuous part of the premises in which he is known to have last resided or carried on business or personally worked for gain, and every such order shall also be published in the official Gazette. (5)\tIf any question arises whether a person was duly served with an order under sub-section (4) the publication of the order in the official Gazette shall be conclusive proof that the order was so served, and a failure to comply with the provisions of clause (a) or clause (b) of sub-section (4) shall not affect the validity of the order. (6) \tNotwithstanding anything contained in this section, any property in respect of which an order has been made by the Administrator may, with the previous permission of the Administrator and subject to such terms and conditions as he may impose, be transferred or otherwise disposed of. (7) \tNotwithstanding anything contained in any other law for the time being in force, the transfer or other disposition of any property in contravention of any order made by the Administrator under this section or of any terms and conditions imposed by him shall be void. (8) \tFor the purpose of enabling him to form an opinion as to whether any property would be liable to attachment in proceedings under section 106 or for the purpose of enabling him to institute proceedings under that section, the Administrator may require any person to furnish information on such points or matters as, in the opinion of the Administrator may be relevant for the purpose, and any person so required shall be deemed to be legally bound to furnish such information within the meaning of section 176 of the 102Penal Code. (9) \tThe Administrator shall have all the powers of a civil Court under the Code of Civil Procedure, 1908, while trying a suit in respect of the following matters, namely:- (a)\tsummoning and enforcing the attendance of witnesses and examining them on oath; (b)\trequiring the production of documents; and (c)\treceiving evidence on affidavits; and any proceeding before the Administrator under this section shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the 103Penal Code. (10) Save as provided in this section or in section 106, and notwithstanding anything contained in any other law for the time being in force,- (a)\tno suit or other legal proceeding shall lie in any Court to set aside or modify any order of the Administrator or the Government made under this section, and (b)\tno Court shall pass any decree, grant any injunction or make any other order which shall have the effect of nullifying or affecting in any way any such order.",
"name": "Powers of Administrator respecting property liable to attachment under section 106",
"related_acts": "86,86",
"section_id": 111
},
{
"act_id": 175,
"details": "10453A. Notwithstanding anything contained in any other law, in ascertaining for any purpose of this Act the solvency or otherwise of any insurer, no account shall be taken of any assets of the insurer consisting of unpaid-up share capital.",
"name": "Unpaid-up share capital",
"related_acts": "",
"section_id": 112
},
{
"act_id": 175,
"details": "53. (1) The Court may order the winding up in accordance with the Companies Act, 1913, of any insurance company and the provisions of that Act shall, subject to the provisions of this Act apply accordingly. (2) \tIn addition to the grounds on which such an order may be based, the Court may order the winding up of an insurance company- (a)\tif with the sanction of the Court previously obtained a petition in this behalf is presented by shareholders not less in number than one-tenth of the whole body of shareholders and holding not less than one-tenth of the whole share capital or by not less than fifty policy-holders holding policies of life insurance that have been in force for not less than three years and are of the total value of not less than fifty thousand Taka; or (b)\tif the Chief Controller of Insurance, who is hereby authorised to do so, applies in this behalf to the Court on any of the following grounds, namely:- (i)\tthat the company has failed to deposit or to keep deposited with the Bangladesh Bank the amounts required by section 7 or section 98, (ii)\tthat the company having failed to comply with any requirement of this Act has continued such failure or having contravened any provision of this Act has continued such contravention for a period of three months after notice of such failure or contravention has been conveyed to the company by the Chief Controller of Insurance, (iii)\t\tthat it appears from the returns furnished under the provisions of this Act or from the results of any investigation made thereunder that the company is insolvent, or (iv)\tthat the continuance of the company is prejudicial to the interests of the policy-holders.",
"name": "Winding up by the Court",
"related_acts": "",
"section_id": 113
},
{
"act_id": 175,
"details": "54. Notwithstanding anything contained in the Companies Act, 1913, an insurance company shall not be wound up voluntarily except for the purpose of effecting an amalgamation or a re-construction of the company, or on the ground that by reason of its liabilities it cannot continue its business.",
"name": "Voluntary winding up",
"related_acts": "",
"section_id": 114
},
{
"act_id": 175,
"details": "55. (1) In the winding up of an insurance company or in the insolvency of any other insurer the value of the assets and the liabilities of the insurer shall be ascertained in such manner and upon such basis as the liquidator or receiver in insolvency thinks fit, subject, so far as applicable, to the rule contained in the Sixth Schedule and to any directions which may be given by the Court. (2) \tFor the purposes of any reduction by the Court of the amount of the contracts of any insurance company the value of the assets and liabilities of the company and all claims in respect of policies issued by it shall be ascertained in such manner and upon such basis as the Court thinks proper having regard to the rule aforesaid. (3) \tThe rule in the Sixth Schedule shall be of the same force and may be repealed, altered or amended as if it were a rule made in pursuance of section 11138)and rules may be made under that section for the purpose of carrying into effect the provisions of this Act with respect to the winding up of insurance companies.",
"name": "Valuation of liabilities",
"related_acts": "",
"section_id": 115
},
{
"act_id": 175,
"details": "56. (1) In the winding up of an insurance company and in the insolvency of any other insurer the value of the assets and the liabilities of the insurer in respect of life insurance business shall be ascertained separately from the value of any other assets or any other liabilities of the insurer and no such assets shall be applied to the discharge of any liabilities other than those in respect of life insurance business except in so far as those assets exceed the liabilities in respect of life insurance business. (2) \tIn the winding up of an insurance company carrying on the business of life insurance or in the insolvency of any other insurer carrying on such business where any proportion of the profits of the insurer was before the commencement of the winding up or insolvency allocated to policy-holders, if, when the assets and liabilities of the insurer have been ascertained, there is found to be a surplus of assets over liabilities (hereinafter referred to as a prima facie surplus) there shall be added to the liabilities of the insurer in respect of the life insurance business an amount equal to such proportion of the prima facie surplus as is equivalent to such proportion of the profits allocated to shareholders and policy-holders as was allocated to policy-holders during the ten years immediately preceding the commencement of the winding up and the assets of the insurer shall be deemed to exceed his liabilities only in so far as those assets exceed those liabilities after such addition: Provided that- (a) \tif in any case there has been no such allocation or if it appears to the Court that by reason of special circumstances it would be inequitable that the amount to be added to the liabilities of the insurer in respect of the life insurance business should be an amount equal to such proportion as aforesaid, the amount to be so added shall be such amount as the Court may direct, and (b) \tfor the purpose of the application of this sub-section to any case where before the commencement of the winding up or insolvency a proportion of such profits as aforesaid of a branch only of the life insurance business in question has been allocated to policy-holders, the value of the assets and liabilities of the insurer in respect of that branch shall be separately ascertained in like manner as the value of his assets and liabilities in respect of the life insurance business was ascertained, and the surplus so found, if any, of assets over liabilities shall, for the purpose of determining the amount to be added to the liabilities of the insurer in respect of the life insurance business be deemed to be the prima facie surplus.",
"name": "Application of surplus assets of life insurance fund in liquidation or insolvency",
"related_acts": "",
"section_id": 116
},
{
"act_id": 175,
"details": "57. \t(1) Where the insurance business or any part of the insurance business of an insurance company has been transferred to another insurance company under an arrangement in pursuance of which the first mentioned company (in this section referred to as the secondary company) or the creditors thereof has or have claims against the company to which such transfer was made (in this section referred to as the principal company then, if the principal company is being wound up by or under the supervision of the Court, the Court shall (subject as hereinafter mentioned) order the secondary company to be wound up in conjunction with the principal company and may by the same or any subsequent order appoint the same person to be liquidator for the two companies and make provision for such other matters as may seem to the Court necessary with a view to the companies being wound up as if they were one company. (2) \tThe commencement of the winding up of the principal company shall, save as otherwise ordered by the Court, be the commencement of the winding up of the secondary company. (3) \tIn adjusting the rights and liabilities of the members of the several companies among themselves the Court shall have regard to the constitution of the companies and to the arrangements entered into between the companies in the same manner as the Court has regard to the rights and liabilities of different classes of contributories in the case of the winding up of a single company or as near thereto as circumstances admit. (4) \tWhere any company alleged to be secondary is not in process of being wound up at the same time as the principal company to which it is alleged to be secondary, the Court shall not direct the secondary company to be wound up, unless, after hearing all objections (if any) that may be urged by or on behalf of the company against its being wound up, the Court is of opinion that the company is secondary to the principal company and that the winding up of the company in conjunction with the principal company is just and equitable. (5) \tAn application may be made in relation to the winding up of any secondary company in conjunction with the principal company by any creditor of, or person interested in, the principal or secondary company. (6) \tWhere a company stands in the relation of a principal company to one insurance company and in the relation of a secondary company to some other insurance company or where there are several insurance companies standing in the relation of secondary companies to one principal company, the Court may deal with any number of such companies together or in separate groups as it thinks most expedient upon the principles laid down in this section.",
"name": "Winding up secondary companies",
"related_acts": "",
"section_id": 117
},
{
"act_id": 175,
"details": "58.\t(1) If at any time it appears expedient that the affairs of an insurance company in respect of any class of business comprised in the undertaking of the company should be wound up but that any other class of business comprised in the undertaking should continue to be carried on by the company or be transferred to another insurer, a scheme for such purposes may be prepared and submitted for confirmation of the Court in accordance with the provisions of this Act. (2) \tAny scheme prepared under this section shall provide for the allocation and distribution of the assets and liabilities of the company between any classes of business affected (including the allocation of any surplus assets which may arise on the proposed winding up), for any future rights of every class of policy-holders in respect of their policies and for the manner of winding up any of the affairs of the company which are proposed to be wound up and may contain provisions for altering the memorandum of the company with respect to its objects and such further provisions as may be expedient for giving effect to the scheme. (3) \tThe provisions of this Act relating to the valuation of liabilities of insurers in liquidation and insolvency and to the application of surplus assets of the life insurance fund in liquidation or insolvency shall apply to the winding up of any part of the affairs of a company in accordance with the scheme under this section in like manner as they apply in the winding up of an insurance company, and any scheme under this section may apply with the necessary modifications to any of the provisions of the Companies Act, 1913, relating to the winding up of companies. (4) \tAn order of the Court confirming a scheme under this section whereby the memorandum of a company is altered with respect to its objects shall as respects the alteration have effect as if it were an order confirmed under section 12 of the Companies Act, 1913, and the provisions of sections 15 and 16 of that Act shall apply accordingly. (5) When making an order confirming a scheme under this section, the Court may make such orders as it considers necessary for the disposal of so much of the deposit made by the company under section 7 or section 98 as does not relate to the classes of insurance business, if any, which the company continues to carry on.",
"name": "Schemes for partial winding up of insurance companies",
"related_acts": "",
"section_id": 118
},
{
"act_id": 175,
"details": "59. \tIn the winding up of an insurance company (otherwise than in a case to which section 58 applies) and in the insolvency of any other insurer, the liquidator or assignee, as the case may be, shall apply to the Court for an order for the return of the deposit made by the company or the insurer, as the case may be, under section 7 or section 98 and the Court shall, on such application, order a return of the deposit subject to such terms and conditions as it shall direct.",
"name": "Return of deposits",
"related_acts": "",
"section_id": 119
},
{
"act_id": 175,
"details": "60. In the winding up of an insurance company for the purposes of a cash distribution of the assets and in the insolvency of any other insurer the liquidator or assignee, as the case may be, in the case of all persons appearing by the books of the company or other insurer to be entitled to or interested in the policies granted by the company or other insurer shall ascertain the value of the liability of the company or other insurer to each such person and shall give notice of such value to those persons in such manner as the Court may direct and any person to whom notice is so given shall be bound by the value so ascertained unless he gives notice of his intention to dispute such value in such manner and within such time as may be specified by a rule or order of the Court.",
"name": "Notice of policy values",
"related_acts": "",
"section_id": 120
},
{
"act_id": 175,
"details": "61. (1) Where an insurance company is in liquidation or any other insurer is insolvent the Court may make an order reducing the amount of the insurance contracts of the company or other insurer upon such terms and subject to such conditions as the Court thinks just. (2) \tWhere a company carrying on the business of the life insurance has been proved to be insolvent, the Court may, if it thinks fit in place of making a winding up order reduce the amount of the insurance contracts of the company upon such terms and subject to such conditions as the Court thinks fit. (3) Application for an order under this section may be made either by the liquidator or by or on behalf of the company or by a policy-holder, or by the Chief Controller of Insurance and the Chief Controller of Insurance and any person whom the Court thinks likely to be affected shall be entitled to be heard on any such application.",
"name": "Power of Court to reduce contracts of insurance",
"related_acts": "",
"section_id": 121
},
{
"act_id": 175,
"details": "62. Where, by the law or practice of any country outside Bangladesh in which an insurer carrying on insurance business in Bangladesh is constituted, incorporated or domiciled, insurance companies incorporated in Bangladesh are required as a condition of carrying on insurance business in that country to comply with any special requirements whether as to the keeping of deposits of assets in that country or otherwise which is not imposed upon insurers of that country under this Act the Government shall, if satisfied of the existence of such special requirement, by notification in the official Gazette, direct that the same requirement, or requirements as similar thereto as may be shall be imposed upon insurers of that country as a condition of carrying on the business of insurance in Bangladesh.",
"name": "Power of Government to impose reciprocal disabilities on non-Bangladesh companies",
"related_acts": "",
"section_id": 122
},
{
"act_id": 175,
"details": "63. Every insurer, having his principal place of business or domicile outside Bangladesh, who establishes a place of business within Bangladesh, or appoints a representative in Bangladesh with the object of obtaining insurance business, shall within three months from the establishment of such place of business or the appointment of such representative, file with the Chief Controller of Insurance- (a)\ta certified copy of the charter, statutes, deed of settlement or memorandum and articles or other instrument constituting or defining the constitution of the insurer, and, if the instrument is not written in the English language, a certified translation thereof, (b)\ta list of the directors, if the insurer is a company, (c)\tthe name and address of some one or more persons resident in Bangladesh authorised to accept on behalf of the insurer service of process and any notice required to be served on the insurer, together with a copy of the power of attorney granted to him, (d)\tthe full address of the principal office of the insurer in Bangladesh, (e)\ta statement of the classes of insurance business to be carried on by the insurer, and (f)\ta statement verified by an affidavit setting for the special requirements, if any, of the nature specified in section 62 imposed in the country of origin of the insurer on Bangladesh nationals, and, in the event of any alteration being made in the address of the principal office or in the classes of business to be carried on, or in any instrument here referred to, or in the name of any of the persons here referred to, or in the matters specified in clause (f) above, the company shall forthwith furnish to the Chief Controller of Insurance particulars of such alteration.",
"name": "Particulars to be filed by insurers established outside Bangladesh",
"related_acts": "",
"section_id": 123
},
{
"act_id": 175,
"details": "64. Every insurer having his principal place of business or domicile outside Bangladesh shall manage its affairs in Bangladesh at his principal office in Bangladesh and shall keep thereat all the records relating to the business of the insurer in Bangladesh including such books of account, registers and documents as will enable him to furnish the accounts, statements and abstracts which he is required under this Act to furnish to the Chief Controller of Insurance in respect of the insurance business transacted by him in Bangladesh.",
"name": "Books to be kept by insurers established outside Bangladesh",
"related_acts": "",
"section_id": 124
},
{
"act_id": 175,
"details": "65. (1) In this Part “provident society” means, a person who, or a body of persons (whether corporate or un-incorporate) which, not being an insurer registered for the time being under Part II of this Act, carries on the business of \tinsuring the payment, on the happening of any of the contingencies mentioned in sub-section (2), of- (a)\tan annuity of or equivalent to one hundred Taka or less, payable for an uncertain period, or (b)\ta gross sum of nine hundred Taka or less, whether paid or payable in a lump sum or in two or more instalments over a certain period, exclusively in both cases (a) and (b) of any profit or bonus not being a guaranteed profit or bonus. Explanation.- For the purposes of this sub-section a period is “certain” if its duration is ascertainable in advance and “uncertain” if its duration is not so ascertainable. (2) \tThe contingencies referred to in sub-section (1) are the following, namely:- (a)\tthe birth, marriage or death of any person or the survival by a person of a stated or implied age or contingency; (b)\tfailure of issue; (c)\tthe occurrence of a social, religious or other ceremonial occasion; (d)\tloss of or retirement from employment; (e)\tdisablement in consequence of sickness or accident; (f)\tthe necessity of providing for the education of a dependent; (g)\tany other contingency which may be prescribed or which may be authorised by the 105Government. (3) For the purposes of sub-sections (1) and (2)- (a)\tcontracts entered into before the commencement of this Act shall not be taken into account; (b) \ttwo or more policies issued to one person shall, for the purposes of determining whether the limits fixed by sub-section (1) have or have not been exceeded, be deemed to be one policy if the contingencies on the happening of which the sums are payable under the policies (whether the contingencies be the same or different) relate to one person only, whether he be the policy-holder or some other person. (4) \tEvery person or body of persons for the time being registered as a provident society under the Provident Insurance Societies Act, 1912, and every person or body of persons for the time being registered as a provident society under this Act, shall be deemed to be a provident society for all the purposes of this Act. (5) If any question arises whether any person or body of persons is or is not a provident society within the meaning of this section, the Chief Controller of Insurance shall decide the question and his decision shall be final.",
"name": "Definition of “provident society”",
"related_acts": "",
"section_id": 125
},
{
"act_id": 175,
"details": "66. No provident society shall undertake any form of insurance not falling within the limits fixed by sub-section (1) of section 65, nor shall any provident society be eligible to be registered under section 3.",
"name": "Restrictions on provident societies",
"related_acts": "",
"section_id": 126
},
{
"act_id": 175,
"details": "67. No provident society established after the commencement of this Act, shall adopt as its name, and no provident society established before the commencement of this Act shall continue after the expiry of six months from the commencement thereof to use as its name, any combination of words which fails to include the word “provident” or which includes the word “life”.",
"name": "Name",
"related_acts": "",
"section_id": 127
},
{
"act_id": 175,
"details": "68. \tNo provident society shall receive any premium or contribution for insuring money to be paid to any person other than the person paying such premium or contribution or the wife, husband, child, grand-child, parent, brother or sister, nephew or niece of such a person.",
"name": "Insurable interest",
"related_acts": "",
"section_id": 128
},
{
"act_id": 175,
"details": "69. \t(1) No provident society shall carry on any business upon the dividing principle, that is to say, on the principle that the benefit secured by a policy is not fixed but depends either wholly or partly on the results of a distribution of certain sums amongst policies becoming claims within certain time-limits, or on the principle that the premiums payable by a policy holder depend wholly or partly on the number of policies becoming claims within certain time-limits. (2) The Chief Controller of Insurance shall, as soon as possible, take steps to have any provident society which carries on business on the dividing principle wound up: Provided that, where any such provident society in existence at the commencement of this Act applies within three months of such commencement to the Chief Controller of Insurance for permission to continue carrying on its business with a view meanwhile to reorganise its business in accordance with the provisions of this Act, the Chief Controller of Insurance may at his discretion, with due regard to the past history of the society, permit the society to continue business for a period not exceeding two years from the date of receipt of such permission, so however that no new business on the dividing principle is undertaken by the society. (3) Where after the commencement of the Insurance (Amendment) Act, 1941, a provident society is to be wound up in pursuance of this section, or where, whether before or after the commencement of that Act, a provident society ceases to carry on business on the dividing principle, the provisions of sub-section (2) and sub-section (3) of section 52 shall, so far as may be, apply in like manner as they apply to an insurer ceasing to carry on business on the dividing principle.",
"name": "Dividing business",
"related_acts": "",
"section_id": 129
},
{
"act_id": 175,
"details": "70. \t(1) No provident society except a provident society registered under the provisions of the Provident Insurance Societies Act, 1912, shall receive any premium or contribution until it has obtained from the Chief Controller of Insurance a certificate of registration. (2) Every application for registration shall be accompanied by- (a)\ta certified copy of the rules of the society, and when the society is a company incorporated under the Companies Act, 1913, or under the Indian Companies Act, 1882, or under the Indian Companies Act, 1886, or under any Act repealed thereby a certified copy of the Memorandum and Articles of Association, or where the society is not such a company, a certified copy of the deed of constitution of the society; (b)\tthe names and addresses of the proprietors or directors, and the managers of the society, the full address of the registered office of the society, the full address of the principal office of the society in Bangladesh, the name of the manager at such office, and the name and address of some one or more persons resident in Bangladesh authorised to accept any notice required to be served on the society; (c)\ta certificate from the Bangladesh Bank that the initial deposit referred to in section 73 has been made; (d)\ta declaration verified by an affidavit made by the principal officer of the society authorised in that behalf that the minimum working capital required by section 72, is available; and (e)\tthe receipt showing payment in the prescribed manner of the prescribed fee for registration being not more than two hundred Taka. (3) The Chief Controller of Insurance may refuse to issue a certificate of registration until he is satisfied that the rules of the society comply with the provisions of this Act and that the Society complies with the provisions of sections 67,71,72,73 and 73A , but if he is so satisfied he shall register the society and its rules. 106(3A) The Chief Controller of Insurance shall, if he refuses a certificate of registration, communicate his decision in writing to the applicant for such registration within three months from the date of the application. (4) \tThe Chief Controller of Insurance may, after giving previous notice in writing in such manner as he thinks fit specifying the grounds for the proposed cancellation, and allowing the society concerned an opportunity of being heard, cancel the registration of the society made under this section or made under the provisions of the Provident Insurance Societies Act, 1912- (a)\tif he is satisfied from the returns furnished under the provisions of this Act or as the result of an inquiry made under section 87- (ii)\tthat the business of the society is conducted fraudulently or not in accordance with the rules thereof, or that it is in the interests of the policy-holders that the society should cease to carry on business, (b)\tif the initial deposit or any of the further deposits required by section 73 has not been made, or (c)\tif the society, having failed to comply with any requirement or having contravened any provision of this Act, has continued such failure or contravention, for a period of one month after notice of such failure or contravention has been conveyed to the society by the Chief Controller of Insurance: Provided that the Chief Controller of Insurance may without such previous notice,- (a)\tcancel the registration of a provident society, which has failed to have its registration renewed, or (b)\tcancel, on such terms and conditions as he thinks fit, the registration of any provident society which applies to him for such cancellation if he is satisfied that the society has ceased to carry on insurance business and that all its liabilities in respect of insurance policies are either satisfied or otherwise provided for, or (c)\tcancel the registration of a provident society if he has reason to believe that any claim upon the society arising in Bangladesh under any policy of insurance remains unpaid for three months after final judgment in regular course of law. (5) When a registration is cancelled the provident society shall not, after the cancellation has taken effect, enter into any new contracts of insurance, but all rights and liabilities in respect of contracts of insurance entered into by it before such cancellation takes effect shall, subject to the provisions of section 88, continue as if the cancellation had not taken place. (6) \tWhere a registration is cancelled under clause (b) of sub-section (4) or clause (c) of the proviso to that sub-section, or because the society has failed to have its registration renewed, the Chief Controller of Insurance may at his discretion revive the registration if the provident society, within six months from the date on which the cancellation took effect, makes the deposits required by section 73 or satisfies the Chief Controller of Insurance that no claim upon it such as is referred to in the said clause (c) remains unpaid or has had an application under sub-section (3) of section 70A accepted, as the case may be, and complies with any directions which may be given to it by the Chief Controller of Insurance. (7) The Chief Controller of Insurance may, on payment of the prescribed fee which shall not exceed five Taka, issue a duplicate certificate of registration to replace a certificate lost, destroyed or mutilated, or in any other case where he is of opinion that the issue of a duplicate certificate is necessary.",
"name": "Registration",
"related_acts": "",
"section_id": 130
},
{
"act_id": 175,
"details": "10770A. (1) Every provident society registered under this Act, or under the Provident Insurance Societies Act, 1912, shall have its registration renewed annually for each period of twelve months after that ending on the 30th day of June, 1942. (2) \tAn application for the renewal of a registration shall be made by the society to the Chief Controller of Insurance before the 30th day of June preceding the period for which renewal is sought, and shall be accompanied as provided in sub-section (3) by evidence of payment of the prescribed fee which shall not exceed two hundred Taka but may vary according to the volume of insurance business done by the society. (3) \tThe prescribed fee for the renewal of a registration for any year shall be paid into the Bangladesh Bank, or, where there is no office of that Bank, 108* * * into any Government treasury, and the receipt shall be sent along with the application for renewal of the registration. (4) \tIf a provident society fails to apply for renewal of registration before the date specified in sub-section (2) the Chief Controller of Insurance may, so long as he has taken no action under section 88 to have the society wound up, accept an application for renewal of registration on receipt from the society of the fee payable with the application and such penalty, not exceeding the prescribed fee payable by the society, as he may require. (5) The Chief Controller of Insurance shall, on being satisfied that the society has fulfilled the requirements of this section, renew the registration and grant it a certificate of renewal of registration. (6) The Chief Controller of Insurance shall, if he refuses the renewal of registration, communicate his decision in writing to the application for such renewal within three months from the date of the application.",
"name": "Renewal of registration",
"related_acts": "",
"section_id": 131
},
{
"act_id": 175,
"details": "70B. (1) Every provident society registered under section 70 before the commencement of the Insurance (Amendment) Act, 1941, shall, before the expiration of three months from the commencement of the Insurance (Amendment) Act, 1941, furnish to the Chief Controller of Insurance such particulars in addition to those already supplied for the purpose of obtaining registration as are required by sub-section (2) of section 70 of this Act as amended by the Insurance (Amendment) Act, 1941. (2) Omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973). (3) \tWhen any alteration occurs or is made which affects any of the matters which are required under the provisions of sub-section (2) of section 70 to accompany an application by a provident society for registration under that section, or are to be furnished to the Chief Controller of Insurance under this section, the provident society shall furnish forthwith to the Chief Controller of Insurance full particulars duly authenticated of such alteration.",
"name": "Supplementary information and reports of alterations in particulars furnished with application for registration",
"related_acts": "430",
"section_id": 132
},
{
"act_id": 175,
"details": "71. The provisions of sections 20,32,46 and 53A shall apply to provident societies as they apply to insurers, and in such application references to shareholders of an insurer shall be construed as references to members of a provident society: Provided that a provident society may charge a fee not exceeding one Taka for supplying a copy of any document referred to in sub-section (2) of section 20.",
"name": "Certain provisions of Part II to apply to provident societies",
"related_acts": "",
"section_id": 133
},
{
"act_id": 175,
"details": "72. \tNo provident society shall be registered unless it has a paid-up capital sufficient to provide as working capital a net sum of not less than five thousand Taka exclusive of deposits made under this Act and exclusive in the case of a company of any expenses incurred in connection with the formation of the company.",
"name": "Working capital",
"related_acts": "",
"section_id": 134
},
{
"act_id": 175,
"details": "73. (1) Every provident society shall, if established before the commencement of this Act within one year from such commencement, or, if established after the commencement of this Act before the society applies for registration under section 70, deposit and keep deposited with the Bangladesh Bank in one of the offices in Bangladesh of the Bank, for and on behalf of the Government cash or approved securities amounting at the market value of the securities on the date of deposit to five thousand Taka, and shall thereafter make in each calendar year a further deposit amounting to not less than one-fifth of the premium income for the preceding calendar year as shown in the revenue account of the society (including admission fees and other fees received by the society) until the total amount so deposited and kept is fifty thousand Taka. (2) The provisions of sub-sections (8),(9),(9A),(9B) and (10) of section 7 and of sub-section (1) of section 8 and of section 9 shall apply to the deposits made under this section as they apply to deposits made by an insurer.",
"name": "Deposits",
"related_acts": "",
"section_id": 135
},
{
"act_id": 175,
"details": "10973A. (1) A provident society shall not be registered by a name identical with that by which an insurer or another provident society in existence is already registered, or so nearly resembling that name as to be calculated to deceive, except when the provident society in existence is in the course of being dissolved and signifies its consent, or the insurer in existence signifies his consent, to the Chief Controller of Insurance. (2) If a provident society, through inadvertence or otherwise, is without such consent as aforesaid registered by a name identical with that by which an insurer or another provident society already in existence is registered, or so nearly resembling it as to be calculated to deceive, the first-mentioned society shall, if called upon to do so by the Chief Controller of Insurance on the application of the insurer or the second-mentioned society, change its name within a time to be fixed by the Chief Controller of Insurance: Provided that nothing in this section shall apply to any provident society carrying on business before the commencement of the Insurance (Amendment) Act, 1946.",
"name": "Restriction on name of provident society",
"related_acts": "",
"section_id": 136
},
{
"act_id": 175,
"details": "74. \t(1) Every provident society shall in its rules set forth- (a)\tthe name, the object and the location of the registered office of the society; (b)\tthe contingencies or classes of contingency on the happening of which money is to be paid; (c)\tthe conditions to be complied with before, and the payments to be made on, admission to the society; (d)\tthe rates of premium or contribution, and the periods for which or the times at which premiums or contributions are payable; (e)\tthe maximum amount payable to a subscriber or policy-holder; (f)\tthe nature and amounts of the benefits provided for by the society; (g)\tthe circumstances in which a bonus may be paid to a policy-holder; (h)\tthe nature of the evidence required for the proof of the happening of any contingency on which money is to be paid; (i)\tthe circumstances in which policies may be forfeited or renewed or the whole or a part of the premiums paid on a policy may be returned, or a surrender value of a policy may be granted; (j)\tthe penalties for delay in paying or failure to pay premiums or contributions; (k)\tthe proportion of the annual income of the society which may be disbursed on and the provisions to be made for meeting the expenses of the management of the society; (l)\tthe person or persons who or the authority which shall have power to invest the funds of the society; (m)\tthe provisions for appointment of auditors and their remuneration; (n)\tthe procedure to be adopted in altering the rules of the society; (o)\tunless these are provided for in the Articles of Association of a society which is a company incorporated under the Companies Act, 1913, or under the Indian Companies Act, 1882, or under the Indian Companies Act, 1866, or under any Act repealed thereby,- (i)\tthe mode of appointment and removal, the qualification and the powers of a director, manager, secretary or other officer of the society; (ii)\tthe manner of raising additional capital; and (iii)\tthe provisions for the holding of general meetings of the members and policy-holders and for the powers to be exercised and the procedure to be followed thereat; and (p)\tsuch other matters as may be prescribed. (2) \tWhere the rules of any provident society registered under the Provident Insurance Societies Act, 1912, fail to comply with the provisions of this section the society shall, before the expiry of twelve months from the commencement of this Act, amend the rules so as to comply with these provisions.",
"name": "Rules",
"related_acts": "",
"section_id": 137
},
{
"act_id": 175,
"details": "75. \t(1) No amendment of any rule of a provident society shall be valid until it has been sent to the Chief Controller of Insurance and has been registered by him. (2) The Chief Controller of Insurance on being satisfied that the proposed amendment is not contrary to the provisions of this Act shall, unless he is of opinion that the amendment unfairly affects the rights of existing members or policy-holders of the society, issue to the society an acknowledgment of the registration of the amended rule. (3) The Chief Controller of Insurance shall, if he refuses registration of any amendment of any rule, communicate his decision in writing to the applicant for such registration within three months from the date of the application.",
"name": "Amendment of rules",
"related_acts": "",
"section_id": 138
},
{
"act_id": 175,
"details": "76. Every provident society shall on demand deliver free of cost to any member of the society a copy of the rules of the society and to any person other than a member a copy of such rules on the payment of a sum not exceeding one Taka.",
"name": "Supply of copy of rules",
"related_acts": "",
"section_id": 139
},
{
"act_id": 175,
"details": "77. \tEvery provident society shall have in Bangladesh a principal office (on the outside of which it shall keep displayed its name in a conspicuous position in legible characters) to which all communications and notices may be addressed, and shall give notice to the Chief Controller of Insurance of any change in the location thereof within twenty-eight days of its occurrence.",
"name": "Registered office",
"related_acts": "",
"section_id": 140
},
{
"act_id": 175,
"details": "78. Where any notice, advertisement or other official publication of a provident society contains a statement of the amount of the authorised capital of the society, the publication shall also contain a statement of the amount of the capital which has been subscribed and the amount paid up.",
"name": "Publication of authorised capital to contain also subscribed and paid-up capital",
"related_acts": "",
"section_id": 141
},
{
"act_id": 175,
"details": "79. Every provident society shall keep at its principal office in Bangladesh- (a)\tsuch registers in such form as may be prescribed; (b)\ta cash book in which shall be entered separately for each class of contingency separately specified in section 65 all sums received and expended by the society and the matters in respect of which the receipt of expenditure takes place; (c)\ta ledger; (d)\ta journal.",
"name": "Registers and books",
"related_acts": "",
"section_id": 142
},
{
"act_id": 175,
"details": "80. (1) Every provident society shall at the expiry of the calendar year prepare a revenue account and balance-sheet in the prescribed form verified in the prescribed manner, together with a report on the general state of the society's affairs and shall cause the revenue account and balance-sheet to be audited by an auditor, and the auditor shall so far as may be in the audit of a provident society have the powers of, exercise the functions vested in, and discharge the duties and be subject to the liabilities imposed on, an auditor of companies by section 145 of the Companies Act, 1913. (2) \tEvery provident society shall at the expiry of the calendar year prepare with respect to that year- (a)\ta statement showing separately for each class of contingency separately specified in section 65- (i)\tthe number of new policies effected, the total amount insured thereby and the total premium income received in respect thereof and the number of existing policies discontinued during the year with the total amount insured thereby, and (ii)\tthe total amount of claims made and the total amount paid in satisfaction thereof; (b)\ta statement showing details of every insurance effected on a life other than the life of the person insuring; and (c)\ta statement showing the total amount paid as allowances to agents and canvassers. (3) Omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Revenue account, balance-sheet and annual statements",
"related_acts": "430",
"section_id": 143
},
{
"act_id": 175,
"details": "81. (1) Every provident society shall once in every five years or at such shorter intervals as may be laid down by the rules of the society cause an investigation to be made as at the last day of a calendar year into its financial condition including the valuation of its liabilities and assets by an actuary.\t(2) \tThe report of the actuary shall contain an abstract in which shall be stated- (a) \tthe general principles adopted in the valuation including the method by which the valuation age of lives was ascertained, (b) \tthe rate at each age of the mortality and any other factor assumed and the annuity values used in valuation, (c) \tthe reserve values held against policies effected, (d) \tthe rate of interest assumed, and (e) \tthe provision made for expenses, and shall have appended to it a certificate signed by a principal officer of the society that all material necessary for proper valuation has been placed at the disposal of the actuary and that full and accurate particulars of every policy under which there is a liability either actual or contingent have been furnished to the actuary for the purpose of the investigation. (3) \tIf the actuary finds that the financial condition of the society is such that no surplus exists for distribution as bonus to the policy-holders or as dividend to the shareholders, he shall state in his report whether in his opinion the society is insolvent and, if so, whether it should be wound up or not, and the extent to which in his opinion existing contracts should be modified or existing rates of premium should be adjusted to make good the deficiency in the assets.",
"name": "Actuarial report and abstract",
"related_acts": "",
"section_id": 144
},
{
"act_id": 175,
"details": "82. (1) The revenue account and balance-sheet with the auditor's report thereon and the report on the general state of the society's affairs referred to in sub-section (1) of section 80, shall be printed and four copies of these and of the statements referred to in sub-section (2) of section 80, shall be furnished as returns to the Chief Controller of Insurance within six months from the end of the period to which they relate. (2) All the material necessary for the proper valuation of the liabilities of the society under the provisions of section 81 shall be placed at the disposal of the actuary within three months from the end of the period to which such material relates, and the report and abstract referred to in section 81 shall be furnished as a return to the Chief Controller of Insurance within a further period of three months. (3) The provisions of sub-section (2) of section 15 relating to the copies therein referred to shall apply to the returns referred to in sub-section (1) of this-section, and the provisions of section 17 shall apply to the accounts and balance-sheet of a provident society being a company incorporated under the Companies Act, 1913, or under the Indian Companies Act, 1882, or under the Indian Companies Act, 1866, or under any Act repealed thereby, as they apply to the accounts and balance-sheet of an insurer and the Chief Controller of Insurance may exercise, in respect of returns made by a provident society and in respect of an investigation or valuation to which section 81 refers, the same powers as are exercisable by him under section 21 and section 22, respectively, in the case of an insurer.",
"name": "Submission of returns to Chief Controller of Insurance",
"related_acts": "",
"section_id": 145
},
{
"act_id": 175,
"details": "83. (1) Every provident society 110shall cause every scheme of insurance which it proposes to put into operation to be examined by an actuary, and shall not receive any premium or contribution in connection with the scheme until the actuary has certified that the rates, advantages, terms and conditions of the scheme are workable and sound, and such certificate has been forwarded to the Chief Controller of Insurance. (2) The provisions of sub-section (1) shall apply to any alteration of a scheme already in operation but the Chief Controller of Insurance may, if he is of opinion that the alteration unfairly affects the interests of existing policy-holders, prohibit the alteration, and, if he does so, the society shall not put the altered scheme into operation, unless it first discharges to the satisfaction of the Chief Controller of Insurance all its liabilities to those of the existing policy-holders who dissent from the alteration.",
"name": "Actuarial examination of schemes",
"related_acts": "",
"section_id": 146
},
{
"act_id": 175,
"details": "84. Where a provident society effects policies of insurance in connection with more than one of the classes of contingency separately specified in sub-section (2) of section 65, the receipts and payments in respect of each such class shall be recorded in a separate account in the cash book kept in accordance with section 79.",
"name": "Separation of accounts and funds",
"related_acts": "",
"section_id": 147
},
{
"act_id": 175,
"details": "85. (1) Every provident society shall, unless it already holds invested in approved securities or securities mentioned or referred to in clauses (c) and (d) of section 20 of the Trusts Act, 1882, not less than fifty per cent of the total assets of the society, invest in such securities every increase that takes place in those assets and in that part of those assets which is held in cash as soon as practicable after the increase takes place and in any case within six months of its taking place, until the total amount so invested amounts to not less than fifty per cent of the total assets of the society, and shall thereafter keep invested in such securities not less than fifty per cent of the total assets of the society: Provided that for the purpose of determining the amount to be invested under this sub-section, any deposit made in cash under section 73 shall be taken into account as if such cash were Government securities amounting at the market value of the securities on the date the deposit was made to the total deposited in cash. (2) \tNo funds or investments of a provident society except a deposit made under section 73 or under the law of any State or country relating to insurance shall be kept otherwise than in the name of the society or in the name of a public officer approved by the Government. (3) No loan shall be made out of the assets of a provident society, to any director, manager, managing agent, auditor, actuary, officer or partner of the society except on the security of a policy of insurance held in the society and within its surrender value and no such loan shall be made to any concern of which a director, manager, managing agent, auditor, actuary, officer or partner of the society is a director, manager, managing agent, actuary, officer or partner: Provided that nothing in this sub-section shall apply to loans made by a provident society to a banking company: Provided further that where any event occurs giving rise to circumstances, the existence of which at the time of the grant of any subsisting loan would have made such grant a contravention of this sub-section, such loan shall, notwithstanding any contract to the contrary, be repaid within three months from the occurrence of such event or from the commencement of the Insurance (Amendment) Act, 1946, whichever is later; and in case of default, the director, manager, managing agent, auditor, actuary or partner concerned shall, without prejudice to any other penalty which he may incur, cease to hold office in the society on the expiry of the said three months. 111(3A) Any loan prohibited under sub-section (3), made before and outstanding at the commencement of the Insurance (Amendment) Act, 1940, shall be repaid before the 1st day of January, 1941, and in case of default the director, manager, managing agent, auditor, actuary, officer or partner who has received the loan or is connected with the concern which has received the loan, as the case may be, shall cease to hold office in or be a partner of the society and shall be ineligible to hold office in or be a partner of the society until the loan is repaid. (4) Any director, manager, managing agent, auditor, actuary, officer or partner of a society which contravenes the provisions of sub-section (3) who is knowingly a party to the contravention, shall without prejudice to any other penalty which he may incur be jointly and severally liable to the society for the amount of the loan, and such amount, together with interest from the date of the loan at such rate not exceeding twelve per cent per annum as the Chief Controller of Insurance may fix, shall on application by the Chief Controller of Insurance to any Civil Court of competent jurisdiction be recoverable by execution as if a decree for such amount had been passed by that Court. (5) The provisions of section 86D of the Companies Act, 1913, shall not apply to a loan granted to a director of a provident society being a company if the loan is once granted on the security of a policy on which the society bears the risk and the policy was issued to the director on his own life and the loan is within the surrender value of the policy.",
"name": "Investment of funds",
"related_acts": "47",
"section_id": 148
},
{
"act_id": 175,
"details": "86. The books of every provident society shall at all reasonable times be open to inspection by the Chief Controller of Insurance or any person appointed by him in this behalf or by any member or policy-holder of the society who has, on application in this behalf, been permitted by the Chief Controller of Insurance, subject to such conditions, if any, as he may impose, to make such inspection.",
"name": "Inspection of books",
"related_acts": "",
"section_id": 149
},
{
"act_id": 175,
"details": "87. (1) The Chief Controller of Insurance shall at least once in two years and may, if he thinks fit, at any time visit personally or depute a suitable person to visit the principal office of a provident society or the principal office in Bangladesh of a society having its principal place of business or domicile outside Bangladesh and inquire into the affairs of the society, or may, after giving notice to the society and giving it an opportunity to be heard, direct such an inquiry to be made by an auditor or actuary appointed by him or by both an auditor and an actuary appointed simultaneously, or first by an auditor only or an actuary only and afterwards by an actuary or auditor. (2) For the purposes of any such inquiry the Chief Controller or the auditor or actuary, as the case may be, shall be entitled to examine all books and documents of the society and may demand from the society or any officer of the society such explanations as he may require on any matter relating to the affairs of the society. (3) The results of any such inquiry shall be recorded in writing by the person making the inquiry, and four copies of the record shall be supplied to the Chief Controller of Insurance; and when the inquiry is completed, a copy of the record, or of each such record where more than one are made in the course of the same inquiry, shall be sent by the Chief Controller of Insurance to the society concerned and shall be open to inspection by any member or policy-holder of the society. (4) All expenses of and incidental to any inquiry made by an auditor or actuary under sub-section (1) including any expenses incurred before the date on which the Chief Controller of Insurance receives notice of an appeal under clause (e) of sub-section (1) of section 110 shall be defrayed by the provident society, shall have priority over other debts due from the society, and shall be recoverable as an arrear of land-revenue. (5) The Chief Controller of Insurance may, by notice in writing require the provident society to comply within a time to be specified therein (not being less than fifteen days from the receipt of the notice by the society) with any directions he may issue to remedy defects disclosed by an inquiry under this section. (6) If the society fails to comply with any directions issued under sub-section (5), the Chief Controller of Insurance may, after giving notice to the society and giving it an opportunity to be heard, apply to the Court for the winding up of the society.",
"name": "Inquiry by or on behalf of Chief Controller of Insurance",
"related_acts": "",
"section_id": 150
},
{
"act_id": 175,
"details": "11287A. (1) The insurance business of a provident society may be transferred to any person or transferred to or amalgamated with the insurance business of any other provident society in accordance with a scheme prepared under this section and sanctioned by the Chief Controller of Insurance. (2) Any scheme prepared under this section shall set out the agreement under which the transfer or amalgamation is proposed to be effected, and shall contain such further provisions as may be necessary for giving effect to the scheme. (3) Before an application is made to the Chief Controller of Insurance to sanction any such scheme, notice of the intention to make the application together with a statement of the nature of the amalgamation or transfer, as the case may be, and of the reason therefore, shall at least two months before the application is made, be sent to the Chief Controller of Insurance and certified copies, four in number, of each of the following documents shall be furnished to him, and other such copies shall during the two months aforesaid be kept open for the inspection of the members and policy-holders at the principal and branch offices of the provident societies concerned, namely:- (a) \ta draft of the agreement or deed under which it is proposed to effect the amalgamation or transfer, (b) \tbalance-sheets in respect of the insurance business of each of the provident societies concerned in such amalgamation or transfer, (c) \tactuarial reports and abstracts in respect of the insurance business of each of the provident societies so concerned, (d) \ta report on the proposed amalgamation or transfer, prepared by an independent actuary, (e) \tany other reports on which the scheme of amalgamation or transfer was founded; and the balance-sheets, reports and abstracts referred to in clauses (b), (c) and (d) shall all be prepared as at the date at which the amalgamation or transfer if sanctioned by the Chief Controller of Insurance is to take effect, which date shall not be more than twelve months before the date on which the application to the Chief Controller of Insurance is made under this section: Provided that the Chief Controller of Insurance may exempt the provident society or societies concerned from furnishing to him and from keeping open for inspection any one or more of the above documents. (4) \tWhen any application such as is referred to in sub-section (3) is made to the Chief Controller of Insurance, he may require, if for special reasons he so directs, notice of the application to be sent to every person resident in Bangladesh; 113* * * who is the holder of a policy of any provident society concerned and may cause a statement of the nature and terms of the amalgamation or transfer, as the case may be, to be published in such manner and for such periods as he may direct, and after hearing the societies concerned, such policy-holders as apply to be heard and such other persons as he may deem fit, may sanction the arrangement, if he is satisfied that no sufficient objection to the arrangement has been established and shall make such consequential orders as are necessary to give effect to the arrangement, including orders as to the disposal of any deposit made under section 73: Provided that- (a) \tno part of the deposit made by any party to the amalgamation or transfer shall be returned except where, after effect is given to the arrangement the whole of the deposit to be made by the provident society carrying on the amalgamated business or the person to whom the business is transferred is completed; (b) \tonly so much shall be returned as is no longer required to complete the deposit last mentioned in clause (a); (c)\twhile the deposit last mentioned in clause (a) remains uncompleted, no accession, resulting from the arrangement, to the amount already deposited by the provident society carrying on the amalgamated business or the person to whom the business is transferred shall be appropriated as payment or part payment of any instalment of deposit subsequently due from it or him under section 73. (5) \tA copy of the order under sub-section (4) sanctioning or refusing to sanction the arrangement shall be sent to each of the societies concerned and to each of the policy-holders who applied to be heard. (6) \tIf the scheme involves a reduction of the amount of the insurance and other contracts of the transfer or society or of any or all of the societies concerned in the amalgamation, the Chief Controller of Insurance may sanction the scheme, reducing the amount of such contracts upon such terms and subject to such conditions as he may think proper and the reduction of the contracts as sanctioned by the Chief Controller of Insurance shall be valid and binding on all the parties concerned.",
"name": "Amalgamation and transfer of insurance business",
"related_acts": "",
"section_id": 151
},
{
"act_id": 175,
"details": "88. (1) The Court may order the winding up of a provident society being a company incorporated under the Companies Act, 1913, or under the Indian Companies Act, 1882, or under the Indian Companies Act, 1866, or under any Act repealed thereby, and the provisions of the Companies Act, 1913, shall, subject to the provisions of this Part, apply accordingly. (2) In addition to the grounds on which such an order may be based, the Court may order the winding up of a provident society if the Chief Controller of Insurance, who is hereby authorised to do so, applies in this behalf to the Court on any of the following grounds, namely:- (a) \tthat the registration of the society has been cancelled under sub-section (4) of section 70; (b) \tthat it appears from the returns furnished under the provisions of this Act or as the result of an inquiry made under section 87 that the society is insolvent; (c) \tthat the continuance of the society is prejudicial to the interests of the policy-holders. (3) \tA provident society being a company incorporated under the Companies Act, 1913, or under the Indian Companies Act, 1882, or under the Indian Companies Act, 1866, or under any Act repealed thereby, may be wound up voluntarily in accordance with the provisions of the Companies Act, 1913, but shall not be so wound up except for the purpose of effecting an amalgamation or reconstruction of the society or on the ground that by reason of its liabilities it cannot continue its business. (4) A provident society not being a company incorporated under the Companies Act, 1913, or under the Indian Companies Act, 1882, or under the Indian Companies Act, 1866, or under any Act repealed thereby, may be wound up voluntarily under this Act if a resolution is passed by the proprietors that the society should be wound up voluntarily for the purpose or on the ground specified in sub-section (3), and the Chief Controller of Insurance may, in any case where he has ordered the cancellation of the registration of a society under sub-section (4) of section 70, order the winding up of the society under this Act.",
"name": "Winding up by Court and voluntary winding up",
"related_acts": "",
"section_id": 152
},
{
"act_id": 175,
"details": "89. The Court may make an order reducing the amount of the insurance contracts of a provident society upon such terms and subject to such conditions as the Court thinks just- (a) \tif the Chief Controller of Insurance as an alternative to cancelling the registration of a society under sub-section (4) of section 70 applies to the Court in this behalf; (b) \tif while a society is in liquidation the Court thinks fit; (c) \tif when a society has been proved to be insolvent, the Court thinks fit to do so in place of making an order for the winding up of the society; or (d) \tif the Court is satisfied on an application made in this behalf by the society supported by the report of an actuary, and after giving the policy-holders an opportunity to be heard that it is desirable to do so.",
"name": "Reduction of insurance contracts",
"related_acts": "",
"section_id": 153
},
{
"act_id": 175,
"details": "11490A. Notwithstanding anything to the contrary contained in the Companies Act, 1913, the provisions of sections 91, 92 and 93 shall apply to any liquidator appointed to wind up a provident society, whether by the Court, the Chief Controller of Insurance or the society itself.",
"name": "Application of Act to liquidators",
"related_acts": "",
"section_id": 154
},
{
"act_id": 175,
"details": "90. (1) Where a provident society is to be wound up whether under the Companies Act, 1913, or under this Act, the society shall, within seven days from the date of the order of the Court ordering the winding up or the passing of the resolution authorising the winding up, as the case may be, give notice thereof to the Chief Controller of Insurance and, except where the winding up is done by an order of the Court, the Chief Controller of Insurance shall appoint the liquidator and shall determine the remuneration to be paid to him: Provided that if the Chief Controller of Insurance is not satisfied that the assets of the society are sufficient to meet the costs of liquidation including the remuneration of the liquidator, he may decline to make such appointment, and in such a case the society shall itself appoint a liquidator who shall carry out the liquidation as if the winding up was being done by an order of the Court. (2) Any liquidator appointed by the Chief Controller of Insurance under sub-section (1) may be removed by the Chief Controller of Insurance if satisfied that the duties entrusted to him are not being properly discharged.",
"name": "Appointment of liquidator",
"related_acts": "",
"section_id": 155
},
{
"act_id": 175,
"details": "91. (1) A liquidator appointed to wind up a society shall have power- (a)\tto institute or defend any legal proceedings on behalf of the society by his name of office; (b) \tto determine the contribution to be made by members of the society respectively to the assets of the society; (c) \tto investigate all claims against the society and to decide questions of priority arising between claimants; (d) \tto determine by what persons and in what proportion the costs of the liquidation including the remuneration of the liquidator and any expenses incurred under clause (g) of this sub-section are to be borne; (e) \tto give such directions in regard to the collection and distribution of the assets of the society as may appear to him to be necessary for winding up the affairs of the society; (f) \tto summon, and enforce the attendance of, witnesses and to compel the production of documents by the same means and as far as may be in the same manner as is provided in the case of a Civil Court by the Code of Civil Procedure, 1908; and (g) \twith the sanction of the Chief Controller of Insurance, to employ such establishment and to obtain such assistance from an actuary or an auditor as may be necessary for the discharge of his duties. (2) The liquidator shall, for settling the list of contributories and realising the amount of contributions, have the same powers as an official liquidator appointed by the Court for the winding up of a company under the Companies Act, 1913.",
"name": "Powers of liquidator",
"related_acts": "86",
"section_id": 156
},
{
"act_id": 175,
"details": "92. (1) As soon as a liquidator is appointed to wind up a society he shall take charge of all property movable or immovable of the society and of all its books and documents. (2) \tIf any proprietor or officer of the society or any other person retains any portion of the assets of the society or fails to deliver to the liquidator any book or document when so required by the liquidator he shall be punishable with imprisonment which may extend to six months, or with fine which may extend to five hundred Taka, or with both, and the Court may order the delivery of the assets or book or document to the liquidator. (3) \tThe liquidator shall, within fifteen days of his appointment, send notice by post to all persons who appear to him to be creditors of the society that a meeting of the creditors of the society will be held on a date not being less than twenty-one nor more than twenty-eight days after his appointment, and at a place and hour to be specified in the notice, and shall also advertise notice of the meeting once in the 115* * * official Gazette and once at least in two newspapers 116* * *. (4) \tAt the meeting so held the creditors shall determine whether an application shall be made for the appointment of any person as liquidator in the place of or jointly with the liquidator already appointed, or for the appointment of a committee of inspection, and, if they so resolve and an application accordingly is made at any time not later than fourteen days after the date of the meeting by any creditor appointed for the purpose at the meeting, the Chief Controller of Insurance shall appoint a suitable person in place of or jointly with the liquidator already appointed, and determine the remuneration to be paid to him, and if so desired, shall also appoint a committee of inspection. (5) \tThe committee of inspection shall, subject to any prescribed conditions, have a general power of supervision over the acts of the liquidator and shall have the right to inspect his accounts at all reasonable times. (6) \tThe liquidator shall, with such assistance from an actuary as may be required, ascertain as soon as practicable the amount of the society's liability to every person appearing by the society's books to be entitled to or interested in any policy issued by the society, and shall give notice of the amount so found to each such person in the prescribed manner and each such person on receiving such notice shall be bound by the value so ascertained. (7) \tThe liquidator shall make a valuation of the assets of the society and an estimate of the costs of the winding up, and shall on the basis of these, settle the list of contributories. (8) \tThe liquidator shall apply to the Chief Controller of Insurance for an order for the return of the deposit made by the society under section 73 and the Chief Controller of Insurance shall on such application order the return of the deposit subject to such terms and conditions as he may think fit. (9) \tIn administering and distributing the assets of the society the liquidator shall have regard to any directions that may be given by the creditors or contributories at a general meeting or by the Chief Controller of Insurance. (10) The liquidator shall keep books of account in which he shall record the proceedings at all meetings attended by him, all amounts received or expended by him and any other matter that may be prescribed, and these books may, with the sanction of the Chief Controller of Insurance, be inspected by any creditor or contributory. (11) If the winding up continues for more than a year, the liquidator shall summon a meeting of the creditors and contributories at the end of the first year and of each succeeding year, and shall lay before them an account of his acts and dealings and of the conduct of the winding up, and that account together with any views expressed thereon by the meeting shall be forwarded by the liquidator to the Chief Controller of Insurance. (12) So far as is not otherwise provided herein or is not otherwise prescribed under this Act, the liquidator shall so far as practicable follow the procedure to be followed by an official liquidator appointed by the Court for the winding up of a company under the Companies Act, 1913. (13) The costs of the liquidation including the remuneration of the liquidator and any expenses incurred under clause (g) of sub-section (1) of section 91 shall, if the liquidator decides that they shall be payable out of the assets of the society, be payable in priority to all other claims.",
"name": "Procedure at liquidation",
"related_acts": "",
"section_id": 157
},
{
"act_id": 175,
"details": "93. (1) As soon as the affairs of a provident society are fully wound up, the liquidator shall prepare an account of the winding up showing how the winding up has been conducted and the property of the society has been disposed of and shall call a meeting of the members, creditors and contributories for the purpose of laying before it the account and giving any explanation thereof. (2) \tNotice of the meeting shall be sent to each person individually and shall be advertised in the 117* * * official Gazette and in at least two newspapers 118* * *. (3) \tWithin one week after the meeting the liquidator shall send to the Chief Controller of Insurance a copy of the account and shall report to him the holding of the meeting and its date and shall forward to him a copy of the proceedings of the meeting. (4) \tThe Chief Controller of Insurance may return the account to the liquidator if it is incomplete or unsatisfactory and may require the liquidator to carry out any further steps necessary to complete the winding up and the liquidator shall comply with such requirement and shall submit a further report to the Chief Controller of Insurance within six months. (5) \tIf the Chief Controller of Insurance is satisfied that the affairs of the society have been fully wound up he shall register the account of the liquidator who shall forthwith make over to the Chief Controller of Insurance sums, if any, remaining undisposed of, and on the expiry of three months from the registering of the account the Chief Controller of Insurance shall declare the society dissolved and cause the dissolution of the society to be notified in the official Gazette, and the liquidator shall thereupon be discharged from further responsibility. (6) \tIf within a period of five years from the date on which any sums have been made over to the Chief Controller of Insurance under sub-section (5) an order of a Court of competent jurisdiction has not been obtained at the instance of any claimant to such sums for their disposal the said sums shall become the property of Government.",
"name": "Dissolution of provident society",
"related_acts": "",
"section_id": 158
},
{
"act_id": 175,
"details": "94. (1) The provisions of section 38 and section 39 relating to assignment, transfer and nomination in the case of life insurance policies shall, subject to the provisions of this section, apply to policies of insurance issued by any provident society covering any of the contingencies specified in clause (a) of sub-section (2) of section 65. (2) No nomination shall be valid if the person nominated is not the husband, wife, father, mother, child, grand-child, brother, sister, nephew or niece of the holder of the policy.",
"name": "Nominations and assignments",
"related_acts": "",
"section_id": 159
},
{
"act_id": 175,
"details": "95. (1) In this Part- (a)\t“Mutual Insurance Company” means an insurer, being a company incorporated under the Companies Act, 1913, or under the Indian Companies Act, 1882, or under the Indian Companies Act, 1866, or under any Act repealed thereby, which has no share capital and of which by its constitution only and all policy-holders are members; and 119(b) \t“Co-operative Insurance Society” means an insurer, being a society registered under any law governing the registration of co-operative societies. 120* * * (2), (3) and (4) 121Omitted by section 12 of the Insurance (Amendment) Ordinance, 1984 (Ordinance No. L of 1984).",
"name": "Definitions",
"related_acts": "",
"section_id": 160
},
{
"act_id": 175,
"details": "96. The provisions of sections 6 and 7 and of sub-section (2) of section 20, so far as those provisions are inconsistent with the provisions of this Part, shall not apply, and the provisions of this Part shall apply to Mutual Insurance Companies and Co-operative 123* * * Insurance Societies.",
"name": "Application of Act to Mutual Insurance Companies and Co-operative * * *Life Insurance Societies",
"related_acts": "",
"section_id": 161
},
{
"act_id": 175,
"details": "12497. No Mutual Insurance Company incorporated after the commencement of the Insurance (Amendment) Ordinance, 1984 (L of 1984), and no Co-operative Insurance Society registered after that date under any law governing the registration of co-operative societies shall be registered under this Act, unless it has as working capital a sum specified in the Seventh Schedule, exclusive of the deposit to be made before application for registration and of the preliminary expenses, if any, incurred in the formation of the company or society.",
"name": "Working capital of Mutual Insurance Companies and Co-operative Insurance Societies",
"related_acts": "",
"section_id": 162
},
{
"act_id": 175,
"details": "98. Every Mutual Insurance Company and every Co-operative Insurance Society shall deposit at the time of making application for registration and keep deposited with the Bangladesh Bank, for and on behalf of the Government, the amount specified in the Seventh Schedule either in cash or in approved securities estimated at the market value of the securities on the day of the deposit.",
"name": "Deposits to be made by Mutual Insurance Companies and Co-operative Insurance Societies",
"related_acts": "",
"section_id": 163
},
{
"act_id": 175,
"details": "98A. The provisions of section 29 shall apply to Co-operative Insurance Societies as they apply to other insurers.",
"name": "Prohibitions of loans",
"related_acts": "",
"section_id": 164
},
{
"act_id": 175,
"details": "99. No transferee or assignee of a policy issued by an insurer to whom this Part applies shall become a member of a Mutual Insurance Company or a Co-operative 125* * * Insurance Society merely by reason of any such transfer or assignment.",
"name": "Transferees and assignees of policies not to become members",
"related_acts": "",
"section_id": 165
},
{
"act_id": 175,
"details": "100. Notwithstanding the provisions of section 79 and section 131 of the Companies Act, 1913, a Mutual Insurance Company or a co-operative 127* * * Insurance Society may, instead of sending the notices and the copies of the balance-sheet, revenue account and other documents which they are required to send to the members under those sections, publish such notices or documents once in a newspaper published in the English language and in a newspaper published in the local language circulating in the place where the principal office of the company is situated. 128* * *",
"name": "Publication of notices and documents of Mutual Insurance Companies and Co-operative * * * Insurance Societies",
"related_acts": "",
"section_id": 166
},
{
"act_id": 175,
"details": "101. Every Mutual Insurance Company and every Co-operative 129* * * Insurance Society shall, on the application of any member made within two years from the date on which any such document is furnished to the Registrar of Companies under the provisions of section 134 of the Companies Act, 1913, or to the Registrar of Co-operative Societies 130* * *, furnish a copy of the document free of cost to the member within fourteen days of the application.",
"name": "Supply of documents to members",
"related_acts": "",
"section_id": 167
},
{
"act_id": 175,
"details": "102. (1) Except as otherwise provided in this Act, any insurer who makes default in complying with or acts in contravention of any requirement of this Act, and, where the insurer is a company, any director, managing agent, manager or other officer of the company, or where the insurer is a firm, any partner of the firm who is knowingly a party to the default, shall be punishable with fine which may extend to 131one lakh Taka and not less than fifty thousand Taka and, in the case of a continuing default, with an additional fine which may extend to 132ten thousand Taka for every day during which the default continues. (2) Any provident society as defined in Part III which makes default in complying with or acts in contravention of any of the requirements of this Act and any director, managing agent, manager, secretary or other officer of the society who is knowingly a party to the default or contravention, shall be punishable with fine which may extend to 133five thousand Taka or, in the case of a continuing default or contravention with fine which may extend to 134five hundred Taka for every day during which the default or contravention continues.",
"name": "Penalty for default in complying with, or act in contravention of this Act",
"related_acts": "",
"section_id": 168
},
{
"act_id": 175,
"details": "103. (1) Any insurer or any person acting on behalf of an insurer, who carries on any class of insurance business in contravention of any of the provisions of section 3, section 7, or section 98, or does any one or more of the acts constituting the business of insurance in relation to any insurance business carried on in contravention of any of the said sections shall be punishable with fine which may extend to 135ten thousand Taka. (2) Any person knowingly taking out a policy of insurance with any insurer or person guilty of an offence under sub-section (1) shall be punishable with fine which may extend to 136five thousand Taka: Provided that nothing in sub-section (1) or sub-section (2) shall apply to the business of re-insurance between the head office of an insurer in Bangladesh and the head office of an insurer not having an office in Bangladesh. (3) Any provident society or any person acting on behalf of a provident society who carries on any class of insurance business in contravention of any of the provisions of section 70, section 73 or section 83 or does any one or more of the acts constituting the business of insurance in relation to any insurance business carried on in contravention of any of the said sections shall be punishable with fine which may extend to one thousand Taka.",
"name": "Penalty for transacting insurance business in contravention of sections 3, 7 and 9",
"related_acts": "",
"section_id": 169
},
{
"act_id": 175,
"details": "104. Whoever, in any return, report, certificate, balance-sheet or other document, required by or for the purposes of any of the provisions of this Act, wilfully makes a statement false in any material particular, knowing it to be false, shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to 137ten thousand Taka, or with both.",
"name": "Penalty for false statement in document",
"related_acts": "",
"section_id": 170
},
{
"act_id": 175,
"details": "105. (1) Any director, managing agent, manager or other officer or employee of an insurer who wrongfully obtains possession of any property of the insurer or having any such property in his possession wrongfully withholds it or wilfully applies it to purposes other than those expressed or authorised by this Act shall on the complaint of the Chief Controller of Insurance made after giving the insurer not less than fifteen days' notice of his intention, or, on the complaint of the insurer or any member or any policy-holder thereof, be punishable with fine which may extend to 138ten thousand Taka and may be ordered by the Court trying the offence to deliver up or refund within a time to be fixed by the Court any such property improperly obtained or wrongfully withheld or wilfully misapplied and in default to suffer imprisonment for a period not exceeding two years. (2) This section shall apply in respect of a provident society as defined in Part III as it applies in respect of an insurer.",
"name": "Wrongfully obtaining or withholding property",
"related_acts": "",
"section_id": 171
},
{
"act_id": 175,
"details": "106. (1) If, on the application of the Chief Controller or an Administrator appointed under section 52A or an insurer or any policy-holder or any member of an insurance company or the liquidator of an insurance company (in the event of the insurance company being in liquidation), the Court is satisfied- (a) \tthat any insurer (including in any case where the insurer is an insurance company any person who has taken part in the promotion or formation of the insurance company or any past or present director, managing agent, manager, secretary or liquidator) or any officer, employee or agent of the insurer,- (i)\thas misapplied or retained or become liable or become accountable for any money or property of the insurer; or (ii)\thas been guilty of any misfeasance or breach of trust in relation to the insurer; or (b)\tthat any person, whether he is or has been in any way connected with the affairs of the insurer or not, is in wrongful possession of any money or property of the insurer or having any such money or property in his possession wrongfully withholds it or has converted it to any use other than that of the insurer, or (c)\tthat by reason of any contravention of the provisions of this Act, the amount of the life insurance fund has been diminished; the Court may examine any such insurer, director, managing agent, manager, secretary or liquidator or any other officer, employee or agent of the insurer or such other person, as the case may be, and may compel him to contribute such sums to the assets of the insurer by way of compensation in respect of the misapplication, retainer, misfeasance or breach of trust as the Court thinks fit, or to pay such sum as may be found due from him in respect of any money or property of the insurer for which he is liable or accountable or to restore any money or property of the insurer or any part thereof, as the case may be; and where the amount of the life insurance fund has been diminished by reason of any contravention of the provisions of this Act, the Court shall have power to assess the sum by which the amount of the fund has been diminished and to order the person guilty of such contravention to contribute to the fund the whole or any part of that sum by way of compensation; and in any of the aforesaid cases the Court shall have power to order interest to be paid at such rate and from such time as the Court may deem fit. (2) \tWithout prejudice to the provisions contained in sub-section (1) or sub-section (3), where it is proved that any money or property of an insurer has disappeared or has been lost, the Court shall presume that every person in charge of, or having a disposing power over, such money or property at the relevant time (whether a director, manager, principal officer or any other officer) has become accountable for such money or property within the meaning of sub-clause (i) of clause (a) of sub-section (1), and the provisions of that sub-section shall apply accordingly, unless such person proves that the money or property has been utilised or disposed of in the ordinary course of the business of the insurer and for the purpose of that business or that he took all reasonable steps to prevent the disappearance or loss of such money or property or otherwise satisfactorily accounts for such disappearance or loss. (3) \tWhere the insurer is an insurance company and any of the acts referred to in clauses (a), (b) and (c) of sub-section (1) has been committed by any person, every person who was at the relevant time a director, managing agent, manager, liquidator, secretary or other officer of the insurance company shall, for the purposes of that sub-section be deemed to be liable for that act in the same manner and to the same extent as the person who has committed the act, unless he proves that act was committed without his consent or connivance and was not facilitated by any neglect or omission on his part. (4) \tWhere at any stage of the proceedings against any person under this section (hereinafter referred to as the delinquent), the Court is satisfied by affidavit or otherwise- (a) \tthat a prima facie case has been made out against the delinquent; and (b) \tthat it is just and proper so to do in the interests of the policy-holders of an insurer or of the members of an insurance company, the Court may direct the attachment of- (i)\tany property of the insurer in the possession of the delinquent; (ii)\tany property of the delinquent which belongs to him or is deemed to belong to him within the meaning of sub-section (5); (iii) \tany property transferred by the delinquent within two years before the commencement of the proceedings under sub-section (1) or during the pendency of such proceedings, if the Court is satisfied by affidavit or otherwise that the transfer was otherwise than in good faith and for consideration. (5) \tFor the purposes of sub-section (4), the following classes of property shall be deemed to belong to a delinquent:- (a) \tany property standing in the name of any person which by reason of the person being connected with the delinquent, whether by way of relationship or otherwise, or on account of any other relevant circumstances appears to belong to the delinquent; (b) \tthe property of a private company in respect of the affairs of which the delinquent, by himself or through his nominees, relatives, partners or persons interested in any shares of the company is able to exercise or is entitled to acquire control, whether direct or indirect. Explanation.- For the purposes of this section a person shall be deemed to be a nominee of a delinquent, if, whether directly or indirectly, he possesses on behalf of the delinquent, or may be required to exercise on the direction or on behalf of the delinquent, any right or power which is of such a nature as to enable the delinquent to exercise or to entitle the delinquent to acquire control over the company's affairs. (6) \tAny claim to any property attached under this section or any objection to such attachment shall be made by an application to the Court and it shall be for the claimant or objector to adduce evidence to show that the property is not liable to attachment under this section, and the Court shall proceed to investigate the claim or objection in a summary manner. (7) \tWhen disposing of an application under sub-section (1), the Court shall, after giving all persons who appear to it to be interested in any property attached under this section an opportunity of being heard, make such order as it thinks fit respecting the disposal of any such property for the purpose of effectually enforcing any liability under this section, and all such persons shall be deemed to be parties to the proceedings under this section. (8) \tIn any proceedings under this section the Court shall have full powers and exclusive jurisdiction to decide all questions of any nature whatsoever arising thereunder and in particular, with respect to any property attached under this section, and no other Court shall have jurisdiction to decide any such question in any suit or other legal proceeding. (9) \tIn making any order with respect to the disposal of the property of any private company referred to in clause (b) of sub-section (5), the Court shall have due regard to the interests of all persons interested in such property other than the delinquent and persons referred to in that clause. (10) This section shall apply notwithstanding that the act is one for which the person concerned may be criminally liable. (11) In proceedings under this section the Court shall have all the powers which a Court has under section 237 of the Companies Act, 1913. (12) This section shall apply in respect of a provident society as defined in Part III as it applies in respect of an insurer. (13) The Court entitled to exercise jurisdiction under this section shall be the High Court Division 139* * * and any proceedings under this section pending immediately before the commencement of the Insurance (Amendment) Ordinance, 1960, in any Court other than the High Court Division shall, on such commencement, stand transferred to the High Court Division. (14) The 140Supreme Court may make rules providing for- (a) \tthe manner in which enquiries and proceedings may be held under this section; (b)\tany other matter for which provision has to be made for enabling the High Court Division effectively exercise its jurisdiction under this section.",
"name": "Power of Court to order restoration of property of insurer or compensation in certain cases",
"related_acts": "",
"section_id": 172
},
{
"act_id": 175,
"details": "141106A. (1) When application is made to the Court for the making of any order to which this section applies the Court shall, unless the Chief Controller of Insurance has himself made the application or has been made a party thereto, send a copy of the application together with intimation of the date fixed for the hearing thereof to the Chief Controller of Insurance, and shall give him an opportunity of being heard. (2) The orders to which this section applies are the following, namely:- (a)\t an order for the attachment in execution of a decree of any deposit made under section 7 or section 98; (b) \tan order under section 9 or section 59 for the return of any such deposit; (c) \tan order under section 36 sanctioning any arrangement for the transfer or amalgamation of life insurance business or any order consequential thereon; (d) \tan order for the winding up of an insurance company or a provident society; (e) \tan order under section 58 confirming a scheme for the partial winding up of an insurance company; (f) \tan order under section 89 reducing the amount of the insurance contracts of a provident society.",
"name": "Notice to and hearing of Chief Controller of Insurance",
"related_acts": "",
"section_id": 173
},
{
"act_id": 175,
"details": "107. (1) Except where proceedings are instituted by the Chief Controller of Insurance, no proceedings under this Act against an insurer or any director, manager or other officer of an insurer or any person who is liable under sub-section (2) of section 41 shall be instituted by any person unless he has previous thereto obtained the sanction of the 142Attorney-General to the institution of such proceedings. (2) This section shall apply in respect of a provident society as defined in Part III as it applies in respect of an insurer.",
"name": "Previous sanction of Attorney General for institution of proceedings",
"related_acts": "",
"section_id": 174
},
{
"act_id": 175,
"details": "108. If in any proceedings, civil or criminal, it appears to the Court hearing the case that a person is or may be liable in respect of negligence, default, breach of duty or breach of trust but that he has acted honestly and reasonably and that having regard to all the circumstances of the case he ought fairly to be excused for the negligence, default, breach of duty or breach of trust, the Court may relieve him either wholly or partly from his liability on such terms as it may think fit.",
"name": "Power of Court to grant relief",
"related_acts": "",
"section_id": 175
},
{
"act_id": 175,
"details": "109. No Court inferior to that of a Magistrate of the first class shall try any offence under this Act.",
"name": "Cognizance of offences",
"related_acts": "",
"section_id": 176
},
{
"act_id": 175,
"details": "110. (1) Except as otherwise provided in this Act, any person aggrieved by any order, direction or decision in respect of the following matters may, within a period of thirty days from the date of the communication of such order, direction or decision, appeal against it to the Insurance Appellate Tribunal constituted under sub-section (2), namely:- (a) \twithholding of registration under section 3; (b) \tcancellation of registration under clause (f) or clause (g) of sub-section (4) of section 3; (c) \talteration of memorandum and Articles of Association under section 3B; (d) \tthe mortality table, the statement of yield and the level of expenses published under sub-section (3) of section 3BB on the basis of which the rates of premium are required to be determined; (e) \twithholding a certificate under section 3D for insurance or reinsurance outside Bangladesh; (f) \tmodification of reinsurance treaty or reinsurance arrangement under sub-section (6) of section 3D; (g) \tchange of name under section 5; (h) \tany order issued under section 21; (i) \tmodification of remuneration under sub-section (1) of section 32A; (j) \tany direction under section 34A; (k) \tremoval of a director, manager or other officer under section 34C; (l) \trefusal to issue or renew, or cancellation of, a licence under section 42; (m)\trefusal to issue or renew, or cancellation of, a certificate under section 42A; (n) \ttermination of a contract of an agent or employer of agents by an insurer; (o)\trefusal to issue or renew, or cancellation of, a certificate under section 44A; (p)\trefusal or cancellation of registration under section 70; (q)\trefusal to renew registration under sub-section (1) of section 70A; (r)\timposition of penalty under sub-section (4) of section 70A; (s)\trefusal to register amendment of rules under section 75; (t) \tdirection to remedy defects under section 87; and (u)\trefusal to sanction a scheme under section 87A. (2) The Government shall, for the purpose of hearing appeals under sub-section (1), constitute an Insurance Appellate Tribunal consisting of such number of members not exceeding seven, including a Chairman as it may appoint. (3) The Chairman shall be a person who is qualified to be a Judge of the 143Supreme Court and the other members shall be persons possessing such qualifications and experience as may be prescribed. (4) The Chairman and other members shall hold office for a period of three years from the date of appointment on such terms and conditions as may be prescribed. (5) The Chairman may constitute such number of benches of the Tribunal as may be necessary for the expeditious disposal of appeals under sub-section (1); and each such bench shall consist of such number of members, not less than two, as may be prescribed. (6) Subject to the provisions of this Act and the rules made thereunder, the Tribunal shall regulate its own procedure and shall, for the purpose of hearing an appeal, have the same powers as are vested in a civil Court trying a suit under the Code of Civil Procedure, 1908 (Act V of 1908), in respect of the following matters namely:- (a)\tsummoning and enforcing the attendance of any person and examining him on oath, (b) \trequiring the discovery and production of any documents, (c)\treceiving evidence on affidavits, and (d) \tissuing commissions for the examination of witnesses or documents. (7) \tIf, in the course of the hearing of an appeal, any member of the Tribunal ceases, for any reason, to hold office, the proceedings of the Tribunal shall be stayed and the Government shall appoint another member in his place; and the hearing may continue before the Tribunal from the stage at which it was stayed as if there has been no change in the membership of the Tribunal. (8) \tIf, in the course of the hearing of an appeal, any one on the members is, for any reason, unable to attend the sitting of the Tribunal the hearing shall continue before, and the decision may be given by, the remaining members. (9) \tIf upon any matter requiring the decision of the Tribunal there is a difference of opinion amongst its members, the opinion of the majority shall prevail and the decision of the Tribunal shall be expressed in terms of the views of the majority: Provided that where the members are equally divided on any point it shall,- (a)\tin the case of the Tribunal or of a bench of which the Chairman is a member, be decided in accordance with the views of the Chairman; and (b)\tin the case of a bench of which the Chairman is not a member, be referred to the Chairman and decided in accordance with his views. (10) The Tribunal shall be deemed to be a civil Court for the purposes of section 195 of the Code of Criminal Procedure, 1898 (Act V of 1898), and a Court subordinate to the High Court Division 144* * * for the purpose of the Contempt of Courts Act, 1926 (XII of 1926), and any proceeding before the Tribunal shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the 145Penal Code (Act XLV of 1860). (11) The Tribunal may issue a stay order against any order of the Government or the Chief Controller of Insurance. (12) Any person aggrieved by a decision of the Tribunal may appeal to the High Court Division if the case is certified by the Tribunal, in the prescribed manner, to be a fit one for appeal to the High Court Division. (13) In this section, unless the context otherwise requires,- (a) “Chairman” means the Chairman of the Tribunal; (b) “member” means a member of the Tribunal; and (c) “Tribunal” means the Tribunal constituted under sub-section (2) and includes a bench thereof constituted under sub-section (5).",
"name": "Appeals",
"related_acts": "86,75,140",
"section_id": 177
},
{
"act_id": 175,
"details": "146110A. The Chief Controller of Insurance may by general or special order delegate any of his powers or duties under this Act to any person subordinate to him. The exercise or discharge of any of the powers or duties so delegated shall be subject to such restrictions, limitations and conditions, if any, as the Chief Controller of Insurance may impose, and shall be subject to his control and revision.",
"name": "Delegation of powers and duties of Chief Controller of Insurance",
"related_acts": "",
"section_id": 178
},
{
"act_id": 175,
"details": "110B. Every document which is required by this Act or by any rule made thereunder to be signed by the Chief Controller of Insurance or by any person subordinate to him or by any officer authorised by him under sub-section (1) of section 42 or sub-section (1) of section 42A or sub-section (4) of section 44A shall be deemed to be properly signed, if it bears a facsimile of the signature of such Chief Controller, person or officer printed, engraved, lithographed or impressed by any other mechanical process approved by the Government.",
"name": "Signature of documents",
"related_acts": "",
"section_id": 179
},
{
"act_id": 175,
"details": "147110C. (1) The Chief Controller may by notice in writing require any insurer to supply him any information relating to his insurance business and the insurer shall comply with such requirement within such period after the receipt of the notice as may be specified therein. (2) Any information supplied under this section shall be certified by the principal officer if the insurer and if the notice so requires, also by an auditor.",
"name": "Powers to call for information",
"related_acts": "",
"section_id": 180
},
{
"act_id": 175,
"details": "111. (1) Any process or notice required to be served on an insurer or provident society shall be sufficiently served if addressed to any person registered with the Chief Controller of Insurance as a person authorised to accept notices on behalf of the insurer or provident society and left at, or sent by registered post to, the address of such person as registered with the Chief Controller of Insurance. (2) \tAny notice or other document which is by this Act required to be sent to any policy-holder may be addressed and sent to the person to whom notices respecting such policy are usually sent and any notice so addressed and sent shall be deemed to be notice to the holder of such policy: Provided that, where any person claiming to be interested in a policy as transferee, assignee or nominee has given to an insurer or to a provident society notice in writing of his interest, any notice which is by this Act required to be sent to policy-holders shall also be sent to such person at the address specified by him in his notice.",
"name": "Service of notices",
"related_acts": "",
"section_id": 181
},
{
"act_id": 175,
"details": "112. Notwithstanding anything to the contrary contained in this Act an insurer carrying on the business of life insurance shall be at liberty to declare an interim bonus or bonuses to policy-holders whose policies mature for payment by reason of death or otherwise during the inter-valuation period on the recommendation of the investigating actuary made at the last preceding valuation.",
"name": "Declaration of interim bonuses",
"related_acts": "",
"section_id": 182
},
{
"act_id": 175,
"details": "113. 148(1) A policy of life insurance under which the whole of the benefits become payable either on, or at a fixed interval or intervals after, the occurrence of a contingency which is bound to occur shall, if all premiums have been paid,- (a)\tin the case of a policy issued by an insurer, for at least two consecutive years, and (b)\tin the case of a policy issued by a provident society as defined in section 65, for at least five consecutive years, acquire a guaranteed surrender value which shall not be less than the minimum guaranteed surrender value prescribed in respect of such policy. (1A) In prescribing the minimum guaranteed surrender value for the purpose of sub-section (1), regard shall be had to the term of the policy and the contingency on the occurrence of which the benefits become payable. (1B) Every insurer and every provident society shall within a period of one year- (a)\tin the case of an insurer or society transacting business immediately before the commencement of the Insurance (Amendment) Ordinance, 1970, from such commencement, and (b)\tin the case of an insurer or society registered after such commencement, from such registration, submit to the Chief Controller of Insurance for his approval, a statement showing the basis and formula on which the guaranteed surrender value of the policies issued by such insurer or society is determined; and the Chief Controller of Insurance, before according his approval, may, after giving the insurer or the provident society an opportunity of being heard, direct such modifications to be made in the basis and formula as he may deem fit. (1C) No basis and formula approved under sub-section (1B) shall be modified without the previous approval in writing of the Chief Controller. (2) Notwithstanding any contract to the contrary and subject to any option exercised by the policy-holder under section 50A, a policy which has acquired a surrender value shall not lapse by reason of the non-payment of further premiums but shall be kept alive to the extent of the paid-up sum insured, and the paid-up sum insured shall for the purposes of this sub-section include in full all subsisting reversionary bonuses that have already attached to the policy, and shall, where the policy is one on which the maximum number of annual premiums payable is fixed and the premiums are of uniform amount, be before the inclusion of such bonuses not less than the amount bearing to the total sum insured by the policy exclusive of bonuses the same proportion as the total period for which premiums have already been paid bears to the maximum period for which premiums were originally payable. (3) A policy kept alive to the extent of the paid-up sum insured under sub-section (2) shall not be entitled by virtue of that sub-section to participate in any profits declared distributable after the conversion of the policy into a paid-up policy. (4)\tSub-section (2) and sub-section (3) shall not apply,- (a)\twhere the paid-up sum insured by a policy, being a policy issued by an insurer, is less than one hundred Taka inclusive of any attached bonus, or takes the form of any annuity of less than twenty-five Taka, or where the paid-up sum insured by a policy, being a policy issued by a provident society as defined in Part III, is less than fifty Taka inclusive of any attached bonus or takes the form of an annuity of less than twenty-five Taka, or (b)\twhere the parties after the default has occurred in the payment of the premium agree in writing to some other arrangement, or (c)\tto policies in which the surrender value is automatically applied under the terms of the contract to maintaining the policy in force after its lapse through non-payment of premium.",
"name": "Acquisition of surrender values policy",
"related_acts": "",
"section_id": 183
},
{
"act_id": 175,
"details": "149114A. The Government may, by notification in the official Gazette, make such amendments in the Schedules as it may deem fit.",
"name": "Power to amend Schedules",
"related_acts": "",
"section_id": 184
},
{
"act_id": 175,
"details": "114B. The Chief Controller shall exercise the powers given to him by or under this Act in accordance with such general or special directions, if any, as may be issued by the Government.",
"name": "Powers of the Chief Controller",
"related_acts": "",
"section_id": 185
},
{
"act_id": 175,
"details": "114. (1) The Government may, subject to the condition of previous publication by notification in the official Gazette, make rules to carry out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may prescribe- (a) \tthe qualifications to be possessed by actuaries; 150(aa) \tthe form and language of documents issued to the public by insurers; (aaa) \tthe qualifications and experience which the principal officer of an insurer and any other officer of a class specified in the rules shall possess; (b) \tthe manner in which it shall be determined which of the transactions of an insurer are to be deemed for the purposes of this Act to be insurance business transacted in Bangladesh; (c) \tthe procedure to be followed by the Bangladesh Bank in dealing with deposits made in pursuance of this Act, including the receipt of, custody of, withdrawal of, and payment of interest on securities lodged as such deposits, and their inspection and verification by the Chief Controller of Insurance; 151* * * (e) \tthe manner in which the prospectuses and tables referred to in sub-section (1) of section 41 shall be published and the form in which they shall be drawn up; (f) \tthe matters to be prescribed for the purposes of section 48; (g) \tthe manner in which licences to act as insurance agents may be applied for, issued or cancelled; (h) \tthe contingencies other than those specified in clauses (a) to (f) of sub-section (2) of section 65 on the happening of which money may be paid by provident societies; (i) \tthe matters other than those specified in clauses (a) to (o) of sub-section (1) of section 74 on which a provident society shall make rules; (j) \tthe form of any account, return or register required by Part III and the manner in which such account, return or register shall be verified; (k) \tsubject to the provisions of this Act, the fees payable thereunder and the manner in which they are to be collected; (l) \tthe conditions and the matters which may be prescribed under sub-sections (5), (6), (10) and (12) of section 92; (m) \tany other matter which is to be or may be prescribed. (3) Omitted by section 11 of the Insurance (Amendment) Act, 1993 (Act No. XII of 1993). (4) Omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Power of Government to make rules",
"related_acts": "430",
"section_id": 186
},
{
"act_id": 175,
"details": "115. The Government may, on the application or with the consent of an insurer, not being a company, alter the forms contained in the Schedules as respects that insurer, for the purpose of adapting them to the circumstances of that insurer: Provided that nothing done under this section shall exempt the insurer from supplying all information required under this Act so far as it is possible for the insurer to do so.",
"name": "Alteration of forms",
"related_acts": "",
"section_id": 187
},
{
"act_id": 175,
"details": "116. Power to exempt from certain requirements.- Omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted.",
"related_acts": "430",
"section_id": 188
},
{
"act_id": 175,
"details": "152116A. The Government shall every year cause to be published, in such manner as it may direct, a summary of the accounts, balance-sheets, statements, abstracts and other returns under this Act or purporting to be under this Act which have been furnished in pursuance of the provisions of this Act to the Chief Controller of Insurance during the year preceding the year of publication, and may append to such summary any note of the Chief Controller of Insurance or of the Government and any correspondence: Provided that nothing in this section shall require the publication of the statement referred to in sub-section (2) of section 10 or sub-section (4) of section 13 in respect of the first valuation of an insurer or sub-section (2) of section 32A or section 42B or of the returns referred to in sub-section (1) of section 28.",
"name": "Summary returns to be published",
"related_acts": "",
"section_id": 189
},
{
"act_id": 175,
"details": "117. Nothing in this Act shall affect the liability of an insurer being a company or a provident society as defined in Part III being a company to comply with the provisions of the Companies Act, 1913, in matters not otherwise specifically provided for by this Act.",
"name": "Saving of provisions of Companies Act, 1913",
"related_acts": "",
"section_id": 190
},
{
"act_id": 175,
"details": "118. Nothing in this Act shall apply to any Trade Union registered under the 153Industrial Relations Ordinance, 1969 or to any insurance business carried on by the Government, or to any provident fund to which the provisions of the Provident Funds Act, 1925, apply, or, if the Chief Controller of Insurance so orders in any case, and to such extent or subject to such conditions or modifications as he specifies in such order, to- (a) \tany fund in existence and officially recognised by the Government before the 27th day of January, 1937, maintained by or on behalf of Government servants or Government pensioners for the mutual benefit of contributors to the fund and of their dependents, or (b) \tany mutual or provident insurance society composed wholly of Government servants or of railway servants which has been exempted from any or all of the provisions of the Provident Insurance Societies Act, 1912.",
"name": "Exemptions",
"related_acts": "136",
"section_id": 191
},
{
"act_id": 175,
"details": "119. Any person may on payment of a fee of five Taka inspect the documents filed by an insurer with the Chief Controller of Insurance under clause (f) of sub-section (2) of section 3, and may obtain a copy of any such document or part thereof on payment in advance at the prescribed rate for the making of the copy.",
"name": "Inspection and supply of copies of published prospectus, etc.",
"related_acts": "",
"section_id": 192
},
{
"act_id": 175,
"details": "120. The market value on the day of deposit of securities deposited in pursuance of any of the provisions of this Act with the Bangladesh Bank shall be determined by the Bangladesh Bank whose decision shall be final.",
"name": "Determination of market value of securities deposited under this Act",
"related_acts": "",
"section_id": 193
},
{
"act_id": 175,
"details": "154120A. The Government shall constitute an Advisory Board to advise the Chief Controller in the performance of his duties under this Act.",
"name": "Advisory Board",
"related_acts": "",
"section_id": 194
},
{
"act_id": 175,
"details": "155120AA. The Government may constitute a Publicity Board to perform such functions as may be prescribed.",
"name": "Publicity Board",
"related_acts": "",
"section_id": 195
},
{
"act_id": 175,
"details": "120B. Regional Offices.- Omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted.",
"related_acts": "430",
"section_id": 196
},
{
"act_id": 175,
"details": "121, 122 and 123. Amendment of section 130, Act IV of 1882., Amendment of Schedule I, Act IX of 1908 and Repeals.- Omitted by section 3 and 2nd Schedule of the Repealing and Amendment Ordinance, 1965 (Ordinance No. X of 1965).",
"name": "",
"related_acts": "",
"section_id": 197
}
],
"text": "An Act to consolidate and amend the law relating to the business of insurance.♠ ♣ WHEREAS it is expedient to consolidate and amend the law relating to the business of insurance; It is hereby enacted as follows:-"
} |
{
"id": 176,
"lower_text": [
"1 The words, figures and comma “immovable antiquity as defined in section 2 of the Antiquities Act, 1968” were substituted for the words, figures and comma “ancient monument as defined in section 2 of the Ancient Monuments Preservation Act, 1904” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The words “Zilla Board” were substituted for the words “District Board” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 Section 10A was inserted by section 4 of the Manoeuvres, Field Firing and Artillery Practice (Amendment) Ordinance, 1962 (Ordinance No. LXXV of 1962)"
],
"name": "The Manoeuvres, Field Firing and Artillery Practice Act, 1938",
"num_of_sections": 14,
"published_date": "12th March, 1938",
"related_act": [
176,
353,
430
],
"repelled": false,
"sections": [
{
"act_id": 176,
"details": "1. (1) This Act may be called the Manoeuvres, Field Firing and Artillery Practice Act, 1938. (2) It extends to the whole of Bangladesh.",
"name": "Short title and extent",
"related_acts": "176",
"section_id": 1
},
{
"act_id": 176,
"details": "2. (1) The Government may, by notification in the official Gazette, authorise the execution of military manoeuvres over any area specified in the notification during a specified period not exceeding three months: (2) The Government shall publish notice of its intention to issue a notification under sub-section (1) as early as possible in advance of the issue of the notification, and no such notification shall be issued until the expiry of six weeks from the date of the first publication of such notice in the official Gazette. (3) The notice required by sub-section (2) shall be given by publication in the official Gazette and shall also be given throughout the area which it is proposed to specify in the notification by publication in the manner prescribed by rules made under section 13, and shall be repeated by like publication one month and one week as nearly as may be before the commencement of the manoeuvres.",
"name": "Power of Government to authorise manoeuvres",
"related_acts": "",
"section_id": 2
},
{
"act_id": 176,
"details": "3. (1) Where a notification under sub-section (1) of section 2 has been issued, such persons as are included in the military forces engaged in the manoeuvres may, within the specified limits and during the specified periods,- (a) \tpass over, or encamp, construct military works of a temporary character, or execute military manoeuvres on, the area specified in the notification, and (b) \tsupply themselves with water from any source of water in such area: Provided that nothing herein contained shall authorise the taking of water from any source of supply, whether belonging to a private owner or a public authority, of an amount in excess of the reasonable requirements of the military forces or of such amount as to curtail the supply ordinarily required by those entitled to the use of such water supply. (2) The provisions of sub-section (1) shall not authorise entry on or interference with any well or tank held sacred by any religious community or any place of worship or ground attached thereto except for the legitimate purpose of offering prayers or any place or building reserved or used for the disposal of the dead, or any dwelling house or premises attached thereto or any educational institution, factory, workshop or store or any premises used for the carrying on of any trade, business or manufacture or any garden or pleasure ground, or any 1immovable antiquity as defined in section 2 of the Antiquities Act, 1968.",
"name": "Power exercisable for purpose of manoeuvres",
"related_acts": "353",
"section_id": 3
},
{
"act_id": 176,
"details": "4. The Officer in Command of the military forces engaged in the manoeuvres shall cause all lands used under the powers conferred by this Chapter to be restored, as soon and as far as practicable, to their previous condition.",
"name": "Duty of Officer Commanding to repair damage",
"related_acts": "",
"section_id": 4
},
{
"act_id": 176,
"details": "5. Where a notification issued under section 2 authorises the execution of military manoeuvres compensation shall be payable from the Defence Estimates for any damage to person or property or interference with rights or privileges arising from such manoeuvres including expenses reasonably incurred in protecting person, property, rights and privileges.",
"name": "Right to compensation for damage caused by manoeuvres",
"related_acts": "",
"section_id": 5
},
{
"act_id": 176,
"details": "6. (1) The Collector of the district in which any area utilised for the purpose of manoeuvres is situated shall depute one or more Revenue Officers to accompany the forces engaged in the manoeuvres for the purpose of determining the amount of any compensation payable under section 5. (2) The Revenue Officer shall consider all claims for compensation under section 5 and determine, on local investigation and where possible after hearing the claimant, the amount of compensation, if any, which shall be awarded in each case; and shall disburse on the spot to the claimant the compensation so determined as payable. (3) Any claimant, dissatisfied with a refusal of the Revenue Officer to award him compensation or with the amount of compensation awarded to him by the Revenue Officer, may, at any time within fifteen days from the communication to him of the decision of the Revenue Officer, give notice to the Revenue Officer, of his intention to appeal against the decision. (4) Where any such notice has been given, the Collector of the district shall constitute a commission consisting of himself as chairman, a person nominated by the Officer Commanding the forces engaged in the manoeuvres and two persons nominated by the 2Zilla Board, and the commission shall decide all appeals of which notice has been given. (5) The commission may exercise its powers notwithstanding the absence of any member of the commission, and the chairman of the commission shall have a casting vote in the case of an equal division of opinion. (6) The decision of the commission shall be final and no suit shall lie in any Civil Court in respect of any matter decided by the commission. (7) No fee shall be charged in connection with any claim, notice, appeal, application or document filed before the Revenue Officer, Collector or the commission under this section.",
"name": "Method of assessing compensation",
"related_acts": "",
"section_id": 6
},
{
"act_id": 176,
"details": "7. If, within the area and during the period specified in a notification under sub-section (1) of section 2 any person- (a)\twilfully obstructs or interferes with the execution of the manoeuvres, or (b)\twithout due authority enters or remains in any camp, or (c)\twithout due authority interferes with any flag or mark or any apparatus used for the purposes of the manoeuvres, he shall be punishable with fine which may extend to ten Taka.",
"name": "Offences",
"related_acts": "",
"section_id": 7
},
{
"act_id": 176,
"details": "8. In this Chapter- (a)\t“classification firing” means firing practice with small arms, such as pistols, stens, rifles, light and medium machine-guns; (b)\t“classification range” means a range constructed for the execution of classification firing; (c)\t“field firing” includes air armament practice; (d)\t“notified area” means an area defined in a notification issued under sub-section (1) of section 9.",
"name": "Definitions",
"related_acts": "",
"section_id": 8
},
{
"act_id": 176,
"details": "9. (1) The Government may, by notification in the official Gazette, define any area as an area within which the carrying out of field firing and artillery practice may be authorised. (2) The Government may, by notification in the official Gazette, authorise the carrying out of field firing and artillery practice throughout a notified area or any specified part thereof and may, if it thinks fit, specify the period or periods during which such field firing and artillery practice shall be carried out. (3) Before any notification under sub-section (2) is issued, the Government shall publish notice of its intention to issue such notification as early as possible in advance of the issue of the notification, and no such notification shall be issued until the expiry of six weeks from the date of the first publication of the notice in the official Gazette. (4) The notice required by sub-section (3) shall be given by publication in the official Gazette and shall also be given throughout the notified area by publication in some newspaper circulating in and in the language commonly understood in that area and by beat of drum and by affixation in all prominent places of copies of the said notice in the language of the locality and in such other manner as may be prescribed by rules made under section 13 and shall be repeated by like publication one week as nearly as may be before the commencement of the period or of each period specified in the notification: Provided that the fact of the said beat of drum and affixation shall be verified in writing by one headman and two other literate inhabitants of the locality and provided further that such notice by the beat of drum shall be given seven and two days as nearly as may be before the commencement of such field firing and artillery practice.",
"name": "Power of Government to authorise field firing and artillery practice",
"related_acts": "",
"section_id": 9
},
{
"act_id": 176,
"details": "10. (1) Where a notification under sub-section (2) of section 9 has been issued, such persons as are included in the forces engaged in field firing or artillery practice may, within the notified area or specified part thereof during the specified period or periods,- (a) \tcarry out field firing and artillery practice with lethal missiles, and (b)\texercise, subject to the provisions of sections 3 and 4, any of the rights conferred by section 3 on forces engaged in military manoeuvres: Provided that the provisions of sub-section (2) of section 3 shall not debar entry into, or interference with, any place specified in that sub-section, if it is situated in an area declared to be a danger zone under sub-section (2) of this section, to the extent that may be necessary to ensure the exclusion from it of persons and domestic animals: Provided further that in the case of a dwelling house occupied by women adequate warning shall be given through a local inhabitant and entry shall be effected after such warning in the presence of two respectable inhabitants of the locality. (2) The Officer Commanding the forces engaged in any such practice may, within the notified area or specified part thereof, declare any area to be a danger zone, and thereupon the Collector shall, on application made to him by the Officer Commanding the forces engaged in the practice, prohibit the entry into and secure the removal from such danger zone of all persons and domestic animals during the times when the discharge of lethal missiles is taking place or there is danger to life or health.",
"name": "Powers exercisable for purposes of field firing and artillery practice",
"related_acts": "",
"section_id": 10
},
{
"act_id": 176,
"details": "310A. (1) The Government may, by notification in the official Gazette, declare any area adjoining a classification range as a danger zone. (2) Where any area has been declared as a danger zone under sub-section (1), the local Station Commander,- (a)\tmay prohibit construction of, or addition or alteration to, any building or structure except on such conditions as he may, in writing, impose; and (b)\tshall prohibit entry into, and secure the removal from, such zone of all persons and domestic animals during the times when classification firing is taking place or there is danger to life.",
"name": "Danger zone adjoining classification range",
"related_acts": "",
"section_id": 11
},
{
"act_id": 176,
"details": "11. The provisions of sections 5 and 6 shall apply in the case of field firing and artillery practice and classification firing as they apply in the case of military manoeuvres: Provided that the compensation payable under this section shall include compensation for exclusion or removal from any place declared to be a danger zone of persons or domestic animals or for any loss suffered on account of the restrictions imposed under sub-section (2) of section 10A such compensation to be disbursed at not less than the minimum rates prescribed by rules made under section 13 before the exclusion or removal is enforced, and shall also include compensation for any loss of employment or deterioration of crops resulting from any such exclusion or removal.",
"name": "Compensation",
"related_acts": "",
"section_id": 12
},
{
"act_id": 176,
"details": "12. (1) Any person who within a notified area, and if any period or periods are specified under sub-section (2) of section 9, then only during such period or periods- (a)\twilfully obstructs or interferes with the carrying out of field firing or artillery practice, or (b)\twithout due authority enters or remains in any camp, or (c)\twithout due authority enters or remains in any area declared to be a danger zone at a time when entry thereto is prohibited, or (d)\twithout due authority interferes with any flag or mark or target or any apparatus used for the purposes of the practice, he shall be punishable with fine which may extend to ten Taka. (2) Whoever wilfully contravenes the provisions of sub-section (2) of section 10A, or violates any of the conditions imposed thereunder, shall be punishable with imprisonment for a term which may extend to one month, or with fine which may be extended to fifty Taka, or with both, and any expenses incurred in removing the effects of the offence may be recovered from him in the manner provided by the law for the time being in force for the recovery of fines.",
"name": "Offences",
"related_acts": "",
"section_id": 13
},
{
"act_id": 176,
"details": "13. The Government may, by notification in the official Gazette, make rules- (a)\tprescribing the manner in which the notices required by sub-section (2) of section 2 and sub-section (3) of section 9 shall be published in the areas concerned; (b)\tregulating the use under this Act of land for manoeuvres or field firing and artillery practice in such manner as to secure the public against danger and to enable the manoeuvres or practice to be carried out without interference and with the minimum inconvenience to inhabitants of the areas affected; (c)\tregulating the procedure of the Revenue Officers and commissions referred to in section 6 in such manner as to secure due publicity regarding the method of making claims for compensation and preferring appeals from original awards of compensation, the expeditious settlement of claims and of appeals and the payment of compensation so far as possible direct to the claimants; and (d)\tdefining the principles to be followed by the Revenue Officers and commissions referred to in section 6 in assessing the amount of compensation to be awarded.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 14
}
],
"text": "An Act to provide facilities for Military manoeuvres and for field firing and artillery practice.♣ WHEREAS it is expedient to provide facilities for military manoeuvres and for field firing and artillery practice; It is hereby enacted as follows:"
} |
{
"id": 177,
"lower_text": [
"1 Throughout this Act the words “Government” and “High Court Division” were substituted for the words “Provincial Government” or “Province” or “Provincial” and “High Court of East Pakistan” respectively, by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Official Receiver's Act, 1938 (Bengal Act)",
"num_of_sections": 11,
"published_date": "22nd September, 1938",
"related_act": [
430,
86
],
"repelled": false,
"sections": [
{
"act_id": 177,
"details": "1. (1) This Act may be called the Official Receiver's Act, 1938. (2) It shall come into force on such date as the Government may, by notification in the official Gazette, appoint.",
"name": "Short title and commencement",
"related_acts": "",
"section_id": 1
},
{
"act_id": 177,
"details": "2. In this Act unless there is anything repugnant in the subject or context,- (1) \t“Court” means the High Court Division; (2)\t“Official Receiver” means the Official Receiver of the Court; (3)\t“prescribed” means prescribed by rules made by the Government under this Act.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 177,
"details": "3. (1) There shall be an Official Receiver and there may be one or more Deputy Official Receivers. (2) The offices of Official Receiver and of Deputy Official Receivers (if any) shall be civil posts under the Government. (3) Subject to the provisions of sub-section (2) of section 6, all rights, privileges, titles and liabilities of the Official Receiver subsisting immediately prior to the commencement of this Act shall accrue to and vest in the Official Receiver appointed under this Act. (4) The person holding the office of Official Receiver immediately prior to the commencement of this Act shall without further appointment become the Official Receiver appointed under this Act, and it shall not be necessary for the Court to reappoint him under section 4 in any case in which he has previously been appointed a receiver. (5) A Deputy Official Receiver shall, subject to the control of the Government and to general or special orders of the Official Receiver, be competent to discharge any of the duties and exercise any of the powers of the Official Receiver and shall, when discharging such duties or exercising such powers, have the same rights and privileges and be subject to the same liabilities as the Official Receiver.",
"name": "Appointment, status, rights, liabilities, etc., of Official Receiver and Deputy Official Receiver",
"related_acts": "",
"section_id": 3
},
{
"act_id": 177,
"details": "4. Subject to, and in accordance with, the provisions of this Act and of rules made thereunder but notwithstanding the provision of sub-section (2) of section 3, the Official Receiver may be appointed a Receiver by the Court in respect of any property, and save as provided in this Act, he shall have the same powers, duties and liabilities, shall be entitled to the same rights and privileges and shall be subject to the same control by the Court as any other receiver so appointed.",
"name": "Appointment of Official Receiver as receiver and his duties, rights and liabilities as such",
"related_acts": "",
"section_id": 4
},
{
"act_id": 177,
"details": "5. (1) The Official Receiver shall not act as receiver in respect of any property except in accordance with the provisions of this Act and of rules made thereunder. (2) Notwithstanding anything contained in any other law, the Official Receiver- (a)\tshall not be required by the Court to enter into any bond or security, and (b)\tshall always be a sole receiver, and it shall not be lawful to appoint him to be a receiver in respect of any property jointly with any other person.",
"name": "Conditions of receivership",
"related_acts": "",
"section_id": 5
},
{
"act_id": 177,
"details": "6. (1) The revenues of the Government shall be liable to make good all sums required to discharge any liability which the Official Receiver may, as a receiver appointed by the Court, be personally liable to discharge: Provided that neither the revenues of the Government nor the Official Receiver shall be liable to discharge any liability to which neither the Official Receiver nor any of his officers has in any way contributed, or which neither he nor any of his officers could, by exercise of reasonable diligence, have averted. (2) Nothing in sub-section (1) shall be deemed to render liable the revenues of the Government or any Official Receiver appointed under this Act for anything done by, or under the authority of, any Official Receiver of the Court before the commencement of this Act. (3) Nothing in sub-section (1) shall prevent the Government from recovering any sum paid by them thereunder from the Official Receiver liable personally to pay such sum. (4) Sums payable by the Government under sub-section (1) are hereby declared to be charged on the revenues of the Government.",
"name": "Liability of Government revenues in certain case",
"related_acts": "",
"section_id": 6
},
{
"act_id": 177,
"details": "7. (1) The Official Receiver shall charge such fees, by way of percentage or otherwise, as may in consultation with the Court be prescribed, provided that in the case of any receivership accepted by him before the commencement of this Act, he shall charge fees in accordance with the law then in force. (2) The fees prescribed under sub-section (1) may be at different rates for different properties or classes of properties.",
"name": "Fees",
"related_acts": "",
"section_id": 7
},
{
"act_id": 177,
"details": "8. (1) The Official Receiver shall transfer and pay to such authority and in such manner and at such times as may be prescribed, all fees received by him after the commencement of this Act, and the same shall be carried to the account and credit of Government, revenues. (2) Any fees or remuneration received by the Official Receiver as agent of an Official Receiver (by whatever designation called) of another Court or in accordance with the provisions of any other Act shall be similarly so transferred and paid by him.",
"name": "Transfer and payment of fees",
"related_acts": "",
"section_id": 8
},
{
"act_id": 177,
"details": "9. (1) The Official Receiver shall maintain an account in the prescribed manner, and shall pay into such account after making any prescribed deductions- (a)\tall monies received by him in the administration of any property, and (b)\tany other sums that may be prescribed. (2) Subject to the control of the Government- (a)\twhenever the cash balance standing to the credit of the account referred to in sub-section (1) is, in the opinion of the Official Receiver, in excess of the amount required for the time being both to meet demands in respect of properties under the control of the Official Receiver and to make any payments that may be prescribed, the Official Receiver shall invest such excess, and (b)\twhenever any part of the money so invested is in the opinion of the Official Receiver, required to meet such demands or to make such payments, he may realise such part of the sums invested as may be necessary for such purposes, and he shall credit the proceeds of such realisation to the said account. (3) The Official Receiver shall transfer and pay to such authority and in such manner and at such times as may be prescribed, the interest earned by, and any profits accruing from the realisation of, any investments under clause (a) of sub-section (2), and the same shall be carried to the account and credit of Government revenues. (4) Nothing in this section shall be deemed to affect the power of the Court to give directions to the Official Receiver in regard to the investment of any property held by him as a receiver appointed by the Court or in regard to the credit of any interest earned by, and any profits accruing from the realisation of, such investment.",
"name": "Account of Official Receiver, investments and proceeds of investments",
"related_acts": "",
"section_id": 9
},
{
"act_id": 177,
"details": "10. (1) Nothing in section 80 of the Code of Civil Procedure, 1908 (Act V of 1908), shall apply to any suit against the Official Receiver in which no relief is claimed against him personally. (2) The Official Receiver shall not sue or be sued without the express permission of the Court. (3) Subject to the provisions of this Act and of all other law relating to receivers appointed by the Court, the Official Receiver may sue and be sued by and in the name of “The Official Receiver in the matter of ......................................” and in that name, may hold property of every description, make contracts, enter into engagements binding upon himself and his successors in office and do all other acts necessary or expedient to be done the execution of his office.",
"name": "Suits by or against the Official Receiver",
"related_acts": "86",
"section_id": 10
},
{
"act_id": 177,
"details": "11. (1) The Government may make rules for carrying into effect the objects of this Act in regard to those functions of the Official Receiver which are discharged under the administrative control of the Government. (2) In particular and without prejudice to the generality of the foregoing power such rules may provide for- (a)\tthe distribution of work between the Official Receiver and any Deputy Official Receiver; (b)\tthe payment or recovery of any sums by the Government under section 6; (c)\tthe fees to be charged by the Official Receiver under section 7 and the manner in which the same are to be collected and accounted for; (d)\tthe authority referred to in sections 8 and 9 and the manner in which fees, remuneration or interest and profits on investments shall be paid and transferred thereto; (e)\tthe receipts, payments and accounts of the Official Receiver; (f)\tthe audit of the accounts of the Official Receiver;\t(g)\tthe safe custody of such monies and securities as may come into the hands of, or under the control of, the Official Receiver; (h)\tthe deductions referred to in sub-section (1) of section 9 and the sums which shall be paid into the account of the Official Receiver under clause (b) thereof; (i)\tthe procedure to be followed in making payments into, and withdrawals from, the account referred to in section 9; (j)\tthe investment of monies and the realisation of investments under section 9; (k)\tthe payments referred to in sub-section (2) of section 9.",
"name": "Power of Government to make rules",
"related_acts": "",
"section_id": 11
}
],
"text": "An Act to provide for the administration and control of the Office of Official Receiver of the High Court Division. 1♠ WHEREAS it is expedient to provide for the administration and control of the office of Official Receiver of the High Court Division; It is hereby enacted as follows:-"
} |
{
"id": 178,
"lower_text": [
"1 The word “Muslim” was substituted for the word “Muhammadan” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The word “Muslim” was substituted for the word “Muhammadan” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Cutchi Memons Act, 1938",
"num_of_sections": 3,
"published_date": "8th April, 1938",
"related_act": [
178,
430
],
"repelled": false,
"sections": [
{
"act_id": 178,
"details": "1. (1) This Act may be called the Cutchi Memons Act, 1938. (2) It shall come into force on the 1st day of November, 1938.",
"name": "Short title and commencement",
"related_acts": "178",
"section_id": 1
},
{
"act_id": 178,
"details": "2. Subject to the provisions of section 3, all Cutchi Memons shall, in matters of succession and inheritance, be governed by the 2Muslim Law.",
"name": "Cutchi Memons to be governed in certain matter by Muslim Law",
"related_acts": "",
"section_id": 2
},
{
"act_id": 178,
"details": "3. Nothing in this Act shall affect any right or liability acquired or incurred before its commencement, or any legal proceeding or remedy in respect of any such right or liability; and any such legal proceeding or remedy may be continued or enforced as if this Act had not been passed.",
"name": "Savings",
"related_acts": "",
"section_id": 3
}
],
"text": "An Act to provide that all Cutchi Memons shall be governed in matters of succession and inheritance by the 1Muslim Law. WHEREAS it is expedient that all Cutchi Memons be governed in matters of succession and inheritance by the Muslim Law; It is hereby enacted as follows:-"
} |
{
"id": 179,
"lower_text": [
"1 Throughout this Act, the words “Bangladesh” and “Government” were substituted for the words “Pakistan” and “Provincial Government” respectively by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The words “for the territories under its administration” were omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The word “Bangladesh” was substituted for the words “His Majesty” by section 3 and the Second Schedule of the Bangladesh Laws (Revision and Declaration) 9Amendment) Act, 1974 (Act No. LIII of 1974)",
"4 The figure, words and commas “31 of the Army Act, 1952, or sections 36, 40 and 41 of the Navy Ordinance, 1961, or sections 37 and 42 of the Air Force Act, 1953” were substituted for the figures, words and commas “31 of the Pakistan Army Act, 1952 or sections 10 to 12 and 14 to 17 inclusive of the Naval Discipline Act as applied to the Pakistan Navy by the Pakistan Navy (Discipline) Act, 1934, or section 37 and 42 of the Pakistan Air Force Act, 1953,”, by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Criminal Law Amendment Act, 1938",
"num_of_sections": 2,
"published_date": "14th September, 1938",
"related_act": [
256,
430,
179,
310,
248
],
"repelled": false,
"sections": [
{
"act_id": 179,
"details": "1. (1) This Act may be called the Criminal Law Amendment Act, 1938. (2) It extends to the whole of Bangladesh. (3) It shall come into force on such date as the Government may, by notification in the official Gazette, appoint in this behalf, 2* * *",
"name": "Short title, extent and commencement",
"related_acts": "179",
"section_id": 1
},
{
"act_id": 179,
"details": "2. Whoever- (a)\twith intent to affect adversely the recruitment of persons to serve in the Military, Naval or Air Forces of 3Bangladesh, wilfully dissuades or attempts to dissuade the public or any person from entering any such Forces, or (b)\twithout dissuading or attempting to dissuade any person from entering such Forces, instigates the public or any person to do, after entering any such Force, anything which is an offence punishable as mutiny or insubordination 431 of the Army Act, 1952, or sections 36, 40 and 41 of the Navy Ordinance, 1961, or sections 37 and 42 of the Air Force Act, 1953, as the case may be, shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both. No person shall be prosecuted for any offence under this Act except with the previous sanction of the Government. Exception 1.- The provisions of clause (a) of this section do not extend to comments on or criticism of the policy of Government in connection with the Military, Naval or Air Forces, made in good faith without any intention of dissuading from enlistment. Exception 2.- The provisions of clause (a) of this section do not extend to the case in which advice is given in good faith for the benefit of the individual to whom it is given, or for the benefit of any member of his family or of any of his dependants.",
"name": "Dissuasion from enlistment and instigation to mutiny or insubordination after enlistment",
"related_acts": "248,310,256",
"section_id": 2
}
],
"text": "An Act to amend the criminal law. 1♣ WHEREAS it is expedient to supplement the criminal law by providing for the punishment of certain acts prejudicial to the recruitment of persons to serve in, and to the discipline of, the Armed Forces of Bangladesh; It is hereby enacted as follows:-"
} |
{
"id": 180,
"lower_text": [
"1 The word “Bangladesh” was substituted for the word “Pakistan” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 Clause (iia) was inserted by section 13 of the Muslim Family Laws Ordinance, 1961 (Act No. VIII of 1961)",
"3 The words “eighteen years” were substituted for the words “sixteen years” by section 2 of the Dissolution of Muslim Marriages (Amendment) Ordinance,1986 (Ordinance No. XXV of 1986)",
"4 The words “nineteen years” were substituted for the words “eighteen years” by section 2 of the Dissolution of Muslim Marriages (Amendment) Ordinance,1986 (Ordinance No. XXV of 1986)"
],
"name": "The Dissolution of Muslim Marriages Act, 1939",
"num_of_sections": 5,
"published_date": "17th March, 1939",
"related_act": [
305,
180,
430
],
"repelled": false,
"sections": [
{
"act_id": 180,
"details": "1. (1) This Act may be called the Dissolution of Muslim Marriages Act, 1939. (2) It extends to the whole of 1Bangladesh.",
"name": "Short title and extent",
"related_acts": "180",
"section_id": 1
},
{
"act_id": 180,
"details": "2. A woman married under Muslim law shall be entitled to obtain a decree for the dissolution of her marriage on any one or more of the following grounds, namely:- (i) \tthat the whereabouts of the husband have not been known for a period of four years; (ii)\tthat the husband has neglected or has failed to provide for her maintenance for a period of two years; 2(iia) that the husband has taken an additional wife in contravention of the provisions of the Muslim Family Laws Ordinance, 1961; (iii)\tthat the husband has been sentenced to imprisonment for a period of seven years or upwards; (iv)\tthat the husband has failed to perform, without reasonable cause, his marital obligations for a period of three years; (v)\tthat the husband was impotent at the time of the marriage and continues to be so; (vi)\tthat the husband has been insane for a period of two years or is suffering from leprosy or a virulent venereal disease; (vii) that she, having been given in marriage by her father or other guardian before she attained the age of 3eighteen years, repudiated the marriage before attaining the age of 4nineteen years: Provided that the marriage has not been consummated; (viii) \tthat the husband treats her with cruelty, that is to say,- (a)\thabitually assaults her or makes her life miserable by cruelty of conduct even if such conduct does not amount to physical ill-treatment, or (b)\tassociates with women of evil repute or leads an infamous life, or (c)\tattempts to force her to lead an immoral life, or (d)\tdisposes of her property or prevents her exercising her legal rights over it, or (e)\tobstructs her in the observance of her religious profession or practice, or (f)\tif he has more wives than one, does not treat her equitably in accordance with the injunctions of the Qoran; (ix)\ton any other ground which is recognised as valid for the dissolution of marriage under Muslim law: Provided that- (a)\tno decree shall be passed on ground (iii) until the sentence has become final; (b)\ta decree passed on ground (i) shall not take effect for a period of six months from the date of such decree, and if the husband appears either in person or through an authorised agent within that period and satisfies the Court that he is prepared to perform his conjugal duties, the Court shall set aside the said decree; and (c)\tbefore passing a decree on ground (v) the Court shall, on application by the husband, make an order requiring the husband to satisfy the Court within a period of one year from the date of such order that he has ceased to be impotent, and if the husband so satisfies the Court within such period, no decree shall be passed on the said ground.",
"name": "Grounds for decree for dissolution of marriage",
"related_acts": "305",
"section_id": 2
},
{
"act_id": 180,
"details": "3. In a suit to which clause (i) of section 2 applies- (a)\tthe names and address of the persons who would have been the heirs of the husband under Muslim law if he had died on the date of the filing of the plaint shall be stated in the plaint, (b)\tnotice of the suit shall be served on such persons, and (c)\tsuch person shall have the right to be heard in the suit: Provided that paternal uncle and brother of the husband, if any, shall be cited as party even if he or they are not heirs.",
"name": "Notice to be served on heirs of the husband when the husband’s whereabouts are not known",
"related_acts": "",
"section_id": 3
},
{
"act_id": 180,
"details": "4. The renunciation of Islam by a married Muslim woman or her conversion to a faith other than Islam shall not by itself operate to dissolve her marriage:\tProvided that after such renunciation, or conversion, the woman shall be entitled to obtain a decree for the dissolution of her marriage on any of the grounds mentioned in section 2: Provided further that the provisions of this section shall not apply to a woman converted to Islam from some other faith who re-embraces her former faith.",
"name": "Effect of conversion to another faith",
"related_acts": "",
"section_id": 4
},
{
"act_id": 180,
"details": "5. Nothing contained in this Act shall affect any right which a married woman may have under Muslim law to her dower or any part thereof on the dissolution of her marriage.",
"name": "Rights to dower not to be affected",
"related_acts": "",
"section_id": 5
}
],
"text": "An Act to consolidate and clarify the provisions of Muslim law relating to suits for dissolution of marriage by women married under Muslim law and to remove doubts as to the effect of the renunciation of Islam by a married Muslim woman on her marriage tie. WHEREAS it is expedient to consolidate and clarify the provisions of Muslim law relating to suits for dissolution of marriage by women married under Muslim law and to remove doubts as to the effect of the renunciation of Islam by a married Muslim woman on her marriage tie; It is hereby enacted as follows:-"
} |
{
"id": 181,
"lower_text": [
"1 Throughout this Act, unless otherwise provided, the words “Bangladesh” and “Government” were substituted for the words “East Pakistan” and “Provincial Government” respectively by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The word “Bengal” was omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 Clause (a1) was inserted by section 3 and the Second Schedule of the East Bengal Laws (Amendment and Repeal) Act, 1949 (East Bengal Act No. V of 1950)",
"4 The words “Upazila Nirbahi Officer” were substituted for the words “Magistrate in-charge of a subdivision of a district” by section 2 of the Tanks Improvement (Amendment) Ordinance, 1986 (Ordinance No. III of 1986)",
"5 The words, comma and figure “Co-operative Societies Act, 1912 or the Bengal” were omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"6 Clause (5a) was inserted by section 3 and the Second Schedule of the East Bengal Laws (Amendment and Repeal) Act, 1949 (East Bengal Act No. V of 1950)",
"7 The words, comma and figure “under Chapter IV of the State Acquisition and Tenancy Act, 1950” were substituted for the words, comma and figure “under Chapter X of the Bengal Tenancy Act, 1885 or under chapter IX of the Sylhet Tenancy Act, 1936 as the case may be” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"8 Section 6A was inserted by section 3 and the Second Schedule of the East Bengal Laws (Amendment and Repeal) Act, 1949 (East Bengal Act No. V of 1950)",
"9 The words, comma and figure “under Chapter IV of the State Acquisition and Tenancy Act, 1950” were substituted for the words, comma and figure “under Chapter X of the Bengal Tenancy Act, 1885 or under chapter IX of the Sylhet Tenancy Act, 1936 as the case may be” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"10 The word “fifteen” was substituted for the words “six and a quarter” by section 3 of the Tanks Improvement (Amendment) Ordinance, 1986 (Ordinance No. III of 1986)",
"11 The word “fifteen” was substituted for the words “six and a quarter” by section 3 of the Tanks Improvement (Amendment) Ordinance, 1986 (Ordinance No. III of 1986)",
"12 Sections 9A, 9B and 9C were added by section 3 and the Second Schedule of the East Bengal Laws (Amendment and Repeal) Act, 1949 (East Bengal Act V of 1950)",
"13 The words, comma and figure “under Chapter IV of the State Acquisition and Tenancy Act, 1950” were substituted for the words, comma and figure “under Chapter X of the Bengal Tenancy Act, 1885 or under chapter IX of the Sylhet Tenancy Act, 1936 as the case may be” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"14 Section 14A was added by section 3 and the Second Schedule of the East Bengal Laws (Amendment and Repeal) Act, 1949 (East Bengal Act No. V of 1950)",
"15 Sections 16, 16A, 16B and 17 were substituted for the original sections 16 and 17 by section 3 and the Second Schedule of the East Bengal Laws (Amendment and Repeal) Act, 1949 (East Bengal Act No. V of 1950)",
"16 The word “fifteen” was substituted for the words “six and one quarter” by section 4 of the Tanks Improvement (Amendment) Ordinance, 1986 (Ordinance No. III of 1986)",
"17 The word “fifteen” was substituted for the words “six and one quarter” by section 4 of the Tanks Improvement (Amendment) Ordinance, 1986 (Ordinance No. III of 1986)",
"18 The word “fifteen” was substituted for the words “six and a quarter” by section 5 of the Tanks Improvement (Amendment) Ordinance, 1986 (Ordinance No. III of 1986)",
"19 Section 19A was inserted by section 3 and the Second Schedule of the East Bengal Laws (Amendment and Repeal) Act, 1949 (East Bengal Act No. V of 1950)",
"20 The words, comma and figure “State Acquisition and Tenancy Act, 1950” were substituted for the words, comma and figure “Bengal Tenancy Act, 1885 or under chapter IX of the Sylhet Tenancy Act, 1936 as the case may be” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"21 Section 20A was added by section 3 and the Second Schedule of the East Bengal Laws (Amendment and Repeal) Act, 1949 (East Bengal Act No. V of 1950)",
"22 The word “Government” was substituted for the words “Board of Revenue” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"23 The word “Government” was substituted for the words “Board of Revenue” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"24 The words “Penal Code” were substituted for the words “Pakistan Penal Code” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"25 The words “five hundred Taka” were substituted for the words “one hundred taka” by section 5 of the Tanks Improvement (Amendment) Ordinance, 1986 (Ordinance No. III of 1986)",
"26 Clause (cc) was inserted by section 3 and the Second Schedule of the East Bengal Laws (Amendment and Repeal) Act, 1949 (East Bengal Act No. V of 1950)",
"27 Clauses (dd), (ddd), (dddd) were inserted by section 3 and the Second Schedule of the East Bengal Laws (Amendment and Repeal) Act, 1949 (East Bengal Act No. V of 1950)"
],
"name": "The Tanks Improvement Act, 1939 (Bengal Act).",
"num_of_sections": 46,
"published_date": "12th October, 1939",
"related_act": [
430,
86
],
"repelled": false,
"sections": [
{
"act_id": 181,
"details": "1. (1) This Act may be called the 2* * * Tanks Improvement Act, 1939. (2) It extends to the whole of Bangladesh. (3) It shall come into force in such areas on such dates as the Government may, by notification in the official Gazette, direct.",
"name": "Short title, extent and commencement",
"related_acts": "",
"section_id": 1
},
{
"act_id": 181,
"details": "2. In this Act, unless there is anything repugnant in the subject or context,- 3(a1) “agricultural land” includes land used for the growing of vegetables and the like and also waste land which is capable of cultivation but does not include a fruit garden, an orchard or any homestead land; (1)\t“authorised person” means the Collector, a local authority, co-operative society, or any other person who takes possession of a tank under the provisions of this Act and includes the successors-in-interest of such a person; (2)\t“Collector” includes a 4Upazila Nirbahi Officer and any officer appointed by the Government to exercise all or any of the functions of a Collector under this Act; (3)\t“co-operative society” means a society registered under the 5* * * Co-operative Societies Act, 1940; (4) \t“derelict tank” means a tank which has been declared to be a derelict tank under section 4; (5) \t“period of possession” means the period from the time when possession is first taken of a tank under section 5 or section 6 until the time when possession thereof is restored under section 21; 6(5a) “person having control over a tank” does not include a person by whom the tank is held for a limited time and whose interest in the tank is not transferable; (6)\t“prescribed” means prescribed by rules made under this Act; (7)\t“tank” means a reservoir, or place which has been used as a reservoir, for the storage of water whether formed by excavation or by the construction of one or more embankments or place where water naturally accumulates, and includes any part of a tank and the banks thereof except such portions of the banks as are homestead, garden or orchard lands.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 181,
"details": "3. If the Collector is of opinion that any tank has fallen into disrepair or disuse, he may serve a notice in the prescribed form and manner on the person having control over the tank requiring him to carry out within a period specified in the notice such improvements of the tank as the Collector considers necessary for the proper utilisation of the tank for purposes of irrigation and pisciculture.",
"name": "Requisition by Collector to carry out improvements in certain tanks",
"related_acts": "",
"section_id": 3
},
{
"act_id": 181,
"details": "4. (1) If the improvements referred to in section 3 are not carried out to the satisfaction of the Collector within the period specified in the notice issued under that section or within such further period as the Collector may, on application made to him in this behalf, think fit to allow, the Collector may, by a notice to the person having control over the tank, and otherwise published in the prescribed form and manner, declare the tank to be a derelict tank. (2) Every notice issued under sub-section (1) shall state the boundaries of the tank which is declared to be a derelict tank or the number entered in the record-of-rights finally published 7under Chapter IV of the State Acquisition and Tenancy Act, 1950 of the survey plot comprising such tank. (3) A copy of every notice published under sub-section (1) shall be posted up in a conspicuous place near the tank, together with an intimation that any objections to the issue of the notice received by the Collector within one month from the date when it is so posted up, will be taken into consideration. (4) On the expiry of the said period of one month, the Collector, after considering the objections, if any, shall confirm or withdraw the notice. (5) A notice published under this section shall, unless and until it is withdrawn, be conclusive evidence of the fact that the tank to which it relates is a derelict tank within the meaning of this section.",
"name": "Declaration of a tank to be a derelict tank",
"related_acts": "",
"section_id": 4
},
{
"act_id": 181,
"details": "5. After the notice declaring a tank to be a derelict tank has been confirmed under section 4 the Collector, if he thinks fit, may at any time- (a)\ttake possession of the tank and carry out the improvements, specified in the notice under section 3, or (b)\tauthorise under section 6 a local authority, co-operative society, or any other person interested to take such action.",
"name": "Power to Collector in respect of a derelict tank",
"related_acts": "",
"section_id": 5
},
{
"act_id": 181,
"details": "6. (1) Any local authority or co-operative society, or any other person who, in the opinion of the Collector, has an interest in a derelict tank, may, if authorised by the Collector by an order in writing in this behalf, take possession of such tank and carry out the improvements specified in the notice under section 3. (2) In making an order under sub-section (1) the Collector shall, except for sufficient reason to be recorded in writing, give preference to the sole owner or any co-sharer owner of the tank who has submitted an application stating that he is willing to carry out the said improvements or he may make an order in favour of more than one such co-sharer owner jointly. (3) An order under sub-section (1) shall be in such form and shall contain such particulars and conditions as may be prescribed.",
"name": "Order for possession of, and improvements in, a derelict tank",
"related_acts": "",
"section_id": 6
},
{
"act_id": 181,
"details": "86A. (1) If any authorised person considers it necessary for the purpose of carrying out the improvements in a derelict tank to take possession of any land adjoining such tank, he may,- (a) \tif he is the Collector, take possession of such land by order in writing; and (b) \tif he is not the Collector, apply in the prescribed manner to the Collector to be empowered to take possession of such land and the Collector may, if he is satisfied after considering the application that such land is required for carrying out the improvements, empower the authorised person by order in writing to take possession of such land: Provided that the Collector shall not take possession or empower any authorised person to take possession of such land without giving in the prescribed manner the person in possession of such land reasonable opportunity of making any representation he may like to make and without considering any representation so made. (2) Every order made under sub-section (1) shall specify the boundaries of the land to which it relates or the number entered in the record-of-rights finally published 9under Chapter IV of the State Acquisition and Tenancy Act, 1950 of the survey plot comprising such land and shall be in such form as may be prescribed.",
"name": "Order for possession of lands adjoining a derelict tank for carrying out improvements in such tank",
"related_acts": "",
"section_id": 7
},
{
"act_id": 181,
"details": "7. (1) If any authorised person- (a)\tfails to carry out the improvements to the satisfaction of the Collector within such time as may be specified in the order under section 6, or (b) \tfails, in the opinion of the Collector, to proceed with the improvements with due diligence or to maintain the tank in proper condition, or (c) \twith or without the permission of the Collector gives up possession of the tank or abandons the work of improvement, or (d) \tis, in the opinion of the Collector, guilty of any serious negligence or misconduct in relation to the tank or to persons having any right or interest in the tank or in the use of water thereof, or (e) \tfails to comply with any order passed under section 26 or section 27, the Collector may cancel the order made under section 6 as well as any order made under clause (b) of sub-section (1) of section 6A, and thereupon all rights and powers of the said authorised person in respect of the tank and in respect of any land of which possession is taken as a result of an order made under clause (b) of sub-section (1) of section 6A shall cease and determine, and the Collector shall take possession of the tank and such land. (2) After taking possession of the tank and such land under sub-section (1) the Collector shall either appoint another authorised person to carry out the improvements or carry them out himself.",
"name": "Cancellation of order under section 6",
"related_acts": "",
"section_id": 8
},
{
"act_id": 181,
"details": "8. Subject to the provisions of this Act, an authorised person shall be entitled to remain in possession of a derelict tank for such period as the Collector may determine after consideration of the time necessary to compensate the authorised person for the cost incurred in the improvements carried out together with interest thereon at the rate of 10fifteen per centum per annum, but not exceeding twenty years from the date on which he takes possession thereof under section 5 or section 6: Provided that the Collector, upon application made or of his own motion, after considering the views of the authorised person, may at any time reduce the period of possession determined by him under this section or extend such period subject to the maximum limit of twenty years referred to in this section, according as it appears that the costs incurred- (a)\tby the Collector in carrying out the purposes of this Act in respect of the tank, and (b) \tby the authorised person in carrying out the required improvements in the tank, will be recovered together with the interest thereon at the rate of 11fifteen per centum per annum within a period shorter than, or will not be recovered together with such interest within the period of possession so determined.",
"name": "Authorised person to retain possession of a derelict tank for a period not exceeding twenty years",
"related_acts": "",
"section_id": 9
},
{
"act_id": 181,
"details": "129A. An authorised person shall be entitled to remain in possession of any land adjoining a derelict tank of which possession is taken under section 6A as long as such person remains in possession of such derelict tank under section 8.",
"name": "Authorised person to retain possession of land adjoining a tank during the period of possession of such tank",
"related_acts": "",
"section_id": 10
},
{
"act_id": 181,
"details": "9. Notwithstanding anything contained in section 8, the Collector in his discretion may, at any time within the period determined under the said section, restore to possession of the tank the person recorded as entitled to possession thereof in the record-of-rights referred to in section 22 or his successors-in-interest, provided that- (a)\tsuch person pays to the Collector so much of the costs incurred up to that time both by the authorised person in carrying out the required improvements in the tank and by the Collector in carrying out the purposes of this Act in respect of the tank as remains unrecovered after realisation by the authorised person under this Act of the fees referred to in section 17 or of any sum under any lease referred to in section 18, together with interest on the costs so remaining unrecovered at the rate of fifteen per centum per annum, and (b) \the undertakes to the satisfaction of the Collector to carry out any remaining improvements specified in the notice under section 3 within such period as the Collector may determine.",
"name": "Owner to be restored to possession on certain conditions",
"related_acts": "",
"section_id": 11
},
{
"act_id": 181,
"details": "9C. When the possession of a derelict tank is restored by the Collector under section 9, the Collector shall at the same time restore the possession of any land adjoining such tank of which possession was taken under section 6A and has not already been restored under sub-section (1) of section 9B or of which possession was retaken under sub-section (3) of section 9B to the person recorded as entitled to possession of such land in the record-of-rights referred to in section 22: Provided that where the person to whom the possession of the tank is restored under section 9 is not the person recorded as entitled to possession of such land in the said record-of-rights or his successor-in-interest, the possession of such land shall not be so restored until the improvements, if any, required to be carried out in the tank under clause (b) of the proviso to section 9 has been completed if the person to whom the possession of the tank is so restored agrees to pay the person so recorded as entitled to possession of such land the compensation which would have been payable by the authorised person under sub-section (1) of section 14A if such authorised person had continued to be in possession of such land.",
"name": "Restoration of possession of land adjoining a derelict tank on the restoration of possession of such tank under section 9",
"related_acts": "",
"section_id": 12
},
{
"act_id": 181,
"details": "9B. (1) Notwithstanding anything contained in section 9A, if the person recorded as entitled to possession of any land adjoining a derelict tank in the record-of-rights referred to in section 22 or his successor-in-interest is not the person recorded as entitled to possession of such derelict tank in the record-of-rights referred to in the said section or his successor-in-interest, then the Collector may, at the request of the person so recorded as entitled to possession of such land or his successor-in-interest or of the authorised person at any time after the required improvements in the tank have been completed, by an order in writing, restore the possession of such land to the person so recorded as entitled to possession of such land or to his successor-in-interest, although the possession of the tank by the authorised person has not terminated, and when the possession of such land is so restored all rights in the land which existed prior to the time when possession was first taken of the land under section 6A shall be revived: Provided that before the Collector takes any action under this sub-section at the request of any person other than the authorised person, the Collector shall give the authorised person a reasonable opportunity of making any representation he may like to make and the Collector shall consider any representation so made. (2) The person to whom the possession of such land has been restored under sub-section (1) shall not use it in such manner as may cause damage to the banks of the derelict tank or may affect the use of the tank for the purposes of irrigation and pisciculture. (3) If the person referred to in sub-section (2) fails, in the opinion of the Collector, to comply with the provisions of that sub-section, the Collector may,- (a)\tagain empower the authorised person by an order in writing to take possession of such land whereupon the authorised person shall forthwith take possession thereof, or (b)\tif he is the authorised person, himself again take possession of such land by order in writing, and the authorised person so taking possession of such land again shall retain such possession as long as he remains in possession of the tank. (4) Every order made under sub-section (3) shall specify the boundaries of the land to which it relates or the number entered in the record-of-rights finally published 13under Chapter IV of the State Acquisition and Tenancy Act, 1950 of the survey plot comprising such land and shall be in such form as may be prescribed.",
"name": "Restoration of possession of land adjoining a derelict tank and the retaking of possession of such land",
"related_acts": "",
"section_id": 13
},
{
"act_id": 181,
"details": "10. An authorised person shall not be liable to pay any rent or compensation in respect of his possession of a derelict tank or any land of which possession is taken under section 6A or is retaken under sub-section (3) of section 9B except as expressly provided in this Act.",
"name": "Authorised person not liable to pay rent or compensation",
"related_acts": "",
"section_id": 14
},
{
"act_id": 181,
"details": "11. Save as otherwise expressly provided in this Act, the possession of a derelict tank or of any land adjoining a derelict tank under this Act by an authorised person shall not affect the right or liability of any other person to receive or pay rent in respect of the said tank or land or in respect of any right or interest therein: Provided that where rent in respect of the tank was, at the time when possession was first taken of the tank under this Act, payable by any person solely in respect of a right to use the water of the tank for irrigation purposes the liability to pay such rent shall cease and determine from the date on which such possession was taken.",
"name": "Possession by an authorised person not to affect the rights or liabilities of other persons",
"related_acts": "",
"section_id": 15
},
{
"act_id": 181,
"details": "12. (1) Where a derelict tank is, at the time of the taking of possession thereof by an authorised person, in the actual possession of the owner of the tank, the authorised person shall, at such times and in such manner as may be prescribed, pay to such owner such rent as the Collector, after such inquiry as he thinks fit, may determine: Provided that where the authorised person is the owner of the tank in actual possession thereof, no such payment of the rent determined by the Collector under this sub-section shall be necessary; but the amount of such rent shall be included in and form part of the costs incurred or likely to be incurred by the authorised person in carrying out the required improvements in the tank. (2) Where a derelict tank is, at the time of the taking of possession thereof by an authorised person, in the actual possession of any person other than the owner of the tank, the authorised person shall, at such times and in such manner as may be prescribed, pay to the person dispossessed by him such compensation as the Collector, after such inquiry as he thinks fit, may determine. Such compensation shall not be less than the amount of the rent which the person so dispossessed is liable to pay in respect of the tank, and shall be deemed to be a full and complete satisfaction for all loss suffered by such person as a result of the interference with his possession.",
"name": "Authorised person to pay rent to owner and compensation to person other than the owner dispossessed by him",
"related_acts": "",
"section_id": 16
},
{
"act_id": 181,
"details": "13. Where, at the time of the taking of possession of derelict tank by an authorised person, any person has a right, on payment of any rent or charge, to catch fish in the tank or to take fruits from trees on, or other produce from, the banks of the tank, the authorised person shall, at such times and in such manner as may be prescribed, pay to the said person such compensation as the Collector, after such inquiry as he thinks fit, may determine. Such compensation shall not be less than the amount of the rent or charge which the said person continues to be liable to pay to the owner or any tenant of the tank and shall be deemed to be a full and complete satisfaction for all loss suffered by such person as a result of the interference with the exercise of his right.",
"name": "Authorised person to pay compensation to persons who have right to fish in the tank, etc., on payment",
"related_acts": "",
"section_id": 17
},
{
"act_id": 181,
"details": "14. (1) Where the bed or any part of the bed of a tank has been leased out to cultivators for agricultural purposes the authorised person shall pay compensation to such cultivators, and thereupon such lease shall be terminated. The amount of compensation payable to each cultivator shall be such amount as the Collector, after such inquiry as he thinks fit, deems fair and equitable but not less than the salami paid by such cultivator for the lease. (2) The amount of compensation determined by the Collector under sub-section (1) shall be paid in the prescribed manner and within the prescribed time to the authorised person by the landlord who granted the lease. If the landlord makes default in such payment the same shall be recoverable from the landlord by the Collector as a public demand and paid by him to the authorised person.",
"name": "Authorised person to pay compensation to cultivators who hold a lease of the bed of such tank",
"related_acts": "",
"section_id": 18
},
{
"act_id": 181,
"details": "1414A. (1) Where the owner of a derelict tank is not the owner of any land adjoining such tank of which possession is taken under section 6A, or retaken under sub-section (3) of section 9B, the authorised person shall, at such times and in such manner as may be prescribed, pay to the person in possession of such land at the time of taking or retaking possession thereof such compensation as the Collector, after such inquiry as he thinks fit, may determine. Such compensation shall not be less than the amount of the rent which the person so dispossessed is liable to pay in respect of the land and shall be deemed to be a full and complete satisfaction for all loss suffered by such person as a result of the interference with his possession. (2) Where the owner of a derelict tank is also the owner of any land adjoining such tank of which possession is taken under section 6A, or retaken under sub-section (3) of section 9B, the authorised person shall- (a)\tin the case where such land is in the actual possession of the owner thereof, pay at such times and in such manner as may be prescribed to such owner such rent as the Collector, after such inquiry as he thinks fit, may determine: Provided that where the authorised person is the owner of such land in actual possession thereof, no such payment of the rent determined by the Collector under this clause shall be necessary; but the amount of such rent shall be included in and form part of the costs incurred or likely to be incurred by the authorised person in carrying out the required improvements in the tank; and (b)\tin other cases, pay at such times and in such manner as may be prescribed to any person to whom such land has been leased out and who holds such land as lessee at the time such possession is taken or retaken and to every other person having at that time, on payment of any rent or charge, any right in such land, such compensation as the Collector, after such inquiry as he thinks fit, may determine, and such compensation shall not be less than the amount of the rent or charge, which the person to whom the compensation is paid continues to be liable to pay to the owner or the tenant of such land and shall be deemed to be a full and complete satisfaction for all loss suffered by every such person as a result of the interference with the exercise of his right.",
"name": "Payment of compensation to persons having rights in lands adjoining a tank of which possession is taken under this Act",
"related_acts": "",
"section_id": 19
},
{
"act_id": 181,
"details": "15. (1) During the period of possession no person shall without the permission of the authorised person use or occupy the tank or use the water thereof except for drinking and other domestic purposes or catch fish in the tank or take fruits from trees on, or other produce from, the banks of the tank, except such portions of the banks as are homestead, garden or orchard lands. (2) During the period any land, of which possession is taken under section 6A or retaken under sub-section (3) of section 9B, remains in the possession of an authorised person, no person shall without the permission of the authorised person use or occupy such land or take fruits from trees on, or other produce from, such land.",
"name": "Permission of the authorised person necessary to use or occupy the tank, etc.",
"related_acts": "",
"section_id": 20
},
{
"act_id": 181,
"details": "1516. During the period of possession all rights to use the water of the tank for irrigation purposes shall vest in the authorised person and no person shall use the water of the tank for such purposes except with the permission of the authorised person.",
"name": "Rights to use the water of the tank",
"related_acts": "",
"section_id": 21
},
{
"act_id": 181,
"details": "16A. (1) When the possession of any tank has been taken under section 5 or section 6 the Collector shall determine in the prescribed manner the maximum area of land to the limits of which irrigation from the said tank may practicably be extended (hereinafter referred to as the maximum irrigation area) and the Collector shall publish a notice in the prescribed form and manner defining the limits of the maximum irrigation area so determined. (2) Every person possessing agricultural land within the maximum irrigation area shall, subject to the provisions of sub-sections (3) and (4), be liable to pay a fee annually during the period of possession to the authorised person at the rate fixed and in the manner provided under section 17 and such liability shall not cease either by reason of such person not using water for irrigation purposes from the tank to which the maximum irrigation area relates or by reason of permission to use such water being refused under sub-section (2) of section 16B. (3) Any person concerned may, within thirty days of the date of the publishing of the notice referred to in sub-section (1), apply in the prescribed form and manner and on payment of the prescribed fee to the Collector for- (a)\tincluding any land within the maximum irrigation area, (b)\texcluding any land from the maximum irrigation area, and (c) \texempting any land or part of any land from liability to pay the fees referred to in sub-section (2) on the ground that such land cannot practicably be irrigated from the tank to which the maximum irrigation area relates, or cannot be benefited by such irrigation or that such land is not agricultural land, and the Collector after giving the applicant a reasonable opportunity of being heard may pass such order as to such inclusion, exclusion or exemption as he thinks fit. (4) The Collector may, of his own motion at any time after the expiry of thirty days from the date of publishing of the notice referred to in sub-section (1), include within the maximum irrigation area any land which was not agricultural land at the time of publication of such notice but has subsequently been converted into agricultural land, or otherwise revise the limits of the maximum irrigation area or exempt any land or part of any land within such maximum irrigation area from liability to pay the fees referred to in sub-section (2) and the Collector shall modify the list referred to in sub-section (1) of section 16B accordingly: Provided that before any order for such inclusion, revision or exemption is passed all persons concerned shall be given a reasonable opportunity of making any representation which they may like to make and the Collector shall consider such representation.",
"name": "Maximum irrigation area",
"related_acts": "",
"section_id": 22
},
{
"act_id": 181,
"details": "16B. (1) As soon as may be after the Collector has disposed of any applications made under sub-section (3) of section 16A, he shall prepare a list in the prescribed form and manner of the persons who are liable to pay the fees referred to in sub-section (2) of that section and such list shall specify the amount of agricultural land within the maximum irrigation area in respect of which each such person is to pay such fee and the amount of such fee which such person is to pay annually to the authorised person. (2) The Collector shall publish the list referred to in sub-section (1) and every modification of such list in the manner prescribed and shall, where the authorised person is not the Collector, forward a copy of such list and every modification of such list to the authorised person who shall permit every person whose name is entered in the list to use the water of the tank for the irrigation of the land of such person as long as the amount of the fee payable by such person is duly paid and not otherwise. (3) If any dispute arises between persons entered in the list prepared under sub-section (1) as to any matter in respect of the use of water by such persons from the tank for the irrigation of their lands the authorised person shall decide the dispute and his decision, subject to the provisions of section 26, shall be final.",
"name": "Preparation of list",
"related_acts": "",
"section_id": 23
},
{
"act_id": 181,
"details": "17. (1) Every person whose name is included in the list referred to in sub-section (1) of section 16B or his successor-in-interest shall pay annually and in the prescribed manner and on the dates prescribed to the authorised person the fees fixed according to the provisions of this section. (2) If the fees payable under sub-section (1) are not paid within fifteen days from the due date fixed for such payment, interest on the amount of the fees so outstanding shall be payable at the rate of 16fifteen per centum per annum calculated from the date on which such payment became due until the date on which the amount of the fees so outstanding is paid or recovered, as the case may be. (3) Such Revenue Authority as may be appointed by the Government in this behalf shall fix, in respect of any tank of which possession is taken under this Act and for which the maximum irrigation area has been determined by the Collector, the rate or rates at which fees to be paid to the authorised person under sub-section (1) shall be calculated and different rates may be so fixed for classes of agricultural lands of different descriptions or having different advantages. (4) The rate to be fixed under sub-section (3) for any class of agricultural land shall be such that- (a) \tall costs incurred or likely to be incurred- (i) \tby the authorised person in carrying out the required improvements in the tank, and (ii)\tby the Collector in carrying out the purposes of this Act in respect of the tank, will be recovered together with interest thereon at the rate of 17fifteen per centum per annum within such period as is determined by the Collector under section 8 as the period for which the authorised person is entitled to remain in possession of the said tank, and (b) \tthe rate of fees payable in respect of any land for the irrigation of which any person had, at the time when possession was taken of the tank under this Act, no right to use the water of the tank exceeds by fifty per centum the rate of fees payable in respect of the land for the irrigation of which a person had such a right. (5) The Revenue Authority appointed under sub-section (3) may revise the rate or rates of fees fixed under this section in respect of any tank. (6) Any sum due to the authorised person under this section shall be recoverable as a public demand.",
"name": "Payment and rate of fees",
"related_acts": "",
"section_id": 24
},
{
"act_id": 181,
"details": "18. (1) During the period of possession the authorised person may, subject to the provisions of this Act and the previous permission of the Collector, lease to any person for a period not extending beyond the period of possession any part of the banks of the tank or any right to take fruit from trees on, or other produce from, such banks or any right to rear and catch fish in the tank. (2) During the period any land of which possession is taken under section 6A or retaken under sub-section (3) of section 9B remains in the possession of an authorised person, such authorised person may, subject to the provisions of this Act and the previous permission of the Collector, lease to any person for a period not extending beyond the said period of possession any part of the said land or any right to take fruits from trees on, or other produce from such land. (3) Any sum due to the authorised person under any lease granted under this section shall be recoverable as a public demand. (4) All sums realised by the authorised person under any lease granted under this section shall be applied to the recovery of all costs incurred or likely to be incurred by the authorised person in carrying out the required improvements in the tank and by the Collector in carrying out the purposes of this Act in respect of the tank together with interest on such costs at the rate of 18fifteen per centum per annum.",
"name": "Power of authorised person to lease out the tank, etc.",
"related_acts": "",
"section_id": 25
},
{
"act_id": 181,
"details": "19. Except as provided in this Act, no transfer by sale, gift, will, mortgage, lease or any contract or agreement of any right acquired by an authorised person under the provisions of this Act in respect of a derelict tank or in respect of any land of which possession is taken under section 6A or retaken under section (3) of section 9B shall be valid.",
"name": "Bar to transfer of tank except as provided in this Act",
"related_acts": "",
"section_id": 26
},
{
"act_id": 181,
"details": "1919A. Notwithstanding anything contained in the 20State Acquisition and Tenancy Act, 1950 no person shall acquire any occupancy right in any part of the banks of, or in any land adjoining, a tank leased out to such person under section 18 and no person who has held any part of the banks of any tank under a lease under section 18 at any time since the commencement of this Act shall be deemed to have acquired any occupancy right therein.",
"name": "Bar to acquisition of occupancy rights in lands leased out under section 18",
"related_acts": "",
"section_id": 27
},
{
"act_id": 181,
"details": "20. Every authorised person who takes possession of a derelict tank under the provisions of this Act shall maintain the same in proper condition, and if, in the opinion of the Collector, he fails to do so the provisions of sections 5 and 6 shall be applicable as if the maintenance of the tank in proper condition were an improvement specified in the notice under section 3 or the Collector may, if he thinks fit, arrange for the maintenance of the tank in proper condition and recover the cost thereof from the authorised person.",
"name": "Authorised person to maintain tank in proper condition",
"related_acts": "",
"section_id": 28
},
{
"act_id": 181,
"details": "2120A. Every authorised person who under section 6A takes possession of any land adjoining a derelict tank or who under sub-section (3) of section 9B retakes possession of such land shall maintain such land in proper condition and if, in the opinion of the Collector, he fails to do so, the Collector may, if he thinks fit, arrange for the maintenance of such land in proper condition and recover the cost thereof from the authorised person.",
"name": "Authorised person to maintain land adjoining a tank of which possession is taken by him in proper condition",
"related_acts": "",
"section_id": 29
},
{
"act_id": 181,
"details": "21. When the possession of a derelict tank is finally terminated in accordance with the provisions of section 8, the tank shall be restored to the possession of the persons who were recorded as entitled to possession thereof in the record-of- rights referred to in section 22, or their successors-in-interest and any land possession of which was taken under section 6A but has not been previously restored under section 9B or section 9C or possession of which has been retaken under sub-section (3) of section 9B shall be restored to the possession of the persons who are recorded as entitled to possession thereof in the record-of-rights referred to in section 22 or their successors-in-interest and all rights in the tank including all rights to use the water for the purposes of irrigation which existed prior to the time when possession was first taken of the tank under section 5 or section 6 and all rights in such land which existed prior to the time when possession of the land was taken under section 6A or retaken under sub-section (3) of section 9B, as the case may be, excepting any rights for which compensation has been paid under section 14, shall be revived.",
"name": "Restoration of possession of tank",
"related_acts": "",
"section_id": 30
},
{
"act_id": 181,
"details": "22. (1) The Collector shall prepare in the prescribed form and manner a record-of-rights in respect of all tanks which are declared to be derelict tanks under this Act, and a record-of-rights in respect of the lands adjoining such tanks of which possession is taken under section 6A or retaken under sub-section (3) of section 9B and during the period of possession of any such tank or during the period for which any such land remains in the possession of an authorised person he may, on application or of his own motion, from time to time, add to or alter in the prescribed manner any entry in the record-of-rights in respect of such tank or such land. (2) Every entry in the record-of-rights referred to in sub-section (1) shall be evidence of the matter referred to in such entry, and shall be presumed to be correct in every particular for the purposes of this Act until it is proved by evidence to be incorrect.",
"name": "Record-of-rights in respect of derelict tanks",
"related_acts": "",
"section_id": 31
},
{
"act_id": 181,
"details": "23. (1) The persons to whom possession of a tank or possession of any land adjoining a tank has been restored under section 21 and their successors-in-interest shall, subject to any subsisting contact be responsible for maintaining the tank or such land in proper condition; and if, in the opinion of the Collector, the tank falls into disrepair or the land is not kept in proper condition, the Collector may, of his own motion, or on the application of any person interested in the tank, serve a notice in the prescribed form and manner on such persons or their successors-in-interest, requiring them to carry out such repairs to the tank or such improvements in the land as the Collector considers to be necessary. (2) If the repairs or the improvements referred to in sub-section (1) are not carried out to the satisfaction of the Collector, within six months from the date of service of the notice mentioned in sub-section (1), the Collector may himself carry out the repairs or such improvements or may authorise any person to carry them out.",
"name": "Person to whom possession of a tank is restored to maintain it in proper condition",
"related_acts": "",
"section_id": 32
},
{
"act_id": 181,
"details": "24. All costs incurred by the Collector in carrying out the purposes of this Act in respect of a tank of which possession is taken under section 6 or in respect of any land of which possession is taken under section 6A or retaken under sub-section (3) of section 9B shall be paid by the authorised person and all costs of carrying out the repairs of a tank or the improvements in any land under section 23 shall be paid by the person responsible under sub-section (1) of the said section for the maintenance of the tank or such land in proper condition at such times and in such manner as may be prescribed, and on default in payment thereof the same shall be recoverable by the Collector as a public demand.",
"name": "Costs",
"related_acts": "",
"section_id": 33
},
{
"act_id": 181,
"details": "25. (1) During the period of possession all disputes relating to the exercise of any rights in respect of a tank or the use of the water thereof by the authorised person shall be decided by the Collector in such manner as may be prescribed. (2) During the period of any land of which possession is taken under section 6A or retaken under sub-section (3) of section 9B remains in the possession of an authorised person, all disputes relating to the exercise of any rights in respect of such land shall be decided by the Collector in such manner as may be prescribed.",
"name": "Decision of disputes",
"related_acts": "",
"section_id": 34
},
{
"act_id": 181,
"details": "26. Any person aggrieved by any action or decision of an authorised person, other than the Collector, may appeal to the Collector who after giving such authorised person an opportunity to be heard in the matter, shall pass such order thereon as he thinks fit.",
"name": "Appeal against action of authorised person",
"related_acts": "",
"section_id": 35
},
{
"act_id": 181,
"details": "27. (1) Any person aggrieved by any order passed by a Collector, other than the Collector of the district, under this Act may appeal in the prescribed manner to the Collector of the district. (2) Any person aggrieved by any order passed, on appeal or otherwise, by the Collector of the district may appeal in the prescribed manner to the Commissioner. (3) Any person aggrieved by any order passed by a Commissioner under this Act may appeal in the prescribed manner to the 22Government: Provided that where an order passed by the Collector of the district on appeal has been confirmed by the Commissioner no appeal under this sub-section shall lie except on a point of law.",
"name": "Other appeals",
"related_acts": "",
"section_id": 36
},
{
"act_id": 181,
"details": "28. Notwithstanding anything contained in any other Act the procedure to be followed by the Collector of the district, Commissioner or 23Government in any proceedings under section 27 shall be in accordance with rules made under this Act.",
"name": "Procedure in proceedings under section 27",
"related_acts": "",
"section_id": 37
},
{
"act_id": 181,
"details": "29. No decree nor order of a Civil Court shall operate to disturb, curtail or otherwise modify the possession under this Act of a tank or of any land adjoining such tank by the authorised person, or, during the period of possession of such tank or during the period for which any such land remains in the possession of an authorised person, to annual or alter any order or decision of the Collector or any other Revenue authority made or purporting to have been made under the provisions of this Act.",
"name": "Order of Civil Court not to operate during period of possession",
"related_acts": "",
"section_id": 38
},
{
"act_id": 181,
"details": "30. No suit shall lie in any Civil Court for compensation in respect of any injury, damage or loss resulting from anything done under this Act.",
"name": "Bar to jurisdiction of Civil Courts",
"related_acts": "",
"section_id": 39
},
{
"act_id": 181,
"details": "31. The Collector, subject to any rules made under this Act, may at any time enter upon any land with such officers or servants as he considers necessary, and make a survey or take measurements thereof or do any other acts which he considers to be necessary for carrying out any of his duties under this Act.",
"name": "Power to enter land to make survey, etc.",
"related_acts": "",
"section_id": 40
},
{
"act_id": 181,
"details": "32. (1) Subject to rules made under this Act the Collector may, for the purposes of this Act, by notice, require any person to make and deliver to him a statement or to produce records or documents in his possession or control relating to any land or tank at a time and place specified in the notice. (2) Every person required to make or deliver a statement or to produce any record or document under this section shall be deemed legally bound to do so within the meaning of sections 175 and 176 of the 24Penal Code.",
"name": "Power to compel production of statements and documents",
"related_acts": "",
"section_id": 41
},
{
"act_id": 181,
"details": "33. For the purposes of an inquiry under this Act the Collector shall have power to summon and enforce the attendance of witnesses, including any of the persons interested in the tank or in the land adjoining such tank, and to compel the production of documents by the same means and, so far as may be, in the same manner as is provided in the case of a Civil Court under the Code of Civil Procedure, 1908.",
"name": "Power to enforce attendance of witnesses and production of documents",
"related_acts": "86",
"section_id": 42
},
{
"act_id": 181,
"details": "34. The Collector may, by order in writing, authorise any officer subordinate to him to exercise the powers of the Collector under clause (a) of section 5 or clause (a) of sub-section (1) of section 6A, clause (b) of sub-section (3) of section 9B or under section 31.",
"name": "Power to authorise subordinate officer to exercise Collector’s powers",
"related_acts": "",
"section_id": 43
},
{
"act_id": 181,
"details": "35. Whoever contravenes any of the provisions of section 15, or sub-section (1) of section 16 shall be punished with fine which may extend to 25five hundred Taka.",
"name": "Penalty",
"related_acts": "",
"section_id": 44
},
{
"act_id": 181,
"details": "36. The proprietor of a tank or of any land adjoining a tank shall not be entitled to claim, on account of anything done under the provisions of this Act any reduction in the revenue payable by him to the Government.",
"name": "No reduction of revenue for anything done under this Act",
"related_acts": "",
"section_id": 45
},
{
"act_id": 181,
"details": "37. (1) The Government may make rules for carrying out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:- (a) \tthe forms of notices under section 3, sub-section (1) of section 4 and sub-section (1) of section 23, of orders under sub-section (1) of section 6, sub-section (1) of section 6A and sub-section (3) of section 9B, and of record-of-rights under sub-section (1) of section 22; (b) \tthe manner of serving notice under section 3 and sub-section (1) of section 23 and of publishing notice under sub-section (1) of section 4; (c) \tthe particulars and conditions to be specified in an order under sub-section (1) of section 6; 26(cc) \tthe manner of making an application under clause (b) of sub-section (1) of section 6A and of giving reasonable opportunity to the person in possession of the land to make any representation under the proviso to the said sub-section; (d) \tthe time and manner of payment of compensation under section 12, section 13, sub-section (2) of section 14 and sub-section (1) and (2) of section 14A, and of costs under section 24; 27(dd) \tthe manner of determining the maximum irrigation area and the form and the manner of publishing the notice defining the limits of the maximum irrigation area under sub-section (1) of section 16A, and the form and manner of the application and the fee payable under sub-section (3) of that section; (ddd) the form of the list and the manner of its preparation under sub-section (1) of section 16B and the manner of publication of the list and every modification thereof under sub-section (2) of that section; (dddd) \tthe manner and the dates of payment of fees under sub-section (1) of section 17; (e) \tthe manner of preparing the records-of-rights under sub-section (1) of section 22, and of adding or altering any entry therein; (f) \tthe manner of deciding disputes under sub-sections (1) and (2) of section 25; (g) \tthe manner of making an appeal and the procedure to be followed in any proceedings under section 27; (h) \tthe procedure and conduct of the Collector and of officers and servants referred to in section 31; (i) \tthe exercise of powers under sub-section (1) of section 32 to enforce the making and delivery of statements and production of documents.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 46
}
],
"text": "An Act to provide for the improvement of tanks in Bangladesh for purposes of irrigation. 1♣ WHEREAS it is expedient to provide for the improvement of tanks in Bangladesh for purposes of irrigation; It is hereby enacted as follows:-"
} |
{
"id": 182,
"lower_text": [
"1 Throughout this Act, the words “Bangladesh”, “Government” and “Taka” were substituted for the words “Pakistan”, “Central Government” and “rupees” respectively by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The word “Parliament” was substituted for the words “the Central Legislature” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Registration of Foreigners Act, 1939",
"num_of_sections": 9,
"published_date": "8th April, 1939",
"related_act": [
24,
430,
182,
216
],
"repelled": false,
"sections": [
{
"act_id": 182,
"details": "1. (1) This Act may be called the Registration of Foreigners Act, 1939. (2) It extends to the whole of Bangladesh.",
"name": "Short title and extent",
"related_acts": "182",
"section_id": 1
},
{
"act_id": 182,
"details": "2. \tIn this Act- (a)\t“foreigner” means a person who is not a citizen of Bangladesh; (b)\t“prescribed” means prescribed by rules made under this Act.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 182,
"details": "3. The Government may after previous publication, by notification in the official Gazette, make rules with respect to foreigners for any or all of the following purposes, that is to say- (a)\tfor requiring any foreigner entering, or being present in, Bangladesh to report his presence to a prescribed authority within such time and in such manner and with such particulars as may be prescribed; (b) \tfor requiring any foreigner moving from one place to another place in Bangladesh, to report, on arrival at such other place, his presence to a prescribed authority within such time and in such manner and with such particulars as may be prescribed; (c) \tfor requiring any foreigner who is about to leave Bangladesh to report the date of his intended departure and such other particulars as may be prescribed to such authority and within such period before departure as may be prescribed; (d)\tfor requiring any foreigner entering, being present in, or departing from, Bangladesh, to produce, on demand by a prescribed authority, such proof of his identity as may be prescribed; (e)\tfor requiring any person having the management of any hotel, boarding-house, sarai or any other premises of like nature to report the name of any foreigner residing therein for whatever duration, to a prescribed authority within such time and in such manner and with such particulars as may be prescribed; (f) \tfor requiring any person having the management or control of any vessel or aircraft to furnish to a prescribed authority such information as may be prescribed regarding any foreigner entering, or intending to depart from, Bangladesh, in such vessel or aircraft, and to furnish to such authority such assistance as may be necessary or prescribed for giving effect to this Act; (g)\tfor providing for such other incidental or supplementary matters as may appear to the Government necessary or expedient for giving effect to this Act.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 3
},
{
"act_id": 182,
"details": "4. If any question arises with reference to this Act or any rule made thereunder, whether any person is or is not a foreigner, or is or is not a foreigner of a particular class or description, the onus of proving that such person is not a foreigner or is not a foreigner of such particular class or description, as the case may be, shall, notwithstanding anything contained in the Evidence Act, 1872, lie upon such person.",
"name": "Burden of proof",
"related_acts": "24",
"section_id": 4
},
{
"act_id": 182,
"details": "5. Any person who contravenes, or attempts to contravene, or fails to comply with, any provision of any rule made under this Act shall be punished, if a foreigner, with imprisonment for a term which may extend to one year or with fine which may extend to one thousand Taka or with both, or if not a foreigner, with fine which may extend to five hundred Taka.",
"name": "Penalties",
"related_acts": "",
"section_id": 5
},
{
"act_id": 182,
"details": "6. The Government may, by order, declare that any or all of the provisions of the rules made under this Act shall not apply, or shall apply only with such modifications or subject to such conditions as may be specified in the said order, to or in relation to any individual foreigner or any class or description of foreigner: Provided that a copy of every such order shall be placed on the table of 2Parliament as soon as may be after its promulgation.",
"name": "Power to exempt from application of Act",
"related_acts": "",
"section_id": 6
},
{
"act_id": 182,
"details": "7. No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act.",
"name": "Protection to persons acting under this Act",
"related_acts": "",
"section_id": 7
},
{
"act_id": 182,
"details": "8. The provisions of this Act shall be in addition to, and not in derogation of, the provisions of the Foreigners Act, 1946 and any other law for the time being in force.",
"name": "Application of other laws not barred",
"related_acts": "216",
"section_id": 8
},
{
"act_id": 182,
"details": "9. Application of Act to Acceding States.- Omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 9
}
],
"text": "An Act to provide for the registration of foreigners in Bangladesh. 1♣ WHEREAS it is expedient to provide for the registration of foreigners entering, being present in, and departing from, Bangladesh. It is hereby enacted as follows:-"
} |
{
"id": 183,
"lower_text": [
"1 Throughout this Act, the word “Bangladesh” was substituted for the word “Pakistan” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Commercial Documents Evidence Act, 1939",
"num_of_sections": 4,
"published_date": "26th September, 1939",
"related_act": [
24,
430,
183
],
"repelled": false,
"sections": [
{
"act_id": 183,
"details": "1. (1) This Act may be called the Commercial Documents Evidence Act, 1939. (2) It extends to the whole of Bangladesh.",
"name": "Short title and extent",
"related_acts": "183",
"section_id": 1
},
{
"act_id": 183,
"details": "2. Notwithstanding anything contained in the Evidence Act, 1872, statements of facts in issue or of relevant facts made in any document included in the Schedule as to matters usually stated in such document shall be themselves relevant facts within the meaning of that Act.",
"name": "Statements of relevant facts in scheduled documents to be themselves relevant facts",
"related_acts": "24",
"section_id": 2
},
{
"act_id": 183,
"details": "3. For the purposes of the Evidence Act, 1872, and notwithstanding anything contained therein, a Court- (a)\tshall presume, within the meaning of that Act, in relation to documents included in Part I of the Schedule, and (b)\tmay presume, within the meaning of that Act, in relation to documents included in Part II of the Schedule- that any document purporting to be a document included in Part I or Part II of the Schedule, as the case may be, and to have been duly made by or under the appropriate authority, was so made and that the statements contained therein are accurate.",
"name": "Presumption as to genuineness of documents",
"related_acts": "24",
"section_id": 3
},
{
"act_id": 183,
"details": "4. In the Schedule the expression “recognised Chamber of Commerce” means a Chamber of Commerce recognised by the Government of its country as being competent to issue certificates of origin, and includes any other association similarly recognised.",
"name": "Definition",
"related_acts": "",
"section_id": 4
}
],
"text": "An Act to amend the Law of Evidence with respect to certain commercial documents. 1♣ WHEREAS it is expedient to amend the Law of Evidence with respect to certain commercial documents; It is hereby enacted as follows:-"
} |
{
"id": 184,
"lower_text": [
"1 Throughout this Act, the words “Bangladesh”, “Government” and “the High Court Division” were substituted for the words “Pakistan”, “Central Government” and “a High Court” or “the High Court” respectively by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The words “or an Additional Judge or a Joint Judge” were omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 Clause (d) was omitted by section 3 and 2nd Schedule of the Central Laws (Statute Reform) Ordinance, 1960 (Ordinance No. XXI of 1960)",
"4 The words “the Supreme Court” were substituted for the words “such High Court” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"5 Sub-section (1) was substituted by section 2 of the Trade Marks (Amendment) Act, 2003 (Act No. XIV of 2003)",
"6 Sub-section (2) was substituted by section 2 of the Trade Marks (Amendment) Act, 2003 (Act No. XIV of 2003)",
"7 The words “already on the register” were substituted for the words, figure and letter “either already on the register or already regis¬tered in any Acceding State or a non Acceding State to which section 82A for the time being applies” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"8 The comma, words, figure and letter “, or from the register of trade marks in any Acceding State or a non-Acceding State to which section 82A for the time being applies” were omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"9 The figure and bracket “(1)” was omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"10 The words, figure and letter “or in any Acceding State or a non-Acceding State to which section 82A for the time being applies” were omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"11 The words, figure and letter “or in any Acceding State or a non-Acceding State to which section 82A for the time being applies” were omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"12 The Explanation was omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"13 The figure and bracket “(1)” was omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"14 The words, figure and letter “or in any Acceding State or a non-Acceding State to which section 82A for the time being applies” were omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"15 The word “Taka” was substituted for the word “rupees” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"16 The words “an Acceding State or” were omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"17 Clause (b) of sub-section 4 was omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"18 The words “Royal Arms or” were omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"19 The words “Royal Arms or” were omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"20 The words “Bangabandhu Sheikh Mujibur Rahman” were substituted for the words “Quaid-i-Azam Mohammad Ali Jinnah” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"21 The words “the Government or any department of the Government” were substituted for the words “His Majesty’s Government or the Central Government or any Provincial Government or any department of any such Government” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"22 The word “or” and clause (c) were added by section 3 of the Trade Marks (Amendment) Ordinance, 1948 (Ordinance No. XXV of 1948), clause (c) was again substituted by section 2 of the Trade Marks (Amendment) Act, 1949 (Act No. III of 1950)",
"23 The words “to the High Court Division” were substituted for the words and commas “to that High Court or, as the case may be, to the High Court within whose jurisdiction that District Court is situated” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"24 Section 74A was inserted by section 12 of the Trade Marks (Amendment) Act, 1943 (Act No. XV of 1943)",
"25 The words “High Court Division” were substituted for the words “that High Court or, as the case may be, to the High Court within whose jurisdiction that District Court is situated” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"26 The words “The Supreme Court” were substituted for the words “a High Court” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"27 The words “the High Court Division” were substituted for the word “it” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"28 Clause (ll) was omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Trade Marks Act, 1940",
"num_of_sections": 90,
"published_date": "11th March, 1940",
"related_act": [
184,
86,
430,
94
],
"repelled": true,
"sections": [
{
"act_id": 184,
"details": "1. (1) This Act may be called the Trade Marks Act, 1940. (2) It extends to the whole of Bangladesh. (3) This section and section 85 shall come into force at once; the remaining provisions of the Act shall come into force on such date as the Government may, by notification in the official Gazette, appoint in this behalf.",
"name": "Short title, extent and commencement",
"related_acts": "184",
"section_id": 1
},
{
"act_id": 184,
"details": "2. (1) In this Act, unless there is anything repugnant in the subject or context,- (a)\t“associated trade marks” means trade marks deemed to be, or required to be registered as, associated trade marks under this Act; (b)\t“certification trade mark” means a mark adapted in relation to any goods to distinguish in the course of trade goods certified by any person in respect of origin, material, mode of manufacture, quality, accuracy or other characteristic, from goods not so certified and registrable as such under the provisions of Chapter VIII in respect of those goods in the name, as proprietor of the certification trade mark, of that person; (c) \t“District Court” means the Court of the District Judge and includes the Court of an Additional District Judge 2* * * ; 3* * * (e) \t“limitations” (with its grammatical variations) means any limitations of the exclusive right to the use of a trade mark given by the registration of a person as proprietor thereof, including limitations of that right as to mode of use, as to use in relation to goods to be sold or otherwise traded in within Bangladesh, or as to use in relation to goods to be exported to any market outside Bangladesh; (f) \t“mark” includes a device, brand, heading, label, ticket, name, signature, word, letter or numeral or any combination thereof; (g) \t“permitted use” means the use of a trade mark by a registered user thereof in relation to goods with which he is connected in the course of trade and in respect of which for the time being the trade mark remains registered and he is registered as a registered user, being use such as to comply with any conditions or restrictions to which his registration is subject; (h) \t“prescribed” means prescribed by rules made, in relation to proceedings before the High Court Division, by 4the Supreme Court, and in other cases, by the Government; (i)\t“registered” (with its grammatical variations) means registered under this Act; (j)\t“registered trade mark” means a trade mark which is actually on the register; (k)\t“registered user” means a person who is for the time being registered as such under section 41; (l)\t“trade mark” means a mark used or proposed to be used in relation to goods for the purpose of indicating or so as to indicate a connection in the course of trade between the goods and some person having the right, either as proprietor or as registered user, to use the mark whether with or without any indication of the identity of that person; (m)\t“transmission” means transmission by operation of law, devolution on the personal representative of a deceased person and any other mode of transfer, not being assignment; (n)\t“tribunal” means the Registrar or, as the case may be, the Court before which the proceeding concerned is pending. (2) References in this Act to the use of a mark shall be construed as references to the use of a printed or other visual representation of the mark, and references herein to the use of a mark in relation to goods shall be construed as references to the use thereof upon, or in any other relation whatsoever to such goods.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 184,
"details": "3. The provisions of this Act shall be in addition to, and not in derogation of the provisions of any other law for the time being in force.",
"name": "Application of other laws not barred",
"related_acts": "",
"section_id": 3
},
{
"act_id": 184,
"details": "4A. Branch of Trade Marks Registry.- Inserted by section 2A of the Trade Marks (Amendment) Act, 1943 (Act No. XV of 1943) and subsequently omitted by section 3 of the Trade Marks (Amendment) Act, 2003 (Act No. XIV of 2003).",
"name": "Omitted.",
"related_acts": "",
"section_id": 4
},
{
"act_id": 184,
"details": "4. 5(1) For the purposes of this Act, there shall be established a Trade Marks Registry which shall be the Trade Marks Registry Wing referred to in sub-section (3) of section 55 of the Patents And Designs Act, 1911 (II of 1911); and a record called the Register of Trade Marks, in this Act referred to as the register, shall be kept thereat wherein shall be entered all registered trade marks with the names, addresses anddescriptions of their proprietors, notifications of assignments and transmissions, the names, addresses and descriptions of registered users, disclaimers, conditions, limitations, and such other matters relating to registered trade marks as may be prescribed, but there shall not be entered in the register any notice of any trust express, implied or constructive, nor shall any such notice be receivable by the Registrar. 6(2) There shall be a Registrar of Trade Marks to be called the Registrar for the purposes of this Act, and the Registrar of Patents, Designs and Trade Marks appointed under sub-section (1) of section 55 of the Patents And Designs Act, 1911 (II of 1911) shall be the Registrar; and subject to the superintendence and direction of the Government, the register shall be kept under the control and management of him. (2A) and (2B) Omitted by section 2 of the Trade Marks (Amendment) Act, 2003 (Act No. XIV of 2003). (3) The register shall at all convenient times be open to the inspection of the public, subject to such conditions and restrictions as may be prescribed. (4) Omitted by section 2 of the Trade Marks (Amendment) Act, 2003 (Act No. XIV of 2003).",
"name": "The register of trade marks",
"related_acts": "94,94",
"section_id": 5
},
{
"act_id": 184,
"details": "5. (1) A trade mark may be registered only in respect of particular goods or classes of goods. (2) Any question arising as to the class within which any goods fall shall be determined by the Registrar whose decision in the matter shall be final.",
"name": "Registration to be in respect of particular goods",
"related_acts": "",
"section_id": 6
},
{
"act_id": 184,
"details": "6. (1) A trade mark shall not be registered unless it contains or consists of at least one of the following essential particulars, namely:- (a)\tthe name of a company, individual, or firm, represented in a special or particular manner; (b)\tthe signature of the applicant for registration or some predecessor in his business; (c) \tone or more invented words; (d) \tone or more words having no direct reference to the character or quality of the goods, and not being according to its ordinary signification, a geographical name or surname or the name of a sect, caste or tribe in Bangladesh; (e)\tany other distinctive mark, provided that a name, signature, or any word, other than such as fall within the descriptions in the above clauses, shall not be registrable except upon evidence of its distinctiveness. (2) For the purposes of this section, the expression “distinctive” means adapted, in relation to the goods in respect of which a trade mark is proposed to be registered, to distinguish goods with which the proprietor of the trade mark is or may be con┬¼nected in the course of trade from goods in the case of which no such connection subsists, either generally or, where the trade mark is proposed to be registered subject to limitations, in rela┬¼tion to use within the extent of the registration. (3) In determining whether a trade mark is adapted to distinguish as aforesaid, the tribunal may have regard to the extent to which┬¼- (a)\tthe trade mark is inherently so adapted to distinguish, and (b)\tby reason of the use of the trade mark or of any other circumstances, the trade mark is in fact so adapted to distinguish: Provided that in the case of a trade mark which has been con┬¼tinuously used (either by the applicant for registration or by some predecessor in his business, and either in its original form or with additions or alterations not substantially affecting its identity) in relation to the same goods as those in relation to which registra┬¼tion is applied for, during a period from a date prior to the 25th day of February, 1937, to the date of application for registration, the Registrar shall not refuse registration by reason only of the fact that the trade mark is not adapted to distinguish as afore┬¼said, and may accept evidence of acquired distinctiveness as entitling the trade mark to registration.",
"name": "Distinctiveness requisite for registration",
"related_acts": "",
"section_id": 7
},
{
"act_id": 184,
"details": "7. (1) A trade mark may be limited wholly or in part to one or more specified colours, and any such limitation shall be taken into consideration by any tribunal having to decide on the distinctive character of the trade mark. (2) So far as a trade mark is registered without limitation of colour it shall be deemed to be registered for all colours.",
"name": "Limitation as to colour",
"related_acts": "",
"section_id": 8
},
{
"act_id": 184,
"details": "8. No trade mark nor part of a trade mark shall be registered which consists of, or contains, any scandalous design, or any matter the use of which would- (a)\tby reason of its being likely to deceive or to cause confusion or otherwise, be disentitled to protection in a Court of justice; or (b) \tbe likely to hurt the religious susceptibilities of any class of the citizens of Bangladesh; or (c) \tbe contrary to any law for the time being in force or to morality.",
"name": "Prohibition of registration of certain matter",
"related_acts": "",
"section_id": 9
},
{
"act_id": 184,
"details": "9. No word which is the commonly used and accepted name of any single chemical element or single chemical compound (as distinguished from a mixture) shall be registered as a trade mark in respect of a chemical substance or preparation, and any such registration shall, notwithstanding anything in section 24, be deemed for the purposes of section 46 to be an entry made in the register without sufficient cause or an entry wrongly remaining on the register, as the circumstances may require: Provided that this section shall not apply to a word which is used to denote only a brand or make of the element or compound as made by the proprietor or a registered user of the trade mark, as distinguished from the element or compound as made by others, and in association with a suitable name or description open to the public use.",
"name": "Use of names of chemical elements barred",
"related_acts": "",
"section_id": 10
},
{
"act_id": 184,
"details": "10. (1) Save as provided in sub section (2), no trade mark shall be registered in respect of any goods or description of goods which is identical with a trade mark belonging to a different proprietor and 7already on the register in respect of the same goods or description of goods or which so nearly resembles such trade mark as to be likely to deceive or cause confusion. (2) In case of honest concurrent use or of other special circumstances which, in the opinion of the Registrar, make it proper so to do he may permit the registration by more than one proprietor of trade marks which are identical or nearly resemble each other in respect of the same goods or description of goods, subject to such conditions and limitations, if any, as the Registrar may think fit to impose. (3) Where separate applications are made by different persons to be registered as proprietors respectively of trade marks which are identical or nearly resemble each other, in respect of the same goods or description of goods, the Registrar may refuse to register any of them until their rights have been determined by a competent Court.",
"name": "Prohibition of registration of identical or similar trade mark",
"related_acts": "",
"section_id": 11
},
{
"act_id": 184,
"details": "11. (1) Where the proprietor of a trade mark claims to be entitled to the exclusive use of any part thereof separately, he may apply to register the whole and the part as separate trade marks. (2) Each such separate trade mark shall satisfy all the conditions applying to, and have all the incidents of, an independent trade mark. (3) Where a person claiming to be the proprietor of several trade marks in respect of the same goods or description of goods which, while resembling each other in the material particulars thereof, yet differ in respect of- (a)\tstatements of the goods in relation to which they are respectively used or proposed to be used; or (b)\tstatements of number, price, quality, or names of places; or (c) \tother matter of a non-distinctive character which does not substantially affect the identity of the trade mark; or (d)\tcolour; seeks to register those trade marks, they may be registered as a series in one registration.",
"name": "Registration of parts of trade marks and of trade marks as a series",
"related_acts": "",
"section_id": 12
},
{
"act_id": 184,
"details": "12. (1) Where a trade mark which is registered, or is the subject of an application for registration, in respect of any goods is identical with another trade mark which is registered, or is the subject of an application for registration, in the name of the same proprietor in respect of the same goods or description of goods, or so nearly resembles it as to be likely to deceive or cause confusion if used by a person other than the proprietor, the Registrar may at any time require that the trade marks shall be entered on the register as associated trade marks. (2) Where a trade mark and any part thereof are, in accordance with the provisions of sub-section (1) of section 11, registered as separate trade marks in the name of the same proprietor, they shall be deemed to be, and shall be registered as, associated trade marks. (3) All trade marks registered in accordance with the provisions of sub section (3) of section 11 as a series in one registration shall be deemed to be, and shall be registered as, associated trade marks. (4) On application made in the prescribed manner by the registered proprietor of two or more trade marks registered as associated trade marks, the Registrar may dissolve the association as respects any of them if he is satisfied that there would be no likelihood of deception or confusion being caused if that trade mark were used by any other person in relation to any of the goods in respect of which it is registered, and may amend the register accordingly.",
"name": "Associated trade marks",
"related_acts": "",
"section_id": 13
},
{
"act_id": 184,
"details": "13. If a trade mark contains¬- (a) \tany part not separately registered as a trade mark in the name of the proprietor, or for the separate registration of which no application has been made, or (b)\tany matter common to the trade, or otherwise of a non-distinctive character, the tribunal, in deciding whether the trade mark shall be entered or shall remain on the register, may require, as a condition of its being on the register, that the proprietor shall either disclaim any right to the exclusive use of such part or of all or any portion of such matter, as the case may be, to the exclusive use of which the tribunal holds him not to be entitled, or make such other disclaimer as the tribunal may consider necessary for the purpose of defining the rights of the proprietor under the registration: Provided that no disclaimer shall affect any rights of the proprietor of a trade mark except such as arise out of the registration of the trade mark in respect of which the disclaimer is made.",
"name": "Registration subject to disclaimer",
"related_acts": "",
"section_id": 14
},
{
"act_id": 184,
"details": "14. (1) Any person claiming to be the proprietor of a trade mark used or proposed to be used by him who is desirous of registering it shall apply in writing to the Registrar in the prescribed manner, and subject to the provisions of this Act, the Registrar may refuse the application or may accept it absolutely or subject to such amendments, modifications, conditions or limitations, if any, as he may think fit. (2) In the case of a refusal or conditional acceptance the Registrar shall, if required by the applicant, state in writing the grounds of his decision and the materials used by him in arriving thereat. (3) The tribunal may at any time, whether before or after acceptance, correct any error in or in connection with the application, or may permit the applicant to amend his application upon such terms as it may think fit.",
"name": "Application for registration",
"related_acts": "",
"section_id": 15
},
{
"act_id": 184,
"details": "15. (1) When an application for registration of a trade mark has been accepted, whether absolutely or subject to conditions or limitations, the Registrar shall, as soon as may be after acceptance, cause the application as accepted, together with the conditions and limitations, if any, subject to which it has been accepted, to be advertised in the prescribed manner: Provided that the Registrar may cause an application to be advertised before acceptance if it relates to a trade mark to which clause (e) of sub section (1) of section 6 applies, or in any other case where it appears to him that it is expedient by reason of any exceptional circumstances so to do, and where an application has been so advertised the Registrar may, if he thinks fit, advertise it again when it has been accepted, but shall not be bound so to do. (2) Any person may, within the prescribed time from the date of the advertisement of an application, give notice in writing in the prescribed manner to the Registrar of opposition to the registration. (3) The Registrar shall serve in the prescribed manner a copy of the notice on the applicant, and within the prescribed time the applicant shall send to the Registrar, in the prescribed manner, a counter statement of the grounds on which he relies for his application, and, if he does not do so, he shall be deemed to have abandoned his application. (4) If the applicant sends such counter statement, the Registrar shall serve in the prescribed manner a copy thereof on the persons giving notice of opposition, and shall, after hearing the parties, if so required, and considering the evidence, decide whether, and subject to what conditions or limitations, if any, registration is to be permitted. (5) If a person giving notice of opposition or an applicant sending a counter statement after receipt of a copy of such notice, or an appellant against an order of the Registrar under section 14 or this section, neither resides nor carries on business in Bangladesh, the tribunal may require him to give security for costs of the proceedings before it, and in default of such security being duly given may treat the opposition or application or appeal, as the case may be, as abandoned.",
"name": "Opposition to registration",
"related_acts": "",
"section_id": 16
},
{
"act_id": 184,
"details": "16. (1) When an application for registration of a trade mark has been accepted and either has not been opposed and the time for notice of opposition has expired, or having been opposed, has been decided in favour of the applicant, the Registrar shall, unless the application has been accepted in error, or unless the Government otherwise directs, register the said trade mark, and the trade mark, when registered, shall be registered as of the date of the making of the said application, and that date shall, subject to any directions made under section 83 applicable to such trade mark, be deemed for the purposes of this Act to be the date of registration. (2) On the registration of a trade mark the Registrar shall issue to the applicant a certificate in the prescribed form of the registration thereof sealed with the seal of the Trade Marks Registry. (3) Where registration of a trade mark is not completed within twelve months from the date of the application by reason of default on the part of the applicant, the Registrar may, after giving notice to the applicant in the prescribed manner, treat the application as abandoned unless it is completed within the time specified in that behalf in the notice.",
"name": "Registration",
"related_acts": "",
"section_id": 17
},
{
"act_id": 184,
"details": "17. (1) Save as provided in sub section (2), nothing in this Act shall authorise the registration of two or more persons who use a trade mark independently, or propose so to use it, as joint proprietors thereof. (2) Where the relations between two or more persons interested in a trade mark are such that no one of them is entitled as between himself and the other or others of them to use it except- (a)\ton behalf of both or all of them, or (b) \tin relation to an article with which both or all of them are connected in the course of trade, those persons may be registered as joint proprietors of the trade mark, and this Act shall have effect in relation to any rights to the use of the trade mark vested in those persons as if those rights had been vested in a single person.",
"name": "Jointly owned trade marks",
"related_acts": "",
"section_id": 18
},
{
"act_id": 184,
"details": "18. (1) The registration of a trade mark shall be for a period of seven years, but may be renewed from time to time in accordance with the provisions of this section. (2) The Registrar shall, on application made by the registered proprietor of a trade mark in the prescribed manner and within the prescribed period, renew the registration of the trade mark for a period of fifteen years from the date of expiration of the original registration or of the last renewal of registration, as the case may be (which date is in this section referred to as “the expiration of the last registration”). (3) At the prescribed time before the expiration of the last registration of a trade mark, the Registrar shall send notice in the prescribed manner to the registered proprietor of the date of expiration and the conditions as to payment of fees and otherwise upon which a renewal of registration may be obtained, and if at the expiration of the time prescribed in that behalf those conditions have not been duly complied with, the Registrar may remove the trade mark from the register, subject to such conditions (if any) as to its restoration to the register as may be prescribed.",
"name": "Duration and renewal of registration",
"related_acts": "",
"section_id": 19
},
{
"act_id": 184,
"details": "19. Where a trade mark has been removed from the register under this Act 8* * * for failure to pay the fee for renewal, it shall nevertheless, for the purpose of any application for the registration of another trade mark during one year next after the date of the removal, be deemed to be a trade mark already on the register, unless the tribunal is satisfied either- (a)\tthat there has been no bona fide trade use of the trade mark which has been removed during the two years immediately preceding its removal; or (b)\tthat no deception or confusion would be likely to arise from the use of the trade mark which is the subject of the application for registration by reason of any previous use of the trade mark which has been removed.",
"name": "Effect of removal from register for failure to pay fee for renewal",
"related_acts": "",
"section_id": 20
},
{
"act_id": 184,
"details": "20. (1) No person shall be entitled to institute any proceeding to prevent, or to recover damages for, the infringement of an unregistered trade mark unless such trade mark has been continuously in use since before the 25th day of February, 1937, by such person or by a predecessor in title of his and unless an application for its registration, made within five years from the commencement of this Act, has been refused; and the Registrar shall, on application in the prescribed manner, grant a certificate that such application has been refused. (2) Nothing in this Act shall be deemed to affect rights of action against any person for passing off goods as the goods of another person or the remedies in respect thereof.",
"name": "No action for infringement of unregistered trade mark",
"related_acts": "",
"section_id": 21
},
{
"act_id": 184,
"details": "21. 9* * * Subject to the provisions of sections 22, 25 and 26, the registration of a person in the register as proprietor of a trade mark in respect of any goods shall give to that person the exclusive right to the use of the trade mark in relation to those goods and, without prejudice to the generality of the fore¬going provision, that right shall be deemed to be infringed by any person who, not being the proprietor of the trade mark or a registered user thereof using by way of the permitted use, uses a mark identical with it or so nearly resembling it as to be likely to deceive or cause confusion, in the course of trade, in relation to any goods in respect of which it is registered, and in such manner as to render the use of the mark likely to be taken either- (a)\tas being used as a trade mark; or (b) \tto import a reference to some person having the right either as a proprietor or as registered user to use the trade mark or to goods with which such a person as aforesaid is connected in the course of trade. (2) Omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Right conferred by registration",
"related_acts": "430",
"section_id": 22
},
{
"act_id": 184,
"details": "22. (1) The right to the use of a trade mark given under section 21 by registration shall be subject to any conditions or limitations entered on the register, and shall not be deemed to be infringed by the use of any such mark as aforesaid in any mode, in relation to goods to be sold or otherwise traded in, in any place, or in relation to goods to be exported to any market, or in any other circumstances, to which, having regard to any such limitations the registration does not extend. (2) The said right to the use of a trade mark shall not be deemed to be infringed by the use of any such mark as aforesaid by any person- (a)\tin relation to goods connected in the course of trade with the proprietor or a registered user of the trade mark if, as to those goods or a bulk of which they form part, the proprietor or the registered user conforming to the permitted use has applied the trade mark and has not subsequently removed or obliterated it, or has at any time expressly or impliedly consented to the use of the trade mark; or (b) \tin relation to goods adapted to form part of, or to be accessory to, other goods in relation to which the trade mark has been used without infringement of the right given as aforesaid or might for the time being be so used, if the use of the mark is reasonably necessary in order to indicate that the goods are so adapted and neither the purpose nor the effect of the use of the mark is to indicate otherwise than in accordance with the fact a connection in the course of trade between any person and the goods. (3) The use of a registered trade mark, being one of two or more trade marks registered under this Act 10* * * which are identical or nearly resemble each other, in exercise of the right to the use of that trade mark given by registration as aforesaid, shall not be deemed to be an infringement of the right so given to the use of any other of those trade marks.",
"name": "No infringement in certain circumstances",
"related_acts": "",
"section_id": 23
},
{
"act_id": 184,
"details": "23. In all legal proceedings relating to a trade mark registered under this Act 11* * * the fact that a person is registered as proprietor thereof shall be prima facie evidence of the validity of the original registration of the trade mark and of all subsequent assignments and transmissions thereof.",
"name": "Registration to be prima facie evidence of validity",
"related_acts": "",
"section_id": 24
},
{
"act_id": 184,
"details": "24. In all legal proceedings relating to a registered trade mark, the original registration of the trade mark shall after the expiration of seven years from the date of such original registration be taken to be valid in all respects unless such registration was obtained by fraud, or unless the trade mark offends against the provisions of section 8.",
"name": "Registration to be conclusive as to validity after seven years",
"related_acts": "",
"section_id": 25
},
{
"act_id": 184,
"details": "25. Nothing in this Act, shall entitle the proprietor or a registered user of a registered trade mark to interfere with or restrain the use by any person of a trade mark identical with or nearly resembling it in relation to goods in relation to which that person or a predecessor in title of his has continuously used that trade mark from a date prior- (a)\tto the use of the first mentioned trade mark in relation to those goods by the proprietor or a predecessor in title of his, or (b) \tto the registration of the first mentioned trade mark in respect of those goods in the name of the proprietor or a predecessor in title of his, whichever is the earlier, or to object (on such use being proved) to registration of that identical or nearly resembling trade mark in respect of those goods under sub section (2) of section 10.",
"name": "Saving for vested rights",
"related_acts": "",
"section_id": 26
},
{
"act_id": 184,
"details": "26. No registration of a trade mark shall interfere with any bona fide use by a person of his own name or that of his place of business, or of the name, or of the name of the place of business, of any of his predecessors in business, or the use by any person of any bona fide description of the character or quality of his goods, not being a description that would be likely to be taken as importing any such reference as is mentioned in clause (b) of section 21 or in clause (b) of section 57.",
"name": "Saving for use of name, address, or description of goods",
"related_acts": "",
"section_id": 27
},
{
"act_id": 184,
"details": "27. (1) The registration of a trade mark shall not be deemed to have become invalid by reason only of any use after the date of the registration of any words which the trade mark contains or of which it consists as the name or description of an article or substance: Provided that, if it is proved either- (a)\tthat there is a well known and established use of the said words as the name or description of the article or substance by a person or persons carrying on a trade therein, not being use in relation to goods connected in the course of trade with the proprietor or a registered user of the trade mark or (in the case of a certification trade mark) goods certified by the proprietor; or (b)\tthat the article or substance has been manufactured under a patent in force at or granted after the commencement of this section, that a period of two years or more after the cesser of the patent has elapsed, and that the said words are the only practicable name or description of the article or substance,- the provisions of sub section (2) shall apply. (2) Where the facts mentioned in clause (a) or clause (b) of the proviso to sub section (1) are proved with respect to any words, then- (a)\tfor the purposes of any proceedings under section 46- (i)\tif the trade mark consists solely of such words, the registration of the trade mark, so far as regards registration in respect of the article or substance in question or of any goods of the same description, shall be deemed to be an entry wrongly remaining on the register; (ii) \tif the trade mark contains such words and other matter, the tribunal, in deciding whether the trade mark shall remain on the register, so far as regards registration in respect of the article or substance in question and of any goods of the same description, may, in case of a decision in favour of its remaining on the register, require as a condition thereof that the proprietor shall disclaim any right to the exclusive use in relation to that article or substance and any goods of the same description, of such words, provided that no disclaimer shall affect any rights of the proprietor of a trade mark except such as arise out of the registration of the trade mark in respect of which the disclaimer is made; (b) \tfor the purposes of any other legal proceedings relating to the trade mark,- (i) \tif the trade mark consists solely of such words, all rights of the proprietor under this Act or any other law to the exclusive use of the trade mark in relation to the article or substance in question or to any goods of the same description, or (ii)\tif the trade mark contains such words and other matter, all such rights of the proprietor to the exclusive use of such words, in such relation as aforesaid, shall be deemed to have ceased on the date at which the use men¬tioned in clause (a) of the proviso to sub section (1) first became well known and established, or at the expiration of the period of two years mentioned in clause (b) of the said proviso.",
"name": "Words used as name or description of an article or substance",
"related_acts": "",
"section_id": 28
},
{
"act_id": 184,
"details": "28. The person for the time being entered in the register as proprietor of a trade mark shall, subject to the provisions of this Act and to any rights appearing from the register to be vested in any other person, have power to assign the trade mark, and to give effectual receipts for any consideration for such assignment.",
"name": "Power of registered proprietor to assign and give receipts",
"related_acts": "",
"section_id": 29
},
{
"act_id": 184,
"details": "29. Notwithstanding anything in any other law to the contrary, a registered trade mark shall, subject to the provisions of this Chapter, be assignable and transmissible whether in connection with the goodwill of a business or not, and in respect either of all of the goods in respect of which it is registered or of some only of those goods.",
"name": "Assignability of registered trade marks",
"related_acts": "",
"section_id": 30
},
{
"act_id": 184,
"details": "30. An unregistered trade mark shall be assignable and transmissible whether in connection with the goodwill of a business or not: Provided that, except in connection with the goodwill of a business, assignment or transmission shall be permissible only if¬- (a) \tat the time of assignment or transmission of the un¬registered trade mark it is used in the same business as a registered trade mark, and (b)\tthe registered trade mark is assigned or transmitted at the same time and to the same person as the un¬registered trade mark, and (c) \tthe unregistered trade mark relates to goods in respect of which the registered trade mark is assigned or transmitted.",
"name": "Assignability of unregistered trade marks",
"related_acts": "",
"section_id": 31
},
{
"act_id": 184,
"details": "31. (1) Notwithstanding anything in sections 29 and 30, a trade mark shall not be assignable or transmissible in a case in which as a result of the assignment or transmission there would in the circumstances subsist, whether under this Act or any other law, exclusive rights in more than one of the persons concerned to the use, in relation to the same goods or description of goods, of trade marks nearly resembling each other or of identical trade marks, if, having regard to the si¬milarity of the goods and of the trade marks, the use of the trade marks in exercise of those rights would be likely to deceive or cause confusion: Provided that an assignment or transmission shall not be deemed to be invalid under this sub section if the exclusive rights subsisting as a result thereof in the persons concerned respectively are, having regard to limitations imposed thereon, such as not to be exercisable by two or more of those persons in relation to goods to be sold, or otherwise traded in, within Bangladesh (otherwise than for export therefrom), or in relation to goods to be exported to the same market outside Bangladesh. (2) The proprietor of a registered trade mark who proposes to assign it may submit to the Registrar in the prescribed manner a statement of case setting out the circumstances and the Registrar may issue to him a certificate stating whether, having regard to the similarity of the goods and of the trade marks referred to in the case, the proposed assignment would or would not be invalid under sub section (1), and a certificate so issued shall, subject to appeal and unless it is shown that the certificate was obtained by fraud or misrepresentation, be conclusive as to the validity or invalidity under sub section (1) of the assignment in so far as such validity or invalidity depends upon the facts set out in the case, but, as regards a certificate in favour of validity, only if application for the registration under section 35 of the title of the person becoming entitled is made within six months from the date on which the certificate is issued.",
"name": "Restrictions on assignment or transmission where multiple exclusive rights would be created",
"related_acts": "",
"section_id": 32
},
{
"act_id": 184,
"details": "32. Notwithstanding anything in sections 29 and 30, a trade mark shall not be assignable or transmissible in a case in which as a result of the assignment or transmission there would in the circumstances subsist whether under this Act or any other law, an exclusive right in one of the persons concerned to the use of the trade mark limited to use in relation to goods to be sold, or otherwise traded in, in any place in Bangladesh and an exclusive right in another of these persons to the use of a trade mark nearly resembling the first mentioned trade mark or of an identical trade mark in relation to the same goods or description of goods limited to use in relation to goods to be sold, or otherwise traded in, in any other place in Bangladesh: Provided that in any such case, on application in the prescribed manner by the proprietor of a trade mark who proposes to assign it, or by a person who claims that a registered trade mark has been transmitted to him or to a predecessor in title of his since the commencement of this Act, the Registrar, if he is satisfied that in all the circumstances the use of the trade mark in exercise of the said rights would not be contrary to the public interest, may approve the assignment or transmission, and an assignment or transmission so approved shall not, unless it is shown that the approval was obtained by fraud or misrepresentation, be deemed to be invalid under this section or section 31 if application for the registration under section 35 of the title of the person becoming entitled is made within six months from the date on which the approval is given or, in the case of a transmission, was made before that date.",
"name": "Restrictions on assignment or transmission when exclusive rights would be created in different parts of Bangladesh",
"related_acts": "",
"section_id": 33
},
{
"act_id": 184,
"details": "33. Where an assignment in respect of any goods of a trade mark which is at the time of the assignment used in a business in those goods, is made after the commencement of this Act otherwise than in connection with the goodwill of that business, the assignment shall not take effect unless the assignee, not later than the expiration of six months from the date on which the assignment is made or within such extended period, if any, as the Registrar may allow, applies to the Registrar for directions with respect to the advertisement of the assignment, and advertises it in such form and manner and within such period as the Registrar may direct.",
"name": "Conditions for assignment otherwise than in connection with the goodwill of a business",
"related_acts": "",
"section_id": 34
},
{
"act_id": 184,
"details": "34. (1) A certification trade mark shall not be assignable or transmissible otherwise than with the consent of the Government, for which application shall be made in writing in the prescribed manner through the Registrar. (2) Associated trade marks shall be assignable and transmissible only as a whole and not separately.",
"name": "Conditions for assignment and transmission of certification trade marks and associated trade marks",
"related_acts": "",
"section_id": 35
},
{
"act_id": 184,
"details": "35. (1) Where a person becomes entitled by assignment or transmission to a registered trade mark, he shall apply in the prescribed manner to the Registrar to register his title, and the Registrar shall on receipt of the application and on proof of title to his satisfaction, register him as the proprietor of the trade mark in respect of the goods in respect of which the assignment or transmission has effect, and shall cause particulars of the assignment or transmission to be entered on the register. (2) Except for the purposes of an appeal against a decision of the Registrar under sub section (1) or of an application under section 46, a document or instrument in respect of which no entry has been made in the register in accordance with sub-section (1) shall not be admitted in evidence before any tribunal in proof of the title to a trade mark unless the tribunal otherwise directs.",
"name": "Registration of assignments and transmissions",
"related_acts": "",
"section_id": 36
},
{
"act_id": 184,
"details": "36. (1) No application for the registration of a trademark in respect of any goods shall be refused, nor shall permission for such registration be withheld, on the ground only that it appears that the applicant does not use or propose to use the trade mark, if the Registrar is satisfied that a company is about to be formed and registered under the Companies Act, 1913 and that the applicant intends to assign the trade mark to that company with a view to the use thereof in relation to those goods by the company. (2) The tribunal may, in a case to which sub section (1) applies, require the applicant to give security for the costs of any proceed¬ings relative to any opposition or appeal, and in default of such security being duly given may treat the application as abandoned. (3) Where in a case to which sub section (1) applies, a trade mark in respect of any goods is registered in the name of an applicant who relies on intention to assign to a company, then, unless within such period as may be prescribed, or within such further period not exceeding six months as the Registrar may, on application being made to him in the prescribed manner, allow, the company has been registered as the proprietor of the trade mark in respect of those goods, the registration shall cease to have effect in respect thereof at the expiration of that period, and the Registrar shall amend the register accordingly.",
"name": "Proposed use of trade mark by company to be formed",
"related_acts": "",
"section_id": 37
},
{
"act_id": 184,
"details": "37. (1) Subject to the provisions of section 38, a registered trade mark may be taken off the register in respect of any of the goods in respect of which it is registered on application in the prescribed manner by any person aggrieved to the High Court Division or to the Registrar, on the ground either (a)\tthat the trade mark was registered without any bona fide intention on the part of the applicant for regis¬tration that it should be used in relation to those goods by him or, in a case to which the provisions of section 36 apply, by the company concerned, and that there has in fact been no bona fide use of the trade mark in relation to those goods by any proprietor thereof for the time being up to a date one month before the date of the application; or (b)\tthat up to a date one month before the date of the application, a continuous period of five years or longer elapsed during which the trade mark was registered and during which there was no bona fide use thereof in relation to those goods by any proprietor thereof for the time being: Provided that, except where the applicant has been permitted under sub section (2) of section 10 to register an identical or nearly resembling trade mark in respect of the goods in question or where the tribunal is of opinion that he might properly be permitted so to register such a trade mark, the tribunal may refuse an application made under clause (a) or clause (b) in relation to any goods, if it is shown that there has been, before the relevant date or during the relevant period, as the case may be, bona fide use of the trade mark by any proprietor thereof for the time being in relation to goods of the same description, being goods in respect of which the trade mark is registered. (2) Where in relation to any goods in respect of which a trade mark is registered- (a)\tthe circumstances referred to in clause (b) of sub-section (1) are shown to exist so far as regards non-use of the trade mark in relation to goods to be sold, or otherwise traded in, in a particular place in Bangladesh (otherwise than for export from Bangladesh), or in relation to goods to be exported to a particular market outside Bangladesh; and (b)\ta person has been permitted under sub section (2) of section 10 to register an identical or nearly resembling trade mark in respect of those goods under a registration extending to use in relation to goods to be so sold, or otherwise traded in, or in relation to goods to be so exported, or the tribunal is of opinion that he might properly be permitted so to register such a trade mark, on application by that person in the prescribed manner to the High Court Division or to the Registrar, the tribunal may impose on the registration of the first mentioned trade mark such limitations as it thinks proper for securing that that registration shall cease to extend to such use. (3) An applicant shall not be entitled to rely for the purpose of clause (b) of sub section (1) or of sub section (2) on any non-use of a trade mark which is shown to have been due to special circumstances in the trade and not to any intention to abandon or not to use the trade mark in relation to the goods to which the application relates.",
"name": "Removal from register and imposition of limitations on ground of non use",
"related_acts": "",
"section_id": 38
},
{
"act_id": 184,
"details": "38. (1) Where a trade mark consisting of any invented word has become so well known as respects any goods in relation to which it is registered and has been used, that the use thereof in relation to other goods would be likely to be taken as indicating a connection in the course of trade between those goods and a person entitled to use the trade mark in relation to the first-mentioned goods, then, notwithstanding that the proprietor registered in respect of the first mentioned goods does not use or propose to use the trade mark in relation to those other goods and notwithstanding anything in section 37, the trade mark may on application in the prescribed manner by such proprietor be registered in his name in respect of those other goods as a defensive trade mark and, while so registered, shall not be liable to be taken off the register in respect of those goods under the said section. (2) The registered proprietor of a trade mark may apply for the registration thereof in respect of any goods as a defensive trade mark notwithstanding that it is already registered in his name in respect of those goods otherwise than as a defensive trade mark, or may apply for the registration thereof in respect of any goods otherwise than as a defensive trade mark notwithstand¬ing that it is already registered in his name in respect of those goods as a defensive trade mark, in lieu in each case of the existing registration. (3) A trade mark registered as a defensive trade mark and that trade mark as otherwise registered in the name of the same proprietor shall, notwithstanding that the respective registrations are in respect of different goods, be deemed to be, and shall be registered as, associated trade marks. (4) On application in the prescribed manner by any person aggrieved to the High Court Division or to the Registrar, the registration of a trade mark as a defensive trade mark may be cancelled on the ground that the requirements of sub section (1) are no longer satisfied in respect of any goods in relation to which the trade mark is registered in the name of the same proprietor otherwise than as a defensive trade mark, or may be cancelled as respects any goods in relation to which it is registered as a defensive trade mark on the ground that there is no longer any likelihood that the use of the trade mark in relation to those goods would be taken as giving the indication mentioned in sub section (1). (5) The Registrar may at any time cancel the registration as a defensive trade mark of a trade mark of which there is no longer any registration in the name of the same proprietor otherwise than as a defensive trade mark. (6) Except as otherwise expressly provided in this section, the provisions of this Act shall apply in respect of the registration of trade marks as defensive trade marks and of trade marks so registered as they apply in other cases.",
"name": "Defensive registration of well known trade marks",
"related_acts": "",
"section_id": 39
},
{
"act_id": 184,
"details": "39. (1) A person other than the proprietor of a trade mark may be registered as a registered user thereof in respect of all or any of the goods in respect of which it is registered (otherwise than as a defensive trade mark) and either with or without conditions or restrictions. (2) The permitted use of a trade mark shall be deemed to be used by the proprietor thereof, and shall be deemed not to be used by a person other than the proprietor, for any purpose for which such use is material under this Act or any other law.",
"name": "Registered users",
"related_acts": "",
"section_id": 40
},
{
"act_id": 184,
"details": "40. (1) Subject to any agreement subsisting between the parties, a registered user of a trade mark shall be entitled to call upon the proprietor thereof to take proceedings to prevent infringement thereof, and if the proprietor refuses or neglects to do so within three months after being so called upon, the registered user may institute proceedings for infringement in his own name as if he were the proprietor, making the proprietor a defendant. (2) Notwithstanding anything contained in any other law, a proprietor so added as defendant shall not be liable for any costs unless he enters an appearance and takes part in the proceedings.",
"name": "Power of registered user to take proceedings against infringement",
"related_acts": "",
"section_id": 41
},
{
"act_id": 184,
"details": "41. (1) Where it is proposed that a person should be registered as a registered user of a trade mark, the proprietor and the proposed registered user shall make application in writing to the Registrar in the prescribed manner accompanied by an affidavit made by the proprietor, or by some person authorised to the satisfaction of the Registrar to act on his behalf,- (a)\tgiving particulars of the relationship, existing or proposed, between the proprietor and the proposed regis¬tered user, including particulars showing the degree of control by the proprietor over the permitted use which their relationship will confer and whether it is a term of their relationship that the proposed regis¬tered user shall be the sole registered user or that there shall be any other restriction as to persons for whose registration as registered users application may be made; (b)\tstating the goods in respect of which registration is proposed; (c)\tstating any conditions or restrictions proposed with respect to the characteristics of the goods, to the mode or place of permitted use, or to any other matter; (d)\tstating whether the permitted use is to be for a period or without limit of period, and, if for a period, the duration thereof; and by such further documents, information or evidence as may be required by the Registrar or as may be prescribed. (2) When the requirements of sub section (1) have been com¬plied with, if the Registrar is satisfied that in all the circumstances the use of the trade mark in respect of the proposed goods or any of them by the proposed registered user subject to any conditions or restrictions which the Registrar may think proper, would not be contrary to the public interest, the Registrar may register, subject as aforesaid, the proposed registered user as a registered user in respect of the goods as to which he is so satisfied. (3) The Registrar shall refuse an application under this section if it appears to him that the grant thereof would tend to facilitate trafficking in a trade mark. (4) The Registrar shall, if so requested by an applicant, take steps for securing that information given for the purposes of an application under this section (other than matter entered in the register) is not disclosed to rivals in trade. (5) The Registrar shall issue notice in the prescribed manner¬- (a)\tof the registration of a person as a registered user, to any other registered user of the trade mark; (b)\tof an application under section 42, to the registered proprietor, and each registered user (not being the applicant) of the trade mark.",
"name": "Application for registration as registered user",
"related_acts": "",
"section_id": 42
},
{
"act_id": 184,
"details": "42. Without prejudice to the provisions of section 46, the registration of a person as a registered user- (a)\tmay be varied by the Registrar as regards the goods in respect of which, or any conditions or restrictions subject to which, it has effect, on the application in writing in the prescribed manner of the registered proprietor of the trade mark; (b)\tmay be cancelled by the Registrar on the application in writing in the prescribed manner of the registered proprietor or of the registered user or of any other registered user of the trade mark; (c)\tmay be cancelled by the Registrar on the application in writing in the prescribed manner of any person on any of the following grounds, namely:- (i) \tthat the registered user has used the trade mark otherwise than by way of the permitted use, or in such a way as to cause or to be likely to cause, deception or confusion; (ii)\tthat the proprietor or the registered user misrepresented, or failed to disclose, some fact material to the application for the registration, or that the circumstances have materially changed since the date of the registration; (iii)\tthat the registration ought not to have been effected having regard to rights vested in the applicant by virtue of a contract in the performance of which he is interested; (d)\tmay be cancelled by the Registrar in respect of any goods in relation to which the trade mark is no longer registered.",
"name": "Power to Registrar to vary or cancel registration as registered user",
"related_acts": "",
"section_id": 43
},
{
"act_id": 184,
"details": "43. Nothing in this Act shall confer on a registered user of a trade mark any assignable or transmissible right to the use thereof.",
"name": "Registered user not to have right of assignment or transmission",
"related_acts": "",
"section_id": 44
},
{
"act_id": 184,
"details": "44. (1) Where under the provisions of this Act use of a registered trade mark is required to be proved for any purpose, the tribunal may, if and so far as it shall think right, accept use of a registered associated trade mark, or of the trade mark with additions or alterations not substantially affecting its identity, as an equivalent for the use required to be proved. (2) The use of the whole of a registered trade mark shall for the purposes of this Act be deemed to be also a use of any trade mark being a part thereof and registered in accordance with sub section (1) of section 11 in the name of the same proprietor.",
"name": "Use of one of associated or substantially identical trade marks equivalent to use of another",
"related_acts": "",
"section_id": 45
},
{
"act_id": 184,
"details": "45. (1) The application in Bangladesh of a trade mark to goods to be exported from Bangladesh and any other act done in Bangladesh in relation to goods to be so exported which, if done in relation to goods to be sold or otherwise traded in within Bangladesh would constitute use of a trade mark therein, shall be deemed to constitute use of the trade mark in relation to those goods for any purpose for which such use is material under this Act or any other law. (2) The use of a registered trade mark in relation to goods between which and the person using the mark any form of connection in the course of trade subsists shall not be deemed to be likely to cause deception or confusion on the ground only that the mark has been or is used in relation to goods between which and the person using the mark or any predecessor in his business diffe¬rent form of connection in the course of trade subsisted or subsists.",
"name": "Use of trade mark for export trade, and use when form of trade connection changes",
"related_acts": "",
"section_id": 46
},
{
"act_id": 184,
"details": "46. (1) On application in the prescribed manner by any person aggrieved to the High Court Division or to the Registrar, the tribunal may make such order as it may think fit for cancelling or varying the registration of a trade mark on the ground of any contravention of, or failure to observe a condition entered on the register in relation thereto. (2) Any person aggrieved by the absence or omission from the register of any entry, or by any entry made in the register without sufficient cause, or by any entry wrongly remaining on the register, or by any error or defect in any entry in the register, may apply in the prescribed manner to the High Court Division or to the Registrar, and the tribunal may make such order for making, expunging or varying the entry as it may think fit. 12* * * (3) The tribunal may in any proceeding under this section decide any question that it may be necessary or expedient to decide in connection with the rectification of the register. (4) The High Court Division or the Registrar, of its or his own motion, may, after giving notice in the prescribed manner to the parties concerned and after giving them an opportunity of being heard, make any order referred to in sub section (1) or sub section (2). (5) Any order of the Court rectifying the register shall direct that notice of the rectification shall be served upon the Registrar in the prescribed manner who shall upon receipt of such notice rectify the register accordingly.",
"name": "Power to cancel or vary registration and to rectify the register",
"related_acts": "",
"section_id": 47
},
{
"act_id": 184,
"details": "47. (1) The Registrar may, on application made in the prescribed manner by the registered proprietor, (a)\tcorrect any error in the name, address or description of the registered proprietor of a trade mark; (b)\tenter any change in the name, address or description of the person who is registered as proprietor of a trade mark; (c)\tcancel the entry of a trade mark on the register; (d)\tstrike out any goods or classes of goods from those in respect of which a trade mark is registered; (e) \tenter a disclaimer or memorandum relating to a trade mark which does not in any way extend the rights given by the existing registration of the trade mark. (2) The Registrar may, on application made in the prescribed manner by a registered user of a trade mark, correct any error, or enter any change, in the name, address or description of the registered user.",
"name": "Correction of register",
"related_acts": "",
"section_id": 48
},
{
"act_id": 184,
"details": "48. (1) The registered proprietor of a trade mark may apply in the prescribed manner to the Registrar for leave to add to or alter the trade mark in any manner not substantially affecting the identity thereof, and the Registrar may refuse leave or may grant it on such terms and subject to such limitations as he may think fit. (2) The Registrar may cause an application under this section to be advertised in the prescribed manner in any case where it appears to him that it is expedient so to do, and where he does so, if within the prescribed time from the date of the advertisement any person gives notice to the Registrar in the prescribed manner of opposition to the application, the Registrar shall, after hearing the parties if so required, decide the matter. (3) Where leave is granted under this section, the trade mark as altered shall be advertised in the prescribed manner, unless the application has already been advertised under sub-section (2).",
"name": "Alteration of registered trade mark",
"related_acts": "",
"section_id": 49
},
{
"act_id": 184,
"details": "49. (1) The Registrar shall not, in exercise of any power conferred on him under clause (a) of sub-section (2) of section 84, make any amendment of the register which would have the effect of adding any goods or classes of goods to those in respect of which a trade mark is registered (whether in one or more classes) immediately before the amendment is to be made or of antedating the registration of a trade mark in respect of any goods: Provided that this sub-section shall not apply when the Registrar is satisfied that compliance therewith would involve undue complexity and that the addition or antedating, as the case may be, would not affect any substantial quantity of goods and would not substantially prejudice the rights of any person. (2) A proposal so to amend the register shall be notified to the registered proprietor of the trade mark affected and advertised in the prescribed manner, and may be opposed before the Registrar by any person aggrieved on the ground that the proposed amendment contravenes the provisions of sub-section (1).",
"name": "Adaptation of entries in register to amended or substituted classification of goods",
"related_acts": "",
"section_id": 50
},
{
"act_id": 184,
"details": "50. Subject to the provisions of this Chapter, the other provisions of this Act except sections 6, 21, 22, 31, 32, 33, 36, 37, 38, 39, 40, 41, 42 and 43 and sub section (2) of section 45 shall apply to certification trade marks as they apply to trade marks.",
"name": "Provisions of this Act applicable to certification trade marks",
"related_acts": "",
"section_id": 51
},
{
"act_id": 184,
"details": "51. A mark shall not be registrable as a certification trade mark in the name of a person who carries on a trade in goods of the kind certified.",
"name": "Certification trade mark not to be registered in name of person trading in goods certified thereby",
"related_acts": "",
"section_id": 52
},
{
"act_id": 184,
"details": "52. In determining whether a mark is adapted to distinguish in accordance with the provisions of clause (b) of sub section (1) of section 2, the tribunal may have regard to the extent to which- (a)\tthe mark is inherently so adapted to distinguish in relation to the goods in question; and (b)\tby reason of the use of the mark or of any other circumstances, the mark is in fact so adapted to distinguish in relation to the goods in question.",
"name": "Determination whether a mark is a certification trade mark",
"related_acts": "",
"section_id": 53
},
{
"act_id": 184,
"details": "53. (1) An application for the registration of a mark as a certification trade mark shall be made to the Registrar in writing in the prescribed manner by the person proposed to be registered as the proprietor thereof, and accompanied by a draft of the regulations to be deposited under section 56. (2) The provisions of section 14 shall have effect in relation to an application under this section as they have effect in relation to an application under the said section, except that for references therein to acceptance of an application there shall be substituted references to authorisation to proceed with the application. (3) In dealing under the said provisions with an application under this section, the tribunal shall have regard to the like con¬siderations, so far as relevant, as if the application were an appli¬cation under section 14 and to any other considerations (not being matters within the competence of the Government under section 54) relevant to applications under this section, including the desirability of securing that a certification trade mark shall comprise some indication that it is a certification trade mark.",
"name": "Application for registration",
"related_acts": "",
"section_id": 54
},
{
"act_id": 184,
"details": "54. When authorisation to proceed with an application under section 53 has been given, the Registrar shall forward the application to the Government who shall consider the application with regard to the following matters, namely: (a)\twhether the applicant is competent to certify the goods¬ in respect of which the mark is to be registered; (b) \twhether the draft of the regulations to be deposited under section 56 is satisfactory; (c) \twhether in all the circumstances the registration applied for would be to the public advantage; and may either (i)\tdirect that the application shall not be accepted; or (ii)\tdirect the Registrar to accept the application and approve the said draft of the regulations either without modification and unconditionally or subject to any conditions or limitations, or to any amendments or modification of the application or of the regulations, which it thinks requisite having regard to any of the said matters; but, except in the case of a direction for acceptance and approval without modification and unconditionally, the Government shall not decide the matter without giving to the applicant an opportunity of being heard: Provided that the Government may, at the request of the applicant made with the concurrence of the Registrar, consider the application with regard to any of the said matters before authorisation to proceed with the application has been given, so however that the Government shall be at liberty to reconsider any matter on which it has given a decision under this proviso if any amendment or modification is thereafter made in the application or in the draft of the regulations.",
"name": "Consideration of application for registration by Government",
"related_acts": "",
"section_id": 55
},
{
"act_id": 184,
"details": "55. (1) When an application has been accepted, the Registrar shall, as soon as may be thereafter, cause the application as accepted to be advertised in the prescribed manner, and the pro¬visions of section 15 shall have effect in relation to the registration of the mark as if the application had been an application under section 14: Provided that, in deciding under the said provisions the tribu¬nal shall have regard only to the considerations referred to in sub section (3) of section 53, and a decision under the said pro¬visions in favour of the applicant shall be conditional on the determination in his favour by the Government under sub section (2) of this section of any opposition relating to any of the matters referred to in section 54. (2) When notice of opposition is given relating to any of the matters referred to in section 54, the Government shall, after hearing the parties, if so required, and considering any evidence, decide whether, and subject to what conditions or limitations, or amendments or modifications, if any, of the application or of the regulations to be deposited under section 56, registration is, having regard to those matters, to be permitted.",
"name": "Opposition to registration",
"related_acts": "",
"section_id": 56
},
{
"act_id": 184,
"details": "56. (1) There shall be deposited at the Trade Marks Registry in respect of every mark registered as a certification trade mark regulations approved by the Government for governing the use thereof, which shall include provisions as to the cases in which the proprietor is to certify goods and to authorise the use of the certification trade mark, and may contain any other provisions which the Government may by general or special order require or permit to be inserted therein (including provisions conferring a right of appeal to the Registrar against any refusal of the proprietor to certify goods or to authorise the use of the certification trade mark in accordance with the regula¬tions); and regulations so deposited shall be open to inspection in like manner as the register. (2) The regulations so deposited may on the application of the registered proprietor be altered by the Registrar with the consent of the Government. (3) The Government may cause such application to be advertised in any case where it appears to it expedient so to do, and where it does so, if within the time specified in the advertisement any person gives notice of opposition to the application, the Government shall not decide the matter without giving the parties an opportunity of being heard.",
"name": "Deposit of regulations governing the use of a certification trade mark",
"related_acts": "",
"section_id": 57
},
{
"act_id": 184,
"details": "57. 13* * * Subject to the provisions of sections 25, 26 and 58, the registration of a person as proprietor of a certification trade mark in respect of any goods shall, give to that person the exclusive right to the use of the certification trade mark in relation to those goods, and, without prejudice to the generality of the foregoing provision, that right shall be deemed to be infringed by any person who, not being the proprietor of the mark or a person authorised by him in that behalf under the regulations deposited under section 56, using it in accordance therewith, uses a mark identical with it or so nearly resembling it as to be likely to deceive or cause confusion, in the course of trade, in relation to any goods in respect of which it is registered, and in such manner as to render the use of the mark likely to be taken either¬- (a)\tas being used as a certification trade mark; or (b)\tto import a reference to some person having the right either as proprietor, or by his authorisation under the said regulations, to use the mark, or to goods certified by the proprietor. (2) Omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Right conferred by registration",
"related_acts": "430",
"section_id": 58
},
{
"act_id": 184,
"details": "58. (1) The right to the use of a certification trade mark given under section 57 by registration shall be subject to any conditions or limitations entered on the register, and shall not be deemed to be infringed by the use of any such mark as aforesaid in any mode, in relation to goods to be sold or otherwise traded in in any place, in relation to goods to be exported to any market, or in any other circumstances, to which having regard to any such limitations, the registration does not extend. (2) The said right to the use of a certification trade mark shall not be deemed to be infringed by the use of any such mark as aforesaid by any person¬- (a)\tin relation to goods certified by the proprietor of the mark if, as to those goods or a bulk of which they form part, the proprietor or another in accordance with his authorisation under the relevant regulations has applied the mark and has not subsequently removed or obliterated it, or the proprietor has at any time expressly or impliedly consented to the use of the mark, or (b)\tin relation to goods adapted to form part of, or to be accessory to, other goods in relation to which the mark has been used without infringement of the right given as aforesaid or might for the time being be so used, if the use of the mark is reasonably necessary in order to indicate that the goods are so adapted and neither the purpose nor the effect of the use of the mark is to indicate otherwise than in accordance with the fact that the goods are certified by the proprietor: Provided that clause (a) shall not apply to the case of use consisting of the application of any such mark as aforesaid to any goods, notwithstanding that they are such goods as are mentioned in that clause if such application is contrary to the said regulations. (3) Where a certification trade mark is one of two or more certification trade marks registered under this Act 14* * *, which are identical or nearly resemble each other, the use of any of those marks in exercise of the right to the use of that mark given by registration, shall not be deemed to be an infringement of the right so given to the use of any other of those marks.",
"name": "No infringement in certain circumstances",
"related_acts": "",
"section_id": 59
},
{
"act_id": 184,
"details": "59. (1) The Government may, on the application in the prescribed manner of any person aggrieved or on the recommendation of the Registrar, and after giving the proprietor an opportunity of opposing the application or recommendation, make such order as it thinks fit for expunging or varying any entry in the register relating to a certification trade mark, or for varying the deposited regulations, on any of the following grounds, namely:- (a)\tthat the proprietor is no longer competent, in the case of any of the goods in respect of which the mark is registered, to certify those goods; (b) \tthat the proprietor has failed to observe any provision of the deposited regulations to be observed on his part; (c) \tthat it is no longer to the public advantage that the mark should be registered; (d) \tthat it is requisite for the public advantage that, if the mark remains registered, the regulations should be varied; (2) The Registrar shall rectify the register and the deposited regulations in such manner as may be requisite for giving effect to an order made under sub section (1).",
"name": "Cancellation or varying of registration",
"related_acts": "",
"section_id": 60
},
{
"act_id": 184,
"details": "60. The Registrar shall have no power to award costs to or against any party on an appeal to him against a refusal of the proprietor of a certification trade mark to certify goods or to authorise the use of the mark.",
"name": "Costs not to be awarded in certain cases",
"related_acts": "",
"section_id": 61
},
{
"act_id": 184,
"details": "61. Save as otherwise expressly provided in this Chapter, every decision of the Government under this Chapter shall be final.",
"name": "Decisions of Government to be final",
"related_acts": "",
"section_id": 62
},
{
"act_id": 184,
"details": "62. The Government shall prescribe classes of goods (in this Chapter referred to as textile goods) to the trade marks used in relation to which the provisions of this Chapter shall apply; and subject to the said provisions, the other provisions of this Act shall apply to such trade marks as they apply to trade marks used in relation to other classes of goods.",
"name": "Textile goods",
"related_acts": "",
"section_id": 63
},
{
"act_id": 184,
"details": "63. Separate Trade Marks Registry at Bombay.- Omitted by section 6 of the Trade Marks (Amendment) Act, 1943 (Act No. XV of 1943).",
"name": "Omitted.",
"related_acts": "",
"section_id": 64
},
{
"act_id": 184,
"details": "63A. Jurisdiction of Bombay Registrar and Registrar in respect of trade marks used in relation to textile goods.- Omitted by section 6 of the Trade Marks (Amendment) Act, 1943 (Act No. XV of 1943).",
"name": "Omitted.",
"related_acts": "",
"section_id": 65
},
{
"act_id": 184,
"details": "64. (1) In respect of textile goods being piece goods¬- (a)\tno mark consisting of a line heading alone shall be registrable as a trade mark; (b) \ta line heading shall not be deemed to be adapted to distinguish; (c) \tthe registration of a trade mark shall not give any exclusive right to the use of a line heading. (2) In respect of any textile goods, the registration of letters or numerals, or any combination thereof, shall be subject to such conditions and restrictions as may be prescribed.",
"name": "Restrictions on registration of textile goods",
"related_acts": "",
"section_id": 66
},
{
"act_id": 184,
"details": "65. Trade marks in respect of textile goods of which registration has been refused shall be entered by the Registrar in a list called the Refused Textile Marks List, and the said list shall at all convenient times be open to the inspection of the public subject to such conditions and restrictions as may be prescribed.",
"name": "Refused Textile Marks List",
"related_acts": "",
"section_id": 67
},
{
"act_id": 184,
"details": "66. (1) The Government may in the prescribed manner constitute one or more Advisory Committees of persons versed in the usages of the textile trade for the purpose of this section. (2) The Registrar shall consult any such Committee with respect to any circumstances peculiar to the textile trade arising on an application to register a trade mark in respect of textile goods. (3) The place of meeting and the conduct of business of such Committees shall be determined by rules made under this Act.",
"name": "Advisory Committees",
"related_acts": "",
"section_id": 68
},
{
"act_id": 184,
"details": "67. If any person makes, or causes to be made a false entry in the register, or a writing falsely purporting to be a copy of an entry in the register, or produces or tenders, or causes to be produced or tendered, in evidence any such writing, knowing the entry or writing to be false, he shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both.",
"name": "Penalty for falsification of entries in register",
"related_acts": "",
"section_id": 69
},
{
"act_id": 184,
"details": "68. (1) On and after the 1st day of January 1947, no person shall make any representation┬¼- (a)\twith respect to a mark not being a registered trade mark, to the effect that it is a registered trade mark; or (b) \twith respect to a part of a registered trade mark not being a part separately registered as a trade mark, to the effect that it is separately registered as a trade mark; or (c) \tto the effect that a registered trade mark is registered in respect of any goods in respect of which it is not in fact registered; or (d) \tto the effect that the registration of a trade mark gives an exclusive right to the use thereof in any circumstances in which, having regard to limitations entered on the register, the registration does not in fact give that right. (2) If any person contravenes any of the provisions of sub-section (1), he shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred 15Taka, or with both. (3) For the purposes of this section, the use in Bangladesh in relation to a trade mark of the word “registered”, or of any other expression referring whether expressly or impliedly to registration, shall be deemed to import a reference to registration in the register, except- (a)\twhere that word or other expression is used in direct association with other words delineated in characters at least as large as those in which that word or other expression is delineated and indicating that the reference is to registration as a trade mark under the law of a country outside Bangladesh, being a country under the law of which the registration referred to is in fact in force; or (b)\twhere that other expression is of itself such as to indicate that the reference is to such registration as is mentioned in clause (a); or (c)\twhere that word is used in relation to a mark registered as a trade mark under the law of 16* * * a Country outside Bangladesh and in relation solely to goods to be exported to that country. (4) Nothing in this section shall┬¼- (a)\tapply to a trade mark, application for the registration of which has been made before the 1st day of January 1947, until such application has been disposed of ; 17* * *",
"name": "Penalty for falsely representing a trade mark as registered",
"related_acts": "",
"section_id": 70
},
{
"act_id": 184,
"details": "69. If a person, without due authority, uses in connection with any trade, business, calling or profession (a)\tthe 18* * * Government Arms (or arms so closely resembling the same as to be calculated to deceive) in such manner as to be calculated to lead to the belief that he is duly authorised so to use the 19* * * Government Arms, or (b)\tname, title and semblance of 20Bangabandhu Sheikh Mujibur Rahman and any variations thereof or any device, Emblem or title in such manner as to be calculated to lead to the belief that he is employed by, or supplies goods to, or is connected with, 21the Government or any department of the Government, 22or (c) \tthe Emblem, the official seal and the name or any abbreviation of the name of the United Nations or any subsidiary body set up by the United Nations or of the World Health Organization in such manner as is to be calculated to lead to the belief that he is duly authorised by the Secretary General in the case of the United Nations or by the Director General of the World Health Organization in the case of that Organization to use that Emblem, seal or name, he may, at the suit of any person who is authorised to use such Arms or such device, Emblem or title or of the Registrar, be restrained by injunction from continuing so to use the same: Provided that nothing in this section shall be construed as affecting the right, if any, of the proprietor of a trade mark containing any such Arms, device, Emblem or title to continue to use such trade mark.",
"name": "Restraint of use of Royal Arms and State Emblems",
"related_acts": "",
"section_id": 71
},
{
"act_id": 184,
"details": "70. In all proceedings under this Act before the Registrar- (a)\tthe Registrar shall have all the powers of a Civil Court for the purposes of receiving evidence, administering oaths, enforcing the attendance of witnesses, compelling the discovery and production of documents and issuing commissions for the examination of witnesses; (b)\tevidence shall be given by affidavit, provided that the Registrar may, if he thinks fit, take oral evidence in lieu of, or in addition to, such evidence by affidavit; (c)\tthe Registrar shall not exercise any power vested in him by this Act or the rules made thereunder adversely to any party duly appearing before him without (if required in writing within the prescribed time so to do) giving such party an opportunity of being heard; (d) \tthe Registrar may, save as otherwise expressly provided in this Act, and subject to any rules made in this behalf under section 84, make such orders as to costs as he considers reasonable, and any such order shall be executable as a decree of a Civil Court.",
"name": "Procedure before the Registrar",
"related_acts": "",
"section_id": 72
},
{
"act_id": 184,
"details": "71. In all proceedings under this Act before the Government, evidence shall be given by affidavit, provided that the Government may, if it thinks fit, take oral evidence in lieu of, or in addition to, such evidence by affidavit, and shall for that purpose have all the powers of a Civil Court referred to in clause (a) of section 70.",
"name": "Procedure before Government",
"related_acts": "",
"section_id": 73
},
{
"act_id": 184,
"details": "72. Where under this Act an applicant has the option of making an application either to the High Court Division or to the Registrar,- (a)\tif any suit or other proceedings concerning the trade mark in question is pending before the High Court Division or a District Court, the application shall be made 23to the High Court Division; (b) \tif in any other case the application is made to the Registrar, the Registrar may, if he thinks fit, refer the applica¬tion at any stage of the proceedings to the High Court Division.",
"name": "Procedure in certain cases of option to apply to the High Court Division or the Registrar",
"related_acts": "",
"section_id": 74
},
{
"act_id": 184,
"details": "73. No suit for the infringement of a trade mark or otherwise relating to any right in a trade mark shall be instituted in any Court inferior to a District Court having jurisdiction to try the suit.",
"name": "Suits for infringement to be instituted before District Court",
"related_acts": "",
"section_id": 75
},
{
"act_id": 184,
"details": "2474A. In all proceedings under this Act before the High Court Division the costs of the Registrar shall be in the discretion of the High Court Division, but the Registrar shall not be ordered to pay the costs of any of the parties.",
"name": "Costs of Registrar in proceedings before High Court Division",
"related_acts": "",
"section_id": 76
},
{
"act_id": 184,
"details": "74. (1) In any suit or other legal proceedings in which the relief sought includes alteration or rectification of the register, the Registrar shall have the right to appear and be heard, and shall appear if so directed by the tribunal. (2) Unless the tribunal otherwise directs, the Registrar may, in lieu of appearing, submit a statement in writing signed by him, giving such particulars as he thinks proper of the proceedings before him relating to the matter in issue, or of the grounds of any decision given by him affecting it, or of the practice of the Trade Marks Registry in like cases, or of other matters relevant to the issues and within his knowledge as Registrar, and such statement shall be evidence in the suit or other proceeding.",
"name": "Appearance of Registrar in proceedings involving recti¬fication of register",
"related_acts": "",
"section_id": 77
},
{
"act_id": 184,
"details": "75. (1) A printed or written copy of any entry in the register, purporting to be certified by the Registrar and sealed with the seal of the Trade Marks Registry, shall be admitted in evidence in all Courts in Bangladesh and in all proceedings without further proof or production of the original. (2) A certificate purporting to be under the hand of the Registrar as to any entry, matter or thing that he is authorised by this Act or the rules to make or do shall be prima facie evidence of the entry having been made, and of the contents thereof, or of the matter or thing having been done or not done.",
"name": "Evidence of entries in register and things done by Registrar",
"related_acts": "",
"section_id": 78
},
{
"act_id": 184,
"details": "76. (1) Save as otherwise expressly provided in this Act, an appeal shall lie, within the period prescribed by the Government, from any decision of the Registrar under this Act or the rules made thereunder to the High Court Division having jurisdiction: Provided that if any suit or other proceeding concerning the trade mark in question is pending before the High Court Division or a District Court, the appeal shall be made to 25High Court Division. (2) In an appeal by an applicant for registration against a decision of the Registrar under section 13 or section 14 or section 15, it shall not be open, save with the express permission of the Court, to the Registrar or any party opposing the appeal to advance grounds other than those recorded in the said decision or advanced by the party in the proceedings before the Registrar, as the case may be; and where any such additional grounds are advanced, the applicant for registration may, on giving notice in the prescribed manner, withdraw his application without being liable to pay the costs of the Registrar or the parties opposing his application. (3) Subject to the provisions of this Act and of rules made thereunder, the provisions of the Code of Civil Procedure, 1908, shall apply to appeals before the High Court Division under this Act.",
"name": "Appeals",
"related_acts": "86",
"section_id": 79
},
{
"act_id": 184,
"details": "77. 26The Supreme Court may make rules consistent with this Act as to the conduct and procedure of all proceedings under this Act before 27the High Court Division.",
"name": "Power to Supreme Court to make rules",
"related_acts": "",
"section_id": 80
},
{
"act_id": 184,
"details": "78. If in any legal proceeding in which the validity of the registration of a trade mark comes into question, a decision is given in favour of the proprietor of the trade mark, the tribunal may grant a certificate to that effect, and if such a certificate is granted, then in any subsequent legal proceeding in which the said validity comes into question, the said proprietor on obtaining a final order or judgment in his favour shall, unless the said final order or judgment for sufficient reason directs otherwise, be entitled to his full costs, charges and expenses as between legal practitioner and client.",
"name": "Certificate of validity",
"related_acts": "",
"section_id": 81
},
{
"act_id": 184,
"details": "79. In any suit or other proceeding relating to a trade mark, the tribunal shall admit evidence of the usages of the trade concerned and of any relevant trade mark or get up legitimately used by other persons.",
"name": "Trade usage, etc., to be taken into consideration",
"related_acts": "",
"section_id": 82
},
{
"act_id": 184,
"details": "80. Where by or under this Act any act, other than the making of an affidavit, is required to be done by any person, the act may, subject to prescribed conditions or in special cases with the consent of the Government, be done, in lieu of by that person himself, by a duly authorised agent, being either a legal practitioner or a person registered in the prescribed manner as a trade marks agent.",
"name": "Agents",
"related_acts": "",
"section_id": 83
},
{
"act_id": 184,
"details": "81. There shall be paid in respect of applications and registration and other matters under this Act such fees as may be prescribed by the Government.",
"name": "Fees",
"related_acts": "",
"section_id": 84
},
{
"act_id": 184,
"details": "82. The provisions of this Act shall be binding on the Government.",
"name": "Government to be bound",
"related_acts": "",
"section_id": 85
},
{
"act_id": 184,
"details": "82A. Power to make reciprocal arrangements with Acceding or a non-Acceding State.- Section 82A was inserted by section 12 of the Trade Marks (Amendment) Act, 1946 (Act No. XII of 1946) and subsequently omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 86
},
{
"act_id": 184,
"details": "83. If at any time after the expiry of six months from the commencement of this section it is made to appear to the Government that any Government outside Bangladesh has made satisfactory provision for the protection within its territories of trade marks in respect of which an application for registration has been made in Bangladesh, the Government may, by notification in the official Gazette, make provision with regard to trade marks in respect of which an application for registration has been made within the territories of that Government to enable any person who has applied within such territories for registration of a trade mark or his legal representative or assignee to obtain registration of the trade mark in Bangladesh under this Act on his making an application for registration in Bangladesh, within such period as may be fixed in this behalf by the notification as if an application for registration under this Act had been made in respect of that trade mark at the date at which the application for registration was made within the territories of that Government.",
"name": "Power to make reciprocal arrangements with other Governments",
"related_acts": "",
"section_id": 87
},
{
"act_id": 184,
"details": "84. (1) The Government may, subject to the condition of previous publication by notification in the official Gazette, make rules to carry out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may- (a)\tprescribe the classification of goods for the purpose of the registration of trade marks, and empower the Registrar to amend the register so far as may be necessary for the purpose of adapting the entries therein to any amended or substituted classification which may be prescribed; (b) \trequire the making of duplicates of trade marks and other documents connected therewith; (c)\tprovide for securing and regulating the publication, sale or distribution of copies of trade marks and other documents connected therewith; (d)\tprescribe additional matters to be entered in the register; (e) \tprescribe the conditions and restrictions subject to which the register, and the Refused Textile Marks List may be inspected; (f) \tprescribe the form of certificates of registration; (g) \tprescribe the conditions under which a trade mark removed from the register may be restored under sub-section (3) of section 18; (h) \tprescribe the further documents, information or evidence to accompany an application under sub-section (1) of section 41; (i) \tprescribe classes of goods as textile goods for the purposes of Chapter IX; (j) \tprovide for the constitution of Advisory Committees referred to in section 66, and prescribe the places of meeting, and conduct of business at meetings, of such Committees; (k) \tregulate the awarding of costs by the Registrar under section 70; (l) \tprescribe the conditions subject to which an agent referred to in section 80 may act; 28* * * (m)\tprescribe the fees to be paid under this Act; (n) \tprovide for the establishment of branches of the Trade Marks Registry when expedient for facilitating the working of this Act, and authorise the preparation of copies of the register to be kept at such branch offices; (o)\tprescribe the manner in which, in proceedings under this Act before the Government or the Registrar, applications shall be made, notices given and matters advertised; (p)\tprescribe times or periods required by this Act to be prescribed; (q)\tprovide, generally, for regulating the business of the Trade Marks Registry and of branches established under clause (n) and for regulating all things by this Act placed under the direction or control of the Government or the Registrar.",
"name": "Power of Government to make rules",
"related_acts": "",
"section_id": 88
},
{
"act_id": 184,
"details": "85. The Government may, by notification in the official Gazette, provide such procedure as it considers expedient to enable intending applicants to deposit trade marks at the Patent Office before the coming into force of the remaining provisions of this Act: Provided that the deposit of a trade mark under this section shall not affect any right, existing or accruing, in the trade mark.",
"name": "Power to Government to make provision for applications for registration before the coming into force of the remaining provisions of Act",
"related_acts": "",
"section_id": 89
},
{
"act_id": 184,
"details": "86. Proceedings at Patent Office and the Bombay Registry to be deemed to have been taken at Trade Marks Registry.- Omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (Governor General's Order No. 4 of 1949).",
"name": "Omitted.",
"related_acts": "",
"section_id": 90
}
],
"text": "An Act to provide for the registration and more effective protection of Trade Marks.1♣ WHEREAS it is expedient to provide for the registration and more effective protection of trade marks; It is hereby enacted as follows:-"
} |
{
"id": 185,
"lower_text": [
"1 Throughout this Act, the words “Bangladesh”, “Government”, “Taka” and “Government servant” were substituted for the words “East Pakistan”, “Provincial Government”, “rupees” and “servant of the Crown” respectively by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The word “Bengal” was omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 Section 9A was added by section 3 of the Bengal Jute Regulation (East Bengal Amendment) Act, 1953 (East Bengal Act No. IV of 1953)",
"4 The words “twenty five poisha” were substituted for the words “annas four” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"5 The words “fifty poisha” were substituted for the words “annas eight” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"6 Section 15A was inserted by section 4 of the Bengal Jute Regulation (East Bengal Amendment) Act, 1950 (East Bengal Act No. IV of 1950)",
"7 Clause (dd) was inserted by section 5 of the Bengal Jute Regulation (East Bengal Amendment) Act, 1953 (East Bengal Act No. IV of 1953)",
"8 The words “Penal Code” were substituted for the words “Pakistan Penal Code” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"9 The words “Penal Code” were substituted for the words “Pakistan Penal Code” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"10 Clause (m) was omitted by section 6 of the East Bengal Jute Regulation (East Pakistan Amendment) Act, 1964 (East Pakistan Act No. IV of 1964)"
],
"name": "The Jute Regulation Act, 1940 (Bengal Act)",
"num_of_sections": 25,
"published_date": "20th April, 1940",
"related_act": [
430
],
"repelled": false,
"sections": [
{
"act_id": 185,
"details": "1. (1) This Act may be called the 2* * * Jute Regulation Act, 1940. (2) It extends to the whole of Bangladesh.",
"name": "Short title and extent",
"related_acts": "",
"section_id": 1
},
{
"act_id": 185,
"details": "2. In this Act, unless there is anything repugnant in the subject or context,- (1) “Collector” means the Collector of the district and includes the Deputy Commissioner and any Government servant, other than a Police officer, appointed by the Government to exercise all or any of the functions of the Collector under this Act; (2) “Committee” means a Union Jute Committee constituted under this Act; (3) “Director of Land Records” means the person appointed by the Government to be the Director of Lands Records or to exercise all or any of the functions of the Director of Land Records under this Act, and includes every person who for the time being performs the duties of that office; (4) “grow”, with its grammatical variations when used in relation to jute, includes 'sow' and the grammatical variations thereof, irrespective of whether the jute is harvested or not; (5) “grower of jute” means any person who, either for his own consumption or for sale, and whether by himself or by members of his family or by hired labour or by adhiars or bargadars or bhagdars, grows jute in any year on any land in his possession; (6) “jute” means the plant known botanically as belonging to the genus Corchorus, and includes all the species of that genus, whether known commonly as pat, kosta, nalia or by any other name, and also means the plant known botanically as hibiscus cannabinus and commonly as mesta; (7) “land” includes any land covered with water at any time of the year but does not include any land on which, with the written permission of the Government or of a Government servant authorised by the Government in this behalf, jute is grown in any year for bona fide experimental or demonstrational purposes; (8) “licensee” means a person to whom there has been issued under section 10 a licence which is still in force; (9) “notification” means a notification published in the official Gazette; (10) “prescribed” means prescribed by rules made under this Act; (11) “recording officer” includes the Director of Land Records and any person appointed by him to perform all or any of the duties of a recording officer under this Act; (12) “rules” means rules made under this Act; (13) “Subdivisional Magistrate” means the Magistrate in charge of the subdivision of the district; (14) “Union” includes a local area or group of dwellings declared to be a village, a village or group of villages constituted as a Union under any law for the time being in force.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 185,
"details": "3. (1) The Government may, by notification, direct that, for the whole of the areas to which this Act extends or for such part thereof as may for any special reason or purpose be specified in the notification, a record shall be prepared of all lands on which jute was grown by any grower of jute in such year as may be specified in the notification, and the Director of Land Records shall thereupon, in the prescribed manner and form, cause such a record to be prepared. (2) The Government may, by notification, also direct that, in the area specified in the notification or in any part of such area, any grower of jute may, within the period, in the manner and to the authority specified in sub section (2) of section 4, apply to have entered in the record the nature of any land in his possession on which no crop other than jute can be grown: Provided that after the records having been prepared under this sub section, persons having acquired newly accreted char lands and other reclaimed areas on which jute can be grown, may apply to the Government or an officer authorised in this behalf by the Government, have records of such lands and the Government or the authorised officer thereupon may cause an enquiry to be made and records of such lands prepared under this sub section. (3) The Government may, by notification, further direct that, in the area specified in the notification or in any part of such area, any grower of jute may, within the period, in the manner and to the authority specified in sub section (2) of section 4, apply to have entered in the record any land in his possession on which, in any one of the three years immediately preceding the year specified in the notification, he or his predecessor-in interest grew jute in excess of the total area of land on which he grew jute in the year specified in the notification. (4) For the purposes of preparing the record referred to in sub section (1), a recording officer, or any Government servant authorised by the Collector by general or special order in this behalf, may enter upon, examine in such manner as he thinks fit, and make a survey of, any land on which he has reason to believe that jute was grown in the said year by any grower of jute and, subject to the rules, may- (a)\tpublish, in the prescribed manner and form, a notice requiring any grower of jute and any other person whose attendance appears to him to be necessary, to attend before him at the time and place specified in the notice and to furnish such information as he may require or to produce any document specified in the notice, and (b)\treceive and record any information given, and examine any document produced, by any grower of jute. (5) After publication of a notice under sub section (4), every grower of jute and other person to whom such notice is directed shall, either personally or by an authorised agent, attend before the recording officer at the time and place specified in the notice and shall, as the case may be, furnish such information as the recording officer may require or produce such document as may be specified in the notice. Explanation.- For the purposes of this sub section the expression “authorised agent” means a person employed, with authority expressed or implied, to represent before a recording officer a grower of jute or other person to whom a notice under sub section (4) has been directed. (6) No person shall be entitled to compensation for any damage done in good faith to any land or to any crop thereon in connection with any entry, examination or survey made under sub section (4).",
"name": "Preparation of record of lands on which jute was grown in any year",
"related_acts": "",
"section_id": 3
},
{
"act_id": 185,
"details": "4. (1) The recording officer shall, in the manner prescribed, furnish free of cost to every grower of jute a copy of the entry standing against his name in the record prepared under section 3. (2) Within such period, in such manner and to such authority as may be prescribed, any person may make an objection against the correctness of any entry in the record and any grower of jute referred to in sub section (2) or sub section (3) of section 3 may make the application referred to respectively in those sub sections, and such objection and application shall, in the prescribed manner, be heard by such authority, whose decision thereon shall, for the purposes of this Act, be final.",
"name": "Disposal of objections against entries in the record",
"related_acts": "",
"section_id": 4
},
{
"act_id": 185,
"details": "5. (1) When any objection or application made under sub section (2) of section 4 is allowed, either wholly or in part, the recording officer shall, in the manner prescribed, correct the record accordingly and, after the disposal of all such objections and applications, shall, in the manner prescribed, authenticate the record so corrected, and the record so authenticated shall, in respect of the area for which it is prepared, be the final record of all lands on which jute was grown in that year by any grower of jute: Provided that the Government may, in any year subsequent to that in respect of which the final record is prepared, direct that any correction so made in the final record in respect of an application made under sub section (2) of section 4 by any grower of jute referred to in sub section (2) of section 3 shall, in the prescribed manner, be examined and, if necessary, be revised: Provided further that the Collector, on his own initiative at any time, or on receipt of an application made in the prescribed manner and on payment of the prescribed fee by any grower of jute within one year from the date on which the record is so authenticated, may examine the final record and if, after such inquiry as he thinks fit, he is satisfied that any entry in the final record is incorrect or that any entry has been improperly omitted from the final record, he shall direct that the final record be revised accordingly. (2) The recording officer shall send the final record to the Union Jute Committee constituted under sub section (1) or sub section (5) of section 6 for the local area to which the record relates, or to such Government servant as may have been authorised under sub section (5) or appointed under sub section (7) of section 6 to perform the functions of such Committee in such local area.",
"name": "Preparation of final record",
"related_acts": "",
"section_id": 5
},
{
"act_id": 185,
"details": "6. (1) The Government shall, by notification, declare the local areas in which there shall be constituted Union Jute Committees, and thereupon the Collector shall, as soon as may be, cause to be constituted such a Committee for each such local area within his jurisdiction. (2) Each Committee shall consist of a Chairman and not more than six other members, of whom three shall be growers of jute within the area of the jurisdiction of the Committee. (3) The Chairman and other members of the Committee shall be appointed by the Collector or by such Government servant other than a Police officer as may, subject to the rules, be authorised by the Collector by general or special order in this behalf. (4) The Committee shall be subject to the control and supervision of the Collector and of any Government servant authorised by the Collector by general or special order in this behalf. (5) The Collector may, at any time and for reasons to be recorded by him in writing, dissolve a Committee and may thereupon either cause a fresh Committee to be constituted or, may, subject to the rules, authorise any Government servant other than a Police officer to perform all or any of the functions of the Committee. (6) The Collector may, at any time and for reasons to be recorded by him in writing, cancel the appointment of the Chairman or any other member of the Committee, and shall thereupon cause to be appointed a fresh Chairman or a fresh member as the case may be. (7) For any area in respect of which a Committee has not been constituted, the Government may, by notification, appoint any Government servant other than a Police officer to perform in such area all or any of such functions of a Committee as may be specified in the notification. (8) The procedure to be followed by, the quorum at a meeting of, and the manner of filling casual vacancies among members of a Committee shall be such as may be prescribed. (9) Subject to the provisions of sub sections (5) and (6), the term of a Committee constituted under this section shall be two years from the date on which it is constituted.",
"name": "Constitution of Union Jute Committees",
"related_acts": "",
"section_id": 6
},
{
"act_id": 185,
"details": "7. (1) The Government may, at any time, and by notification- (a) direct any person to maintain and submit, by such date as may be specified in the notification, a statement showing in the prescribed form the quantity of jute and manufactured jute products which was in the possession, or under the control, of such person on such date as may be specified in the notification, and/or (b) direct any person, as may be specified in the notification, to declare and maintain in the prescribed form a correct account of jute produced and/or received by him during a particular calendar year and also of the manner in which he disposes of such jute and specify the officers who will function as assessing and revising authority in this respect; and/or (c) direct the manner in which the standard output of jute in each Union/Circle is to be assessed. (2) Subject to the rules any Government servant, other than a Police officer, authorised by the Government by general or special order in this behalf may, within the local limits for which he is so authorised and for carrying out the purposes of this section,- (a) enter and remain in any premises in which he has reason to believe that there is jute or any jute product, (b) make such examination of such premises and of any record or register maintained therein and relating to jute or any jute product, and take on the spot or otherwise such evidence of any person, as he may deem necessary for carrying out the purposes of this section, and (c) require any person having custody of any such record or register to produce it: Provided that no person shall be required under this sub section to answer any question or give any evidence tending to criminate himself.",
"name": "Power to procure information of stocks of raw jute and jute products",
"related_acts": "",
"section_id": 7
},
{
"act_id": 185,
"details": "8. Constitution of Advisory Board.- Omitted by section 3 of the East Bengal Jute Regulation (East Pakistan Amendment) Act, 1964 (East Pakistan Act No. IV of 1964).",
"name": "Omitted.",
"related_acts": "",
"section_id": 8
},
{
"act_id": 185,
"details": "9. The Government may, by notification, declare the proportion which the total area of land on which jute may be grown, in the whole of Bangladesh or in such part thereof as may for any special reason or purpose be specified in the notification and in such year as may be specified in the notification, shall bear to the total recorded area of land on which jute was grown in that locality in such previous year or years as may be specified in the notification.",
"name": "Notification of area on which jute may be grown",
"related_acts": "",
"section_id": 9
},
{
"act_id": 185,
"details": "39A. Notwithstanding anything contained elsewhere in this Act, the Government may, by notification, prohibit, for any year, the growing of jute or any particular variety of jute in the whole of Bangladesh or any part thereof.",
"name": "Prohibition of growing of any particular variety of jute",
"related_acts": "",
"section_id": 10
},
{
"act_id": 185,
"details": "10. (1) On the publication of a notification under section 9, every Committee constituted under sub section (1) or sub section (5) of section 6, and every Government servant authorised under sub section (5) or appointed under sub section (7) of that section to perform the functions of a Committee in this behalf, shall, in the prescribed manner and within the prescribed period, allot to every grower of jute who is within the jurisdiction of such Committee or of such Government servant, as the case may be, and is named in the final record relating to the previous year or years referred to in the said notification, or to the successor in interest of any such grower of jute, an area of land which bears, to the area of land entered in the said final record against the name either of such grower of jute or of his predecessor in interest, the same proportion as that declared by the said notification, and shall, after giving notice in such form and manner as may be prescribed, issue to each such grower of jute or to his successor-in interest, in such form as may be prescribed, a licence specifying the area so allotted and the land comprised within such area: Provided that the provisions of this sub section shall apply to the issue of a licence required in consequence of any revision of the final record directed under sub section (1) of section 5 or in compliance with any order made under sub section (1) of section 12: Provided further that no grower of jute or his successor in interest, who is entitled to receive a licence for growing jute under the provisions of this sub section, shall be granted a licence unless he applies in writing for the grant of such a licence and that no such application shall be entertained unless a fee calculated on the following scale or such other scale, as may be prescribed from time to time, is paid with the application in Court fee or in cash and in the latter case the applicant shall be granted a receipt therefore by the receiving officer:- For land not exceeding one acre at the rate of 4twenty five poisha for every .25 acre or portion thereof. For land exceeding one acre at the rate of 5fifty poisha for every .25 acre or portion thereof in respect of the entire area. (2) When a notice is given under sub section (1), any person to whom an allotment of area has been made under that sub section, and who desires to grow jute on any land not entered against the name of himself or his predecessor in interest in the record relating to the previous year or years referred to in the notification under section 9, may, in such manner as may be prescribed and together with a certified copy of the entry relating to such land in the finally published record of rights, apply to the Committee or to a Government servant authorised under sub section (5) or appointed under sub-section (7) of section 6 for permission to grow jute on the whole or such portion of such land as may be specified in the application; and the Committee or such Government servant, if satisfied that permission should be granted, shall specify such land in the licence to be issued in conformity with the provisions of sub section (1): Provided that the total area of land specified in the licence shall in no case exceed the total area of land allotted to the applicant under sub section (1). (3) Every licence issued under sub section (1) shall be issued in duplicate, shall bear the date of its issue and shall be signed and sealed in the prescribed manner, and the duplicate copy of every licence shall be retained by the Committee or Government servant issuing the licence. (4) In any year in respect of which a declaration has been published under section 9, no grower of jute shall grow jute except in conformity with a licence issued under sub section (1).",
"name": "Allotment of areas, and issue of licences, to growers of jute",
"related_acts": "",
"section_id": 11
},
{
"act_id": 185,
"details": "11. (1) If for any reason a licensee is prevented from growing jute on any portion of the land specified in the licence, and desires to grow jute on any land not so specified, he may apply to the Collector in writing, stating his reasons, and the Collector, if satisfied, may modify the licence accordingly: Provided that- (i) the total area of land specified in the licence so modified shall in no case exceed the total area of land originally specified in the licence, and (ii) pending the disposal of an application under this section, no jute shall be grown on any land not originally specified in the licence. (2) If, in consequence of any revision of the final record directed under sub section (1) of section 5 or in compliance with any order made under sub section (1) of section 12, it is required to modify any licence, the Collector shall modify the licence accordingly.",
"name": "Modification of licence by Collector",
"related_acts": "",
"section_id": 12
},
{
"act_id": 185,
"details": "12. (1) A licensee or any person to whom a licence has been refused may, in such manner and on payment of such fee as may be prescribed, appeal to the Collector against an order made, or in respect of a licence issued or refused under section 10, on the ground that such order has not been made or that such licence has not been issued or refused in accordance with the provisions of that section, and the decision of the Collector in respect of any such appeal shall be final. (2). An appeal under sub section (1) shall be preferred within fifteen days of the date of the order or of the issue or refusal of the licence complained of, and pending the disposal of such appeal, no jute shall be grown on any land not originally specified in the licence.",
"name": "Appeals",
"related_acts": "",
"section_id": 13
},
{
"act_id": 185,
"details": "13. No allotment of area specified in any licence, and no order granting or refusing to grant or modifying a licence, shall be called in question in any Court or in any manner save as provided in this Act.",
"name": "Bar to jurisdiction of Courts",
"related_acts": "",
"section_id": 14
},
{
"act_id": 185,
"details": "14. (1) The Government may by notification, direct that an examination shall be made of all lands on which jute was grown in any year by any grower of jute, and the Director of Land Records shall thereupon, in the prescribed manner and form, cause such an examination to be made. (2) The Director of Land Records or any person authorised by him by general or special order in this behalf, shall in the prescribed manner report to the Sub-divisional Magistrate every case in which jute has been grown in the said year on any land not so specified in a licence issued under section 10. (3) For the purpose of making the examination referred to in sub section (1), the Director of Land Records and any person authorised by him by general or special order in this behalf may enter upon, examine in such manner as he thinks fit, and make a survey of, any land on which he has reason to believe that jute was grown in the said year, and may, subject to the rules, exercise all or any of the powers conferred upon a recording officer by sub section (4) of section 3. (4) No person shall be entitled to compensation for any damage done in good faith to any land or to any crop thereon in connection with any entry, examination or survey made under sub section (3).",
"name": "Examination and registration of areas of land on which jute is grown in any year",
"related_acts": "",
"section_id": 15
},
{
"act_id": 185,
"details": "15. Every person to whom a licence has been issued under section 10 shall, on demand by the Director of Land Records or by the Collector or by any person authorised by the Director of Land Records or the Collector by general or special Order in this behalf, produce such licence for inspection.",
"name": "Production of licence",
"related_acts": "",
"section_id": 16
},
{
"act_id": 185,
"details": "615A. The licence of any grower of jute or his successor in interest who, without sufficient cause to be shown in writing, fails to renew his licence during the licensing operation, shall be treated as cancelled.",
"name": "Renewal of licence",
"related_acts": "",
"section_id": 17
},
{
"act_id": 185,
"details": "16. Notwithstanding anything contained in any other law for the time being in force- (1) whoever (a)\tintentionally fails to comply with a notice published under clause (a) of sub section (4) of section 3 or under sub section (3) of section 14, or (b)\tintentionally makes any false statement with intent to deceive, or intentionally produces any false document before, a recording officer or a Committee or a Government servant authorised under sub section (5) or appointed under sub section (7) of section 6 or a person making an examination under section 14, or (c) \tin any proceeding under this Act, falsely personates another and in such assumed character makes any statement or produces any document or fraudulently does any other act, or (d) \twithout obtaining a licence in the prescribed form or in contravention of any of the provisions of a licence, grows jute on any area of land not specified in such licence in any year in respect of which a declaration has been made by the Government under section 9, or 7(dd) \tgrow jute in contravention of any notification under section 9A, or (e)\tvoluntarily obstructs or prevents a recording officer, or any person authorised by the Director of Land Records under sub section (3) of section 14, or any Government servant, from entering upon, examining or making a survey of, any land for the purposes of this Act or from performing any of the duties imposed by this Act, or (f)\tabets any act punishable under this clause, shall, on conviction, be punishable with imprisonment which may extend to six months or with fine which may extend to three hundred and fifty Taka, or with both; (2) \tno prosecution for an offence punishable under clause (1), shall be instituted except upon complaint by a recording officer or by a Government servant authorised by the Collector under sub section (4) of section 3 or by a person authorised by the Director of Land Records under sub section (3) of section 14; and (3) whoever intentionally fails to comply with a notification issued under sub section (1) of section 7 or intentionally produces a false statement of accounts under clause (b) of sub section (1) of section 7 or obstructs or prevents the authorised officers from carrying out the functions of sub-section (2) of that section shall, on conviction, be punishable with imprisonment, which may extend up to six months, or with fine which may extend to five hundred Taka or with both.",
"name": "Penalties",
"related_acts": "",
"section_id": 18
},
{
"act_id": 185,
"details": "17. (1) Any officer authorised by the Government in this behalf may, with such persons to assist him as he may require, enter upon and inspect any land and destroy any jute grown, without obtaining a licence in the prescribed form, or in contravention of any of the provisions of a licence, or in contravention of any notification under section 9A, and, for such entry, inspection destruction, may use such force as may be necessary. (2) Costs incurred for destruction of jute under sub-section (1) shall be recoverable from the person or persons in possession of the land as a public demand.",
"name": "Destruction of jute grown without a licence",
"related_acts": "",
"section_id": 19
},
{
"act_id": 185,
"details": "18. The Chairman and every other member of a Committee, a recording officer, and any person authorised by the Collector or the Director of Land Records for any of the purposes of this Act, shall be deemed to be a public servant within the meaning of section 21 of the 8Penal Code.",
"name": "Certain persons deemed to be public servants",
"related_acts": "",
"section_id": 20
},
{
"act_id": 185,
"details": "19. Proceedings under sections 3, 4, 5, 10, 11, 12 and 14 shall be deemed to be judicial proceedings within the meaning of section 228 of the 9Penal Code, but notwithstanding anything contained in any other law, no prosecution for an offence punishable under that section in respect of any such proceedings shall be instituted except with the previous sanction of the Sub-divisional Magistrate.",
"name": "Certain proceedings deemed to be Judicial proceedings",
"related_acts": "",
"section_id": 21
},
{
"act_id": 185,
"details": "20. No suit, prosecution or legal proceeding shall, in respect of anything done or intended to be done in good faith under this Act or the rules, lie against any Chairman or other member of a Committee or any recording officer or any Government servant or any person authorised by the Director of Land Records for any of the purposes of this Act.",
"name": "Indemnity",
"related_acts": "",
"section_id": 22
},
{
"act_id": 185,
"details": "21. Subject to the control of the Government, the Director of Land Records may delegate to any person subordinate to him the exercise of all or any of the powers conferred, and the performance of all or any of the duties imposed, upon him by this Act or the rules.",
"name": "Power of Director of Land Records to delegate authority",
"related_acts": "",
"section_id": 23
},
{
"act_id": 185,
"details": "22. All fees payable under this Act shall be realised and disposed of in the manner prescribed.",
"name": "Realisation and disposal of fees",
"related_acts": "",
"section_id": 24
},
{
"act_id": 185,
"details": "23. (1) The Government may, after previous publication, make rules for carrying out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, the Government may make rules to provide for all or any of the following matters:- (a) the appointment and duties of recording officers; (b) the manner and form in which the record referred to in sub section (1) of section 3 shall be prepared; (c) the exercise of the powers conferred by clauses (a) and (b) of sub section (4) of section 3; (d) the manner of publication of the notice published under sub section (4) of section 3, and the form of such notice; (e) the manner of furnishing a copy of the entry in the record under sub section (1) of section 4; (f) the period allowed for the making of, and the manner of making, objections and applications under sub section (2) of section 4; (g) the appointment of authorities to hear objections and applications under sub section (2) of section 4, and the manner of hearing such objections and applications; (h) the manner of correcting and authenticating the record under sub section (1) of section 5, the manner of applying for the revision of the final record, the fee payable for making such an application, and the manner of examining and revising the final record under that sub section; (i) the constitution of a Committee and the appointment of the members and Chairman thereof; (j) the procedure to be followed by, the quorum at a meeting of, and the manner of filling casual vacancies among, members of the Committee; (k) the exercise by the Collector of the powers conferred upon him by section 6; (l) the form of the statement referred to in sub section (1), and the exercise of the powers conferred by sub section (2), of section 7; 10* * * (n) the publication of a notification under section 9 or section 9A; (o) the manner of making an allotment under sub-section (1) of section 10, and the period within which such allotment shall be made; (p) the manner of giving notice of, and the form and manner of issue of, a licence under sub section (1) of section 10, and the manner of signing and sealing, such licence or a copy thereof; (q) the manner of making an application under sub-section (2) of section 10; (r) the manner of, and the fee payable for, preferring an appeal under section 12; (s) the manner of making an examination under section 14, and the exercise of the powers conferred by sub section (3) of that section; (t) the manner of reporting to the Sub-divisional Magistrate under sub section (2) of section 14 and the form of such report; and (u) the manner of realisation and disposal of fees payable under this Act. (3) In making any rule under this section the Government may direct that any person committing a breach thereof shall, on conviction by a Court, be punishable with fine, which may extend to fifty Taka, and where the breach is a continuing one, with a further fine which may extend to ten Taka for every day, after the first, during which the breach continues subsequent to such conviction.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 25
}
],
"text": "An Act to provide for the regulation of the growing of jute, and for that purpose to provide for the preparation of a record of the lands on which jute was grown in any year. 1♣ WHEREAS it is expedient to provide for the regulation of the growing of jute, and for that purpose to provide for the preparation of a record of the lands on which jute was grown in any year; It is hereby enacted as follows:-"
} |
{
"id": 186,
"lower_text": [
"1 Throughout this Act, the words “Bangladesh”, “Government”, “Taka” and “Principal Registrar” were substituted for the words “East Pakistan” or “Pakistan”, “Provincial Government”, “rupees” or “rupee” and “Provincial Registrar” respectively by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The word “Bengal” was omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 Clause (3) was omitted by section 2 and the First Schedule of the East Pakistan Repealing and Amending Ordinance, 1960 (East Pakistan Ordinance No. XXVIII of 1960)",
"4 The words, comma and figure “Co-operative Societies Act, 1912 or the Bengal” were omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"5 The word “Parliament” was substituted for the words “the Provincial Legislature” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"6 Clause (7) was substituted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"7 The words “the Government” was substituted for the words “the Central Government or any Provincial Government” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"8 The word “or” was added at the end of paragraph (iii) and thereafter a new paragraph (iv) was added by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"9 The words “Supreme Court” were substituted for the words “High Court of East Pakistan” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"10 Clause (18) was omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"11 The words, comma and figure “the Bangladesh Bank Order, 1972” were substituted for the words “the State Bank of Pakistan Act, 1956” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"12 The word “Parliament” was substituted for the words “the Provincial Legislature” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"13 Clause (a) was omitted by the First Schedule of the East Pakistan Repealing and Amending Ordinance, 1960 (East Pakistan Ordinance No. XXVIII of 1960)",
"14 The word “Bengal” was omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"15 The words “High Court Division” were substituted for the words “High Court” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"16 Sub-section (2A) was inserted by section 3 of the Bengal Money-Lenders (Amendment) Ordinance, 1969 (Ordinance No. VIII of 1969)",
"17 The word “Bengal” was omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"18 The word “Bengal” was omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Money-Lenders Act, 1940 (Bengal Act)",
"num_of_sections": 45,
"published_date": "1st August, 1940",
"related_act": [
160,
136,
169,
10,
75,
46,
175,
48,
430,
86,
88,
24,
26
],
"repelled": false,
"sections": [
{
"act_id": 186,
"details": "1. (1) This Act may be called the 2* * * Money-lenders Act, 1940. (2) It extends to the whole of Bangladesh. (3) It shall come into force on such date as the Government may, by notification in the official Gazette, appoint.",
"name": "Short title, extent and commencement",
"related_acts": "",
"section_id": 1
},
{
"act_id": 186,
"details": "2. In this Act, unless there is anything repugnant in the subject or context,- (1)\t“bank” means a banking company as defined in section 277F of the Companies Act, 1913, whether incorporated in or outside Bangladesh; (2) \t“borrower” means a person to whom a loan is advanced and includes a successor-in-interest or surety; 3* * * (4) \t“commercial loan” means a loan advanced to any person to be used by such person solely for the purposes of any business or concern relating to trade, commerce, industry, mining, planting, insurance, transport, banking or entertainment, or to the occupation of wharfinger, warehouseman or contractor or any other venture of a mercantile nature, whether as proprietor or principal or agent or guarantor; Explanation.- Notwithstanding anything contained in any agreement relating thereto, a loan shall not be deemed to be a commercial loan unless it is in substance a loan to be used solely for any of the purposes referred to in this clause. (5)\t“co-operative life insurance society”, “mutual insurance company” and “provident society” have the same meanings as in the Insurance Act, 1938; (6) \t“co-operative society” means a society registered under the 4* * * Co-operative Societies Act, 1940, or any Act of 5Parliament, for the time being in force, relating to such societies; 6(7) “insurance company” means an Insurance Company within the meaning of the Insurance Act, 1938; (8) \t“interest” includes any sum by whatsoever name called, in excess of the principal paid or payable to a lender in consideration of, or otherwise in respect of, a loan whether the same is charged or sought to be recovered specifically by way of interest or otherwise, but does not include any sum lawfully charged by a lender in accordance with the provisions of this Act or any other law for the time being in force for or on account of costs, charges or expenses; (9) \t“lender” means a person who advances a loan and includes a money-lender; (10)\t“licence” means a licence granted under this Act; (11) “life assurance company” means a company whose business is the issue of, or the undertaking of liability under, policies of assurance upon human life, or the granting of annuities upon human life; (12) \t“loan” means an advance, whether of money or in kind, made on condition of repayment with interest and includes any transaction which is in substance a loan but does not include- (a)\ta deposit of money or other property, (b) \ta loan to, or by, or a deposit with, any society or association registered under the Societies Registration Act, 1860, or under any other law relating to public, religious or charitable objects; (c)\ta loan taken or advanced by 7the Government or by any local authority in Bangladesh; (d) \ta loan advanced before or after the commencement of this Act- (i) \tby a bank which was a scheduled bank on the first day of January, 1939, or by a bank which has been declared to be a notified bank under section 3, whether or not such bank was a scheduled bank or was so declared to be a notified bank, as the case may be, at the time the loan was advanced; or (ii) \tby a co-operative life insurance society, co-operative society, insurance company, life assurance company, mutual insurance company, provident insurance society or provident society or from a provident fund; or (iii)\tby the Agricultural Development Finance Corporation established under the Agricultural Development Finance Corporation Act, 1952; 8or (iv)\tby the Krishi Bank established under the Bangladesh Krishi Bank Order, 1973; (e)\tan advance made on the basis of a negotiable instrument as defined in the Negotiable Instruments Act, 1881, other than a promissory note; (f) \ta commercial loan; (g)\ta loan advanced to any person for the purchase or construction of a house or for the construction of a house together with the purchase of the site thereof, within the limits of any area which has been or may hereafter be constituted a municipality under the provisions of the Municipal Administration Ordinance, 1960, if such loan is subject to the condition of repayment by instalments extending over a period of ten years or more; (h) \ta loan made to or by the Administrator-General and Official Trustee of Bangladesh or the Administrator of Waqfs or the Official Assignee or the Official Receiver of the 9Supreme Court; (i) \ta loan or debenture in respect of which dealing are listed on any Stock Exchange; (13) “money-lender” means a person who carries on the business of money-lending in Bangladesh or who has a place of such business in Bangladesh, and includes a pawnee as defined in section 172 of the Contract Act, 1872; (14) \t“money-lending business” and “business of money-lending” mean the business of advancing loans either solely or in conjunction with any other business; (15) \t“prescribed” means prescribed by rules made under this Act; (16) \t“principal” means in relation to a loan, the amount actually advanced to the borrower; (17) \t“provident fund” has the same meaning as in the Provident Funds Act, 1925; 10* * * (19) \t“register” means a register of money-lenders maintained under section 7; (20) \t“scheduled bank” has the same meaning as in 11the Bangladesh Bank Order, 1972; (21) \t“suit” includes an appeal; (22) \t“suit to which this Act applies” means any suit \tor proceeding instituted or filed on or after the 1st day of January, 1939, or pending on that date and includes a proceeding in execution- (a) \tfor the recovery of a loan advanced before or after the commencement of this Act; (b) \tfor the enforcement of any agreement entered into before or after the commencement of this Act, whether by way of settlement of account or otherwise, or of any security so taken, in respect of any loan advanced whether before or after the commencement of this Act; or (c) \tfor the redemption of any security given before or after the commencement of this Act in respect of any loan advanced whether before or after the commencement of this Act.",
"name": "Definitions",
"related_acts": "175,175,10,46,26,136",
"section_id": 2
},
{
"act_id": 186,
"details": "3. The Government may, by notification in the official Gazette, declare any bank to be a notified bank for the purposes of this Act: Provided that no bank shall be so declared to be a notified bank unless it complies with such conditions as may, with the approval of 12Parliament, be prescribed.",
"name": "Notified bank",
"related_acts": "",
"section_id": 3
},
{
"act_id": 186,
"details": "4. Notwithstanding anything contained in any other law, the Courts (hereinafter referred to as Competent Courts) which have jurisdiction to entertain proceedings under sections 16 and 19 and to pass orders therein are the Courts hereinafter specified, within the local limits of whose jurisdiction the money-lender actually and voluntarily resides or carries on the business of money-lending- 13* * * (b) \tthe Court of the District Judge (hereinafter called a “District Court”) and any Court to which he may transfer the proceedings.",
"name": "Competent Courts under this Act",
"related_acts": "",
"section_id": 4
},
{
"act_id": 186,
"details": "5. (1) Subject to the provisions of this Act, a Competent Court shall, in proceedings under section 19, have the same powers and shall follow the same procedure as it has and follows in civil suits, and the provisions of section 24 of the Code of Civil Procedure, 1908, shall apply to such proceedings. (2) Every order made by a Competent Court under this Act shall be subject to appeal in accordance with the provisions of the Code of Civil Procedure, 1908, applicable to appeals.",
"name": "Procedure in Competent Courts",
"related_acts": "86,86",
"section_id": 5
},
{
"act_id": 186,
"details": "6. There shall be a Principal Registrar for the purposes of this Act and as many Registrars and Sub-Registrars of money-lenders for assisting the Registrar as the Government may from time to time determine. The Government may define, by notification in the official Gazette, the area within which each such officer shall exercise his powers and perform his duties and may prescribe the control which shall be exercised by the Principal Registrar over Registrars and Sub-Registrars and by a Registrar over Sub-Registrars: Provided that no person who is not a Government servant shall be empowered to act as a Principal Registrar, Registrar or Sub-Registrar under this Act.",
"name": "Appointment of Provincial and other Registrars",
"related_acts": "",
"section_id": 6
},
{
"act_id": 186,
"details": "7. Each Sub-Registrar shall maintain in the prescribed form a register of money-lenders holding licences issued by him.",
"name": "Register of money-lenders",
"related_acts": "",
"section_id": 7
},
{
"act_id": 186,
"details": "8. After such date not less than six months after the commencement of this Act as the Government shall, by notification in the official Gazette, appoint in this behalf, no money-lender shall carry on the business of money-lending unless he holds an effective licence. Explanation.- An effective licence for the purposes of this Act comprises a licence issued to a person who is not disqualified for holding a licence.",
"name": "Money-lending business not to be carried on except under licence",
"related_acts": "",
"section_id": 8
},
{
"act_id": 186,
"details": "9. (1) A licence shall be valid throughout the whole of Bangladesh for a period of three years from the date of its issue or until it is cancelled. (2) On the expiration of the period for which the licence was granted or on the cancellation of a licence it shall be returned by the money-lender to the Sub-Registrar who issued it.",
"name": "Licences",
"related_acts": "",
"section_id": 9
},
{
"act_id": 186,
"details": "10. There shall be paid to the Government a fee of fifteen Taka for a licence issued under this Act: Provided that the Government may, by notification in the official Gazette, remit any part of such fee either generally or for any particular class of money-lenders.",
"name": "Licence fee",
"related_acts": "",
"section_id": 10
},
{
"act_id": 186,
"details": "11. An application for the grant of a licence shall be made in the prescribed form and manner to the Sub-Registrar within the local limits of whose jurisdiction the money-lender has a place of money-lending business and shall contain such particulars as may be prescribed.",
"name": "Application for licences",
"related_acts": "",
"section_id": 11
},
{
"act_id": 186,
"details": "12. On receipt of an application under section 11 and on payment in the prescribed manner of the licence fee specified in section 10, the Sub-Registrar shall, subject to the provisions of section 16, enter the name of the applicant in the register and grant the applicant a licence in such form as may be prescribed.",
"name": "Entry in register and grant of licences",
"related_acts": "",
"section_id": 12
},
{
"act_id": 186,
"details": "13. (1) No Court shall pass a decree or order in favour of a money-lender in any suit instituted by a money-lender for the recovery of a loan advanced after the date notified under section 8, or in any suit instituted by a money-lender for the enforcement of an agreement entered into or security taken, or for the recovery of any security given, in respect of such loan, unless the Court is satisfied that, at the time or times when the loan or any part thereof was advanced, the money-lender held an effective licence. (2) If during the trial of a suit to which sub-section (1) applies, the Court finds that the money-lender did not hold such licence, the Court shall, before proceeding with the suit, require the money-lender to pay in the prescribed manner and within the period to be fixed by the Court such penalty as the Court thinks fit, not exceeding three times the amount of the licence fee specified in section 10. (3) If the money-lender fails to pay the penalty within the period fixed under sub-section (2) or within such further time as the Court may allow, the Court shall dismiss the suit; if the money-lender pays the penalty within such period, the Court shall proceed with the suit. (4) The provisions of this section shall apply to a claim for a set-off by or on behalf of a money-lender. (5) In this section, the expression “money-lender” includes an assignee of a money-lender, if the Court is satisfied that the assignment was made for the purposes of avoiding the payment of licence fee and penalty which may be ordered to be paid under this section.",
"name": "Stay of suit when money-lender does not hold licence",
"related_acts": "",
"section_id": 13
},
{
"act_id": 186,
"details": "14. (1) A person shall be disqualified for holding a licence- (a)\tif so ordered by a Court under section 20, for the period ordered; (b)\tif he has been convicted of any offence specified in the Schedule to this Act and if such conviction has not been set aside by any Court of appeal or revision under any law for the time being in force. (2) The Government may, at any time, on application in the prescribed form accompanied by the prescribed fee, remove a disqualification referred to in sub-section (1), having regard to the time which has elapsed since the order and the circumstances under which it was made or to the time which has elapsed since the conviction and to the nature of the offence.",
"name": "Disqualification of persons for holding a licence",
"related_acts": "",
"section_id": 14
},
{
"act_id": 186,
"details": "15. Where it is required to be proved for the purposes of this Act that any person has been convicted of an offence specified in the Schedule to this Act or has been disqualified by an order of a Court for holding a licence, such conviction or order may be proved, in addition to any other mode provided by any law for the time being in force- (a)\tby an extract certified under the signature of the officer having the custody of the records of the Court in which such conviction was had, or such order was passed, to be a copy of the sentence or order, or (b) \tin the case of a conviction, by a certificate signed by the officer in charge of the jail, in which the punishment or any part thereof was undergone, or by the production of the warrant of commitment under which the punishment was suffered, together with, in each of such cases, evidence as to the identity of the person so convicted or in respect of whom such order was passed.",
"name": "Proof of conviction or order for disqualification",
"related_acts": "",
"section_id": 15
},
{
"act_id": 186,
"details": "16. (1) The grant of a licence shall not be refused except one or more of the following grounds, namely:- (a)\tthat the applicant has not complied with the provisions of this Act or of the rules made thereunder in respect of an application for the grant of a licence; (b)\tthat the applicant or any person responsible or proposed to be responsible for the management of the applicant's money-lending business is under this Act disqualified for holding a licence; (c)\tthat the applicant is not a citizen of Bangladesh. (2) \tA Sub-Registrar refusing a licence- (i)\tunder clause (a) of sub-section (1) shall record his reasons for such refusal; (ii)\tunder clause (b) of sub-section (1) shall record the evidence of the disqualification. (3) An appeal from the orders of a Sub-Registrar refusing a licence shall, if made within thirty days from the date of such order, lie to a Registrar authorised under section 6 to hear such appeal. (4) A Registrar referred to in sub-section (3) may decide, if such appeal is allowed, as to the Sub-Registrar to whom application for a licence shall be made and his decision shall, subject to the provisions of sub-section (5), be final for all purposes, and shall be binding on such Sub-Registrar whether he be under the control of such Registrar or not. (5) A Competent Court may, on application made within ninety days from the date of the decision of the Registrar in appeal under sub-section (3), revise such decision. (6) The procedure to be followed by a Competent Court or by a Registrar in proceedings under this section shall be in accordance with rules prescribed under this Act. (7) The provisions of sections 4, 5 and 12 of the Limitation Act, 1908, shall apply to all appeals and applications for revision made under this section, and for the purposes of the said sections a Registrar shall be deemed to be a Court.",
"name": "Refusal to grant licence",
"related_acts": "88",
"section_id": 16
},
{
"act_id": 186,
"details": "17. Any Sub-Registrar may, after giving the money-lender to whom a licence entered in the register maintained by such Sub-Registrar was issued an opportunity of being heard, cancel the licence if it is proved that such money-lender was disqualified for holding a licence at the time when such licence was issued; and thereupon the provisions of clause (ii) of sub-section (2) and of sub-sections (3), (4), (5), (6) and (7) of section 16 shall apply.",
"name": "Cancellation of licence by a Sub-Registrar",
"related_acts": "",
"section_id": 17
},
{
"act_id": 186,
"details": "18. For the purposes of an inquiry under this Act relating to a disqualification for holding a licence a Registrar or a Sub-Registrar shall have and may exercise the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908, in respect of enforcing the attendance of any person and examining him on oath.",
"name": "Power to Registrar and Sub-Registrar to examine any person on oath",
"related_acts": "86",
"section_id": 18
},
{
"act_id": 186,
"details": "19. Any borrower may, in respect of any money-lender from whom he has taken a loan, make an application to a Competent Court for an order under section 20 on the ground that such money-lender has committed such contravention of the provisions of this Act or the rules made thereunder as render him unfit to carry on the business of money-lending, and on receipt of such application, the said Court shall hold such inquiry as it deems necessary.",
"name": "Application for cancellation of licence",
"related_acts": "",
"section_id": 19
},
{
"act_id": 186,
"details": "20. (1) A Competent Court on an application under section 19 or a Court trying a suit to which this Act applies or a Court passing an order of conviction upon a money-lender for an offence under this Act, if satisfied that the money-lender has committed such contravention of the provisions of this Act or of the rules made thereunder as, in its opinion, makes him unfit to carry on the business of money-lending- (a)\tshall cause the particulars of the conviction, if any, and of any order passed by the Court under this sub-section to be endorsed on the licence held by the money-lender or by any other person affected by such order; and (b)\tmay declare such money-lender or any person responsible for the management of his money-lending business or both disqualified for holding a licence for such period as the Court may think fit and shall cancel and impound the licence held by the money-lender: Provided that, except in the case of an order passed by a District Court or by the Court of an Additional District Judge, the period of disqualification shall not exceed one year. (2) If a Court other than a District Court or the Court of an Additional District Judge is of opinion that a period of disqualification exceeding one year should be imposed, it shall record its opinion and forward the proceedings to the District Court having jurisdiction in the place where such Court is held. (3) The District Court to which such proceedings are submitted may, if it thinks fit, examine the parties and recall and examine any person who has already given evidence in the proceedings, and may call for and take any further evidence, and shall pass such order in the case as it thinks fit in accordance with the provisions of sub-section (1). (4) Any person aggrieved by the decision of a Court under this section may appeal against such order, to the Court to which an appeal ordinarily lies from the decision of the Court passing the order; and the Court which passed the order or the Court of appeal may, if it thinks fit, stay the operation of the order under this section pending the disposal of the appeal: Provided that where the Court of appeal sets aside or varies an order passed under this section, it shall order that any endorsements made in pursuance thereof upon a licence held by a money-lender shall be erased or modified. (5) The substance of any order passed under sub-section (1), sub-section (3) or sub-section (4) shall be sent forthwith in the prescribed form by the Court passing the order to the Principal Registrar and also together with the cancelled licence to the Sub-Registrar who maintains the register in which the licence affected has been entered for entry in the said register and for such circulation of the substance of the said order to other Registrars as may be prescribed. (6) Any licence required by a Court for endorsement under sub-section (1) shall be produced in such manner and at such time as the Court may direct by the person by whom it is held, and any person who without reasonable cause makes default herein shall be liable on conviction to a fine not exceeding fifty Taka for each day of the period during which the default continues. (7) The powers conferred on a Court under sub-section (1) may be exercised by a Court in appeal or in revision.",
"name": "Court’s power to cancel a licence",
"related_acts": "",
"section_id": 20
},
{
"act_id": 186,
"details": "21. A person whose licence has been cancelled shall not be entitled to any compensation on such account nor to the refund of any licence fee paid in respect of such licence.",
"name": "No compensation for cancellation of licence",
"related_acts": "",
"section_id": 21
},
{
"act_id": 186,
"details": "22. All licence fees and all penalties imposed under this Act shall be recoverable as public demands.",
"name": "Licence fees and penalties recoverable as public demands",
"related_acts": "",
"section_id": 22
},
{
"act_id": 186,
"details": "23. (1) Whoever being disqualified for holding a licence, applies for or obtains a licence during the pendency of such disqualification, without disclosing the fact thereof, shall be punishable, on conviction, with imprisonment which may extend to three months or with fine which may extend to five hundred Taka or with both, and any licence so obtained shall not be deemed to be an effective licence. (2) Whoever obliterates or causes to be obliterated or attempts to obliterate an endorsement entered on a licence under this Act or abets such obliteration or attempt shall be punishable, on conviction, with imprisonment which may extend to three months or with fine which may extend to five hundred Taka or with both.",
"name": "Offences in respect of licences",
"related_acts": "",
"section_id": 23
},
{
"act_id": 186,
"details": "24. (1) Every money-lender shall keep and maintain at least a cash book, a ledger and a receipt book in such form or forms as may be prescribed, and the same shall be written in Bengali or English in the regular course of business. (2) Every money-lender shall- (a)\tdeliver to the borrower at the time a loan is advanced a statement in Bengali or English as the borrower may desire, in such form as may be prescribed and showing such details of the conditions of the loan and such other information connected therewith as may be prescribed; (b)\tgive to the borrower a plain and complete receipt for every payment made on account of any loan at the time of such payment; (c)\tupon repayment in full of a loan mark indelibly with words indicating full payment or cancellation every paper signed by the borrower, and discharge any mortgage, restore any pledge, return any note and cancel any assignment given by the borrower as security. (3) Notwithstanding anything contained in the Evidence Act, 1872, a copy of the account referred to in sub-section (1) shall, if certified in such manner as may be prescribed, be admissible as evidence of the contents of such account.",
"name": "Duty of money-lender to keep accounts",
"related_acts": "24",
"section_id": 24
},
{
"act_id": 186,
"details": "25. (1) Every money-lender shall, within two months of the commencement of each year, furnish each of his borrowers with a legible statement of accounts in Bengali or English as the borrower may desire signed by the money-lender or his agent and showing the amount outstanding against the borrower; such statement shall be in the prescribed form and shall show- (a)\tthe amounts of principal and interest due to the money-lender at the commencement of the year; (b) \tthe amounts of any sums advanced to the borrower from time to time since the commencement of the year and the dates on which they were advanced; (c) \tthe amounts of any payments received from the borrower since the commencement of the year in respect of loans outstanding and the dates on which they were received; (d)\tthe amount of every sum due from the borrower remaining unpaid and the date on which each such sum became due and the amount of interest accrued due and unpaid in respect of every such sum; (e)\tthe amount of every sum not yet due which remains outstanding and the date upon which each such sum will become due; and (f) \tsuch other particulars as may be prescribed. (2) In respect of any particular loan, whether advanced before or after the commencement of this Act, a money-lender shall, on demand being made in writing by the borrower at any time while the loan or any portion thereof remains outstanding, supply to the borrower or to any person specified in that behalf in the demand, within thirty days from the date of receipt of the written demand by the money-lender or his duly authorised agent, a statement in Bengali or English as the borrower may desire, signed by the money-lender or his agent and showing in the prescribed form any or all of the particulars specified in sub-section (1): Provided that the money-lender shall not be bound to comply with such demand if he has complied with a demand made not more than six months prior to the date thereof, or if within such period of six months he has furnished the statement required by sub-section (1). (3) A money-lender shall, on a demand in writing by the borrower, supply to the borrower or to any person specified in that behalf in the demand a copy of any document evidencing an agreement to secure repayment of a loan advanced to the borrower: Provided that a money-lender shall not be bound to comply with such a demand if he has previously furnished the borrower with such copy, except on payment of such fee as may be prescribed. (4) In this section the expression “year” means the year for which the accounts of the money-lender are ordinarily maintained in his own books.",
"name": "Money-lenders to furnish statements of accounts",
"related_acts": "",
"section_id": 25
},
{
"act_id": 186,
"details": "26. A borrower to whom a statement of accounts has been furnished under section 25 shall not be bound to acknowledge or deny its correctness, and his failure to do so shall not, by itself, be deemed to be an admission of the correctness of the account.",
"name": "Borrower not bound by money-lender’s statement of accounts",
"related_acts": "",
"section_id": 26
},
{
"act_id": 186,
"details": "27. Notwithstanding anything contained in any law for the time being in force, in any suit to which this Act applies- (a)\ta Court shall, before deciding the claim on its merits, frame and decide the issue whether the money-lender has in respect of the claim in suit complied with the provisions of sections 24 and 25; and (b) \tif the Court finds that the provisions of either of the said sections have not been so complied with, it may, if the plaintiff's claim is established either wholly or in part, disallow the whole or such portion of the interest found due as may, in the circumstances of the case, appear reasonable to the Court, and may also disallow costs, or in computing the amount of interest due upon the loan, the Court may exclude any period for which the money-lender omitted to comply with the provisions of either of the said sections: Provided that if the money-lender has, after the time specified in the said sections, given the receipt or furnished the statement, as the case may be, and if he satisfies the Court that he had sufficient cause for not doing so earlier, the Court may include any such period in computing the interest. Explanation.- A money-lender who has given a receipt or furnished a statement in the prescribed form shall be held to have complied with the provisions of section 24 or section 25, as the case may be, in spite of any errors and omissions in such receipt or statement, if the Court finds that such errors and omissions are neither material nor made fraudulently.",
"name": "Procedure in suits relating to loans by money-lenders",
"related_acts": "",
"section_id": 27
},
{
"act_id": 186,
"details": "28. (1) Where any debt in respect of - (i) \ta loan advanced by a lender, whether before or after the commencement of this Act, or (ii) \tinterest on any such debt, or (iii)\tthe benefit of any agreement made, or security taken, in respect of any such debt or interest, is assigned to any person, the assignor (whether he is the lender by whom the loan was advanced or any person to whom the debt has been previously assigned) shall, before the assignment is made,- (a)\tgive to the assignee notice in writing that the debt, interest thereon, agreement or security is affected by the operation of this Act, and (b)\twhere the debt is in respect of a loan advanced by a money-lender, supply to the assignee in such form as may be prescribed all information as to the state of the loan together with copies of documents relating thereto. (2) Any person who acts in contravention of any of the provisions of this section shall be liable to indemnify any other person who is prejudiced by the contravention, and shall also be punishable, on conviction, with imprisonment which may extend to one year or with fine which may extend to one thousand Taka or with both. (3) In this section the expression “assigned” means assigned by an assignment inter vivos other than an assignment by operation of law; and the expressions “assignor” and “assignee” have corresponding meanings.",
"name": "Notice and information to be given on assignment of loans by lenders",
"related_acts": "",
"section_id": 28
},
{
"act_id": 186,
"details": "29. (1) Subject as hereinafter provided, the provisions of this Act shall continue to apply as respects any debt due to a lender or money-lender in respect of loans advanced by him after the commencement of this Act or in respect of interest on such loans or of the benefit of any agreement made or security taken in respect of any such debt or interest notwithstanding that the debt or the benefit of the agreement or security may have been assigned to any assignee, and except where the context otherwise requires, references in this Act to a lender or money-lender shall accordingly be construed as including any such assignee as aforesaid: Provided that, notwithstanding anything contained in this Act- (a)\tany agreement with, or security taken by, a lender or money-lender in respect of a loan advanced by him after the commencement of this Act shall be valid in favour of any bona fide assignee or holder for value without notice of any defect due to the operation of this Act and of any person deriving title under him; and (b)\tany payment or transfer of money or property made bona fide by any person, whether acting in a fiduciary capacity or otherwise on the faith of the validity of any such agreement or security, without notice of any such defect shall, in favour of that person, be as valid as it would have been if the agreement or security had been valid; but in every such case the lender or money-lender shall be liable to indemnify the borrower or any other person who is prejudiced by virtue of this section, and nothing in this proviso shall render valid an agreement or security in favour of, or apply to proceedings instituted by, an assignee or holder for value who is himself a money-lender. (2) The provisions of this Act shall apply and be deemed always to have applied and shall continue to apply as respects any debt due to a lender or money-lender in respect of loans advanced by him before the commencement of this Act or in respect of interest on such loans or of the benefit of any agreement made or security taken in respect of any such debt or interest, notwithstanding that the debt or the benefit of the agreement or security may have been assigned to any assignee, and except where the context otherwise requires, references in this Act to a lender or money-lender shall accordingly be construed as including any such assignee as aforesaid. (3) Nothing in this section shall render valid for any purpose any agreement, security or other transaction which would, apart from the provisions of this Act, have been void or unenforceable.",
"name": "Application of Act as respects assignees",
"related_acts": "",
"section_id": 29
},
{
"act_id": 186,
"details": "30. Notwithstanding anything contained in any law for the time being in force, or in any agreement, (1)\tno borrower shall be liable to pay after the commencement of this Act- (a)\tany sum in respect of principal and interest which together with any amount already paid or included in any decree in respect of a loan exceeds twice the principal of the original loan, (b)\ton account of interest outstanding on the date up to which such liability is computed, a sum greater than the principal outstanding on such date, (c)\tinterest at a rate per annum exceeding in the case of- (i)\tunsecured loans, ten per centum simple, (ii)\tsecured loans, eight per centum simple, whether such loan was advanced or such amount was paid or such decree was passed or such interest accrued before or after the commencement of this Act; (2)\tno borrower shall after the commencement of this Act, be deemed to have been liable to pay before the date of such commencement in respect of interest paid before such date or included in a decree passed before such date, interest at rates per annum exceeding those specified in sub-clause (c) of clause (1); (3)\ta lender shall be entitled to institute a suit at any time after the commencement of this Act in respect of a transaction to which either or both of the preceding clauses applies or apply.",
"name": "Limitations as to the amount and rate of interest recoverable",
"related_acts": "",
"section_id": 30
},
{
"act_id": 186,
"details": "31. Notwithstanding anything contained in any law for the time being in force, no Court shall, in any decree passed in any suit to which this Act applies- (a)\tif the loan to which the decree relates was advanced before the commencement of this Act, allow any interest on the decretal amount, or (b) \tif the loan to which the decree relates was advanced after the commencement of this Act, allow any interest other than interest not exceeding six per centum per annum on the principal sum adjudged.",
"name": "Prohibition of interest on decretal amount",
"related_acts": "",
"section_id": 31
},
{
"act_id": 186,
"details": "32. In the case of loans in kind, the money value of the commodity at the time when, and in the locality where, the loan was advanced shall, for the purposes of this Act, be deemed to be the principal of the loan, and in determining the amount which may, subject to the provisions of this chapter, be decreed in respect of any loan repayable in kind, the Court shall take into consideration the market value of the commodity in the said locality at the date or dates of repayment.",
"name": "Computation of interest on loans in kind",
"related_acts": "",
"section_id": 32
},
{
"act_id": 186,
"details": "33. Any agreement between a lender and a borrower or intending borrower for the payment to the lender of any sum on account of costs, charges or expenses incidental or relating to the negotiations for, or the granting of, the loan or proposed loan, shall be illegal, and if any sum is paid to a lender by the borrower or intending borrower as, for or on account of any such costs, charges or expenses, that sum shall be recoverable as a debt due to the borrower or intending borrower, or in the event of the loan being completed, shall, if not so recovered, be set off against the amount actually lent and that amount shall be deemed to be reduced accordingly: Provided that nothing in this section shall debar a lender from recovering the costs of investigating title, of stamp duty and registration of documents and other necessary and incidental expenses in cases where the agreement includes a stipulation that property is to be given as security or by way of mortgage, or the costs of stamp duty and registration of documents in the case of unsecured loans, if both parties have agreed to such expenditure and the reimbursement thereof, nor from recovering such costs, charges or expenses as are leviable under the provisions of the Transfer of Property Act, 1882, or any other law for the time being in force.",
"name": "Prohibition of charges for expenses on loans",
"related_acts": "48",
"section_id": 33
},
{
"act_id": 186,
"details": "34. (1) Notwithstanding anything contained in any law for the time being in force, or in any agreement, the Court shall- (a)\tin suits in respect of loans to which the provisions of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908, apply, on the application of the defendant and after hearing the plaintiff, notwithstanding the limit of six months provided therein, direct at the time of the passing of the preliminary decree under rule 2 or rule 4 of the said Order to the effect mentioned in sub-clause (i) of clause (c) of sub-rule (1) of the said rule 2,- (i)\tthat the payment of the amount found or declared due under sub-rule (1) of rule 2 or sub-rule (1) of rule 4 of the said Order, as the case may be, is to be made, subject to such conditions as the Court may impose in such number of annual instalments and on such dates as the Court thinks fit having regard to the circumstances of the plaintiff and the defendant and the amount of the decree; and (ii) \tthat in default of payment of any such instalment the plaintiff shall, after giving to the defendant such notice as may be prescribed, be entitled to apply for a final decree under sub-clause (ii) of clause (c) of sub-rule (1) of the said rule 2 or under sub-rule (1) of the said rule 4, as the case may be, and the date of such default shall be deemed to be the date fixed under sub-clause (i) of clause (c) of sub-rule (1) of the said rule 2 for payment of the whole amount found or declared due under or by the preliminary decree: Provided that nothing in this clause shall affect the power of the Court to allow extension of time under sub-rule (2) of rule 2 or sub-rule (2) of rule 4 of the said Order: Provided further that if the defendant, after receiving the notice referred to in sub-clause (ii) and before a final decree is passed, makes payment into Court of the amount due from him in respect of any such instalment, the payment of such instalment shall not be deemed to be in default and the Court shall not pass a final decree; (b)\tin suits in respect of loans advanced before the commencement of this Act other than those referred to in clause (a)- (i)\ton the application of a defendant and after hearing the plaintiff, order at the time of the passing of the decree, or (ii) \ton the application of a judgment-debtor against whom a decree in such suit has been passed whether before or after the commencement of this Act and after notice to the decree holder, order at any time after the decree has been passed, the amount of the decree shall, subject to such conditions as the Court may impose, be payable without interest in such number of annual instalments, on such dates and within such period not exceeding twenty years as the Court thinks fit having regard to the circumstances of the plaintiff and the defendant or the decree-holder and the judgment-debtor and the amount of the decree, and that, if default is made in making payment of any instalment, that instalment and not the whole of the decretal amount shall be recoverable; (c)\tduring the pendency of any enquiry under sub-clause (ii) of clause (b) order, subject to such conditions as the Court may impose, the stay of execution of the decree. (2) In default of payment of any instalment referred to in clause (b) of sub-section (1), the decree-holder shall, after giving to the judgment-debtor such notice as may be prescribed, be entitled to apply for execution of the decree in respect of such instalment together with interest thereon at the rate of not more than six per centum per annum from the date of such default: Provided that nothing in this sub-section shall affect the power of the Court to allow, prior to an order for execution of the decree, an extension of time of not less than one year for the payment of any instalment, and that if such extension of time is allowed, the payment of such shall not be deemed to be in default: Provided further that if the judgment-debtor, after receiving the notice referred to in this sub-section and prior to an order for execution of the decree, makes payment into Court of the amount due from him in respect of any such instalment, the payment of such instalment shall not be deemed to be in default and the Court shall not order execution of the decree. (3) Any order made under sub-clause (ii) of clause (b) of sub-section (1) shall be deemed to have been passed under section 47 of the Code of Civil Procedure, 1908.",
"name": "Power of Court to direct payment by instalments",
"related_acts": "86,86",
"section_id": 34
},
{
"act_id": 186,
"details": "35. Notwithstanding anything contained in any other law for the time being in force, the proclamation of the intended sale of property in execution of a decree passed in respect of a loan shall specify only so much of the property of the judgment-debtor as the Court considers to be saleable at a price sufficient to satisfy the decree, and the property so specified shall not be sold at a price which is less than the price specified in such proclamation: Provided that, if the highest amount bid for the property so specified is less than the price so specified, the Court may sell such property for such amount, if the decree-holder consents in writing to forego so much of the amount decreed as is equal to the difference between the highest amount bid and the price so specified.",
"name": "Sale of property in execution of decrees in respect of loans",
"related_acts": "",
"section_id": 35
},
{
"act_id": 186,
"details": "36. (1) Notwithstanding anything contained in any law for the time being in force, if in any suit to which this Act applies, or in any suit brought by a borrower for relief under this section whether heard ex parte or otherwise, the Court has reason to believe that the exercise of one or more of the powers under this section will give relief to the borrower, it shall exercise all or any of the following powers as it may consider appropriate, namely, shall- (a)\treopen any transaction and take an account between the parties; (b) \tnotwithstanding any agreement, purporting to close previous dealings and to create new obligations, reopen any account already taken between the parties; (c) \trelease the borrower of all liability in excess of the limits specified in clauses (1) and (2) of section 30; (d) \tif anything has been paid or allowed in account on or after the first day of January, 1939, in respect of the liability referred to in clause (c), order the lender to repay any sum which the Court considers to be repayable in respect of such payment or allowance in account as aforesaid: Provided that in the case of a loan to which the provisions of sub-section (2) of section 29 apply the lender or money-lender and each of his assignees shall be liable to repay the sum which the Court considers to be repayable in respect of and in proportion to the sum received by such lender or money-lender and such assignee; (e)\tset aside either wholly or in part or revise or alter any security given or agreement made in respect of any loan, and if the lender has parted with the security, order him to indemnify the borrower in such manner and to such extent as it may deem just: Provided that in the exercise of these powers the Court shall not- (i)\treopen any adjustment or agreement, purporting to close previous dealings and to create new obligations, which has been entered into at a date more than twelve years prior to the date of the suit by the parties or any person through whom they claim, or (ii)\tdo anything which affects any decree of a Court, other than a decree in a suit to which this Act applies which was not fully satisfied by the first day of January, 1939, or anything which affects an award made under the 14* * * Agricultural Debtors Act, 1935. Explanation.- A decree shall not, for the purposes of this section, be deemed to have been fully satisfied so long as there remains undisposed of an application by the decree-holder for possession of property purchased by him in execution of the decree. (2) If in exercise of the powers conferred by sub-section (1) the Court reopens a decree, the Court- (a)\tshall, after affording the parties an opportunity of being heard, pass a new decree in accordance with the provisions of this Act, and may award to the decree-holder such costs in respect of the reopened decree as it thinks fit, (b)\tshall not do anything which affects any right acquired bona fide by any person, other than the decree-holder, in consequence of the execution of the reopened decree, (c)\tshall order the restoration to the judgment-debtor of such property, if any, of the judgment-debtor acquired by the decree-holder in consequence of the execution of the reopened decree as may be in the possession of the decree-holder on the date on which the decree was reopened, (d) \tshall order the judgment-debtor to pay to the decree-holder, in such number of instalments as it may think fit, the whole amount of the new decree passed under clause (a), and (e) \tshall direct that, in default of the payment of any instalments ordered under clause (d), the decree-holder shall be put into possession of the property referred to in clause (c) and that the amount for which the decree-holder purchased such property in execution of the reopened decree shall be set off against so much of the amount of the new decree as remains unsatisfied. (3) In this section the expression “suit to which this Act applies” includes a proceeding in respect of any application relating to the admission or amount of a proof of a loan advanced before or after the commencement of this Act in any insolvency proceedings. (4) This section shall apply to any suit, whatever its form may be, if such suit is substantially one for the recovery of a loan or for the enforcement of any agreement or security in respect of a loan or for the redemption of any such security. (5) Nothing in this section shall affect the rights of any assignee or holder for value if the Court is satisfied that the assignment to him was bona fide, and that he had not received the notice referred to in clause (a) of sub-section (1) of section 28. (6) Notwithstanding anything contained in any law for the time being in force,- (a)\tthe Court which, in a suit to which this Act applies, passed a decree which was not fully satisfied by the first day of January, 1939, may exercise the powers conferred by sub-sections (1) and (2)- (i)\tin any proceedings in execution of such decree, or (ii) \ton an application for review of such decree made within one year of the date of commencement of this Act, and the provisions of rules 2 and 5 of Order XLVII of the First Schedule to the Code of Civil Procedure, 1908, shall not apply to any such application; (b)\tany Court before which an appeal is pending in respect of decree referred to in clause (a) may either itself exercise the like powers as may be exercised under sub-sections (1) and (2), or refer the case to the Court which passed the decree directing such Court to exercise such powers, and such Court shall after exercise thereof return the record with the additional evidence, if any, taken by it and its findings and the reasons therefore to the Appellate Court and thereupon the provisions of rule 26 of Order XLI of the First Schedule to the Code of Civil Procedure, 1908, shall apply.",
"name": "Re-opening of transactions",
"related_acts": "169,86,86",
"section_id": 36
},
{
"act_id": 186,
"details": "37. Notwithstanding anything contained in any law for the time being in force, no Court shall order execution of a decree passed in any suit to which this Act applies by arrest and detention in prison of the judgment-debtor.",
"name": "Prohibition of execution of decrees by arrest and detention in prison",
"related_acts": "",
"section_id": 37
},
{
"act_id": 186,
"details": "38. (1) Any borrower may make an application at any time to a Court which would have jurisdiction to entertain a suit by the lender for the recovery of the principal and interest of a loan made before or after the commencement of this Act for taking accounts and for declaring the amount due to the lender. Such application shall be in the prescribed form and shall be accompanied by a fee of one Taka, and on receipt of such application the Court shall cause a notice thereof to be served on the lender. (2) The Court shall thereafter take an account of the transactions between the parties and shall declare the amounts, if any,- (a)\tpayable and already due, (b)\tpayable but not yet due by the borrower to the lender, whether as principal or interest or both. In taking accounts under this section the Court shall follow the same procedure as it does in regard to civil suits and, so far as may be, the provisions of Chapters IV, VI and VII. (3) A proceeding under this section shall be deemed to be a suit for the purposes of section 11 of the Code of Civil Procedure, 1908, and a declaration under this section shall be subject to appeal, if any, as if it were a decree of the Court, and every decision in appeal shall be subject to appeal to the 15High Court Division in the same manner as a decree passed in appeal.",
"name": "Inquiry for taking accounts and declaring the amount due",
"related_acts": "86",
"section_id": 38
},
{
"act_id": 186,
"details": "39. (1) Where any sum of money has been declared under sub-section (2) of section 38 to be payable by the borrower to the lender as principal or interest or both, or where a borrower has sent to a lender by postal money order any sum of money due from him to the lender in respect of a loan and the lender has refused to accept the same, the borrower may apply in the prescribed manner to the Civil Court of the lowest grade having jurisdiction over the place where he resides for permission to deposit the said sum in Court to the account of the lender, and the Court shall keep the said sum in deposit. (2) The Court shall thereupon cause notice of the deposit to be served on the lender, and the lender may on presenting a petition, verified as for a plaint and stating the sum then due in respect of the loan and his willingness to accept the money so deposited, receive the sum: Provided that in accepting any sum deposited under this section, a lender shall not be bound by any statement made by the borrower in depositing the same: Provided also that, if the Court is satisfied that the lender has, without reasonable excuse, refused to accept any sum sent to him by postal money order by the borrower in respect of the loan, it may direct the payment to the borrower, from the money so deposited or otherwise, of such sum as damages and costs as it thinks fit. (3) Notwithstanding any agreement between the parties, when the borrower has deposited in Court under this section of the principal or any part thereof, the interest on such any sum due in respect of the loan, if such sum is in payment of the principal or part shall cease from the date of the service of notice on the lender under sub-section (2). (4) Nothing in this section shall affect the operation of sections 83 and 84 of the Transfer of Property Act, 1882, in regard to loans to which those sections apply.",
"name": "Deposit in Court of money due to lender",
"related_acts": "48",
"section_id": 39
},
{
"act_id": 186,
"details": "40. (1) No lender shall take from a borrower or intending borrower any note, promise to pay, power of attorney, bond or security which does not state the actual amount of the loan, the rate of interest charged and time, if any, within which the principal is stipulated to be repaid in full, or which states any of such particulars incorrectly, nor shall he take from any borrower or intending borrower any instrument in which any entry is left blank for completion at a later date. (2) Whoever intentionally contravenes the provisions of sub-section (1) shall, on conviction, be punishable with simple imprisonment which may extend to six months or with fine which may extend to one thousand Taka or with both. 16(2A) Notwithstanding anything contained in the Code of Criminal Procedure, 1898, an offence punishable under sub-section (2) of this section shall be cognizable and bailable. (3) No money-lender shall take from any borrower or intending borrower any note, promise to pay, power of attorney, bond or security which describes or refers to as a commercial loan any loan which is not a commercial loan. (4) Notwithstanding anything contained in any law for the time being in force, any note, promise to pay, power of attorney, bond, security or document referred to in sub-section (1) or sub-section (3) shall be void and unenforceable. (5) Notwithstanding anything contained in any law for the time being in force, in any suit, or proceeding the burden of proving that a loan is a commercial loan shall be on the money-lender who advanced the loan.",
"name": "Entry of an amount in a bond, etc., different to the amount actually lent to be an offence",
"related_acts": "75",
"section_id": 40
},
{
"act_id": 186,
"details": "41. (1) Whoever molests, or abets the molestation of, a debtor for the purpose of recovering or attempting to recover, a debt shall be punishable, on conviction, with imprisonment which may extend to one year or with fine which may extend to one thousand Taka or with both. Explanation.- For the purposes of this section, a person who, with intent to cause another person to abstain from doing any act which he has a right to do or to do any act which he has a right to abstain from doing,- (a)\tobstructs or uses violence to or intimidates such other person, or (b) \tpersistently follows such other person from place to place or interferes with any property owned or used by him or deprives him of, or hinders him in the use thereof, or (c) \tloiters or does any similar act at or near a house, building or place where such other person resides or works or receives his pay or wages or carries on business or happens to be- shall be deemed to molest such other person: Provided that a person who attends at or near such house, building or place for the purpose only of making a formal demand for repayment of a loan due or of obtaining or communicating information shall not be deemed to molest. (2) Notwithstanding anything contained in the Code of Criminal Procedure, 1898, an offence under this section shall be cognizable and bailable. (3) Nothing in this section shall be deemed to restrict the provisions of the 17* * * Workmen's Protection Act, 1934.",
"name": "Penalty for molestation",
"related_acts": "75",
"section_id": 41
},
{
"act_id": 186,
"details": "42. (1) When any money-lender or any servant or agent of, or any person responsible for the management of the money-lending business of, a money-lender knowingly and wilfully commits, authorises or permits any default in complying with, or any contravention of, any provision of this Act, if the money-lender or such servant, agent or person is- (a)\tan individual, such individual, or (b) \tan undivided Hindu joint family, any member of such family who is knowingly and wilfully a party to such default or contravention, or (c) a body corporate, any director or officer of such body who is knowingly and wilfully a party to such default or contravention, or (d) an unincorporated body, any member of such body who is knowingly and wilfully a party to such default or contravention. shall, where a specific penalty has been provided in this Act, be punishable under the provisions of this Act providing such penalty, and where no such specific penalty has been provided, be punishable on conviction- (i) \tfor the first offence, with fine which may extend to two hundred Taka, (ii) \tfor the second offence, with fine which may extend to five hundred Taka, and (iii)\tfor any subsequent offence, with rigorous imprisonment which may extend to three months and shall also be liable to fine. (2) Notwithstanding anything contained in the Code of Criminal Procedure, 1898, an offence punishable under sub-section (1) shall be cognizable and bailable.",
"name": "General provisions regarding penalties",
"related_acts": "75",
"section_id": 42
},
{
"act_id": 186,
"details": "43. No suit, prosecution or proceeding shall lie against any Government servant for anything which is in good faith done or intended to be done under this Act.",
"name": "Protection to persons acting under this Act",
"related_acts": "",
"section_id": 43
},
{
"act_id": 186,
"details": "44. (1) The Government may, subject to the condition of previous publication, make rules for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for the following matters, namely:- (a)\tthe conditions referred to in the proviso to section 3; (b)\tthe control to be exercised by the Principal Registrar over Registrars and Sub-Registrars and by a Registrar over Sub-Registrars; (c)\t\tthe form in which registers under section 7 shall be maintained; (d)\t\tthe form and manner in which an application for the grant of a licence shall be made, and the particulars to be therein contained; (e)\t\tthe manner in which licence fees and penalties shall be paid; (f)\t\tthe form of licences; (g)\t\tthe form of, and the fee payable on, an application under sub-section (2) of section 14; (h)\t\tthe procedure to be followed by a Competent Court or by a Registrar in proceedings under section 16; (i)\t\tthe form in which a Court shall send the substance of the order referred to in sub-section (5) of section 20, and the method of circulation of the same to other Registrars; (j)\t\tthe form in which a money-lender shall maintain his cash book, ledger and receipt book; (k)\tthe form of, and the particulars to be contained in, the statement to be delivered under sub-section (2) of section 24; (l)\tthe form of the statements to be furnished under section 25 and the fee to be paid under the proviso to sub-section (3) of that section; (m)\tthe form in which information shall be supplied to an assignee under clause (b) of sub-section (1) of section 28; (n)\tthe form in which notice shall be given by the plaintiff to the defendant under sub-clause (ii) of clause (a) of sub-section (1) of section 34, and by the decree-holder to the judgment-debtor under sub-section (2) of that section; (o)\tthe form of an application under section 38; and (p)\tthe manner in which an application under section 39 shall be made.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 44
},
{
"act_id": 186,
"details": "45. The 18* * * Money-Lenders Act, 1933, shall not apply to any loan to which this Act applies nor to any transaction connected with such loan.",
"name": "Bengal Act VII of 1933 not to apply to loans to which this Act applies",
"related_acts": "160",
"section_id": 45
}
],
"text": "An Act further to regulate transactions of money-lending in Bangladesh.1♣ WHEREAS it is expedient to make further and better provision for the control of money-lenders and for the regulation and control of money-lending; It is hereby enacted as follows:-"
} |
{
"id": 187,
"lower_text": [
"1 Throughout this Act the words “Bangladesh” and “Government” were substituted for the words “Pakistan” and “Central Government” by the Bangladesh Taxation Laws (Adaptation) Order, 1972 (P. O. No. 62 of 1972)",
"2 The words “or of a law of an Acceding State or non Acceding State” were omitted by the Bangladesh Taxation Laws (Adaptation) Order, 1972 (P. O. No. 62 of 1972)",
"3 Clause 14A was inserted by the Bangladesh Taxation Laws (Adaptation) Order, 1972 (P.O. No. 62 of 1972)",
"4 The number and letters “14AA” was substituted for the number and letter “14A” by Section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"5 The proviso was omitted by the Bangladesh Taxation Laws (Adaptation) Order, 1972 (P.O. No. 62 of 1972)",
"6 Sub-section 5 was omitted by Section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"7 Section 7A was inserted by section 4 of the Excess Profits, Tax (Second Amendment) Act, 1941 (Act No. XXIV of 1941)",
"8 Section 10A was inserted by section 6 of the Excess Profits, Tax (Second Amendment) Act, 1941 (Act No. XXIV of 1941)",
"9 The words “India and Pakistan” were substituted for the word “India” by Section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"10 The words “India and Pakistan” were substituted for the word “India” by Section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"11 The words and comma “in any Acceding State or non Acceding State,” were omitted by the Bangladesh Taxation Laws (Adaptation) Order, 1972 (P.O. No. 62 of 1972)",
"12 The words “or of that State” were omitted by the Bangladesh Taxation Laws (Adaptation) Order, 1972 (P.O. No. 62 of 1972)",
"13 The words “or in that State” were omitted by the Bangladesh Taxation Laws (Adaptation) Order, 1972 (P.O. No. 62 of 1972)",
"14 The words “State or” were omitted by Section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"15 The words “State or” were omitted by Section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"16 The words “State or” were omitted by Section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"17 The words “State or” were omitted by Section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"18 The words “State or” were omitted by Section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"19 The words “State or” were omitted by Section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"20 The words “State or” were omitted by Section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"21 Section 14A was inserted by section 3 of the Excess Profits, Tax Ordinance, 1943 (Ordinance No. XVI of 1943)",
"22 The words “Penal Code” were substituted for the words “Pakistan Penal Code” by Section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"23 The words “State or” were omitted by Section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"24 The words “State or” were omitted by Section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Excess Profits Tax Act, 1940",
"num_of_sections": 33,
"published_date": "6th April, 1940",
"related_act": [
394,
187,
430
],
"repelled": false,
"sections": [
{
"act_id": 187,
"details": "1. (l) This Act may be called the Excess Profits Tax Act, 1940. (2) It extends to the whole of Bangladesh. (3) It shall come into force on such date as the Government may, by notification in the official Gazette, appoint.",
"name": "Short title, extent and commencement",
"related_acts": "187",
"section_id": 1
},
{
"act_id": 187,
"details": "2. In this Act, unless there is anything repugnant in the subject or context,- (1) \t“accounting period” in relation to any business means (a) \twhere the accounts of the business are made up for successive periods of twelve months, each of such periods; (b) \tin any other case, such period as the Excess Profits Tax Officer may determine: Provided that in determining any accounting period under sub clause (b) the Excess Profits Tax Officer shall have regard to the period, if any, which is, or has been, determined as the previous year for that business for the purposes of the Income tax Act, 1922; (2)\t“Appellate Assistant Commissioner” means a person appointed to be an Appellate Assistant Commissioner of Excess Profits Tax under section 3; (3)\t\t“average amount of capital” means the average amount of capital employed in any business as computed in accordance with the Second Schedule; (4)\t\t“Board of Referees” means a Board of Referees appointed under section 3; (5)\t\t“business” includes any trade, commerce or manufacture or any adventure in the nature of trade, commerce or manufacture or any profession or vocation, but does not include a profession carried on by an individual or by individuals in partnership if the profits of the profession depend wholly or mainly on his or their personal qualifications unless such profession consists wholly or mainly in the making of contracts on behalf of other persons or the giving to other persons of advice of a commercial nature in connection with the making of contracts: Provided that where the functions of a company or of a society incorporated by or under any enactment consist wholly or mainly in the holding of investments or other property the holding of the investments or property shall be deemed for the purpose of this definition to be a business carried on by such company or society: Provided further that all businesses to which this Act applies carried on by the same person shall be treated as one business for the purposes of this Act; (6)\t\t“chargeable accounting period” means (a)\tany accounting period falling wholly within the term beginning on the 1st day of September, 1939, and ending on the 31st day of March, 1946; and (b) \twhere any accounting period falls partly within and partly without the said term, such part of that accounting period as falls within the said term; (7) \t“Commissioner” means a person appointed to be a Commissioner of Excess Profits Tax under section 3; (8) \t“company” means a company as defined in the Companies Act, 1913, or formed in pursuance of an Act of Parliament of the United Kingdom or of Royal Charter or Letters Patent, or of an Act of the legislature of a British possession 2* * *, and includes any foreign association whether incorporated or not which the National Board of Revenue may, by general or special order, declare to be a company for the purposes of this Act; (9)\t\t“deficiency of profits” means (i) \twhere profits have been made in any chargeable accounting period, the amount by which such profits fall short of the standard profits; (ii) \twhere a loss has been made in any chargeable accounting period, the amount of the loss added to the amount of the standard profits; (10) “director” includes any person occupying the position of a director by whatever name called and also includes any person who- (i) \tis a manager of the company or concerned in the management of the business; and (ii) \tis remunerated out of the funds of the business; and (iii) \tis the beneficial owner of not less than twenty per cent of the ordinary share capital of the company; (11) “dividend” has the meaning assigned to the expression in section 2 of the Income tax Act, 1922; (12)\t“Excess Profits Tax Officer” means a person appointed to be an Excess Profits Tax Officer under section 3; (13)\t“Income” has the meaning assigned to the expression in section 2 of the Income-tax Act, 1922; (14)\t“fixed rate” in relation to dividends on share capital, other than ordinary share capital, includes a rate fluctuating in accordance with the maximum rate of income-tax; 3(14A) \t“Government” means, except where the context otherwise requires, the Government of the People's Republic of Bangladesh; (15)\t“Inspecting Assistant Commissioner” means a person appointed to be an Inspecting Assistant Commissioner of Excess Profits Tax under section 3; (16)\t“loss” means a loss computed in the same manner as, for the purposes of this Act, profits are to be computed; (16)\t“ordinary share capital” has the meaning assigned to that expression in sub-section (8) of section 9; (17)\t“person” includes a Hindu undivided family; (18)\t“prescribed” means prescribed by rules made under this Act; (19)\t“profits” means profits as determined in accordance with the first Schedule; (20)\t“standard profits” means standard profits as computed in accordance with the provisions of section 6; (21)\t“statutory percentage” means- (a) \tin relation to a business carried on by a body corporate (other than a company the directors whereof have a controlling interest therein), eight per cent per annum; (b) \tin relation to a business carried on by a partnership of which one or more of the partners is a body corporate (other than a company the directors whereof have a controlling interest therein), such a rate per cent as is equivalent to- (i) eight per cent per annum on so much of the average amount of the capital employed in the business during the chargeable accounting period as represents the share of any such body corporate, and (ii) \tten per cent per annum on the remainder of that amount; (c) \tin relation to a business to which neither sub-clause (a) nor sub-clause (b) applies, ten per cent per annum: Provided that in relation to any decrease of capital the statutory percentage shall be in all cases six per cent: Provided further that where the business was commenced on or after the 1st day of July, 1938, the foregoing percentages shall be increased from eight, ten and six per cent to ten, twelve and eight per cent respectively; (21A)\t“taxable territories” has the meaning assigned to that expression by clause 4(14AA) of section 2 of the Income-tax Act, 1922. (22)\t“written down value” has the meaning assigned to that expression in sub-section (5) of section 10 of the Income-tax Act, 1922.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 187,
"details": "3. (1) There shall be the following classes of excess profits tax authorities for the purposes of this Act, namely:- (a) \tthe National Board of Revenue; (b) \tCommissioners of Excess Profits Tax; (c) \tAssistant Commissioners of Excess Profits Tax, who may be either Appellate Assistant Commissioners of Excess Profits Tax or Inspecting Assistant Commissioners of Excess Profits Tax; (d) \tExcess Profits Tax Officers; (e) \tBoards of Referees. (2) Every Commissioner of Excess Profits Tax, Appellate Assistant Commissioner of Excess Profits Tax, Inspecting Assistant Commissioner of Excess Profits Tax and Excess Profits Tax Officer shall be a person who is exercising the functions of Commissioner of Income-tax, Appellate Assistant Commissioner of Income-tax, Inspecting Assistant Commissioner of Income-tax and Income-tax Officer, respectively, under the Income-tax Act, 1922. (3) The National Board of Revenue shall, subject to the provisions of sub section (2), appoint such persons as Commissioners of Excess Profits Tax, Appellate Assistant Commissioners of Excess Profits Tax, Inspecting Assistant Commissioners of Excess Profits Tax and Excess Profits Tax Officers as it thinks fit and such persons shall perform their functions in respect of such cases as the National Board of Revenue may assign to them: Provided that such directions shall be made entirely at the discretion of the National Board of Revenue, and, in particular, it shall be competent for that Board to assign a case or class of cases to an officer who is not exercising in respect of that case or class of cases the corresponding functions in relation to the charge of income tax under the Income tax Act, 1922. (4) All officers and persons employed in the execution of this Act shall observe and follow the orders, instructions and directions of the National Board of Revenue: Provided that nothing in this sub section applies to a Board of Referees: Provided further that no such orders, instructions or directions shall be given so as to interfere with the discretion of the Appellate Assistant Commissioner in the exercise of his appellate functions. (5) A Board of Referees shall consist of not less than three and not more than five persons, of whom not less than one half shall be non officials having business experience, and one shall be a judicial officer who has exercised the powers of a District Judge or who possesses such qualifications as are normally required for appointment to the post of District Judge, and who has held judicial office for a period of not less than ten years. (6) Subject to the provisions of sub section (5), the Government may make rules regulating the formation, composition and procedure of Boards of Referees.",
"name": "Excess profits tax authorities",
"related_acts": "",
"section_id": 3
},
{
"act_id": 187,
"details": "4. (l) Subject to the provisions of this Act, there shall, in respect of any business to which this Act applies, be charged, levied and paid on the amount by which the profits during any chargeable accounting period exceed the standard profits a tax (in this Act referred to as “excess profits tax”) which shall, in respect of any chargeable accounting period ending on or before the 31st day of March, 1941, be equal to fifty per cent of that excess and shall, in respect of any chargeable accounting period beginning after that date, be equal to such percentage of that excess as may be fixed by the annual Finance Act: Provided that any profits which are, under the provisions of sub section (3) of section 4 of the Income tax Act, 1922, exempt from income tax, and all profits from any business of life insurance shall be totally exempt from excess profits tax under this Act: Provided further that, in the case of any business which includes the mining of any mineral, any bonus paid by or through the Government in respect of increased output of the mineral shall be totally exempt from excess profits tax under this Act. (2) Where a chargeable accounting period falls partly before and partly after the end of March, 1941, the foregoing provisions of this section shall apply as if so much of that chargeable accounting period as falls before, and so much of that chargeable accounting period as falls after, the said end of March were each a separate chargeable accounting period, and as if the excess of profits of that separate chargeable accounting period were an apportioned part of the excess of profits arising in the whole period determined in accordance with the provisions of section 7A.",
"name": "Charge of tax",
"related_acts": "",
"section_id": 4
},
{
"act_id": 187,
"details": "5. This Act shall apply to every business of which any part of the profits made during the chargeable accounting period is chargeable to income tax by virtue of the provisions of sub-clause (i) or sub clause (ii) of clause (b) of sub section (1) of section 4 of the Income tax Act, 1922, or of clause (c) of that sub section: Provided that this Act shall not apply to any business the whole of the profits of which accrue or arise without the taxable territories where such business is carried on by or on behalf of a person who is resident but not ordinarily resident in the taxable territories unless the business is controlled in Bangladesh: Provided further that where the profits of a part only of a business carried on by a person who is not resident in the taxable territories or not ordinarily so resident accrue or arise in the taxable territories or are deemed under the Income-tax Act, 1922, so to accrue or arise, then except where the business being the business of a person who is resident but not ordinarily resident in the taxable territories is controlled in Bangladesh, this Act shall apply only to such part of the business, and such part shall for all the purposes of this Act be deemed to be a separate business. 5* * *",
"name": "Application of Act",
"related_acts": "",
"section_id": 5
},
{
"act_id": 187,
"details": "6. (1) For the purposes of this Act, the standard profits of a business in relation to any chargeable accounting period shall, subject to the provisions of sub-sections (3) and (4), be an amount bearing to the profits of the business during the standard period, if in respect of that business a standard period is available, the same proportion as the chargeable accounting period bears to the standard period: Provided that if the average amount of capital employed in the business during such chargeable accounting period is greater or less than the average amount of capital employed during the standard period, such amount shall be increased or decreased, as the case may be, by an amount calculated by applying the statutory percentage to the amount of such increase or decrease: Provided further that in the case of a business which was commenced on or after the 31st day of March, 1936, the standard profits shall, at the option of the person carrying on the business, be an amount calculated by applying the statutory percentage to the average amount of capital employed in the business during such chargeable accounting period. (2) For the purposes of this section the standard period shall, at the option of the person carrying on the business, be- (a) the “previous year” as determined under section 2 of the Income tax Act, 1922, for the purpose of the income tax assessment for the year ending on the 31 st day of 1921 March, 1937, or the previous year as so determined for the year ending on the 31st day of March, 1938; or (b) the “previous year” as so determined for the year ending on the 31st day of March, 1937, and that for the year ending on the 31st day of March, 1939; or (c) the “previous year” as so determined for the year ending on the 31st day of March, 1938, and that for the year ending on the 31st day of March, 1939; or (d) the “previous year” as so determined for the year ending on the 31st day of March, 1939, and that for the year ending on the 31st day of March, 1940: Provided that in no case shall any period of less than nine months be taken as a standard period. (3) If, within the period specified in the notice issued under sub section (1) of section 13, or within the extended period allowed by the Excess Profits Tax Officer under the proviso to that sub section the person carrying on the business makes an application to the Excess Profits Tax Officer in this behalf, the Excess Profits Tax Officer shall refer the application to the Board of Referees, and if the Board is satisfied that during the standard period the profits of the business were less than might at the beginning of that period have been reasonably expected, it may direct that the standard profits shall be computed as if the profits during the standard period were such greater amount as it think just: Provided that such amount shall not exceed the statutory percentage of the average amount of the capital employed in the business unless the Board is satisfied that owing to some specific cause peculiar to the business it is just that a greater amount should be allowed: Provided further that a determination on an application under this sub section- (a) shall have effect with respect to all subsequent chargeable accounting periods; (b) shall exclude any further application under this sub-section. (4) The standard profits shall be taken to be Taka thirty six thousand in any case in which the standard profits computed in accordance with sub section (1) are less than this sum: Provided that if the chargeable accounting period is greater or less than one year the sum of Taka thirty six thousand shall for the purpose of this sub section be increased or decreased proportionately. 6* * *",
"name": "Standard profits",
"related_acts": "",
"section_id": 6
},
{
"act_id": 187,
"details": "7. Where a deficiency of profits occurs in any chargeable accounting period in any business, the profits of the business chargeable with excess profits tax shall be deemed to be reduced and relief shall be granted in accordance with the following provisions:- (a) \tthe aggregate amount of the profits so chargeable for the previous chargeable accounting periods shall be deemed to be reduced by the amount of the deficiency of profits and the amount of excess profits tax payable in respect thereof shall be deemed to be reduced accordingly and the relief necessary to give effect to the reduction shall be given by repayment or otherwise; (b) \twhere the amount of the deficiency of profits exceeds the aggregate amount of the profits so chargeable for the previous chargeable accounting periods, or where there is no previous chargeable accounting period, the balance of the deficiency of profits or the whole of the deficiency, as the case may be, shall be applied in reducing any profits so chargeable for the next subsequent chargeable accounting period, and if and so far as it exceeds the amount of those profits, any profits so chargeable for the next subsequent chargeable accounting period and so on: Provided that a deficiency of profits occurring in a chargeable accounting period beginning on or after the 1st day of April, 1941, shall first be applied so as to reduce profits chargeable to tax arising in another chargeable accounting period beginning on or after the said 1st day of April, and a deficiency of profits occurring in a chargeable accounting period ending on or before the 31st day of March, 1941, shall first be applied so as to reduce profits chargeable to tax arising in another chargeable accounting period ending on or before the said 31st day of March; and where owing to an insufficiency of profits for chargeable accounting periods ending on or before the said 31st day of March, or, as the case may be, beginning on or after the said 1st day of April, the whole or any part of the deficiency is applied otherwise than as aforesaid- (a) \tthe application shall be treated as provisional only; and (b) \tif it thereafter appears that there is no longer such an insufficiency as aforesaid, such adjustment shall be made as the National Board of Revenue may by written order direct: Provided further that where a chargeable accounting period falls partly before and partly after the end of March, 1941, the provisions of the preceding proviso shall apply as if so much of the chargeable accounting period as falls before, and so much of the chargeable accounting period as falls after, the said end of March, were each a separate chargeable accounting period, and as if the deficiency of profits of that separate chargeable accounting period were an apportioned part of the deficiency of profits occurring in the whole period; and any apportionment required to be made by this proviso shall be made by reference to the number of months or fractions of months in each of the parts of the whole chargeable accounting period.",
"name": "Relief on occurrence of deficiency of profits",
"related_acts": "",
"section_id": 7
},
{
"act_id": 187,
"details": "77A. (1) In the case of a chargeable accounting period such as is referred to in sub-section (2) of section 4, the excess of profits of each of the separate chargeable accounting periods into which the whole chargeable period is deemed to be divided for the purposes of that sub section, shall be determined in accordance with the provisions of sub sections (2), (3) and (4), and in those sections- (a) \treferences to the whole period, the first part of the period, and the second part of the period shall be construed, respectively, as references to the whole of the chargeable accounting period deemed to be divided, so much thereof as falls before the end of March, 1941, and so much thereof as falls after the said end of March; (b) \t“excess profits” means the amount by which the profits for any period exceed the standard profits for that period. (2) The profits or loss of, and the standard profits for, the whole period shall be computed first on the basis that rule 5A of the First Schedule and rule 2A of the Second Schedule do not apply to the period, and secondly on the basis that the said rules do apply to the period, and it shall then be ascertained, on each basis, whether there are excess profits or a deficiency of profits for the whole period, and, if so, what is the amount thereof. (3) There shall be deemed to be for the first part of the period excess profits or a deficiency of profits, as the case may be, equal to an apportioned part of the excess profits or deficiency of profits ascertained under sub section (2) on the first basis mentioned therein, and there shall be deemed to be for the second part of the period excess profits or a deficiency of profits, as the case may be, equal to an apportioned part of the excess profits or deficiency of profits ascertained under sub section (2) on the second basis mentioned therein; and, for the purpose of giving relief for deficiencies of profits under section 7, the first part of the period and the second part of the period shall each be treated as if it were a separate chargeable accounting period. (4) Any apportionment required to be made by sub section (3) shall be made by reference to the number of months and fractions of months in each of the parts of the whole period.",
"name": "Special provision for chargeable accounting period failing partly before and partly after the end of March, 1941",
"related_acts": "",
"section_id": 8
},
{
"act_id": 187,
"details": "8. (1) As from the date of any change in the persons carrying on a business, the business shall, subject to the provisions of this section, be deemed for all the purposes of this Act except for the purposes of determining the amount of the statutory percentage to have been discontinued, and a new business to have been commenced. (2) Where the change took place before the 1st day of September, 1939, and consisted in the death or retirement of a partner, or the taking in of a partner, the persons carrying on the business after the change may, by notice given in writing before the prescribed date to the Excess Profits Tax Officer, elect that, for the purposes of the provisions of this Act relating to the computation of standard profits, the business shall not be deemed to have been discontinued. (3) A business shall not, for the purposes of the provisions of this Act relating to the computation of standard profits, be deemed to be discontinued by reason of any change occurring on or after the 1st day of September, 1939, in the persons carrying it on, and the standard profits of the business in relation to any chargeable accounting period shall be computed accordingly, and, in particular, in computing the capital employed in the business after the change and in considering, for the purposes of computing the profits of, and the capital employed during, any chargeable accounting period, whether any and, if so, what deductions are to be made in respect of depreciation of buildings, plant and machinery, no regard shall be had to any consideration given in respect of the transfer of the business or any of the assets thereof on the occasion of the change. (4) Where, on or after the 1st day of September, 1939, two or more businesses are amalgamated, the resulting business shall be treated for the purposes of the provisions of this Act relating to the computation of standard profits as if- (a) \tit had been in existence throughout the period during which there were in existence any of the former businesses; (b) \tany profits made or losses incurred or capital employed in any of those former businesses had been made, incurred or employed in the resulting business; and (c) \tany assets of any of those former businesses had become assets of the resulting business when they became assets of the former business; and, in particular, in computing the capital employed in the resulting business, and in considering, for the purposes of computing the profits of, and the capital, employed during, any chargeable accounting period, whether any and, if so, what deductions are to be made in respect of depreciation of buildings, plant and machinery, no regard shall be had to any consideration given in respect of the transfer of any of those former businesses or any of the assets thereof on the occasion of the amalgamation. (5) Where, on or after the 1st day of September, 1939, part of a business is transferred as a going concern by the person theretofore carrying it on to another person, the part transferred and the part not transferred shall each be deemed for the purposes of the provisions of this Act relating to the computation of standard profits to be a continuation of the original business, and the said provisions, including the provisions of this section relating to amalgamations, shall apply accordingly: Provided that, for the purposes aforesaid, such apportionments shall be made of the profits made, and losses incurred, and the capital employed, in the original business, and of any assets of the original business as may appear to the Excess Profits Tax Officer, or on appeal in the prescribed time and manner to the Board of Referees, to that Board to be just. (6) Notwithstanding anything in the foregoing provisions of this section, where a business was carried on immediately before the 1st day of April, 1936, and that business, or the main part of that business, was transferred after the said day and before the 1st day of September, 1939, by the person carrying it on to another person, the Excess Profits Tax Officer, if he is satisfied that the business carried on after the transference was not substantially different from the business or part transferred, shall, on the application of the person carrying on the business after the transference, treat that person, for the purposes of the provisions of this Act relating to the computation of standard profits, as if he had carried on the transferred business or part of the business as from the date of the commencement of that business. (7) Where, on or after the 1st day of September, 1939, a partner in a firm carrying on a business to which this Act applies dies, then notwithstanding anything contained in sub section (1) any deficiency of profits in respect of any chargeable accounting period ending on or before the date of his death shall, if it has not been fully applied in reducing the profits of any chargeable accounting period under section 7, be carried forward and applied in reducing any profits from the same business carried on by the surviving partner or partners in the first chargeable accounting period after the death of the partner, and if and so far as it exceeds the amount of those profits, in reducing any profits from such business in the next subsequent chargeable accounting period and so on. (8) Where- (a) \ta business is, by virtue of sub section (2) or sub section (3), deemed not to have been discontinued; or (b) \ta business is, by virtue of sub section (4), to be treated as if it had been in existence throughout the period during which there was in existence any other business; or (c) \ta business is, by virtue of sub section (5), to be treated as a continuation of another business; or (d) \tany person who is carrying on a business after a transfer is treated, by virtue of sub section (6), as having carried on the business as from a date before the transfer, the provisions of this Act relating to the computation of profits and capital for the purposes of excess profits tax shall, both as respects the standard period and any chargeable accounting period, have effect subject to such modifications, if any, as the Excess Profits Tax Officer may think just, and the Excess Profits Tax Officer may make such alterations in the periods which would otherwise be the chargeable accounting periods of the business as he thinks proper: Provided that if the Excess Profits Tax Officer makes any such modifications and the person carrying on the business is dissatisfied with the modifications so made, or if the person carrying on the business is dissatisfied with the refusal of the Excess Profits Tax Officer to make any such modifications, he may, at any time before the expiry of forty five days from the date on which the order of the Excess Profits Tax Officer is communicated to him, appeal to the Board of Referees through the Excess Profits Tax Officer.",
"name": "Successions and amalgamations",
"related_acts": "",
"section_id": 9
},
{
"act_id": 187,
"details": "9. (1) Where any interest, annuity or other annual payment, or any royalty or rent, is paid by one company to another company, and one of those companies is a subsidiary of the other, or both are subsidiaries of a third company, the capital, profits and losses of both companies shall be computed for the purposes of this Act as if- (a) the interest, annuity, annual payment, royalty or rent were not payable; (b) any debt in respect of which any such interest is payable did not exist; and (c) any asset in respect of which any such royalty or rent is payable were the property of the company paying the royalty or the rent. (1A) Where- (a) any debt is owing to any company by another company; and (b) one of those companies is a subsidiary of the other, or both are subsidiaries of a third company; and (c) no interest is payable in respect of the debt, but the circumstances in which the debt came into existence or is allowed to continue to exist are such that the debt represents in substance capital employed in the business of the debtor company, the capital of both companies shall be computed as if the debt did not exist. (2) Where- (a) a company (hereinafter referred to as “the principal company”) is resident in the taxable territories and is not a subsidiary of any other company resident in the taxable territories; and (b) during the whole or any part of any chargeable accounting period of the principal company, another company, whether or not resident or carrying on business within the taxable territories (hereinafter referred to as “the subsidiary company”) is a subsidiary of the principal company, the following provisions of this section shall, subject to the provisions of section 5, have effect in relation to that chargeable accounting period. (3) If the subsidiary company is a subsidiary of the principal company throughout the chargeable accounting period, such capital employed in, and profits or losses arising from, the business of the subsidiary company as is employed or arise in- (i) the chargeable accounting period; or (ii) any year constituting or comprised in the standard period of the principal company, shall be treated for the purposes of this Act as if it or they were capital employed in, or as the case may be, profits or losses arising from, the business of the principal company. (4) If the subsidiary company is a subsidiary of the principal company during part only of the chargeable accounting period, the excess or deficiency of profits of the subsidiary company for that part of that period shall be treated as increasing or as the case may be, decreasing the excess or deficiency of profits of the principal company for the whole period and shall not be deemed to be an excess or deficiency of profits of the subsidiary company. In this sub section, the expressions “excess” and “deficiency” mean, in relation to profits, an excess or deficiency in relation to the standard profits of the subsidiary company or, as the case may be, the principal company. (5) In any case to which sub section (3) or sub section (4) applies, such alteration, if any, of the periods which would otherwise be the chargeable accounting periods of the subsidiary company shall be made as the National Board of Revenue may direct. (6) For the purposes of this section, a company shall be deemed to be a subsidiary of another company if and so long as not less than nine tenths of its ordinary share capital is owned by that other company, whether directly or through another company or other companies, or partly directly and partly through another company or other companies. (7) The amount of ordinary share capital of one company owned by a second company through another company or other companies, or partly directly and partly through another company or other companies shall be determined in accordance with the provisions of the Third Schedule. (8) In this section and the Third Schedule references to owner ship shall be construed as references to beneficial ownership, and the expression “ordinary share capital”, in relation to a company, means all the issued share capital (by whatever name called) of the company, other than capital the holders whereof have a right to a dividend at a fixed rate but have no other right to share in the profits of the company. (9) The principal company shall be entitled to allocate to its subsidiary company or companies the respective proportionate shares of the excess profits tax payable by the whole group. (10) The excess profits tax payable by virtue of this section by the principal company in respect of the profits of any subsidiary company shall, for the purposes of section 12, be deemed to have been paid by the subsidiary company and not by the principal company.",
"name": "Inter connected companies",
"related_acts": "",
"section_id": 10
},
{
"act_id": 187,
"details": "10. (l) In computing profits for the purposes of this Act no deduction shall be made in respect of any transaction or operation of any nature if and so far as it appears that the transaction or operation has artificially reduced or would artificially reduce the profits. (2) If the Excess Profits Tax Officer is satisfied that any person has entered into or carried out any transaction or operation by which the profits have been or would be artificially reduced, he may, with the previous approval of the Inspecting Assistant Commissioner, direct that such person shall pay, in addition to any excess profits tax for which he is or, but for such transaction or operation, would be liable, a penalty not exceeding the tax evaded or sought to be evaded.",
"name": "Artificial transactions",
"related_acts": "",
"section_id": 11
},
{
"act_id": 187,
"details": "810A. (1) Where the Excess Profits Tax Officer is of opinion that the main purpose for which any transaction or transactions was or were effected whether before or after the passing of the Excess Profits Tax (Second Amendment) Act, 1941 was the avoidance or reduction of liability to excess profits tax, he may, with the previous approval of the Inspecting Assistant Commissioner, make such adjustments as respects liability to excess profits tax as he considers appropriate so as to counteract the avoidance or reduction of liability to excess profits tax which would otherwise be effected by the transaction or transactions. (2) Without prejudice to the generality of the powers conferred by sub section (1), the powers conferred thereby extend (a) \tto the charging with excess profits tax of persons who but for the adjustments would not be chargeable with any tax or would not be chargeable to the same extent; (b) \tto the charging of a greater amount of tax than would be chargeable but for the adjustments. (3) Any person aggrieved by a decision of the Excess Profits Tax Officer under this section may appeal in the prescribed time and manner to the Appellate Tribunal.",
"name": "Transactions designed to avoid or reduce liability to excess profits tax",
"related_acts": "",
"section_id": 12
},
{
"act_id": 187,
"details": "11A. The Government may enter into an agreement with 9India and Pakistan for the avoidance of double taxation of profits under this Act and under the corresponding law in force in 10India and Pakistan, and may, by notification in the official Gazette, make such provision as may be necessary for implementing the agreement.",
"name": "Agreement for avoidance of double taxation in Pakistan and India",
"related_acts": "",
"section_id": 13
},
{
"act_id": 187,
"details": "11. (1) The Government may by notification in the official Gazette make provision for the granting of relief in cases where both excess profits tax under this Act and excess profits tax under any law in force in the United Kingdom, 11* * * or in any other part of His Majesty's Dominions have been paid upon the profits of any business if it appears to the Government that the laws of the United Kingdom 12* * * or of that other part of His Majesty's Dominions provide for corresponding relief in respect of excess profits tax charged on profits both in the United Kingdom 13* * * or in that part and in the taxable territories. Provided that where under section 19 of the Finance (No. 2) Act, 1939, national defence contribution has been paid in the United Kingdom in lieu of excess profits tax, that portion of the national defence contribution so paid which is equal to the excess profits tax which would otherwise have been payable shall, for the purposes of this sub section, be deemed to be excess profits tax paid in the United Kingdom. (2) If any person, who has paid excess profits tax under this Act for any chargeable accounting period in respect of profits arising outside Bangladesh in a 14* * * country the laws of which do not provide for any relief in respect of excess profits tax charged in the taxable territories, proves that he has paid excess profits tax under the laws of the said 15* * * country in respect of the same profits, he shall be entitled to the deduction from the excess profits tax payable in the taxable territories of a sum equal to one half thereof or to one half of the excess profits tax payable in the said 16* * * country, whichever is the less.",
"name": "Relief in respect of double excess profits taxation",
"related_acts": "",
"section_id": 14
},
{
"act_id": 187,
"details": "12. (1) The amount of the excess profits tax payable in respect of a business for any chargeable accounting period diminished by any amount allowable by way of relief under the provisions of section 11, or section 11A shall, in computing for the purposes of income tax or super tax the profits and gains of that business, be allowed to be deducted as an expense incurred in that period. (2) There shall also be so deducted the amount of any excess profits tax payable under any law in force in a 17* * * country outside the taxable territories on the profits of the business in respect of any chargeable accounting period to the extent to which such profits are liable to excess profits tax under this Act after diminishing such amount by any amount which is allowable by way of relief by repayment, set off or, otherwise under any law in the 18* * * country where the tax is payable providing for the granting of relief in that 19* * * country where excess profits tax has also been charged in the taxable territories: Provided that where, under the provisions of this Act relating to deficiencies of profits or under any corresponding law in force in the said 20* * * country without the taxable territories, relief is given by way of repayment from excess profits tax chargeable for any chargeable accounting period previous to that in which the deficiency occurs, the amount of the deduction allowed under sub section (1) or sub section (2) shall not be altered, but the amount repayable shall be taken into account in computing the profits and gains of the business for the purposes of income tax as if it were a profit of the business accruing in the previous year (as determined for that business for the purposes of the Income tax Act, 1922), in which the deficiency of profits occurs.",
"name": "Allowance of excess profits tax in computing income for income tax purposes",
"related_acts": "",
"section_id": 15
},
{
"act_id": 187,
"details": "13. (1) The Excess Profits Tax Officer may, for the purposes of this Act, require any person whom he believes to be engaged in any business to which this Act applies, or to have been so engaged during any chargeable accounting period, or to be otherwise liable to pay excess profits tax, to furnish within such period, not being less than sixty days from the date of the service of the notice, as may be specified in the notice, a return in the prescribed form and verified in the prescribed manner setting forth (along with such other particulars as may be provided for in the notice) with respect to any chargeable accounting period specified in the notice the profits of the business and the standard profits of the business as computed in accordance with the provisions of section 6 or the amount of deficiency available for relief under section 7: Provided that the Excess Profits Tax Officer may, in his discretion, extend the date for the delivery of the return. (2) The Excess Profits Tax Officer may serve on any person, upon whom a notice has been served under sub section (1), a notice requiring him on a date to be therein specified to produce, or cause to be produced, such accounts or document as the Excess Profits Tax Officer may require and may from time to time serve further notices in like manner requiring the production of such further accounts or documents or other evidence as he may require: Provided that the Excess Profits Tax Officer shall not require the production of any accounts relating to a period prior to the “previous year” as determined under section 2 of the Income tax Act, 1922, for the purpose of the income tax assessment for the year ending on the 31st day of March, 1937.",
"name": "Issue of notice for assessment",
"related_acts": "",
"section_id": 16
},
{
"act_id": 187,
"details": "14. (1) The Excess Profits Tax Officer shall, by an order in writing after considering such evidence, if any, as he has required under section 13, assess to the best of his judgment the profits liable to excess profits tax and the amount of excess profits tax payable on the basis of such assessment, or if there is a deficiency of profits, the amount of that deficiency and the amount of excess profits tax, if any, repayable and shall furnish a copy of such order to the person on whom the assessment has been made. (2) Excess profits tax payable in respect of any chargeable accounting period shall be payable by the person carrying on the business in that period. (3) Where two or more persons were carrying on the business jointly in the chargeable accounting period, the assessment shall be made upon them jointly and, in the case of a partnership, may be made in the partnership name. (4) Where by virtue of the foregoing provisions an assessment could, but for his death, have been made on any person either solely or jointly with any other person or persons, the assessment may be made on his legal representative either solely or jointly with that other person or persons, as the case may be.",
"name": "Assessments",
"related_acts": "",
"section_id": 17
},
{
"act_id": 187,
"details": "2114A. (1) The Excess Profits Tax Officer, before proceeding to make an assessment (in this section referred to as the regular assessment) under section 14, may, at any time after the expiry of the period specified in the notice issued under sub section (1) of section 13 as that within which the return therein referred to is to be furnished, and whether the return has or has not been furnished, proceed to make in summary manner a provisional assessment of the amount by which the profits of the chargeable accounting period exceed the standard profits, and the amount of excess profits tax payable thereon. (2) Before making such provisional assessment the Excess Profits Tax Officer shall give notice in the prescribed form to the person on whom assessment is to be made of his intention to do so, and shall with the notice forward a statement of the amount of the proposed assessment, and the said person shall be entitled to deliver to the Excess Profits Tax Officer at any time within fourteen days of receipt of the said notice a statement of his objections, if any, to the amount of the proposed assessment. (3) On expiry of one month from the date of service of the notice referred to in sub section (2), or earlier if the assessee agrees to the proposed assessment, the Excess Profits Tax Officer may, after taking into account the objections, if any, made under sub section (2), make a provisional assessment, and shall furnish a copy of the order of assessment to the assessee: Provided that assent to the amount of the assessment, or failure to make objection to it, shall in no way prejudice the assessee in relation to the regular assessment. (4) In making any such provisional assessment the Excess Profits Tax Officer shall make allowances for any deficiencies of profits for previous chargeable accounting periods which are under the provisions of section 7 to be set off against the excess profits of the chargeable accounting period in respect of which the assessment is being made: Provided that where such deficiencies of profits have not been determined under sub section (1) of section 14 the Excess Profits Tax Officer shall estimate the amount thereof to the best of his judgment. (5) There shall be no right of appeal against a provisional assessment made under this section, and it shall, until a regular assessment is made in due course under section 14, determine the amount of excess profits tax due from the assessee. (6) If, when a regular assessment is made in due course under section 14, the amount of excess profits tax payable thereunder is found to exceed that determined as payable by the provisional assessment, it shall be reduced by the amount determined as payable by the provisional assessment. (7) If, when a regular assessment is made in due course under section 14, the amount of excess profits tax payable thereunder is found to be less than that determined as payable by the provisional assessment, any excess of tax paid as a result of the provisional assessment shall be refunded to the assessee together with interest at 5 per cent per annum calculated from the date of payment of such excess tax to the date of the order of refund, both days inclusive.",
"name": "Power to make provisional assessments",
"related_acts": "",
"section_id": 18
},
{
"act_id": 187,
"details": "15. If, for any reason profits of any chargeable accounting period chargeable to excess profits tax have escaped assessment, or have been under assessed, or have been the subject of excessive relief, the Excess Profits Tax Officer may at any time serve on the person liable to such tax a notice containing all or any of the requirements which may be included in a notice under section 13, and may proceed to assess or reassess the amount of such profits liable to excess profits tax and the provisions of this Act shall, so far as may be, apply as if the notice were a notice issued under that section: Provided that unless definite information has come into his possession the Excess Profits Tax Officer shall not initiate proceedings under this section without obtaining the previous approval of the Inspecting Assistant Commissioner.",
"name": "Profits escaping assessments",
"related_acts": "",
"section_id": 19
},
{
"act_id": 187,
"details": "16. If the Excess Profits Tax Officer, the Appellate Assistant Commissioner or the Commissioner, in the course of any proceedings under this Act, is satisfied that any person has, without reasonable cause, failed to furnish the return required under sub section (1) of section 13, or to produce or cause to be produced the accounts or documents or other evidence required by the Excess Profits Tax Officer under sub section (2) of that section, or has, either in the said proceedings or in any earlier proceedings relating to an assessment in respect of the same chargeable accounting period, concealed particulars of the profits made by or capital employed in the business, or has deliberately furnished inaccurate particulars of such profits or capital, he may direct that such person shall pay by way of penalty, in addition to the amount of any excess profits tax payable, a sum not exceeding- (a) \twhere the person has failed to furnish the return required under sub section (1) of section 13, the amount of the excess profits tax payable; and (b) \tin any other case, the amount of excess profits tax which would have been avoided if the return made had been accepted as correct: Provided that the Excess Profits Tax Officer shall not impose any penalty under this section without the previous approval of the Inspecting Assistant Commissioner.",
"name": "Penalties",
"related_acts": "",
"section_id": 20
},
{
"act_id": 187,
"details": "17. (1) Any person aggrieved by a decision made in pursuance of section 8, or objecting to the amount of excess profits tax for which he is liable as assessed by the Excess Profits Tax Officer or denying his liability to be assessed under this Act, or objecting to any penalty imposed by the Excess Profits Tax Officer, or to the amount of any deficiency of profits as assessed by the Excess Profits Tax Officer, or to the amount allowed by the Excess Profits Tax Officer, by way of relief under any provision of this Act or to any refusal by the Excess Profits Tax Officer to grant relief may appeal to the Appellate Assistant Commissioner: Provided that no appeal shall lie against a determination of the amount of the profits of any standard period where those profits have been determined in accordance with the second proviso to rule 1 of the First Schedule except in respect of adjustments made under the provisions of that Schedule: Provided further that no appeal shall lie under this section against any apportionment made by the Excess Profits Tax Officer under the proviso to sub section (5) of section 8, against any refusal to make modifications or against any modifications made by the Excess Profits Tax Officer under sub section (8) of section 8, against any decision of the Excess Profits Tax Officer under rule 11 of the First Schedule, or against any decision of the Board of Referees or the National Board of Revenue. (2) An appeal shall ordinarily be presented within forty five days of receipt of the notice of demand relating to the assessment or penalty objected to, or in the case of an appeal against the assessment of a deficiency of profits, within forty five days of the receipt of the copy of the order determining the deficiency, or in the case of an appeal against the amount of a relief granted or a refusal to grant relief, within forty five days of the receipt of the intimation of the order granting or refusing to grant the relief, but the Appellate Assistant Commissioner may admit an appeal after the expiration of that period if he is satisfied that the appellant had sufficient cause for not presenting it within that period. (3) An appeal shall be in the prescribed form and shall be verified in the prescribed manner. (4) The Appellate Assistant Commissioner shall determine the appeal after giving both parties to the appeal an opportunity of being heard. If the Appellate Assistant Commissioner is not satisfied that the assessment, decision or order which is the subject of appeal ought to be interfered with, he shall reject the appeal and the assessment, decision or order shall stand good. If he is satisfied that the assessment, decision or order ought to be interfered with, he shall, subject to the provisions of this Act, pass such orders as he thinks fit and such orders may include on order enhancing the assessment or penalty: Provided that an order enhancing as assessment or penalty shall not be made unless the person affected thereby has been given an opportunity of showing cause against the enhancement.",
"name": "Appeals",
"related_acts": "",
"section_id": 21
},
{
"act_id": 187,
"details": "18. (1) Any person objecting to an order passed by an Appellate Assistant Commissioner imposing on him a penalty under section 16 or enhancing his assessment or enhancing a penalty under section 17 may appeal to the Commissioner within thirty days of the date on which he was served with notice of such order. (2) In disposing of the appeal the Commissioner may, after giving the appellant an opportunity of being heard, pass such orders thereon as he thinks fit. (3) On the coming into operation of Part II of the Indian Income-tax (Amendment) Act, 1939, this section shall cease to have effect.",
"name": "Appeal to Commissioner against Appellate Assistant Commissioner’s orders imposing penalties or enhancing assessments or penalties",
"related_acts": "",
"section_id": 22
},
{
"act_id": 187,
"details": "19. (1) The Commissioner may of his own motion call for the record of any proceeding under this Act which has been taken by any Excess Profits Tax Officer or Appellate Assistant Commissioner subordinate to him, and on receipt of the record may make such enquiry, or cause such enquiry to be made, and, subject to the provisions of this Act, may pass such orders thereon (including an order enhancing an assessment) as he thinks fit: Provided that he shall not pass any order prejudicial to a person to whose business this Act applies without hearing him, or giving him a reasonable opportunity of being heard. (2) On the coming into operation of Part II of the Indian Income-tax (Amendment) Act, 1939, sub-section (1) shall cease to have effect, but thereafter any Excess Profits Tax Officer or any person in respect of whose business an order under section 14 has been passed who objects to an order passed by an Appellate Assistant Commissioner under section 16 or section 17 may, within the prescribed time and in the prescribed manner, appeal against such order to the Appellate Tribunal constituted under the Income tax Act, 1922 . (3) The Appellate Tribunal shall determine the appeal after giving both parties to the appeal an opportunity of being heard. If the Appellate Tribunal is not satisfied that the assessment, decision or order which is the subject of appeal ought to be interfered with, it shall reject the appeal and the assessment, decision or order shall stand good. If it is satisfied that the assessment, decision or order ought to be interfered with, it shall, subject to the provisions of this Act, pass such orders as it thinks fit, and such orders may include an order enhancing the assessment or penalty: Provided that an order enhancing an assessment or penalty shall not be made unless the person affected thereby has been given an opportunity of showing cause against the enhancement.",
"name": "Power of revision",
"related_acts": "",
"section_id": 23
},
{
"act_id": 187,
"details": "20. The Commissioner may, at any time within four years from the date of any order passed whether by himself or by any Appellate Assistant Commissioner or Excess Profits Tax Officer under this Act, rectify any mistake in any evidence recorded during assessment or appellate proceedings, or any mistake apparent from the record and shall within the like period rectify any mistake apparent from the record which has been brought to his notice by a person to whose business this Act applies: Provided that no such rectification shall be made having the effect of enhancing the liability of any person unless that person has been given a reasonable opportunity of being heard.",
"name": "Rectification of mistakes",
"related_acts": "",
"section_id": 24
},
{
"act_id": 187,
"details": "21A. Any reference in this Act to the Income tax Act, 1922, shall, in relation to the profits of any chargeable accounting period and to the state of affairs and all the circumstances necessary to determine the charge to excess profits tax, mean the said Act as in force in the relevant period: Provided that whatever be the relevant period, references to section 46 of the said Act shall be deemed to include references to sub sections (8), (9) and (10) of that section.",
"name": "Application of Income tax Act before 15th day of August 1947, with certain modifications",
"related_acts": "",
"section_id": 25
},
{
"act_id": 187,
"details": "21. The provisions of sections 4A, 4B, 10, 13, 24B, 29, 36 to 44C (inclusive), 45 to 48 (inclusive), 49E, 49F, 50, 54, 61 to 63 (inclusive), 65 to 67A (inclusive) of the Income tax Act, 1922, shall apply with such modifications, if any, as may be prescribed as if the said provisions were provisions of this Act and referred to excess profits tax instead of to income tax, and every officer exercising powers under the said provisions in regard to income tax may exercise the like powers under this Act in regard to excess profits tax in respect of cases assigned to him under sub section (3) of section 3 as he exercises in relation to income tax under the said Act: Provided that references in the said provisions to the assessee shall be construed as references to a person to whose business this Act applies.",
"name": "Application of provisions of Act X1 of 1922",
"related_acts": "",
"section_id": 26
},
{
"act_id": 187,
"details": "22. (1) Notwithstanding anything contained in the Income tax Act, 1922, all information contained in any statement or return made or furnished under the provisions of that Act or obtained or collected for the purposes of that Act, may be used for the purposes of this Act. (2) All information contained in any statement or return made or furnished under the provisions of this Act or obtained or collected for the purposes of this Act may be used for the purposes of the Income tax Act, 1922.",
"name": "Income tax papers to be available for the purposes of this Act",
"related_acts": "",
"section_id": 27
},
{
"act_id": 187,
"details": "23. If any person fails, without reasonable cause or excuse, to furnish in due time any return or statement, or to produce or cause to be produced, any accounts or documents required to be produced under section 13, he shall on conviction by a Magistrate be punishable with fine which may extend to five hundred Taka, and with a further fine which may extend to fifty Taka for every day during which the default continues.",
"name": "Failure to deliver returns or statements",
"related_acts": "",
"section_id": 28
},
{
"act_id": 187,
"details": "24. If a person makes in any return required under section 13, any statement which is false, and which he either knows or believes to be false or does not believe to be true, he shall be punishable on conviction by a Magistrate with simple imprisonment which may extend to six months, or with fine which may extend to one thousand Taka, or with both.",
"name": "False statement and declaration",
"related_acts": "",
"section_id": 29
},
{
"act_id": 187,
"details": "25. (1) A person shall not be proceeded against for an offence under section 23 or section 24 except at the instance of the Inspecting Assistant Commissioner. (2) No prosecution for an offence punishable under section 23 or section 24 or under the 22Penal Code shall be instituted in respect of the same facts as those in respect of which a penalty has been imposed under this Act. (3) The Inspecting Assistant Commissioner may, either before or after the institution of proceedings, compound any offence punishable under section 23 or section 24.",
"name": "Institution of proceedings and composition of offences",
"related_acts": "",
"section_id": 30
},
{
"act_id": 187,
"details": "26. (1) If on an application made to it through the Excess Profits Tax Officer the National Board of Revenue is satisfied in the case of any business that special circumstances exist which render it inequitable that the standard profits of the business in relation to any chargeable accounting period should be computed in accordance with the provisions of sub section (1) of section 6, and that no relief or insufficient relief has been granted under the provisions of sub section (3) of that section, the National Board of Revenue may direct that the standard profits of the business shall be computed to be such greater amount as the National Board of Revenue thinks just: Provided that such amount shall not exceed the statutory percentage of the average amount of the capital employed in the business unless the National Board of Revenue is satisfied that owing to some specific cause peculiar to the business it is just that a greater amount should be allowed and that the relief, if any, afforded by the Board of Referees under sub section (3) of section 6 is inadequate. Provided further that a determination on an application under this sub section- (a) shall have effect with respect to all subsequent chargeable accounting periods; (b) shall exclude any further application under this sub-section. (2) Without prejudice to the generality of the provisions of sub section (1) the National Board of Revenue shall, in considering the making of a direction under that sub section, have regard to the following circumstances, namely: (a) that the capital employed in a business commenced on or after the 1st day of July, 1938, is so small in relation to the volume of the activities of the business that to compute the standard profits in accordance with the provisions of section 6 would be inequitable, taking into account the normal profits made in similar businesses; (b) that owing to the nature of the business heavy expenditure by way of preliminary expenses or expenses in connection with experimental or development work has been incurred in accounting periods closely preceding the chargeable accounting period and that during the chargeable accounting period such expenditure would normally fall to be written off wholly or partly in the books of the person chargeable to excess profits tax; (c) that the business is of a pioneer nature, that is to say, is concerned with an industrial process or a form of manufacture or production not undertaken in the taxable territories before the 1st day of April, 1932, and has not been in existence long enough to have paid income tax for the previous year as determined for the purpose of the income tax assessment for the year beginning on the 1st day of April, 1937. (3) If on an application made to it through the Excess Profits Tax Officer the National Board of Revenue is satisfied that the computation in accordance with the provisions of Schedule I of the profits of a business during any chargeable accounting period would be inequitable, owing to any of the following circumstances, namely:- (a) any postponement or suspension, as a consequence of the present hostilities, of renewals or repairs, or (b) the provision of buildings, plant or machinery which will not be required for the purposes of the business after the termination of the present hostilities, or (c) difficulties in bringing into the taxable territories income arising outside the taxable territories where the 23* * * country in which the income accrued prohibits or restricts by its laws the remittance of money to the taxable territories, and loss in the remittance to the taxable territories of such income because of fluctuations in the rate of exchange between that 24* * * country and the taxable territories; or (d) in the case of any business which includes the winning of any mineral (including mineral oil) the winning of which is of exceptional importance for the prosecution of the present war, an increase in the output of the mineral which was essential in the national interest and which has had the effect of shortening the period during which but for such increased wartime output the source of the mineral might have been expected to be exhausted; the National Board of Revenue may direct that such allowances shall be made in computing the profits of the business during that chargeable accounting period as the National Board of Revenue thinks just: Provided that in making such direction the National Board of Revenue may impose such conditions as it deems appropriate. (4) An application to the National Board of Revenue under this section shall be presented to the Excess Profits Tax Officer before the expiry of the period specified in the notice issued under sub section (1) of section 13 or of the extended period allowed by the Excess Profits Tax Officer under the proviso to that subsection, but in the case of an application under sub section (1) of this section, if the person carrying on the business has made or is making an application under sub section (3) of section 6 the application shall be presented to the Excess Profits Tax Officer before the expiry of forty five days from the date on which the order of the Board of Referees disposing of the application under sub section (3) of section 6 is communicated to the person who has made that application.",
"name": "Power of National Board of Revenue to grant relief in special cases",
"related_acts": "",
"section_id": 31
},
{
"act_id": 187,
"details": "26A. (1) If on an application made to it through the Excess Profits Tax Officer, the National Board of Revenue is satisfied that a person who in a chargeable accounting period ending on the 31st day of March 1946, carried on a business the profits of which for any chargeable accounting period are charged with excess profits tax- (i) incurred during the period commencing on the 1st day of April 1946 and ending on the 31st day of December 1947, in connection with that business, (a) expenditure on the removal of works constructed for protection against enemy attack; (b) where under the orders of a competent authority the business was wholly or partly removed during the war, expenditure on again removing the business or part thereof; (c) where any physical assets held for the purposes of the business were altered to adapt them to war condition expenditure on re adapting them to normal requirements; (d) expenditure in consequence of the termination of any contract for the supply of goods, materials or services, or the lease of buildings or machinery to him, where that contract is terminated by reason of the termination of a contract for the provision by him of goods, materials or services for the purposes of the war; or (ii) incurred during the period commencing on the 1st day of April 1946, and ending on the 31st day of December 1947, a loss on the sale of trading stock held on the 31st day of March 1946 for the purposes of the business; or (iii) incurred in any accounting period ending on or before the 31st day of March 1946 in connection with that business any expenditure referred to in the sub-clauses of clause (i) which, except under the provisions of this sub section, is not allowable, either wholly or partly, in computing the profits of such accounting period, the National Board of Revenue may direct that such allowance as it thinks just shall be made in computing the profits of the business during the chargeable accounting period ending on the 31st day of March 1946, and effect shall be given to such direction by repayment or otherwise, as the case may require: Provided that in giving any such direction, the National Board of Revenue may impose such conditions as it considers appropriate: Provided further that where the applicant satisfies the National Board of Revenue that it was not possible to complete any work referred to in sub clauses (a), (b) and (c) of clause (i) within the period specified in that clause, the National Board of Revenue may extend the said period to such date as it considers reasonable: Provided further that, where any change has taken place in the persons carrying on the business, the persons carrying it on after the change shall have the same right to make an application under this sub section in respect of any expenditure referred to in sub clauses (b) and (c) of clause (i) as the persons previously carrying on the business would have had if there had been no such change. (2) Where an accounting period included, but did not end on the 31st day of March 1946, all expenditure referred to in the sub clauses of clause (i) of sub section (1) which would, apart from the provisions of this sub section and rule 11 of Schedule 1, be allowable as a deduction in computing the profits of the said accounting period, shall be treated for the purposes of sub-section (1) as if it were incurred after that day, and if an application is made under this section, no deduction from, or in computing, the profits of any accounting period or chargeable accounting period shall be allowed in respect of such expenditure otherwise than under sub section (1). (3) Where a change takes place in the persons carrying on a business, or a person carrying on a business, being a body corporate, becomes or ceases to be a subsidiary company or principal company within the meaning of sub section (6) of section 9, and where except for the happening of that event relief would be allowable under this section, the National Board of Revenue may, if it thinks fit, allow such relief under this section as it considers just, having regard to the extent to which the persons directly or indirectly interested in the business or body corporate, as the case may be, before the change remain interested therein after the change.",
"name": "Further powers of National Board of Revenue to grant certain relief",
"related_acts": "",
"section_id": 32
},
{
"act_id": 187,
"details": "27. (1) The National Board of Revenue may, subject to the control of the Government, make rules for carrying out the purposes of this Act. (2) Without prejudice to the generality of the foregoing power, such rules may- (a) \tprescribe the procedure to be followed on appeals, applications for rectification of mistakes, and applications for refunds; (b) \tprovide for the adaptation to excess profits tax of any of the provisions of the Income tax Act, 1922, which are made applicable to excess profits tax by section 21; or of any rules made under any such provision; (c) \tprovide in regard to companies whose business consists wholly or mainly in the dealing in or holding of investments, for the granting of exemption or relief from liability to excess profits tax of profits derived from investments in other companies the profits of which have been subjected to excess profits tax in the taxable territories; (d) \tprovide for any matter which by or under this Act is to be prescribed. (3) The power to make rules conferred by this section shall be exercised in like manner as the power to make rules under section 59 of the Income tax Act, 1922.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 33
}
],
"text": "An Act to impose a tax on excess profits arising out of certain businesses. 1♣♠ ♦ WHEREAS it is expedient to impose a tax on excess profits arising out of certain businesses in the conditions prevailing during the present hostilities; It is hereby enacted as follows:-"
} |
{
"id": 188,
"lower_text": [
"1 Sub-section (3) was substituted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 Clauses (ba), (bb) and (bc) were inserted by section 4 of the Drugs (Amendment) Act, 1963 (Act No. XXII of 1963)",
"3 Clause (e) was substituted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"4 Sub-section (2) was substituted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"5 Sub-section (3) was substituted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"6 Clauses (b) and (c) were omitted by Section 6 of the Drugs (Amendment) Act, 1963 (Act No. XXII of 1963)",
"7 The words, figure and comma “section 15 of the Customs Act, 1969” were substituted for the words, figure and comma “section 18 of the Sea Custom Act, 1878” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"8 The words “Collector of Customs” were substituted for the words “Customs Collector” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"9 The words “Collector of Customs” were substituted for the words “Customs Collector” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"10 The word “Republic” was substituted for the word “State” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"11 Chapter IIIA containing sections 15A, 15B and 15C were inserted by section 8 of the Drugs (Amendment) Act, 1963 (Act No. XXII of 1963).",
"12 The proviso was omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"13 The words “Penal Code” were substituted for the words “Pakistan Penal Code” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Drugs Act, 1940",
"num_of_sections": 44,
"published_date": "10th April, 1940",
"related_act": [
354,
75,
430,
86,
188
],
"repelled": true,
"sections": [
{
"act_id": 188,
"details": "1. (1) This Act may be called the Drugs Act, 1940. (2) It extends to the whole of Bangladesh. 1(3) It shall come into force at once; but Chapter III and IV shall take effect only from such date as the Government may, by notification in the official Gazette, appoint in this behalf.",
"name": "Short title, extent and commencement",
"related_acts": "188",
"section_id": 1
},
{
"act_id": 188,
"details": "2. The provisions of this Act shall be in addition to, and not in derogation of, the Dangerous Drugs Act, 1930, and any other law for the time being in force.",
"name": "Application of other laws not barred",
"related_acts": "",
"section_id": 2
},
{
"act_id": 188,
"details": "3. In this Act, unless there is anything repugnant in the subject or context,- (a) “the Board” means the Drugs Technical Advisory Board constituted under section 5; (b) “drug” includes- (i) all medicines for internal or external use of human beings or animals, and all substances intended to be used for or in the treatment, mitigation or prevention of diseases in human beings or animals, not being medicines and substances exclusively used or prepared for use in accordance with the ayurvedic, unani, homoeopathic or biochemic system of medicine, (ii) diagnostic, abortive and contraceptive substances, surgical ligatures, sutures, bandages, absorbent cotton, bacteriophages, adhesive plasters, gelatine capsules and antiseptic solutions, (iii) such substances (other than food) intended to affect the structure or any function of the human body or intended to be used for the destruction of vermins or insects which cause disease in human beings or animals, (iv) any substance, mentioned as monograph in any of the editions of the British Pharmacopoeia or the British Pharmaceutical Codex or the United States Pharmacopoeia or the National Formulary of the United States or the International Pharmacopoeia, whether alone or in combination with any substance exclusively used in the unani, ayurvedic, homoeopathic or biochemic system of medicine and intended to be used for any of the purposes mentioned in sub clauses (i), (ii) and (iii), and (v) any other substance which the Government may, by notification in the official Gazette, declare to be a “drug” for the purposes of this Act; 2(ba) “to export” means to take out of Bangladesh by sea, land or air; (bb) “licensing authority” means such authority as may be prescribed; (bc) “manufacture” in relation to any drug includes any process or part or stage of process for making, altering, ornamenting, finishing, packing, labelling, breaking up or otherwise treating or adopting any drug with a view to its sale and distribution, but does not include the compounding and dispensing or the packing of any drug in the ordinary course of retail business or on a prescription of a registered medical practitioner or dentist or of a veterinarian, and ÔÇÿto manufacture' shall be construed accordingly; (c) “to import”, with its grammatical variations and cognate expressions, means to bring into Bangladesh; (d) “patent or proprietary medicine” means a drug which is a remedy or prescription prepared for internal or external use of human beings or animals, and which is not for the time being recognised by the Permanent Commission on Biological Standardisation of the World Health Organisation or in the latest edition of the British Pharmacopoeia or the British Pharmaceutical Codex or any other pharmacopoeia authorised in this behalf by the Government after consultation with the Board; 3(e) “prescribed” means prescribed by rules made under this Act.",
"name": "Definitions",
"related_acts": "",
"section_id": 3
},
{
"act_id": 188,
"details": "4. Any substance specified as poisonous by rule made under Chapter III or Chapter IV shall be deemed to be a poisonous substance for the purposes of Chapter III or Chapter IV, as the case may be.",
"name": "Presumption as to poisonous substances",
"related_acts": "",
"section_id": 4
},
{
"act_id": 188,
"details": "5. (1) The Government shall, as soon as may be, constitute a Board (to be called the Drugs Technical Advisory Board) to advise the Government on technical matters arising out of the administration of this Act and to carry out the other functions assigned to it by this Act. 4(2) The Board shall consist of such members including a Chairman as the Government may, by notification in the official Gazette, appoint such members. (2A) Omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973). 5(3) The member of the Board shall hold office for such term as the Government may fix. (4) The Board may, subject to the previous approval of the Government, make by laws fixing a quorum and regulating its own procedure and the conduct of all business to be transacted by it. (5) The Board may constitute sub committees and may appoint to such sub committees for such periods, not exceeding three years, as it may decide, or temporarily for the consideration of particular matters, persons who are not members of the Board. (6) The functions of the Board may be exercised notwithstanding any vacancy therein. (7) The Government shall appoint a person to be Secretary of the Board and shall provide the Board with such clerical and other staff as the Government considers necessary.",
"name": "The Drugs Technical Advisory Board",
"related_acts": "430",
"section_id": 5
},
{
"act_id": 188,
"details": "6. (1) The Government shall, as soon as may be, establish a Central Drugs Laboratory under the control of a Director to be appointed by the Government, to carry out the functions entrusted to it by this Act or any rules made under this Chapter: Provided that, if the Government so prescribes, the functions of the Central Drugs Laboratory in respect of any drug or class of drugs shall be carried out at any prescribed Laboratory and the functions of the Director of the Central Drugs Laboratory in respect of such drug or class of drugs shall be exercised by the Director of that Laboratory. (2) The Government may, after consultation with the Board, make rules prescribing- (a) \tthe functions of the Central Drugs Laboratory; 6* * * (d)\t\tthe procedure for the submission to the said Laboratory under Chapter IV of samples of drugs for analysis or test, the forms of the Laboratory's reports thereon and the fees payable in respect of such reports; (e) \tsuch other matters as may be necessary or expedient to enable the said Laboratory to carry out its functions; (f) \tthe matters necessary to be prescribed for the purposes of the proviso to sub section (1).",
"name": "The Central Drugs Laboratory",
"related_acts": "",
"section_id": 6
},
{
"act_id": 188,
"details": "7. The Drugs Consultative Committee.- Omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted.",
"related_acts": "430",
"section_id": 7
},
{
"act_id": 188,
"details": "8. (1) For the purposes of this Chapter the expression “standard quality” when applied to a drug means that the drug complies with the standard set out in the Schedule.\t(2) The Government, after consultation with the Board and after giving by notification in the official Gazette not less than three months' notice of its intention so to do, may by a like notification add to or otherwise amend the Schedule for the purposes of this Chapter, and thereupon the Schedule shall be deemed to be amended accordingly.",
"name": "Standards of quality",
"related_acts": "",
"section_id": 8
},
{
"act_id": 188,
"details": "9. For the purposes of this Chapter a drug shall be deemed to be Misbranded- (a) \tif it is an imitation of, or substitute for, or resembles in a manner likely to deceive, another drug, or bears upon it or upon its label or container the name of another drug, unless it is plainly and conspicuously marked so as to reveal its true character and its lack of identity with such other drug; or (b) \tif it purports to be the product of a place or country of which it is not truly a product; or (c) \tif it is imported under a name which belongs to another drug; or (d) \tif it is so coloured, coated, powdered or polished that damage is concealed, or if it is made to appear of better or greater therapeutic value than it really is; or (e) \tif it is not labelled in the prescribed manner; or (f) \tif its label or container or anything accompanying the drug bears any statement, design or device which makes any false claim for the drug or which is false or misleading in any particular; or (g)\t\tif the label or container bears the name of an individual or company purporting to be the manufacturer or producer of the drug, which individual or company is fictitious or does not exist.",
"name": "Misbranded drugs",
"related_acts": "",
"section_id": 9
},
{
"act_id": 188,
"details": "10. From such date as may be fixed by the Government by notification in the official Gazette in this behalf, no person shall import (a) \tany drug which is not of standard quality; (b) \tany misbranded drug; (c) any drug for the import of which a licence is prescribed, otherwise than under, and in accordance with, such licence; (d) any patent or proprietary medicine, unless there is displayed in the prescribed manner on the label or container thereof either the true formula or list of ingredients contained in it in a manner readily intelligible to members of the medical profession; (e) \tany drug which by means of any statement, design or device accompanying it or by any other means, purports or claims to cure or mitigate any such disease or ailment, or to have any such other effect, as may be prescribed; (f) \tany drug the import of which is prohibited by rule made under this Chapter: Provided that nothing in this section shall apply to the import, subject to prescribed conditions, of small quantities of any drug for the purpose of examination, test or analysis or for personal use: Provided further that the Government may, after consultation with the Board, by notification in the official Gazette, permit, subject to any conditions specified in the notification, the import of any drug or class of drugs not being of standard quality. Explanation. The formula or list of ingredients mentioned in clause (d) shall be deemed to be true and a sufficient compliance with that sub clause if, without disclosing a full and detailed recipe of the ingredients, it indicates correctly all potent or poisonous substances contained therein together with an approximate statement of the composition of the medicine.",
"name": "Prohibition of import of certain drugs",
"related_acts": "",
"section_id": 10
},
{
"act_id": 188,
"details": "11. (1) The law for the time being in force relating to sea customs and to goods, the import of which is prohibited by 7section 15 of the Customs Act, 1969, shall, subject to the provisions of section 13 of this Act, apply in respect of drugs the import of which is prohibited under this Chapter, and officers of Customs and officers empowered under that Act to perform the duties imposed thereby on a 8Collector of Customs and other officers of Customs, shall have the same powers in respect of such drugs as they have for the time being in respect of such goods as aforesaid. (2) Without prejudice to the provisions of sub section (1), the 9Collector of Customs, or any servant of the 10Republic authorised by the Government in this behalf, may detain any imported package which he suspects to contain any drug the import of which is prohibited under this Chapter, and shall forthwith report such detention to the Director of the Central Drugs Laboratory and, if required by him, forward the package or samples of any suspected drug found therein to the said Laboratory.",
"name": "Application of law relating to sea customs and powers of Customs officers",
"related_acts": "354",
"section_id": 11
},
{
"act_id": 188,
"details": "12. (1) The Government may, after consultation with the Board and after previous publication by notification in the official Gazette, make rules for the purpose of giving effect to the provisions of this Chapter. (2) Without prejudice to the generality of the foregoing power, such rules may- (a)\tspecify the drugs or classes of drugs for the import of which a licence is required, and prescribe the form and conditions of such licences, the authority empowered to issue the same, and the fees payable therefore; (b)\tprescribe the methods of test or analysis to be employed in determining whether a drug is of standard quality; (c)\t\tprescribe, in respect of biological and organo-metallic compounds, the units or methods of standardisation; (d)\tspecify the diseases or ailments which an imported drug may not purport or claim to cure or mitigate and such other effects which such drug may not purport or claim to have; (e)\tprescribe the conditions subject to which small quantities of drugs, the import of which is otherwise prohibited under this Chapter, may be imported for the purpose of examination, test or analysis or for personal use; (f)\t\tprescribe the places at which drugs may be imported, and prohibit their import at any other place; (g)\trequire the date of manufacture and the date of expiry of potency to be clearly and truly stated on the label or container of any specified imported drug or class of such drug, and prohibit the import of the said drug or class of drug after the expiry of a specified period from the date of manufacture; (h)\tregulate the submission by importers, and the securing, of samples of drugs for examination, test or analysis by the Central Drugs Laboratory, and prescribe the fees, if any, payable for such examination, test or analysis; (i) \tprescribe the evidence to be supplied, whether by accompanying documents or otherwise, of the quality of drugs sought to be imported, the procedure of officers of Customs in dealing with such evidence, and the manner of storage at places of import of drugs detained pending admission; (j) \tprovide for the exemption, conditionally or otherwise, from all or any of the provisions of this Chapter and the rules made thereunder of drugs imported for the purpose only of transport through, and export from, Bangladesh; (k)\t\tprescribe the conditions to be observed in the packing in bottles, packages or other containers, of imported drugs; (l) \tregulate the mode of labelling drugs imported for sale in packages, and prescribe the matters which shall or shall not be included in such labels; (m)\tprescribe the maximum proportion of any poisonous substance which may be added to or contained in any imported drug, prohibit the import of any drug in which that proportion is exceeded, and specify substances which shall be deemed to be poisonous for the purposes of this Chapter and the rules made thereunder; (n) \trequire that the accepted scientific name of any specified drug shall be displayed in the prescribed manner on the label or wrapper of any imported, patent or proprietary medicine containing such drug; (o)\t\tprovide for the exemption, conditionally or otherwise, from all or any of the provisions of this Chapter or the rules made thereunder, of any specified drug or class of drugs.",
"name": "Power of Government to make rules",
"related_acts": "",
"section_id": 12
},
{
"act_id": 188,
"details": "13. (1) Whoever contravenes any of the provisions of this Chapter or of any rule made thereunder shall, in addition to any penalty to which he may be liable under the provision of section 11, be punishable with imprisonment which may extend to one year, or with fine which may extend to five hundred Taka, or with both. (2) Whoever, having been convicted under sub section (1), is again convicted under that sub section shall, in addition to any penalty as aforesaid, be punishable with imprisonment which may extend to two years, or with fine which may extend to one thousand Taka, or with both.",
"name": "Offences",
"related_acts": "",
"section_id": 13
},
{
"act_id": 188,
"details": "14. Where any offence punishable under section 13 has been committed, the consignment of the drug in respect of which the offence has been committed shall be liable to confiscation.",
"name": "Confiscation",
"related_acts": "",
"section_id": 14
},
{
"act_id": 188,
"details": "15. No Court inferior to that of a magistrate of the first class shall try an offence punishable under section 13.",
"name": "Jurisdiction",
"related_acts": "",
"section_id": 15
},
{
"act_id": 188,
"details": "15A. From such date as may be fixed by the Government by notification in the official Gazette in this behalf, no person shall export any drug for the export of which a licence is prescribed, otherwise than under, and in accordance with, such licence: Provided that nothing in this section shall apply to the export, subject to the prescribed conditions, of small quantities of any drug for the\tpurpose of examination, test or analysis or for personal use.",
"name": "Prohibition of Export of drugs without licence",
"related_acts": "",
"section_id": 16
},
{
"act_id": 188,
"details": "15B. (1) The Government may, after consultation with the Board and after previous publication by notification in the official Gazette, make rules for the purpose of giving effect to the provisions of this Chapter. (2) Without prejudice to the generality of the foregoing power, such rules may- (a) specify the drugs or classes of drugs for the export of which a licence is required, and prescribe the form and conditions of such licences, the authority empowered to issue the same, and the fees payable therefore; (b) prescribe the conditions subject to which small quantities of drugs, the export of which is otherwise prohibited under this Chapter, may be exported for the purpose of examination, test or analysis or for personal use; (c) prescribe the places at which drugs may be exported, and prohibit their export at any other place; (d) regulate the submission by exporters of samples of drugs for examination, test or analysis by the Central Drugs Laboratory, and prescribe the fees, if any, payable for such examination, test or analysis; (e) prescribe the evidence to be supplied, whether by documents or otherwise, of the quality of drugs sought to be exported.",
"name": "Power of Government to make rules",
"related_acts": "",
"section_id": 17
},
{
"act_id": 188,
"details": "15C. Whoever contravenes any of the provisions of section 15A or of any rule made under section 15B shall be punishable with fine which may extend to five thousand Taka.",
"name": "Penalty",
"related_acts": "",
"section_id": 18
},
{
"act_id": 188,
"details": "16. (1) For the purposes of this Chapter the expression “standard quality” when applied to a drug means that the drug complies with the standard set out in the Schedule. (2) The Government after giving by notification in the official Gazette not less than three months' notice of its intention so to do, may by a like notification add to or otherwise amend the Schedule for the purposes of this Chapter, and thereupon the Schedule shall be deemed to be amended accordingly.",
"name": "Standards of quality",
"related_acts": "",
"section_id": 19
},
{
"act_id": 188,
"details": "17. For the purposes of this Chapter a drug shall be deemed to be misbranded (a)\tif it is an imitation of, or substitute for, or resembles in a manner likely to deceive, another drug, or bears upon it or upon its label or container the name of another drug, unless it is plainly and conspicuously marked so as to reveal its true character and its lack of identity with such other drug; or (b)\tif it purports to be the product of a place or country of which it is not truly a product; or (c)\tif it is sold, or offered or exposed for sale, under a name which belongs to another drug; or (d)\tif it is so coloured, coated, powdered or polished that damage is concealed, or if it is made to appear of better or greater therapeutic value than it really is; or (e) \tif it is not labelled in the prescribed manner; or (f)\tif its label or container or anything accompanying the drug bears any statement, design or device which makes any false claim for the drug or which is false or misleading in any particular; or (g) \tif the label or container bears the name of an individual or company purporting to be the manufacturer or producer of the drug which individual or company is fictitious or does not exist.",
"name": "Misbranded drugs",
"related_acts": "",
"section_id": 20
},
{
"act_id": 188,
"details": "18. From such date as may be fixed by the Government by notification in the official Gazette in this behalf, no person shall himself or by any other person on his behalf (a)\tmanufacture for sale, or sell, or stock or exhibit for sale, or distribute (i) \tany drug which is not of standard quality; (ii) \tany misbranded drug; (iii) \tany patent or proprietary medicine, unless there is displayed in the prescribed manner on the label or container thereof either the true formula or list of ingredients contained in it in a manner readily intelligible to members of the medical profession; (iv) \tany drug which by means of any statement, design or device accompanying it or by any other means, purports or claims to cure or mitigate any such disease or ailment, or to have any such other effect as may be prescribed; (v) \tany drug, in contravention of any of the provisions of this Chapter or any rule made thereunder; (b)\tsell, or stock, or exhibit for sale, or distribute any drug which has been imported or manufactured in contravention of any of the provisions of this Act or any rule made thereunder; (c)\tmanufacture for sale, or sell, or stock or exhibit for sale, or distribute any drug, except under, and in accordance with the conditions of, a licence issued for such purpose under this Chapter: Provided that nothing in this section shall apply to the manufacture, subject to prescribed conditions, of small quantities of any drug for the purpose of examination, test or analysis: Provided further that the Government may, by notification in the official Gazette, permit, subject to any conditions specified in the notification, the manufacture for sale, sale or distribution of any drug or class of drugs not, being of standard quality. Explanation. The formula or list of ingredients mentioned in sub clause (iii) of clause (a) shall be deemed to be true and a sufficient compliance with that sub clause if, without disclosing a full and detailed recipe of the ingredients, it indicates correctly all the potent or poisonous substances contained therein together with an approximate statement of the composition of the medicine.",
"name": "Prohibition of manufacture and sale of certain drugs",
"related_acts": "",
"section_id": 21
},
{
"act_id": 188,
"details": "19. (1) Save as hereinafter provided in this section, it shall be no defence in a prosecution under this Chapter to prove merely that the accused was ignorant of the nature, substance or quality of the drug in respect of which the offence has been committed or of the circumstances of its manufacture or import, or that a purchaser, having bought only for the purpose of test or analysis, has not been prejudiced by the sale. (2) For the purposes of section 18 a drug shall not be deemed to be misbranded or to be below standard quality only by reason of the fact that- (a) \tthere has been added thereto some innocuous substance or ingredient because the same is required for the manufacture or preparation of the drug as an article of commerce in a state fit for carriage or consumption, and not to increase the bulk, weight or measure of the drug or to conceal its inferior quality or other defects; or (b) in the process of manufacture, preparation or conveyance some extraneous substance has unavoidably become intermixed with it: Provided that this clause shall not apply in relation to any sale or distribution of the drug occurring after the vendor or distributor became aware of such intermixture. (3) A person, not being the manufacturer of a drug or his agent for the distribution thereof, shall not be liable for a contravention of section 18 if he proves- (a)\tthat he did not know, and could not with reasonable diligence have ascertained, that the drug in any way contravened the provisions of that section, and that the drug while in his possession remained in the same state as when he acquired it; or (b)\tthat he acquired the drug from a person resident in Bangladesh under a written warranty in the prescribed form and signed by such person that the drug does not in any way contravene the provisions of section 18, and that the drug while in his possession remained in the same state as when he acquired it: Provided that a defence under clause (b) shall be open to a person only- (i) \tif he has, within seven days of the service on him of the summons, sent to the Inspector a copy of the warranty with a written notice stating that he intends to rely upon it and giving the name and address of the warrantor, and (ii) \tif he proves that he has, within the same period, sent written notice of such intention to the said warrantor.",
"name": "Pleas",
"related_acts": "",
"section_id": 22
},
{
"act_id": 188,
"details": "20. The Government may, by notification in the official Gazette, appoint such persons as it thinks fit, having the prescribed qualifications, to be Government Analysts for such areas and in respect of such drugs or classes of drugs as may be specified in the notification. 12* * *",
"name": "Government Analysts",
"related_acts": "",
"section_id": 23
},
{
"act_id": 188,
"details": "21. (1) The Government may, by notification in the official Gazette, appoint such persons as it thinks fit, having the prescribed qualifications, to be Inspectors for the purposes of this Chapter within such local limits as it may assign to them respectively: Provided that no person who has any financial interest in the manufacture, import or sale of drugs shall be appointed to be an Inspector under this sub section. (2) Every Inspector shall be deemed to be a public servant within the meaning of the 13Penal Code, and shall be officially subordinate to such authority as the Government may specify in this behalf.",
"name": "Inspectors",
"related_acts": "",
"section_id": 24
},
{
"act_id": 188,
"details": "22. (1) Subject to the provisions of section 23 and of any rules made by the Government in this behalf, an inspector may, within the local limits for which he is appointed, and in any other area with the permission of the licensing authority, (a)\tinspect any premises wherein any drug is being manufactured, the plant and process of manufacture, the means employed for standardising and testing the drugs and all records and registers, relating thereto; (b)\tinspect any premises wherein any drug is being sold or is stocked or exhibited for sale or is being distributed, the storage arrangement and all relevant records and registers; (c)\ttake samples of any drug which is being manufactured, or being sold or is stocked or exhibited for sale or is being distributed; (d)\tenter and search at all reasonable times, with such assistance, if any, as he considers necessary, any building, vessel or place, in which he has reason to believe, from personal knowledge or from information given by any person and taken down in writing, that an offence under this Act or any rules made thereunder, has been or is being committed; (e)\tseize such drug and all materials used in the manufacture thereof and all other articles including registers, cash memos, invoices, bills which he has reason to believe may furnish evidence of the commission of an offence punishable under this Act and any rules made thereunder; (f)\tcall any person from the neighbourhood to be present as witness in course of search, seizure or in connection with any other matter where the presence of witnesses is necessary; (g)\trequire any person to appear before him at any reasonable time at any proper place to give statement, assistance or information relating to, or in connection with, the investigation of an offence under this Act or rules made thereunder: Provided that the exemptions under sections 132 and 133 of the Code of Civil Procedure, 1908 shall be applicable to requisitions for attendance under this clause; (h)\tlock and seal any factory, laboratory, shop, building, store house or godown or a part thereof where any drug is, or is being, manufactured, stored, sold or exhibited for sale without the necessary licence under this Act, or where he has reason to believe that an offence under this Act has been committed or may continue to be committed; (i)\tforbid for a reasonable period not exceeding three months any person in charge of any premises from removing or disposing of any drug, article or other thing likely to be used in evidence of the commission of an offence under this Act or any rules made thereunder; (j) \texercise such other powers as may be necessary for carrying out the purposes of this Act or any rules made thereunder. (2) The provisions of the Code of Criminal Procedure, 1898, in so far as they are not inconsistent with the provisions of this Act, shall apply to searches and seizures made under this Chapter. (3) If any person wilfully obstructs an Inspector in the exercise of the powers conferred upon him by or under this Chapter or disobeys the lawful authority of an Inspector, he shall be punishable with imprisonment which may extend to three years, or with fine, or with both.",
"name": "Powers of Inspectors",
"related_acts": "86,75",
"section_id": 25
},
{
"act_id": 188,
"details": "23. Sub-section (1) was omitted by section 11 of the Drugs (Amendment) Act, 1963 (Act No. XXII of 1963). (2) Where the Inspector seizes any drug or any other article under section 22, he shall tender a receipt therefore in the prescribed form. (3) Where an Inspector takes a sample of a drug for the purpose of test or analysis, he shall intimate such purpose in writing in the prescribed form to the person from whom he takes it and, in the presence of such person unless he wilfully absents himself, shall divide the sample into four portions and effectively seal and suitably mark the same and permit such person to add his own seal and mark to all or any of the portions so sealed and marked: Provided that where the sample is taken from premises whereon the drug is being manufactured, it shall be necessary to divide the sample into three portions only: Provided further that where the drug is made up in containers of small volume, instead of dividing a sample as aforesaid, the Inspector may, and if the drug be such that it is likely to deteriorate or be otherwise damaged by exposure shall, take three or four, as the case may be, of the said containers after suitably marking the same and, where necessary, sealing them. (4) The Inspector shall restore one portion of a sample so divided or one container, as the case may be, to the person from whom he takes it, and shall retain the remainder and dispose of the same as follows:- (i)\tone portion or container he shall forthwith send to the Government Analyst for test or analysis; (ii)\tthe second he shall produce to the Court before which proceedings, if any, are instituted in respect of the drug; and (iii)\tthe third, where taken, he shall send to the warrant or, if any, named under the proviso to sub section (3) of section 19. (5) Where an Inspector takes any action under section 22,- (a)\the shall use all despatch in ascertaining whether or not the drug contravenes any of the provisions of section 18 and, if it is ascertained that the drug does not so contravene, forthwith revoke the order passed under the said section or, as the case may be, take such action as may be necessary for the return of the stock seized; (b) \tif he seizes the stock of the drug, he shall as soon as may be, inform a Magistrate and take his orders as to the custody thereof; (c) \twithout prejudice to the institution of any prosecution, if the alleged contravention be such that the defect may be remedied by the possessor of the drug, he shall, on being satisfied that the defect has been so remedied, forthwith revoke his order under the said section.",
"name": "Procedure of Inspectors",
"related_acts": "",
"section_id": 26
},
{
"act_id": 188,
"details": "24. Every person for the time being in charge of any premises whereon any drug is being manufactured or is kept for sale or distribution shall, on being required by an Inspector so to do, be legally bound to disclose to the Inspector the place where the drug is being manufactured or is kept, as the case may be.",
"name": "Persons bound to disclose place where drugs are manufactured or kept",
"related_acts": "",
"section_id": 27
},
{
"act_id": 188,
"details": "25. (1) The Government Analyst to whom a sample of any drug has been submitted for test or analysis under sub section (4) of section 23, shall deliver to the Inspector submitting it a signed report in triplicate in the prescribed form. (2) The Inspector on receipt thereof shall deliver one copy of the report to the person from whom the sample was taken and another copy to the warrantor, if any, named under the proviso to sub section (3) of section 19, and shall retain the third copy for use in any prosecution in respect of the sample. (3) Any document purporting to be a report signed by a Government Analyst under this Chapter shall be evidence of the facts stated therein, and such evidence, shall be conclusive unless the person from whom the sample was taken or the said warrantor has, within twenty eight days of the receipt of a copy of the report, notified in writing the Inspector or the Court before which any proceedings in respect of the sample are pending that he intends to adduce evidence in controversion of the report. (4) Unless the sample has already been tested or analysed in the Central Drugs Laboratory, where a person has under sub-section (3) notified his intention of adducing evidence in controversion of a Government Analyst's report, the Court may, of its own motion or in its discretion at the request either of the complainant or the accused, cause the sample of the drug produced before the Magistrate under sub section (4) of section 23 to be sent for test or analysis to the said Laboratory, which shall make the test or analysis and report in writing signed by, or under the authority of, the Director of the Central Drugs Laboratory the result thereof, and such report shall be conclusive evidence of the facts stated therein. (5) The cost of a test or analysis made by the Central Drugs Laboratory under sub section (4) shall be paid by the complainant or accused as the Court shall direct.",
"name": "Reports of Government Analysts",
"related_acts": "",
"section_id": 28
},
{
"act_id": 188,
"details": "26. Any person shall, on application in the prescribed manner and on payment of the prescribed fee, be entitled to submit for test or analysis to a Government Analyst any drug purchased by him and to receive a report of such test or analysis signed by the Government Analyst.",
"name": "Purchaser of drug enabled to obtain test or analysis",
"related_acts": "",
"section_id": 29
},
{
"act_id": 188,
"details": "27. Whoever himself or by any other person on his behalf manufactures for sale, sells, stocks or exhibits for sale or distributes any drug in contravention of any of the provisions of this Chapter or any rule made thereunder shall be punishable with imprisonment which may extend to three years or with fine, or with both.",
"name": "Penalty for manufacture, sale, etc., of drugs in contravention of this Chapter",
"related_acts": "",
"section_id": 30
},
{
"act_id": 188,
"details": "28. (1) Whoever in respect of any drug sold by him whether as principal or agent, gives to the purchaser a false warranty that the drug does not in any way contravene the provisions of section 18 shall, unless he proves that when he gave the warranty he had good reason to believe the same to be true, be punishable with imprisonment which may extend to one year, or with fine which may extend to five hundred Taka, or with both.",
"name": "Penalties for giving false warranty or misuse of warranty",
"related_acts": "",
"section_id": 31
},
{
"act_id": 188,
"details": "29. Whoever uses any report of a test or analysis made by the Central Drugs Laboratory or by a Government Analyst, or any extract from such report for the purpose of advertising any drug, shall be punishable with fine which may extend to five hundred Taka.",
"name": "Penalty for use of Government Analyst’s report for advertising",
"related_acts": "",
"section_id": 32
},
{
"act_id": 188,
"details": "30. (1) Whoever, having been convicted of an offence under section 27, is again convicted of an offence under that section shall be punishable with imprisonment which may extend to five years, or with fine, or with both. (2) Whoever, having been convicted of an offence under section 28 or section 29, is again convicted of an offence under either of those sections shall be punishable with imprisonment which may extend to two years, or with fine, or with both.",
"name": "Penalty for subsequent offences",
"related_acts": "",
"section_id": 33
},
{
"act_id": 188,
"details": "31. Where any person has been convicted under this Chapter for contravening any such provision of this Chapter or any rule made thereunder as may be specified by rule made in this behalf, the stock of the drug in respect of which the contravention has been made shall be liable to confiscation.",
"name": "Confiscation",
"related_acts": "",
"section_id": 34
},
{
"act_id": 188,
"details": "32. (1) No prosecution under this Chapter shall be instituted except by an Inspector. (2) No Court inferior to that of a Magistrate of the first class shall try an offence punishable under this Chapter. (3) Nothing contained in this Chapter shall be deemed to prevent any person from being prosecuted under any other law for any act or omission which constitutes an offence against this Chapter.",
"name": "Cognizance of offences",
"related_acts": "",
"section_id": 35
},
{
"act_id": 188,
"details": "33. (1) The Government may, after previous publication by notification in the official Gazette, make rules for the purpose of giving effect to the provisions of this Chapter. (2) Without prejudice to the generality of the foregoing power, such rules may (a)\tprovide for the establishment of laboratories for testing and analysing drugs; (b)\tprescribe the qualifications and duties of Government Analysts and the qualifications of Inspectors; (c)\tprescribe the methods of test or analysis to be employed in determining whether a drug is of standard quality; (d)\tprescribe in respect of biological and organo metallic compounds, the units or methods of standardisation; (e)\tprescribe the forms of licences for the manufacture for sale, for the sale and for the distribution of drugs or any specified drug or class of drugs, the form of application for such licences, the conditions subject to which such licences may be issued, the authority empowered to issue the same and the fees payable therefore; (f)\tspecify the diseases or ailments which a drug may not purport or claim to cure or mitigate and such other effects which a drug may not purport or claim to have; (g)\tprescribe the conditions subject to which small quantities of drugs may be manufactured for the purpose of examination, test or analysis; (h)\trequire the date of manufacture and the date of expiry of potency to be clearly and truly stated on the label or container of any specified drug or class of drugs, and prohibit the sale, stocking or exhibition for sale, or distribution of the said drug or class of drugs after the expiry of a specified period from the date of manufacture or after the expiry of the date of potency; (i)\tprescribe the conditions to be observed in the packing in bottles, packages and other containers of drugs, and prohibit the sale, stocking or exhibition for sale, or distribution of drugs packed in contravention of such conditions; (j) \tregulate the mode of labelling packed drugs, and prescribe the matters which shall or shall not be included in such labels; (k)\tprescribe the maximum proportion of any poisonous substance which may be added to or contained in any drug, prohibit the manufacture, sale or stocking or exhibition for sale, or distribution of any drug in which that proportion is exceeded, and specify substances which shall be deemed to be poisonous for the purposes of this Chapter and the rules made thereunder; (l) \trequire that the accepted scientific name of any specified drug shall be displayed in the prescribed manner on the label or wrapper of any patent or proprietary medicine containing such drug; (m)\tprescribe the form of warranty referred to in sub section (1) of section 19; (n) \tregulate the powers and duties of Inspectors; (o)\tprescribe the forms of report to be given by Government Analysts, and the manner of application for test or analysis under section 26 and the fees payable therefore; (p)\tspecify the offences against this Chapter or any rule made thereunder in relation to which the stock of the drug shall be liable to confiscation under section 31; (q) \tprovide for the exemption, conditionally or otherwise, from all or any of the provisions of this Chapter or the rules made thereunder, of any specified drug or class of drugs.",
"name": "Power of Government to make rules",
"related_acts": "",
"section_id": 36
},
{
"act_id": 188,
"details": "34. Protection to persons acting under this Chapter.- Omitted by section 14 of the Drugs (Amendment) Act, 1963 (Act No. XXII of 1963).",
"name": "Omitted.",
"related_acts": "",
"section_id": 37
},
{
"act_id": 188,
"details": "35. No patent or proprietary medicine or pharmaceutical speciality or any other medicine, whether allopathic, unani, ayurvedic, homoeopathic or biochemic, for the time being not recognised by the accepted pharmacopoeias, shall be offered for sale to the public or advertised for such sale, unless two samples thereof shall have been sent to the Director, Central Drugs Laboratory, and the latter shall have determined that the medicine or speciality is suitable or proper for use by the public.",
"name": "Sale of patent or proprietory medicines or pharmaceutical specialities",
"related_acts": "",
"section_id": 38
},
{
"act_id": 188,
"details": "36. No person shall, in any public street, highway, footpath or park or on any public transport or conveyance, peddle, hawk or offer for sale or distribute free of charge any medicine of pharmaceutical speciality whether allopathic, unani, ayurvedic, homoeopathic or of any other description.",
"name": "Prohibition to sell drugs in public streets, etc.",
"related_acts": "",
"section_id": 39
},
{
"act_id": 188,
"details": "37. Any person who contravenes any of the provisions of section 35 or section 36 shall be punishable with imprisonment which may extend to two years, or with fine, or with both.",
"name": "Penalty",
"related_acts": "",
"section_id": 40
},
{
"act_id": 188,
"details": "38. Where the person guilty of an offence under this Act is a company, corporation or firm every director, partner and officer of the company, corporation or firm with whose knowledge and consent the offence was committed shall be guilty of the like offence.",
"name": "Offences by Companies, etc.",
"related_acts": "",
"section_id": 41
},
{
"act_id": 188,
"details": "39. Any Magistrate of the first class or any bench of Magistrates invested with the powers of a Magistrate of the first class empowered for the time being to try in a summary way the offences specified in sub- section (1) of section 260 of the Code of Criminal Procedure, 1898, may, on application in this behalf being made by the prosecution, try in accordance with the provisions contained in sections 262 to 265 of that Code, any such offence punishable under this Act and any rules made thereunder as may be prescribed.",
"name": "Powers to try offence summarily",
"related_acts": "75",
"section_id": 42
},
{
"act_id": 188,
"details": "40. Notwithstanding anything contained in section 32 of the Code of Criminal Procedure, 1898, it shall be lawful for any Magistrate of the first class to pass any sentence authorised by this Act even if such sentence exceeds his powers under section 32 of that Code.",
"name": "Special provision regarding imprisonment and fine",
"related_acts": "75",
"section_id": 43
},
{
"act_id": 188,
"details": "41. No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act or any rules made thereunder.",
"name": "Protection to persons acting under this Act",
"related_acts": "",
"section_id": 44
}
],
"text": "An Act to regulate the import, export, manufacture, distribution and sale of drugs.♣ WHEREAS it is expedient to regulate the import into, export from, and the manufacture, distribution and sale in, Bangladesh of drugs; * * * It is hereby enacted as follows:-"
} |
{
"id": 189,
"lower_text": [
"1 Throughout this Act, the words “Bangladesh”, “Government” and “Taka” were substituted for the words “Pakistan”, “Central Government” and “rupees” respectively by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 Clause (a) was substituted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The words “National Board of Revenue” were substituted for the words “Central Board of Revenue” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"4 Sections 5A, 5B and 5C were inserted by section 8 of the Agricultural Produce Cess (Amendment) Act, 1950 (Act No. XII of 1950)",
"5 The word “Parliament” was substituted for the words “the Central Legislature” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"6 Sections 6A, 6B, 6C and 6D were inserted by section 10 of the Agricultural Produce Cess (Amendment) Act, 1950 (Act No. XII of 1950)"
],
"name": "The Agricultural Produce Cess Act, 1940",
"num_of_sections": 19,
"published_date": "15th April, 1940",
"related_act": [
354,
430,
208,
213,
151,
189
],
"repelled": false,
"sections": [
{
"act_id": 189,
"details": "1. (1) This Act may be called the Agricultural Produce Cess Act, 1940. (2) It extends to the whole of Bangladesh.",
"name": "Short title and extent",
"related_acts": "189",
"section_id": 1
},
{
"act_id": 189,
"details": "2. In this Act, unless there is anything repugnant in the subject or context,- 2(a)\t“Collector” means a Collector of Customs appointed under section 3 of the Customs Act, 1969; and (b)\t“the Committee” means the Bangladesh Food and Agriculture Committee.",
"name": "Definitions",
"related_acts": "354",
"section_id": 2
},
{
"act_id": 189,
"details": "3. (1) A customs duty at the rate of one per cent ad valorem shall be levied on all articles included in the Schedule which are exported from Bangladesh:\tProvided that the said duty shall not be levied on articles proved to the satisfaction of the Collector not to have been produced in Bangladesh: Provided further that the Government may, by notification in the official Gazette, vary the rate at which customs duty shall be levied. (2) The Government may, by notification in the official Gazette, fix for the purposes of levying the said duty tariff values of any articles included in the Schedule, and may alter any tariff values for the time being in force.",
"name": "Imposition of cess",
"related_acts": "",
"section_id": 3
},
{
"act_id": 189,
"details": "4. The Government may, by notification in the official Gazette, direct that any article specified in the Schedule shall cease to be subject to the duty imposed by section 3, and thereupon, so long as the notification remains in force, that article shall be deemed not to be included in the Schedule.",
"name": "Power to exclude articles from Schedule",
"related_acts": "",
"section_id": 4
},
{
"act_id": 189,
"details": "5. The 3National Board of Revenue may make rules providing, on such conditions as may be specified in the rules, for- (a) \tthe refund of duty levied where articles are, exported by land and subsequently imported into Bangladesh, and (b) \tthe export by land, without payment of the duty of articles, which are subsequently to be imported into Bangladesh.",
"name": "Refund of, and exemption from, cess",
"related_acts": "",
"section_id": 5
},
{
"act_id": 189,
"details": "45A. (1) As soon as may be after the commencement of this Act, the Government shall set up the Committee. (2) The Government may at any time, by notification in the official Gazette, replace the Committee by such other body as it may consider necessary and that body shall thereafter be deemed to be the Committee for the purposes of this Act and the Oilseeds Committee Act, 1946, the Coconut Committee Act, 1944, and the Lac Cess Act, 1930. (3) The Committee shall consist of such members as the Government may, by notification in the official Gazette, appoint. (4) The Government shall appoint from amongst the members of the Committee a Chairman and such number of Vice-Chairman as it may deem fit.",
"name": "Committee to be set up",
"related_acts": "213,208,151",
"section_id": 6
},
{
"act_id": 189,
"details": "5B. The Committee shall be a body corporate by the name of the Bangladesh Food and Agriculture Committee, having perpetual succession and a common seal with powers to acquire and hold property both moveable and immoveable, and to contract, and shall by the said name sue and be sued.",
"name": "Committee to be a corporate body",
"related_acts": "",
"section_id": 7
},
{
"act_id": 189,
"details": "5C. (1) The Government shall appoint a person to be the Secretary of the Committee. (2) The Committee may appoint such Sub Committees and staff as may be necessary for the efficient performance of its functions under this Act. (3) The Government may, on the recommendation of the Committee, appoint an officer or officers, to discharge under the direction of the Committee such duties as may be prescribed, and such officer or officers shall be paid by the Committee such salary and allowances as may be fixed by the Government in consultation with the Committee.",
"name": "Secretary and staff of Committee",
"related_acts": "",
"section_id": 8
},
{
"act_id": 189,
"details": "6. (1) The proceeds of the duty levied under this Act since the fifteenth day of August 1947 reduced by the cost of collection as determined by the Government shall be paid to the Committee. (2) The amount so due shall be paid by the Government to the Committee at intervals of not more than six months. (3) The expenditure of the money so paid to the Committee shall be subject to such limitations as may be imposed by rules made in this behalf by the Government.",
"name": "Payment of cess to Committee and expenditure of cess by Committee",
"related_acts": "",
"section_id": 9
},
{
"act_id": 189,
"details": "6B. The Committee may accept financial assistance or grants in furtherance of its objects and in order to discharge its functions.",
"name": "Financial assistance to Committee",
"related_acts": "",
"section_id": 10
},
{
"act_id": 189,
"details": "6D. The Government may, with the previous approval of 5Parliament, by notification in the official Gazette declare that with effect from such date as may be specified in the notification the Committee shall be dissolved, and on the making of such declaration all funds and other property vested in the Committee shall vest in the Government and this Act shall be deemed to have been repealed.",
"name": "Dissolution of Committee7. \tOmitted.",
"related_acts": "",
"section_id": 11
},
{
"act_id": 189,
"details": "66A. The Committee shall adopt such measures as it may consider necessary or expedient for- (i) promoting scientific, technological, social and economic research and education relating to food, agriculture, animal husbandry and fisheries; (ii) co ordinating research into matters relating to food, agriculture, animal husbandry and fisheries and determining in what order schemes of research shall be pursued; (iii) acquiring and disseminating knowledge relating to food, agriculture, animal husbandry and fisheries; and (iv) discharging such other functions as may, by notification in the official Gazette, be assigned to it by the Government.",
"name": "Committee to promote research",
"related_acts": "",
"section_id": 12
},
{
"act_id": 189,
"details": "6C. (1) The Committee shall publish an annual report and shall keep accounts of all moneys received by it under this Act or otherwise and of the manner in which these moneys are spent and shall publish a summary of the accounts along with the annual report. (2) Such accounts shall be examined and audited annually in the prescribed manner and the auditors shall have power to disallow any item which has been, in their opinion, spent otherwise than in pursuance of the purposes of this Act. (3) The Committee may appeal to the Government within the prescribed period against the disallowance of any item and the decision of the Government shall be final.",
"name": "Annual Report",
"related_acts": "",
"section_id": 13
},
{
"act_id": 189,
"details": "7. Standing Finance Committee, Reserve fund, Power of Central Government to make rules.- Omitted by section 11 of the Agricultural Produce Cess (Amendment) Act, 1950 (Act No. XII of 1950).",
"name": "Omitted.",
"related_acts": "",
"section_id": 14
},
{
"act_id": 189,
"details": "8. Standing Finance Committee, Reserve fund, Power of Central Government to make rules.- Omitted by section 11 of the Agricultural Produce Cess (Amendment) Act, 1950 (Act No. XII of 1950).",
"name": "Omitted.",
"related_acts": "",
"section_id": 15
},
{
"act_id": 189,
"details": "9. Standing Finance Committee, Reserve fund, Power of Central Government to make rules.- Omitted by section 11 of the Agricultural Produce Cess (Amendment) Act, 1950 (Act No. XII of 1950).",
"name": "Omitted.",
"related_acts": "",
"section_id": 16
},
{
"act_id": 189,
"details": "10. (1) The Government may, after previous publication, make rules for the purpose of carrying into effect the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:- (a)\tregulating the expenditure of the money received by the Committee under this Act or any other Act; (b) the term of office of members of the Committee; (c) the circumstances in which and the authority by which any member may be removed; (d)\tthe quorum of the Committee; (e)\tthe minimum number of meetings of the Committee during any year; (f)\tthe maintenance by the Committee of a record of all business transacted and the submission of copies of such records to the Government; (g)\tthe powers of the Committee to enter into contracts which shall be binding on the Committee and the manner in which such contracts shall be executed; (h)\tthe travelling allowances of members of the Committee and of their remuneration, if any; (i) \tthe powers of the Committee in respect of the appointment, promotion and dismissal of officers and servants of the Committee, and in respect of the creation and abolition of appointments of such officers or servants; (j) \tthe grant of pay (which shall not, except in the case of a person having specialist's qualifications, exceed two thousand Taka per mensem) and leave to officers and servants of the Committee, and the payment of leave allowances to such officers and servants, and the remuneration to be paid to any person appointed to act for any officer or servant to whom leave is granted; (k)\tthe payment of pensions, gratuities, compassionate allowances and travelling allowances to officers and servants of the Committee; (l) \tthe establishment and maintenance of a provident fund for the officers and servants of the Committee, and for the deduction of subscriptions to such provident fund from the pay and allowances of such officers and servants other than Government servants whose services have been lent or transferred to the Committee; (m)\tthe budget estimates of the annual receipts and expenditure of its funds and of supplementary estimates of expenditure not included in the budget estimates, and the manner in which such estimates shall be sanctioned and published; (n)\tthe powers of the Committee, the Finance Sub-Committee, if any, the Chairman and the Vice-Chairman respectively, in regard to the expenditure from its funds whether provision has or has not been made in the budget estimates or by re appropriation for such expenditure, and in regard to the re appropriation of estimated savings in the budget estimates of expenditure; (o)\tthe maintenance of accounts of the receipts and expenditure of its funds and providing for the audit of such accounts; (p) \tthe manner in which payments are to be made by or on behalf of the Committee and the officers by whom orders for making deposits or investments or for withdrawals or disposal of the funds of the Committee shall be signed; (q) \tthe custody in which the current account of the funds of the Committee shall be kept, and the bank at which surplus moneys at the credit of the Committee may be deposited at interest, and the conditions on which such moneys may be otherwise invested; (r) \tthe preparation of a statement showing the sums allotted to Departments of Agriculture and Industries or institutions not under the direct control of the Committee for expenditure on research, the actual expenditure incurred, the outstanding liabilities, if any, and the disposal of unexpended balances at the end of the year; (s) \tthe duties of the officers appointed under sub section (3) of section 5C; (t) \tthe manner in which any amount of duty paid in excess may be refunded; (u) \tany other matter which is to be or may be prescribed.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 17
},
{
"act_id": 189,
"details": "11. The Committee may, with the previous sanction of the Government, make regulations not inconsistent with this Act or with any other Act under which the proceeds of any cesses are payable to it or with any rules made thereunder to provide for all or any of the following matters, namely:- (a)\tthe appointment of Sub Committees and the delegation thereto of any powers exercisable under this Act by the Committee; (b)\tthe method of appointment, removal and replacement and the term of office of members of the Sub Committee, and for the filling of vacancies therein; (c)\tthe dates, times and places for meetings of the Committee and the Sub Committees and the procedure to be observed at such meetings; (d)\tthe circumstances in which security may be demanded from officers and servants of the Committee, and the amount and nature of such security in each case; (e)\tthe times at which, and the circumstances in which, payments may be made out of the provident fund and the conditions on which such payments shall relieve the fund from further liability; (f)\tthe contribution, if any, payable from the funds of the Committee to the provident fund; and (g)\tgenerally all matters incidental to the provident fund and the investment thereof.",
"name": "Regulations by Committee",
"related_acts": "",
"section_id": 18
},
{
"act_id": 189,
"details": "12. All rules made under section 10 and all regulations made under section 11 shall be published in the official Gazette.",
"name": "Rules and regulations to be published",
"related_acts": "",
"section_id": 19
}
],
"text": "An Act to provide for setting up and financing a Committee for promoting scientific, technological, social and economic research and education relating to food, agriculture, animal husbandry and fisheries. 1♣ WHEREAS it is expedient to provide for setting up and financing a Committee for promoting scientific, technological, social and economic research and education relating to food, agriculture, animal husbandry and fisheries; It is hereby enacted as follows:-"
} |
{
"id": 190,
"lower_text": [
"1 Throughout this Act, the words “Bangladesh”, “Government” and “Taka” were substituted for the words “East Bengal” or “the Province” , “Provincial Government” and “rupees” respectively by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The word “Bengal” was omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The words “the Factories Act, 1965,” were substituted for the words “the Factories Act, 1934,” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"4 The words “twelve poisha” were substituted for the words “two annas” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"5 The words, bracket and figure “or to which the provisions of sub-section (3) apply” were omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"6 The Proviso was omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"7 The Proviso was omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"8 The words “Bangladesh Bank” were substituted for the words “State Bank of Pakistan” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"9 The words “Bangladesh Bank” were substituted for the words “State Bank of Pakistan” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"10 The words “Penal Code” were substituted for the words “Pakistan Penal Code” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"11 The words “Penal Code” were substituted for the words “Pakistan Penal Code” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"12 The word “Republic” was substituted for the word “Crown” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"13 The word “Republic” was substituted for the word “Crown” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Raw Jute Taxation Act, 1941 (Bengal Act)",
"num_of_sections": 22,
"published_date": "27th November, 1941",
"related_act": [
75,
430
],
"repelled": false,
"sections": [
{
"act_id": 190,
"details": "1. (1) This Act may be called the 2* * * Raw Jute Taxation Act, 1941. (2) It extends to the whole of Bangladesh. (3) It shall come into force on such date as the Government may, by notification in the official Gazette, appoint.",
"name": "Short title, extent and commencement",
"related_acts": "",
"section_id": 1
},
{
"act_id": 190,
"details": "2. In this Act, unless there is anything repugnant in the subject or context,- (1)\t“jute” means the plant known botanically as belonging to the genus corchorus, and includes all the species of that genus whether known commonly as pat, kosta, nalia or by any other name, and also means the plant known botanically as hibiscus cannabinus and commonly as mesta; (2)\t“jute-mill” means a factory as defined in, or declared to be a factory under, 3the Factories Act, 1965, which is engaged wholly or in part in the manufacture of jute products; (3)\t“maund” means the weight equivalent to a standard maund as specified under the Standards of Weight Act, 1939; (4)\t“occupier of a jute-mill” means the person who has ultimate control over the affairs of the jute-mill: Provided that, where the affairs of a jute-mill are entrusted to a managing agent, such agent shall be deemed to be the occupier of the jute-mill; (5)\t“prescribed” means prescribed by rules made under this Act; (6)\t“purchased” means purchased, delivered and accepted; (7)\t“quarter” means a period of three months ending on 31st March, 30th June, 30th September or 31st December in any year; (8)\t“raw jute” means the fibre of jute which has not been subjected to any process of spinning or weaving and includes jute cuttings, whether loose or packed in drums or bales; (9)\t“shipper of jute” means any person who purchases raw jute and supplies it himself or by an agent to any person including himself outside areas to which this Act extends.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 190,
"details": "3. (1) Except as otherwise expressly provided in this Act, there shall be charged and levied a tax of 4twelve poisha on every maund of raw jute purchased by the occupier of a jute- mill or purchased and despatched outside areas to which this Act extends by any means of transit by a shipper of jute and such tax shall be payable to the Government by the occupier of every jute-mill and by every shipper of jute. (2) No tax shall be leviable under this Act on any raw jute in respect of which such tax has already been paid 5* * *: Provided that the burden of proving that such tax has already been paid shall be upon the person who claims the benefit of this sub-section. (3) Omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Levy of tax",
"related_acts": "430",
"section_id": 3
},
{
"act_id": 190,
"details": "4. (1) No premises shall, after the commencement of this Act, be used as a jute-mill unless such premises have been registered by the occupier of the jute-mill and every such registration shall be renewed annually, by the occupier of such jute-mill. 6* * * (2) An application for registration or renewal thereof under this section shall be made in such form and to such authority as may be prescribed, and the prescribed authority shall, in the prescribed manner and form, maintain a record of every registration and renewal thereof. (3) The registration of any jute-mill may, with the previous sanction of the Government, be cancelled by the registering authority if the premises registered have ceased to be used as a jute-mill.",
"name": "No premise to be used as a jute-mill unless registered",
"related_acts": "",
"section_id": 4
},
{
"act_id": 190,
"details": "5. (1) No person shall, after the commencement of this Act, carry on business as a shipper of jute unless his name has been registered as such and every such registration shall be renewed annually by every shipper of jute. 7* * * (2) An application for registration or renewal thereof under this section shall be made in such form and to such authority as may be prescribed, and the prescribed authority shall, in the prescribed manner and form maintain a record of every registration and renewal thereof. (3) The registration of any shipper of jute may, with the previous sanction of the Government, be cancelled by the registering authority if the registered person has ceased to carry on, or has sold or otherwise transferred his interest in the business in respect of which his name was registered.",
"name": "No person to carry on business as a shipper of jute without registration of his name",
"related_acts": "",
"section_id": 5
},
{
"act_id": 190,
"details": "6. Every occupier of a jute-mill shall in respect of such jute-mill- (a)\tkeep books of account relating to the purchase of raw jute in the prescribed form; and (b)\tsubmit every quarter to such authority as may be prescribed a return in the prescribed form and before the prescribed date showing- (i)\tthe quantity of raw jute held in stock in the jute-mill at the beginning of the preceding quarter; (ii)\tthe quantity of raw jute purchased by him for the jute-mill during the preceding quarter; (iii)\tthe quantity of raw jute despatched from the jute-mill during the preceding quarter; (iv)\tthe quantity of raw jute held in stock in the jute-mill at the end of the preceding quarter; and (v)\tsuch other particulars necessary for the purposes of this Act as may be prescribed.",
"name": "Occupiers of jute-mills to keep books of account and submit returns",
"related_acts": "",
"section_id": 6
},
{
"act_id": 190,
"details": "7. Every shipper of jute shall, in respect of his business and at each place at which he carries on such business- (a) \tkeep books of account relating to the purchase and dispatch by any means of transit of raw jute in the prescribed form; and (b) \tsubmit every month to such authority as may be prescribed a return in the prescribed form and before the prescribed date showing- (i)\tthe quantity of raw jute held in stock by him at the beginning of the preceding month; (ii)\tthe quantity of raw jute purchased by him during the preceding month; (iii)\tthe quantity of raw jute dispatched by him outside areas to which this Act extends by any means of transit during the preceding month; (iv)\tthe quantity of raw jute held in stock by him at the end of the preceding month; and (v)\tsuch other particulars necessary for the purposes of this Act as may be prescribed.",
"name": "Shippers of jute to keep books of account and submit returns",
"related_acts": "",
"section_id": 7
},
{
"act_id": 190,
"details": "8. Before submitting in each period the return referred to in clause (b) of sections 6 and 7 the occupier of a jute-mill or shipper of jute, as the case may be, shall pay into a Government Treasury or the 8Bangladesh Bank the full amount of the tax due under this Act in respect of the raw jute purchased by him, or purchased and despatched outside areas to which this Act extends by any means of transit by him, as the case may be, according to such return, and shall furnish along with the return a receipt from such treasury or bank showing payment of such amount.",
"name": "Payment of tax and receipt for such payment",
"related_acts": "",
"section_id": 8
},
{
"act_id": 190,
"details": "9. (1) If no return is submitted by the occupier of a jute-mill under clause (b) of section 6 or by a shipper of jute under clause (b) of section 7 in respect of any period before the date prescribed in that behalf, or if the return is submitted without a receipt showing full payment of the tax due as required by section 8, or if the return submitted appears to the authority referred to in clause (b) of sections 6 and 7 to be incorrect or incomplete, such authority shall, after making such enquiry, if any, as it considers necessary, determine the amount of the tax due in respect of such period from such occupier or shipper of jute, as the case may be, and such authority may in the case where no return is submitted direct that such occupier or shipper of jute shall pay in addition to the amount of the tax so determined a sum not exceeding that amount by way of penalty and the amount of the tax so determined together with the penalty (if any) so directed to be paid, less the sum, if any, already paid by him, shall be paid by such occupier or shipper of jute into a Government Treasury or the 9Bangladesh Bank within fourteen days after demand is made therefore: Provided that, before action is taken under this sub-section, the occupier of a jute-mill or the shipper of jute, as the case may be, shall be given a reasonable opportunity of proving the correctness and completeness of the return, if any, submitted by him: Provided further that the authority referred to in clause (b) of sections 6 and 7 may, for reasons to be recorded in writing, extend the date of such payment. (2) If the amount of the tax due and the penalty (if any) directed to be paid under sub-section (1) are not paid within the period mentioned in that sub-section or within the period of any extension of time allowed under the second proviso to the said sub-section, the authority referred to in clause (b) of sections 6 and 7 may direct that the occupier of the jute-mill or the shipper of jute shall pay in addition to the amount of the tax and penalty (if any) so unpaid a sum not exceeding the amount of the tax by way of penalty or further penalty as the case may be. (3) If default is made in making the payment of the amount of tax due or any penalty directed to be paid under sub-section (1) within the period mentioned in that sub-section or within the period of any extension of time allowed under the second proviso to the said sub-section or in making the payment of any penalty directed to be paid under sub-section (2), it shall be recoverable from the person from whom it is due as an arrear of land revenue.",
"name": "Determination of the amount of tax by the prescribed authority in certain cases",
"related_acts": "",
"section_id": 9
},
{
"act_id": 190,
"details": "10. The authority referred to in clause (b) of sections 6 and 7 shall, in the prescribed manner, refund to the occupier of a jute-mill or a shipper of jute applying in this behalf any amount of the tax paid by such occupier or shipper of jute in excess of the amount due from him under this Act either by cash payment or, at the option of such occupier or shipper of jute, by deduction of such excess from the amount of the tax due in respect of any other period.",
"name": "Refunds",
"related_acts": "",
"section_id": 10
},
{
"act_id": 190,
"details": "11. (1) Any person empowered by the Government in this behalf may, for the purposes of this Act- (a) \trequire any occupier of any jute-mill or shipper of jute to produce before such person all accounts, vouchers and other documents relating to stocks, purchases, receipts and despatches of raw jute, and to furnish any other information relating to such stocks, purchases, receipts and despatches and every such occupier and shipper of jute shall comply with such requisition; and (b)\tinspect such accounts, vouchers and documents of, and the raw jute held in stock by, such occupier or shipper of jute. (2) Any such person specially empowered by the Government in this behalf may enter and search, at any time, by day any building, vessel, vehicle or place in which he has reason to believe that any occupier of a jute-mill or shipper of jute holds any stock of raw jute. (3) All searches made under sub-section (2) shall be made in accordance with the provisions of the Code of Criminal Procedure, 1898.",
"name": "Powers of inspection, entry and search",
"related_acts": "75",
"section_id": 11
},
{
"act_id": 190,
"details": "12. No person to whom any returns under this Act are submitted or who makes an inspection under section 11 shall, save with the previous sanction of the Government, disclose any information obtained from any such return or inspection otherwise than departmentally or for the purposes of a prosecution under the 10Penal Code in respect of any such return, or of any account, voucher or other document inspected, or for the purposes of a prosecution under this Act.",
"name": "Returns, etc., to be confidential",
"related_acts": "",
"section_id": 12
},
{
"act_id": 190,
"details": "13. Any person who- (a)\tbeing the occupier of a jute-mill fails to register such jute-mill as required by section 4; or (b)\tbeing a shipper of jute fails to register his name as required by section 5; or (c)\tfails to keep books of account as required by clause (a) of sections 6 or 7 as the case may be; or (d) \tfails without sufficient cause to submit any return as required by clause (b) of sections 6 or 7, as the case may be, or submits an incorrect or incomplete return, or fails to submit a receipt for the full amount of the tax due as required by section 8; or (e) \tfraudulently evades the payment of any tax due under this Act; or (f) \trefuses to comply with a requisition under clause (a) of sub-section (1) of section 11 or obstructs any officer making an inspection or a search under section 11; or (g) \tdiscloses any information in contravention of the provisions of section 12; or (h) \tacts in contravention of any of the provisions of this Act, shall, on conviction, be punishable with fine which may extend to one thousand Taka, and in the case where the failure, evasion or contravention is a continuing one, with a further fine which may extend to one hundred Taka for every day after the first during which such failure, evasion or contravention continues subsequent to such conviction.",
"name": "Penalties",
"related_acts": "",
"section_id": 13
},
{
"act_id": 190,
"details": "14. No proceedings in respect of any offence under this Act shall be instituted except with the previous sanction of such authority as may be prescribed and upon complaint by a person empowered under section 11.",
"name": "Institution of proceedings",
"related_acts": "",
"section_id": 14
},
{
"act_id": 190,
"details": "15. All offences punishable under this Act shall be bailable.",
"name": "Offences to be bailable",
"related_acts": "",
"section_id": 15
},
{
"act_id": 190,
"details": "16. (1) The prescribed authority may accept from any person charged with any offence punishable under this Act or any rule made thereunder, by way of composition for such offence, payment of a sum of money not exceeding five hundred Taka or double the amount of the tax payable, whichever is greater. (2) If payment by way of composition is accepted under sub-section (1), the accused, if in custody, shall be discharged and no further proceedings shall be taken against him in respect of such offence.",
"name": "Power to compound offences",
"related_acts": "",
"section_id": 16
},
{
"act_id": 190,
"details": "17. No Magistrate other than a Magistrate of the first class shall try an offence punishable under this Act.",
"name": "Jurisdiction to try offences",
"related_acts": "",
"section_id": 17
},
{
"act_id": 190,
"details": "18. All persons empowered to act under this Act shall be deemed to be public servants within the meaning of section 21 of the 11Penal Code.",
"name": "Officers to be deemed public servants",
"related_acts": "",
"section_id": 18
},
{
"act_id": 190,
"details": "19. No suit, prosecution or other legal proceedings shall lie against any servant of the 12Republic for anything which is in good faith done or intended to be done under this Act.",
"name": "Indemnity",
"related_acts": "",
"section_id": 19
},
{
"act_id": 190,
"details": "20. No suit shall be instituted against Bangladesh, and no suit, prosecution or other proceedings shall be instituted against a servant of the 13Republic in respect of anything done or intended to be done under this Act, unless the suit, prosecution or other proceeding has been instituted within six months from the date of the act complained of.",
"name": "Limitation of suits and proceedings",
"related_acts": "",
"section_id": 20
},
{
"act_id": 190,
"details": "21. (1) Any person aggrieved by any order under this Act may appeal within sixty days from the date of such order- (i)\tto the Commissioner of the Division if such order is passed by the Collector of a district, and (ii)\tto the Collector of the district, if such order is passed by any officer other than the Collector. (2) Every order passed in appeal under this section shall, subject to the powers of revision conferred by sub-section (3), be final (3) The prescribed authority may, at any time, either of its own motion or on application, call for and examine the record of any order passed or the proceedings recorded by any officer or person subordinate to such authority, for the purpose of satisfying itself as to the legality or propriety of such order, or as to the regularity of such proceedings, and may pass such order in reference thereto as it thinks fit. (4) Nothing in this section shall apply to the orders or proceedings of any Court or Magistrate.",
"name": "Appeal and revision",
"related_acts": "",
"section_id": 21
},
{
"act_id": 190,
"details": "22. (1) The Government may, subject to the condition of previous publication, make rules for carrying out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:- (a)\tthe form of application for registration and renewal thereof under sub-section (2) of section 4 or sub-section (2) of section 5, the authority to which such applications shall be made, the manner and form in which such authority shall maintain a record of registrations and renewals; (b) \tthe forms in which books of account shall be kept under clause (a) of sections 6 and 7; (c)\tthe authority to which returns are to be submitted under clause (b) of sections 6 and 7, the forms of such returns, the date before which they are to be submitted and the particulars which may be necessary for the purposes of this Act other than those specified in the said clauses to be contained in those returns; (d) \tthe manner in which refunds under section 10 shall be made; (e)\tthe authority which may, under section 14, accord previous sanction to the institution of proceedings; (f)\tthe authority which may, under sub-section (1) of section 16, accept payment by way of composition for offences under this Act; and (g)\tthe authority to which an appeal shall lie under clause (a) of sub-section (1) of section 21 and the authority which may exercise powers under sub-section (3) of that section. (3)\tIn making any rule under sub-section (1) or sub-section (2), the Government may provide that any person committing a breach thereof shall, on conviction, be punishable with fine which may extend to one hundred Taka.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 22
}
],
"text": "An Act to provide for the levy of a tax on raw jute purchased by the occupiers of jute-mills and by shippers of jute.1♣ WHEREAS it is expedient to provide for the levy of a tax on raw jute purchased by the occupiers of jute-mills and by shippers of jute for the purpose of carrying out measures for the stabilisation of jute prices and for furthering the interests of the growers of jute in Bangladesh and of the jute industry generally; It is hereby enacted as follows:-"
} |
{
"id": 191,
"lower_text": [
"1 The word “Bangladesh” was substituted for the word “Pakistan” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The words “the Supreme Court” were substituted for the words “a High Court” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The words “the railway” were substituted for the words “any railway” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"4 The words “administering a railway” were omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Railways (Local Authorities' Taxation) Act, 1941",
"num_of_sections": 5,
"published_date": "26th November, 1941",
"related_act": [
65,
73,
430,
191
],
"repelled": false,
"sections": [
{
"act_id": 191,
"details": "1. (1) This Act may be called the Railways (Local Authorities' Taxation) Act, 1941. (2) It extends to the whole of 1Bangladesh.",
"name": "Short title and extent",
"related_acts": "191",
"section_id": 1
},
{
"act_id": 191,
"details": "2. In this Act- (a)\t“local authority” means a local authority as defined in the General Clauses Act, 1897, and includes any authority legally entitled to or entrusted with the control or management of any fund for the maintenance of watchmen or for the conservancy, of a river; (b)\t“railway administration” has the meaning assigned to the expression in clause (6) of section 3 of the Railways Act, 1890.",
"name": "Definitions",
"related_acts": "73,65",
"section_id": 2
},
{
"act_id": 191,
"details": "3. (1) In respect of property vested in the Government, being property of the railway, the railway administration shall be liable to pay any tax in aid of the funds of any local authority, if the Government, by notification in the official Gazette, declares it to be so liable. (2) While a notification under sub-section (1) is in force, the railway administration shall be liable to pay to the local authority either the tax mentioned in the notification or in lieu thereof such sum, if any, as a person appointed in this behalf by the Government may, having regard to the services rendered to the railway and all the relevant circumstances of the case, from time to time determine to be fair and reasonable. The person so appointed shall be a person who is or has been a Judge of 2the Supreme Court or a District Judge.",
"name": "Liability of railways to taxation by local authorities",
"related_acts": "",
"section_id": 3
},
{
"act_id": 191,
"details": "4. The Government may, by notification in the official Gazette, revoke or vary and notification issued under clause (1) of section 135 of the Railways Act, 1890; and where a notification is so revoked any liability arising out of the notification to pay any tax to any local authority shall cease, and where a notification is so varied the liability arising out of the notification shall be varied accordingly.",
"name": "Modification of existing liability to taxation",
"related_acts": "65",
"section_id": 4
},
{
"act_id": 191,
"details": "5. Nothing in this Act shall be construed as debarring 3the railway administration 4* * * from entering into a contract with any local authority for the supply of water or light or for the scavenging of railway premises, or for any other service which the local authority may be rendering or be prepared to render within any part of the local area under its control.",
"name": "Saving",
"related_acts": "",
"section_id": 5
}
],
"text": "♣ An Act to regulate the extent to which railway property shall be liable to taxation imposed by a local authority. WHEREAS it is expedient to regulate the extent to which property vested in the Government for the purposes of the Government, being property of the railway, shall be liable to taxation imposed by a local authority; It is hereby enacted as follows:-"
} |
{
"id": 192,
"lower_text": [
"1 The word “Bangladesh” was substituted for the word “Pakistan” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 Section 5A was inserted by section 3 of the War Injuries (Amendment) Ordinance, 1942 (Ordinance No. I of 1942)"
],
"name": "The War Injuries Ordinance, 1941",
"num_of_sections": 8,
"published_date": "25th July, 1941",
"related_act": [
192,
430
],
"repelled": false,
"sections": [
{
"act_id": 192,
"details": "1. (1) This Ordinance may be called the War Injuries Ordinance, 1941. (2) It extends to the whole of 1Bangladesh. (3) It shall come into force at once.",
"name": "Short title, extent and commencement",
"related_acts": "192",
"section_id": 1
},
{
"act_id": 192,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (1)\t“civil defence organisation” means any organisation established for civil defence purposes which is declared by a scheme to be a civil defence organisation for the purposes of this Ordinance and the scheme; (2) \t“civil defence volunteer”, in relation to an injury, means a person certified, by an officer of a civil defence organisation authorised by the Government to grant such certificates, to have been a member of that organisation at the time the injury was sustained; (3)\t“continuance of hostilities” means,- (a)\tin relation to the hostilities during 1939 1945, the period beginning with the commencement of this Ordinance and ending on the date declared by the late Government of India to be the date on which the said hostilities terminated; and (b)\tin relation to any other hostilities, the period beginning with the date declared by the Government, by notification in the official Gazette, to be the date of the commencement of hostilities for the purpose of this Ordinance and ending on the date declared likewise to be the date of termination of such hostilities; (4)\t“gainfully occupied person” means a person who is engaged in any trade, business, profession, office, employment or vocation and is wholly or substantially dependent thereon for a livelihood, or a person who, though temporarily unemployed is normally so engaged and dependent; (5)\t“scheme” means a scheme made under this Ordinance; (6)\t“war injury” means a physical injury- (a)\tcaused by- (i)\tthe discharge of any missile (including liquids and gas), or (ii)\tthe use of any weapon, explosive or other noxious thing, or (iii)\tthe doing of any other injurious act, either by the enemy or in combating the enemy or in repelling an imagined attack by the enemy; or (b) \tcaused by the impact on any person or property of any enemy aircraft, or any aircraft belonging to or held by any person on behalf of or for the benefit of Government or any allied power, or any part of, or anything dropped from, any such aircraft; or (c) \tcaused by any explosion or fire which involves any explosives or munitions or other dangerous things required for war purposes and which happens or is caused by, through, or in connection with the manufacture, storage or transportation of any such explosives, munitions or other dangerous things; (7)\t“war service injury”, in relation to a civil defence volunteer, means any physical injury shown to the satisfaction of the Government or other authority authorised to make payments under a scheme to have arisen out of and in the course of the performance by the volunteer of his duties as a member of the civil defence organisation to which he belonged at the time the injury was sustained, and (except in the case of a war injury) not to have arisen out of and in the course of his employment in any other capacity: Provided that before being so satisfied the Government or other authority authorised to make payments under a scheme shall have received from the civil defence organisation of which the volunteer concerned was a member at the time the injury was sustained, a report, by an officer of the organisation authorised by the Government to make such reports, about the injury in question.",
"name": "Interpretation",
"related_acts": "",
"section_id": 2
},
{
"act_id": 192,
"details": "3. (1) The Government may make a scheme or schemes in accordance with the provisions of this Ordinance providing for the grant of relief in respect of the following injuries sustained during the continuance of hostilities, namely:- (a) war injuries sustained by gainfully occupied persons (with such exceptions, if any, as may be specified in the scheme) and by persons of such other classes as may be so specified; and (b) war service injuries sustained by civil defence volunteers. (2) A scheme may authorise the Government, or any authority authorised by the Government to make payments under the scheme, in such circumstances and subject to such conditions as may be specified in the scheme, to make to or in respect of persons injured- (a) payments by way of temporary allowance, which shall be payable only so long as the person injured is incapacitated for work by the injury and has not received any such payment as is mentioned in clause (b); (b) payments otherwise than by way of temporary allowance, which shall be payable only where the injury causes serious and prolonged disablement or death; and (c) payments for the purchase of or the grant at the cost of Government of artificial limbs or surgical or other appliances and payments for medical and surgical treatment. (3) A scheme may empower the Government to make regulations for giving effect to the purposes of the scheme. (4) A scheme may provide that it shall come into operation or shall be deemed to have come into operation on such date as may be specified therein. (5) A scheme may be amended or rescinded at any time by the Government. (6) Any decision of the Government or other authority empowered to make payments under a scheme as to the making, refusal or amount, or as to the continuance or discontinuance, of a payment under a scheme may be varied from time to time by a subsequent decision of the Government or such authority as the case may be, but save in so far as it is so varied shall be final and conclusive.",
"name": "Power to make schemes for relief in respect of war injuries and war service injuries",
"related_acts": "",
"section_id": 3
},
{
"act_id": 192,
"details": "4. (1) In respect of a war injury sustained during the continuance of hostilities by any person, and in respect of a war service injury sustained during that period by a civil defence volunteer, no such compensation or damages shall be payable, whether to the person injured or to any other person, as apart from the provisions of this sub section- (a) would be payable under the Workmen's Compensation Act, 1923; or (b) would, whether by virtue of any enactment or by virtue of any contract or at common law, be payable- (i) in the case of a war injury, by any person, or (ii) in the case of a war service injury sustained by a civil defence volunteer, by the employer of the volunteer, or by any person who has responsibility in connection with the volunteer's duties as such or by any other civil defence volunteer, on the ground that the injury in question was attributable to some negligence, nuisance or breach of duty for which the person by whom the compensation or damages would be payable is responsible. (2) The failure to give a notice or make a claim or commence proceedings within the time required by any enactment shall not be a bar to the maintenance of proceedings in respect of any personal injury, if- (a) an application for a payment under a scheme has been duly made to the Government or other authority empowered to make payments under the scheme in respect of the injury; and (b) the Court or other authority before which the proceedings are brought is satisfied that the said application was made in the reasonable belief that the injury was such that a payment could be made under the scheme; and (c) the Government or other authority empowered to make payments under the scheme certifies that the application was rejected, or that payments made in pursuance of the application were discontinued, on the ground that the injury was not such an injury; and (d) the proceedings are commenced within one month from the date of the said certificate.",
"name": "Relief from liability to pay compensation or damages",
"related_acts": "",
"section_id": 4
},
{
"act_id": 192,
"details": "5. (1) Where it is necessary in order to determine the amount of any payment to be awarded under a scheme in respect of any injury, to ascertain the earnings of the person injured in respect of any period before he sustained the injury, the Government or other authority authorised to make payments under the scheme may by notice in writing require- (a)\tany person who was an employer of the injured person during that period, or (b)\tany other person having any knowledge with respect to the financial circumstances of the injured person during that period, to furnish in accordance with the notice any information in his possession relating to those earnings or circumstances, and to produce to any person specified in the notice any wage books, records or other documents in his possession containing entries with respect to those earnings. (2) \tIf any person- (a) \tfails to comply with the requirements of any such notice, or (b)\tin purported compliance with any such notice, knowingly or recklessly makes any untrue statement or untrue representation, or produces any document which is false in a material particular or calculated to deceive, he shall be punishable with fine which may extend to three hundred Taka.",
"name": "Information as to earnings",
"related_acts": "",
"section_id": 5
},
{
"act_id": 192,
"details": "25A. (1) The person managing any dispensary or hospital shall, if so required by the Government by general or special order,- (a) \tprovide at the dispensary or hospital medical and surgical treatment for persons who have sustained injuries of the nature specified in sub section (1) of section 3, and (b)\tkeep such records and make such returns relating to the persons treated for such injuries as may be required by or under a scheme. (2) If any person fails to comply when so required with the provisions of this section he shall be punishable with fine which may extend to one thousand Taka.",
"name": ".Medical attention in dispensaries and hospitals",
"related_acts": "",
"section_id": 6
},
{
"act_id": 192,
"details": "6. Any person who, for the purpose of obtaining a payment or grant under a scheme either for himself or for any other person, knowingly makes any untrue statement or untrue representation, shall be punishable with imprisonment for a term which may extend to three months.",
"name": "Penalty for false statement",
"related_acts": "",
"section_id": 7
},
{
"act_id": 192,
"details": "7. Any assignment of, or charge on, and any agreement to assign or charge any payment awarded or to be awarded under a scheme shall be void, and, on the insolvency of any person to whom such a payment has been awarded, the payment shall not pass to any trustee or other person acting on behalf of the creditors.",
"name": "Assignments or charges to be void",
"related_acts": "",
"section_id": 8
}
],
"text": "An Ordinance to make provision for the grant of relief in respect of certain personal injuries sustained during the continuance of hostilities.♣ WHEREAS an emergency has arisen which renders it necessary to make provision for the grant of relief in respect of certain personal injuries sustained during the continuance of hostilities; NOW THEREFORE, in exercise of the powers conferred by section 72 of the Government of India Act, as set out in the Ninth Schedule to the Government of India Act, 1935, the Governor-General is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 193,
"lower_text": [
"1 Throughout this Act, the word “Taka” was substituted for the word “rupees” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The word “Bengal” was omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The word “Bangladesh” was substituted for the words “East Pakistan” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"4 The word “Provincial” was omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Criminal Law (Industrial Areas) Amendment Act, 1942 (Bengal Act)",
"num_of_sections": 4,
"published_date": "4th June, 1942",
"related_act": [
430
],
"repelled": false,
"sections": [
{
"act_id": 193,
"details": "1. (1) This Act may be called the 2* * * Criminal Law (Industrial Areas) Amendment Act, 1942. (2) This section and section 2 extend to the whole of 3Bangladesh, except the district of Sylhet and the remaining provisions of this Act shall extend to any area declared to be an industrial area under section 2.",
"name": "Short title and extent",
"related_acts": "",
"section_id": 1
},
{
"act_id": 193,
"details": "2.\tThe 4* * * Government may, by notification in the official Gazette, declare any area to be an industrial area for the purposes of this Act.",
"name": "Declaration of industrial area",
"related_acts": "",
"section_id": 2
},
{
"act_id": 193,
"details": "3.\tAny person found, between sunset and sunrise- (a)\tarmed with any dangerous or offensive instrument whatsoever, with intent to commit any criminal act; (b) \tdisguised in any manner with intent to commit any criminal act; (c)\tin any dwelling house or other building whatsoever, without being able satisfactorily to account for his presence therein; or any person previously convicted of theft found between sunset and sunrise on board any vessel or boat, or lying or loitering in any bazar, street, yard, thoroughfare or other place who shall not give any satisfactory account of himself; or any person having in his possession, without lawful excuse (the proof of which excuse shall be on such person) any instrument of house-breaking; may be taken into custody by any police-officer without a warrant, and shall be liable, on summary conviction before a Magistrate, to imprisonment, for a term which may extend to three months. Explanation.- In this section the word “street” means any road, lane, footway, square, court, alley or passage, whether a thoroughfare or not, to which the public have, permanently or temporarily, a right of access.",
"name": "Apprehension and punishment of persons armed or previously convicted of theft or of other persons",
"related_acts": "",
"section_id": 3
},
{
"act_id": 193,
"details": "4. (1) Whoever has in his possession, or conveys in any manner, or offers for sale or pawn, anything which there is reason to believe to have been stolen or fraudulently obtained shall, if he fails to account for such possession or such act to the satisfaction of the Magistrate, be liable to fine which may extend to one hundred Taka, or to imprisonment, for a term which may extend to six months. (2) If any person charged under sub-section (1) in respect of anything declares that he received such thing from some person, or that he was employed as a carrier, agent or servant to convey such thing for some other person, the Magistrate, after such further inquiry (if any) as he may deem necessary, may summon such other person, and any former or pretended purchaser or other person through whose possession such thing is alleged to have passed, to appear before him, and may examine such person and any witnesses who are produced to testify to such receipt, employment or possession; and, if it appears to such Magistrate that any such person had possession of such thing and had reasonable cause to believe that it was stolen or fraudulently obtained, the Magistrate may punish him with fine which may extend to one hundred Taka, or with imprisonment, for a term which may extend to six months.",
"name": "Possession or dealing with thing stolen or fraudulently obtained",
"related_acts": "",
"section_id": 4
}
],
"text": "An Act to prevent theft of unidentifiable articles in industrial areas.1♣ WHEREAS it is expedient to prevent theft of unidentifiable articles in industrial areas; It is hereby enacted as follows:-"
} |
{
"id": 194,
"lower_text": [
"1 Throughout this Act, the words “Government”, “Penal Code” and “Taka” were substituted for the words “Provincial Government”, “Pakistan Penal Code”, and “rupees” respectively by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The word “Bangladesh” was substituted for the word “Pakistan” by section 3 and the \tSecond Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973(Act \tNo. VIII of 1973)",
"3 The words “for the territories under its administration” were omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"4 The words, bracket, letter, comma and figure “clause (f) of section 2 of the Factories Act, 1965” were substituted for the words, bracket, letter, comma and figure “clause (j) of section 2 of the Factories Act, 1934” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"5 The words, bracket and figure “under sub section (1) of section 3” were substituted for the words, bracket and figure “under sub section (1) of section 5” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Industrial Statistics Act, 1942",
"num_of_sections": 12,
"published_date": "3rd April, 1942",
"related_act": [
194,
430
],
"repelled": false,
"sections": [
{
"act_id": 194,
"details": "1. (1) This Act may be called the Industrial Statistics Act, 1942. (2) It extends to the whole of 2Bangladesh. (3) It shall come into force on such date as the Government may, by notification in the official Gazette, appoint in this behalf 3* * *.",
"name": "Short title, extent and commencement",
"related_acts": "194",
"section_id": 1
},
{
"act_id": 194,
"details": "2. In this Act “prescribed” means prescribed in rules made under this Act or in any form prescribed by those rules.",
"name": "Definition",
"related_acts": "",
"section_id": 2
},
{
"act_id": 194,
"details": "3. (1) The Government may, by notification in the official Gazette, direct that statistics shall be collected relating to any of the following matters, namely:- (a) \tany matter relating to factories, (b) \tany of the following matters so far as they relate to welfare of labour and conditions of labour, namely:- (i)\tprices of commodities, (ii) \tattendance, (iii)\tliving conditions, including housing, water supply and sanitation, (iv)\tindebtedness, (v)\trents of dwelling houses, (vi)\twages and other earnings, (vii)\t\tprovident and other funds provided for labour, (viii) \tbenefits and amenities provided for labour, (ix)\thours of work, (x) \temployment and unemployment, (xi)\tindustrial and labour disputes, and thereupon the provisions of this Act shall apply to the collection of those statistics. (2) In clause (a) of sub section (1), “factory” means a factory as defined in 4clause (f) of section 2 of the Factories Act, 1965, or any premises deemed to be a factory in pursuance of a declaration made 5under sub section (1) of section 3 of that Act.",
"name": "Collection of statistics",
"related_acts": "",
"section_id": 3
},
{
"act_id": 194,
"details": "4. The Government may appoint an officer to be the statistics authority for the purposes of the collection of any statistics under this Act.",
"name": "Appointment of statistics authority",
"related_acts": "",
"section_id": 4
},
{
"act_id": 194,
"details": "5. (1) The statistics authority may serve or cause to be served on any person a notice requiring him to furnish, at such intervals and in such form and with such particulars as may be prescribed, such information or returns relating to any matter in respect of which statistics are to be collected and to such authority or person and in such manner and at such times as may be prescribed. (2) The notice referred to in sub section (1) may be served by post.",
"name": "Power of statistics authority to call for returns and information",
"related_acts": "",
"section_id": 5
},
{
"act_id": 194,
"details": "6. The statistics authority or any person authorised by him in writing in this behalf shall, for the purposes of the collection of any statistics under this Act, have access to any relevant record or document in the possession of any person required to furnish any information or return under this Act, and may enter at any reasonable time any premises wherein he believes such record or document to be, and may ask any question necessary for obtaining any information required to be furnished under this Act.",
"name": "Right of access to record or document",
"related_acts": "",
"section_id": 6
},
{
"act_id": 194,
"details": "7. (1) No individual return, and no part of an individual return, made, and no information with respect to any particular undertaking given, for the purposes of this Act, shall, without the previous consent in writing of the owner for the time being of the undertaking in relation to which the return or information was made or given, or his authorised agent, be published in such manner as would enable any particulars to be identified as referring to a particular undertaking. (2) Except for the purposes of a prosecution under this Act or under the Penal Code, no person not engaged in connection with the collection of statistics under this Act shall be permitted to see any individual return or information referred to in sub section (1).",
"name": "Restriction on the publication or returns and information",
"related_acts": "",
"section_id": 7
},
{
"act_id": 194,
"details": "8. If any person required to furnish any information or any return- (a) wilfully refuses or without lawful excuse neglects to furnish such information or return as required under this Act, or (b) wilfully furnishes or causes to be furnished any information or return which he knows to be false, or (c) refuses to answer or wilfully gives a false answer to any question necessary for obtaining any information required to be furnished under this Act, or if any person impedes the right of access to relevant records and documents or the right of entry conferred by section 6, he shall for each such offence be punishable with fine which may extend to five hundred Taka, and in the case of a continuing offence with a further fine which may extend to two hundred Taka for each day after the first during which the offence continues; and in respect of false information, returns or answers the offence shall be deemed to continue until true information or a true return or answer has been given or made.",
"name": "Penalties",
"related_acts": "",
"section_id": 8
},
{
"act_id": 194,
"details": "9. If any person engaged in connection with the collection of statistics under this Act wilfully discloses any information or the contents of any return given or made under this Act otherwise than in the execution of his duties under this Act or for the purposes of the prosecution of an offence under this Act or under the Penal Code, he 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 imprisonment and fine.",
"name": "Penalty for improper disclosure of information or returns",
"related_acts": "",
"section_id": 9
},
{
"act_id": 194,
"details": "10. No prosecution under section 8 shall be instituted except by or with the sanction of the statistics authority and no prosecution under section 9 shall be instituted except by or with the sanction of the Government.",
"name": "Cognizance of offences",
"related_acts": "",
"section_id": 10
},
{
"act_id": 194,
"details": "11. Power of the Central Government to give directions.- Omitted by Article 2 and Schedule of the Central Adaptation of Laws Order, 1964 (President's Order No. 1 of 1964).",
"name": "Omitted.",
"related_acts": "",
"section_id": 11
},
{
"act_id": 194,
"details": "12. (1) The Government may, subject to the condition of previous publication by notification in the official Gazette, make rules for carrying out the purposes of this Act. (2) Without prejudice to the generality of the foregoing powers, rules may be made under this section regulating the exercise of the right of access to documents and the right of entry conferred by section 6.",
"name": "Power of Government to make rules",
"related_acts": "",
"section_id": 12
}
],
"text": "An Act to facilitate the collection of statistics of certain kinds relating to industries.1♣ WHEREAS it is expedient to facilitate the collection of statistics of certain kinds relating to industries; It is hereby enacted as follows:-"
} |
{
"id": 195,
"lower_text": [
"1 Throughout this Ordinance, the words “Bangladesh” and “Government” were substituted for the words “Pakistan” and “Provincial Government” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 Sub-section (1A) was inserted by the Collective Fines (Second Amendment) Ordinance, 1942 (Ordinance No. XLIX of 1942)",
"3 Sub-section (3A) was inserted by the Collective Fines (Second Amendment) Ordinance, 1942 (Ordinance No. XLIX of 1942)"
],
"name": "The Collective Fines Ordinance, 1942",
"num_of_sections": 4,
"published_date": "13th May, 1942",
"related_act": [
75,
195,
430
],
"repelled": false,
"sections": [
{
"act_id": 195,
"details": "1. (1) This Ordinance may be called the Collective Fines Ordinance, 1942. (2) It extends to the whole of Bangladesh. (3) It shall come into force at once.",
"name": "Short title, extent and commencement",
"related_acts": "195",
"section_id": 1
},
{
"act_id": 195,
"details": "2. Interpretation.- Omitted by Article 2 and Schedule of the Central Adaptation of Laws Order, 1964 (President's Order No. 1 of 1964).",
"name": "Omitted",
"related_acts": "",
"section_id": 2
},
{
"act_id": 195,
"details": "3. (1) If it appears to the Government that the inhabitants of any area are concerned in or abetting the commission of offences prejudicially affecting the defence of Bangladesh, the public safety, the maintenance of public order, the efficient prosecution of war, or the maintenance of supplies or services necessary to the life of the community, or are harbouring persons concerned in the commission of such offences, or are failing to render all the assistance in their power to discover or apprehend the offender or offenders, or are suppressing material evidence of the commission of such offences, the Government may, by notification in the official Gazette, impose a collective fine on the inhabitants of that area. 2(1A) An officer empowered in this behalf by the Government by general or special order may exercise the power conferred by sub section (1) on the Government: Provided that an imposition of a collective fine by any such officer may be made by publication of the order imposing the fine either in the official Gazette or in any such other manner as such officer considers best calculated to bring the order to the notice of the inhabitants of the area concerned. (2) The Government or any officer empowered in this behalf by the Government by general or special order, may exempt any person or class or section of such inhabitants from liability to pay any portion of such fine. (3) The District Magistrate, after such inquiry as he may deem necessary, shall apportion such fine among the inhabitants who are liable collectively to pay it, and such apportionment shall be made according to the District Magistrate's judgment of the respective means of such inhabitants. 3(3A) In any such apportionment the District Magistrate may assign a portion of such fine to a Hindu undivided family to be payable by it. (4) The portion of such fine payable by any person (including a Hindu undivided family) may be recovered- (a) in the manner provided by the Code of Criminal Procedure, 1898, for the recovery of fines imposed by a Court, as if such portion were a fine imposed by the District Magistrate acting as a Court: Provided that the Government may, in lieu of the rules referred to in sub section (2) of section 386 of the Code of Criminal Procedure, 1898, make rules under this Ordinance regulating the manner in which warrants under clause (a) of sub-section (1) of the said section of the said Code are to be executed, and for the summary determination of any claims made by any person other than the person liable to pay the fine in respect of any property attached in execution of the warrant; or (b) as arrears of land revenue. Explanation. For the purposes of this section the expression “inhabitants of an area” includes persons who themselves or by their agents or servants occupy or hold land or other immovable property within such area, and landlords who themselves or by their agents or servants collect rents from holders or occupiers of land in such area, notwithstanding that they do not actually reside therein.",
"name": "Imposition of collective fines on inhabitants of area",
"related_acts": "75,75",
"section_id": 3
},
{
"act_id": 195,
"details": "4. No suit, prosecution or other legal proceeding whatsoever shall lie against any person for or in respect of anything which is in good faith done or intended to be done under this Ordinance.",
"name": "Bar of legal proceedings",
"related_acts": "",
"section_id": 4
}
],
"text": "An Ordinance to provide for the imposition of collective fines.1♣ WHEREAS an emergency has arisen which makes it necessary to provide for the imposition of collective fines in connection with offences prejudicially affecting the defence of Bangladesh, the public safety, the maintenance of public order, the efficient prosecution of war, or the maintenance of supplies or services necessary to the life of the community; NOW, THEREFORE, in exercise of the powers conferred by section 72 of the Government of India Act, as set out in the Ninth Schedule to the Government of India Act, 1935, the Governor General is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 196,
"lower_text": [
"1 Throughout this Ordinance, the word “Bangladesh” was substituted for the word “Pakistan” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The words “or in the military forces of an Acceding State or non Acceding State serving in association with any such forces as aforesaid” were omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The word “Government” was substituted for the words “Central Government” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Armed Forces (Special Powers) Ordinance, 1942",
"num_of_sections": 4,
"published_date": "15th August, 1942",
"related_act": [
196,
430
],
"repelled": false,
"sections": [
{
"act_id": 196,
"details": "1. (1) This Ordinance may be called the Armed Forces (Special Powers) Ordinance, 1942. (2) It extends to the whole of Bangladesh. (3) It shall come into force at once.",
"name": "Short title, extent and commencement",
"related_acts": "196",
"section_id": 1
},
{
"act_id": 196,
"details": "2. (1) Any officer not below the rank of Captain in the military forces of Bangladesh and any officer holding equivalent rank either in the naval or air forces of Bangladesh or in the forces of a foreign power allied with Bangladesh or in the forces of a foreign authority recognised by Government as competent to maintain armed forces for service in association with the forces of Bangladesh 2* * * may, if in his opinion it is necessary for the proper performance of his duty so to do, by general or special order in writing, require any personnel under his command to use such force as may be necessary, even to the causing of death, against any person who- (a)\tfails to halt when challenged by a sentry, or (b)\tdoes, attempts to do, or appears to be about to do or attempt to do, any such act as would endanger or damage any property of any description whatsoever which it is the duty of such officer to protect; and it shall be lawful for such personnel, when so ordered, to use such force against such person. (2) The use of force against any person in obedience to an order under sub section (1) shall include the power to arrest and take into custody such person, and the use of such force as may be necessary, even to the causing of death, in order to effect such arrest.",
"name": "Power to certain officers of armed forces to order use of force in certain circumstances",
"related_acts": "",
"section_id": 2
},
{
"act_id": 196,
"details": "3. Any person arrested and taken into custody under this Ordinance shall, as soon as practicable, be made over, together with a report of the circumstances occasioning the arrest, to the officer in charge of the nearest police station, or where the said person is a person subject to military law, to the appropriate military officer.",
"name": "Arrested persons to be made over to appropriate authority",
"related_acts": "",
"section_id": 3
},
{
"act_id": 196,
"details": "4. No prosecution, suit or other legal proceedings for any order purporting to be made under this Ordinance or for any act purporting to be done in obedience to any such order shall be instituted in any Court except with the previous sanction of the 3Government, and notwithstanding anything contained in any other law for the time being in force, no person purporting in good faith to make such an order or to do any act in obedience thereto shall, whatever consequences ensue, be liable therefore.",
"name": "Protection to persons acting under this Ordinance",
"related_acts": "",
"section_id": 4
}
],
"text": "An Ordinance to confer certain special powers upon certain officers of the armed forces.1♣ WHEREAS an emergency has arisen which makes it necessary to confer certain special powers upon certain officers of the armed forces; NOW, THEREFORE, in exercise of the powers conferred by section 72 of the Government of India Act as set out in the Ninth Schedule to the Government of India Act, 1935, the Governor General is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 197,
"lower_text": [
"1 The word “Government” was substituted for the words “Central Government” by section 8 of the Bangladesh Laws (Revision and Declaration) (Amendment) Act, 1974 (Act No. LIII of 1974)"
],
"name": "The Income-tax and Excess Profits Tax (Emergency) Ordinance, 1942",
"num_of_sections": 4,
"published_date": "14th November, 1942",
"related_act": [
187
],
"repelled": false,
"sections": [
{
"act_id": 197,
"details": "1. (1) This Ordinance may be called the Income tax and Excess Profits Tax (Emergency) Ordinance, 1942. (2) It shall come into force at once.",
"name": "Short title and commencement",
"related_acts": "",
"section_id": 1
},
{
"act_id": 197,
"details": "2. (1) Where documents or records pertaining to the assessment, collection or payment of income tax or excess profits tax have been damaged, lost or destroyed as a result of riot or civil commotion, the authority authorised under the Income-tax Act, 1922, or the Excess Profits Tax Act, 1940, as the case may be, to issue any notice for any of the purposes of either Act may, notwithstanding anything contained in either of the said Acts, and notwithstanding that such notice has already been issued, or has already been issued and has been or is alleged to have been complied with, or where such notice has already been issued, that the time within which the notice is to be issued has already expired, reissue such notice, and any notice so reissued shall in all respects have the same effect as if it were the original notice, and any proceedings that could have been taken in pursuance of or subsequent to the original notice may be taken in like manner in pursuance of or subsequent to the notice so reissued: Provided that in respect of assessments or reassessments made in the course of any proceedings taken under the powers conferred by this sub section the periods of eight and four years mentioned in sub section (2) of section 34 of the Income tax Act, 1922, shall be deemed to commence on and to run from the date on which the notice under sub section (2) of section 22 or sub section (1) of section 34 of that Act is reissued under the powers conferred by this sub section: Provided further that where a person proves to the satisfaction of the Income tax Officer or the Excess Profits Tax Officer, as the case may be, that he has already been assessed in respect of the income or the excess profits in respect of which notices under section 22 or section 34 of the Income tax Act, 1922, or under section 13 or section 15 of the Excess Profits Tax Act, 1940, have been reissued, and that he has paid the tax, he shall not be subject to fresh assessment. (2) Any return or information required or which could be required under the provisions of either of the said Acts to be furnished by any person shall, if the Income tax Officer or the Excess Profits Tax Officer so requires at any time be again furnished by such person notwithstanding that it may have been or is alleged to have been already furnished, and any failure to comply with any such requirement by an Income tax Officer or Excess Profits Tax Officer shall involve the same consequences as if the return or information had been altogether withheld.",
"name": "Power to issue notices and to secure returns",
"related_acts": "187,187",
"section_id": 2
},
{
"act_id": 197,
"details": "3. If any question arises whether a document or record has been damaged, lost or destroyed as a result of riot or civil commotion, the matter shall be referred to the Commissioner of Income tax or to the Commissioner of Excess Profits Tax, as the case may be, and his decision shall be final.",
"name": "Settlement of doubts",
"related_acts": "",
"section_id": 3
},
{
"act_id": 197,
"details": "4. The 1Government may make rules providing for any matter necessary to carry into effect the purposes of this Ordinance.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 4
}
],
"text": "An Ordinance to remove certain difficulties caused by the destruction of documents and records pertaining to the collection of Income tax and Excess Profits Tax. WHEREAS an emergency has arisen which makes it necessary to remove certain difficulties caused by the destruction of documents and records pertaining to the collection of Income tax and Excess Profits Tax; NOW, THEREFORE, in exercise of the powers conferred by section 72 of the Government of India Act, as set out in the Ninth Schedule to the Government of India Act, 1935, the Governor General is pleased to make and promulgate the following Ordinance:"
} |
{
"id": 198,
"lower_text": [
"1 Throughout this Ordinance, the word “Bangladesh” was substituted for the word “Pakistan” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The word “Government” was substituted for the words “Central Government or a Provincial Government” by section 8 of the Bangladesh Laws (Revision and Declaration) (Amendment) Act, 1974 (Act No. LIII of 1974)"
],
"name": "The Armed Forces (Special Powers) Extension Ordinance, 1942",
"num_of_sections": 2,
"published_date": "24th December, 1942",
"related_act": [
196,
430,
198
],
"repelled": false,
"sections": [
{
"act_id": 198,
"details": "1. (1) This Ordinance may be called the Armed Forces (Special Powers) Extension Ordinance, 1942. (2) It extends to the whole of Bangladesh. (3) It shall come into force at once.",
"name": "Short title, extent and commencement",
"related_acts": "198",
"section_id": 1
},
{
"act_id": 198,
"details": "2. The 2Government may, by notification in the official Gazette, direct that the provisions of section 2 and section 4 of the Armed Forces (Special Powers) Ordinance, 1942, shall apply to the officers and members of any police force or any portion of a police force specified in the notification, when employed on any duty specified in the notification, as they apply to officers and members of the military forces of Bangladesh; and on such direction being made the powers exercisable by an officer not below the rank of Captain in the military forces of Bangladesh shall be exercisable by any officer of a police force so specified who holds a gazetted appointment in such force.",
"name": "Power to extend Ordinance XLI of 1942, to police forces",
"related_acts": "196",
"section_id": 2
}
],
"text": "An Ordinance to provide for the extension of the Armed Forces (Special Powers) Ordinance, 1942, to officers and members of police forces employed on certain duties.1♣ WHEREAS an emergency has arisen which makes it necessary to provide for the extension of the Armed Forces (Special Powers) Ordinance, 1942, to officers and members of police forces employed on certain duties; NOW, THEREFORE, in exercise of the powers conferred by section 72 of the Government of India Act, as set out in the Ninth Schedule to the Government of India Act, 1935, the Governor General is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 199,
"lower_text": [
"1 Throughout this Act, the words “Bangladesh” and “Government” were substituted for the words “East Pakistan” and “Provincial Government” respectively by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The word “Bengal” was omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 Clause (2) was omitted by First Schedule of the East Pakistan Ordinance No. XXVIII of 1960",
"4 Clause (5) was omitted by First Schedule of the East Pakistan Ordinance No. XXVIII of 1960",
"5 The words and comma “and, in the Dacca Metropolitan Area, by the Police Commissioner” were inserted by section 12 and the Schedule of the Dacca Metropolitan Police (Amendment) Ordinance, 1976 (Ordinance No. LXIX of 1976)",
"6 The words “a Metropolitan Area” were substituted for the words “the Dacca Metropolitan Area” by section 114 and the Schedule III of the Chittagong Metropolitan Police Ordinance, 1978 (Ordinance No. XLVIII of 1978)",
"7 The words “Penal Code” were substituted for the words “Pakistan Penal Code” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Vagrancy Act, 1943 (Bengal Act)",
"num_of_sections": 29,
"published_date": "25th October, 1943",
"related_act": [
578,
430
],
"repelled": true,
"sections": [
{
"act_id": 199,
"details": "1. (1) This Act may be called the 2* * * Vagrancy Act, 1943. (2) It extends to the whole of Bangladesh. (3) It shall come into force in such areas on such dates as the Government may, by notification in the official Gazette, direct.",
"name": "Short title, extent and commencement",
"related_acts": "",
"section_id": 1
},
{
"act_id": 199,
"details": "2. In this Act, unless there is anything repugnant in the subject or context,- (1)\t“Board” means the Vagrancy Advisory Board established under sub-section (i) of section 3; 3* * * (3) \t“child” means a person under the age of fourteen years; (4)\t“Controller” means the Controller of Vagrancy appointed under sub-section (1) of section 4; 4* * * (6) \t“prescribed” means prescribed by rules made under this Act; (7)\t“receiving centre” means a house or institution for the reception and temporary detention of vagrants, provided by the Government or certified as such under sub-section (1) of section 12; (8)\t“Special Magistrate” means a Magistrate empowered to act as such under section 5; (9)\t“vagrant” means a person found asking for alms in any public place, or wandering about or remaining in any public place in such condition or manner as makes it likely that such person exists by asking for alms but does not include a person collecting money or asking for food or gifts for a prescribed purpose; (10) “vagrants' home” means an institution provided by the Government under sub-section (1) of section 13 for the permanent detention of vagrants.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 199,
"details": "3. (1) The Government as soon as possible after the commencement of this Act shall establish a Board to be called the Vagrancy Advisory Board. (2) The Board shall be constituted in the manner prescribed, subject to the condition that the number of the members of the Board shall not be less than ten. (3) The function of the Board shall be to advise the Government on all matters relating to the control of vagrancy and in particular on the administration of this Act and for the aforementioned purposes any member of the Board may enter and inspect at any time any receiving centre or vagrants' home. (4) The Board may, with the previous approval of the Government, make regulations to provide for,- (a)\tthe times and places at which its meetings shall be held; (b)\tthe issue of notices concerning such meetings; and (c)\tthe conduct of business thereat.",
"name": "Vagrancy Advisory Board",
"related_acts": "",
"section_id": 3
},
{
"act_id": 199,
"details": "4. (1) For carrying out the purposes of this Act the Government may appoint a person to be Controller of Vagrancy together with such other persons to assist him as it thinks fit. (2) Persons appointed under sub-section (1) shall exercise such powers as may be conferred and perform such functions as may be required by or under this Act.",
"name": "Appointment of Controller of Vagrancy and his assistants",
"related_acts": "",
"section_id": 4
},
{
"act_id": 199,
"details": "5. For the purposes of Chapter II of this Act the Government may empower any Magistrate of the first class to act as a Special Magistrate.",
"name": "Special Magistrates",
"related_acts": "",
"section_id": 5
},
{
"act_id": 199,
"details": "6. Any police officer authorised in this behalf by the District Magistrate 5and, in 6a Metropolitan Area, by the Police Commissioner may require any person who is apparently a vagrant to accompany him or any other police officer to, and to appear before, a Special Magistrate.",
"name": "Power to require apparent vagrant to appear before Special Magistrate",
"related_acts": "",
"section_id": 6
},
{
"act_id": 199,
"details": "7. (1) When a person is brought before a Special Magistrate under section 6, such Special Magistrate shall make a summary inquiry in the prescribed manner into the circumstances and character of such person, and if, after hearing anything which such person may wish to say he is satisfied that such person is a vagrant, he shall record a declaration to this effect and the provisions of this Act relating to vagrants shall thereupon apply to such person. (2) If on making the summary inquiry referred to in sub-section (1) the Special Magistrate is not satisfied that the person brought before him under section 6 is a vagrant such person shall forthwith be released. (3) A Special Magistrate recording a declaration under sub-section (1) that a person is a vagrant shall forthwith send a certified copy of such declaration to the Controller, and to the officer-in-charge of the receiving centre to which such vagrant is sent under sub-section (1) of section 8.",
"name": "Summary inquiry in respect of apparent vagrant and declaration of person to be a vagrant by Special Magistrate",
"related_acts": "",
"section_id": 7
},
{
"act_id": 199,
"details": "8. (1) When a person has been declared to be a vagrant under sub-section (1) of section 7 he shall forthwith be sent in the manner prescribed to the nearest receiving centre and there handed over to the custody of the officer-in-charge of such receiving centre, and such vagrant shall be detained in such receiving centre until he is sent therefrom to a vagrants' home under sub-section (1) of section 9. (2) As soon as possible after the commencement of the detention of a vagrant in a receiving centre the medical officer of such receiving centre shall with such medical help as may be necessary medically examine the vagrant in the manner prescribed as quickly as is consistent with the circumstances of the case and shall thereupon furnish the officer-in-charge of the receiving centre with a medical report regarding the health and bodily condition of the vagrant. (3) The medical report referred to in sub-section (2) shall state inter alia,- (a)\tthe sex and age of the vagrant; (b)\twhether the vagrant is a leper; (c) \tfrom what, if any, communicable diseases other than leprosy the vagrant is suffering; (d)\twhether the vagrant is insane or mentally deficient; (e) \twhat is the general state of health and bodily condition of the vagrant and for which, if any, of the prescribed types of work he is fit.",
"name": "Detention in receiving centre and medical examination of vagrant",
"related_acts": "",
"section_id": 8
},
{
"act_id": 199,
"details": "9. (1) On receipt of the medical report referred to in sub-section (2) of section 8 the officer-in-charge of a receiving centre shall, as soon as the necessary arrangements can be made, send the vagrant in the prescribed manner to such vagrants' home as the Controller may by general or special order in this behalf direct, and the said officer-in-charge shall along with such vagrant send to the Manager of the said vagrants' home,- (a)\tthe certified copy of the declaration made under sub-section (1) of section 7 relating to such vagrant which is to be sent to such officer-in-charge under sub-section (3) of the said section, and (b)\tthe said medical report. (2) When a vagrant is sent to a vagrants' home under the provisions of sub-section (1) he shall be handed over to the custody of the Manager of such vagrants' home and shall be detained therein, or in a vagrants' home to which he may be transferred under section 16, until duly discharged therefrom under section 18. (3) In issuing any order under sub-section (1) the Controller shall ensure that the following classes of vagrants, namely,- (a)\tlepers, (b)\tthe insane or mentally deficient, (c)\tthose suffering from communicable diseases other than leprosy, (d) \tchildren, are segregated from each other and from vagrants who do not belong to any of the aforementioned classes and shall also ensure that the male vagrants are segregated from the female vagrants: Provided that the provisions of this sub-section in respect of children may be relaxed as prescribed.",
"name": "Procedure or sending vagrant to vagrants’ home",
"related_acts": "",
"section_id": 9
},
{
"act_id": 199,
"details": "10. (1) If after an inquiry made under sub-section (1) of section 7 the Special Magistrate is satisfied that the person brought before him under section 6 is a vagrant but, in the course of such inquiry, it has appeared that the vagrant was not born in the area in which this Act is in force or has not been continuously resident therein for more than one year, the Special Magistrate, after making such further inquiry, if any, as he may deem necessary, may by order in writing direct the said vagrant to leave the said area within such time and by such route or routes as may be stated in the order and not to return thereto without the permission in writing of the Controller, and in such case, notwithstanding anything contained in sub-section (1) of section 7, the provisions of sections 8 and 9 shall not apply to such vagrant: Provided that if the Special Magistrate deems it necessary to make any further inquiry as aforesaid in respect of such vagrant, the vagrant shall be detained pending conclusion of the said inquiry in such receiving centre as the Controller may by general or special order in this behalf direct and for this purpose shall be sent thereto in the manner prescribed and there handed over to the custody of the officer-in-charge of such receiving centre, and shall, while he is so detained, be subject to the rules of management and discipline referred to in sub-section (1) of section 15. (2) The Controller shall not give the permission referred to in sub-section (1) unless, if the vagrant had been detained in a vagrants' home, such vagrant would have been eligible to have been discharged therefrom under the provisions of sub-section (1) of section 18. (3) When a vagrant against whom an order has been made under sub-section (1) fails to comply with such order within the time specified therein, or after complying with the said order returns without the permission in writing of the Controller to any place within the area referred to in the said order, such vagrant may be arrested without a warrant by any police officer, and shall be liable, on conviction before a Magistrate, to be punished with rigorous imprisonment for a term which may extend to six months.",
"name": "Externment of vagrant from area in which the Act is in force",
"related_acts": "",
"section_id": 10
},
{
"act_id": 199,
"details": "11. A declaration that a person is a vagrant recorded by a Special Magistrate under sub-section (1) of section 7 shall be sufficient authority to any person to retain such vagrant in his custody when such person is under the provisions of this Act or of any rule made thereunder conveying a vagrant from the Court of a Special Magistrate to a receiving centre or, from a receiving centre to a vagrants' home or from one vagrants' home to another and to the officer-in-charge of a receiving centre and to the Manager of a vagrants' home for detaining such vagrant in accordance with the provisions of this Act in a receiving centre or vagrants' home, as the case may be.",
"name": "Validity of custody and detention of vagrant",
"related_acts": "",
"section_id": 11
},
{
"act_id": 199,
"details": "12. (1) The Government may provide and maintain together with the necessary furniture and establishment one or more receiving centres at such place or places as it thinks fit, or may certify by notification in the official Gazette, any existing charitable or other institution, subject to the prior consent of the controlling authority of such institution and on such conditions as may be mutually agreed upon between the Government and the said authority, to be a receiving centre for the purposes of this Act. (2) For the purposes of this Act every receiving centre shall be under the immediate control of an officer-in-charge who shall be appointed by the Government and who shall perform his functions subject to the orders of the Controller. (3) The Government shall also appoint for every receiving centre one or more suitably qualified persons as medical officers.",
"name": "Provision of receiving centres",
"related_acts": "",
"section_id": 12
},
{
"act_id": 199,
"details": "13. (1) The Government may provide and maintain together with the necessary furniture, equipment and establishment, one or more vagrants' homes at such place or places as it thinks fit and such vagrants' homes may include provision for the teaching of agricultural, industrial or other pursuits and for the general education and medical care of the inmates. (2) Every such vagrants' home shall be under the immediate charge of a Manager who shall be appointed by the Government and who shall perform his functions subject to the orders of the Controller. (3) The Government may appoint in respect of a vagrants' home a suitably qualified person as medical officer and one or more suitably qualified persons as teachers.",
"name": "Provision of vagrants’ homes",
"related_acts": "",
"section_id": 13
},
{
"act_id": 199,
"details": "14. Every officer-in-charge of a receiving centre or Manager of a vagrants' home may order that any vagrant detained in such receiving centre or vagrants' home shall be searched and that the personal effects of such vagrant shall be inspected and any money then found with or on the vagrant shall be applied in the manner prescribed towards the welfare of vagrants and any of such effects other than money may be sold in auction and the proceeds of the sale shall be applied as aforesaid: Provided that a female vagrant shall be searched by a female only and with due regard to decency.",
"name": "Search of vagrants",
"related_acts": "",
"section_id": 14
},
{
"act_id": 199,
"details": "15. (1) Vagrants detained in receiving centres or vagrants' homes under this Act shall be subject to such rules of management and discipline as may from time to time be prescribed. Explanation.- Discipline includes the enforcement of the doing of manual or other work by a vagrant. (2) If any vagrant wilfully disobeys or neglects to comply with any rule referred to in sub-section (1) he shall on conviction before a Magistrate be liable to be punished with rigorous imprisonment for a term which may extend to three months. (3) The Government may authorise the Manager of a vagrants' home to punish any vagrant detained in such vagrants' home who wilfully disobeys or neglects to comply with any rule referred to in sub-section (1) with hard labour of the type prescribed for any period not exceeding seven days; and such punishment may be in lieu of or in addition to any punishment to which the vagrant may be liable under sub-section (2).",
"name": "Management and discipline",
"related_acts": "",
"section_id": 15
},
{
"act_id": 199,
"details": "16. The Controller may by order in writing direct the transfer of a vagrant from one vagrants' home to another and a vagrant in respect of whom such an order is passed shall thereupon be sent in the manner prescribed to, and handed over to the custody of, the Manager of the vagrants' home to which he has by such order been transferred.",
"name": "Transfer of vagrants from one vagrants’ home to another",
"related_acts": "",
"section_id": 16
},
{
"act_id": 199,
"details": "17. The Manager of a vagrants' home shall use his best endeavours to obtain outside the vagrants' home suitable employment for vagrants detained therein.",
"name": "Outside employment to be obtained for vagrants when possible",
"related_acts": "",
"section_id": 17
},
{
"act_id": 199,
"details": "18. (1) A vagrant may be discharged from a vagrants' home under orders of the Controller,- (a)\ton the Manager of such vagrants' home certifying in the prescribed manner that satisfactory employment has been obtained for such vagrant; (b) \ton its being shown to the satisfaction of the Controller that such vagrant has become possessed of an income sufficient to enable him to support himself without resorting to vagrancy; (c) \ton a relative of such vagrant, or a person who the Controller is satisfied is interested in the welfare of such vagrant, entering into a bond with or without sureties for a sum prescribed, to look after and maintain such vagrant and to prevent him from resorting to vagrancy; (d) \tfor other good and sufficient reasons to be recorded by the Controller in writing. (2) When the employment referred to in clause (a) of sub-section (1) has been obtained for a vagrant, any such vagrant refusing or neglecting to avail himself thereof shall be liable to be punished on conviction before a Magistrate, with rigorous imprisonment for a term which may extend to one month.",
"name": "Discharge of vagrants from vagrants’ home",
"related_acts": "",
"section_id": 18
},
{
"act_id": 199,
"details": "19. Whoever employs or causes any person to ask for alms, or abets the employment or the causing of a person to ask for alms, or whoever, having the custody, charge, or care of a child, connives at or encourages the employment or the causing of a child to ask for alms shall be liable to be punished on conviction before a Magistrate with rigorous imprisonment for a term which may extend to two years or with fine or with both.",
"name": "Punishment for employing or causing persons to ask for alms",
"related_acts": "",
"section_id": 19
},
{
"act_id": 199,
"details": "20. Any person refusing or failing to accompany a police officer to, or to appear before a Special Magistrate, when required by such officer under section 6 to do so, may be arrested without warrant, and shall be liable to be punished on conviction before a Magistrate with rigorous imprisonment for a term which may extend to one month or with fine, or with both.",
"name": "Punishment for refusing to go before a Special Magistrate",
"related_acts": "",
"section_id": 20
},
{
"act_id": 199,
"details": "21. Any vagrant who refuses to submit to a medical examination by the medical officer of a receiving centre or by any person assisting such medical officer under the provisions of sub-section (2) of section 8 shall be liable to be punished on conviction before a Magistrate with rigorous imprisonment for a term which may extend to one month.",
"name": "Punishment for refusing to submit to medical examination at receiving centre",
"related_acts": "",
"section_id": 21
},
{
"act_id": 199,
"details": "22. Any vagrant who escapes from any custody to which he has been committed under this Act or any rule made thereunder or who leaves a receiving centre without the permission of the officer-in-charge thereof, or who leaves a vagrants' home without the permission of the Manager thereof, or who, having with the permission of such officer-in-charge or Manager, as the case may be, left a receiving centre or a vagrants' home for a time specified under any rule referred to in sub-section (1) of section 15, wilfully fails to return on the expiration of such time, may be arrested without warrant and shall for every such offence, be liable to be punished, on conviction before a Magistrate with rigorous imprisonment for a term which may extend to six months.",
"name": "Punishment for escape from receiving centre or vagrants’ home",
"related_acts": "",
"section_id": 22
},
{
"act_id": 199,
"details": "23. Every person imprisoned under the provisions of sub-section (2) of section 15, sub-section (2) of section 18, section 20, section 21 or section 22 shall at the end of his term of imprisonment be brought under police custody before the nearest Special Magistrate who shall forthwith deal with such person in the manner laid down in sections 7, 8 and 9 as if such person had been brought before such Special Magistrate under the provisions of section 6: Provided that if the said Special Magistrate is of the opinion that such person would, if detained under this Act as a vagrant in a vagrants' home, be eligible to be discharged therefrom under the provisions of sub-section (1) of section 18, he may, instead of dealing with such person as aforesaid, direct that such person be released and such person shall thereupon be set at liberty.",
"name": "Procedure at end of imprisonment",
"related_acts": "",
"section_id": 23
},
{
"act_id": 199,
"details": "24. (1) No prosecution for an offence under this Act may be commenced except by, or with the permission of, such officer as may be prescribed in this behalf. (2) No offence under this Act shall be triable by any Magistrate other than a Magistrate of the first class.",
"name": "Prosecution and jurisdiction to try offenders",
"related_acts": "",
"section_id": 24
},
{
"act_id": 199,
"details": "25. All persons empowered to perform any function under this Act shall be deemed to be public servants within the meaning of section 21 of the 7Penal Code.",
"name": "Persons to be deemed public servants",
"related_acts": "",
"section_id": 25
},
{
"act_id": 199,
"details": "26. No suit, prosecution or other legal proceeding shall lie against any person empowered to perform any function under this Act for anything which is in good faith done or intended to be done under this Act.",
"name": "Indemnity",
"related_acts": "",
"section_id": 26
},
{
"act_id": 199,
"details": "27. Repealed by the First Schedule of the East Pakistan Ordinance, 1960 (Ordinance No. XXVIII of 1960).",
"name": "Repealed",
"related_acts": "",
"section_id": 27
},
{
"act_id": 199,
"details": "28. (1) The Government may make rules for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:- (a) \tthe purposes for which a person may collect money or ask for food or gifts referred to in clause (9) of section 2; (b) \tthe constitution of the Board referred to in sub-section (2) of section 3; (c) \tthe manner in which the summary inquiry referred to in sub-section (1) of section 7 shall be made; (d) \tthe manner in which a vagrant is to be sent to a receiving centre under sub-section (1) of section 8 and the proviso to sub-section (1) of section 10; (e) \tthe manner in which a medical officer is medically to examine a vagrant under sub-section (2) of section 8; (f) \tthe types of works for which a vagrant may be reported fit under clause (e) of sub-section (3) of section 8; (g) \tthe manner in which a vagrant is to be sent to a vagrants' home under sub-section (1) of section 9; (h) \tthe manner in and the extent to which the provisions of sub-section (3) of section 9 in respect of children may be relaxed; (i) \tthe manner in which the money found with or on, or the proceeds of the sale of other personal effects of, a vagrant may be applied to the welfare of vagrants under section 14; (j) \tthe management and discipline referred to in sub-section (1) of section 15 to which vagrants detained in receiving centres and vagrants' homes shall be subject; (k) \tthe type of the hard labour which is to form the punishment which may be awarded under sub-section (3) of section 15; (l)\tthe manner in which a vagrant may be sent from one vagrants' home to another under section 16; (m)\tthe manner in which the Manager of a vagrants' home is to certify under clause (a) of sub-section (1) of section 18 that satisfactory employment has been obtained for a vagrant; (n) \tthe amount of the bond referred to in clause (c) of sub-section (1) of section 18; (o) \tthe officer referred to in sub-section (1) of section 24.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 28
},
{
"act_id": 199,
"details": "29. Continuance of action taken under Bengal Ordinance II of 1943.- Omitted by section 2 and the First Schedule of the East Pakistan Repealing and Amending Ordinance, 1962 (East Pakistan Ordinance No. XIII of 1962).",
"name": "Omitted.",
"related_acts": "",
"section_id": 29
}
],
"text": "An Act to provide for dealing with vagrancy in Bangladesh.1♣ WHEREAS it is expedient to make provision for dealing with vagrancy in Bangladesh; It is hereby enacted as follows:-"
} |
{
"id": 200,
"lower_text": [
"1 Throughout this Act, the words “Bangladesh”, “Government” and “Bangladesh, India or Pakistani origin” were substituted for the words “Pakistan”, “Central Government” and “Indo-Pakistan origin” respectively by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Reciprocity Act, 1943",
"num_of_sections": 7,
"published_date": "31st March, 1943",
"related_act": [
200,
430
],
"repelled": false,
"sections": [
{
"act_id": 200,
"details": "1. (1) This Act may be called the Reciprocity Act, 1943. (2) It extends to the whole of Bangladesh. (3) It shall come into force on the 1st day of September, 1943.",
"name": "Short title, extent and commencement",
"related_acts": "200",
"section_id": 1
},
{
"act_id": 200,
"details": "2. In this Act, unless there is anything repugnant in the subject or context,- (a)\t“British possession” means any part of His Majesty's dominions and includes a protectorate or other territory administered by a British possession as a mandatory on behalf of the League of Nations; and where parts of those dominions are under both a central and a local legislature, the expression shall mean either each part under a local legislature or all parts under the central legislature. (b)\t“entry” includes landing at any port in Bangladesh during the stay in Bangladesh of a ship or aircraft on its way to a destination outside Bangladesh.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 200,
"details": "3. Where by the law or practice of any British possession persons of Bangladesh, Indian or Pakistani origin are subject in that British possession to disabilities in respect of entry into, or travel, residence, the acquisition, holding or disposal of property, the enjoyment of educational facilities, the holding of public office, the carrying on of any occupation, trade, business or profession, or the exercise of the franchise in, that British possession, to which in respect of the like matters in Bangladesh persons domiciled in that British possession are not subject in Bangladesh, the Government may, by notification in the official Gazette, direct that the same disabilities or disabilities as similar thereto as may be shall, notwithstanding anything contained in any other law for the time being in force, be imposed in Bangladesh on persons not being of Bangladesh, Indian or Pakistani origin who are domiciled in that British possession.",
"name": "Power of Government to impose reciprocal disabilities on persons domiciled in British possessions",
"related_acts": "",
"section_id": 3
},
{
"act_id": 200,
"details": "4. If any person alleged to be domiciled in any British Possession and to be subject to the provisions of this Act pleads that he is not so domiciled, or that the provisions of this Act do not apply to him, the onus of proving the truth of such a plea shall be on him.",
"name": "Burden of proof on person claiming exemption",
"related_acts": "",
"section_id": 4
},
{
"act_id": 200,
"details": "5. Direction imposing disabilities in respect of entry, travel and residence not to apply to armed forces.- Omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 5
},
{
"act_id": 200,
"details": "6. (1) The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, rules made under this section may provide- (a)\tfor the setting up of machinery to ascertain the disabilities in respect of any of the matters specified in section 3 to which persons of Bangladesh, Indian or Pakistani origin are subject in any British possession; (b) \tfor the establishment of a suitable agency to administer the rules and for defining its functions and powers; (c)\tfor specifying the disabilities that shall, when a direction has been made under section 3, be imposed in Bangladesh on persons not being of Bangladesh, Indian or Pakistani origin who are domiciled in any British possession and for the imposition on them of the disabilities so specified; (d)\tfor the enforcement, by the prescription of a penalty by way of imprisonment or fine or both, of any rule made under clause (c); (e)\tfor authorising the arrest of any person contravening or reasonably suspected of contravening any rule made under clause (c), and for prescribing the duties of public servants and others in regard to such arrests.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 6
},
{
"act_id": 200,
"details": "7. Repeal of Act III of 1924.- Omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 7
}
],
"text": "An Act to make provisions on a basis of reciprocity in regard to entry into, travel, residence, the acquisition, holding or disposal of property, the enjoyment of educational facilities, the holding of public office, or the carrying on of any occupation, trade, business or profession in Bangladesh by, and the franchise in Bangladesh of, persons domiciled in British Possessions.1♣ WHEREAS it is expedient to make provisions on a basis of reciprocity in regard to entry into, travel, residence, the acquisition, holding or disposal of property, the enjoyment of educational facilities, the holding of public office, or the carrying on of any occupation, trade, business or profession in Bangladesh by, and the franchise in Bangladesh of, persons domiciled in British Possessions; It is hereby enacted as follows:-"
} |
{
"id": 201,
"lower_text": [],
"name": "The Hindu Women's Rights to Property (Extension to Agricultural Land) Act, 1943 (Assam Act)",
"num_of_sections": 2,
"published_date": "15th December, 1943",
"related_act": [
171
],
"repelled": false,
"sections": [
{
"act_id": 201,
"details": "1. (1) This Act may be called the Hindu Women's Rights to Property (Extension to Agricultural Land) Act, 1943. (2) It extends to the whole of the district of Sylhet. (3) It shall come into force at once.",
"name": "Short title, extent and commencement",
"related_acts": "",
"section_id": 1
},
{
"act_id": 201,
"details": "2. The term “property” in the Hindu Women's Rights to Property Act, 1937, and the Hindu Women's Rights to Property (Amendment) Act, 1938, shall include, and shall be deemed always to have included, agricultural land: Provided that where any person who, but for this Act, would have been entitled to any property has been in possession or has made a transfer thereof, his possession till the commencement of this Act shall be deemed to be as lawful, and the transfer made by him shall be deemed to be as valid, as if this Act had not been passed.",
"name": "“Property” to include agricultural land",
"related_acts": "171",
"section_id": 2
}
],
"text": "An Act to extend the operation of the Hindu Women’s Rights to Property Act, 1937, and the Hindu Women’s Rights to Property (Amendment) Act, 1938, to agricultural land in the district of Sylhet. WHEREAS the Hindu Women’s Rights to Property Act, 1937, and the Hindu Women’s Rights to Property (Amendment) Act, 1938, purport to give better rights to women in respect of property in general; AND WHEREAS transactions have already taken place in the Province on the basis that women had acquired better rights under the said Acts in respect of agricultural land as well as other kinds of property; AND WHEREAS it has now been established that the said Acts do not operate to give them better rights in respect of agricultural land; AND WHEREAS in order to validate those transactions as well as to give women in future those better rights and for other purposes, it is expedient to extend the operation of the said Acts to agricultural land with retrospective effect, but with certain savings; It is hereby enacted as follows:-"
} |